Z-338 PUD Providence @ Old MeridianORDINANCE NO. Z-338
PROVIDENCE AT OLD MERIDIAN
PLANNED UNIT DEVELOPMENT
DISTRICT
TABLE OF CONTENTS
Page
Section 1. Leeislative Intent ................................................. - 1 -
Section 2. Applicability of Ordinance ......................................... - 1 -
Section 3. Definitions ...................................................... - 1 -
Section 4. Modification of Development Requirements .......................... - 9 -
Section 5. Permitted Principal Use .......................................... - 10 -
Section 6. Permitted Accessory Uses ........................................... - 14 -
Section 7. SecondaryArea/Residential Development ............................ - 14 -
Section 8. Primary Area ................................................... - 15 -
Section 9. Streets ......................................................... - 16 -
Section 10. Open Space .................................................... - 17 -
Section 11. Recreational Space ............................................. - 18 -
Section 12. Sidewalks and Paths ............................................ - 18 -
Section 13. Area and Bulk Regulations ....................................... - 19 -
Section 14. Parkine ....................................................... - 20-
Section 15. Loading and Service Areas ....................................... - 23 -
Section 16. Siens ......................................................... - 23 -
Section 17. Landscapine ................................................... - 31 -
Section 18. Li~htin~ ...................................................... - 32 -
Section 19. Procedure ..................................................... - 33 -
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Section 20. Certification and Recordation of the Final Development Plan .......... - 39 -
Section 21. Commission Consents or Approvals ............................... - 39 -
Exhibit A. Land Description
Exhibit B. Area Classification
Exhibit C. Desien Vocabulary
Exhibit D. Design Vocabulary for Signage
Exhibit E. Development Plan
Exhibit F. Zoning Commitment
ORDINANCE NO. Z-338
AN ORDINANCE ESTABLISHING THE PROVIDENCE AT OLD MERIDIAN
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended (the
"Carmel Clay Zoning Ordinance"), provides for the establishment of a PUD District in accordance
with the requirements of IC 36-7-4-1500 et. seq. PUD statute; and
WHEREAS, the Carmel Clay Plan Commission (the "Commission") has given a favorable
recommendation to the ordinance set forth herein (the "Ordinance") which establishes the
Providence at Old Meridian Planned Unit Development District (the "District");
NOW, THEREFORE, BE IT ORDMNED by the Common Council of the City of Carmel
(the "Council"), Indiana, that, pursuant to IC 36-7-4-1500 et seq., it adopts this Ordinance as an
amendment to the Carmel Clay Zoning Ordinance.
Section 1. Leeislative Intent.
Having given reasonable regard to the Comprehensive Plan and the other matters specified
in Section 31.6.4(4) of the Carmel Clay Zoning Ordinance, ani:l specifically to Section 1.1.6, the
intent of the Council in adopting this Ordinance is to insure that the increased flexibility and. design
speci~city regulations over land development authorized herein is carried out under administrative
standards and procedures.
Section 2. Applicability of Ordinance.
2.1 The Official Zoning Map, a part of the Carmel Clay Zoning Ordinance, is hereby
changed to designate the land described in Exhibit A as a planned unit development district.
2.2 Development in the District shall be govemed entirely by the provisions of this
Ordinance, the Carmel Clay Zoning Ordinance and the Sign Ordinance specifically referenced within
this Ordinance and as in effect on the date hereof shall also apply. In the event of a conflict between
this Ordinance and the Carmel Clay Zoning Ordinance or the Sign Ordinance, the provisions of this
Ordinance shall apply. .
2.3 This Ordinance, having met the requirements oflC 36-7-4-701 et seq., constitutes the
subdivision control ordinance of the District.
Section 3. Definitions.
Unless otherwise stated, the following words shall, for the purpose of this Ordinance, have
the meaning herein indicated. Any word used in this Ordinance which is not defined herein and
which is defined in Section 3.0 of the Zoning Ordinance, or Section 01-2 of the Sign Ordinance
shall, for the purpose of this Ordinance, have the meaning defined therein, unless the context
otherwise requires.
Accessory Building. A building subordinate to another structure or use located in the same
development. An Accessory Building may also include a detached garage; maintenance building;
compactor; public utilities; communication, electric distribution and secondary power lines; gas,
water and sewer lines; their supports and poles, guy wires, small transformers, wire or cable and
other incidental equipment and public telephone booths.
Accessory Use. A use subordinate to the main use, located in the same area or in the same
building as the main use, and incidental to the main use, or otherwise utilized for a use described in
the definition of"Accessory Building".
Adult Day Care Center. An individual, agency or organization providing supervision or care
on a regular basis for adults in a place other than their usual place of abode.
Apartment. A dwelling intended primarily for rental.
Apartment Block. All or any of the designated Blocks A, B and C as depicted on the Area
Classification Exhibit attached to this Ordinance as Exhibit B, all of which are located in and
together comprise the Secondary Area.
Apartment House. (See Dwelling).
Architectural Review Board. The board established by a Declaration for the purpose of
reviewing the design of all structures proposed to be constructed in that part of the District regulated
by such Declaration.
Attached Dwelling. (See Dwelling, Attached).
Awning Sign. A sign that is pointed, stamped, perforated, stitched or otherwise applied on
the surface of an awning.
Billboard. Off-premise advertising for business not conducted on site.
Buffer. An area within a property or site, generally adjacent to and parallel with the property
line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms,
multi-use path, and/or fences, and designed to limit views and sounds from the Development to
adjacent properties and vice versa.
Build-to Line. An alignment which dictates the maximum front yard setback from a Street
or public right-of-way, to be followed by buildings or structures fronting thereon. The build-to line
does not apply to building projections or recesses.
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Build-up Line. An alignment which dictates an average height to the cornice line or to the
roof edge line on a Street or space.
Building Height. The vertical distance from the highest finished grade relative to the Street
frontage to the comice line or to the roof edge line. The vertical distance from the comice line or
roof edge to the parapet or roof ridge (including gables), and the height of towers, steeples, cupolas
and other architectural roof embellishments are not included in calculating building height.
Building Scale. The relationship between the mass of a building and its surroundings,
including the width of Street, Open Space and mass of surrounding buildings.
Caliper. The diameter of a tree trunk measured in inches, 12 inches above ground level for
trees up to 4 inches in diameter and measured 24 inches above ground level for trees over 4 inches
in diameter.
Changeable Copy. Non-constant copy that can be manually or electronically changed.
Child Day Care Center. An individual, agency or organization providing supervision or care
on a regular basis for children who are not related by blood or marriage to, and who are not the legal
wards or foster children of, the supervising adult.
Clubhouse. The building at the eastem terminus of Providence Boulevard containing both
business and resident services as well as being a meeting place where the people of the community
may carry on cultural, recreational, or social activities.
Civic Uses. A project, undertaking or use of real estate which has as its primary purpose
either the furtherance of the common good or general welfare of the public or the support of a
governmental objective, i.e. a polling or voting facility.
Column. A vertical pillar or shaft, usually structural.
Commercial Structure. A building containing one or more spaces utilized for a purpose
permitted by Section 5.1.4.
Common Parking Lot. A Parking Lot maintained by the Owners Association and intended
for use by the occupants of or visitors to a commercial structure or an Apartment house.
Commercial Uses. Those uses described in Section 5.1.4.
Congregate Housing. Dependent or independent living facilities for the elderly or the
disabled. May also include Adult Day Care Center.
Conservation Area. A particular portion of the District restricted from future development.
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Context. The character of the buildings, Streetscape, neighborhood, or environment which
surround a given building or site.
Cornice. The top part of an entablature, usually molded and projecting.
Cupola. A small roof tower usually rising from the roof ridge.
Curb Radius. For a mountable curb, the curved edge of the Street at intersections, measured
at the front of the curb. For a chairback-type curb, measured at the back of the curb.
Day Care Center. Day care provided on less than a 24 hour basis for either children or adults,
according to and limited by the definitions for Child Day Care Center and Adult Day Care Center.
Declaration. A Declaration of Covenants and Restrictions for one or more phases of the
Development recorded in the Office of the Recorder of Hamilton County, Indiana, as the same may
be amended from time to time.
Department. The Department of Community Services of the City of Carreel, Indiana.
Dependent Living Facility. Nursing homes, rest homes and homes for the aged facilities
which are designed for persons who need a wide range of health and support services, such as
medical, nursing and personal services care, central dining facilities and transportation services.
Design Vocabulary. Building guidelines and requirements including but not necessarily
limited to the architectural style, building materials and colors, and landscape and Streetscape
details as provided in Sections 7.4 and 8.1, and substantially as shown on (i) the District Design
Guidelines prepared by Looney Ricks Kiss, last dated as of July 28, 1999, a copy of which is
attached as Exhibit C, and (ii) the signage package prepared by E&S Marketing Resources, dated
as of May 18, 1999, for signage in the District, a copy of which iS attached as Exhibit D.
Developer. A person engaged in development of one or more phases of the Development.
Development. The land constituting the District as it may be developed and improved in
accordance with this Ordinance and the Development Requirements. contained herein.
Development Plan. The plan for the Development approved by the Commission, a copy of
which is attached hereto as Exhibit E, as the same may be modified from time to time pursuant to
Section 19. Also referred to as Preliminary Development Plan.
Development Requirements. The Development Standards and the Development Plan.
Development Standards. The normative specific requirements for development in the
District set forth in this Ordinance.
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Directional Sign. A sign directing vehicular and/or pedestrian traffic movement.
District. Approximately 28.4 acres of land described in Exhibit A attached hereto and
incorporated herein.
Dwelling. A room or combination of rooms designed for year-round habitation, containing
a bathroom and kitchen facilities, and designed for or used as a permanent residence by at least one
person. Specific Dwelling types include the following:
Attached Dwelling. Townhouse, duplex, triplex, or quadriplex dwellings,
developed side by side for sale as condominiums pursuant to a horizontal property
regime, or as fee simple dwellings where land is sold with the dwelling. Attached
dwellings whether sold as condominiums or as individually deeded lots are excluded
from the definition of Apartments as it pertains to this Ordinance.
Apartment House. More than four Apartments sharing common walls and
common floors and ceilings.
Elevation. An exterior facade of a structure, or its head-on view, or representation drawn
with no vanishing point, and used primarily for construction.
Facade. A building face or wall.
Facade Signage Area. The area or areas on a commercial building facade where signs may
be placed without disrupting facade composition. The signable area will often include panels at the
top of show windows, transoms over storefront doors and windows, sign boards on fascias, and areas
between the top of the storefront and the sills of second story windows.
Fenestration. Window and other openings on a building facade.
Fascia. A projecting flat horizontal member or molding, also part of a classical entablature.
Gable. That part of the end wall of a building between the eaves and a pitched or gambrel
roof.
Gross Residential Density. The number of Dwellings in relation to the total land area in the
District.
Ground/Monument Sign. A sign which is supported by one or more uprights or braces in the
ground.
Human Scale. The relationship between the dimensions of a building, structure, Street, Open
Space, or Streetscape element and the average dimensions of the human body.
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Inn. A building or buildings containing individual rooms or suites for the purpose of
providing temporary lodging facilities to the general public for compensation, and which may have
kitchen facilities, either in individual rooms or for a restaurant located in the building, and facilities
for reservations and cleaning services, combined utilities and on-site management and reception
services.
Landscape Plan. The general design for landscaping in the District depicted on the
Development Plan or on a plan or drawing submitted to the Department.
Landscaping. Trees, shrubs, hedges, flowers, ground covers, grasses, other plant materials
and associated structures and improvements.
Large Maturing Tree. A tree whose height is normally greater than 30 feet at maturity.
Lawn Sign. A sign located in a lawn between the building edge and sidewalk.
Live Work Unit. A module within a mixed-use building comprising both permitted
commercial uses and residential uses.
Providence Boulevard. Main boulevard extending east from Old Meridian to the first Street
intersection as depicted on the Development Plan.
Masonry. Brick or stone wall building material.
Massing. The three-dimensional bulk of a structure: height, width, and depth.
Mixed Use. The combination of both commercial and residential uses within a single
building of two or more stories.
Modification. A change to the Development Requirements approved pursuant to Section 4.
Open Space. A pervious land surface, a parcel, or parcels, of land, an area of water, or a
combination of land and water, including flood plain and wetland areas within the Development
designed and intended to enhance the use and enjoyment of the residents of the Development and,
where designated, the community at large. Paths or sidewalks located in the District may be
included in the required area computations.
Owners' Association. An Indiana non-profit corporation whose members are owners of
attached dwellings in the District, developed under Indiana's horizontal property regime law.
Parking Lot. An area, not within a building, where more than six motor vehicles may be
parked for the purposes of temporary, daily or overnight off-street parking.
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Parking Lot, Large. A parking area containing 36 or more parking spaces.
Parking Lot, Small. A parking area containing 35 or fewer parking spaces.
Parking Space. An area permanently reserved for the temporary parking of one motor
vehicle and connected to a Street.
Path. A paved or otherwise cleared way intended as a walking or jogging trail or a bikeway
located in an Open Space, an easement, or a fight-of-way.
Permitted Dwellings. The aggregate number of dwellings which may be constructed in the
District without exceeding the Gross Residential Density limitations for the District set forth in
Section 7 of this Ordinance, whether or not actually constructed.
Pilaster. A column partially embedded in a wall.
Phase. Any land area, whether platted or unplatted, building or buildings designated by the
Developer in an application for approval of a plat or issuance of an improvement location permit.
Portico. An open sided structure attached to a building sheltering an entrance or serving as
a semi-enclosed space.
Premises Identification. The common street address of a building displayed in numerals.
Primary Area . That part of the District more particularly delineated on the Area
Classification Exhibit attached as Exhibit B.
Projecting Sign. Any sign other than a wall sign affixed to any building or wall whose
leading edge extends beyond such building or wall.
Proportion. The relationship or ratio between two dimensions, e.g. width of street to height
of building wall, or width to height of window.
Public Viewshed. That which is reasonably visible, under average conditions, to the average
observer from a Street, civic space or Open Space.
Real Estate Sign. A temporary sign which advertises the sale, rental or development of the
premises upon which it is located.
Recreational Facilities. An area within a building containing meeting or other facilities
located in a recreational space and intended for use in connection with the enjoyment of recreational
space.
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Recreational Space. An area of land or combination of land, water resources and
Recreational Facilities for public or private use that is developed for active and/or passive
recreational pursuits with various manmade features that accommodate such activities.
Sandwich Board Sign. An A-framed portable sign removed at the close of business day.
Secondary Area. That part of the District lying beyond the Primary Area as more particularly
delineated on the Area Classification Exhibit attached as Exhibit B.
Sidewalk. A paved walkway provided for pedestrian use.
Sidewalk Display. The outdoor display of merchandise for sale by a commercial
establishment. The displayed merchandise must be similar to the merchandise sold within the
establishment.
Sign Area. That portion of the signage material enclosing the limits of the copy area of a
sign. In the case of a double-faced sign, the sign area would include one side, and such double-faced
sign shall be considered one ( 1 ) sign for purposes of this Ordinance.
Sign, Comer. A projecting sign located on the comer of a commercial building, the
signboard of which is equally visible from each right-of-way which creates the comer.
Sign, Icon. A sign that illustrates, by its shape and graphics, the nature of the business
conducted within.
Sign Setback. Minimum distance being the closer of the right-of-way, Street, or property line
to the closest point of the sign.
Sign, Traffic. A sign directing traffic movement into or within the District, the wording,
shape and graphics of which shall, to the extent applicable, comply with the "Manual on Uniform
Traffic Control Devices."
Sign Fascia. The vertical surface of a lintel over a storefront which is suitable for sign
attachment.
Sign Ordinance. Carmel/Clay Sign Ordinance, Z-302, as amended.
Small Maturing Tree. A tree whose height is normally less than 30 feet at maturity.
Specimen Tree. Any tree with a Caliper of 18 inches or more and designated as such on the
Development Plan.
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Story. A habitable level within a building no more than 16 feet in height from floor to
ceiling. A basement, although wholly or partially habitable, is not a story unless more than 50
percent of the basement elevation is above grade at the build-to line.
Street. The paved areas located in the District designed for vehicular traffic and labeled on
the Development Plan as a street with a corresponding name.
Street Furniture. Functional elements of the Streetscape, including but not limited to
benches, trash receptacles, planters, telephone booths, kiosks, clock posts, sign posts, street lights,
fountains, bollards, and removable enclosures.
Streetscape. The built and planted elements of a Street which define its character.
Texture. The exterior finish of a surface, ranging from smooth to course.
Threshold Elements. Porches, stoops, stairs, balconies, eves, comices, loggias, arcades,
chimneys, awnings, doors and windows which are placed at or near the build-to line and interface
between the main body of the building and the Street.
Townhouse. Two or more dwellings, arranged side by side, separated by common walls
between living areas, each having more than one story.
Tree Lawn. A planting area located within or adjacent to the public right-of-way, typically
located between the curb and the Sidewalk, and planted with ground cover and trees.
Visually Impervious. A buffering or screening device which blocks the view to or from
adjacent sites by a discemible factor of at least 80 percent.
Wall-Mounted Sign. A sign affixed directly to or painted on or otherwise inscribed on an
exterior wall and confined within the limits thereof of any building and which projects from that
surface less than 12 inches at all points.
Window/Door Sign. A sign affixed directly to or painted on or otherwise inscribed on an
interior or exterior of a transparent surface, typically a door or window.
Section 4. Modification of Development Requirements.
4.1 The Commission or any applicable authorized committee, may, upon petition of the
Developer, modify any Development Requirements specified in this Ordinance.
4.2 Modification of the Development Requirements requested by the Developer may be
approved by the Commission or any applicable authorized committee, after a public hearing held
in accordance with the Commission's Rules of Procedure. However, any decision of a committee
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which approves or denies any requested modification may be appealed by the Director or any
interested party (including the Developer) to the Commission, all in accordance with the
Commission's Rules of Procedure.
4.3 Any proposed modification of the Development Requirements shall comply with the
following guidelines:
4.3.1 The modification shall be in harmony with the purpose and intent of this
Ordinance.
4.3.2 The modification shall not have a material adverse impact on the physical,
visual, or spatial characteristics of the Development.
4.3.3 The modification shall not have a material adverse impact on theStreetscape
and neighborhood.
4.3.4
The modification shall not result in any danger to the public health, safety,
or welfare by making access to the dwellings by emergency vehicles more
difficult, by depriving adjoining properties of adequate light and air, or by
violating the other purposes for which this Ordinance was enacted as set forth
in Section 1.
4.4 This Ordinance contains Development Standards, which are normative and set forth
specific requirements. When applying the Development Standards, the Commission shall carefully
weigh the specific circumstances surrounding the modification petition and strive for development
solutions that promote the spirit, intent and purposes of this Ordinance.
4.5 If the Commission or its applicable authorized committee determines that the
proposed modification will not have a material adverse impact on development in the District, it
shall grant a modification of the Development Requirements. In granting modifications, the
Commission may impose such conditions as will, in its reasonable judgment, secure the objectives
and purposes of this Ordinance.
Section 5. Permitted Principal Use.
5.1 Primary Area. The following uses are permitted in the Primary Area or parts thereof,
subject to the applicable Development Standards.
5.1.1
The following residential uses:
(a) Apartments
(b) Attached Dwellings
(c) Congregate Housing
(d) Accessory Uses
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5.1.2
5.1.3
5.1.4
Recreational space and associated improvements.
Civic Uses.
The following commercial uses:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
6)
(k)
(1)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(Y)
(z)
(aa)
(bb)
(co)
(aa)
(ee)
(ff)
(gg)
financial institutions, including drive-through banking facilities
(provided such are located at the rear of a lot) and exterior ATMs.
offices, including general offices, professional offices and real
estate offices.
antique shop
apparel shop
art/music center
art gallery
bakery
barber shop
beauty shop
bicycle shop
billiard parlor
book store
brewery or brew-pub
business/commercial school
business/electronic machine sales
camera shop
candy/ice cream shop with or without outdoor seating
carpet/rug store
catering establishment
china/glassware shop
church, temple, place of worship
clinic or medical center
private club or lodge
coin/philatelic store
college or university
contractor shop, specialized
convenience store
craft/hobby shop
day nursery
delicatessen
dressmaking shop
drug store
dry-cleaning establishment
duplicating/blueprinting business
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(ii)
(jj)
(kk)
(n)
(mm)
(nn)
(oo)
(Pp)
(qq)
(rr)
(ss)
(tt)
(uu)
(w)
(ww)
(xx)
(Yy)
(zz)
(aaa)
(bbb)
(ccc)
(ddd)
(eee)
(fro
(ggg)
(hhh)
(iii)
(j j j)
(kkk)
(in)
(mmm)
(nnn)
(ooo)
(ppp)
(qqq)
(rrr)
(sss)
(ttt)
(uuu)
(vvv)
(www)
(xxx)
(yyy)
dwelling, multiple family
electrical appliance shop
flower shop
furniture store
furrier shop
garden shop
girl shop
grocery store
haberdashery
hardware store
health studio
home occupation
indoor theater
insurance office
interior decorating shop
jewelry store
job priming shop
kindergarten
lake/pond artificial
leather/luggage shop
license bureau
locksmith/key shop
meat market
medical offices
meeting/party hall
newsdealer
nursing/retirement/convalescent home
office supply store
optician/optical supply
orthopaedic/medical appliance sales
paint/wallpaper store
pet shop
photographic studio
photo pick-up station
picture framing shop
post office or postal station
radio/television sales shop
real estate office
recording studio
record shop
recreational facility
religious/charitable institution
rental agency without outdoor storage
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(ZZZ)
(aaaa)
(bbbb)
(cccc)
(ddad)
(eeee)
(ffff)
(gggg)
(hhhh)
(~)
(jjjj)
(mmmm)
(nnnn)
(oooo)
restaurant with or without drive-through or outdoor seating
schools of the following types: art, dance, gynmastics, culinary,
preschool, tutoring for students if furtherance of academic
achievement
second-hand store
shoe repair shop
shoe store ..
show room
sign shop
sporting goods store
stationer
tailor and pressing shop
tavern/night club
tobacco shop
toy store
travel service bureau
upholstery/drapery store
utility company business office
5.1.5 Hotels or inns.
5.2 Secondary Area, Apartment Block C. The following uses are permitted in the
Secondary Area and Apartment Block C:
5.2.1 Apartments
5.2.2
Attached Dwellings
5.2.3 Accessory Uses.
5.2.4
Recreational developments or facilities, including clubhouses, parks, pools,
ballfields, ball courts, playgrounds and other recreational spaces, and
recreational buildings.
5.3 Secondary Area, Apartment Blocks A and B. The following uses are permitted in the
Secondary Area of Apartment Blocks A and B:
Those uses permitted in Section 5.1.1, 5.1.2, 5.1.3, 5.1.4 and 5.1.5.
5.4 Prohibited Uses. The following uses are prohibited in the District:
5.4.1 Gasoline Stations
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5.4.2
5.4.3
5.4.4
5.4.5
5.4.6
5.4.7
5.4.8
5.4.9
5.4.10
5.4.11
Automobile, Truck, Boat, Mobile Home, Manufactured Housing or RV Sales
or Repair
Lumber and Brick Yard
Shooting Range or Gallery
Sexually Oriented Businesses
Disposal of Radioactive Materials
Sanitary Landfill
Grain Elevator
Junk or Salvage Yard
Penal or Correctional Institution
In-residence Drug Rehabilitation
Section 6. Permitted Accessory Uses.
The following Accessory Uses are permitted in the District, subject to the applicable
Development Standards and obtaining all required permits:
6.1
conditions:
In the Primary and Secondary Areas, Accessory Uses, subject to the following
6.1.1 A swimming pool shall comply with the requirements of Section 5.0(d)(2) of
the Zoning Ordinance.
6.1.2 A tennis court shall comply with the requirements of Section 5.0(d)(3) of the
Zoning Ordinance.
6.1.3
Except for lighting or illumination caused or created by street lights, lighting
in a commercial area shall not cause illumination at or beyond any lot line in
excess of 0.5 footcandles of light at the property line or 0.1 footcandles along
the northem boundary of the District when the immediately abutting property
to the north is used for residential purposes. The 0.1 footcandles limit shall
not apply if a public right-of-way separates the residential use from the
boundary of the District.
6.1.4
No private radio or television reception or transmitting tower or antenna shall
be located within 10 feet of a power transmission line. Satellite receiving
antennas shall comply with the requirements of Section 25.0(1) of the Zoning
Ordinance.
Section 7. SecondaryArea/Residential Development.
7.1 Except as provided in Section 7.3, the Gross Residential Density shall not exceed
eighteen (18) Dwellings per acre without the approval of the Commission.
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7.2 Each Apartment in a Mixed Use structure or an Apartment House shall be a minimum
of 600 square feet in gross floor area.
7.3 Notwithstanding anything in Section 7.1 to the contrary, the Gross Residential
Density may be increased by a maximum of ten percent (10%) provided all dwellings in excess of
eighteen (18) units per acre are placed on the market for sale to the public pursuant to Indiana's
Horizontal Property Regime Act.
7.4 Attached Dwellings, Apartment Houses or Mixed Use buildings constructed, built
or reconstructed in the District shall comply with the following, which shall also be considered part
of the Design Vocabulary:
7.4.1
All sides or elevations of each such building shall consists of an average of
not less than seventy percent (70%) masonry, except for gables and recessed
areas; provided, however, that soffits, window wrap and exterior trim may be
aluminum. The remaining thirty percent (30%) shall be wood, Hardi plank,
Dryvit or their equivalent.
7.4.2
All structures constructed, built or reconstructed in the Secondary Area shall
comply with the Design Vocabulary for the Secondary Area, and the
renderings.
Section 8. Primary Area.
8.1 Buildings in the Primary Area shall be designed in conformance with the Design
Vocabulary, which shall include the following criteria: .
8.1.1
All sides or elevations of each such building shall consists of an average of
not less than seventy percent (70%) masonry, except for gables and recessed
areas; provided, however, that soffits, window wrap and exterior trim may be
aluminum. The remaining thirty percent (30%) shall be wood, Hardi plank,
Dryvit or their equivalent.
8.2 Commercial uses may be mixed and integrated with Dwellings and civic uses within
the Primary Area and Providence Boulevard.
8.3 Commercial uses in the Providence Boulevard area may be contained in multi-story,
mixed-use structures with commercial/retail uses on the ground level and Apartments or offices on
the upper levels. In a three-story building, the second floor may contain either Apartments or
commercial uses and the third floor may contain either Apartments or offices. In any mixed-use
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structure, Apartments may be permitted in the commercially designated space, notwithstanding
anything to the contrary herein.
8.4 Restaurants shall be permitted to operate outdoor cafes on Sidewalks and in
courtyards, provided that pedestrian circulation and access to store entrances are not materially
impaired.
8.5 Notwithstanding anything in Section 13.8 to the contrary, retail establishments shall
be permitted to have Sidewalk Displays. The area of such Sidewalk Displays shall not exceed one-
half (1/2) of the storefront and the greater of three (3) feet or one-third (1/3) of the depth of the
sidewalk for each retail establishment.
8.6 All structures constructed, built or reconstructed in the Primary Area shall comply
with the Design Vocabulary for the Primary Area.
8.7 Unless such structure is depicted on a Final Development Plan, approval of the
architectural design, landscaping, parking, signage, lighting and access to the structure (ADLS) shall
be necessary prior to the (i) establishment of any commercial structure; (ii) issuance of any
Improvement Location Permit for a commercial structure; (iii) erection, reconstruction or eXtemal
architectural alteration of any commercial structure in the District; or (iv) the changing of any site
improvements pertaining to a commercial structure. In considering an application therefore, the
Commission or any applicable authorized committee shall, in accordance with the Commission's
Rule of Procedure, determine whether the proposed structure substantially complies with the
Development Requirements and Design Vocabulary. If the Commission or any applicable
authorized committee determines that it so complies, it shall approve the application within said time
period for ADLS approval. If the Commission or any applicable authorized committee denies the
application for ADLS approval, it shall specifically detail in writing within said time period the basis
for its belief that the proposed use or structure does not comply with the Development Requirements
and Design Vocabulary. An applicant who has been denied may immediately apply for ADLS
approval of a new plan for the structure. However, any decision of a committee which approves or
denies any request may be appealed by the Director or any interested party (including the Developer)
to the Commission, in accordance with the Cornmission's Rules of Procedure.
Section 9. Streets.
9.1 Subject to the last sentence of this Section 9.1, the Street layout and type (including
fights-of-way and curbing) within the District shall be as indicated on the Development. Plan,
adapted as appropriate to the topography and unique natural features of the site. Streets shown on
the Development Plan may be eliminated or relocated to consolidate blocks for development as long
as there is no materially adverse impact on the flow of traffic within the District.
9.2 The Development incorporates Streets which conform to the following standards:
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STREET WIDTHS BASED ON ANGLE OF PARKING
Traffic Flow Parallel or No Parking 45 Del~ree 90 Del~ree
One Way Traffic 13 13 NA
Two Way Traffic 20 NA 24
9.3 The minimum Street grade shall be 0.50 percent and the maximum Street grade shall
be seven percent.
9.4 All Streets within the District shall be private. The Streets identified as NorthPark
Avenue, Providence Boulevard and Georgetown Lane on the Development Plan shall remain open
to the general public. No signs which prohibit or discourage access by the public or other
impediments to the use of such Streets by the public shall be constructed, erected or installed. Such
Street shall be maintained in a manner consistent with public streets in the surrounding area.
Section 10. Open Space.
10.1 Not less than 25% of the land in the District shall be allocated to Open Space. Open
Space shall be restricted as depicted on the Final Development Plan to prohibit future development.
Open Space may be used for social, recreational, environmental preservation purposes and/or
otherwise as uses integral to the quiet enjoyment of the community. The uses authorized must be
appropriate to the character of the Open Space, including its topography, size, and vegetation.
10.2 Open Space in the District shall generally be of the size and configuration and in the
locations depicted on the Development Plan.
10.3 The Developer may make improvements such as the cutting of trails for walking or
jogging, the provision of picnic areas, removal of dead or diseased trees, thinning of trees or other
vegetation to encourage more desirable growth, and grading and seeding in areas otherwi'Se .left
generally in a natural state.
10.4 Open Space may be used for public and semi-public recreation, social and educational
purposes.
10.5 Recreational buildings, and improvements (for example, street fumiture, picnic
structures, playground equipment and gazebos) may be constructed in the Open Space.
10.6 Maintenance of all Open Space shall be the responsibility of the Owner, unless such
duty is delegated pursuant to a Declaration.
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Section 11. Recreational Space.
11.1 Paths and trails shall constitute Recreational Space and may be dedicated as installed
upon request of the City of Carmel, Indiana or its applicable agency or department. Not less than
10% of the land in the District shall be allocated to Recreational Space.
11.2 Recreational Space shall be distributed throughout the District as depicted on the
Development Plan.
11.3 Paths and their Buffer yards shall constitute Recreational Space.
11.4 A private recreational development or facility shall constitute Recreational Space if
the use thereof is generally available to residents of the District upon payment of a membership or
use fee.
11.5 Recreational Space shall include ball fields and ball courts, pools and pool deck, and
other Recreational Facilities, whether or not enclosed in buildings.
Section 12. Sidewalks and Paths.
12.1 Sidewalks shall be provided on both sides of all Streets with parallel or 45° parking
in the District, unless otherwise shown on the Development Plan and except that if an Open Space
abuts a Street, a Path in such Open Space may be substituted for a Sidewalk. The pedestrian
circulation system may include gathering/sitting areas and provide benches, landscaping, and other
Street fumiture where appropriate.
12.2 Sidewalks which abut predominately residential buildings shall be a minimum of five
(5) feet in width. Sidewalks which abut commercial structures shall be a minimum of six (6) feet in
width. Sidewalks abutting commercial uses along Providence Boulevard shall be a minimum of
eight (8) feet in width and may be accented by brick, slate, colored/textured concrete pavers,
concrete, concrete containing accents of brick, or some combination thereof or reasonable
altematives thereto that are compatible with the style, materials, colors, and details of the
surrounding buildings. The ~mctional, visual, and tactile properties of the paving materials shall be
appropriate to the proposed functions of pedestrian circulation. The paving materials used for
sidewalks shall be noted on the Final Development Plan(s).
12.3 Paths shall be provided, where feasible, to link Open Space areas. Paths shall be a
minimum of six feet wide and be surfaced, paved or improved in the locational context of the Path
with approved materials.
12.4 Bike racks shall be provided in the Providence Boulevard area and in community
areas located elsewhere in the Development.
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12.5 Nothing contained in this Ordinance shall be construed as granting a right to place
Street Fumiture or any other decorations, improvements or equipment in the right-of-way of a
publically dedicated road or Street.
Section 13. Area and Bulk Rel~ulations.
13.1 Apartment Houses in Secondary Area.
13.1.1 Yard dimensions
Build-to line: Up to sidewalk or as otherwise specified on the Development
Plan
Side yard (each side): as per Development Plan
Rear yard: as per Development Plan
13.1.2 Maximum building height: 55 feet
13.1.3 Minimum Apartment size: 600 square feet
13.2 Mixed-Use Buildings in Providence Boulevard Area.
13.2.1 Yard dimensions
Build-to line: Commercial/retail: 0 feet
Mixed-use, retail/office: 4 feet
Mixed-use, retail/residential: 4 feet
Side yard (each side): as per Development Plan
Rear yard: as per Development Plan
13.2.2 Maximum building height: 55 feet
13.2.3 All off-street parking must be in rear yards, screened side yards or in
common Parking Lots complying with Section 14.
13.3 Commercial Uses in Primary Area
Ordinance.
Refer to the portion of the Design Vocabulary attached as Exhibit C to this
13.4 Threshold elements may encroach into a front or side yard and shall not count against
lot coverage limitations. In addition, architectural features such as cornices, eaves, bays, sills, belt
courses, awnings, stoops, stairs, balconies, chimneys, gutters and fire escapes may encroach into an
established or required yard up to the greater of three (3) feet or as permitted by the Carmel Clay
Zoning Ordinance.
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13.5 Accessory Uses such as public utility installations, private walks, driveways, Parking
Lots, retaining walls, mail boxes, nameplates, lighting fixtures, patios at grade, birdbaths and
structures of a like nature are permitted in any required front, side or rear yard or the right-of-way
of a private Street in the District; provided such Accessory Use does not cause a traffic hazard.
13.6 Except for the fence required along the boundary of Odom Woods, which fence shall
be six (6) feet tall, fences and walls shall not less than thirty-six (36) inches tall or more than forty-
two (42) inches tall. Fences and walls may be located in any yard and shall be of a type and style
required by the Design Vocabulary. Notwithstanding anything in the Ordinance to the contrary, the
omamental monogram incorporated into any fence erected in the District, as shown in the Design
Vocabulary, shall not be considered signage.
13.7 Signs may be located in an established front setback or a side yard abutting a Street
as permitted by Section 16.
13.8 Except as provided in Section 8.5 or otherwise in this Ordinance, no outdoor storage
of goods and materials or refuse containers shall be located in any established setback or established
yard abutting a Street, nor in any required Buffer or screen, except for the temporary placement of
refuse for scheduled curbside collection.
13.9 Notwithstanding anything in this Section 13 to the contrary and provided that a public
road is not built along the northern boundary of the District, a fiRy (50) foot buffer yard between
Odom Woods, the approximately ten (10) acre natural area owned by the Carmel Clay School
Corporation as of the date hereof and located noah of and adjacent to the District, shall be
maintained, except as specifically shown on the Development Plan. In addition, a metal fence as
shown in the Design Vocabulary shall be constructed along the boundary of the District and Odom
Woods concurrently with initial construction in the District. If such a road is constructed, this
Section 13.9 shall be void. Within ninety (90) days of the date of this Ordinance, but in any event
prior to the issuance of an Improvement Location Permit for construction in the District, the Owner
of 100% of the real estate in the District shall execute and cause to be recorded in the office of the
Recorder of Hamilton County, Indiana the Zoning Commitment attached hereto as Exhibit F (the
"Zoning Commitment"). Prior to dedication pursuant to the Zoning Commitment the real estate
which will be dedicated may be used by a Developer pursuant to this Ordinance at its own risk.
13.10 Terraces which do not extend above the level of ground (first) floor may project into
a required yard, provided these projections are located at least two feet from the adjacent side lot
line.
Section 14. Parking.
14.1 Off-street and on-street parking shall be provided on site or in common Parking Lots
according to minimum requirements as specified below:
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Use
Apartment House
Retail
Office uses
Clubhouse/Recreation
Buildings
Congregate Housing
Hotel/Motel
Other Permitted Uses
Required Parking
One and one-half ( 1.5) spaces per Apartment. In addition,
an area suitable for the construction of the number of
parking spaces equal to 0.22 space per Apartment shall be
reserved or "land banked" for future parking if the
Developer determines it is needed.
One space for the first 1,000 square feet and one space
for each additional 750 square feet
One space for each 500 square feet of gross floor area
One space per 500 square feet of gross floor area
One space per employee and one space per 10
senior citizens
One space per bedroom or suite
As specified in the Zoning Ordinance
14.2 Off-street parking for commercial uses shall be sufficient to provide parking for the
employees of all proposed uses as well as long-term customer parking. Spaces reserved for
employees may be designated by means of striping and signage. Off-street Parking Lots may be
interconnected with Parking Lots on adjacent properties. Cross-access easements for adjacent lots
with interconnected Parking Lots shall be provided. Common shared parking facilities are
encouraged, where feasible.
14.3 Off-street parking may be accommodated on lots utilized exclusively for such
purpose, including common Parking Lots. Such lots shall be landscaped, buffered and screened as
required by Section 14 of this Ordinance.
14.4 Parking Lots shall be designed to conform to the following standards:
14.4.1 Parking space dimensions (other than those designed for the disabled) shall
be a minimum of 18 feet long and nine feet wide. Parking spaces shall be
dimensioned in relation to curbs or aisles so long as their configuration, area
and dimensions satisfy the requirements of this section.
14.4.2 Parallel parking space dimensions shall be a minimum of 20 feet in length by
eight feet wide.
14.4.3 Parking for the disabled shall be provided in compliance with applicable law.
14.4.4 Parking Lots shall be paved with asphalt, concrete or other acceptable
material.
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14.4.5 For Small Parking Lots, landscaping shall be required at the perimeter. For
Large Parking Lots, landscaping shall be at the perimeter and landscaping
medians shall be placed to break the lot into parking modules of no more than
35 spaces ....
14.4.6 All Parking Lots shall be curbed, unless proper drainage or tree preservation
requires otherwise.
14.5 Perimeter landscaping of parking Lots not located in common space, adjacent to Old
Meridian Street or in the Primary Area shall conform to the following standards:
14.5.1
Screening shall be provided by installing along the perimeter of the Parking
Lot (i) evergreen shrubs with a maximum separation of six feet on center, a
minimum height of twenty-four (24) inches at installation and an expected
height at maturity of at least forty-eight (48) inches, (ii) a metal fence
pursuant to the Design Vocabulary, (iii) a masonry wall three to six feet in
height, or (iv) other visually impervious landscape screening acceptable to
the Department. This screen may be penetrated for access between Parking
Lots or to an adjoining Street or alley but no single such penetration shall
exceed the width of the Sidewalk or driveway, as applicable.
14.5.2
For Parking Lots which abut the right-of-way of Old Meridian, a metal fence
a minimum of three feet in height shall be installed along the right-of-way
frontage. The fence may be interrupted by a Sidewalk entry not exceeding
eight feet in width, an access drive with a width not exceeding 20 feet or
permitted signage.
14.5.3 In addition to screening, Large Maturing Trees shall be planted around the
perimeter of the Parking Lot in a planting strip not less than six feet wide.
14.5.4 Existing vegetation which meets in whole or in part the purposes of perimeter
landscaping may be applied toward such landscaping requirement.
14.6 Except as otherwise shown on the Landscape Plan, interior landscaping of Large
Parking Lots not located in common space, adjacent to Old Meridian or on an Apartment or
commercial block shall consist of Large Maturing Trees placed such that each section of parking (up
to 36 spaces per section) is enclosed by trees (or building wall), with maximum spacing of 50 feet
on center. Tree planting areas within Parking Lots shall be at least 6' wide. Such interior tree
planting areas need not be contiguous.
14.7 Fences shall be constructed to be compatible with the architectural style and detail
of adjacent buildings, as shown on the Design Vocabulary. *'
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14.8 Lighting for Parking Lots shall comply with the requirements of Section 18.
14.9 Landscaping for Parking Lots located in common space shall be compatible with the
natural vegetation and topography of such space.
14.10 Landscaping for Parking Lots adjacent to Old Meridian and on the Apartment and
commercial blocks shall conform with the Landscape Plan.
Section 15. Loadinl~ and Service Areas.
15.1 Loading docks, solid waste facilities, recycling facilities, and other service areas shall
be placed to the rear or side of buildings.
15.2 Screening and landscaping shall prevent direct views of the loading areas and their
driveways from adjacent properties or from the public right-of-way. Screening and buffering shall
be achieved through walls, fences, and/or landscaping, and shall be a minimum of five feet tall, and
shall be visually impervious. Recesses in the building, or depressed access ramps may be used.
Section 16. Siens. All signs located within the District shall comply with the Design
Vocabulary for signage attached as Exhibit D and the following sign regulations and the signage
information and drawings submitted to the Department:
16.1 Exempt signs: All signs designated as exempt in Section 25.7.01-3 of the Sign
Ordinance.
16.2 Prohibited signs:
16.2.1
16.2.2
16.2.3
16.2.4
16.2.5
Signs that extend above the highest point of a roof line.
Billboards.
Signs painted or mounted upon the exterior side or rear walls of any principal
or Accessory Building or Structure, except as otherwise permitted hereunder.
Signs prohibited by Section 25.7.01-4 of the Sign Ordinance except as
otherwise permitted hereunder. -..
Signs which contain blinking, pulsing, moving or neon lighting.
16.3 Traffic control and Street name signs will be of an omamental design similar to lamp
posts used within the development, as shown on the drawings submitted to the Department.
16.4 Permitted Providence District Signs:
16.4.1 Providence Announcement Monument as designated on the Development
Plan.
(a) Maximum sign area shall be 48 square feet per sign.
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(b)
(c)
(d)
(e)
Maximum sign height shall be six (6) feet
Sign setback shall be five feet
The sign may be illuminated with focused lighting which minimizes
light spillage.
The area surrounding the sign shall be appropriately landscaped.
The sign copy shall read: Welcome to the Old Meridian Corridor,
Carmel, Indiana, or such other copy as is mutually acceptable to the
Developer and the Old Meridian Task Force established by the City
o f Carmel.
16.4.2 Providence Entrance Monuments as designated on the Development Plan.
(a) Main entrance signs will be limited to identification for the entire
development. They will be designed as monuments, using colors and
materials that complement or even repeat the District' s architecture.
(b) Maximum sign area shall be 48 square feet per sign at the entrance
located at Providence Boulevard and 32 square feet per sign at the
entrance located at NorthPark Avenue..
(c) Maximum sign height shall be six (6) feet.
(d) Sign setback shall be five (5) feet.
(e) Signs may be illuminated with extemal spot fixtures which focus the
lighting to minimize light spillage.
(f) The area surrounding the signs shall be appropriately landscaped in
accordance with the requirements of this Ordinance.
16.4.3 Providence Phase Entry Monuments as designated on the Development Plan. (a) Phase identification signs shall be designed as monuments in a
fashion similar to the main entrance signs, again using colors and
materials that complement or even repeat the architecture of the
District. Such monuments may be either single or double-faced.
(b) Maximum sign area for signs designating the multi-family phase
entry shall be 48 square feet per sign.
(c) Maximum sign height shall be six (6) feet.
(d) Sign setback shall be five (5) feet.
(e) Signs may be placed within a median.
(f) The signs may be extemally illuminated with focused lighting to
minimize light spillage and such illumination shall not create a traffic
hazard for vehicular traffic.
(g) The area surrounding the signs shall be appropriately landscaped.
(h) Two sets of Multi-Tenant identification signs for commercial uses are
permitted, one on Providence Boulevard and one on NorthPark
Avenue, and shall be designed using colors and materials that
complement or even repeat the architecture of the District. Such
monuments may be either single or double-faced and are intended to
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meet the ground signage needs of tenants within the Primary area and
Apartment Blocks A and B of the Secondary area.
(i) Maximum sign area shall be 48 square feet per sign.
(ii) Maximum sign height shall be six (6) feet.
(iii) Sign setback shall be five feet.
(iv) Signs may be placed within a median.
(v) Signs may be intemally illuminated; provided such lighting
does not blink, flash, or intentionally vary in its intensity
during the night. Signs may be extemally illuminated with
focused lighting designed to minimize light spillage.
(vi) Changeable copy is permitted; provided an opaque
background is utilized.
(vii) The area surrounding the signs shall be appropriately
landscaped.
16.4.4 Providence Wall Mounted Directory Signs. -' (a) Directory signs are intended to identify the occupants of a
commercial or mixed-use building including upper story business
uses, provided the following standards are met:
(b) Signs shall project outward from the wall to which it is attached no
more than six inches.
(c) Signs shall not extend above the parapet, eave, or building facade.
(d) Sign area shall not exceed five square feet per tenant per sign.
(e) Changeable Copy is permitted; provided an opaque background is
utilized.
(f) Signs may be intemally or externally illuminated.
(g) The height of the lettering, numbers, or graphics shall not exceed
twelve inches.
16.5 Permitted Business Signs for the Primary Areas as well as Apartment Blocks A and
B. Businesses are permitted two business signs per tenant frontage on a public or private Street from
the following list:
16.5.1 Wall-mounted signs, provided the following standards are met:
(a) Signs shall be affixed to the front facade of the building, and shall
project outward from the wall to which it is attached no more than six
inches.
(b) The sign area shall not exceed two square feet of sign for every one
linear foot of frontage, or fifty square feet, whichever is less.
(c)The height of the lettering shall not exceed twelve inches.
(d) Limited to one sign per business establishment on each building
facade fronting a Street.
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16.5.2 Applied letters may substitute for wall-mounted signs, if constructed of
painted wood, painted cast metal, bronze, brass, or black anodized aluminum.
Applied plastic letters shall not be permitted. The height of applied letters
shall not exceed twelve inches.
16.5.3
Projecting signs, including logo signs mounted perpendicular to the building
wall, provided the following standards are met: -..
(a) The sign area shall not exceed twelve square feet per sign unless a
comer sign which shall not exceed twenty square feet.
(b) The distance from the ground to the lower edge of the projecting sign
shall be eight feet or greater.
(c) The height of the top edge of the projecting sign shall not exceed (i)
the height of the wall from which the sign projects, if attached to a
single story building, (ii) the height of the sill or bottom of any
second story window, if attached to a multi-story building and not a
comer sign.
(d) The distance from the building wall to the projecting sign shall not
exceed 12 inches.
(e) The width of the projecting sign shall not exceed five feet.
(f) The height of the lettering shall not exceed twelve inches.
(g) Limited to one sign for each ground floor business establishment.
16.5.4
Painted window or door signs, both intemal and extemal, provided that the
sign shall not exceed 30 percent of the window or door area. Any display
with twenty~four (24) inches of a window or transparent door shall be
considered a sign subject to this Ordinance. ~
16.5.5
Awning signs for ground floor uses only, provided that the following
standards are met:
(a) If acting as the main business sign, the sign area shall not exceed
thirty square feet per sign.
(b) Limited to two such signs for each ground floor business
establishment, on either awning or valance, but not on both.
(c) Awnings shall not be backlit.
16.5.6
Lawn signs, installed on a pole in a lawn, provided the following standards
are met:
(a)
(b)
(c)
(d)
The sign is located in a lawn adjacent to the entrance to the building.
The sign area shall not exceed six (6) square feet per sign.
The distance from the ground to the lower edge of the lawn sign shall
be three feet or greater.
The height of the top edge of the lawn sign shall not exceed the
height of the sill or bottom of any window.
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(e)
(0
(g)
The width of the lawn sign shall not exceed two feet.
The height of the lettering shall not exceed twelve inches.
Limited to one lawn sign for each ground floor business
establishment.
16.6 Other Business Signs Permitted
16.6.1 Business establishments located in comer buildings are permitted signs for
each Street frontage as if each frontage were a separate business
establishment.
16.6.2 Businesses with service entrances may identify these with one sign not
exceeding six square feet.
16.6.3 In addition to other signage, restaurants and cafes shall be permitted the
following, limited to one sign per business establishment:
(a) A wall-mounted display featuring the actual menu as used-at the
dining table, to be contained within a shallow wood or metal case,
and clearly visible through a glass front. The display case shall be
attached to the building wall, next to the main entrance, at a height of
approximately five feet, shall not exceed a total area of six (6) square
feet and may be intemally or extemally illuminated.
(b) A sandwich board sign, as follows:
(i)
(ii)
(iii)
(iv)
(V)
The sign area shall not exceed eight (8) square feet.
The sign shall be constructed of wood, chalkboard, and/or
finished metal.
Letters can be painted or handwritten.
The sign shall be located within four feet of the main entrance
to the business and its location shall not interfere with
pedestrian or vehicular circulation.
The sign shall be removed at the end of the business day.
16.6.4 If historically appropriate to the type of business conducted, i.e. a barber pole
for a barber shop or a window fixture for a restaurant or antique store, a retail
business may display an illuminated window sign in addition to other
permitted signs provided the sign area does not exceed six square feet.
16.7 Other Permitted Residential Signs for the Secondary Area, including Apartment
Blocks A and B:
16.7.1 Residential identification signs are permitted to identify commtmity facilities,
amenities, building numbers, and addresses and shall comply with the
following:
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16.8
(a)
(c)
Signs shall be ground or wall mounted.
Sign area shall not exceed 24 square feet per sign.
Maximum sign height shall be four feet.
Permitted Other Signs:
16.8.1 Signs permitted under Sections 25.7.01-3 (Exempted Signs), 25.7.02-5
(Institutional Uses), 25.7.03-4 (Political Campaign Signs), 25.7.03-6
(Temporary Uses) and 25.7.04 (Permitted Banners) of the Sign Ordinance.
16.8.2 Directional signs not to exceed six (6) square feet no more than eight (8) feet
above grade.
16.8.3
One temporary construction/marketing sign for each Street frontage of a
building upon which construction (other than construction of a detached
dwelling) is in progress, provided the following standards are met:
(a) The maximum sign area shall be 48 square feet per sign for multi~
family residential uses or 32 square feet per sign for commercial uses.
(b) The maximum height of each sign shall be sixteen feet.
(c) Signs may not be illuminated.
(d) Signs shall be removed within seven (7) days after the last certificate
of occupancy for an approved Final Development Plan is issued.
(e) Sign copy shall be limited to identification icons, marketing
information and identification of the building, user, architects,
engineers, contractors, lenders, and other persons involved with the
construction including their phone numbers.
16.8.4 Real estate sales and leasing signs, provided the following standards are met: (a) The maximum sign area shall be 20 square feet per sign.
(b) The maximum height of the sign shall be eight feet.
(c) Limited to one sign for each Street frontage of the lot, with no more
than two sign faces per sign.
(d) Sign may not be illuminated.
(e) Sign copy shall be limited to announcement of the sale, rental or lease
of the premises and shall contain no advertising or promotional
material other than to indicate the party listing the property for sale
or lease.
16.8.5 Signs approved by the Commission are permitted in the District in addition
to the signs specifically authorized in this Ordinance.
16.8.6 All other signs as required by code. (i.e. handicap markers)
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16.8.7 Street signs
16.9 Design Standards for Signs:
16.9.1 Signs affixed to the exterior of a building shall be architecturally compatible
with the style, composition, materials, colors, and details of the building, as
well as with other signs used on the building.
16.9.2 Sign colors should be compatible with the colors of the building facade.
16.9.3 Signs shall not interfere with vision clearance.
16.9.4 Old Meridian typeset may be included in the sign copy for multi-tenant signs.
16.10 Address Identification:
16.10.1
The assigned identification of a building shall be displayed in such a
manner so that the numerals can readily be seen from the Street.
Identification shall be displayed on the building, on or near the main
entrance door, or displayed on a mailbox near the Street in such a
manner as they identify its corresponding building.
16.10.2
Any dwelling or commercial building that abuts secondary access that
could be used by motor vehicles must not only display the address
identification on the front, but shall also display its address
identification visible from the alternate access to the property.
16.10.3
When numerals representing address identification are removed or
become illegible, such numerals shall be renewed or replaced by the
owner or occupant of the building.
16.11 Sign maintenance: All signs and sign structures shall be kept and maintained in good
repair and in a safe condition.
16.12 Permit Procedures: Section 25.7.07 of the Sign Ordinance shall apply to signs in the
District.
16.13 Signs may be placed in the right-of-way of private Streets located in the District;
provided such signs do not create a traffic hazard for vehicular traffic.
16.14 No sign shall be established or erected within the District unless (i) the sign
information contained in Section 16.14.1 below is part of an approved Final Development Plan, or
(ii) a sign permit is obtained from the Director pursuant to the following provisions:
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16.14.1
(a)
(b)
(C)
(e)
16.14.2
16.14.3
16.14.4
16.14.5
16.14.6
An application for a sign permit shall be made to the Director upon
a form provided by the Director, and shall be accompanied by the
following sign information:
The name and address of the owner of the sign.
The name, address and consent of the owner (fee owner) of the
premises where the sign is to be located.
Name and address of person leasing the premises (if applicable).
Clear and legible drawings with description showing locationof the
sign which is the subject of the permit and all other existing signs
whose construction requires remits, when such signs are on the same
premises.
Drawings showing the dimensions, construction supports, sizes,
electrical wiring and components, materials, and design of the sign
and method of attachment. Unless provided otherwise herein, the
design, quality, materials and loading shall conform to the
requirements of the Building Official' s and Administrative Code, as
amended.
A permit shall not be required for a change of copy of a sign, or the
repairing, repainting, cleaning or maintenance of a sign or sign
structure for which a permit has previously been issued, so long as the
sign or sign structure is not modified in any way to violate the
standards or provisions of this Ordinance.
A sign permit issued by the Administrator shall become null and void
if the sign is not established within six (6) months of the issuance of
such permit. "
Upon completion of a sign, the person establishing the sign shall
notify the Administrator, and shall submit a color photograph of the
established sign to the Administrator.
An appeal may be taken to the Cannel Clay Board of Zoning Appeals
from a decision of the Administrator under this Section 16 or the
failure of the Administrator to act on a request within thirty (30) days
of such a request.
Permit fees shall be as stated in the Carmel Clay Zoning Ordinance.
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Section 17. Landscapinl5
17.1 Landscaping shall be required in accordance with the Landscape Plan. All areas of
a site not occupied by buildings, Parking Lots, other improvements or paving shall be planted with
trees, shrubs, hedges, ground covers, and/or grasses, unless such area consists of attractive existing
vegetation to be retained, as depicted on the Landscape Plan, is planned to be under construction,
or with respect to commercial structures, as approved by the Commission pursuant to Section 13.3
of this Ordinance. Perennials and annuals are encouraged.
17.2 Landscaping shall be integrated with other functional and ornamental site design
elements, where appropriate, such as Recreational Facilities, ground paving materials, Paths and
walkways, fountains or other water features, trellises, pergolas, gazebos, fences, walls, Street
fumiture, art, and sculpture.
17.3 Plant suitability, maintenance, and compatibility with site and construction features
are critical factors which should be considered. Plantings should be designed with repetition,
structured pattems, and complimentary textures and colors, and should reinforce the overall character
of the area.
17.4 All stumps and other tree parts, litter, brush, weeds, excess or scrap building
materials, or other debris shall be removed from the Development and disposed of in accordance
with applicable law. If trees and limbs are reduced to chips, they may be used as mulch in
landscaped areas. Areas which are to remain as undeveloped Open Space shall be cleaned of all
debris and shall remain in their natural state.
17.5 Specimen Trees not within a right-of-way, drive or 20 feet of the building footprint
after grading shall be protected and preserved. No material or temporary soil deposits shall be
placed within four feet of shrubs or within two feet of the drip line of trees designated to be retained.
Protective barriers or tree wells shall be installed around each plant and/or group of plants at the drip
line that are to be retained. Barriers shall not be supported by the plants they are protecting, but shall
be self-supporting. Barriers, such as snow fences, shall be a minimum of four feet high and
constructed of a durable material that will last until construction is completed.
17.6 Landscaping of the area of all cuts, fills, and/or terraces shall be sufficient to prevent
erosion, and all roadway slopes steeper that one foot vertically to three horizontally shall be planted
with ground covers appropriate for the purpose, soil conditions, water availability, and environment.
17.7 Deciduous trees planted to satisfy the landscaping requirements of this Ordinance
shall have at least a two and one-half-inch Caliper and seven foot height at the time of planting
unless otherwise specified herein or otherwise indicated on the Landscape Plan. Evergreen trees
shall be a minimum of three to four feet high at the time of planting. Shrubs shall be two feet in
height at the time of planting. All trees, shrubs, and ground covers shall be planted according to
accepted horticultural standards. Landscaping materials shall be appropriate to local growing and
-31 -
climatic condition. Plant material shall be nursery grown stock conforming to ANSI Z60.1
(American Standard for Nursery Stock). No Street trees in common areas along the Providence
Boulevard shall be topped, tipped, or deformed; provided, however, that the foregoing shall not
restrict trimming such as that required by the Cannel Street Tree Regulations or trimming that may
be done in the common areas for aesthetic reasons.
17.8 Within one year from the time of planting, all dead or dying plants in tree lawns or
Open Space, installed new, transplanted, or designated as existing trees to be retained on the
Landscape Plan shall be replaced by the Developer or the parcel owner. Trees or other vegetation
in tree lawns or Open Space which die after the first year shall be replaced by the Owners
Association or the parcel owner as the case may be.
17.9 Tree spacing, unless otherwise provided in this Ordinance, shall be determined by
species type. In association with a landscape plan, whichever is less restrictive, Large Maturing
Trees shall be planted a minimum of 50 feet and a maximum of 100 feet on center. Small Maturing
Trees shall be planted a minimum of 20 feet and a maximum of 60 feet on center.
17.10 Large Maturing Trees shall generally be planted along residential Streets and along
the Street frontages and perimeter of community area and Parking Lots.
17.11 Refuse and recycling areas, and other utility areas in the Development shall be
screened around their perimeter by wood enclosures or by brick walls, with a minimum height of
six feet, and shall extend on three sides of such an area, with a gate or door on the fourth side. A
landscaped planting strip a minimum of three feet wide shall be located on three sides of such a
facility. Planting material shall be separated from the Parking Lots by appropriate curbing, but shall
have ramp access to such facility for vehicles and carts. A mixture of hardy flowering and/or
decorative evergreen and deciduous trees may be planted; the area between trees shall be planted
with shrubs or ground cover or covered with mulch, decorative stone or other suitable materials.
Section 18. Lighting.
18.1 Street lights shall be decorative and consistent with the Design Vocabulary.
18.2 In all areas of the District, decorative lamp posts shall be provided at regular intervals
pursuant to the approved Final Development Plan. Except as otherwise provided in 18.3, lamp posts
shall not exceed 18 feet in height and shall be spaced at no greater than 80 feet on center on both
sides of a Street notwithstanding anything in the section 18.2. Lighting on residential Streets may
be confined to the intersections and comers. Light poles and fixtures utilized in the District shall
complement the predominant architectural theme of the area where used as shown in the Design
Vocabulary.
18.3 In Parking Lots, post heights may be extended to a maximum of 20 feet.
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18.4 Building accent lighting, security lighting and yard post lighting shall be incorporated
into the Street lighting design.
18.5 No accessory lighting on any parcel shall cause illumination at or beyond the District
boundaries in excess of.3 footcandles of light, or .1 footcandles along the nonhem boundary of the
District when the immediately abutting property to the noah is used for residential purposes. Such
.1 footcandle limitation shall not apply if a public right-of-way separates the residential use from the
property line of the District.
Section 19. Procedure.
19.1 Development Plan
19.1.1
The site plan prepared by Mid-States Engineering, L.L.C. , dated as of
August 13, 1999, shall constitute an approved Development Plan of the
Primary and the Secondary Areas for all purposes of this Ordinance and the
Zoning Ordinance.
19.1.2
Only those terms of the Carmel Clay Zoning Ordinance expressly referred to
herein shall govem development in the District. To the extent of any
inconsistency between the terms of this Ordinance and the terms of the
Carreel Clay Zoning Ordinance, the terms of this Ordinance shall govem. To
the extent this Ordinance may be construed so as to conflict with an approved
Development Plan, the provisions of the Development Plan shall control.
19.1.3
The Preliminary Development Plan or any portion thereof or any
Development Requirement contained herein may be amended only with the
approval of the Commission or any applicable authorized committee, after a
public hearing held in accordance with the Commission' s Rules of Procedure,
as amended. Such amendment may be for less than all of the District. Any
proposed amendment to the Preliminary Development Plan shall comply with
the guidelines of Section 4.3 and 4.4 above. Any decision of a committee
approving or denying a requested amendment or modification may be
appealed by the Director or any interested party to the Commission, in
accordance with the Commission's Rules of Procedure. An applicant may
concurrently seek approval of an amendment to the Preliminary Development
Plan and a Final Development Plan.
19.1.4 Notwithstanding anything in this Ordinance to the contrary, including the
Development Plan, any Final Development Plan submitted for approval for
any portion of the Primary Area within six (6) months of the date of this
Ordinance shall have all buildings located noah of NoahPark Avenue
oriented towards and fronting on Old Meridian. After the expiration of such
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19.2
six (6) month period, if construction on one or more commercial buildings
located on the real estate occupied by the Meij er' s Store as of the date of this
Ordinance is commenced, which building or buildings (i) have its primary
entrance and display for the public facing Old Meridian, (ii) have 75% of its
customers, whether pedestrians or persons arriving by vehicle, utilize the
primary entrance facing Old Meridian, (iii) conduct no business on the side
of the building facing away from Old Meridian, other than incidental uses
such as trash storage, and (iv) have no parking or other improvements or
structures located between it and Old Meridian, except landscaping and/or a
sidewalk, the Preliminary Development Plan for only the portion of the
Primary Area for which a Final Development Plan has not been submitted or
approved shall be void, and a new Preliminary Development Plan shall be
submitted for approval pursuant to the terms of this Ordinance. Suc'h new
Preliminary Development Plan shall provide that all commercial buildings
in the Primary Area, which are located north of NorthPark Avenue, from Old
Meridian. Except as specifically provided, nothing in this Section 19.1.4 shall
impact the Preliminary Development Plan for the Secondary Area or any
other provision of this Ordinance.
19.1.5
Notwithstanding Section 19.1.4, if the Council adopts an ordinance within
eighteen (18) months after the date of this Ordinance, which establishes
development standards for the Old Meridian corridor (an area along Old
Meridian which must include the area from NorthPark Avenue noah to 1364
Street), the development requirements of such ordinance shall be deemed
applicable to any Final Development Plan filed subsequent to the adoption
of such ordinance. If no such ordinance is adopted within eighteen (18)
months after the date of this Ordinance, this Section 19.1.5 shall be void and
of no further force or effect.
Final Development Plan
19.2.1
Development Requirements/Detailed Terms. The application for Final
Development Plan approval for all or a portion of the District pursuant to
Section 19.2.2 below, shall substantially comply with the Development Plan,
and all Development Requirements contained in this Ordinance. The Council
hereby declares and acknowledges that the Preliminary Development Plan
and the enumerated Development Requirements contained in this Ordinance
are in detailed terms for the purposes of the PUD Statute, and that no
secondary review, as that term is used in IC 36-7-4-1509, by the Council or
a designee of the Council of the Ordinance shall be conducted.
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19.2.2 Submission of Final Development Plans. Prior to construction in the District,
100% of the owners of the real estate in the District, or 100% of the owners
of the real estate which is the subject of the phase or portion of the District
to be developed if less than all of the District to be developed, shall submit
to the Director, or Administrator, of the Department of Community
Development for the City of Carmel, Indiana, or such director's authorized
representative (jointly, the "Director"), five (5) copies of a Final
Development Plan, which shall include the following:
(a)
A site plan of the area to be included in the Final Development Plan,
drawn to scale. The site plan shall include the following:
6)
All buildings and structures, and their locations, size and
height;
(ii)
All yards, including Buffer yards, and distances between
buildings;
(iii) The location, size and style of walls and fences;
(iv)
(v)
On and off-street parking: location, number and size of spaces
and dimensions of parking area, intemal circulation pattern;
Access - pedestrian, vehicular, service: Points of ingress and
egress, internal circulation, including identification of paving
materials;
(vi) Signs: location, dimensions, and copy;
(vii) Loading: location, dimensions, number of spaces, intemal
circulation;
(viii) All Recreational Facilities and Open Spaces: location and
dimensions;
(ix) Public and private roads: location, dimensions, circulation;
(x) Fire hydrants: location and specifications;
(xi)
The name of the development, followed by the words "Final
Development Plan" and the date of submission or the latest
revision of the drawing; '
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(b)
(C)
(d)
(e)
(O
(g)
(h)
(i)
O)
(k)
(xii)
Names, addresses and telephone numbers of the owner,
developer and Registered Land Surveyor Professional
Engineer which prepared the drawings;
(xiii)
Exterior boundaries of the area included in the Final
Development Plan, and contours at vertical intervals of two
(2) feet or less;
Elevations of buildings showing the exterior materials to be used,
consistent with the Design Vocabulary.
Final Landscaping Plan showing location, size and types of plant
material, not including foundation Planrings, but including all
specimen trees to be preserved. .
Signage Plan which shows the sign information requested in Section
16.14.1 above.
Legal description of area included in Final Development Plan.
Streets and Rights-Of-Way plan showing exact location and
construction of all Streets and rights-of-way.
The accurate location, size and capacity of all water mains, hydrants,
valves and other necessary appurtenances on site plus the connection
to the off site water main.
The accurate location, size and capacity and elevations of all sanitary
sewer mains, lift stations, manholes and other necessary
appurtenances on site plus the connection to off site sanitary sewer
main.
The accurate location, size, capacity and direction of flow .of all
elements of the storm drainage system. All storm water sewers shall
be shown, including size, location, direction of flow and connections,
including method of disposition into stream, retention pond or drain,
and the distance to stream outlet, life stations, manholes, inlets,
junction boxes, and roadside ditches, grassed waterways, water
courses, open ditches, curbs and gutters, and culverts.
The detail design of all curb cuts onto public rights-of-way.
Final erosion control plan.
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19.2.3
19.2.4
19.2.5
(1)
Grading plans which show the final elevation of the real estate with
the improvements; and
(m)
Any other document or item required pursuant to this Ordinance.
Review of Final Development Plan. Upon receipt of an application for Final
Development Plan approval under this Ordinance, the Director shall review
the application. If the application does not contain all required elements
listed in Section 19.2.2 above, the Director shall request the applicant to
complete the Final Development Plan. The Director shall have no obligation
to forward the Final Development Plan to the Commission or any applicable
authorized committee until it is complete. When the application for Final
Development Plan approval is complete, the Director shall formally accept
the application, notify the applicant and forward the application to the
Commission or its applicable authorized committee. Within thirty (30) days
of formally accepting the Final Development Plan, the Commission or its
applicable authorized committee shall review the application and determine
whether it is in technical compliance with this Ordinance and all other
applicable ordinances, statutes and regulations. If the Commission or its
applicable authorized committee determines the Final Development Plan
complies with this Ordinance and all other applicable ordinances, statutes and
regulations, it shall notify the applicant that the Final Development Plan has
been approved, and that the applicant can file for an Improvement LOcation
Permit. The Director shall return one complete Final Development Plan,
which has been stamped approved with the date of such approval.
Improvement Location Permit. Upon approval of the Final Development
Plan, the owner of the portion of the District to which such Final
Development Plan approval applies, may file an application for an
Improvement Location Permit. The requirements for such application, its
review and all other matters regarding the issuance of the Improvement
Location Permit shall be govemed by Section 29.4 of the Zoning Ordinance,
as amended. In addition to the requirements of Section 29.4, the applicant
shall also submit a copy of the approved Final Development Plan.
Construction. Any person to whom approval of a Final Development Plan
in the District under this Ordinance is granted shall commence construction
within twenty-four (24) months from the date of such approval; or approval
of the Final Development Plan may be revoked. If construction is not
commenced within said twenty-four (24) month period, then the developer
or applicant shall, within sixty (60) days following the expiration of said
twenty-four (24) month period, be required to demonstrate good cause to the
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Director why said Final Development Plan approval should not be revoked.
Upon showing of good cause, the Director may extend time to commence
construction for a period of up to twenty-four (24) additional months. Failure
to do so as herein required shall result in the automatic revocation of the
approval of the Final Development Plan. In no event shall an Improvement
Location Permit be issued for improvements located in the District prior to
approval of a Final Development Plan or after revocation of a Final
Development Plan without obtaining a new approval.
19.3 Amendment.
19.3.1
Except as provided in Sections 19.1.3 and 19.3.2, this Ordinance may only
be amended with the approval of the Council. An Amendment may be
submitted by 100% of the owners of the real estate in the District, excluding
owners of a unit or units or the owners' association in a horizontal property
regime, for an amendment of this Ordinance. The requested amendment shall
then be considered in the same manner as though it were an application for
a new planned unit district ordinance.
19.3.2
Notwithstanding Section 19.3.1 above, the owner of real estate in the District
may file an application with the Director to amend the Development
Requirements of this Ordinance. The application shall be considered and
may be granted by the Commission or its applicable committee, after a public
hearing held in accordance with the Plan Commission's Rules of Procedure,
as amended. Any decision of a committee which approves or denies any
requested modification may be appealed by the Director or any interested
party to'the Commission, also in accordance with the Plan Commission's
Rules of Procedure.
19.4 Filing Fees. To the extent applicable, the provisions of Division VIII of the Zoning
Ordinance shall apply to the development in the District.
19.5 The Developer shall commence construction of the initial phase of the Development
within twenty-four (24) months following the effective date of this Ordinance.
19.6 The size, configuration and number of parcels in a block may vary from the size,
configuration and number of lots shown on the Development Plan.
19.7 Title to any portion of the District may be conveyed by a metes and bounds survey
description as long as such portion complies with the area and bulk regulations of Architectural
Guidelines with respect to the intended use of such portion.
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19.8 Temporary construction facilities are permitted to remain on a job site during all
phases of construction and must be removed within 30 days following the issuance of the last
certificate of occupancy for the District. No permit is necessary for temporary construction facilities
except where permanently connected to water and sewer utilities.
Section 20. Certification and Recordation of the Final Development Plan.
20.1 Within 30 days following the approval of a Final Development Plan, the Director of
the Department shall sign a mylar copy of the Final Development Plan, and deliver the signed
Development Plan to the Developer.
20.2 The Developer shall record the signed Final Development Plan in the Office of the
Recorder of Hamilton County, Indiana, within 60 days following receipt of the signed Final
Development Plan from the Commission, and shall deliver a copy of the recorded Final
Development Plan to the Department. The Recorder shall return the originally recorded Final
Development Plan to the Department.
20.3 Approved modifications of the Final Development Plan shall be recorded by the
Developer in the Office of the Recorder of Hamilton County, Indiana, within 60 days following the
approval of such modification. Subsequent to recordation, the Developer shall deliver a copy of the
recorded modification to the Department.
Section 21. Commission Consents or Approvals.
21.1 Where the consent or approval of the Commission is required pursuant to the
provisions of this Ordinance, the request for such approval or consent shall be deemed a
modification of the Development Requirements and shall be processed in accordance with the
provisions of this Ordinance.
21.2 In considering whether to grant its consent or approval, the Commission shall apply
the criteria set forth in this Ordinance.
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PASSED by the Common Council of the City of Carmel, Indiana, this e~day of
~:~~ ,1999, by a vote of S ayes and ~ nays. ~
COM N COUNCIL FOR THE CI .Y OF CARMEL
emd 0~~~.,~ ~ ) Kevi~.n~ '
No undle Preside t ~"
, . d n
Ronald E. Carter
Billy L. Walker
Diana L. Cordray, C1Z~-~r
/~esented by me to the Mayor of the City of Carmel, Indiana on the c~day
- ,1999. -
Di . , -
of
1999.
Approved by me, Mayor of the City of Carmel, Indiana, thisc~ day of 3/~~
Jfes Brainard, Mayor
Z.TT-, ~anaZr~cl,_,~.~.ay,: .-
-40 -
EXHIBIT F
COMMITMENTS CONCERNING THE USE
OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH A REZONING
In accordance with I.C. 36-7-4-607, the owners of the real estate located in Carmel, Hamilton
County, Indiana, which is described on Exhibit A attached hereto and made a part hereof ("Real
Estate"), make the following commitments (the "Commitments") concerning the use and
development of the Real Estate as Providence at Old Meridian (the "Development") pursuant to the
Providence at Old Meridian Planned Unit Development District Ordinance adopted by the Carmel
City Council on , 1999 (Ordinance No. Z- ) (the "Ordinance") and the
Development Plan approved pursuant thereto.
STATEMENT OF COMMITMENTS
1. Capitalized terms used but not defined herein shall have the meaning given such terms
in the Ordinance.
2. If a street to be located on the real estate in area reserved for such street as shown on the
Development Plan and described in Exhibit A attached hereto and incorporated by reference (the
"Street Real Estate") is added to the City of Cannel, Indiana's Thoroughfare Plan by
,2001 [INSERT DATE WHICH IS TWO YEARS AFTER DATE OF PUD
DISTRICT ORDINANCE], the Street Real Estate shall be, upon notice from the City of Carmel,
Indiana or its applicable agency or department that it is about to commence construction of such
street on the Street Real Estate, dedicated to the City of Carmel, Indiana as public right-of-way. If
a street to be located on the Street Real Estate is not added to City of Carmel, Indiana's
Thoroughfare Plan by ,2001, the obligation to dedicate the Street Real Estate to
the City of Carmel, Indiana shall terminate, and this Commitment and all of its requirements and
obligations also shall terminate.
3. Until the Street Real Estate, if ever, is dedicated, the Street Real Estate may be used for
any lawful purpose. If a street to be located on the Street Real Estate in added to the City of
Carmel's Thoroughfare Plan by ,2001, then, upon dedication, the City of
Carmel, Indiana shall not be obligated or required to compensate the owner of the Street Real Estate
for any non-road improvements located thereon. The owner of the real estate shall have no
obligation to construct or pay for the cost of any road or street improvements in the Street Real
Estate.
These Commitments shall run with the land, be binding on the owner of the Real Estate,
subsequent owners of the Real Estate and other persons acquiring an interest therein. This
Commitments may be modified or terminated by a decision of the Carmel-Clay Plan Commission
made at a public hearing aRer application by an owner of the Real Estate and proper notice has been
given.
These Commitments may be enforced jointly or severally by:
1. The Carmel/Clay Plan Commission
2. The City of Carmel, Indiana
3. The owner of any part of the Real Estate
IN WITNESS WHEREOF, the owner has executed this instrument this 094/ day of
,~~ ~,~- ,1999.
Printed
STATE OF INDIANA
oF
)
)ss:
)
Before me, a Notary Public in and for said County and State, personally appeared
, the of ,
who acknowledged the execution of the foregoing instrument for and on behalf of said
, and who, having been duly sworn, stated that any representations therein
contained are tree.
Wimess my hand and Notarial Seal this __ day of
,1999.
Signature
Commission Expires:
Primed Name
County of Residence:
This instrument prepared by Timothy E. Ochs, ICE MILLER DONADIO & RYAN, One
American Square, Box 82001, Indianapolis, Indiana 46282-0002.
476945.10
Exhibit A
Legal Description
part of the West Half o~ the Southeast Ouarter of Section 26,
Township 18 Nor th, Range ]Eas t, descr i bed as fo I Iows;
All the part lying East of the Center line of U. S. State Rood 31 more
particularly described as follows; Begin at a stone marked X ot the
5outheasf corner of the West Half of the 5outbeast corner of Section
25, Township 18 North, Range Z Eosf~ thence North on the East line of
said West Half 816. Z feet to the center of U. S. 5fate Road 31~ thence
on center of said rood 1016.6 feet to the intersection of the 5oufh
line o~ said Southeast Ouorter; thence East on said South line 589.5
feet to the place of beginning
ALSO
Lot 13 in R.A. Franke's Subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Deed
Book 128, page 197, in the Office of the Recorder of Hamilton County, Indiana.
ALSO
The South half of the Southeast Quarter of the Southeast Quarter of section twenty-six (26) Township
eighteen (18) north, Range three (3) East.
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