Packet 10-03-06
THE LEGACY
PLANNED UNIT DEVELOPMENT DISTRICT
SPECIAL STUDIES COMMITTEE
OCTOBER 3, 2006
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NELSON
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FRANKENBERGER
A PROFESSIONAL CORPORA nON
ATTORNEYS AT LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
LAWRENCE J. KEMPER
JOHN 8. FLA IT
FREDRIC LAWRENCE
DAVID J. LICHTENBERGER
Of Counsel
JANE B. MERRILL
3105 EAST 98TH STREET
SUITE 170
INDIANAPOLIS, IN 46280
317-844-0106
FAX: 317-846-8782
www.nf-Iaw.com
September 22, 2006
Carmel Department of Community Services
Carmel, IN
RE: The Legacy (Earlham Real Estate)
Dear Members of the Special Studies Committee:
This binder contains the revised PUD Ordinance and Exhibits. This represents our effort
to restructure the PUD in compliance with the suggestions of the Department of Community
Service. We look forward to discussing this with you at the next Special Studies Committee
meeting scheduled for Tuesday, October 3,2006.
Respectfully submitted,
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Charles D. Frankenberger
Attomey-at- Law
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enclosure
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Sponsor:
DRAFT 09/22/06
CARMEL, INDIANA
The Legacy
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE NO. Z- -06
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TABLE OF CONTENTS
Page
Section 1. Applicability of Ordinance.............................................................................. ................ 5
Section 2. Definitions and Rules of Construction. ......................................................................... 6
Section 3. Accessory Buildings and Uses.................... .........................................................12
Section 4. Detached Residential Use Block(s)...... ...................................................................... 13
Section 5. Detached and Attached Residential Use Block(sL......................................................13
Section 6. Attached Residential Use Block......................... ...............................................13
Section 7. Office/mixed Use Block( s) ...................................................................... ....... .............. 13
Section 8. Village Core Use Block......................... ............................................................14
Section 9. Comer Retail Use Block......................... ..........................................................14
Section 10. Continuing Care Retirement Community...................... ....................................14
Section 11. Open Space Use Block... .............................................................................................. 14
Section 12. Streets... ... ......... . ..... ... ........ .................................................................. ..............15
Section 13. Landscaping Reauirements......................... ......................................................16
Section 14. Lighting......................... ....................................................................................18
Section 15. Signs........................ ..........................................................................................18
Section 16. Parking........................... ..................................................................................18
Section 17. Maximum Unit Limitations..... .................................................................................... 19
Section 18. Homeowners Association and Declaration of Covenants.. .... ...... . .. ... ... ... ... ....20
Section 19. Approval Process.............. ..... ...............................................................................20
Section 20. Controlling Developer's Consent....... ....................................................................22
Section 21. River Developable Parcel. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. ............... ... . . . . . ..23
Section 22. Violations.................. ..........................................................................................23
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Exhibit I.
Exhibit 2.
Exhibit 3.
Exhibit 4.
Exhibit 5.
Exhibit 6.
Exhibit 7.
Exhibit 8.
Exhibit 9.
SCHEDULE OF EXHIBITS
Legal Description
Concept Plan.
Bicycle and Pedestrian Plan
Open Space Plan
Environmental Systems Plan
Streets
A. Street Plan
B. Street Sections
C. Street Standards
Detached Dwelling Use Block (s)
A. Detached Development Standards (for Attached Dwellings, see Exhibit 8A).
B. Detached Architectural Standards (for Attached Dwellings, see Exhibit 8B).
C. Detached Character Illustrations (for Attached Dwellings, se Exhibit 8C).
Detached and Attached Dwelling Use Block(s)
A. Attached Development Standards (for Detached Dwellings, see Exhibit 7 A).
B. Attached Architectural Standards (for Detached Dwellings, see Exhibit 7A).
C. Attached Character Illustrations (for Detached Dwellings, see Exhibit 7A).
Attached Dwelling Use Block(s)
A. Multi-Family Development Standards (for Detached Dwellings and Attached
Dwellings, see Exhibit 7 A and Exhibit 8A, respectively).
B. Multi-Family Architectural Standards (For Detached Dwellings, see Exhibit
7B). '
C. Multi-Family Character Illustrations (for Detached Dwellings and Attached
Dwellings, see Exhibit 7C and Exhibit 8C).
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Exhibit 10. Office/Mixed Use Block(s)A
A. Development Standards
B. Architectural Standards
C. Character Illustrations
Exhibit 11. Village Core Use Block
A. Development Standards (For commercial, see Exhibit IDA, and for
residential, see Exhibit 8A and 9A).
B. Architectural Standards (For commercial, see Exhibit IDA, and for
residential, see Exhibit 8A and 9B).
C." Character Illustrations (For residential, see Exhibit 8A and 9C).
Exhibit 12. Comer Retail Use Block
A. Development Standards (These are in process.)
B. Architectural Standards (These are in process.)
C. Character Illustrations (These are in process.)
Exhibit 13. CCRC
A. Development Standards
B. Character Illustrations
Exhibit 14. Open Space Use Block(s) - Character Illustrations
Exhibit 15. Use Table
Exhibit 16. Tvpical Street Lighting
Exhibit 17. TvpicaI Residential Area Signage
Exhibit 18. River Parcel Legal Description
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Sponsor: Councilor
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
THE LEGACY
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Zoning
Ordinance"), provides for the establishment of a Planned Unit Development District in
accordance with the requirements on.c. ~ 36-7-4-1500 et seq.;
WHEREAS, the Plan Commission has given a recommendation to the
ordinance set forth herein (the "Legacy Ordinance") which establishes the Legacy Planned Unit
Development District (the "Legacy District") with respect to the real estate legally described in
what is attached hereto and incorporated herein by reference as Exhibit 1 (the "Real Estate")
NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC ~36-7-
4-1500 et seq., it adopts this Legacy Ordinance, as an amendment to the Zoning Ordinance and it
shall be in full force and effect from and after its passage, (ii) all prior ordinances or parts thereof
inconsistent with any provision of this Legacy Ordinance and its exhibits are hereby inapplicable
to the use and development of the Real Estate, (iii) all prior commitments and restrictions
applicable to the Real Estate shall be null and void and replaced and superseded by this Legacy
Ordinance, and (iv) this Legacy Ordinance shall be in full force and effect from and after its
passage and signing by the Mayor.
Section 1.
ADDlicabilitv of Ordinance.
Section 1.1. The Official Zoning Map of the City of Carmel and Clay Township, a part
of the Zoning Ordinance, is hereby changed to designate the Real Estate as a planned unit
development district to be known as the Legacy District.
Section 1.2. Development in the Legacy District shall be governed entirely by (i) the
provisions of this Legacy Ordinance and its exhibits, and (ii) those provisions of the
Zoning Ordinance specifically referenced in this Legacy Ordinance. In the event of a
conflict between this Legacy Ordinance and the Zoning Ordinance, the provisions of this
Legacy Ordinance shall apply.
Section 1.3. Any capitalized term not defined herein shall have the meaning as set forth
in the Zoning Ordinance in effect on the date of the enactment of this Legacy Ordinance.
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Section 2.
Definitions and Rules of Construction.
Section 2.1. General Rules of Construction. The following general rules of
construction and definitions shall apply to the regulations of this Legacy Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the
future the present.
C. The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement.
Section 2.2. Definitions. The following definitions shall apply throughout this Legacy
Ordinance:
Accessory Dwelling. A Dwelling which is attached to or located on the same lot
as a Detached Dwelling or an Attached Dwelling, has an independent means of
access and is owned by the owner of the principal dwelling but occupied by
another. Accessory Dwellings may be integrated within or attached to a
Dwelling, or may be located in an attached or detached Accessory Structures,
such as garages or carriage houses, located on the same lot as the principle
dwelling.
Accessory Retail: Supporting retail which acts as a convenience for office uses.
Accessory retail must be integrated into buildings or sites that are of primarily
office use.
Accessorv Structure: A structure subordinate to a building or use located on the
Real Estate which is not used for permanent human occupancy.
Accessorv Use: A use subordinate to the main use, located on the Real Estate or
in the same building as the main use, and incidental to the main use.
Alley. A private right-of-way or easement located through the interior of blocks
and providing vehicular and service access to the side or rear of properties.
Apartment. A Dwelling intended primarily for rental.
Aoartment House. More than one (1) Apartment placed one on top of another
and/or side by side and sharing common walls and common floors and ceilings,
and which are located on a block or a single lot of record.
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Attached Dwelling. Townhomes, flats, duplex, triplex, or quadruplex dwellings.
Attached Dwellings may be sold as condominiums or as individually deeded lots.
Apartments shall not be within the definition of Attached Dwellings and, as such,
all references in this Legacy Ordinance to Attached Dwellings shall exclude
Apartments.
Attached Dwelling Use Block(s): What is identified on the Concept Plan as the
"Attached Dwelling Use Block".
Block(s): Anyone or any combination of (i) the Detached Dwelling Use
Block(s), (ii) the Detached and Attached Dwelling Use Block(s), (iii) the
Attached Dwelling Use Block(s), (iv) the Office/Mixed Use Block, (v) the Village
Core Use Block, (vi) the Comer Retail Use Block, (vii) the Open Space Use
Block(s). The size of each and every Block may be enlarged or reduced by up to
twenty percent (20%); provided, however, that the Maximum Unit Limitations
specified in Section 17 below shall remain unaffected.
Building Hei!!ht: The vertical distance from the lot ground level to the highest
point of the roof for a flat roof, to the deck line of a mansard roof and to the mean
height between eaves and ridges for gable, hip, and gambrel roofs.
BZA: The City's Board of Zoning Appeals
City: The City of Carmel, Indiana.
City Home: A single family detached home on a narrow lot (25 - 50 feet).
Townhomes are characteristically long and narrow, and have multiple stories.
Townhomes have accommodated parking and garages via alleys or rear access.
Townhome developments typically have zero lot line setbacks to provide
placement flexibility.
Commission: The Carmel Plan Commission.
Concept Plan: The Concept Plan attached hereto and incorporated herein by
reference as Exhibit 2 is conceptual and preliminary, only, and the final site
planes) may vary.
Condominiums: For the purposes of this ordinance, condominiums generally
refer to a single family home that is attached horizontally. Homes share common
walls, floors/ceilings. Condominiums can have individual or shared access. A
residential living unit or units as defined in and governed by the Indiana Code,
Sections 32-25-1 to 32-25-9-2, inclusive.
Controlling Develol'er: Shall mean East Carmel, LLC, until such time as East
Carmel, LLC transfers or assigns its rights as Controlling Developer. Such Rights
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may be transferred by the Controlling Developer, in its sole discretion, in whole
or in part. To transfer all or any portion of its rights as Controlling Developer,
East Carmel, LLC may (i) name each individual owner of parcels within the Real
Estate as Controlling Developer solely with respect to such parcels owned by each
such individual owner, (ii) establish a committee of individual owners of the Real
Estate within the Real Estate to act as Controlling Developer with respect to such
parcels owned by all such owners, or (Hi) use either method described in (i) and
(ii) above with respect to different portions of the Real Estate.
Comer Retail Use Block: What is identified on the Concept Plan as the "Comer
Retail Use Block".
Council: The City Council of the City of Carmel, Indiana.
County: Hamilton County, Indiana.
CCRC: See Continuing Care Retirement Community
CCRC Cottage: A Detached Dwelling or an Attached Dwelling occupied by one
or more CCRC resident(s) which is not part of the CCRC Multi-Unit Building.
CCRC Multi-Unit Building: A building containing apartment-style Attached
Dwellings occupied by CCRC residents. A CCRC Multi-Unit Building may also
contain any support services and facilities that may be included within a
Continuing Care Retirement Community including but not limited to a health
center containing assisted living and/or nursing beds.
CCRC Resident: A senior citizen who is entitled by contract to receive
continuing care in a Continuing Care Retirement Community.
Continuing Care: The provision of lodging and nursing, medical or other health
related services to an individual pursuant to an agreement effective for the life of
the individual or for a period greater than one year, including mutually terminable
contracts, and in consideration for the payment of an entrance fee with or without
other periodic charges.
Continuing Care Retirement Community: A place where continuing care is
provided to senior citizens which may include as support services and facilities (i)
indoor recreation (including swimming pool, solarium and lounges), (ii) physical
therapy, (iii) entertainment rooms, (iv) exercise rooms, (v) library, (vi) computer
rooms, (vii) kitchen, food service, and dining rooms, (viii) automatic teller
machine, (ix) administrative offices, (x) storage space, (xi) chapel, (xii) gift shop,
and (xiii) hair stylist/barber shop.
Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate, or any portion thereof, which shall be recorded in
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the office of the Recorder of Hamilton County, Indiana, and which may, from
time to time, be amended. .
Dedicated Trail Network: A trail system which functions both an alternative
transportation system and a linear park. This system is the primary pedestrian
access to all use areas and activity nodes. Local road sidewalks are not
considered part of this system, but do provide key access to network. This system
is paved and is similar in function to the Monon Trail and City's path network.
Department. The Department of Community Services of the City of Carmel,
Indiana.
Detached and Attached Dwelling Use Block(s): What is identified on the
Concept Plan as the "Detached and Attached Dwelling Use Block(s)".
Detached Dwelling. A dwelling that is developed with no party-walls and with
open yards on at least three sides, but not including manufactured homes, mobile
homes, modular homes or recreational or motor vehicles.
Detached Dwelling Use Block(s): What is identified on the Concept Plan as
"Detached Dweling Use Block".
Development. The Real Estate developed in accordance with the Development
Requirements.
Development Requirements: Development standards and any requirements
specified in this Legacy Ordinance which must be satisfied in connection with the
approval of a Final Development Plan.
Director: Director, or Administrator, of the Department of Community Services
for the City of Carmel, Indiana. "Director" and "Administrator" shall include
his/her authorized representatives.
Dwelling: A structure intended for occupancy by a single family. A Dwelling
includes an Attached Dwelling, a Detached Dwelling, an Apartment, an
Accessory Dwelling, a Loft, and a CCRC Dwelling.
Environmental Ot>en Space: Open space which contains natural systems
(including manmade systems) that function to preserve the natural integrity of the
Development. Such spaces include existing woodlands, bio-swales, restored
prairies, and naturalized detention ponds.
Final Development Plan: A specific plan for the development of the Real Estate,
or any portion thereof, which is submitted for approval showing proposed
facilities, buildings, and structures. Final Development Plans shall include
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general landscaping, parking, drainage, erosion control, signage, lighting,
screening and building information for the site.
Flood Plain Law: Any laws, statutes, ordinances, rules, or regulations governing .
the use and development of land within flood plains.
Landscaping: Trees, shrubs, hedges, flowers, ground covers, grasses, other plant
materials, and associated structures and improvements.
Loft. One or more rooms connected together and located above the 1 st floor of
any building in the Office/Mixed Use Block or the Village Core Block, which are
arranged, designed, used, and intended for use by one or more human beings
living together as a family and maintaining a common household for owner
occupancy or rental or lease on a weekly, month or longer basis; and which
includes lawful cooking, eating, sleeping space, and sanitary facilities reserved
solely for occupants thereof.
Material Alteration: Any change to an approved plan of any type that involves
the substitution of one material, species, element, etc. for another.
Minor Alteration: Any change to an approved plan of any type that involves the
revision of less than ten percent (10%) of the plan's total area or approved
materials and can not include a decrease in the minimum open space or amenities,
elimination of required plantings, or the addition of living units identified in the
Concept Plan.
Office/Mixed Use Block(s): What is identified on the Concept Plan as the
"Office/Mixed Use Block(s)".
Open S\Jace: Open space shall comprise a parcel or parcels of land, an area of
water, or a combination of land and water, including flood plain and wetland
areas located within the Real Estate and designated by the Controlling Developer
for the use and enjoyment of some or all of the residents of the Development and,
where designated by the Controlling Developer, for the use and enjoyment of the
community at large. Except as otherwise provided herein, common open space
does not include any area which is divided into building lots, streets (except the
landscaped medians of boulevards) or rights of way (except tree lawns). The area
of parking facilities serving the activities in the open space and paths or sidewalks
located therein may be included in the required area computations.
Open Space Use Block(s): What is identified on the Concept Plan as "Open
Space Use Blocks(s)".
Parcel Coverage: The total ground area covered by buildings and accessory
structures which are greater than eighteen (18) inches above grade level,
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excluding fences and walls not attached in any way to a roof, divided by the total
horizontal ground area.
Path: A paved or otherwise cleared way intended as a jogging trail or a bikeway
and located in Open Space, an easement, or a right-of-way.
Perimeter Yard: The required side and rear yards of a project, situated between
and extending along the side and rear project boundaries and an interior line
paralleling thereto.
Primary Facade: The building fayade on elevation containing the primary
customer entrance.
Real Estate: The Real Estate legally described in Exhibit 1.
Recreational Open Space: Open Space that has been designed and designated for
community use. Such spaces include trails, nature viewing areas, plazas, ball
fields, accessible bodies of water for active use, dedicated trail networks, and
playgrounds.
Ricltt-of- Way: An area of land permanently dedicated to provide light, air and
access.
River Parcel: That portion of the real estate located east of River Road,
comprising approximately 95.82 acres, and legally described in Exhibit 18,
comprising part of the Open Area and the River Developable Parcel.
River Developable Parcel: A portion of the River Parcel comprising between 11
and 15 acres, more or less, and not identified on the Concept Plan as "Open
Space". The size and configuration of the River Developable Parcel may vary
from what is depicted on the Concept Plan.
Townhome: A single family attached dwelling that is attached vertically and
provides for individual unit access. Units share walls, but ownership can include
small yards (front and rear).
Secondary Facade. Any building fayade or elevation other than the Primary
Fayade.
~: Any type of sign as further defined and regulated by this Legacy Ordinance
and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as
amended.
Subdivision Control Ordinance: Carmel/Clay Subdivision Control Ordinance,
No. Z-160, as amended.
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Substantial Alteration: Any change to an approved plan of any type that involves
the revision of ten percent (10%) or more of the plan's total area or approved
materials.
Village Core Use Block: What is identified on the Concept Plan as the "Village
Core Use Block".
Village Supporting Commercial Use: A small neighborhood serving retail/office
use whose primary clientele lives or works within close proximity of the
Development. Such uses occupy less than 2,500 square feet and must be
pedestrian oriented in design and accessibility. All parking shall be
accommodated in the rear, sides, and on-street. These uses can be detached, or
integrated within a mix of other uses.
Zoning Ordinance: Carmel/Clay Zoning Ordinance Z-289, as amended from time
to time.
Section 3. Accessorv Buildine:s and Uses. All Accessory Structures and Accessory Uses
allowed under the Zoning Ordinance shall be permitted in the Legacy District; provided,
however, that any detached accessory building shall have on all sides the same architectural
features or shall be architecturally compatible with the principal building(s) with which it is
associated.
Section 4. Detached Dwelline: Use Block(s). This Block contains suburban setting of
detached dwellings on larger lots. While this Block is primarily Detached Dwellings, Attached
Dwellings are permitted through special use review and approval by the BZA. No more than 4
Attached Dwellings shall be permitted per structure. Home-based business is permitted as per
the current city of Carmel Zoning Ordinance.
Section 4.1. Permitted Uses, as qualified by the text immediately above in this Section 4,
are specified in the Use Table (Exhibit 15).
Section 4.2. The applicable development standards are specified in Exhibit 7.
Section 4.3. The applicable architectural standards are specified in Exhibit 7.
Section 4.4. The applicable character exhibits, indicating conceptually the intended
architecture and appearance of buildings, are contained within Exhibit 7.
Section 5. Detached and Attached Use Dwelline: Block(s). This Block contains a mix of
Detached Dwellings and Attached Dwellings. No more than 6 Attached Dwellings shall be
permitted per Townhome structure. No more than 16 units shall be permitted per Condominium
structure. Home-based business is permitted as per the current Zoning Ordinance.
Section 5.1. Permitted Uses as qualified by the text immediately above in this Section 5
are specified in the Use table (Exhibit 15).
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Section 5.2. The development standards applicable to Attached Dwellings are specified
in Exhibit 8. Development standards applicable to Detached Dwellings permitted in this
Block are found in Exhibit 7.
Section 5.3. The architectural standards applicable to Attached Dwellings are specified
in Exhibit 8. Architectural standards applicable to Detached Dwellings permitted in this
Block are found in Exhibit 7.
Section 5.4. The character illustrations, indicating conceptually the intended architecture
and appearance of Attached Dwellings, are contained within Exhibit 8. Character
illustrations applicable to Detached Dwellings permitted in this Block are found in
Exhibit 7 .
Section 6. Attached Dwelline: Use Block. This block is a village setting of predominately
Attached Dwellings and Apartments. No more than 6 Dwellings shall be permitted per Attached
Dwelling structure. No more than 16 Dwellings shall be permitted per Condominium structure.
There is no limit on the number of Apartments per Apartment House. While this area is
primarily residential in nature, Village Supporting Commercial Uses are permitted through
special use review and approval by the BZA.
Section 6.1. Permitted Uses, as qualified by the text immediately above in this Section 6,
are specified in the Use Table (Exhibit 15).
Section 6.2. The development standards applicable to Apartments are specified in
Exhibit 9. Development standards applicable to Detached Dwellings and Attached
Dwellings permitted in this Block are found in Exhibit 7 and Exhibit 8.
Section 6.3. The architectural standards applicable to Apartments are specified in
Exhibit 9. Architectural standards applicable to Detached Dwellings and Attached
Dwellings permitted in this Block are found in Exhibit 7 and Exhibit 8.
Section 6.4. The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Apartments, are contained within Exhibit 9. Character
illustrations applicable to Detached Dwellings and Attached Dwellings permitted in this
Block are found in Exhibit 7 and Exhibit 8.
Section 7. OmcelMixed Use Block(s). This Block serves primarily office/commercial uses.
The Block serves as a transitional area to the adjacent Attached Dwelling Use Block(s). This
Block permits a limited amount of residential and retail. Dwellings in the Office/Mixed Use
must be incorporated into office structures as Lofts. All retail must be Accessory Retail. No
more than 20% of all non-residential square footage of the Office/Mixed Use Area can be
occupied by Retail Uses.
Section 7.1 Permitted Uses, as qualified by the text immediately above in this Section 7,
are specified in the Use Table (Exhibit 15).
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Section 7.2 The development standards applicable to offices are specified in Exhibit 10.
Section 7.3. The architectural standards applicable to offices are specified in Exhibit 10.
Section 7.4. The applicable character illustrations, indicating conceptually the intended
architecture and appearance of offices, are contained within Exhibit 10.
Section 8. Villal!e Core Use Block. The Village Core Use Block is the most intense activity
node of the Legacy PUD. This Block comprises multi-story buildings with a full mix of uses.
The Village Core Use Block is primarily retail use on all first floors along and adjacent to the
main street running north and south through this Block. Office and Lofts can be found on upper
levels. The Block shall be kept generally within its boundaries identified on the Concept Plan.
This Block shall not be expanded or shifted closer to the 146th Street Corridor than as shown on
the Concept Plan.
Section 8.1. Permitted Uses, as qualified by the text immediately above in this Section 8,
are specified in the Use Table (Exhibit 15).
Section 8.2 The development standards applicable to retail buildings are specified in
Exhibit 10. Development standards applicable to Attached Dwellings and Apartments
permitted in this Block are found in Exhibit 8 and Exhibit 9, respectively.
Section 8.3. The architectural standards applicable to retail buildings are specified in
Exhibit 10. Architectural standards applicable to Attached Dwellings and Apartments
permitted in this Block are found in Exhibit 8 and Exhibit 9, respectively.
Section 8.4. The character illustrations, indicating conceptually the intended architecture
and appearance of retail buildings, are contained within Exhibit 11. Character
illustrations applicable to Attached Dwellings and Apartments permitted in this Block are
found in Exhibit 8 and Exhibit 9, respectively.
Section 9. Corner Retail Use Block. This Block is located on the southwest corner of 146th
Street and River Road. Permitted Uses are specified in the Use Table (Exhibit 15).
Section 9.1 The development standards applicable to Corner Retail are in the process of
being established.
Section 9.2. The architectural standards applicable to Comer Retail are in the process of
being established.
Section 9.3. The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Comer Retail buildings, are in the process of being
established.
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Section 10. Continuine: Care Retirement Communitv. The CCRC can be located anywhere
within the Legacy District, so long as no portion of the CeRC site occupies more than 25% of
the Village Core Use Block.
Section 10.1. Permitted Uses are specified in the definition, in Section 2.2, of a
Continuing Care Retirement Community and also in the Use Table (Exhibit 15).
Section 10.2. The applicable character illustrations, indicating conceptually the intended
architecture and appearance of buildings, are contained within Exhibit 14.
Section 10.3. The CCRC site can range in size from between 10 acres and 35 acres.
Section 11. ODen SDace Use Block. The Open Space Use Block is identified as the Concept
Plan. Within this Block, the following provisions apply:
Section 11.1. Legacy Open Space can be Environmental Open Space, Recreational
Open Space, or a combination of both; provided, however, that the Open Space Block
east of River Road must be Recreational Open Space. There shall be accessible and
usable open space with a 5 minute walk (1/4 mile) from all Dwellings within the Legacy.
Dedicated trail networks do not count toward this requirement.
Section 11.2. Not less than forty (40) percent of the Real Estate shall be allocated to
and shall remain in open space in perpetuity.
Section 11.3. The Developer may make improvements such as the cutting of trails as
depicted on the Concept Plan, 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.
Section 11.4. Recreational buildings, structures, and improvements (for example, pools,
clubhouses, picnic structures, ball fields, tennis courts, and playground equipment) not
prohibited by flood plain laws may be constructed in the Open Space Area.
Section 11.5. Storm water quality/quantity treatment may be constructed in the open
space and within the public rights-of-way.
Section 11.6. Trails shall be provided, where feasible, to link open space areas.
Pedestrian trails shall bea minimum of six (6) feet wide, and bicycle trails shall be a
minimum often (10) feet wide.
Section 11.7. Bioswales and Open Space Character exhibits are illustrated in Exhibit 14,
and Open Space Use Block (s) are further illustrated in Exhibit 4.
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Section 12. Streets.
Section 12.1. The street layout (including rights-of-way, pavement widths, and design)
within the Legacy District shall be substantially as indicated on the Exhibit 6, adapted as
appropriate to the topography, unique natural features, and environmental constraints of
. the site.
Section 12.2. Alleys shall be permitted based on the following standards:
A. An Alley shall be a perpetual easement or private way and shall not be
dedicated to the public.
B. Curbing is not required except at comers of intersections with other street
types. At such comer locations, curbing shall be required for the comer
radius to the path or sidewalk paralleling the intersecting street. A
concrete apron may serve as point of termination for the curb.
C. Utilities may be located within Alleys.
Section 12.3. All streets (excluding Alleys) within the Legacy District which are to be
dedicated for public use and accepted for maintenance by the City and shall be
constructed to the standards of the City as applicable at the time of the enactment of this
Legacy Ordinance, for depth, materials, dimensions, and radii, which standards are
specified in Exhibit 6.
Section 12.4. With the approval of the Commission, streets within the Legacy District
may be private.
Section 12.5. Exhibit 6 also contains illustrations of streets to be constructed with the
Legacy District.
Section 13. LandscaDine: Requirements.
The landscaping in the Legacy District shall be designed to compliment the architecture of the
residential and commercial buildings. Street trees, streetscape plantings, and buffer areas shall be
used to bring natural elements to the design pattern, in consultation with the Carmel Urban
Forester.
Section 13.1. General Landscaping Standards. Landscaping shall be integrated with
other functional and ornamental site design elements, where appropriate, such as
hardscape materials, paths, sidewalks, fencing, or any water features.
Plantings along buildings and streets should be designed with repetition, structured
patterns, and complementary textures and colors, and should reinforce the overall
character of the area. Alternative or pervious paving material may be considered, or
16
alternative planting media shall be considered, for the urban areas where planting space is
limited by restrictions such as buildings, asphalt or concrete paving, parking lots, etc.
All trees, shrubs and ground covers shall be planted according to American Standard for
Nursery Stock (ANSI Z60.1), and following the standards and best management
practices(BMPs) published by the City's Department of Community Services Urban
Forestry Section. Landscaping materials shall be appropriate to local growing and
climatic conditions. Plant suitability, maintenance and compatibility with site
construction features are critical factors that should be considered.
Shade shall be at least 2.5" in caliper diameter when planted. Ornamental trees shall be
at least IS' caliper diameter when planted. Evergreen trees shall be 6' in height when
planted. Shrubs shall be at least 18" in height when planted. Ornamental grasses shall
obtain a mature height of at least 3' .
The Developer shall implement reasonable efforts to conserve existing established trees
identified on the Environmental Systems Plan (Exhibit ->, however, said trees may be
removed under any of the following circumstances:
. As is necessary to clear underbrush and dead trees;
. As is necessary for the installation of access easements, rights-of-way, streets,
paths, sidewalks, and utilities and drainage improvements and infrastructure; and
. As necessary for public health and safety as determined in cooperation with the
Urban Forester. Fruit and seed-bearing trees are not permitted over or adjacent to
hardscape features.
Existing vegetation may be used to achieve project landscaping requirements if (a) the
vegetation located on subject parcel is of suitable quality and health, and (b) the
vegetation is proposed to be preserved using accepted best management practices for tree
protection during construction.
Section 13.2. Perimeter Landscaping. Perimeter landscaping along the property lines
shall be provided in the form of either (a) street trees for portions of the perimeter which
abut an existing public right-of-way or where a public right-of-way is created via a
proposed frontage road, or (b) landscaping per the requirements of P Type "B"
Bufferyard (3 shade trees, 3 ornamental trees, and 15 shrubs per 100 linear feet) for
portions of the perimeter that do not abut a public right-of-way. Any street trees used to
meet perimeter landscape requirements shall meet all other standards provided in this
Section 1.5.
Section 13.3 Street Trees. Medium or large growing shade trees shall be planted
within the street right-of-way, parallel to each street, in planting strips or tree wells.
Street trees shall be planted a minimum of thirty (30) feet and a maximum of eighty (80)
feet on center. In areas of high pedestrian and commercial activity, tree wells shall be
covered with decorative grates or pavers in order to maximize uninterrupted pedestrian
17
pathways. Where ample passage area is provided, tree planting areas shall be treated as
planting beds to soften the hardscape.
As per City standards, no street trees shall be planted in conflict with drainage or utility
easements or structures. underground detention (unless so designed for that purpose), or
within traffic vision safety clearances. However, where the logical location of proposed
utilities would compromise the desired effect, the Developer may solicit the aid of the
Urban Forester in mediating cost-effective solutions.
Street tree species shall be selected from the City's published list of recommended street
trees. Street trees shall be pruned to a height of eight (8) feet minimum over sidewalks
and twelve (12) feet minimum over streets, to allow free passage along the sidewalk. In
commercial and mixed-use areas. street tree types and locations should allow for
visibility of businesses and business signage.
Section 13.4. Building Landscaoing Standards
Building base landscaping shall be provided at the base of all building elevations that do
not directly abut planted hardscapes to soften the architectural lines of buildings. frame
the primary views to buildings and public spaces, and blend architectural designs with the
landscape. Building landscaping shall be designed to appropriately complement a
building's use, setback, height. and architectural features. Window boxes for flowers and
planters on front stoops and sidewalks are encouraged in areas where landscaping cannot
be installed at the base of a building due to the building's proximity to a sidewalk, path,
street, right-of-way or easement.
Building base landscaping shall contain a minimum of 1 shade tree, 1 ornamental tree,
and 9 shrubs per 100 linear feet of building perimeter. Shrubs, ornamental grasses, or
other alternate landscaping techniques may be used to fulfill the building base
landscaping requirements if approved by the Department. If building bas landscaping
cannot be installed due to a building's proximity to a sidewalk. path, street, right-of-way,
or easement then landscaping may be installed elsewhere on the site to fulfill the building
base landscaping requirements. Appropriate alternate locations include, but are not
limited to: interior courtyards, sidewalks (as additional street trees), parks, plazas,
parking lots, alleys. etc. In addition, where facades abut the public right-of-way and/or
sidewalks span the entire frontage, planting islands may be created within the right-of-
way.
Landscaping interior courtyards are encouraged within larger blocks.
Deciduous trees should be planted in locations to the south and west of building to allow
for shade in summer months and greater sun exposure in the winter months. Evergreen
trees should be used as windbreaks to buffer northwest winds.
18
Section ] 3.5. Parking Lot Plantings. Where parking logs are visible from the public
right-of-way, the following requirements will apply:
1. Lot interior. Minimum of one (1) shade tree per ten (10) parking spaces, with a
minimum of four hundred square feet (400 SF) of useable soil volume being provided for
each two (2) trees;
2. Lot Perimeter. A minimum five foot (5') wide perimeter planting strip shall be
provided on all sides of lot (except where parking spaces abut curb-to-building sidewalk)
including four (4) shade trees and twenty-five (25) shrubs and/or ornamental grasses per
one hundred lineal feet (lOOLF) of strip. Walls or fences with a minimum height of
forty-two inches (42") may be used in lieu of planting. Perimeter planting may occupy
the same space as a required bufTeryard but may not be counted towards Perimeter
Bufferyard Requirements.
Section 13.6. Maintenance
It shall be the responsibility of the owners and their agents to insure proper maintenance
of project landscaping in accordance with the Legacy Ordinance and best management
practice standards. This is to include, but is not limited to, mowing, tree trimming,
planting, maintenance contracting, irrigatIon and mulching of planting areas, replacing
dead, diseased, or overgrown plantings with identical varieties or a suitable substitute,
and keeping the area free of refuse, debris, rank vegetation and weeds.
Section 14. Lil!htinl!.
Section 14.1. Commercial Lighting. All site lighting within the Office/Mixed Use
Block, Village Core Use Block, and the Corner Retail Use Block shall comply with the
standards of the Carmel Drive - Range Line Road Overlay Zone (Article 23F.12 of the
Zoning Ordinance). All fixtures shall be downcast fixtures/90 degree cutoff.
Section 14.2. Street lights shall be as depicted on Exhibit 16, and consistent throughout
the Real Estate.
Section 14.3. Street lights along all collector streets and within the Mixed Use Area
shall be provided at regular intervals. Street lighting on residential streets shall be
confined to the intersections and corners.
Section 14.4. Lighting for permitted activities shall be permitted within the Open Space
Area.
Section 14.5. Lighting in the Mixed Use Area and parking lots shall be designed and
maintained so that it is reduced to the minimum amount reasonably required for security
purposes during the hours that retail establishments are not open for business.
Section 15. Sims.
19
Section 15.1. Single-Family Area Signs.
A. Unless variances are granted by the BZA, all signs shall meet the
requirements of Article 25.7 of the Zoning Ordinance
B. Typical residential signs depicted on Exhibit 17, which is attached hereto
and incorporated herein by reference.
Section 15.2. Commercial Signs. All signs shall meet the requirements of Section 25.7
of the Zoning Ordinance.
Section 16. Parkine:.
Section 16.1. Parking. The minimum number of parking spaces to be provided shall be
computed as follows:
A. One and one-half (1.5) spaces per Dwelling. The areas within driveways
and. garages shall count toward this requirement;
B. Four (4) spaces per one thousand (1,000) square feet of retail floor space;
and;
C. Except as provided in Section 16.1 (D) below, the rules set forth in Section
27.01 through 27.04 of the Zoning Ordinance shall apply in computing the
number of required parking spaces, and in determining the location and
construction thereof; and
D. Off-street parking areas for two (2) or more different uses may be
provided collectively as one parking area so long as the total number of
spaces provided is not less than the total of the minimum required spaces
for each individual use. Combined parking shall be designed and
constructed so as to create a desirable, efficient, and well planned off-
street parking area with functional and aesthetic value, attractiveness and
compatibility with adjacent land uses. Sharing of off-street parking areas
is permitted where it is proved that two (2) adjacent buildings have uses
that require parking at complementary times of the day or days of the
week and, in these situations, the total number of spaces provided shall be
less than the total of the minimum number of spaces required for each
individual use. In addition, on-street parking spaces may, if available and
adjacent to the lot of the use, be counted as part of the total parking spaces
required by this Section 16.1(D).
Section 16.2. On-Street Parking. Each parking space shall be a minimum of eighteen
(18) feet in length.
Section 16.3. Loading and Service Areas.
20
A. Loading docks, solid waste facilities, recycling facilities, and other service
areas shall be placed to the rear or side of buildings.
B. 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 butTering shall be achieved through walls, fences, and
landscaping, shall be a minimum of five feet tall, and shall be visually
impervious. Recesses in the building, or depressed access ramps may be
used.
Section 17. Maximum Unit Limitations.
Section 17.1. Gross Residential Density. The total number of Detached Dwellings,
Attached Dwellings, Apartments, and CCRC Dwellings which are not part of the primary
CCRC Multi Unit Building shall not exceed one thousand three hundred sixty (1,360).
CCRC Dwellings, located within the primary CCRC Multi Unit Building, Lofts,
Accessory Structures and Beds and Breakfasts shall be in addition to and not counted
toward the 1,360 permitted Dwellings.
Section 17.2. Maximum Apartments. Without the approval of the Commission, there
shall be no more than Three Hundred (300) Apartments.
Section 17.3. Maximum Attached Dwellings. Without the approval of the Plan
Commission, there shall be no more than 500 Attached Dwellings.
Section 18. Homeowners Association and Declaration of Covenants.
Section 18.1. Declaration of Covenants and Homeowners Association. A Declaration of
Covenants shall be recorded which shall also contain various provisions regarding the
Real Estate, including provisions for an initiation fee, a budget requirement to fund
general reserves, the use of the Real Estate, and improvement approval requirements after
initial construction. The Declaration of Covenants will also provide for the establishment
of a Homeowners Association in which membership shall be mandatory. At the
discretion of the Developer, individual Associations may be established within each
district, each required to be a member of the overall Master Association. There may be
multiple Declarations of Covenants and Associations.
Section 19. Approval Process.
Section 19.1. Approval or Denial of the Concept Plan / Primary Plat and Final
Development Plan.
21
. A. With respect to any portion of the Legacy District other than the areas on
which lots are developed for Detached Dwellings, the platting into smaller
sections shall be permitted, but shall not be required in order to divide the
Real Estate into smaller areas for purposes of conveying title.
B. Primary and secondary platting shall be required with respect to any
portion of the Legacy District on which lots are developed for Detached
Dwellings. Where lots are shown on the Concept Plan, the Concept Plan
shall constitute the primary plat, and no further primary plat approval shall
be required. All secondary plats for any portion of the Legacy District
shall be approved administratively by the Department, and shall not
require a public hearing before the Plan Commission, so long as the
proposed secondary plat substantially conforms with the corresponding
approved primary plat.
B. No ADLS approval shall be required with respect to Detached Dwellings
and their associated Accessory Dwellings, Accessory Structures,
landscaping, lighting, and signage. All other buildings and associated
parking, landscaping, lighting and signage in the Mixed Use Area shall
require DP/ADLS approval by the Commission. If there is a Substantial
Alteration in the approved DP/ ADLS, review and approval of the
amended plans shall be made by the Commission, or a Committee thereof,
pursuant to the Commission's rules of procedure. Minor Alterations may
be approved by the Director.
C. Final Development Plan approval for the Real Estate is required per the
procedure set forth below in this Section 19. If there is a Substantial
Alteration in the approved development plan/primary plat, review and
approval of the amended plans shall be made by the Commission, or a
Committee thereof, pursuant to the Commission's rules of procedure.
Minor Alterations and Material Alterations may be approved by the
Director.
D. The Director shall have the sole and exclusive authority to approve
without conditions, approve with conditions, or disapprove the Final
Development Plans/Secondary Plats (collectively, the "FDP") for Legacy
District; provided, however, that the Director shall not unreasonably
withhold or delay the Director's approval of the FDP that is in substantial
conformance with corresponding approved development plan/primary plat
and is in conformance with the Development Requirements of this Legacy
Ordinance. If the Director disapproves any FDP, the Director shall set
forth in writing the basis for the disapproval and schedule the request for
approval of the FDP for a hearing before the full Plan Commission.
22
E. An amendment to the FDP, which is not determined by the Director to be
a substantial or material alteration from the corresponding approved
development plan/primary plat, may be reviewed and approved solely by
the Director. However, in the event the Director determines that there has
been a Substantial Alteration or Material Alteration between the approved
development plan/primary plat and any proposed FDP, the Director may,
at the Director's discretion, refer the amended FDP to the Commission, or
a Committee thereof, for review and approval by the Commission and/or a
Committee thereof.
F. Any FDP shall be a specific plan for the development, which shall include
reasonable detail regarding the facility and structures to be constructed, as
well as drainage, erosion control, utilities, and building information.
Section 19.2. Modification of Development Requirements.
A. The Commission may, upon petition of the Controlling Developer, modify
any requirements specified in this Legacy Ordinance.
B. Modification of the Development Requirements requested by the
Developer may be approved by a hearing examiner or committee
designated by the Commission, after a public hearing held in accordance
with the Commission's Rwes of Procedure. However, any decision of a
hearing examiner or committee which denies any requested modification
may be appealed by the party requesting approval to the Commission, also
in accordance with the Commission's Rules of Procedure.
C. Any proposed modification of the Development Requirements shall
comply with the following guidelines:
1. The modification shall be in harmony with the purpose and intent
of this Legacy Ordinance.
2. The modification shall not have an adverse impact on the physical,
visual, or spatial characteristics of the Legacy District.
3. The modification shall not have an adverse impact on the
streetscape and neighborhood.
4. The modification shall not result in configurations of lots or street
systems which shall be unreasonable or detract materially from the
appearance of the Legacy District.
23
5. The minimum lot size of any lot to be created shall not be reduced
below the requirements of this Legacy Ordinance.
D. When applying the Development Requirements 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 Legacy Ordinance.
B. If the Commission (acting through its hearing examiner or committee)
determines that the proposed modification will not have an adverse impact
on development in the Legacy 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 Legacy Ordinance.
Section 20. Controlline: D.eveloper's Consent. Without the consent of the Controlling
Developer, no other Developer, user, owner, or tenant may obtain any permits or approvals,
whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by way of
example but not by limitation, none of the following may be obtained without the approval and
consent of the Controlling Developer:
A. Improvement location permits for any improvements within the Real Estate;
B. Sign permits for any signs within the Real Estate;
C. Building permits for any buildings within the Real Estate;
D. DP, ADLS, or primary or secondary plat approval for any part of the Real Estate;
and
E. Any text amendments or other variations to the terms and conditions of this
Legacy Ordinance.
Section 21. River Developable Parcel. Notwithstanding anything in this Legacy Ordinance
to the contrary, the River Developable Parcel shall remain zoned S-1 (Residential) under the
Zoning Ordinance, and the use and development of the River Developable Parcel shall be
governed by the S-1 (Residential) classification of the Zoning Ordinance, and not by this Legacy
Ordinance.
Section 22. Violations. All violations of this Legacy Ordinance shall be subject to Section
34.0 of the Zoning Ordinance.
24
PASSED by the Common Council of the City of Cannel, Indiana this
, 2006, by a vote of ayes and nays.
day of
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Richard L. Sharp, President
Ronald E. Carter
Brian D. Mayo
Fredrick J. Glaser
Mark Rattermann
Joseph C. Griffiths
Kevin Kirby
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
25
Presented by me to the Mayor of the City of Carmel, Indiana the
, 2006, at 0' clock .M.
day of
Diana L. Cordray, IAMC, Clerk Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this
, 2006, at 0' clock .M.
day of
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
This Instrument prepared by:
H:\bradIZoning & Real Estate M8IlenIPLA TNM\Legacy (EarIham)IPUD Ordinance 091806.doc
26
EXHIBIT 1
u
Legal Description
A part of the East Halfofthe Northeast Quarter of Section 22 and a part of Section 23, Township 18 North,
Range 4 East of the 2nd Principal Meridian, Clay Township, Hamilton County, Indiana described more
particularly as follows:
Commencing at the Northeast Corner of said Section 23 thence North 89 degrees 15 minutes 40 seconds West
along the north line of the Northeast Quarter of said Section 23 a distance of 337.40 feet; thence South 20 degrees
07 minutes 12 seconds West a distance of 149.74 feet to the Point of Beginning being the southwest intersection
of the rights-of-way for 1461h Street and River Road as described in Instrument No. 200100065741 in the Office
of the Recorder of Hamilton County, Indiana, the following 12 courses along the westerly right-of-way of River
Road per said Instrument No. 200100065741; (I) South 20 degrees 07 minutes 21 seconds West a distance of
92.91 feet; (2) South 69 degrees 52 minutes 38 seconds East a distance of 16.50 feet; (3) South 00 degrees 07
minutes 41 seconds West a distance of 195.81 feet to a point on a non- tangent curve to the right having a radius
of688.98 feet, the radius point of which bears North 89 degrees 52 minutes 19 seconds West; (4) southerly along
said curve an arc distance of 426.40 feet to a point which bears South 54 degrees 24 minutes 43 seconds East
from said radius point; (5) South 35 degrees 35 minutes 17 seconds West a distance of 313.27 feet; (6) North 69
degrees 52 minutes 38 seconds West a distance of 16.50 feet; (7) South 20 degrees 07 minutes 28 seconds West a
distance 0019.41 feet; (8) North 69 degrees 52 minutes 38 seconds West a distance of 16.50 feet to a point on a
non-tangent curve to the left having a radius of 1574.80 feet, the radius point of which bears South 54 degrees 49
minutes 01 seconds East; (9) southwesterly along said curve an arc distance of 367.82 feet to a point which bears
North 68 degrees 11 minutes 57 seconds West from said radius point; (10) South 21 degrees 48 minutes 03
seconds West a distance of 191. 51 feet; (11) South 15 degrees 18 minutes 16 seconds East a distance of 82.28
feet; (12) South 68 degrees 12 minutes 11 seconds East a distance of 16.50 feet to the physical centerline of River
Road, the following 17 courses along the physical centerline of River Road; (I) South 21 degrees 14 minutes 47
U seconds West a distance of243.57 feet; (2) South 21 degrees 20 minutes 03 seconds West a distance of 151.74
feet; (3) South 23 degrees 01 minutes 40 seconds West a distance of99.76 feet; (4) South 24 degrees 29 minutes
46 seconds West a distance of 51.87 feet to a point on a non-tangent curve to the right having a radius of 397.42
feet, the radius point of which bears North 66 degrees 03 minutes 44 seconds West; (5) southwesterly along said
curve an arc distance of 191.02 feet to a point which bears South 38 degrees 31 minutes 23 seconds East from
said radius point; (6) South 52 degrees 56 minutes 19 seconds West a distance of 64.43 feet; (7) South 56 degrees
48 minutes 58 seconds West a distance of 84.84 feet; (8) South 58 degrees 29 minutes 55 seconds West a distance
of 204.22 feet; (9) South 59 degrees 38 minutes 13 seconds West a distance of213.74 feet; (10) South 59 degrees
38 minutes 43 seconds West a distance of 416.86 feet; (II) South 59 degrees 26 minutes 13 seconds West a
distance of21O.95 feet; (12) South 59 degrees 08 minutes 15 seconds West a distance of205.20 feet to a point on
a non-tangent curve to the left having a radius of 1427.15 feet, the radius point of which bears South 29 degrees
09 minutes 29 seconds East; (13) southwesterly along said curve an arc distance of 338.21 feet to a point which
bears North 42 degrees 44 minutes 11 seconds West from said radius point; (14) South 47 degrees 13 minutes 52
seconds West a distance of257.68 feet; (15) South 47 degrees 01 minutes 38 seconds West a distance of316.41
feet; (16) South 46 degrees 58 minutes 46 seconds West a distance of 613.46 feet to a point on a tangent curve to
the left having a radius of 1232.86 feet, the radius point of which bears South 43 degrees 01 minutes 14 seconds
East; (17) southwesterly along said curve an arc distance of 153.01 feet to a point which bears North 50 degrees
07 minutes 52 seconds West from said radius point; thence North 00 degrees 53 minutes 16 seconds West along
the southerly extension of the Carmel Clay School's land described in Instrument No. 9609651829 in the Office
of the Recorder, Hamilton County, Indiana a distance of 78.51 feet to the south corner of said land being a point
on a non-tangent curve to the right having a radius of 1285.49 feet, the radius point of which bears South 47
degrees 28 minutes 47 seconds East; thence northeasterly along said curve and the east line of said land an arc
distance of 100.05 feet to a point which bears North 43 degrees 01 minutes 14 seconds West from said radius
point; thence continuing North 46 degrees 58 minutes 46 seconds East along said east line a distance of 613.46
o feet to the northeast corner of said land; thence North 89 degrees 45 minutes 37 seconds West along the north line
of said land a distance of2114.73 feet to the west line of the Southwest Quarter of said Section 23; thence North
00 degrees 19 minutes 58 seconds East along said west line a distance of 1112.50 feet to the Northwest Corner of
u
said Southwest Quarter also the Southeast Comer of the East Half of the Northeast Quarter of Section 22;
thence South 89 degrees 39 minutes 16 seconds West along the south line of said East Half a distance of 1321.00
feet to the Southwest Comer of said East Half; thence North 00 degrees 02 minutes 32 seconds West along the
west line of said East HaIfa distance of2610.79 feet to the southerly right-of-way of 146lh Street, the remaining
courses along said right-of-way; thence South 84 degrees 48 minutes 27 seconds East a distance of 396.84 feet;
thence South 88 degrees 44 minutes 54 seconds East a distance of 411.89 feet; thence North 86 degrees 49
minutes 33 seconds East a distance of 200.04 feet; thence South 89 degrees 52 minutes 33 seconds East a distance
of 295.28 feet; thence South 83 degrees 58 minutes 30 seconds East a distance of 230.15 feet; thence North 87
degrees 45 minutes 46 seconds East a distance of 197.10 feet; thence South 89 degrees 22 minutes 30 seconds
East a distance of 1246.72 feet; thence South 88 degrees 10 minutes 19 seconds East a distance of 458.39 feet;
thence South 85 degrees 17 minutes 03 seconds East a distance of 696.40 feet; thence South 89 degrees 15
minutes 53 seconds East a distance of2161.67 feet to the Point of Beginning, containing 413.414 acres, more or
less.
Also, A part of Section 23 and Section 24, Township 18 North, Range 4 East of the 2nd Principal Meridian, Clay
Township, Hamilton County, Indiana, described more particularly as follows:
Commencing at the northeast comer of said Section 23 thence North 89 degrees 15 minutes 40 secondsWest
(assumed bearing) along the north line of the Northeast Quarter of said Section 23 a distance of 337.40 feet;
thence South 20 degrees 07 minutes 12 seconds West a distance of 149.74 feet to the southwest intersection of the
rights-of-way of 146th Street and River Road as described in Instrument No. 200100065741 in the Office of the
Recorder of Hamilton County, Indiana; thence South 86 degrees 23 minutes 21 seconds East a distance of 130.67
feet to the Point of Beginning being the southeast intersection of said rights-of-way for 146lh Street and River
Road (the following eight courses being along the southerly right-of-way of 146lh Street per said Instrument No.
200100065741); (1) thence South 89 degrees 15 minutes 53 seconds East a distance of 423.63 feet to a point on a
non-tangent curve to the left having a radius of 6650.26 feet, the radius point of which bears North 00 degrees 44
( " minutes 08 seconds East; (2) thence easterly along said curve an arc distance of 596.98 feet to a point which bears
~ South 04 degrees 24 minutes 28 seconds East from said radius point; (3) thence North 81 degrees 27 minutes 58
seconds East a distance of 136.79 feet to a point on a non-tangent curve to the right having a radius of 6482.94
feet, the radius point of which bears South 04 degrees 24 minutes 29 seconds East; (4) thence easterly along said
curve an arc distance of 556.05 feet to a point which bears North 00 degrees 30 minutes 23 seconds East from
said radius point; (5) thence South 89 degrees 29 minutes 37 seconds East a distance of 126.94 feet; (6) thence
South 86 degrees 38 minutes 21 seconds East a distance of 558.90 feet; (7) thence North 84 degrees 36 minutes
40 seconds East a distance of 110.62 feet; (8) thence North 89 degrees 25 minutes 33 seconds East a distance of
238.80 feet; thence continuing on the easterly extension of said right-of-way North 89 degrees 25 minutes 33
seconds East a distance of 115.74 feet to the middle of White River (the following two courses being along the
middle of White River); (I) thence South 03 degrees 25 minutes 34 seconds West a distance of868.05 feet;
(2) thence South 17 degrees 02 minutes 49 seconds West a distance of 564.64 feet; thence North 90 degrees 00
minutes 00 seconds West a distance of 3212.80 feet to the easterly right-of-way of River Road per said Instrument
No. 200100065741 being a point on a non-tangent curve to the right having a radius of 1443.57 feet, the radius
point of which bears South 66 degrees 45 minutes 59 seconds East (the following five courses being along said
easterly right of way); (1) thence northeasterly along said curve an arc distance of311.27 feet to a point which
bears North 54 degrees 24 minutes 43 seconds West from said radius point; (2) thence North 35 degrees 35
minutes 17 seconds East a distance of 426.04 feet to a point on a tangent curve to the left having a radius of
820.21 feet, the radius point of which bears North 54 degrees 24 minutes 43 seconds West; (3) thence northerly
along said curve an arc distance of 507.62 feet to a point which bears South 89 degrees 52 minutes 19 seconds
East from said radius point; (4) thence North 00 degrees 07 minutes 41 seconds East a distance of258.32 feet; (5)
thence North 34 degrees 37 minutes 42 seconds East a distance of27.30 feet to the Point of Beginning,
containing 95.82 acres, more or less. Total area containing 509.234 acres more or less.
o
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146TH STREET
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THE LEGACY
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Street Types:
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DESIGNWORKSHOP
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Aspen, CO 81611
(970) 925-8354
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The Legacy
Street Standards
The following standards shall apply to The Legacy:
Pavement sections shall be as shown on the following sheet.
Roadways and pedestrian walks & paths, both public and private, are
permitted within the "Open Spaces" at Developer's discretion.
Utilities, irrigation systems, signage, lighting and similar infrastructure may
be located within the public rights-of-way at Developer's discretion.
The minimum horizontal centerline radius for public streets shall be no less
than 100 feet.
The minimum cul-de-sac radius to back of curb for public streets shall be no
less than 38 feet.
The maximum length of a cul-de-sac street shall not exceed 750 feet.
Concrete sidewalks shall be a minimum of four (4) feet wide, 4 inches thick,
placed on grade.
Pedestrian asphalt paths shall have a pavement section consisting of 110
lbs/sy of#11 bituminous surface placed over 200 lbs/sy of#8 bituminous
binder placed over 5" of compacted #53 aggregate base to a width at
Developer's discretion.
9. Concrete infrastructure cure time shall be at Developer's discretion.
10. Placement of asphalt pavement during cold weather conditions shall be in
accordance with INDOT specifications.
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THE LEGACY
PAVEMENT SECTIONS
1.5" H.A.C. SURFACE #11
2" H.A.C. BINDER #8
3" H.A.C. BASE #50
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NOT - TO-SCALE
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3" H.A.C. BASE #5D
g" COMPACTED STONE BASE
7" - #53 STONE
2" - #2 STONE
COMPACTED SUBGRADE
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NOT-TO-SCALE
EXHIBIT
DEVELOPMENT STANDARDS - DETACHED RESIDENTIAL DWELLINGS
Minimum Lot Minimum Minimum Minimum Minimum Side Minimum Maximum Minimum
width at LotIParcel Size LotIParcel Front Yard Yard SetbaclC Rear Yard Building Square
Building Line Frontage at Setback Setback Height Footage3
Street
90 ft. 12,000 sf 40 ft. 25 ft. Oft 20 ft 35 ft 2400 sf
80 ft. 8000 sf 40 ft. 25 ft. Oft 20 ft 35 ft 2200 sf
100 ft 14000 sf 40 ft 30 ft 20 ft 2400 sf
70 ft. 8400 sf 30 ft 25 ft 15 ft 1800 sf
60 ft. 7200 sf 30 ft 25 ft Oft 15 ft 35 ft 1600 ft
50 ft. 5000 sf 40 ft 10 ft Oft 15 ft 35 ft 1600 sf
Front-Accessed
50 ft. 2625 sf 35 ft 10 ftl Oft Oft 35 ft 1400 sf
Alley-Accessed
40 ft. 2625 sf 35 ft 10 ftl Oft Oft 35 ft 1400 sf
Alley-Accessed
1 A build-ta-line may replace the setback line
2(i) 6 ft. minimum separation between Detached Dwellings is required (ll) IS ft. minimum separation between Attached Dwellings is required (ill) 15 ft. minimum separation
between Apartment Buildings is required
3Exclusive of porches, terraces, and garages
H:\bradlZoning & Real Estate MattcrsIPLATNM\EarlhamlDcvelopmcnt Standards -Combined.doc 92106
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EXHIBIT
Architectural Standards - Detached Dwelline:s
I. Buildine: Walls.
A. Attached hereto and incorporated herein by reference as Exhibit 6, are images,
renderings and elevations, depicting the character of Detached Dwellings, to be
constructed upon the Real Estate.
B. A minimum of two (2) materials shall be used for Building exteriors within the
Single-Family Area, from the following list: brick, cast stone, stone, cement
fiberboard, stucco, glass, wood, and vinyl windows and/or the equivalents thereof
for all of the foregoing. Vinyl siding shall only be permitted for shake-style
accent areas.
c. Building walls in the same plan may be built of no more than three (3) materials
and may change material along a horizontal line, with the heavier material below
the lighter material.
D.
Wall openings shall be of traditional and classical proportions and shall be square
or vertical in proportion. Openings may be ganged horizontally and/or vertically
if separated by a mullion or structural support member that is at least four (4)
inches wide.
E. Identical house elevations and fal;ade colors may not be located directly next to or
across from each other. Alternate elevations may be required to minimize
monotones or repeated streetscapes.
F. Detached Dwellings with either (i) brick on at least fifty percent (50%) of the area
of the front f~ade (windows, doors, garage doors, accompanying frames and any
other opening are excluded from calculations of the area) or (ii) a covered front
porch, with railings, of at least eight feet in width and four feet in depth, shall
have at least two (2) of the following architectural design features. Residences
with neither (i) fifty (50) percent brick on the area of the front facade (windows,
doors, garage doors, accompanying frames and any other opening are excluded
from calculations of the area) nor (ii) a front porch of the preceding dimensions
shall have a combination of four (4) or more of the following features.
1. A reverse gable peak;
2. A covered front porch, with railings on front and side, of at least eight (8)
feet in width and four (4) feet in depth;
3.
A thirty-two (32) inch brick or stone plinth with water table on all sides;
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4.
Architectural treatment on gable ends;
5. Two separate overhead garage doors for each two (2) car garage, and three
(3) separate overhead garage doors for each three (3) car garage;
6. Covered front stoop/steps with pathway leading from sidewalk or
driveway;
7. A bay-window on the front elevation;
8. Architecturally treated entranceways for residences without a front porch;
9. Garage doors containing windows of high standard and quality;
10. Overhang or soffit of at least eight (8) inches from exterior walls;
11. Transom windows;
12. A verandalbalcony;
13. Two or more roof planes;
14.
A brick accent area of at least twenty-five (25) percent of the area of the
front elevation (windows, doors, garage doors, accompanying frames and
any other openings are excluded from calculations of the area);
15. At least two (2) dormers;
16. At least two (2) feet of relief at two (2) or more points along the front
facade elevation, excluding relief for doors and windows and garage;
17. Side-loaded garages; and
18. Decorative shutters;
II. Chimnevs.
A. All chimneys located on the exterior of Detached Dwellings shall extend from the
ground to above the eaves and shall have masonry as their exterior building
material. All chimneys which protrude from inside the residences shall have
hardi-plank and/or EIFS as their exterior building material(s).
B. No exposed fireplace chimney pipes are allowed.
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III. Windows and Doors.
A. All doors shall be framed.
B. All windows shall be framed with a minimum of 1 x 4 trim wrap.
C. There shall be a minimum of two (2) windows per each occupiable floor on each
elevation, excluding gables, unless the elevation is one-and-a-half stories, in
which case it will be a requirement to put windows on gables. Windows on
garages shall also count toward this requirement. For example: If a residence has
two windows on the side elevation of a garage, those windows shall count toward
the minimum number of windows required on the side elevation.
IV. Porches.
A. A front porch shall be allowed on each Detached Dwelling and shall be consistent
in material and architectural design with that of the residence itself.
B. Columns shall be stylistically consistent with the architecture of the pnmary
structure.
C.
Porch posts, columns, and/or supports will be decorative in design and will serve
as structural support as necessary for the overall design of the residence.
V. Garages.
A. All Detached Dwellings shall have at least a two (2) car garage. The garage may
be either a front-loaded garage, a side-loaded garage, or a rear-loaded garage.
Any three (3) car driveway must taper to a maximum of sixteen (16) feet wide at
the lot line.
B. Side-load, courtyard, and rear-load garages will be permitted for Detached
Dwellings. Front-load garages will be permitted for residences; provided,
however, that the width of the garage door shall not exceed 30% of the length of
the front elevation, including the garage doors.
C. Side load or courtyard entry garages shall have at least two (2) windows located
on the front elevation of the garage.
VI. Roofs.
A. The primary roof shall be at a pitch of 6 vertical to 12 horizontal (6: 12); provided
however, that ancillary roofs may have a lesser pitch.
B.
Acceptable roofing materials include: architectural grade, dimensional
fiberglass/asphalt shingles, tile, slate, artificial slate, and cedar shake.
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C.
D.
Gutterboard overhangs shall be a minimum of twelve (12) inches.
Gable fly rafter overhangs shall be a minimum of six (6) inches.
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EXHIBIT
DEVELOPMENT STANDARDS - ATTACHED DWELLINGS
Minimum Height of Minimum Floor Area Per Maximum Lot Coverage Minimum Front Yard Minimum Perimeter Minimum Distance
Buildine;s Unit Yard Between Buildine;s
Unlimited 1200 sf 70% 10 ft. Oft. 10 ft
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EXHIBIT
Architectural Standards - Attached Dwellinl!:s and Apartinents.
I. BuUdinl!: Walls.
A. Attached hereto and incorporated herein by reference as Exhibit 8 are images,
renderings and elevations depicting character of Attached Dwellings to be
constructed upon the Real Estate.
B. Attached hereto and incorporated herein by reference as Exhibit 9 are images,
renderings, and elevations depicting the character of Apartments to be constructed
upon the Real Estate.
c. Front elevations should be clearly articulated through architectural details,
changes in building materials, off sets in front building facades, and/or vertical
design elements to accentuate the individual living units.
D. A minimum of two (2) materials shall be used for Attached Dwelling exteriors
from the following list: brick, cast stone, stone, cement fiberboard, stucco, glass,
wood, and vinyl windows and/or the equivalents thereof for all the foregoing.
Vinyl siding shall only be permitted for shake style accent areas.
E.
Building walls in the same plane may be built of no more than four materials and
may change material along a horizontal line, with the heavier material below the
lighter material.
II. Windows and Doors.
A. Wall openings shall be of traditional and classical proportions and shall be square
or vertical in proportion. Openings may be ganged horizontally and/or vertically
if separated by a mullion or structural support member that is at least 4" wide.
B. Windows and doors should be square or vertical in proportion. Transoms may be
oriented horizontally with panes that match other opening configurations.
C. Masonry row lock is required under all windows on the front elevation where a
masonry material is the primary fayade material.
D. All windows and doors shall be framed.
III. Porches.
A. Porches and stoops are permitted.
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B.
Columns shall be stylistically consistent with the architecture of the primary
structure.
C. Decks shall be located only in rear yards.
IV. Garae:es.
A. Each Attached Dwelling shall have a two car garage to accommodate required
parking. Apartments are not required to have garages.
B. Minimum garage bay depth shall be twenty (20) feet.
V. Roofs.
A. Acceptable materials: Architectural grade, dimensional fiberglass/asphalt
shingles, tile, slate and artificial slate.
B. The minimum roof pitch shall be 5: 12 unless otherwise stated.
C. Roofs over breezeways, stoops, porches, etc. will be considered at a lower pitch
as long as they are not 20% of the total roof area and have a minimum pitch of
3:12.
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D.
Gutter board overhangs shall be a minimum of twelve (12) inches.
E. Gable fly rafter overhangs shall be a minimum of six (6) inches.
F. No exposed fireplace chimney pipes are allowed.
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EXHIBIT
DEVELOPMENT STANDARDS-APARTMENTS
Minimum Height of Minimum Floor Area Per Maximum Lot Coverage Minimum Front Yard Minimum Perimeter Mimimum Distance
Buildin2s Unit Yard Between Buildine:s
Unlimited 750 sf 70% ft. Oft. 10 ft
LEGEND
ft = Feet
sf= Square Feet
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EXHIBIT
Architectural Standards - Attached Dwellinl!s and Apartments.
I. BuUdinl! Walls.
A. Attached hereto and incorporated herein by reference as Exhibit 8 are images,
renderings and elevations depicting character of Attached Dwellings to be
constructed upon the Real Estate.
B. Attached hereto and incorporated herein by reference as Exhibit 9 are images,
renderings, and elevations depicting the character of Apartments to be constructed
upon the Real Estate.
C. Front elevations should be clearly articulated through architectural details,
changes in building materials, off sets in front building facades, and/or vertical
design elements to accentuate the individual living units.
D. A minimum of two (2) materials shall be used for Attached Dwelling exteriors
from the following list: brick, cast stone, stone, cement fiberboard, stucco, glass,
wood, and vinyl windows and/or the equivalents thereof for all the foregoing.
Vinyl siding shall only be permitted for shake style accent areas.
E.
Building walls in the same plane may be built of no more than four materials and
may change material along a horizontal line, with the heavier material below the
lighter material.
II. Windows and Doors.
A. Wall openings shall be of traditional and classical proportions and shall be square
or vertical in proportion. Openings may be ganged horizontally and/or vertically
if separated by a mullion or structural support member that is at least 4" wide.
B. Windows and doors should be square or vertical in proportion. Transoms may be
oriented horizontally with panes that match other opening configurations.
C. Masonry row lock is required under all windows on the front elevation where a
masonry material is the primary fayade material.
D. All windows and doors shall be framed.
III. Porches.
A. Porches and stoops are permitted.
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B.
Columns shall be stylistically consistent with the architecture of the primary
structure.
c. Decks shall be located only in rear yards.
IV. Gara2cs.
A. Each Attached Dwelling shall have a two car garage to accommodate required
parking. Apartments are not required to have garages.
B. Minimum garage bay depth shall be twenty (20) feet.
V. Roofs.
A. Acceptable materials: Architectural grade, dimensional fiberglass/asphalt
shingles, tile, slate and artificial slate.
B. The minimum roof pitch shall be 5:12 unless otherwise stated.
C. Roofs over breezeways, stoops, porches, etc. will be considered at a lower pitch
as long as they are not 20% of the total roof area and have a minimum pitch of
3:12.
D.
Gutter board overhangs shall be a minimum of twelve (12) inches.
E. Gable fly rafter overhangs shall be a minimum of six (6) inches.
F. No exposed fireplace chimney pipes are allowed.
H:lbradIZoning & Real Estate MattersIPLA TN M\Earlham\ExhibiIS\ 7 - Archile<:tw"aI Standards - Attached Dwellings.doc
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EXHIBIT
DEVELOPMENT STANDARDS - OFFICE AND RETAIL
Minimum Minimum Minimum Minimum Minimum Minimum Maximum Minimum Minimum Maximum
Lot/Parcel Lot Front Side Rear Lot width Building Building Square Parcel
Area Frontage Yard Yard Yard at Height Height FootageI Coverage
at Street Setback Setback Setback Building I Gross
Line Floor
Area
Mixed
Use nla 25 ft 10 ft Oft 5ft nla 60 ft 2 Stories 2500 sf nla
Area
Retail
Mixed
Use 5,000 sf 25 ft 10ft 5ft 5ft nla 60 ft 2 Stories 2500 sf nla
Area
Office
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ExclUSIve of Porches, Terraces, and Garages
H:\brad\Zoning & Real Estate Matters\PLA TNM\Legacy (Earlham)\Exhibits\lO - Development Standards - Office & Retail. CCRC.doc
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EXHIBIT
Architectural Desie:n Requirements ADPlicable to Office and Retail Development.
I.
Desie:n Catee:ories. In order to better identify the specific design intent for each one of
the components of the commercial aspect of the Legacy District, these guidelines are
divided into design categories associated with the different type of uses. The following is
a list of such categories:
A. Offices
B. Retail
C. Entertainment/Restaurants
D. Exterior Materials
E. Character Exhibits
F. Amenities
II. Office Areas.
A.
Purpose. The purpose of these Architectural Guidelines IS to establish the
character, value, look, and style of the office buildings.
B. General Requirements. Any building structure or use of land, when erected or
enlarged, shall provide architectural elements within the following provisions of
this section II. The builder shall submit to the Developer for review and approval
all proposed building elevations with all exterior materials specified.
C. Design Standards. All office buildings shall be in accordance with the following
standards and specifications:
I. A minimum of three (3) materials shall be used for building exteriors from
the following list: stone, brick, architectural pre-cast (panels or detailing),
structural concrete panels, exterior insulated finish system, architectural
metal panels, glass, ornamental metal. Concrete block is not a permitted
exterior finish material.
2. All buildings, except one-story buildings, shall be designed with a
minimum of six (6) external comers, in order to eliminate monotonous,
box-shaped buildings.
3.
Any building with a sloped roof shall extend with "overhangs" a minimum
of twelve (12) inches on all sides of the building.
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4.
Any sloped roofs shall be a maximum of one hundred (100) feet without a
change in roof plane, or gable or dormer.
5. Any sloped roofs shall be clad with either standing-seam metal or
dimensional "Shaped" asphalt/fiberglass shingles.
6. Building penthouses must be incorporated into the building fa~ade design,
including exterior materials specifications.
7. Parking areas shall be planned to accomplish a desirable transition with
the streetscape and to provide for adequate planting, safe pedestrian
movement, and connection to the District pedestrian pathway/walkway
system.
D. Office Above Retail. In addition to the requirements of the freestanding office,
the offices above retail shall include the following:
1. A definable entry lobby accessible to parking.
2. Building facades of the upper floor office shall integrate with the retail
shops.
3.
The use of fenestration and balconies shall be maximized to draw attention
to activity of the offices.
III. Retail - ShODOio2.
A. Retail and service-oriented shops shall enhance the Legacy District's identity and
provide useful amenities to inhabitants and visitors alike. The presence of retail
stores shall give a friendly appearance by creating variety and expanding the
range of site activities. Windows and window displays of such stores should be
used to contribute to the visual interest of exterior facades.
B. The design of retail shops shall give careful attention to detail at the storefront
level, and include the following:
1. Appropriately scaled entryway features including windows, doors, portals,
arcades, recesses, and overhanging projections.
2. Attention to appropriate signage and lighting.
3.
Users shall be encouraged to have large quantities of transparency of
storefronts and glazing, between piers, at a height varying from between 8
feet and 14 feet from grade, as determined in the Controlling Developer's
discretion. Large expanses of blank walls shall be minimized.
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4.
Display windows shall be carefully designed and maintained and shall
include frames and base elements.
5. F~ade materials shall be aesthetically pleasing and compatible with
materials and colors used throughout the retail area of the Mixed Use
Area.
C. Awnings or canopies above storefronts are necessary to protect shoppers from
natural elements and will be encouraged throughout the Legacy District.
D. All roof equipment must be screened from the pedestrian view. Sight line studies
must be completed at all grade changes to insure equipment concealment.
E. The parapet height for a one-story building shall be a minimum of 20' at the
Primary Facades and a minimum of 18' at the Secondary Facades.
F. Retail Canopy Construction.
1. A minimum of eight feet clear width shall be maintained from storefront
line to inside face of canopy column.
2.
A minimum of two feet from face of curb to outside face of canopy
column shall be maintained.
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3. A minimum ceiling height often feet shall be maintained.
G. Retail-- Miscellaneous.
1. Outside storage, except for materials contained within garden area fences,
is prohibited.
2. Openings to truck staging areas and loading docks shall be constructed
perpendicular to adjacent public streets. They shall be obscured by a wall
or enclosure measuring a minimum of six (6) feet in height or two (2) feet
above the height of the structure being screened, whichever is greater.
The exterior building materials of all such walls or enclosures shall be
consistent with the exterior building materials of the primary building.
Neither truck staging areas nor loading docks may be located in the front
of any building. Gas meters, hearing and air conditioning units and
electrical meters, along with all other mechanical equipment, shall also be
screened from public view, wherever possible. All trash dumpsters shall
be screened with building materials consistent with exterior building
materials of the primary building and wood or metal gates.
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3.
Exterior exposed fire escapes, exposed service stairs or ladders, radio or
television towers, and antennae or satellite receivers are not permitted
unless expressly allowed by the Controlling Developer.
4. Drive-through services and windows are permitted for pharmacies, and
drive-through services, windows, and A TM machines are permitted for
financial institutions; provided, however, that all drive-through facilities
and windows shall not be located on the building elevation adjacent to a
public street, and shall be constructed of the same building materials as the
primary structure to which it is connected.
IV. Retail EntertainmentlRestaurants.
V.
A. Restaurants are an important component of the fabric of the Legacy District.
They provide indoor as well as outdoor activity and generate a sense of place.
B. Prototype identity for established restaurants shall be compatible with the rest of
the Legacy District. Service areas and rear facades shall be properly designed to
maintain visual quality.
C. Outdoor seating areas and patios are permitted and shall be encouraged.
D.
Openings to truck staging areas and loading docks shall be constructed
perpendicular to adjacent public streets. They shall be obscured by a wall or
enclosure measuring a minimum of six (6) feet in height or two (2) feet above the
height of the structure being screened, whichever is greater. The exterior building
materials of all such walls or enclosures shall be consistent with the exterior
building materials of the primary building. Neither truck staging areas nor
loading docks may be located in the front of any building. Gas meters, hearing
and air conditioning units and electrical meters, along with all other mechanical
equipment, shall also be screened from public view, wherever possible. All trash
dumpsters shall be screened with building materials consistent with exterior
building materials of the primary building and wood or metal gates.
E. Unusual exhaust and mechanical apparatus shall be carefully incorporated into the
architecture of the buildings.
F. As indicated in section IV, a maximum of only one (1) restaurant may utilize both
a drive-through service and a menu board. Such drive-through window and menu
board, however, shall not be located on the building elevation adjacent to a public
street.
G. All restaurants shall be permitted to provide carryout services.
Materials and Exterior Duildin!: Finishes. All buildings shall be designed and
constructed to follow a consistent architectural theme with building materials and colors.
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All exterior sides of the buildings shall be finished in approved materials and colors. The
selection of materials for Mixed Vse Area of the Legacy District shall be evaluated based
on their permanence, ability to withstand weather conditions and visual appearance.
Materials located in close contact with the public shall be more authentic in character,
whereas materials placed above 8 feet may be more synthetic in nature.
A. The following is a list of acceptable materials:
1. Face brick
2. C.M.V. (concrete masonry units)
3. Splitface; scored split, scored smooth or fluted masonry units
4. Quik Brik (brick look type C.M.V.)
5. Glass block
6. Poured concrete
7. Pre-cast concrete
8. Cast stone
U 9. Colored/decorative concrete
10. Limestone
11. Simulated stone
12. E.I.F.S.
13. Terracotta
14. Stained wood
15. Stucco
16. Glass (clear, color, sand blast, etched, etc.)
17. Storefront (aluminum, wood, steel)
18. Curtain wall
19. Exposed structure
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21. Porcelain and/or ceramic tile
22. Textured paint
23. Clay or colored concrete roof tiles
24. Dimensional asphalt shingle roof
25. Standing seam metal roof
26. Slate roof
27. Synthetic slate roof
B.
Primary Facades. All primary facades of a building shall be designed with
consistent style, detail and trim features. No building fa~ade shall extend for a
distance greater than two (2) times its average height without a vertical offset,
material change or color and texture change. No building fa~ade shall extend for
a distance greater than five (5) times its height without a change in elevation or
substantial horizontal band. Articulation may also be achieved by a variety of
roof planes and/or slopes. Primary facades shall incorporate building elements
such as lighting fixtures and changes in wall surfaces such as awnings, canopies,
alcoves, accents, windows, a variety of entry configurations, cornices, pilasters,
columns or other building elements that contribute to the human scale of the
building.
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C. Secondary Facades. Side and rear facades shall be finished in similar colors as
the primary facades. Secondary facades immediately adjacent to a primary f~ade
shall wrap around the building by incorporating building materials and detailing
of the primary fa~ade, for a minimum of 30 percent of the overall wall length,
measured from the primary fa~ade. No building fa~ade shall extend for a distance
greater than three (3) times its average height without a vertical offset, material
change, color change or texture change. Secondary facades shall incorporate
building elements such as pilasters, wainscots, accent banding or other building
elements that contribute to the appropriate scale of the building.
VI. Character Exhibits. Attached hereto and incorporated herein by references as Exhibit
12 are typical images, renderings, and elevations depicting the character of buildings to
be constructed within the Mixed Use Area.
VII.. AmenitieslPedestrian Furniture.
A.
The selection of architectural amenities shall be complimentary to the
architectural character of the order in which they are located. The amenities shall
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convey a sense of wannth and comfort and be visually appealing and properly
integrated into the fabric of the center. The materials used for the selected
amenities shall be durable and functional.
B.
Approval for user provided amenities shall be at the sole discretion of the
Controlling Developer.
C.
Amenities shall be permitted within the public right-of-way, so long as a walking
path with a minimum width of five (5) feet is maintained. Amenities are
permitted and shall include, without limitation, the following:
1. Benches
2. Ash receptacles
3. Trash receptacles
4. Decorative poles with fabric banners
5. Bike racks
6. Fountains
7. Gazebo
8. Tower structures
9. Pedestrian walkway/trailway
10. Music systems
11. Flag poles
12. Plaques
13. Phone enclosures
14. Tables/Umbrellas
15. Valet parking booths
16. Clocks
17. Advertising panels
18. Carts and kiosks
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19.
Customer service booths
20. Vending
21. A TM enclosures
H:\bnd\Zooing &; Real Es1ale Matters\PLA lNM\EarlhamlExhibitslI1 - Arcbitectw'al Guidelines. Office &; Retail.doc
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EXHIBIT
DEVELOPMENTSTANDARDS-CCRC
Minimum Minimum Minimum Maximum Maximum Minimum Maximum Maximum
Tract Area Front Yard Rear Yard Parcel Gross Floor Side Yard Building Building
Setback Setback Coverage Area Setback Height - Height -
Attached Detached
110 ac. 10 ft. 5 ft. 40% n/a 5 ft. 60 ft. 35 ft.
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DedIcated land for addItional nght-of-way along eXIstmg streets as part of an apphcatlOn for approval of a CCRC shall be counted as
part of minimum tract area. Minimum tract area may also include contiguous lands in adjoining zones if such lands are restricted to
undisturbed open space.
LEGEND:
ft = Feet
n/a = Not Applicable
sf= Square Feet
ac = Acres
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" - USE TABLE
LEGEND
P = Permitted
Blank = Not Permitted
SU = Special Use
Block A = The Detached Residential Use Block(s)
Block B = The Detached and Attached Residential
use Block( s)
Block C = The Attached Residential Use Block
LEGEND CONTINUED
Block D = The Office/Mixed Use Block
Block E = The Village Core Use Block
Block F = The Comer Retail Use Block
Block G = The Open Space Use Block
Residential Uses Block A Block B Block C Block D Block E Block F Block G
Single Family Dwellina p p P
Two Family Dwellina p p
Multiole Familv Dwellina/Aoartment Complex p p
Detached Dwellina p p p
Accessory Dwellina p p p
Attached Dwellina SU p P P P
Home Occuoation p p p p
Bed & Breakfast Inn p p p p
Model Home p p p p p p
Guest House p
Boardina or Lodaina House p p
Nursing/Retirement/Convalescent
Facilitv/CCRC p p p p p
Private Swimmina Pool, etc p p P
Loft P P P
Office Uses Block A Block B Block C Block D Block E Block F Block G
Clinical or Medical Health Center p p p
Research Laboratory or F acilitv p p p
General Offices p p p
Professional Offices p P P
Trainina Facility p p p
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Institutional Uses Block A Block B Block C Block D Block E Block F Block G
ChurchfTemple/Places of Worship SU SU su p p p
Hospital p p p
SurQerv Center p p p
UrQent Care Facility p p p
Rehabilitation Facility p p p
Physical/Occupational Care p p p
Library SU p p P
Post Office SU p p P
Public Service Facility SU p p p
Educational Uses Block A Block B Block C Block D Block E Block F Block G
School, Trade or Business p p p
ColleQe or University p p p
Day Nurserv/Day Care p p p
KinderQarten/Preschool p p P
School of General Elementary or Secondary
Education p p p
Retail & Service Uses Block A Block B Block C Block D Block E Block F Block G
General Retail Sales p p p
General Service p p p
Automobile Service Station/Gas Station p p
AutomobilefTruck Reoair (indoor) p p
Cafe SU p p p
Delicatessen SU p p p
Coffee Shop SU P P P
Commercial Kennel p
Dry CleaninQ Establishment(w/on-site plant) p p
Car Wash p p
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Dry Cleaning Establishment (w/out on-site
plant) SU p p p
Equipment Sales/Repair (indoor) p p
Financial Institution (with drive-thru) p p
Financial Institution (without drive-thru) SU p P P
Automated Teller Machine (ATM) su p p P
Food Stand SU p P
Funeral Home/Mortuary/Crematorv p p
Roadside Sales Stand p p
Self-Service Laundrv p p
Veterinary Hospital with commercial kennel
Veterinary Hospital without commercial kennel
p p
Wholesale Sales p p
Cultural/Entertainment Uses Block A Block B Block C Block D Block E Block F Block G
Art Gallery p p
Art & Music Center p p
Hotel p p
Hotel (full service) p p
Indoor Theater p p
Outdoor Theater p p
Catering Establishment p p
Restaurant, without drive-thru sales SU p p p
Restaurant. with walk-up/drive-thru food sales p p
Meeting or Party Hall p p p
Museum p p
Tavern/Night Club SU P P P
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Recreational Block A Block B Block C Block D Block E Block F Block G
Commercial Recreational Facility, Indoor
p p
Commercial Recreational FacilitY: Outdoor
Community Center p p p p
Country Club p P
Golf Course
Health/Fitness Facility p p p p
Private Club or Lodae p p
Private Recreational Facilitv p p
Park, Public p P P
Miscellaneous Block A Block B Block C Block D Block E Block F Block G
Artificial Lake or Pond (non-olatted) P P P P P P P
Commercial Parkina Lot
Commercial Parkina Structure P P
Private Parkina Structure P P
Temporary Uses Block A Block B Block C Block D Block E Block F Block G
Construction Facility p p p p p p p
Displav, Outdoor p p p p
Model Homes p p p p p p
Sales, Outdoor p p p
Sales, Seasonal Outdoor p p p
Special Event, Outdoor p p p
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Transportation & Communication Uses Block A Block B Block C Block D Block E Block F Block G
Antenna2 p p p
Collocated Antenna2 P P P
Radio and/or Television Studio P P P
RadiofTelevision Transmission Antenna2 P P P
Wireless Telecommunications Antenna2 P P P
Private Helicopter Landing/Service Facility p
2 If visually integrated with or camouflaged on or within another structure (including but not limited to a chimney stack, church spire, light
standard, monument, penthouse, power line support device, or clock tower
H:\brad\Zoning & Real Estate Matters\PLATNM\Legacy (Earlham)\Use Table.doC
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11711 N.PENNSY"....VAN1"AVE SUITE260
CARMEl.. IN 46032
P:317.57U\692
F: 317.500.9786
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CARMEL. INDIANA
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EXHIBIT .
River Parcel - Legal Description
A part of Section 23 and Section 24, Township 18 North, Range 4 East of the 2nd Principal Meridian, Clay
Township, Hamilton County, Indiana, described more particularly as follows:
Commencing at the northeast comer of said Section 23 thence North 89 degrees 15 minutes 40 seconds West
(assumed bearing) along the north line of the Northeast Quarter of said Section 23 a distance of337.40 feet;
thence South 20 degrees 07 minutes 12 seconds West a distance of 149.74 feet to the southwest intersection of the
rights-of-way of 146th Street and River Road as described in Instrument No. 200100065741 in the Office of the
Recorder of Hamilton County, Indiana; thence South 86 degrees 23 minutes 21 seconds East a distance of 130.67
feet to the Point of Beginning being the southeast intersection of said rights-of-way for 146th Street and River
Road (the following eight courses being along the southerly right-of-way of 146th Streetper said Instrument No.
200100065741); (1) thence South 89 degrees 15 minutes 53 seconds East a distance of 423.63 feet to a point on a
non-tangent curve to the left having a radius of 6650.26 feet, the radius point of which bears North 00 degrees 44
minutes 08 seconds East; (2) thence easterly along said curve an arc distance of 596.98 feet to a point which bears
South 04 degrees 24 minutes 28 seconds East from said radius point; (3) thence North 81 degrees 27 minutes 58
seconds East a distance of 136.79 feet to a point on a non-tangent curve to the right having a radius of 6482.94
feet, the radius point of which bears South 04 degrees 24 minutes 29 seconds East; (4) thence easterly along said
curve an arc distance of 556.05 feet to a point which bears North 00 degrees 30 minutes 23 seconds East from
said radius point; (5) thence South 89 degrees 29 minutes 37 seconds East a distance of 126.94 feet; (6) thence
South 86 degrees 38 minutes 21 seconds East a distance of 558.90 feet; (7) thence North 84 degrees 36 minutes
40 seconds East a distance of 110.62 feet; (8) thence North 89 degrees 25 minutes 33 seconds East a distance of
238.80 feet; thence continuing on the easterly extension of said right-of-way North 89 degrees 25 minutes 33
seconds East a distance of 115.74 feet to the middle of White River (the following two courses being along the
middle of White River); (1) thence South 03 degrees 25 minutes 34 seconds West a distance of868.05 feet;
(2) thence South 17 degrees 02 minutes 49 seconds West a distance of 564.64 feet; thence North 90 degrees 00
minutes 00 seconds West a distance of3212.80 feet to the easterly right-of-way of River Road per said Instrument
No. 200100065741 being a point on a non-tangent curve to the right having a radius of 1443.57 feet, the radius
point of which bears South 66 degrees 45 minutes 59 seconds East (the following five courses being along said
easterly right of way); (1) thence northeasterly along said curve an arc distance of 311.27 feet to a point which
bears North 54 degrees 24 minutes 43 seconds West from said radius point; (2) thence North 35 degrees 35
minutes 17 seconds East a distance of 426.04 feet to a point on a tangent curve to the left having a radius of
820.21 feet, the radius point of which bears North 54 degrees 24 minutes 43 seconds West; (3) thence northerly
along said curve an arc distance of 507.62 feet to a point which bears South 89 degrees 52 minutes 19 seconds
East from said radius point; (4) thence North 00 degrees 07 minutes 41 seconds East a distance of258.32 feet; (5)
thence North 34 degrees 37 minutes 42 seconds East a distance of27.30 feet to the Point of Beginning,
containing 95.82 acres, more or less.
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EXHIBIT 15
The Legacy
Street Standards
The following standards shall apply to The Legacy:
4.
5.
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1. Pavement sections shall be as shown on the following sheet.
2. Roadways and pedestrian walks & paths, both public and private,
are permitted within the "Open Spaces" at Developer's discretion.
3. Utilities, irrigation systems, signage, lighting and similar
infrastructure may be located within the public rights-of-way at
Developer's discretion.
The minimum horizontal centerline radius for public streets shall
be no less than 100 feet.
The minimum cul-de-sac radius to back of curb for public streets
shall be no less than 38 feet.
The maximum length of a cul-de-sac street shall not exceed 750
feet.
Concrete sidewalks shall be a minimum of four (4) feet wide, 4
inches thick, placed on grade.
Pedestrian asphalt paths shall have a pavement section consisting
of 110 lbs/sy of # 11 bituminous surface placed over 200 lbs/sy of
#8 bituminous binder placed over 5" of compacted #53 aggregate
base to a width at Developer's discretion.
9. Concrete infrastructure cure time shall be at Developer's
discretion.
10. Placement of asphalt pavement during cold weather conditions
shall be in accordance with INDOT specifications.
THE LEGACY
PAVEMENT SECTIONS
1.5" H.A.C. SURFACE #11
2" HAC. BINDER #8
3" HAC. BASE #5D
'H.t'~.~i~.I.'~f~~?t?:' 7" COMPACTED #53 STONE
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PAVEMENT SECTION #1
NOT-TO-SCALE
1.5" H.A.C. SURFACE #11
2" HAC. BINDER #8
3" HAC. BASE #5D
9" COMPACTED STONE BASE
7" - #53 STONE
2" - #2 STONE
COMPACTED SUBGRADE
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PAVEMENT SECTION #2
NOT- TO-SCALE
1" HAC. SURFACE #11
3.5" H.A.C. BINDER #8
8" COMPACTED #53 STONE
COMPACTED SUBGRADE
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NOT-TO-SCALE
6" PLAIN CONCRETE
COMPACTED SUBGRADE
6" PLAIN CONCRETE
COMPACTED SUBGRADE
6" PLAIN CONCRETE
COMPACTED SUBGRADE