Packet 10-24-06
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
JAMES J. NELSON
CHARLESD.FRANKENBERGER
JAMES E. SHINA VER
LA~NCEJ. KE~ER
JOHN B FLATI
FREDRIC LA ~CE
DAVID J. LICHTENBERGER
Of Counsel
JANE B. MERRILL
3105 EAST 98111 STREET
SUITE 170
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
October 19, 2006
Carmel Department of Community Services
One Civic Square
Carmel, IN 46032
RE: The Legacy District - Additional Special Studies Committee Meeting
Dear Special Studies Committee Member:
This three-ring binder contains the revised exhibits to the PUD Ordinance, and
beneath this letter are (i) the revised body of the PUD Ordinance and (ii) a summary of
different uses permitted in the seven different use blocks.
We look forward to presenting this during the additional Special Studies
Committee Meeting scheduled for 6:00 PM on Tuesday, October 24, 2006, and we very
much appreciate the accommodation of this additional meeting. In the interim, please do
not hesitate to call with any questions or comments. Thank you for your time.
Very truly yours,
NELSON & FRANKENBERGER
C 4..... /. ~
Charles D. Frankenberger
CDF/bt
enclosure
H:-.,.4 RcaI_MaI1mII'LA~ (I!adIIam)\Llr1O Spc _ CommiIloo IOI906.doc
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Sponsor:
DRAFT 10/19/06
CARMEL, INDIANA
The Legacy
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE NO. Z- -06
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Section 1. Applicability of Ordinance............................................................................................. 5
TABLE OF CONTENTS
Section 2. Definitions and Rules of Construction. ........................................................................ 6
Section 3. Accessory Buildings and Uses.................... ......................................................... 12
Section 4. Suburban Residential Use Block(s)...... ...................................................................... 12
Section 5. Neighborhood Residential Use Block( s ).. .... .............................................................. 13
Section 6. Urban Residential Use Block......................... ...................................................13
Section 7. Primary Office Use Block(s) ........................................................................................ 13
Section 8. Village Core Use Block........................ .............................................................14
Section 9. Comer Retail Use Block......................... ..........................................................15
Section 10. Continuing Care Retirement Community ...................... ....................................15
Section 11. Open Space Use Block... .............................................................................................. 16
Section 12. Streets........................ ........................................................................................17
Section 13. Landscaving Requirements......................... ......................................................18
Section 14. Lighting... ........... .... ... . ... ....................................................................................21
Section 15. ~.. ..... .. ....... .. .... . ...........................................................................................22
Section 16. Parking........................... ..................................................................................22
Section 17. Maximum Unit Limitations..... .................................................................................... 23
Section 18. Homeowners Association and Declaration of Covenants... ............ ... .., ...... ....24
Section 19. Approval Process... ... ... ..... ....................................................................................24
Section 20. Controlling Developer's Consent....... ....................................................................26
Section 21. River Developable ParceL.. .. . ... ... ...... ..... .... ......... .. .... ........................ .26
Section 22. Violations................. ...........................................................................................26
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Legal Description
Concent Plan.
Bicycle and Pedestrian Plan
Onen Space Plan
Environmental Systems Plan
Streets
A. Street Plan
B. Street Sections
C. Street Standards
Larger Detached Dwellings
A. Development and Architectural Standards
B. Character Illustrations
Smaller Detached Dwellings
A. Development and Architectural Standards
B. Character Illustrations
Attached Dwellings and Apartments
A. Development and Architectural Standards
B. Character Illustrations
Exhibit 10. Commercial Buildings
A. Development and Architectural Standards
B. Character Illustrations
Exhibit 11. Comer Retail
Exhibit 1.
Exhibit 2.
Exhibit 3.
Exhibit 4.
Exhibit 5.
Exhibit 6.
Exhibit 7.
Exhibit 8.
Exhibit 9.
SCHEDULE OF EXHIBITS
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A. Character Illustrations
Exhibit 12. CCRC Multi Unit Building
A. Development and Architectural Standards
B. Character Illustrations
Exhibit 13.
Exhibit 14.
Exhibit 15.
Exhibit 16.
Exhibit 17.
Exhibit 18.
ODen Space Character lllustrations
Use Table
Typical Street Lighting
Typical Residential Area Signage
River Parcel Legal Description
Street Scapes
A. 146th Street Scape
B. Main Street Scape
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Sponsor: Councilor
ORDINANCE NO.
AN ORDINANCE OF mE 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 ofI.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 Zone Map 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.
Applicabilitv of Ordinance.
Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a planned
unit development district to be known as the 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 or inconsistency between this Legacy Ordinance and the Zoning Ordinance, the
provisions of this Legacy Ordinance shall apply.
Section 1.3 Any capitalized term not defined in Section 2 of this Legacy PUD shall
have the meaning as set forth in the Zoning Ordinance in effect on the date of the
enactment of this Legacy Ordinance.
5
Section 2.
Defmitions 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.
Accessory Structure: A structure subordinate to a Building or use located on the
Real Estate which is not used for permanent human occupancy.
Accessory Use: A use subordinate to the main use, located on the Real Estate or
in the same Building as the main use, and incidental to the main use.
Aggregate Side Yard: The sum of the widths of the two (2) side yards located on
one (1) lot.
Alley: A private right-of-way or easement located through the interior of blocks
and providing vehicular and service access to the side or rear of properties.
Amenity Area: An area containing recreational facilities including, without
limitations, anyone or a combination of the following: (i) a swimming pool, (ii) a
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bath house with changing rooms and storage, (Hi) proposed equipment, (iv) tennis
courts, (v) basketball courts, (vi) bocce ball courts, (vii) indoor and/or outdoor
workout areas, and (viii) any other recreational facilities approved by the
Director.
Apartment. A Dwelling intended primarily for rental.
Apartment 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.
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.
Block(s): Anyone or any combination of (i) the Suburban Residential Use Block,
(ii) the Neighborhood Residential Use Block, (iii) the Urban Residential Use
Block, (iv) the Primary Office 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: A structure having a roof supported by columns and walls, for the
shelter, support, enclosure or protection of persons, animals, chattel, or property.
Separate but attached units within a Building, separated by party walls, shall be
considered part of the same Building and not separate Buildings.
Building Height: The vertical distance from the lot ground level to the highest
point of the roof for a flat roof, to the deck line of a mansard roof and to the mean
height between eaves and ridges for gable, hip, and gambrel roofs.
BZA: The City's Board of Zoning Appeals
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 support services and facilities,
including without limitation, (i) indoor recreation (including swimming pool,
solarium and lounges), (ii) physical therapy, (iii) entertainment rooms, (iv)
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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, (xiii) hair stylistfbarber shop, and (xiv)
assisted living and/or nursing beds.
CCRC: See Continuing Care Retirement Community
CCRC Cottage: A Detached Dwelling or an Attached Dwelling occupied by one
or more CCREresident(s) which is not part of the CCRC Multi-Unit Building.
CCRC Multi-Unit Building: The primary CCRC Building containing multiple
apartment-style Attached Dwellings occupied by CCRC residents. A CCRC
Multi-Unit Building may also contain support services and facilities specified in
the above defInition of a Continuing Care Retirement Community.
CCRC Resident: A senior citizen who is entitled by contract to receive
, continuing care in a Continuing Care Retirement Community.
City: The City of Carmel, Indiana.
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
plan(s) 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, and/or floors/ceilings. Condominiums may 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 Developer: Shall mean East Carmel, LLC, until such time as East
Carmel, LLC transfers or assigns, in writing, its rights as Controlling Developer.
Such Rights 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 (iii) 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".
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Council: The City Council of the City of Carmel, Indiana.
County: Hamilton County, Indiana.
Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate, or any portion thereof, which shall be recorded in
the office of the Recorder of Hamilton County, Indiana, and which may, from
time to time, be amended.
Department. The Department of Community Services of the City of Carmel,
Indiana.
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.
DeveloDment. The Real Estate developed in accordance with the Development
Requirements.
Development Reauirements: 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 Open 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 DeveloDment 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
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.
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Landscaping: Trees, shrubs, hedges, flower~, ground covers, grasses, other plant
materials, and associated structures and improvements.
Loft. One or more rooms connected together and located above the 15t floor of
any building in the Primary Office Use Block or the Village Core Use Block,
which (i) 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
(ii) include lawful cooking, eating, sleeping space, and sanitary facilities reserved
solely for occupants thereof. All lofts shall be a minimum of seven hundred fifty
(750) square feet.
Masonry: Brick, stone, cultured stone, stucco, synthetic stucco, and/or EIFS.
Material Alteration: Any change to an approved plan of any type that involves
the substitution of one material, species, element, etc. for another.
Main Street: The street, shown on Exhibit 2 (the "Concept Plan") that extends
north to south through the Village Core Use Block.
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.
Multi-Purpose Paths: A trail system which functions both as 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.
Nei2hborhood Residential Use Block: What is identified on the Concept Plan as
the "Neighborhood Residential Use Block(s)".
Open Space: 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 Legacy District
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.
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Open Soace 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,
excluding fences and walls not attached in any way to a roof, divided by the total
horizontal ground area.
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 Office Use Block: What is identified on the Concept Plan as the
"Primary Office Use Block".
Primary Roof: The roof on a Dwelling which has the longest ridge line.
Real Estate: The Real Estate legally described in Exhibit 1.
Recreational OlJen Space: Open Space that has been designed and designated for
active use. Such spaces include trails, nature viewing areas, plazas, ball fields,
accessible bodies of water for active use, dedicated trail networks, and
playgrounds.
River Develooable Parcel: A portion of the River Parcel east of and adjacent to
River Road, comprising between eleven (11) and fifteen (15) acres, more or less,
and not identified on the Concept Plan as "SI (Carmel Zoning Ordinance)". The
size and configuration of the River Developable Parcel may vary from what is
depicted on the Concept Plan.
River Parcel: That portion of the real estate located east of River Road, including
approximately 95.82 acres, legally described in Exhibit 17, and comprising part of
the Open Space and the River Developable Parcel.
IDgn: Any type of sign as further defmed and regulated by this Legacy Ordinance
and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-I96, as
amended.
Subdivision Control Ordinance: Carmel/Clay Subdivision Control Ordinance,
No. Z-I60, as amended.
Suburban Residential Use Block: What .is identified on the Concept Plan as
"Suburban Residential" Use Block".
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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.
Townhome: A single family Attached Dwelling that is attached vertically and
provides for individual unit access. Units share party walls, but ownership can
include small yards.
Urban Residential Use Block (s): What is identified on the Concept Plan as the
"Urban Residential use Block(s)".
Village Core Use Block: What is identified on the Concept Plan as the "Village
Core Use Block".
Village SuPt>Orting Commercial Use: A small neighborhood serving retail/office
use whose primary clientele lives or works within close proximity of theLegacy
District. Such uses occupy less than two thousand five hundred (2,500) square
feet and must be pedestrian oriented in design and accessibility. All parking shall
be accommodated in the rear, sides, and on-street. These uses can be detached, or
integrated within a mix of other uses.
Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance.
Zoning Ordinance: Carmel/Clay Zoning Ordinance Z-289, as amended from time
to time.
Section 3. Accessory Duildin!!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. Suburban Residential 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, and the standards
and character exhibits for Attached Dwellings in Exhibit 7 (Attached Dwellings and Apartments)
shall apply to all Attached Dwellings approved by the BZA in Suburban Residential Use Block.
No more than 4 Attached Dwellings shall be permitted per structure. Home-based business is
permitted per the Zoning Ordinance.
Section 4.1 Permitted Uses are specified in the Exhibit 14 (Use Table).
Section 4.2 The applicable development and architectural standards are specified in
Exhibit 7 (Larger Detached Dwellings) and Exhibit 9 (Attached Dwellings).
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Section 4.3 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Dwellings, are contained within Exhibit 7 (Larger
Detached Dwellings) and Exhibit 9 (Attached Dwellings).
Section 5. Nei2hborhood Residential 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 Building and no more than 16 units shall be permitted per
Condominium Building. Home-based business is permitted as per the Zoning Ordinance.
Section 5.1 Permitted Uses are specified in the Exhibit 14 (Use Table).
Section 5.2 The applicable development and architectural standards are specified in
Exhibit 7 (Larger Detached Dwellings), Exhibit 8 (Smaller Detached Dwellings), and
Exhibit 9 (Attached Dwellings).
Section 5.3 The character illustrations, indicating conceptually the intended architecture
and appearance of Dwellings, are contained within Exhibit 7 (Larger Detached
Dwellings), Exhibit 8 (Smaller Detached Dwellings), and Exhibit 9 (Attached
Dwellings).
Section 6. Urban Residential Dwelline: Use Block. This Block is a village setting of
predominately Attached Dwellings and Apartments. No more than six (6) Dwellings shall be
permitted. per Townhome Building, no more than 16 Dwellings shall be permitted per
Condominium Building, and 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, and the standards and
character exhibits in Exhibit 14 (Commercial Buildings) shall apply to any Village Supporting
Commercial Uses located within this.
Section 6.1 Permitted Uses are specified in the Exhibit 14 (Use Table).
Section 6.2 The applicable development and architectural standards are specified in
Exhibit 8 (Smaller Detached Dwellings) and in Exhibit 9 (Attached Dwellings and
Apartments), and Exhibit 10 (Commercial Buildings).
Section 6.3 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Buildings and Dwellings, are in Exhibit 8 (Smaller
Detached Dwellings), Exhibit 9 (Attached Dwellings and Apartments), and Exhibit 10
(Commercial Buildings).
Section 7. Primary Office Use Block(s). This Block serves primarily office uses. This
Block serves as a transitional area to the adjacent Urban Itesidential Use Block(s), and permits a
limited amount of residential and retail. Dwellings in this Block may be Attached Dwellings and
Apartments, complying with the standards and Character Exhibits in Exhibit 9 (Attached
Dwellings and Apartments) and may be incorporated into office structures as Lofts. All retail
must be Accessory Retail, and no more than twenty percent (20%) of all non-residential square
13
footage of the Primary Office Use Block may be occupied by Accessory Retail uses. All such
Accessory Retail shall comply with the standards and character exhibits in Exhibit 10
(Commercial Buildings).
Section 7.1 Permitted Uses in this Section 7, are specified in Exhibit 14 (Use table).
Section 7.2 The applicable development and architectural standards are specified in
Exhibit 10 (Commercial Buildings) and Exhibit 9 (Attached Dwellings and Apartments).
Section 7.3 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Buildings, are contained within Exhibit 10 (Commercial
Buildings) and Exhibit 9 (Attached Dwellings and Apartments).
Section 7.4 All Buildings within this Block, other than Accessory Structures, shall have
a minimum of two (2) occupiable floors.
Section 8. Villa2e Core Use Block. The Village Core Use Block is the most intense activity
node of the Legacy PUD. This Block comprises single story and 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 Office and Lofts can be found on upper levels. The Block shall be
kept generally within its boundaries identified on the Concept Plan, . and shall not be extended
further east or west on 146th Street than as shown on the Concept Plan.
Section 8.1 The Permitted uses are specified in Exhibit 14 (Use Table).
Section 8.2 The applicable development and architectural standards are in Exhibit 10
(Commercial Buildings) Exhibit 8 (Smaller Detached Dwellings) and Exhibit 9
(Attached Dwellings and Apartments).
Section 8.3 The applicable character illustrations, indicating conceptually the
architecture and appearance of buildings, are contained in Exhibit 10 (Commercial
Buildings), Exhibit 8 (Smaller Detached Buildings), and Exhibit 9 (Attached Dwellings
and Apartments).
Section 8.4 A Plaza shall be located on Main Street, in the general vicinity of the red
asterisk shown on the Open Space Plan. This area will comprise a minimum of 750
square feet, and shall be a central gathering place for performances, festivals, and other
outdoor events. The Plaza will be distinguished by hardscaping, central landscaping, and
a fountain.
Section 8.5 Within the rectangular area which extends one hundred (100) feet south
from 146th Street Street, along the center line of Main Street, and which is one hundred
(100) feet in width on either side (east and west) of the centerline of Main Street (such
rectangular area being referred to as the "Core Area"), all Buildings shall have a
minimum of two (2) occupiable floors. Along Main Street south of the Core Area,
Buildings flanking Main Street may vary between multiple stories and one (1) story, so
14
long as (i) no continuous stretch of one (1) story Buildings exceeds thirty (30) percent of
the length of the segment of Main Street within the Village Core and (ii) the total lineal
feet of all one (1) story buildings flanking Main Street is less than fifty (50) percent of the
length of the segment of Main Street within the Village Core. Multi-story buildings are
encouraged around the Plaza.
Section 8.6 Buildings located on 146th Street, within one hundred (100) feet east or
west of the center line of Main Street, shall have at least two (2) occupiable floors, and
Buildings located on 146th Street, more than one hundred (100) feet east or west of Main
Street, may be only one (1) story in height and may be located on outlots.
Section 8.7 A rendering, illustrating the intended character of Main Street, is included
as Exhibit 18.
Section 9. Corner Retail Use Block. This Block is located on the southwest comer of 146th
Street and River Road.
Section 9.1 Permitted Uses are specified in Exhibit 14 (Use Table).
Section 9.2 . The applicable development and architectural standards are specified in
Exhibit 10 (Commercial Buildings) and Exhibit 9 (Attached Dwellings and Apartments).
Section 9.3 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Buildings, are contained in Exhibit 11 (Comer Retail) and
Exhibit 9 (Attached Dwellings and Apartments).
Section 10. Continuine: Care Retirement Community. The CCRC can be located anywhere
within the Legacy District, other than in the Suburban Residential Use Block, provided,
however, that no portion of the CCRC site may occupy more than 25% of the Village Core Use
Block.
Section 10.1 Permitted Uses are specified in the definition, in Section 2.2 above of a
Continuing Care Retirement Community and also in the Exhibit 14 (Use Table).
Section 10.2 The applicable development and architectural standards (i) for the CCRC
Multi-Unit Building are specified in Exhibit 12 (CeRC), (ii) and for the CCRC Cottages
are specified in Exhibit 8 (Smaller Detached Dwellings) and Exhibit 9 (Attached
Dwellings and Apartments.
Section 10.3 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of (i) CCRC Multi-Unit Building are in Exhibit 12 and (ii)
the CCRC Cottages are in Exhibit 8 (Smaller. Detached Dwellings) and Exhibit 9
(Attached Dwellings and Apartments).
Section 10.4 The CCRC site can range in size from between 10 acres and 35 acres.
15
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 Open Space can be developed Environmental Open Space, Recreational
Open Space, or a combination of both; provided, however, that any development by the
Open Space Block east of River Road shall include ball fields and shall be limited to
Recreational Open Space available for use by the community at large and the general
public. There shall be accessible and usable open space with a 5 minute walk (1/4 mile)
from all Dwellings within the Legacy.
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 for 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, such as 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 be a 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 Illustrations are included in Exhibit
13.
Section 11.8 Within this Block, in the area indicated on the Open Space Plan by a blue
asterisk, an Amenity Area shall be developed. This Amenity Area shall include one
outdoor pool with a minimum size of one thousand eight hundred (1,800) square feet, and
shall also include a minimum of two of the following selected by the Controlling
Developer:
A. A tot pool of at least two hundred (200) square feet;
B. A bath house with changing rooms and storage;
C. A playground with commercial grade play equipment;
D. One (1) lighted tennis court;
16
E. Two (2) half basketball courts;
F. A bocce ball court; and,
G. An indoor workout area at least 1200 feet in size; and
H. Other amenities which are approved by the Director.
Section 11.9 Exhibit 4 conceptually illustrates areas of Open Space, and Exhibit 3
conceptually illustrates Multi-Purpose Paths, Sidewalks and other pedestrian paths.
Section 12. Streets and Street Scaoes.
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 12.6 A rendering, showing the intended landscaping, setback, and massing of
buildings along 146th Street adjacent to the Primary Office Use Block and Village Core
Use Block, is included as Exhibit 18.
17
Section 13. LandscaDine: Reauirements. 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 City's 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.
A. 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. Alternate or pervious paving
material may be considered, or 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.
B. All trees, shrubs and ground covers shall be planted according to American
Standard for Nursery Stock (ANSI Z60.1), and following the standards and
best management practices (BMPs) published by the Department's Urban
Forestry Section. Landscaping materials shall be appropriate to local
growing and climatic conditions. Plant suitability, maintenance and
compatibility with site construction features are critical factors that should
be considered.
C. Shade trees shall be at least 2.5" in caliper diameter when planted.
Ornamental trees shall be at least 1.5" 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'.
D. The Developer shall conserve existing established trees identified on the
Environmental Systems Plan (Exhibit 5); however, said trees may be
removed under any of the following circumstances:
1. As is necessary to clear underbrush and dead trees;
2. As is necessary for the installation of access easements, rights-of-way,
streets, paths, sidewalks. utilities and drainage improvements,
infrastructure; and
3. As is necessary for public health and safety as determined in cooperation
with the Urban Forester.
E. Existing vegetation may be used to achieve project landscaping requirements
if (a) the vegetation located on subject parcel is of suitable quality and
18
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) landscaping per the requirements of Type "D"
Bufferyard (5 shade trees,S ornamental trees, and 27 shrubs per 100 linear feet) and a
thirty (30) foot green belt for portions of the perimeter that abut 146th Street, or (b) street
trees for portions of the perimeter which abut other existing public right-of-way or where
a public right-of-way is created via a proposed frontage road, or (c) landscaping per the
requirements of Type "B" BufIeryard (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.
For portions of the perimeter that abut 146th Street, the required plantings may be
grouped to allow view sheds into the Primary Office Use Block, Village Core Use Block,
and Comer Retail use Block, and these requirements may be computed as an average
across the total linear footage of frontage. Any street trees used to meet perimeter
landscape requirements shall meet all other standards provided in this Section 13.3. No
bufferyards or landscaping shall be required between or within the seven (7) different
blocks of the Legacy District.
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 fifty (50)
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
pathways. Where ample passage area is provided, tree planting areas shall be treated as
planting beds to soften the hardscape. Street trees shall not be required along and
adjacent to Alleys.
A. 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 City's Urban Forester in
mediating cost-effective solutions.
B. 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 Landscaping 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
19
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 may help fulfill bufferyard requirements where
applicable.
A. Within the Suburban Residential Use Block, building base landscaping for
each Building shall include a minimum of seven (7) shrubs and/or
ornamental grasses. Additionally, 2 shade trees and one ornamental tree
shall be planted for every home.
B. Within the Neighborhood Residential Use Block, building base landscaping
adjacent to the front elevation of each Building shall include a minimum of
five (5) shrubs and/or ornamental grasses. Additionally, one shade tree and
one ornamental tree shall be planted for every unit.
C. Within the Urban Residential Use Block, building base landscaping adjacent
to the front elevation of each Building shall include a minimum of five (5)
shrubs and/or ornamental grasses, one shade tree and one ornamental tree
shall be planted for every two (2) Townhomes. For all other Attached
Dwellings, 3 shade trees, 3 ornamental trees, and twenty-five (25) shrubs
shall be planted per 100 linear feet. Detached Dwellings shall have the same
standards as those for the Neighborhood Residential Use Block. If the trees
in this area can not be planted between the unit and the sidewalk, then an
alternative location may be chosen for planting. Landscaping interior
courtyards are encouraged within larger blocks.
D. Within the Village Core and Primary Office use Block, building base
landscaping for each Building shall contain a minimum of 2 shade trees, 1
ornamental tree, and 9 shrubs per 100 linear teet 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 base 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 and street
trees can help fulfill this requirement.
E. Within the Comer Retail Use Block, building base landscaping for each
building shall contain 3 shade trees, 3 ornamental trees, and fifteen (15)
shrubs per 100 linear feet of Building perimeter.
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F. 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. In all cases evergreen trees may substitute in lieu of
shrubbery, on a 1:3 basis (one conifer equals three shrubs).
Section 13.5. Parking Lot Plantings. Where parking lots are visible from the public
right-of-way, the following requirements will apply:
A. Lot interior. Minimum of one (1) shade tree per nine (9) parking spaces, with
a minimum of four hundred square feet (400 SF) of useable soil volume being
provided for each two (2) trees;
B. 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
bufferyard 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
District 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. Li!!htin2.
Section 14.1. Commercial Lighting. All site lighting within the Primary Office Use
Block, Village Core Use Block, and the Comer 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 IS, 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
confmed to the intersections and comers.
Section 14.4. Lighting for permitted activities shall be permitted within the Open Space
Area.
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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.
Section 15.1. Single-Family Area Signs.
A. Unless variances are granted by the BZA, signage for all Commercial
Buildings shall meet the requirements of Article 25.7 of the Zoning
Ordinance
B. Typical residential signs depicted on Exhibit 16, which is attached hereto
and incorporated herein by reference.
Section 15.2. Commercial Signs. Unless variances are granted by the BZA, all signage
on Commercial Buildings shall meet the requirements of Section 25.7 of the Zoning
Ordinance. In addition, unless variances are granted by the BZA, signage for all
Commercial Buildings within the Urban Residential use Block and the Village Core Use
Block shall also comply with the signage provisions of Chapter 23F of the Zoning
Ordinance entitled "Carmel Drive - Rangeline Road Overlay"; provided, however, that
(i) monument, center identification signs later approved by the Plan Commission in
connection with DP/ADLS approvals, shall be permitted on the comers of Main Street
and 146th Street, and (ii) ground signs for single-story Buildings on outlots permitted
under Section 8.6 above are also allowed.
Section 15.3. Murals. Murals, painted on a wall of a Building, which are artistic in
nature and do not contain letters, trademarks, moving parts or lights, shall not constitute a
wall sign and are permitted.
Section 16. Parkin2.
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 .
22
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 sp~es 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.
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 buffering shall be achieved through walls, fences, and
landscaping, shall be a minimum of five feet tall, and shall be visually
impervious. Recesses in the building, or depressed access ramps may be
used.
Section 17. Maximum Unit Limitations.
Section 17.1. Gross Residential Densitv. The total number of Detached Dwellings,
Attached Dwellings, Apartments, and CCRC Dwellings which are not part of the CCRC
Multi-Unit Building shall not exceed one thousand three hundred sixty (1,360). CCRC
Dwellings, located within the 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 five hundred (500) Attached Dwellings.
23
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. ADDroval Process.
Section 19.1. APVroval or Denial of the Concept Plan I Primary Plat and Final
Development Plan.
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.
C. No DP/ADLS approval shall be required with respect to Detached
Dwellings and their associated Accessory Dwellings, Accessory
Structures, landscaping, lighting, and signage, and all other buildings and
associated parking, landscaping, lighting and signage shall require
DPI ADLS approval by the Commission.
D. If there is a Substantial Alteration in the approved DP/ADLS or 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.
24
E. 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.
Section 19.2. Modification of Development Reauirements.
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 Ru1es 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 Ru1es 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.
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
25
petition and strive for development solutions that promote the spirit, intent
and purposes of this Legacy Ordinance.
E. 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: Developer's Consent. Without the written consent of the
Controlling Developer, no other Developer, user, owner, or tenant may obtain any permits or
approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by
way of example but not by limitation, none. of the following may be obtained without the
approval and consent of the Controlling Developer:
A. Improvement location permits for any improvements within the Real Estate;
B. Sign permits for any signs within the Real Estate;
C. Building permits for any buildings within the Real Estate;
D. DP, ADLS, or primary or secondary plat approval for any part of the Real Estate;
and
E. Any text amendments 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.
26
PASSED by the Common Council of the City of Carmel, 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 Rattennann
Joseph C. Griffiths
Kevin Kirby
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
27
.
Presented by me to the Mayor of the City of Cannel, 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 o'clock .M.
day of
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
This Instrument prepared by:
28
H:1In3d\ZODiaa a: Rl:aI EolaIl: Mallcn\PLATNM\Legocy (EarlbamJIP\lD 00IiDaDce IOI606.doc
USE SUMMARY
BY BLOCK
Different
Uses USE BLOCKS
SR NR UR PO VC CR OS PUD
Suburban Neighborhood Urban Primary Village I Comer Open Exhibit
Residential Residential Residential Office Core Retail Space Number
Larger
Detached X X 7
Dwellin~s
Smaller
Detached X X X 8
Dwellings
Attached
Dwellings SU X X X X X 9
for Sale
Multi-
Family X X X X 9
For Rent
Lofts X X X NA
Commercial 1 2 10 (Village
Office and SU X X X Core and
Retail Primary
Office) and
11 (Comer
Retail)
CCRC X X X X X
1.
2.
Village Supporting Commercial Uses
Accessory Retail Only
Legend:
X = Permitted
SU = Special Use
NA = Non Applicable
H:\brad\Zoning & Real Estate Matters\PLA TNM\Legacy (Earlham)\USE SUMMARY BY BLOCK.doc
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EXHIBIT 1
Legal Description
A part of the East Half of the 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 of337.40 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 146th 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; (1) 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 of 119.41 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 of367.82 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; (1) South 21 degrees 14 minutes 47
seconds West a distance of 243.57 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 of84.84 feet; (8) South 58 degrees 29 minutes 55 seconds West a distance
of204.22 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; (11) South 59 degrees 26 minutes 13 seconds West a
distance of210.95 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 of 257.68 feet; (15) South 47 degrees 01 minutes 38 seconds West a distance of 316.41
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 N0l1h 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 comer 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 of613.46
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 of 2114.73 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 N0l1hwest Comer of
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said Southwest Quarter also the Southeast Corner 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 Corner 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 1461h 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 corner 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 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 146th Street and River
Road (the following eight courses being along the southerly right-of-way of 1461h 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 NOlth 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 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 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 4] 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
, '---..J I
146TH STREET
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LEGEND (Use Blocks):
Suburban Residential (SR)
Neighborhood Residential (NR)
Urban Residential (UR)
Primary Office (PO)
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Corner Retail (CR)
Open Space (OS)
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THE LEGACY
Exhibit
Concept Plan
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THE LEGACY
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Proposed Primary Multi-Purpose Path
Proposed Primary Sidewalk
Proposed Primary Walking Path (Conceptual)
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Bicycle and Pedestrian Plan
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Exhibit
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THE LEGACY
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Primary Environmental and/or Recreational Open Space (conceptual)
Primary Recreational Open Space (conceptual)
Neighborhood Amenity (located somewhere in Open Space)
Urban Plaza (located somewhere in Village Core)
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Exhibit _ Open Space Plan
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146TH STREET
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LEGEND:
Topography (Primary Slopes)
Hydrology (Primary Drainage)
Hydrology (Primary Detention)
Botany (Primary Woodlands)
Botany (Primary Pasturelands)
B
THE LEGACY
Exhibit
Environmental Systems Plan
300
600
1200
EXTENDED
CHERRY CREEK
BOULEVARD
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THE LEGACY
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Proposed Secondary Point of Connectivity
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( Type "A")
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Type A 30' BB With 5' -6" Nature Strip
Type B 28' BB With 6'-6" Nature Strip
Type C 26' BB With 7'-6" Nature Strip
C', With Pavement Section 1
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DESIGNWORKSHOP
120 E. Main Street
Aspen, CO 81611
(970) 925-8354
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120 K Main Street
Aspen, CO 81611
(970) 925-8354
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DESIGNWORKSHOP
120 E. Main Street
Aspen, CO 81611
(970) 925-8354
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Street Types:
Type F
Type G
Type H
40.5' ROW, 30' BB wi 5'-6" Nature Strip
39.5' ROW, 28' BB wi 6'-6" Nature Strip
38.5' ROW, 26' BB wi 7'-6" Nature Strip
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DESIGNWORKSHOP
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Aspen, CO 81611
(970) 925-8354
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18' Private ROW, Access and Utility Easements
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DESIGNWORKSHOP
120 E. Main Street
Aspen, CO 8161 I
(970) 925-8354
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the Legacy. _.St~"t:;~ttype(With Pa~ement Section ""r
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DESIGNWORKSHOP
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Aspen, CO 81611
(970) 925.8354
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Aspen, CO 81611
(970) 925-8354
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:.. Q!~~?~~..~!~,~~~,~~J.acen~ t? ~a~~ral La.ndscape _i
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DESIGNWORKSHOP
120 E. Main Street
Aspen, CO 81611
(970) 925-8354
o 5' 10'
1 "=1 0'-00"
--.... -..
20'
THE LEGACY
PAVEMENT SECTIONS
1.5" H.A.C. SURFACE #11
2" H.A.C. BINDER #8
3" H.A.C. BASE #50
. .
~(t?t~~i~fFt:::M~'3~: 7" COMPACTED #53 STONE
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,(/..(~/..(:(/..(~N"t.(/ COMPACTED SUBGRADE
PAVEMENT SECTION #1
NOT - TO-SCALE
1.5" H.A.C. SURFACE #11
2" H.A.C. BINDER #8
3" H.A.C. BASE #50
9" COMPACTED STONE BASE
7" - #53 STONE
2" - #2 STONE
COMPACTED SUBGRADE
OR
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PAVEMENT SECTION #2
NOT - TO-SCALE
," H.A.C. SURFACE #11
3.5" H.A.C. BINDER #8
8" COMPACTED #53 STONE
COMPACTED SUBGRADE
OR
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PAVEMENT SECTION #3
NOT - TO-SCALE
6" PLAIN CONCRETE
COMPACTED SUBGRADE
6" PLAIN CONCRETE
COMPACTED SUBGRADE
o
1.
2.
3.
4.
5.
6.
7.
0 8.
o
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.
Site Requirement Matrix - Larger Detached Dwellings
Minimum Lot Minimum Minimum Lot Minimum Minimum Minimum Minimum Maximum Minimum
Width at Lot/Parcel Frontage at Front Yard Side Yard Aggregate Rear Yard Building Square
Building Line Size Street SetbaclC Setback Side Yard Setback Height Footage]
Setback
90 ft. 12,000 sf. 40 ft. 25 ft. 5 ft. 20 ft. 20 ft. 35 ft. 2400 sf.
Lot Size Permitted Required Garage Type Chimneys Porch Roofline Fences
Building Window
Materials Oveninfls
Applicable to Masonry, 2 per level, per Court-, side-, Masonry, At least six feet Primary roof Fences shall
Dwellings on Wood, fa~ade. 3 All or front- extended fully deep, consistent shall have not be chain-
all Lot Sizes Cementitious windows shall loading. Front to ground and materials/design 6/12 pitch.5 link or coated
Specified Board be fully framed must be above with Dwelling 12" overhang chain-link.
Above and trimmed recessed ridgeline4 after
installation of
siding, trim
Legend
ft - Feet
sf - Square Feet
lProvided, however, that the front yard setback for Dwellings with rear loaded garages shall be 15 ft. and the front yard setback for Dwellings with courtyard garages
shall be 25 ft.
2Exclusive of porches, terraces, and garages.
3Provided, however, that (i) windows shall not be required on the sides of front loaded garages and (ii) a vent may be substituted for a window on a gable.
4Provided, however, that chimneys which protrude from inside the Dwelling may also have cementitious board as their exterior building material
sIn order to permit diversity in architectural style, this requirement shall apply only to a majority of residences.
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Site Requirement Matrix - Smaller Detached Dwellings
Minimum Lot Minimum Lot Minimum Lot Minimum Front Yard Minimum Side Minimum Rear Yard Maximum Minimum Square
Width at Building Size Frontage at Street Setback Yard Setback SetbacK Building Height Footagi
LineJ
80 ft. 8,000 sf. 40 ft. 10 ft .for Dwellings 3 ft. 6 ft. for Dwellings with 35 ft. 1,700 sf.
with an Alley in the an Alley in the rear, and
rear, 20 ft. for 20 ft. for Dwellings
Dwellings with a with a driveway in the
courtyard side-entry front yard.
garage, and 25 ft. for
all other Dwellings.
70 ft. 7,000 sf. 30 ft. See above. 3 ft. See above. 35 ft. 1,400 sf.
60 ft. 6,000 sf. 30 ft. See above. 3 ft. See above. 35 ft. 1,400 sf.
51 ft. 5,000 sf. 30 ft. See above. 3 ft. See above. 35 ft. 1,400 sf.
50 ft. Alley- 2,625 sf. 25 fto. 10 ft. 3 ft. 6 ft. 35 ft. 1,200 sf.
accessed
40 ft. Alley- 2,625 sf. 25 ft. 10 ft. 3 ft. 6 ft. 35 ft. 1,200 sf.
accessed
Alley Accessed
30 ft. 2,500 sf. 25 ft. 10 ft. 3 ft. 6 ft. 35 ft. 1,200 sf.
Lot Size Permitted Building Required Window Garage Type ChimneysJ Porch~ Rooj/ine Fences
Materials Openin/(s
For all lot sizes Masonry, Wood, 2 per level, per Court-, side-, or Masonry, At least six feet deep, Primary roof Fences shall not
specified above Cementitious fa~ade.4 All front-loading. Front extended fully to consistent shall have 6/12 be chain-link,
Board windows shall be must be recessed. ground, above materials/design with pitch.7 12" coated chain-
fully framed and ridge line house. overhang after link, or vinyl.
trimmed. installation of
lLots which are less than or equal to 50 ft. in width at the building line must be alley accessed.
2For Dwellings on Alleys, the rear yard setback is measured from the edge of the Alley closest to the Dwelling.
3Exclusive of porches, terraces, and garages.
4Provided, however, that windows shall not be required on the sides of front loaded garages and (ii) a vent may be substituted for a window on a gable.
sProvided, however, that chimneys which protrude from inside the Dwellings may also have cementitious board as their exterior building material.
6Porches may not be present on all houses. If no porch is provided, the entryway should be covered, and deep enough to provide shelter at the front door, as well as provide an appropriate and
adequate level of detail.
7In order to permit diversity in architectural style, this requirement shall apply only to a majority of Dwellings.
Legend
ft - Feet
sf - Square Feet
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Site Requirement Matrix - Attached Dwellings and Apartments
Maximum Minimum Minimum Minimum Perimeter Minimum
Height of Floor Area per Front Yard Yard Distance
Buildings Unit Between
Buildings
Attached 60 ft. 750 sf. Oft. Oft. 10 ft.
Residential
Permitted Required Parking Wall Planes Porch/Entryways Roofline
Building Window
Materials Openings
Masonry, pre- 2 per level, per Covered Walls shall not Stoops should be Rooflines shall
cast concrete exposed parking must have long, covered to not have long,
and fayade.1 All match primary unbroken planes. provide shelter. unbroken lines.
cementitious windows shall building Units may be Individual If flat roofs are
board as be fully framed materials. differentiated by porches, used, a rooftop
pnmary and trimmed. Parking lots plane and material balconies, amenity such as
material; other Skylights and shall be changes, and stoops, or similar a deck or
siding light wells in landscaped, separate entrances. outdoor spaces garden should
(excluding internal and provide are encouraged, be installed.
vinyl) or EIFS corridors are pedestrian on the front
material encouraged. access to and and/or the rear of
permitted on Windows within the the structure.
upper floors. should be Attached
staggered to Dwelling and
preserve Apartments.
privacy. Guest parking
should be
clearly marked.
1 A vent may be substituted for a window on a gable.
Legend
ft - Feet
sf - Square Feet
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Site Requirement Matrix - Commercial Buildings
Minimum Minimum Maximum Minimum Minimum Minimum Minimum Maximum Minimum Square Maximum
Lot/Parcel Lot/Parcel Front Side Yard Rear Yard Lot Width Building Building Footage Parcel
Area at Frontage Yard Setback Setback at Height Height Coverage
Street Setback Building
Line
N/A N/A 15 ft. Oft. 5 ft. N/A 1 story 60 ft. N/A N/A
unless
otherwise
specified
in the
Legacy
pun
Permitted Building Required Parking Wall Planes Signage Rooj/ine Screening
Materials Window
Openin$!s
See following Windows shall The bulk of Walls shall not have See signage Rooflines All rooftop
pages. be pedestrian parking should long, unbroken provision within shall not have equipment shall
scale. be provided planes. Units Legacy pun. long, be fully screened.
Storefronts behind and to within buildings Signs handled in unbroken All dumpster
should the sides of the may be a creative lines. enclosures,
maximize building. differentiated by manner, such as loading docks,
transparency Some parking plane and material painted walls, etc. shall be
and have may be changes, and may also be screened by an
appropriate provided on- separate entrances. considered. enclosure
signage and street. constructed with
lighting. complimentary
materials
Note - Additional Architectural Standards are on _ next pages.
Legend
ft - Feet
sf - Square Feet
N/ A - Not Applicable
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1. . Introduction
The architectural standards in this section describe exterior building elements and building
composition that are appropriate for a mixed-use, pedestrian-scaled traditional neighborhood.
These standards are not presented as subjective value judgments of style and architectural
preferences, but instead are intended to illustrate the basics of architectural design that will give
the Legacy District a diverse, yet complementary set of buildings that work with the streetscape
and urban design of the community. Individual buildings should be designed so as to contribute
to the overall character of the Legacy District. The intertwining of community architectural
design values and individual architectural contributions will ensure compatibility, authenticity,
and quality within the Legacy District as a whole.
The standards contained in this Section are based on traditional design principles pertaining to
overall massing, proportions, and the contextual relationship to the street and neighboring
buildings. The architectural design standards establish consistent design elements for buildings
within the Village Core Use Block, Comer Retail Use Block, and Primary Office Use Block,
ensuring its ''timeless'' character, while allowing flexibility for a diversity of architectural
expressions.
2. Building Design
U A. Building Design Standards
Buildings shall be generally oriented parallel and perpendicular to the street. Flexibility
shall be permitted in building orientation to provide for maximum sun exposure to the
street and open spaces, or as the street layout dictates.
Pedestrian scale detailing shall be provided on the front elevation of the building at the
ground level.
End or comer segments of buildings should generally have an additional level, decorative
articulation or roof detail.
The first floor and all other floors shall have a coordinated composition, which will
usually be indicated by the alignment of upper floor windows and other features with
openings and features of the first floor.
In buildings containing ground-floor commercial uses, the ground floor should generally
be at least 12 feet to 14 feet high and should be of a greater height than the upper floors.
o
Continuous facades more than fifty (50) feet wide shall be designed with vertical offsets
at intervals which evenly divide the facade into halves, thirds, or quarters, etc., or shall be
designed at intervals not less than fifty (50) feet, whichever is less. These offsets may be
projecting, recessed, or may be a simple change in building material or detailing.
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B. Fences and Screening
Fence construction along the front facade shall be decorative, such as wrought-iron style,
decorative wood, or a courtyard wall.
Ground level mechanical/telecommunication equipment visible from a public street shall
be screened with suitable landscaping, walls, or fencing in general architectural
compatibility with the building(s) with which it is associated.
Rooftop mechanical/telecommunication equipment shall be fully screened on all sides
using parapets, penthouse screens or other similar methods which are integrated into the
overall building design.
c. Materials
The visual appeal of a building's materials has a tremendous impact on the perception of
its quality. High-quality, robust and tactile finish materials project feelings of warmth,
permanence, and timelessness. The relationship and use of materials, textures, details and
color of a new building's principal facades shall be visually compatible with and similar
to those adjacent buildings or shall not contrast conspicuously. Durable materials are
especially critical at the street level where pedestrian contact will be considerable.
Exterior materials shall be durable and of high quality, such as Masonry, pre-cast
concrete, concrete block, face brick, poured concrete, split face, scored split, scored
smooth, or fluted masonry units, Quick Brick (brick look type Concrete Masonry Units),
and high-quality siding of wood or fiber-cement. Non-durable materials such as thin layer
synthetic stucco products shall not be used within eight (8) feet of the ground.
The first floor and upper floors may be composed of different materials.
The materials in the rear of the building must be coordinated with the front facade,
although they may be different.
Front and side facades of buildings located on corner lots shall be of the same materials
and similarly detailed.
Appropriate materials for the following building elements are as follows
. Windows: wood, vinyl clad wood, vinyl, anodized aluminum,
aluminum-clad wood.
. Doors: wood, anodized aluminum, faux wood, steel (security doors).
. Trim: wood, synthetics.
. Visible roofing: standing seam metal, zinc, architectural asphalt shingles,
slate and high-quality synthetic slate, tile, and wood shake.
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Exterior walks, steps, stoops and paving shall be masonry or stone pavers, or poured or
pre-cast concrete. Exterior stair handrails and other stair details shall be stone, pre-cast
concrete, wrought-iron style, wood, simulated wood products, or another decorative
material.
3. Windows
A. Window Standards
All window design shall be architecturally compatible with the style, materials, color,
details and proportion of the building. The number of panes, the way the window opens,
the trim around it and whether it is embellished with shutters must be consistent with the
architectural sty Ie of the structure.
Windows should be provided on all facades. Exceptions shall be made for certain
architectural styling, faux windows (such as "trompe l'oeil"), and other details that
imitate windows in locations where actual windows are not appropriate, provided,
however, that any such techniques shall be architecturally compatible with the style,
materials, color, details and proportion of the building. Appropriate techniques do not
include the use of shutters without glass, or the use of spandrel glass at the street level or
on residential buildings.
Windows shall generally be vertically proportioned.
Windows shall be rhythmically spaced in a pattern compatible with the form of the
building. Where Buildings are located on comers, the window style and details shall
complement the facades on the facing streets.
Windows shall be recessed in their openings and not tlush mounted with the wall, and
shall appear as individually "punched" through the wall rather than as adjacent windows
separated by frames.
At street level, glazing shall be clear or slightly tinted glass (not opaque nor highly
reflective).
Metal screens or bars shall not be permitted to cover window openings.
Special windows are allowed (ovals, hexagons, etc.) as accents.
For buildings that are intended to have ground-tloor commercial uses, at least sixty
percent (60%) of the total area of the first tloor facade (up to the line of the second floor
elevation) shall be transparent vision glass. Upper floors of mixed-use and commercial
buildings should have 20-40% transparency.
3
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B. Shutters
Where appropriate to the. design of a building, paneled or louvered shutters shall be
provided on all windows visibly exposed to a street or common open space.
Shutter style shall match the window and architectural style of the building, and shall be
sized to match actual window dimensions.
Single shutters shall not be used on double or larger windows.
Shutter materials should generally be wood, fiberglass, or a high-quality composite.
Plastic shutters are not permitted.
Shutters shall either be operable or appear to be operable through the use of non-visible
fasteners that create a slight projection where the shutter is affIxed to the outer edge of
the window.
4. Entrances
Primary entrances shall be defined and articulated by elements such as lintels, pediments,
pilasters, columns, porticos, porches, canopies, and other design elements appropriate to the
o architectural style and details of the Building as a whole.
A comer entrance is permitted at comer Buildings to improve visibility and pedestrian
circulation, and to accentuate the comer. Comer entrances should be angled to address both
streets.
Entrances to upper floors shall be clearly distinguished from storefront entrances through
differentiated architectural treatment and materials.
Anodized metal, bright aluminum, or stainless steel frames, or fully glazed (frameless) doors
shall be avoided. Finished frames may be metal with black anodized or painted finish (only
"wide stile" frames), however, painted, stained, or varnished wood is preferable.
5. Roofs and Cornices
A. Cornices and Parapet Walls
o
1. There shall be articulation and detailing where the roof meets the wall, including
cornices, eaves or rakes. Moldings, brackets, and finials can be used as special
elements added to the cornice.
2. Flat roofs should have a parapet wall or similar decorative feature on the building's
front and sides.
3. In larger scale Buildings, extended parapets, projecting cornices, pitched or slope
roofs, or decorative moldings of fourteen (14) inches or more are required to give the
roof/cornice proper visual weight and proportion to the Building.
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4. Important architectural features, such as the cornice lines, shall be aligned from
Building to Building provided, however, that there should be adequate variation to
allow for an organic quality to the architecture without detracting from the coherence
of the street wall.
B. Roof Shape
1. Traditional roofs are typically "flat" (sloped 1"-in-12" or less) hidden behind parapet
walls. However, some sloped roofs, including gable, hipped, and shed roofs are also
acceptable if sloped between 4"-in-12" and 12"-in-12". Mansard, gambrel, and
domed roofs shall adhere to traditional forms and proportions. False roofs are
generally inappropriate and should only be used in limited situations. In general,
architectural solutions shall be used to best conceal mechanical equipment,
particularly in rooftop applications.
2. Sloped roof heights from eave to peak shall not exceed the height from grade to eave
(the roof shall not be taller than the building wall supporting the roof).
3. On corner sites, the roof and cornice design shall be appropriate for both corner sides
of the Building.
C. Roofing Color
Visible roof materials should be muted in color (dark reds, browns and earth-tones,
natural metal colors including aluminum, dark anodized aluminum, zinc, tin and lead).
White, bright, non-fading and high intensity colors, multicolored and bright metal
finishes are inappropriate on visible rooftops. However, colors should be considered in
the context of the effect of heat absorption, especiaHy on flat roofs.
D. Mechanical Equipment and Appurtenances
1. The form of the roof or cornice shall hide mechanical equipment and roof
penetrations. such as plumbing stacks and vents, from view from streets and
sidewalks.
2. Downspouts can be used where appropriate for the architectural design ofthe
building.
3. Gutters and downspouts should be located to respect the architectural lines of the
building and shall not be affixed to columns or other prominent building elements.
4. Downspouts shall be oriented so as to not discharge water into pedestrian areas.
6. Accents and Projections
A. Bays and Projections
1. Steps, stoops, porches, chimneys and bay windows may extend into yard setbacks up
to the property line.
5
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3.
4.
5.
6.
Bay windows and storefronts are permitted to project three (3) feet from the main
building fac;ade.
Bay windows shall be vertically proportioned and shall tightly frame an appropriately
sized and styled window.
Overhangs and eaves shall be shallower than the main roof form and be consistent on
all sides.
Cornices and eaves shall have a maximum projection of four (4) feet or 15% of the
building height, whichever is less.
Awnings, canopies, cornices, eaves, balconies and building-mounted signage may
extend into yard setbacks and any rights-of-way, subject to the review and approval
of the Director, but shall not exceed the width of the sidewalk or multi-use path
below. The lowest portion of any projection extending into a right-of-way shall bea
minimum of eight (8) feet from the ground level in order to provide clear passage for
pedestrians and bicyclists.
B. Towers and Vertical Elements
Q
1. Towers and vertical elements are encouraged on prominent Buildings, particularly
those that serve as street or view corridor terminus.
2. Any vertical building elements shall be compatible with the design of the Building as
a whole. Towers and vertical elements should not overpower a Building fa~ade and
shall be used only as an accent in special locations.
3. Height requirements for Buildings may be waived for vertical Building appurtenances
such as chimneys, spires. turrets, cupolas, belfries, and towers designed for functional
or ornamental purposes to articulate the design of a building, especially if appropriate
to a special building type or historically-based style.
C. Balconies
D. Awnings
o
1. The use of flower boxes and plantings is encouraged on balconies and windows.
2. Deeper balconies that are intended to be usable may have simple awnings, canopies,
or trellises.
3. Balcony railings shall be designed for transparency so that the Building wall can be
seen from the street.
1. Fixed or retractable awnings are permitted if they complement a Building's
architectural style, material, color, and details; do not impair facade composition; and
are designed as an integral part of the facade.
2. Awnings shall be covered in natural cloth fabric like canvas (not vinyl). Metal,
aluminum or plastic awnings are not permitted, provided. however, that high-quality
decorative metal elements that mimic awnings may be permitted in commercial areas
if they are consistent with the building design and area character.
3. In Buildings with multiple storefronts, compatible awnings shall be used as a means
of unifying the structure.
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4. Oversized and continuous awnings are not permitted.
5. Backlit or glowing awnings or canopies are not permitted.
7
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Site Requirement Matrix - Continuing Care Retirement Center
Minimum Minimum Minimum Rear Yard Maximum Maximum Gross Minimum Side Maximum Maximum
Tract Area Front Setback Parcel Floor Area Yard Setback Building Height- Building
Yard Coverage CCRC Attached Height-
Setback Dwelling and CCRe
CCRC Multi-Unit Detached
Building Dwellinf(
10 acres! 10 ft. 5 ft. 40% IN/A 5 ft. 60 ft. 35 ft.
Permitted Building Required Parking Wall Planes Porch/Entryways Roojline Open Space/
Materials Window Green Space
Openings
Masonry, pre-cast 2 per level, per Covered parking Walls shall Stoops should be Rooflines Full connectivity
concrete and exposed fa~ade. must match not have covered to shall not have to the rest of the
cementitious board All windows building long, provide shelter. long, project should be
as primary shall be fully materials. unbroken Individual unbroken provided.
material; other framed and Parking lots planes. porches, lines. If flat Amenities such as
siding (excluding trimmed. shall be Units may balconies, stoops, roofs are benches,
vinyl) or EIFS Skylights and landscaped, and be or similar outdoor used, a individual garden
material permitted light wells in provide differentiate spaces are rooftop plots, and internal
on upper floors. internal pedestrian d by plane encouraged, on amenity such walking paths
corridors are access to and and material the front and/or as a deck or should also be
encouraged. within the changes, the rear of the garden should provided.
Windows attached and separate structure. be installed.
should be residential area. entrances. Entryways should
staggered to Guest parking be clearly
preserve should be delineated.
privacy. clearly marked.
Note - Additional Architectural Standards are on next pages.
Legend
ft - Feet
sf - Square Feet
1 Dedicated land for additional right-of-way along existing streets as part of an application for approval ofa CCRC shall be counted as part of that minimum tract area.
Minimum tract area may also include contiguous lands in adjoining zones if such lands are restricted to undisturbed open space.
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EXHIBIT" " - USE TABLE
-
LEGEND
P = Permitted
Blank = Not Permitted
SU = Special Use
SR = The Suburban Residential Use Block(s)
NR = The Neighborhood Residential
use Block(s)
UR = The Urban Residential Use Block
LEGEND CONTINUED
PO = The Primary Office Use Block
VC = The Village Core Use Block
CR = The Comer Retail Use Block
OS = The Open Space Use Block
Residential Uses SR NR UR PO VC CR OS
Single Family Dwelling P P P P
Two Family Dwelling p p p p
Multiple Family Dwelling/Apartment Complex P p P P
Detached Dwelling p p p
Accessory Dwelling p p p p p p
Attached Dwelling SU p p p p p
Home Occupation p p p p
Bed & Breakfast Inn p p p p
Model Home P P P P P P
Guest House p
Boarding or Lodging House p p
Nursing/Retirement/Convalescent
Facility/CCRC p p p p p p
Private Swimming Pool, etc p p P
Loft P P P
Amenity Area p p p p
Office Uses SR NR UR PO VC CR OS
Clinical or Medical Health Center p p p
Research Laboratory or Facility P p P
General Offices P P P
Professional Offices p p p
Training Facility P P P
0 U , ,
Institutional Uses SR NR UR PO VC CR OS
Churchrremple/Places of Worship SU SU su p p p
Hospital p p p
Suraery Center p p p
Uraent Care Facility p p p
Rehabilitation Facility p p p
Phvsical/Occupational Care p P P
Librarv SU p p P
Post Office SU p P P
Public Service Facility SU p P P
Educational Uses SR NR UR PO VC CR OS
School, Trade or Business p p p
College or University p p p
Day Nursery/Dav Care p P P
Kindergarten/Preschool p p P
School of General Elementary or Secondary
Education p p p
Retail & Service Uses SR NR UR PO VC CR OS
General Retail Sales p p p
General Service p p p
Automobile Service Station/Gas Station P P
Automobilerrruck Repair (indoor) p P
Cafe SU P P P
Delicatessen SU P P P
Coffee Shop SU P P P
Commercial Kennel
Dry CleaninQ Establishment (w/on-site plant) p p
Car Wash p p
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SR NR UR PO VC CR OS
Dry Cleaning Establishment (w/out on-site
plant) SU P P P
EauiDment 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/Mortuarv/Crematory p p
Roadside Sales Stand P P
Self-Service Laundrv p P
Veterinary Hospital with commercial kennel
Veterinary Hospital without commercial kennel
p p p
Wholesale Sales p p
Cultural/Entertainment Uses SR NR UR PO VC CR OS
Art Gallerv p p
Art & Music Center p P
Hotel p p
Hotelifull service) p p
Indoor Theater p P
Outdoor Theater p P
Caterina Establishment P P
Restaurant, without drive-thru sales SU P P P
Restaurant, with walk-up/drive-thru food sales P P
Meetina or Party Hall p p p
Museum p p
Tavern/Night Club SU p p p
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Recreational SR NR UR PO VC CR OS
Commercial Recreational Facility, Indoor
P P
Commercial Recreational F acilitv, Outdoor
Community Center P P P P
CountrY Club P P
Golf Course
Health/Fitness Facilitv P P P P
Private Club or Lodge P P
Private Recreational Facilitv P P
Park, Public P P P
Miscellaneous SR NR UR PO VC CR OS
Artificial Lake or Pond (non-Dlatted) P P P P P P P
Commercial Parkina Lot
Commercial Parkina Structure P P
Private Parking Structure P P
Temporary Uses SR NR UR PO VC CR OS
Construction F acilitv P P P P P P P
DisDlav, 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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TransDortation & Communication Uses SR NR UR PO VC CR OS
Antenna2 P P P
Collocated Antenna2 P P P
Radio and/or Television Studio P P P
RadiolTelevision 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
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THE LEGACY
CONCEPTUAL TYPICAL LIGHTING PLAN - NON-RESIDENTIAL
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02 CONCEPTUAL TYPICAL LIGHTING PLAN - RESIDENTIAUBOULEVARD
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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 ofthe
rights-of-way of I 46th 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 2 I 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 Street per said Instrument No.
200 I 00065741); (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 of 868.05 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); (I) 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 N0l1h 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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