Z-501-07
i'
Sponsor: Councilor M.ark Rattermann
ORDINANCE Z-SOl-07
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA ESTABLISHING
THE LEGACY PLANNED lJNIT DEVELOPMENT DISTRICT
WHER EAS, 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.; and
WHEREAS, the Plan Commission has given a positive recommendation to this PUD
district ordinance (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 Ie 936-7-
4-1500 et seq., it adopts this Legacy Ordinance, as an amendment to the Zone Map, (ii) all prior
ordinances or parts thereof inconsistent vl/ith any provision of this Legacy Ordinance and its
exhibits are hereby inapplicable to the use and development of the Real Estate, (iii) a.H prior
commitments and restrictions applicable to the Real Estate shall be null and void and replac~d
and superseded by this Legacy Ordinance, and (iv) this Legacy Ordinance shall be in full force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.
Applicability of Ordinance.
Section 1.
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 t .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 i Section 2 of this Legacy PUD shall
have the meaning as set forth in the Zoning Or inance in effect on the date of the
enactment of this Legacy Ordinance.
Section 2.
Definitions and Rules of Construction.
Section 2.1 General Rules of Construction. The following general rules of
construction and definitions shall apply to the regul' tions ofthis Legacy Ordinance:
A. The singular number includes the pI ral and the plural the singular, unless
the context clearly indicates the con ary.
B. Words used in the present tense inel de the past and future tenses, and the
future the present.
C. The word "shall" is a mandatory equirement. The word "'may" IS a
pennissive requirement
Section 2.2 Definitions. The tollowing definitio s shall apply throughout this Legacy
Ordinance:
Accessorv Dwelling. A Dwelling which is d tached from but located on the same
lot as a Detached Dwelling, has an independ nt means of access and is owned by
the owner of the principal dwelling.
Accessory Retail: Supporting retail which cts as a convenience for office uses.
Accessory retail must be integrated into bu Idings or sites that are of primarily
oftice use.
Accessory Structure: A structure which i subordinate to a Building or use
located on the Real Estate and which is not u cd for permanent human occupancy.
Accessory Use: A use subordinate to the ma n use, located on the real estate or in
the same Building as the main use, and incid ntal to the main use.
Aggregate Side Yard: The sum<ofthe width of the two (2) side yards located on
one (l) lot.
Alley: A private right-of-way or easement oeated in the interior of blocks and
providing vehicular and service access t the side or rear of properties.
Amenity Area: An area containing rcere tional facilities including~ without
limitation, anyone or a combination of the fi Hawing: (i) a swimming pool, (ii) a
bath house with changing rooms and stora e, (iii) recrea60nal equipment, (iv)
tennis courts, (v) basketball courts, (vi) b cce ball courts, (vii) indoor and/or
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VERSlON A - January 16,2007
outdoor workout areas, and (viii) any other recreational facilities approved by the
Director.
Apartment. A Dwelling intended primarily for rental.
Apartment House. A bullding containing more than one (l) Apartment placed
one on top of another and/or side by side, and sharing common walls and
common floors and ceilings.
Architectural Review Board, A board, established by the Declaration(s) of
Covenants, responsible for reviewing all improvements after the initial, original
construction of Buildings, Dwellings, and other improvements.
Attached Dwelling. Dwellings which are attached vertically or horizontally,
including 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 Neighborbood Residential Use Block, (iii) the Urban Residential Use
Block(s), (iv) the Primary Office Use Block, (v) the Village Core Use Block, (vi)
the Corner Use Block, and/or (vii) the Open Space Use Block(s). The size of
each and every Block may be enlarged or reduced by up to twerity 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, shaH be
considered part of the same Building and not separate Buildings.
Building Height: The vertical distance from the lot ground level to tbe 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 ofZorung Appeals
Commercial Building: Any Building, other than a CCRC Multi-Unit Building, in
which any commercial office or retail use exists, other than (i) a sales/rental office
for the sales and/or rental of Dwellings located in the Building in which the
saleslrental office exists and (ii) a home occupation.
ContinuinJ!: Care: The provision of lodging, nursing, medical or other health
related services to an individual pursuant to an agreement effective for the life of
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VERSION A - January 16,2007
the individual or for a period b'Teater t an one year, evidenced by written
contracts, and in consideration for the paym nt of an entrance fee, with or without
other periodic charges.
Continuing Care Retirement Community: A place where continuing care is
provided to senior citizens and which may i elude support services and facilities,
including without limitation, (i) indoor r creation (including swimming pool,
solarium and lounges), (ii) physical ther py, (iii) entertainment rooms, (iv)
exercise rooms, (v) libraries, (vi) computer ooms, (vii) kitchen, food service, and
dining rooms, (viii) automatic teller mac ines, (ix) administrative offices, (x)
storage spaces, (xi) chapels, (xii) gift shop, (xiii) hair stylist/barber shops, and
(xiv) assisted living and/or nursing beds.
CCRC: An abbreviation for a Continuing are Retirement CommlUlity
CCRC Cottage: A Detached Dwelling or at Attached Dwelling occupied by one
or more CCRC resident(s) which is part of tre CCRC but is not part of the ceRC
Multi-Unit Building.
CCRe Multi-Unit Building: T~e primary :CRC Building co.ntaining multiple
apartment-style Attached Dwellmgs OCCU led by CCRe resIdents. A CCRC
Multi-Unit Building may also contain supp rt services and facilities specified in
the above definition ofa Continuing Care R tirement Community.
ceRC Resident: A senior citizen who is entitled by contract to receIve
continuing care in a Continuing Care Retire! ent Community.
City: The City ofCarrnel, Indiana.
Commission: The Cannel Plan Commission
Concept Plan: The Concept Plan attache hereto and incorporated herein by
reference as Exhibit 2 is conceptual and reliminary, only, and the final site
plan(s) may vary.
Controlling Developer: Shall mean East C rmel, LLC, until such time as East
Cannel, 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 transfe all or any portion of its rights as
Controlling Developer, East Carmel, LLC m y (i) name each individual owner of
parcels within the Real Estate, as Controlli g 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 ControJ1ing
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.
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VERSION A - January 16,2007
Comer Use Block: What is identified on the Concept Plan as the "Corner Use
Block".
Council: The City Council of the City ofCarrnel, Indiana.
County: Hamilton County, Indiana,
Declaration(s)of Covenants: Declaration(s) of Covenants, Conditions and
Restrictions applicable to the Real Estate, or any portion thereof, which shall be
prepared and recorded by the Controlling Developer 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 Dwel1ing. A Dwelling- that is not attached to another Dwelling and is
developed with no party-walls and with open yards on at least three sides.
Detached Dwellings comprise Larger Detached Dwellings and Smaller Detached
Dwellings. The term Detached Dwelling does not include manufactured homes,
mobile homes, modular homes or recreational or motor vehicles.
Development Requirements: Development standards and any requirements
specified in this Legacy Ordinance which must be satisfied in connection with the
approval of a Final Development Plan.
Director: Director, or Administrator, of the Department. "Director" and
"Administrator" shall include his/her authorized representatives.
Dwelling: A structure intended for occupancy by a single family. A Dwelling
includes a Detached Dwelling, an Attached Dwelling, an Apartment, an
Accessory Dwelling, a Loft, and a CCRC Cottage, and an Attached Dwelling
within the CeRe Multi-Unit Building.
Environmental Open Space: Open space which contains natural systems
(including manmade systems) that function to preserve the natural integrity of the
Legacy District. Such spaces include existing woodlands, biD-swales, restored
prairies, and naturalized detention ponds.
Final Development Plan: A specific plan for the development of the Real Estate,
or any portion thereof, which is submitted for approval showing proposed
facilities, buildings, and structures. Final Development Plans shaH include
general landscaping, parking, drainage, erosion control, signage, lighting,
screening and building information for the site.
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VERSION A- January 16, 2007
Flood Plain Law: Any and all laws, statutes, ordinances, rules, or regulations
governing the use and development of land within flood plains.
Larger Detached Dwellings: Dwellings complying with the standards specified
in Exhibit T
Loft. One or more rooms which are connected together and located above the I.l
floor of any building in the Urban Residential Use Block, Primary Office Use
Block, the Village Core: Use Block, or the Comer Use Block and 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, rental or lease on a weekly, monthly, 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 stuc.co, and/or EIFS.
Material Alteration: Any change to an approved plan of any type that involves
the substitution of one material, species, elemen~ etc. for another;
Main Street: The segment of the street, shown on Exhibit 2 (the "Concept
Plan") which extends north to south through the Village Core Use Block and is
located within the VilIage 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 an increase in the Maximum Unit Limitation
specified in Section 17 below.
Multi-Purpose Paths: A trail system which functions both as an alternative
transportation system and a linear park. This system is the primary pedestrian and
bicycle access to all use areas and activity nodes. Local road sidewalks are not
considered part of this system, put do provide key access to network. This system
is paved and is similar in function to the Manon Trail and City's path netw~rk.
Neighborhood Residential Use Block: What is identified on the Concept Plan as
the "Neighborhood Residential Use Block",
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 or in this Legacy Ordinance,
for the use and enjoyment of the community at large. Except as otherwise
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VERSION A - January 16, 2007
provided herein, open space does not include any area which is divided into
building lots, streets (except the landscaped medians of bOlJlevards) or rights of
way (except tree lawns). The area of parking facilities serving the activities in the
open space and paths or sidewalks located therein may be included in the required
area computations.
Open Space Use Block: What is identified on the Concept Plan as "Open Space
Use Block".
Owners Assodation(s): Owners Association(s) established by the Declaration(s)
of Covenants.
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 1S 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 I.
Recreational Open 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 Developable Parcel: A portion of the River Parcel east of and adjacent to
River Road, comprising between eleven (11) and fifteen (15) acres, morc orless,
and not identified on the Concept Plan as "S 1 (Carmel Zoning Ordinance)". The
size and contlguration of the River Developable Parcel may vary from wbat 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.
fugn: Any type of sign as further defined and regulated by thls Legacy Ordinance
and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as
amended.
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VERSION A - .January 16, 2007
Smaller Detached Dwellings: Dwellings complying with the standards specified
in Exhibit 8.
Subdivision Control Ordinance: Cannel/Clay Subdivision Control Ordinance,
No. Z-160, as amended.
Suburban Residential Use Block: What is identified on the Concept Plan as
"Suburban Residential Use Block".
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 p8..lty walls, but ownership can
include small yards.
Urban Residential Use Block: What is identified on the Concept Plan as the
';Urban Residential use Block".
Village Core Use Block: What is identified on the Concept Plan as the "Village
Core Use Block".
Village Supporting Commercial Use: A small neighborhood serving retail/office
use the primary clientele of which Ii yes or works within close proximity of the
Legacy District Each individual Village Supporting Commercial use shall not
occupy more than two thousand five hundred (2,500) square feet and must be
pedestrian and bicycle .oriel1ted 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 lises.
Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance.
Zoning Ordinance: Carmel/Clay Zoning Ordinance 2-289, as amended from time
to time.
Section 3, Accessory Buildin2s 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 shull be architecturally compatible with the principal building(s) with which it is
associated.
Section 4. Suburban Residential Use Block (s). This Block is predominantly a suburban
setting of Detached Dwellings on larger lot$. While this Block is primarily Detached Dwellings,
Attached DweIlings are pennitted through special use review and approval by the BZA, and the
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VERSION A - January 16~ 2007
standards and character illustrations for Attached Dwellings in Exhibit 9 shall apply to an
Attached Dwellings approved by the BZA in Suburban Residential Use Block. No more than 4
Attached Dwellings shall be pennitted per Building. 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).
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. Neiehborhood Residential Block(s). This Block contains a mix of Detached
Dwellings and Attached Dwellings. No more than 10 Dwellings attached vertically (i.e.
Townhomes) shall be permitted per Building, and no more than 16 Dwellings attached
horizontally (i.e. flats) shall be pennitted per Building; provided. however, that subject to the
Maximum Unit Limitations specified in Section 17 below, there shall be no limit on the number
of CCRe Dwellings allowed in the CeRe Multi-Unit Building located wholly or partially within
this Block. 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 Det,ached Dwellings), Exhibit 8 (Smaller Detached Dwellings), Exhibit
2 (Auached Dwellings), and Exhibit 12 (CeRe).
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), Exhibit 9 (Attached Dwellings),
and Exhibit 12 (CeRe).
Section 6. Urban Residential Use Block. This Block is. a village setting of predominately
Attached Dweilings and Apartments. No more than ten (10) Dwellings attached vertical1y, (i.e.
Townhomes) shall be pennitted per Building, and no more than 16 Dwellings attached
horizontally (i.e. flats) shall be pennitted per Building; provided, however, that subject to the
applicable' Maximum Unit Limitations specified in Section 17 below, there shall be no
limitations on (i) the number of Apartments per Apartment House and (ii) the number of CeRe
Dwelling Units within the CeRe Multi-Unit Building located wholly or partially within this
Block. While ibis Block is primarily residential in nature, Village Supporting Commercial Uses
arc permitted. through special use review and approval by the BZA, and the standards and
character illustrations in Exhibit 10 (Commercial Buildings) shall apply to any Village
Supporting Commercial Uses located within this Block.
Section 6.1 Permitted Uses are specified in the Exhibit 14 (Use Table).
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VERSION A - January 16, 2007
Section 6.2 The applicable development and architectural standards are specified in
Exhibit 8 (Smaller Detached Dwellings) and in Exhibit 9 (Attached Dwellings aud
Apartments), Exhibit 10 (Commercial Buildings), and Exhibit 12 (CeRe).
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), Exhibit 10
(Commercial Buildings), and Exhibit 12 (CeRC).
Section 7. Primarv Office Use Block. This Block serves primarily office uses. This Block
serves "as a transitional area to the adjacent Urban Residential Use Block, and permits a limited
amount of residential and retail. Dwellings in this Block may be incorporated into commercial
structures as Lofts. All retail must be Accessory Retail, and no more than twenty percent (20%)
of all non-residential square footage of the Primary Office Use Block may he occupied by
Accessory Retail uses. Ail such Accessory Retail shall comply with the standards and character
exhibits in Exhibit 10 (Commercial Buildings).
Section 7.1 Permitted Uses, are s.pecified in Exhibit 14 (Use table).
Section 7.2 The applicable development and architectural standards are specified in
Exhibit 10 (Commercial Buildings) and Exhibit 12 (CeRC).
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 12 (CeRe).
Section 7.4 All Buildings within this Block, other than Accessory Structures, shall have
a minimum of two (2) occupiable floors.
Section 7.5 1n the Primary Office Use Block there shall be no more than two (2) rows of
parking spaces between 1461h Street and Buildings along 1461h Street.
Section 8. VilIal!e Core Use Block. The Village Core Use Block is the most intense activity
node of the Legacy District. 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 first floors of buildings
along and adjacent to Main Street, and Lofts, can be found on upper levels. No more than ten
(10) Dwellings attached vertically (i.e. Townhomes) shall be permitted per Building, and no
more than sixteen (16) Dweltings attached horizontally (Le. flats) shall be permitted per
Building; provided, however, that subject to the applicable Maximum unit Limitations specified
to Section 17 below, there shall be no limitations on (i) the number of Apartments per Apartment
House and (il) the number of CCRe Dwelling Units within the CCRe Multi-Unit Bui1ding
located wholly or partially within this Block. This Blo<.:k 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.
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VERSION A - January 1.6,2007
Section 8.1 The Pemlitted 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), Exhibit 9. (Attached
Dwellings and Apartments), and Exhibit 12 (CeRC).
Section 8.3 The applicable character illustrations, indicating conceptually the
architecture and appearance ofhuildings, are contained in Exhibit 10 (COlumercial
Buildings), Exhibit 8 (Smaller Detached Buildings), ExhIbit 9 (Attached Dwellings and
Apartments), and Exhibit 12 (CCRe).
Section 8.4 A plaza ,shall be located on Main Stre-et, III th.e general vicinity of the red
asterisk shown on the Open Space Plan. This area shall comprise .a minimum of four
thousand (4,OOO)sqllare feet, and shall be a central gathering place for performances,
festivals, and other outdoor events. The plaza will be distinguished by hardscaping,
centnil landscaping, and a fountain.
Section 8.5 Within the rectangular area, which extends one hundred (100) feet south
from 146th 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 cent~rline of Main Street (such
, rectangular area being referred to as the "'Core Area"), all Bui Idings shall have a
minimum 0f two (2) occupiable floors. Along Main Street south of the Core Area in the
Village Core Use Slock, Buildings flanking Main Street" may vary between multiple
stories and one (1) story, so 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 Use Block and (ii) the total lineal feet of the front 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 Use Block. Multi-story buildings are encouraged around
the plaza described in Section 8.4 above.
Section 8.6 Buildings l~cated on 1461h Street, within one hundred (100) feet .east or
west of the center lirie of Main Street, shall have at le;:lst two (2) occupiable floors, and
Buildings located on 146th Street, more than one hundred (IOO) feet east or west of the
centerline of Main Street, may be only-one (1) story.inheight.
Section 8.7 A rendering, illustrating the intended character of M~in Street, is included
as Exhibit 18.
Section 8.8 In the Village Core Use Block there shall be no more than two (2) rows of
parking spaces between 146th Street and Buildings along 146th Street.
Section 9. Corner Use Block. This Block is located on the southwest corner of 146th Street
and River Road. No more than ten (10) Dwellings attached vertically (i.e. Townhomes) shall be
permitted per Building, no more t}lan 16 Dwell1ngs attached horizontally (I.e. flats) shall be
permitted per Building, and there is no limit on the number of Apartments per Apartment House.
provided, however, that subject to the applicable Maximum unit UmitatiDns specified to Section
11 below, there shall be no limitations on (1) the number of Apartments per Apartment House
11
VERSiON A - January 16, 2007
and (ii) the number of CCRC Dwelling Units withln the CeRe Multi-Unit Building located
wholly or partially within this Block.
Section 9.1 Permitted Uses are specified in Exhibit 14 (Use Table).
Section 9.2 The applicable delvelopment and architectural standards are specified in
Exhibit 10 (Commercial Buildings) and Exhibit 9 (Attached Dwellings and Apartments)
and Exhibit 12 (CeRe).
Section 9.3 The applicable character illustrations, indicating conceptually th~ intended
architecture and appearance of Buildings, are contained in Exhibit II (Corner Use Block
Commercial), Exhibit 9 (AttaChed Dwellings and Apartments), and Exhibit 12 (CeRC).
Section 10. Continuin2 Care Retirement Community. The CeRC can be located. anywhere
within the Legacy District, other th~n -in the Subut\)an Residential, Use Block; provided,
however, that no portion of the CCRe site may occupy more than 25% of the-Village Core Use
Block.
Section 10. ] 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 lO.2 The applicable development and architectural standards (i) for the CeRe
Multi-Unit Building are specified in Exhibit 12 (CeRe), (Ii) and for tl1.e ceRC Cottages
are specifled 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) CeRe Multi-Unit Building arc in Exhibit 12 and (ii)
the CeRC Cottages are in Exhibit 8 (Smaller Detached Dwellings) and (iii) Exhibit 9
(Attache4 Dwellings and Apartments).
Section lOA TheCCRC si te can range in size from 10 acres to 35 acres.
Section 11. Open Space Use Block. The Open Sr.ace Use Block is identified as the Concept
p'lan. Within this Block, the following provisions apply:
Section 11.1 Open Space can be developed as Environmental Open Space, Recreational
Open Space, Of a combination of both; provided, however, that anydevelopmeht of the
Open Space Block,east of River Road shall include ball fields and shall be limited to
Recreational Open Space available for use by (i) the community at large and the general
public, and/or (ii) notcfor-profit organizations, such as the CarnH~l Dad's Club, for youth
sports programs. Parking shrill be provided in Open Sp'acc areas as required by the
Zoning Ordinance. There shall beac:cessihl~ and us.able open space. with a 5 minute walk
(114 mne) from all Dwellings ",\'ithin the LegaCy DiOstrict.
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VERSION A - January 16, 2007
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 construction of an
amenity building, cutting of trails as depicted in Exhibit 3(Bicycle and Pedestrian 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 Use Block.
Section f 1.5 Storm water quality/quantity treatment may be constructed in the Open
Space Use Block and within the public rights-of-way.
Section 11.6 Trails shall be provided, where feasible, to link open space areas.
Sidewalks shall be a minimum of five (5) feet, pedestrian trails shall be a minimum of six
(6) feet wide, and Multi-Purpose Paths shall be a minimum of ten (10) feet wide.
Section 11.7 Biaswales and Open Space Character Illustrations are included in Exhibit
ll. Only those segments of Bioswales which are at least twenty (20) feet in width shall
qualify as Open Space.
Section 11.8 Within this Block, approximately 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 of a minimum size of one thousand eight hundred (1,800)
square feet, and shall also include a minimum of two (2) of the following selected by the
Controlling Developer:
A. A wading 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;
E. Two (2) half basketball courts;
F. Bocce ball courts;
G. An indoor workout area at least 1200 feet in size; and
H. Other amenities which are approved by the Director.
13
VERSION A - January 16, 2007
Section 11.9 Exhibit 4 conceptually i1lustrates areas of Open Space, and Exhibit 3
conceptually illustrates Multi-Purpose Paths, sidewalks and other pedestrian paths.
Section 12. Environmental Systems. Drainaee and Streets and Streetscapes
Section 12.1 Low Impact Development (LID) techniques shall be pennitted as an
environmental system to help attain water quality standards in conjunction with
development of the storm watet conveyance plan for the Legacy District. Examples of
permitted systems include the use of bioswales, bioretention, rain gardens and/or
permeable pavers. The conceptual drainage ways for the Legacy District are
approximated on the Exhibit 5 (Environmental Systems Plan).
Section 12.2 Subject to approval by COWIty Surveyor's Office, filling shall be allowed
within the floodplain areas (mapped Zone AE) of the Legacy District which are located
west of River Road and which have been isolated by previously approved developments
north of 146lh Street
Section 12.3 With respect to floodplain areas (mapped Zone AE) of the Legacy District
other than those described in 12.2 above, and subject to approval by County Surveyor's
Office, filling shall be aHowed, provided that mitigated floodplain storage volume is
provided at a ratio ofthree (3) to one (I).
Section 12.4 Subject to approval by County Surveyor's Office, stormWater detained,
conveyed and/or stored within flood plain areas (mapped Zone AE) in the Legacy
District, other than those described in Section 12.2 above, shall be exempted from
discharge limits outlined in the City's Stonnwater Technical Standards Manual, provided
that the net amount of existing floodplain storage in this area is increased by an amount
equal to or greater than the difference between the increase in post-development total
runoff volume and the pre-development total runoff volume.
Section 12.5 The drainage design for the Legacy District shall accommodate detention
volume for the fully developed site and for 50% of the fully developed thoroughfare plan
right-of-way for perimeter road frontages.
Section 12.6 The street layout (inc1udingrights-of-way, pavement widths, and design)
within the Legacy District shall be approximately as conceptually indicated on the
Exhibit 6 (Streets), adapted ~ appropriate to the topography, unique natural features, and
environmental constraints of the Legacy District; provided, however, that new curb and
median cuts to 146th Street, allowing the described layout, will require approval from the
County Highway Department, and may cause the described layout to change.
Section 12.7 Alleys shall be pcnnitted based on the following standards:
A. An Alley shall be a perpetual easement or private way and shall not be
dedicated to the public.
14
VERSION A - Januar)' 16,2007
B. Curbing is not required except at comers of intersections with other street
types. At such corner locations, curbing shall be required for the comer
radius ending at the intersection point of the radius and the path or
sidewalk paralleling the intersecting street. A concrete apron may serve as
point oftermination for the curb.
C. Permeable Pavers may he used for pavement section of Alleys.
D. Utilitie~ may be located within Alleys.
Section 12.8 An streets (excluding Alleys) within the Legacy District which are to be
dedicated for public use and accepted for maintenance by the City 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, unless specified otherwise in
Exhibit 6 or other parts of this Legacy Ordinance.
Section 12.9 With the approval of the Commission, streets within the Legacy District
may be private; provided, however, that the frontage road along 146111 Street may, at the
Controlling Developer's election and discretion, be either a public street or a private
street.
Section 12.10 Exhibit 6 also contains illustrations of streets to be constructed within the
Legacy District.
Section 12.1] A conceptual rendering of the 146111 Street frontage road view corridor,
adjacent to the Primary Office Use Block and Village Core Use Block, is included as
Exhibit 18. The street section of the frontage road along 146111 Street is included in
Exhibit 6.
Section 13. Landscapin2 Requirements. The landscaping in the Legacy District shall be
designed to compliment the architecture of the Dwellings 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 intef,'1'ated 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 sllch as Buildings, asphalt or coricrete paving, parking lots, erc.
15
VERSION A - January 16, 2007
B. All trees, shrubs and ground covers shall be pI anted according to American
Standard for NU1:sery Stock (ANSl 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 c;onditiolls. 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 inches in caliper diameter when planted.
Ornamental trees shall be at least 1.5 inches caliper diameter when planted.
Evergreen trees shall be 6 feet in height when planted. Shrubs shaH be at
least 18 incD-es in height when planted. Ornamental grasses shall obtain a
mature height ofat least 3 feet.
D. The Controlling Developer shall conserve eXIstmg established trees
identified on Exhibit 5 (Environmental Systems Plan); provided, however,
that said trees may be removed under any 0 f the following circumstances:
1. As is necessary to clear underbrush and dead trees;
2. As is necessary for the installation of access easements, right-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
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 he provided in the form of (a) fifteen. (15) foot greenbelt buffer in which stree~ trees
are planted, for portions of the perimeter of the Real Estate abutting 146tl1 Street, (b)
street trees for portions of the perimeter abutting other existing public right-of-way or
where a public right-of-way is created via a proposed frontage road other than adjacent to
1461h Street, and (c) landscaping per the requirements of Type "B" Bufferyard (3 shade
trees, 3 ornamental trees, and 15 shrubs per 100 linear feet) for portions of the perimeter
not abutting a public right-of-way. For portions of the perimeter that abut 1461h Street, the
required street trees may be grouped to allow view sheds into the Primary Office Use
Block, Village Core Use Block, and Corner 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.
Section 13.3 below. No bufferyards or landscaping internal to the Legacy District shall
be required between or within the seven (7) different Blocks of the Legacy District.
16
VERSION A - January 16, 2007
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 arens 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 stanQards, 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 Controlling Dcvc10per 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 sif,'l1uge.
Section 13.4. Building Landscaping Standards Building base landscaping shall be
provided at the base of all Building elevations which do not directly abut planted
hards.capes, to s.often the architectural lines of Buildings, frame the primary views to
Buildings and public spaces, and blend archilectural designs with the landscape. Building
landscaping shall be designed to appropriately complement a Building's use, setback,
height, and architectural features. Window boxes for flowers and planters on front stoops
and sidewalks arc encouraged in areas where landscaping cannot be installed at the base
of a Budding 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 Us.e Block, building base landscaping for
each Detached Dwelling shall include a minimum of seven (7) shrubs and/or
ornamental grasses. Additionally, 2 shade trees and one ornamental tree
shaH be planted for every Detached Dwelling. For Attached Dwellings, the
slandards set forth below in 13.4 (C) sha)) apply.
B. Within the Neighborhood Residential Use Block, building base landscaping
adjacent to the front elevation of each Detached Dwelling shall include a
minimum of five (5) shrubs and/or ornamental grasses. Additionally, one
shade tree andoJle ornamental tree shal1 be planted tor every unit. For
17
VERSION A - January 16, 2007
Attached Dwellings, the standards set forth below 1n 13.4 (e) shall apply.
C. Within the Urban Residential Use Block, building base landscaping adjacent
to the front elevation of each Building shall include a minirrHntl of five (5)
shrubs and/or ornamental grasses, and one (1) shade tree and one (l)
ornamental tree shall be planted for every two (2) Townhomes. For all other
Attached Dwellings and Apartments, 3 shade trees, 3 ornamental trees, and
twenty- fi ve (25) shrubs shall be planted per 100 linear feet of Building
froptage on right-of-way. Detached Dwellings shall have the same standards
as those for the Neighborhood Residential Use Block set forth in 13.4(B)
above. If the trees in this Block can not be planted between the Building
and the sidewalk, then an alternative location may be chosen tor 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 ()f h\fO (2) shade
trees, one (1) ornamental tree, and nine (9) shrubs per one hundred (laD)
I1near feet of Building frontage on right-of-way. Shruhs, 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 arc not limited to
interior courtyards, sidewalks (as additional street trees), parks, plazas,
parking lots, alleys, etc. In addi'tion, 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
req u i rem en 1.
E. Within the Corner Use Block, building base landscaping for each Building
shall contai n three (3) 'Shade trees, three (3) ornamental trees, and fifteen
{IS) shrubs per one hundred (100) linear feet of Building frontage on right-
of-way.
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 l3.5. 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 (400) square feet of useable soil volume being
18
VERSION A - January 16,2007.
provided for each two (2) tret:s;
B. Lot Perimeter. A minimum five foot (5') Vv'ide perimeter planting strip shall
be provided on all sides of a parldng 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 (100) lineal feet of strip.
Walls or fences with a minimum height oftorty-two inches (42") may be used
in lieu of planting. Perimeter planting may occupy the same space as a
required butTeryard but may not be counted towards Perimeter Bufferyard
Requirements.
Section 13.6. Maintenance It shall be the responsibility of the owners and their agents
to insure proper maintenance of project landscaping in accordance with the Legacy
Ordinance and best management practice standards. This is to include, but is not limited
to, mowing, tree trimming, planting, maintenance contracting, irrigation and mulching of
planting areas, replacing dead, diseased, or overgrown plantings with identical varieties
or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and
weeds.
Section 14. Li2htine.
Section 14.1. Commercial Lighting. An site lighting within the Primary Office Use
Block, Village Core Use Block, and the Corner 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 Exhihit 15, and consistent throughout
the Real Estate.
Section 14.3. Street lights along all collector streets and within the Primary Office Use
Block, Village Core Use Block, and Comer Use Block, shan be provided at regular
intervals. Street lighting 011 residential streets shall be confined to the intersections and
comers.
Section 14.4. Lighting for pemlitted activities shaH be permitted within the Open Space
Area.
Section 14.5. Lighting in the Village Core Use Block, the Primary Office Use Block, the
Comer Use Block, 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 upen for business.
Section 15. Shms.
Section 15.1. Residential Signs. Unless variances are granted by the BZA, signage
for all residential areas shall meet the requirements of Article 25.7 of the Zoning
[9
VERSION A - .January 16,2007
Ordinance. Typical residential signs depicted on Exhibit 16, (Typical Residential Area
Signage). Illumination of any such signage shall be from a source external to such
slgnage.
Section 15.2. Commercial Signs. Unless variances are granted by the BZA, all signage
on Commercial Buildings shall meet the r.equirements ofSectlon 25.7 of the Zoning
Ordinance. [n 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 ~ntitled "Carmel Drive - Rangelinc Road Overlay"; provided, however, that
(i) monument, center identification signs later approved by the Plan Commission in
connection with DPIADLSapprovals, shall be permitted on the comers of Main Street
and 146th Street, and (i i) ground signs for Buildings on outlots pennitted under Section
8.6 above are also allowed.
Section 15.3. Murals. Murals, painted on a wall of a Building, whicb 'are artistic in
nature and do not contain trademarks, moving parts or lights, shall not constitute a wall
sign and are permitted.
Section 16. Parkin!!.
Section 16.1. Parking. The minimum number of parking spaces to be provided shall be
computed as followg:
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 (l,OOO) square feet of retail floor space;
and;
C. Except as provided in Section 16.1 (D) below, the rules set forth i'n 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;
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 p~rking shall be designed and
constructed so as to create a desirable, efficient, and well planned off-
street parking area with functional and aesthetic value, (ittractivencss and
compatibility with adjacent land uses. Where it is established to the
Department's satisfaction that adjacent buildings have uses that require
parking at complementary times of the day or days of the week, the total
number of shared parking spaces provided shall be less than the total of
the minimum number of spaces required for each individual use. In
20
VERSION A - January 16, 2007
addition, on-street parking spaces may, if available and adjacent to the lot
of the lise, be counted as part of the total parking spaces required by this
Section 16.1 (D); and
E. Bicycle parking shall be provided in compliance with Section 27.06 oftbe
Zoning Ordinance.
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. Scre~ning and landscaping shall prevent direct views of the loading areas
and their driveways from adjacent properties br from tbe public right~of-
way. Screening and buffering shall be achieved through walls, fences, and
landscaping, shall be a minimum of tive teet 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 Primary Residential Densitv. The total number of Detached Dwellings,
Attached Dwellings, Apartments, and ceRe Cottages shall not exceed one thousand
three hundred forty-four (1,344), may occur in any combination subject only to the
limitations in Section 17.I(A) and Section 17.1(B) below, and are referred to in the chart
in Section 17.3 below as "Base Units". With respect to Attached D\vellings and
Apartments, the following additional limitations shall apply:
A. Maximum Attached Dwellings. Without the approval of the Plan
Commission, there shall be no more than tive hundred (500) Attached Dwellings;
and
B. Maximum Apartments. Without the approval of the Plan Commission, there
shall be no more than three hundred (300) Apartments.
Section 17.2. Ancillary Use Limitations. Lofts, Accessory Dwellings, Beds and
Breakfasts, and CeRe Dwellings located within ceRe Multi-Unit Building, are (i)
pem1itted \Vit11in the Legacy District, but are not specifically planned for any particular
area of the Legacy District and are less intense and more ancillary in character, (ii) in
addition to and not cOlmted toward the one thousand three hundred forty~four (1,344)
permitted Detached Dwellings, Attached Dwellings, Apartments, and CeRe Cottages,
and (tii) are referred to in the chart in Section 17.3 below as "Ancillary Units." Without
21
VERSION A - January 16,2007
the approval of the Commission, the number of (i) Lofts shall not exceed two hundred
(200), (ii) Accessory Dwellings shall not exceed thirty (30), (iii) beds and breakfasts shall
not exceed five (5), (iv) bed and breakfast rooms shall not exceed thirty (30), and (v)
CCRe Dwellings located within a CCC Multi-Unit Building may not exceed two
hundred twenty-five (225).
Section 17.3. Chart Summarizing Unit Limitations. The following chart summarizes the
text of Section 17.1 and Section 17.2 above:
With] 00% of Base Units With 100% of Base Units and ]00%
and no Ancillarv Units of Ancillary Units
Base Unil~ (See Section 17.1) 1,344 ],344
Ancillary Units (See Section 17.2):
- Lofts (0 - 200) 0 200
- Acce~sory Dwellings
(0 - 30) 0 30
- Beds and BreakfaslsJRooms 0 5/30
- CCRC Dwellings within
CCRe Multi-Use Building 0 225
(0 - 225)
TOTAL POSSIBLE DWELLINGS 1,344 1,829
TOTAL ACREAGE 498 498
DENSITIES 2.70 3.67
Section 18. Homeowners Association and Declaration of Covenants.
Section] 8.1. Declaration(s) of Covenants and Owners Association(s). Declarations of
Covenant(s) shall be prepared by the Controlling Developer and recorded with the
Recorder of Hamilton County, Indiana. There may be multiple Declaration(s) of
Covenants applicable to different portions of the Real Estate, and multiple corresponding
Owners' Association(s). The Oec1aration(s) of Covenants shall establish an Architectural
Review Board, which sha.1l establish guidelines regarding the design and appearance of
dwellings and, with respect to residential colors, shall provide that (i) selected colors
must be harmonious with colors used on the Dwelling, such as roofing and brick, and
must be harmonious with other colors used in the surrounding neighborhood, (1i) multiple
colors arc available on the color palette approved by the Architectural Review Board,
which, from time to time, may be reviewed and updated.
Section J9. Approval Process.
Section 19.1. Approval or Denial of Plats and Final Development Plan.
A With respect to any portion of the Legacy District other than the areas on
which lots are developed for Detal.:hed 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 [itk
22
VERSION A - January 16, 2007
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. All. secondary plats for any portion of the Legacy District shall
he approved administratively by the Department, and shall not require a
public hearing betore the Plan Commission, so long as the proposed
secondary plat substantially con forms with the corresponding approved
primary plat.
C. No DP} ADLS approval by the Commission shall be required with respect
to Detached Dwellings and their associated Accessory Dwellings,
Accessory Struchlres, landscaping, lighting, and signage, but all other
Buildings ancf associated parking, landscaping, lighting and signage shall
require.Dp/ADLS approval by the Commission.
D. If there is a Substantial Alteration in the approved DP/ADLS or primary
pl~t, review and approval of the an~ended plans shall be made by the
Commission, or a Committee thereof, pursuant to the Commission's rules
of procedure. Minor Alterations and Matcriai Alterations may be
approved by the Director.
E. The Director shall have the sole and excIusive 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 Dire.ctor shall not unreasonably
withhold or delay the Direct9r's approval of the FUP that is insubstantial
conformance \l/ith corresponding approved development plan/primary plat
amJ isin confonnance with the DevelopmentRequirements of this Legacy
Ordinance. If the Director disapproves any FOP, 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 Requirements.
A. The Commission may, upon petition .ofthe ControllingDeve1Qper, modify
any requirements specified in this Legacy Ordinance.
B. Modification of the Development Requirements, requested by the
Construction 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 Rules of Procedure. However, any
decision of a hearing examiner or committee which denies any requested
modification may be appeaJed by the party requesting approval to the
Commission, also in accordance with the Commission's Rules of
Procedure.
23
VERSION A - January 16, 2007
C. Any proposed modification of the Development Requirements shall
comply with the' following guidelines:
J. The modification shall be in harmony with the purpose and intent
of this Legacy Ordinance.
2. The modification shaIl not have an adverSe impact on the physical,
visual, or spatialcharactenstics ofthe Legacy District.
3. The 'modification shaH not have an adverse impact on the
stn;etscapeand 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 becreateci shall notbc reduced
below the requirements of this Legacy Ordinance.
D. When applying the Development Requirements, the C~mmission shall
carefully weigh the specific circumstances surrounding the modification
. petition and strive for develepment. soluti.ons that promote the spirit, intent
and purposes of this Legacy Ordinance.
E. If the Commission (acting through its hearing examiner or committee)
determines thatthe proposed modification will not have an adverse impact
on development in the LegacyDistrict, 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. ControlJine Developer's Consent. Without the written consent of the
Controlling. Developer, no other developer, user, owner, or tenant may obtain any permits or
approvals, whatsoev~r, with respect to the Real Estate or any portion thereofand, as such, and by
Way of exarnple but not by limitation, none of the following may be obtained without the
approval and consent ofthe Controlling Developer:
A. lmprovement ldcation permits for any improvements \vithin the Real
Estate;
B. Sign permits for any signs within the Real Estate~
C. Building penn its for any buildings within the- Real Estate;
24
VERSION A - January 16,2007
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 8-1 (Residential) under the
Zoning Ordinance, and the use and development of the River Developable Parcel shall be
governed by the 8.1 (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 afthe Zoning Ordinance.
FbY the
~
. t'I~ .
Common Council of the City of Cannel, Indiana this ;)..:Aday of
, 2007, by a vote of ~ ayes and l nay~.
25
VERSION A - January 16, 2007
~~.'I '='
COMMON COUNCIL FO
~
oJ'!
. Dff~~
fIV
MaTk~4
Richard L. Sharp
ATTEST:
Treasurer
Presented bv me to the Mayor of the City
~~ ,2007, at i: ~o
nd
the .;l0l. day of
Approved by me, Mayor of the City of Carmel, Indiana,
~~ ' 20Q7, at "l'- d..O o'clock f .M.
day of
ATTEST:
Version A - January 16, 2007
This Instrument prepared by: Charles D. Frankenberger, NELSON & FRANKENBERGER,
3105 East 981h Street, Suite 170, Indianapolis, iN 46280 .
VERSION A -January 16, 2007
/" ~i.
"
..
"
COMMJTMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
East Carmel, LLC.. the contract purchaser of the real estate located in Hamilton County,
Indiana, and described in what is attached hereto and incorporated herein by referenced as
Exhibit "A" (the "Real Estate"). makes the following Commitments (the "Commitments")
applicable to the Real Estate, to the Plan Commission and Common Council of the City of
Carmel. Indiana.
Section 1. Definitions. Different words and terms are defined throughout these
Commitments and, further, the following definitions shall apply throughout these Commitments:
L Qtt - "City" shall mean and refer to the City of CarmeL Indiana.
2. Common Council- "Common Council" shall mean and refer to the Common Council
of the City of Carmel, Indiana.
3. Developer. East Carmel. LLC, its Sllccessors and assigns.
4. Drawing - The "Drawing" shall mean and refer to the drawing which is attached
hereto and incorporated herein by reference as Exhibit "B" .
5. Heavy Construction Trucks and Equipment - "Heavy Construction Trucks and
Equipment" shall mean and refer to (i) semi-tractors and trailers, (ii) tri-axle trucks,
(ili) trucks used 10 haul or transport construction equipment. development equipment.
and development materials, stich as wood, asphalt, or concrete, and (iv) bulldozers,
earth moving equipment and cranes.
6. The Legacy Ordinance - "The Legacy Ordinance" shall mean and refer to Ordinance
Number enacted by Common Council
7. Plan Commission - "Plan Commission" shall mean and refer to the Plan Commission
of the City of Carmel
Section 2. Commitments Applicable to the Real Estate. The following commitments are
applicable to the Real Estate:
1. Signs- Prior to the commencement of development pursuant to the Legacy
Ordinance, the Developer (i) shall confer with the City's Department of Engineering
with respect to signage which will direct the operators of }-[eavy Construction Trucks
and Equipment away from entering and exiting the Real Estate through existing
residential subdivisions, from entering the Real Estate by traveling north on River
Road, and from traveling soulh on River Road after exiting the Real Estate and (ii)
subject to the granting of any necessary approvals, install such signs in the are(lS
indicated on the Drawing and/or such other areas internal to the Real Estate as
recommended by the City's Department of EngineerIng.
2. Duration - The signs made the sLlbject of paragraph one (l) above shall remain in
place until the substantial completion of the initial construction and develo'pment of
the Real Estate pursuant to the Legacy Ordinance, or until the Plan Commission
approves the removal of the said signs.
Section 3. Bindiof!on Successors. These Commitments are binding on the Developer. eac~
other person acquiring an interest in the Real Estate. unless modified or terminated by the.
Commission. These Commitments may be modi:fh:~d or terminated only by a decision of the Plan
Commission. The provisions of this Section 3 notwithstanding, these Commitments shall
terminate as to any part or parts of the Real Estate hereafter reclassified (rezoned) on the City' s
Offjdal Zone Map. .
Section 4. Effective Date. The Commitments contained herein shall be effective upon the
occurrence of all of the following events:
1. The enactment of the Legacy Ordinance; and
2. The commencement of the development of the Real Estate pursuant to the Legacy
Ordinance.
Section 5. Recordint!. The undersigned herehy authorizes the Secretary of the Plan
Commission to record these Commitments in the Office of the Recorder of Hamilton County,
Indiana.
Section 6. Enforcement. These Commitments may be enforced by the Common Council or the
Plan Commission.
IN WITNESS WHEREOF. DEVELOPER has caused these CommItments to be executed 'as of
the date First written above.
EAST CARMEL, LLC
By: Platinum Properties. LLC,
By: .
Paul Rioux, Jr.
President
.'
STATE OF INDIANA )
) 55:
COUNTY OF MARION )
Before me the undersigned. a Notary Public in and for said County and State, personally
appeared Paul Rioux. Jr., President of Platinum Properties, LLC, an Indiana limited liability
company, Manager of East Carmel. LLC. an Indiana limited liability company and
acknowledged the execution of the foregoing Commltments this _ day of
2007.
Witness my hand and Notarial Seal this
day of
,2006.
My Commission Expires:
Notary Public
Residing in
County
Printed Name
Prepared By: Charles D. Frankenberger. Nelson & Frankenberger. 3105 East 98th Street,
Suite 170. Indianapolis. Indiana 46280 (317) 844-0106,
Pursuant to Ie 36-2-11 ~ 15(b)(2). I affirm. under the penalties for perjury, that I have taken
reasonable care to redact each Social Security number in this document, unless required by law -
Charles D. Frankenberger
EXHIBIT U A"
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 of 337.40 feet; thence South 20 degrees 07 minutes 12 seconds West a
distance of 149.74 feet to the Point of Beginning being the southwest intersection of the
rights-of~way for 146\h Street and River Road as described in Instrument No.
200100065741 in the Office of the Recorder of HamiUon 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 of 688.98 feet, the radius point of
which bears North 89 degrees 52 minutes 19 seconds West; (4) southerly along said
CUr\1ean arc distance of 426.40 feet to a point which bears South 54 degrees 24
minutes 43 seconds East from said radlLlS 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 of 367.82 feet to a point which bears
North 68 degrees 11 minutes 57 seconds West from said radius point: (10) South 21
degrees 48 minutes 03 seconds West a distance of 191.51 feet; (11) South 15 degrees
18 minutes 16 seconds East a distance of 82.28 feet; (12} South 68 degrees 12 minutes
11 seconds East a distance of 16.50 feet to the physical centerline of River Road, the
following 17 courses along the physical centerline of River Road; (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 of 99.76 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 rad~us point of which bears North 66 degrees 03 minutes 44
seconds West; (5) southwesterly along sa~d 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 Wes~ a distance of 84.84 feet; (8) South 58 degrees
29 minutes 55 seconds West a distance of 204.22 feet; (9) South 59 degrees 38
minutes 13 seconds West a distance of 213.74 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 of 210.95 feet; (12) South 59 degrees 08 minutes 15 seconds
West a distance of 205.20 feet to a point on a non-tangent Gurve 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 teet 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 North 50 degrees 07
minutes 52 seconds West from said radius point; thence North 00 degrees 53 mInutes
16 seconds West along the southerly extension of the Carmel Clay School's land
described in Instrument No. 9609651829 in the Office of the Recorder, Hamilton
County, Indiana a distance of 78.51 feet to the south corner of said land being a point
on a non-tangent curve to the right having a radius of 1285.49 feet, the radius point of
which bears South 47 degrees 28 minutes 47 seconds East; thence northeasterly along
said curve and the east line of said land an arc distance of 100.05 feet to a point which
bears North 43 degrees 01 minutes 14 seconds West from said radius point;
thence continuing North 46 degrees 58 minutes 46 seconds East along, said east !ine a
distance Of 613.46 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
Northwest Corner of said Southwest Quarter also the Southeast Comer of the East Half
of the Northeast Quarter of Section 22; thence South 89 degrees 39 minutes 16
seconds West along the south line of saId East Half a distance of 1321.00 teet to the
Southwest Corner of said East Half; thence North 00 degrees 02 minutes 32 seconds
West along the west line of said East Half a distance of 2610.79 feet to the southerly
right-of-way of 146th Street, the remaining courses along said right-ot-way; thence South
84 degrees 4.8 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 dis.tance 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 of 2161.67 feet to the Point of
Beginning, containing 413.41"4 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
particutarly 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 146th
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 radlus of 6650.26 feet, the radius po,nt 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 pofnt;(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 curv~ 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 rninwtes 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 SGuth 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 rtght-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 toa 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 of 258.32 feet; (5) thence North 34
degrees 37 mrnutes 42 seconds East a distance of 27.30 feet to the Point of Beginning,
- containing 95.82 acres, more or less. Total area containing 509.234 acres, more or less.
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CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF PITTMAN PARTNERS, l.LC
TO REZONE PROPERTYI.OCATED
NORTH OF 126TH STREET, SOUTH OF 146TH STREET,
AND ON EITHER SIDE OF RIVER ROAD
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-501-07
To: The Honurable CorruilonCouncil
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission otTers you the following report on the application (Docket No. 06050001 Z)
of Pittman Partners LtC, petitioning the Commission for a favorable recommendation to rezone 509.234
acre$ located north of 1261h Street, south of 146([1 Street, and on either side of River Road, from S-
1 lResidential to PUO/Planned Unit Development to provide for the purpose of creating a primarily
residential, mixed-use development.
The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE."
At its regularly scheduled ill.eeting on December 19, 2006, the Carmel Plan Commisslon voted seven (7) In
Favor, two (2) Opposed (Schleif and Rattermann), to forward to the Common Council the proposed
Ordinance No. Z-501.07 \l.:ith a Favorable Recommendation.
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to Ie 36-7-
4-608(f)(4), the Council has ninety (90) days to act on this pdition before it becomes effective as Certified
by the Commission. Ninety days from the date of this Certification (December 20, 2006) is Monday, March
19,2007.
BY:
2006-1220; Z-SOI.07 LEGACY PIJDCERTIFICATION
RECEIVED
DEe 2 0 2006 ,
~rmel()erk-1Tea~rer