PUD Ordinance Z-501-07
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Sponsor: Councilor Mark Rattermann
CARMEL, INDIANA
The Legacy
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-501-07
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T ABLE OF CONTENTS
Page
Section 1. Applicabilitv of Ordinance.......... ... ................ .......... ............. .......... ... ................... ..........5
Section 2. Defmitions and Rules of Construction. .................... ......... ......................... ........ ...........6
Section 3. Accessory Buildings and Uses...................... .......................................................12
Section 4. Suburban Residential Use Block...... ..........................................................................12
Section 5. Neighborhood Residential Use Block...... ..................................................................13
Section 6. Urban Residential Use Block. .. .. . .. . .. .. . .. . . . . . .. ........... ...........................................13
Section 7. Primary Office Use Block.............................................................................................14
Section 8. Village Core Use Block...... ..... .... ...... .... .................. ................ .......... ........... .....14
Section 9. Corner Use Block... ........... ......... ...... ......................... ....... ...... ..... ....... ......... ......15
Section 10. Continuing Care Retirement Community....... ... . ......... .. ........... ................ .........1 6
Section 11. Open Space Use Block.. ...............................................................................................16
Section 12. Enviromuental Systems. Drainage and Streets and Streetscapes....................... .17
Section 13. Landscaping Requirements. .. .. . . . . .. . .. . .. . . . .. ......... ............................................... ..19
S eeti on 14. Li ghting. . . . . . . . . . . . . . . . . . . . . . . .. ....... .. ... .. .. .. .. .. ...... .. .. ...... .. .. . .. ... .. .. .... .. .. .... .. .. ... ... .. .. . .. .. .23
Section 15. Signs. . . . . . . . . . . . . . . . . . . . . . . . . ..................... ....................... ..... ..... .. ............................... ..23
Secti on 16. Parking. . . . . . . . . . . . . . . . . . . . . . .'. . . . ................................................................................ ..24
Section 17. Maximum Unit Limitations..... ......... .................... ............ .......... ................. ...............25
Section 18. Homeowners Association and Declaration of Covenants. . . . . . ...... . . . . . . . . . . . . . . . . . . . .26
Section 19. Approval Process. . . . . . . . . . . ... .................................. ........ ........ ................................ ..26
Section 20. Controlling Developer's Consent....... ....................................................................28
Section 21. River Developable Parcel. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ........................ .28
Section 22. Violations. . . . . . . . . . . . . . . . . ... ..................... ........................... ............................. ........ ...29
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Exhibit I.
Exhibit 2.
Exhibit 3.
Exhibit 4.
Exhibit 5.
Exhibit 6.
Exhibit 7.
Exhibit 8.
Exhibit 9.
SCHEDID-lE OF EXIDBITS
Legal Description
Concept Plan.
Bicycle and Pedestrian Plan
Open 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 I L Comer Use Block
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A. Character Illustrations
Exhibit 12. CCRC Multi Unit Building
A. Development and Architectural Standards
R Character Illustrations
Exhibit 13.
Exhibit 14.
Exhibit 15.
Exhibit 16.
Exhibit 17.
Exhibit 18.
Open Space Character Illustrations
Use Table
Typical Street Lighting
Typical Residential AreaSignage
River Parcel Legal Description
Streetscapes
A. 146th Street Frontage Road Streetscape
B. Main Street Streetscape
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Sponsor: Councilor Mark Rattermann
ORDINANCE Z-501-07
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, Il'ITDIANA
ESTABLISIDNG
THE LEGACY
PLANNED wrIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the CarmeVClay Zoning Ordinance Z-289 (the "Zoning
Ordinance"), provides for the establishment of a Planned Unit Development District in
accordance with the requirements ofl.e. 936-7-4-1500 et seq.; and
WrIEREAS, the Plan Commission has given a positive recommendation to this POD
district ordinance (the "Legacy Ordinance") which establishes the Legacy Planned Unit
Development District (the "Legacy District") with respect to the r~al 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 with any provision of this Legacy Ordinance and its
exhibits are hereby inapplicable to. tbe 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 t~vfayor.
Section 1.
Applicability of Ordinance.
Section 1.1 The Zone Map is hereby changeGto designate tbe Real Estate as a Planned
Unit Development District to be knovm as the Legacy District.
Section 1.2 Development in the Legacy District sball 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 tenn not defmed 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.
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Section 2.
Definitions and Rules of Construction.
Section 2.1 General Rules of Construction. The following general rules of
construction and definitions shall apply to the regulations of this Legacy Ordinance:
A. The singular number includes the plural and the plural the singular. unless
the context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the
future the present.
C. The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement.
Section 2.2 Definitions. The following definitions shall apply throughout this Legacy
Ordinance:
Accessory Dwelling. A Dwelling which is detached from but located on the same
lot as a Detached Dwelling, has an independent means of access and is owned by
the owner of the principal 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 which is subordinate to a Building or use
located on the Real Estate and which is not used for pemunent human occupancy.
AccessOlY 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 in 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
limitation, anyone or a combination of the foilowing: (i) a swimming pool,. (ii) a
bath house with changing rooms and storage, (iii) recreational equipment, (iv)
tennis courts, (v) basketball courts, (vi) bocce ball courts, (vii) indoor andlor
outdoor workout areas, and (viii) any other recreational facilities approved by the
Director.
Apartment. A Dwelling intended primaIily for rental.
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Apartment House. A building containing more than one (1) Apartment placed
one on top of another and/or side by side, and sharing cormnon 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 otberimprovements.
Attacbed Dwelling. Dwellings which are attached vertically or horizontally,
including Townhomes, flats, duplex, triplex, or quadruplex dwellings. Attacbed
Dwellings may be sold as condominiums or as individually deeded lots.
Apartments shall not be within the definition of Attacbed 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(s), (iv) the Primary Office Use Block, (v) the Village Core Use Block, (vi)
the Comer 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 twenty percent (20%);
provided, however, that the Maximum Unit Limitations specified in Section 17
below shall remain linaffected.
Building: A structure having a roof supported by colwnns 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 ofthe 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
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 tbe sales and/or rental of Dwellings located in the Building in which the
sales/rental office exists and (ii) a home occupation.
Continuing Care: The provision of lodging, 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, evidenced by written
contracts, and in consideration for the payment of an entrance fee, with or without
other periodic charges.
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Continuing Care Retirement Conununity: A place where continuing care is
provided to senior citizens and ,vhich 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)
exercise rooms, (v) libraries, (vi) computer rooms, (vii) kitchen, food service, and
dining rooms, (viii) automatic teller machines, (ix) administrative offices, (x)
storage spaces, (xi) chapels, (xii) gift shops, (xiii) hair stylistfbarber shops, and
(xiv) assisted living and/or nursing beds.
CCRC: An abbreviation for a Continuing Care Retirement Community
CCRC Cottage: A Detached DweUing or an Attacbed Dwelling occupied by one
or more CCRC resident(s) which is part of the CCRC butis 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 def111ition 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 Camlel, 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
planes) may vary.
Controlling Developer: .Shall mean East Cannel, LLC, lliltil such time as East
Cannel, LLC transfers or assigns, in vmting, 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 Carhlel, 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 o\'mer, (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 (lii) use
either method described in (i) and (ii) above with respect to different portions of
the Real Estate.
Corner Use Block: What is identified on the Concept Plan as the "Comer Use
Block".
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Coimcil: The City Council of the City of Cannel, Indiana.
County: Hamilton County, Indiana.
Declaration(s) of Covenants: DecIaration(s) of Covenants, Conditions and
Restrictions applicable to the Real Estate, or any portiOll 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 DepaItment of Community Services of the City of Carmel,
Indiana.
Detached Dwelling. 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 tenTI Detached Dwelling does not include manufactured homes,
mobile homes, modular homes or recreational or motor vehicles.
Deve1cmment 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 CCRe Cottage, and an Attached Dwelling
within the CCRC Multi-Unit Building.
Envirom11ental Open Space: Open space which contains narnral systems
(including manmade systems) that function to preserve the natural integrity of the
Legacy District. Such spaces include existing woodlands, bio-swales, restored
prairies, and naturalized detention ponds.
Final Development Plan: A specific plan for the development of the Real Estate,
or any pOltion thereof, which is submitted for approval showing proposed
facilities, buildings, and stmctures. Final Development Plans shall include
general landscaping, parking, drainage, erosio:p control, signage, lighting,
screening aIld building infom1ation for the site.
Flood Plain Law: Any and all laws, statutes, ordinances, rules, or regulations
governing the use and development ofland within flood plains.
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Larger Detached Dwel1in~s: Dwellings complying with the standards specified
in Exhibit 7.
Loft. One or more rooms which are connected together and located above tbe 1 st
floor of any building in the Urban Residential Use Block, Primary Offic.e Use
Block, the Village Core Use Block, or the Corner Use Block and which (i) are
arranged, designed, used, mid 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.
Masonrv: 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 segment of the street, shoVilIl on Exhibit 2 (the "Concept
Plan") wh1ch extends north to south through the Village Core Use Block and is
located within 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 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 tbe primary pedestrian and
bicycle 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.
Neighborhood Residential Use Block: What is identified on the Concept Plan as
the "Neighborhood Residential Use Block".
Open Space: Open space shall complise 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 thecomrnunity at large. Except as otherwise
provided herein, 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
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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 Association(s): O\vners 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 proj ect, situated between
and extending along the side and rear project bow1daries 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 1.
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 nern-'orks, 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, more or less,
and not identified on the Concept Plan as "S 1 (CaDl1el Zoning Ordinance)". The
size and configuration of the River Developable Parcel may vary iTom 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.
.fu@: Any type of sign as further defined and regulated by this Legacy Ordinance
and the Sign Ordinance for Cannel-Clay Township, Ordinance Z-196, as
amended.
Smaller Detached Dwellings: Dwellings complymg with the standards specified
in Exhibit 8.
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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 tbe plan's total area or approved
materials.
Townhome: A single family Attached Dwelling tbat is attached vertically and
provides for individual unit access. Units share party 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 tbe primary clientele of which lives or works within close proximity of the
Legacy District. Each individual Village Supporting Commercial use shall not
occupy more than t\vo thousand five hundred (2,500) square feet and must be
pedestrian and bicycle oriented in design and accessibility. All parking shall be
accommodated in the rear, sides, and on-street. Tbese uses can be detached, or
integrated within a mix of other llses.
Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance.
Zoning Ordinance: Cannel/Clay Zoning Ordinance Z-289, as amended from time
to time.
Section 3. Accessorv Buildinl!s and Uses. All Accessory Structures and Accessory Uses
allowed under the Zoning Ordinance shall be pemlitted in the Legacy District; provided,
however, that any detached accessory building shall have on all sides the same architectural
features or shall be architedurally 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 lots. "'While tlns Block is primarily Detacbed Dwellings,
Attached Dwellings are pem1itted tlu.ough special use review and approval by the BZA, and the
standards and character illustrations for Attached Dwellings in Exhibit 9 shall apply to all
Attached Dwellings approved by the BZA in Suburban Residential Use Block. No more than 4
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Attached Dwellings shall be pennitted per Building. Home-based business is pennitted 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. Nei2bborhood Residential BIock(s). This Block contains a mix of Detached
Dwellings and Attached Dwellings. No more than 10 Dwellings attached vertically (i.e.
Townhomes) shall be pennitted per Building, and no more than 16 Dwellings attached
horizontally (i.e. flats) shall be pemritted per Building; provided, however, tbat subject to the
Maximum Unit Limitations specified in Section 17 below, there shall be no limit on the number
ofCCRC Dwellings allowed in the CCRC Multi-Unit Building located wholly or partially within
this Block. Home-based business is pemlitted as per the Zoning Ordinance.
Section 5.1 Pennitted 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), Exhibit
2. (Attached Dwellings), and Exhibit 12 (CCRe).
Section 5.3 The character illustrations, indicating conceptually the intended architecture
and appearance of Dwellings, are contained within Exhibit 7 (Larger Detacbed
Dwellings), Exhibit 8 (Smaller Detached Dwellings), Exhibit 9 (Attached Dwellings),
and Exhibit 12 (CCRe).
Section 6. Urban Residential Use Block. This Block is a village setting of predominately
Attached Dwellings and Apartments. No more than ten (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
applicable Maxi1l1lUl1 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 CCRC
Dwelling Units within the CCRC Multi-Unit Building located wholly or partially within this
Block While this Block is primarilYTesidential in nature, Village Supporting Commercial Uses
are pennitted 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).
Section 6.2 The applicable development and architectural standards are specified in
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Exhibit 8 (Smaller Detached D\vellings) and in Exhibit 9 (Attached Dwellings and
Apartments ), Exhibit 10 (Commercial Buildings), and Exhibit 12 (CCRe).
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), Exllibit 9 (Attached Dwellings and Apartments), Exhibit 10
(Conunercial Buildings), ahd Exhibit 12 (CCRC).
Section 7. Prima", Office Use Block. This Block serves primarily office uses. This Block
serves as a transitional area to the adjacent Urban Residential Use Block, and pemlits 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 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, 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 12 (CCRe).
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 (CCRe).
Section 7.4 All Buildings within this Block, other than Accessory Structures, shall have
a minimum of two (2) occupiable floors.
Section 7.5 In the Primary Office Use Block there shall be no more than two (2) rows of
parking spaces between 146th Street and Buildings along 146th Street.
Section 8. Villae: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 Plimarily retail use on first Hoors of buildings
along and adjacent to Main Street, and Lofts can be found on upper levels. No more than ten
(10) Dwellings attached vertically (Le. Townhomes) sha:ll be permitted per Building, and no
more than sixteen (16) Dwellings attached horizontally (Le. flats) shall be pennitted 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 (ii) the number of CCRC Dwelling Units within the CCRC Multi-Unit "Building
located wholly or partially within this Block. This 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 E:xl1ibit 14 (Use Table).
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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 (CeRe).
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), Exllibit 9 (Attached Dwellings and
Apartments), and Exhibit 12 (CCRC).
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 shall COlTiprise a minimum of four
thousand (4,000) square feet, and shall be a central gathering place for perfonnances,
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
fTom 146tb Street, along the center line of Main Street, and which is one hundred (l00)
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 ofwo (2) occupiable floors. Along Main Street south of the Core Area in the
Village Core Use Block, Buildings flanking Main Street may vary between multiple
stories and one (1) story, so long as (i) no continuous stretch of one (l) story Buildings
exceeds thirty (30) percent ofthe 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 (l) 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 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 146tb Street, more than one hundred (100) feet east or west of the
centerline of Main Street, may be only one (1) story in height.
Section 8.7 A rendering, illustrating the intended character of Main Street, is included
as Exllibi t 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 146tb Street.
Section 9. Corner Use Block. This Block is located on the sO"ijthwest comer of 146tb Street
and River Road. No more than ten (10) Dwellings attached veliically (i.e. Townhomes) shall be
pennitted per Building, no more than 16 Dwellings attached horizontally (i.e. flats) shall be
pennitted per Building, and there is no limit on the number of Apartments per Apartment House.
provided, however, that subject to the applicable Maximum unit Lijnitations specified to Section
17 below, there shall be no limitations on (i) the number of Apartments per Apartment House
15
and (ii) the number of CCRC Dwelling Units within the CCRC Multi-Unit Building located
wholly or pm1ially 'Within tins Block.
Section 9.1 Pemlitted 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 mld Apartments)
and Exhibit 12 (CCRe).
Section 9.3 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of Buildings, are contained in Exhibit 11 (Comer Use Block
Commercial), Exhibit 9 (Attached Dwellings and ApartmellJs), md Exhibit 12 (CeRC).
Section 10. Continuiue Care Retirement Community. The CCRC can be located anywhere
within the Legacy District, other than in the Suburbm Residential Use Block; provided,
however, thatno portion of the CCRC site may occupy more than 25% of the Village Core Use
Block.
Section 10.1 Pemlitted Uses are specified in the definition, in Section 2.2 above, of a
Continuing Care Retirement COlmnunity, 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 (CCRC), (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 appem'ance of (i) CeRe Multi-Unit Building are in Exhibit 12 and (ii)
the CCRC Cottages are in Exhibit 8 (Smaller Detached Dwellings) and (iii) Exhibit 9
(Attached Dwellings illld Apartments).
Section lOA The CCRe site can range in size from 10 acres to 35 acres.
Section 11. Open Space 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 as Enviromnental Open Space, Recreational
Open Space, or a combination of both; provided, however, that any development of tile
Open Space Block east of River Road shall include ball fields and shall be limited to
Recreational Open Space available fOJ; use by (i) the community at large and the general
public, and/or (ii) not-for-profit organizations, such as the Carmel Dad's Club, for youth
SpOlts programs. Parking shall be provided in Open Space areas as required by ,the
Zoning Ordinance. There shall be accessible and usable open space with a 5 minute walk
(1/4 mile) from all Dwellings within the Legacy District.
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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 Jilicnic 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, stl1lctures, 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 11.5 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 often (10) feet wide.
Section 11.7 Bioswales and Open Space Character Illustrations are included in Exhibit
TI. 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 tl1e 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.
17
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. Environmental Systems. Draina!!e and Streets andStreetscapes
Section 12.1 Low Impact Development (LID) techniques shall be permit1ed as an
environmental system to help attain water quality standards in conjunction with
development of the storm water conveyance plan for the Legacy District. Examples of
pennitted systems include the use of bioswaJes, 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 County 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 146th 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 allowed, provided that mitigated floodplain storage volume is
provided at a ratio oftbree (3) to one (1).
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 122 above, shall be exempted from
discharge limits outlined in the City's Stormwater 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
runoffvolmlle and the pre-developmenttotal 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 (including rights-of-way, pavement widths, and design)
within the Legacy District shall be approximately as conceptually indicated on the
Exhibit 6 (Streets), adapted as appropriate to the topography, unique natural features, and
enviromnental 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 bepennitted based on the following standards:
18
J.
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 corners of intersections with other street
types. At such comer locations, curbing shall be required for the corner
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 oftennination for the curb.
C. Permeable Pavers may be used for pavement section of Alleys.
D. Utilities may be located within Alleys.
Section 12.8 All 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, lli11ess 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 146th 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 12.11 A conceptual rendering of the 146th 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 146th Street is included in
Exhibit 6.
Section 13. LandscaoiUl! ReQuirements. The landscaping in tpe 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 integrated with
other functional and om amen tal site design elements, where appropriate, such as
hardscapemateria1s, paths, sidewalks, fencing, or any wate1' 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. Altemate or pervious paving
material may be considered, or alternative planting media shall be
considered, for the urban areas where planting space is limited by
19
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 (B:M:Ps) 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 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 shall be at
least 18 inches in height when planted. Ornamental grasses shall obtain a
mature height of at least 3 feet.
D. The Controlling Developer shall conserve existing established trees
identified on Exhibit 5 (Environmental Systems Plan); provided, however,
that said tTees may be removed under any of the [ollowing 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,
infrastmcture; 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 fDr tree protection during constmction.
Section 13.2. Perimeter Landscapin~. Perimeter landscaping along tlW property lines
shall be provided in the form of (a) fifteen (15) foot greenbelt buffer in which street trees
are planted, for portions of the perimeter of the Real Estate abutting 146tb 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
146tb Street, and (c) landscaping per the requirements of Type "BOO Bufferyard (3 shade
trees, 3 ornamental trees, and 15 shrubs per 1 DO linear feet) for portions of the perimeter
not abutting a public right-of-way. For portions of the perimeter that abut 146th 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 [Tontage. Any street trees used
to meet perimeter landscape requirements shall meet all other standards provided in
20
Section 13.3 below. No bufferyards or landscaping interpal to the Legacy DistIict shall
be required between or within the seven (7) different Blocks ofllie Legacy District.
Section 13.3 Street Trees. Medium or large growing shade trees shall be planted
within tbe 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 cOlllmercial 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 110t 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, undergrol.md detention (unless so designed
for that purpose), or within traffic vision safety clearances. However, where
the logical location of proposed utilities would compromise the desired
effect, the Controlling Developer may solicit the aid of the City's Urban
Forester in mediating 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) fcet minimum over
stTeets, to allow free passage along the sidewalk. In conmlercial 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 which do not directly abut planted
hardscapes, to soften the architectural lines of Buildings, frame tbe primary views to
Buildings and public spaces, and blend architectural designs with the landscape. Building
landscaping shall be designed to appropriately complement a Building's use, setback,
height, and architectural features. Window boxes for flowers and planters on front stoops
and sidewalks are encouraged in areas \~vhere landscaping cannot be installed at the base
of a Building due to the Building's proximity to a sidewalk, path, street, right-of-'ivay or
easement. Building base landscaping may help fulfill bufferyard requirements where
applicable.
A. Within the Suburban Residential Use Block, building base landscaping for
each Detached Dwelling shall include a minimum of seven (7) smubs and/or
ornamental grasses. Additionally, 2 shade trees and one ornamental tree
shall be plant~d for every Detached Dwelling. For Attached Dwellings, the
standards set forth below in 13.4 (C) shall 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
21
shade tree and one ornamental tree shall be planted for every unit. For
Attached Dwellings, tbe standards set forth below in 13.4 (C) shall apply.
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, and one (1) shade tree and one (1)
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- five (25) shrubs shall be planted per 100 linear feet of Building
frontage on rigbt-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 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 two (2) sbade
trees, one (1) ornamental tree, and nine (9) shrubs per one hundred (100)
linear feet of Building frontage on right-of-way. Shrubs, ornamental grasses,
or other altemate 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 luuited 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 side-w'alks 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 Use Block, building base landscaping for each Building
shall contain three (3) shade trees, three (3) ornamental trees, and fifteen
(15) 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 13.5. Parking Lot Plantinlls. Where parking lots are visible from the public
right-of-way, the following requirements ,viII apply:
22
A. Lot intenor. 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
provided {or each two (2) trees;
B. Lot Perimeter. A minimum five foot (Y) wide perimeter planting strip shall
be provided on all sides of a parkiTIg lot (except where parking spaces abut
curb-t6-buildillg sidewalk) including four (4) shade trees and twenty-five (25)
shrubs and/or ornamental grasses per one hundred (l00) lilleal feet of strip.
Walls6r.fences with a minimum beight offorty-t\:vo 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 oWTlers and their agents
to insure proper maintenance of project landscaping in accordance with the Legacy
Ordinance and best ll1anagement practice standards. Tlus is to inch,lde, but is not linuted
to, mowing, tree trimming, planting, maintenance contracting, inigation and mulching of
planting areas, replacing dead, diseased, or overgrmvn plantings with identical varieties
or a suitable substitute, and keeping the area fi.ee of refuse, debris, rank vegetation and
weeds.
Section 14. Lighting.
Section 14.1, COlmnercial Lighting. All site lighting within the Primary Office Use
Block, Village Core Use Block, and the Corner Use Block shall comply with the
standards of the Cannel Drive - Range Line Road Overlay Zone (Article 23F.12 of the
Zoning Ordinance). All fixtures shall be dov,rncast fIxtures/90 degree cutoff.
Section 14.2. Street lights shall be as depicted on Exhibit 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 Corner Use Block, shall be provided at regular
intervals. Street lighting on residential streets shall be confined to the intersections and
comers.
Section 14.4. Lighting for pennitted activities shall be permitted within the Open Space
Area.
Section 14.5. Lighting in the Village Core Use Block, the Priillary Office Use Block, tbe
Comer Use Block, and parking lots shall be designed and maintained so that it is reduced
to the minimu.lll amoUnt reasonably required for security purposes during the hours that
retail establishments are not open for business.
Section 15. Si2ns.
23
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
Ordinance. Typical residential signs depicted on Exhibit 16, (Typical Residential Area
Signage). Illumination of any such sign age shall be from a source external to such
SIgn age.
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, W1less 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 thesignage provisions of Chapter nF of the Zoning
Ordinance entitled "Cannel 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 b.e permitted on the corners of Main Street
and 146th Street, and (ii) ground signs for Buildings on outlots pennitted W1der 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 trademarks, moving parts or lights, shall not constitute a wall
sign and are permitted.
Section 16. Parking.
Section 16.1 . Parking. The minimum number of parking spaces to be provided shall be
computed as fonows:
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
nwnber of required parking spaces, and in detennining 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 parking shall be designed and
constructed so as to create a desirable, efficient, and well plaill1ed off-
street parking area with functional and aesthetic value, attractiveness 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
24
~,
number of shared parking spaces provided shall be less than the total of
the minimum number of spaces required for each individual use. In
addition, on-'street parking spaces may, if available and adjacent to the lot
of the use, be counted as part of the total parking spaces required by this
Section 16.1(D); and
E. Bicycle parking shall be provided in compliance with Section 27.06 ofthe
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. Screening and landscaping shall prevent direct views of the loading areas
and their driveways frornadjacent 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 Primarv Residential Density. The total nUl11ber of Detached Dwellings,
Attached Dwellings, Apartments, and CCRe Cottages shall not exceed one thousand
three hundred forty-four (1,344), may occur in any combination subject only to the
lin1itations in Section 17.l(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 Dwellings 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 five hundred (500) Attached Dwellings;
and
B. Maximum Apatiments. 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 CCRC Dwellings located within CeRe Multi-Unit Building, are (i)
pemlitted within the Legacy District, but are not specificaJiy planned for any particular
area of the. Legacy District and are less intense and more ancillary in character, (ii) in
addition to and riot counted toward the one thousand three hundred forty-four (1,344)
25
permitted Detached Dwellings, Attached Dwellings, Apartments; and CCRC Cottages,
and (iii) are referred to in the chart in Section 17.3 below as "A11cillary Units." Without
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)
CCRC 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 100% of Base Units With 100% of Base Units and 100%
and no Ancillary Units of Ancillary Units
Base Units (See Section 17.1) ],344 1,344
Ancillary Units (See Section 17.2):
- Lofts (0 - 200) 0 200
- Accessory Dwellings I
(0 - 30) 0 30
- Beds and BreakfastslRooms 0 5130
- CCRC Dwellings within
CCRe Multi-Use Building 0 225
(0 - 225)
TOTAL POSSlBLE DWELLINGS 1,344 ],829
TOTAL-ACREAGE 498 I 498
DENSITIES 2.70 3.67
Section 18. Homeowners Association and Declaration of Covenarits.
Section 18.1. 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 Cotmty, Indiana. There may be multiple Declaration(s) of
Covenants appliCable to different pOltions of the Real Estate, and multiple corresponding
Owners' Association( s). The Declaration(s) of Covenants shall establish an A1-chitectural
Review Board, which shall establish guidelines regarding the design and appearance of
dwellings and, with respect to residential colors, shaH provide tbat (i) selected colors
must be hamlOnious with colors used on the Dwelling, such as roofing and brick, and
must be harmonious with other colors used in the surrounding neighborhood, (ii) multiple
colors are available on the color palette approved by the Architectural Review Board,
which, from time to time, may be reviewed and updated.
Section 19. Approval Process.
Section 19.1. Approval or Denial of Plats and Final Development Plan.
A. With respect to any p01tion of the Legacy District other than the areas on
which lots are developed for Detached Dwellings, the platting into smaller
26
. ,
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. 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 by the Commission shall be required with respect
to Detached Dwellings and their' associated Accessory Dwellings,
Accessory Stmctures, landscaping, lighting, and sign age, but all other
Buildings and 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
plat, review and approval of the alnended 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.
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, tbe "FOP") for Legacy
District; provided, bowever, that the Director shall not unreasonably
withhold or delay the Director's approval of the FDP tbat is in substantial
confonnance with corresponding approved development planJprimary 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 wdting the basis for the disapproval and schedule the request for
approval of the FOP for a bearing before the full Plan Commission.
Section 19.2. Modification of Development Requirements.
A. The Commission may, upon petition of the ControUing Developer, modify
any requirements specified in this Legacy Ordinance.
B. Modification of the Development Requirements, requested by tbe
Construction Developer, may be approved by a bearing examiner or
committee designated by the Commission, after a public healing held in
accordance with the Commission's Rules of Procedme. However, apy
decision of a heating examiner or committee which denies any requested
modification may be appealed by the party requesting approval to the
27
"
Commission, also in accordance with the Commission's Rules of Procedure.
C. Any proposed modification of the Development Requirements shall
comply with the following guidelines:
1. The modification shall be in hannony with the purpose and intent
of this Legacy Ordinan_ce.
2. The modific1ltion shall not bave 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
streets cape 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
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)
detennines 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 .oftbis Legacy Ordinance.
Section 20. Controllinl! Developer's Consent. Without the written consent of the
Controlling Developer, no other developer, user, owner, or tenant may obtain any pemlits or
approvals, whatsoever, with respect to theReat Estate or any portion thereofand, 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 pemlits for any improvements within the Real
Estate;
B. Sign pemlits for any signs within the Real Estate;
C. Building penn its for any buildings within the Real Estate;
D. DP/ADLS, or primary or secondary plat approval for any part of the Real
Estate; and
28
;1 -y- 1.:
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 of the Zoning Ordinance.
::l.:l t'a~
PASSED by the Common Council of the City of Carmel, Indiana this _ day of
r~ · 2007, by a vote of u. ayes and r nays.
29
VERSION A- January 16,2007
ON COUNCln, FOR THE CITY OF CA
.L0 ~fILv ,-,
Rich~ L. ShY~
D Iff w~
fV\~
. Pre
ATTEST:
Diana L. Cordray. IAMC, C erk reasurer
. Presented by me to the Mayor of the City of Carmel, Indiana the '2. ~ nd. day of
~""'lI ,2007, at I'- ~ ~~.
. . Diana L. Cordray, IAMC, Clerk Tre
~
2. '2.. day of
~~~~ by me. Mayor of the City of Carmel, Indiana, this
~ ,2007, at ,:~ o'clock~.M.
Version A - January 16,2007
This Instrument prepared by: Charles D. Frankenberger, NELSON & FRANKENBERGER.
31 OS'East 98th Street, Suite 170, Indianapolis, IN 46280 .
30
VERSION A - January 16, 2007
. ,.
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 Comer 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 rninutes12 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 theRe corder of Ha milton County,lnd iana, 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 nbn- 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 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 degmes 35 minutes 17 seconds West a distance of313.27 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 119.4 1 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 ra dius 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:[eet 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 of51.87 feet to a point on a non-tangent curve to the right having a
radius of 397.42 feet, the radius point of'which bears North 66 degrees 03 minutes 44 seconds West;
(5) southwesterly along said .curve an arc distance of 191.02 feet to a point which bears South 38
degrees 31 minutes 23 seconds East from said radius point; (6) South 52 degrees 56 minutes 19
seconds West a distance of 64.43 feet; (7) South 56 degrees 48 minutes 58 seconds West a distance of
84.84 feet; (8) South 58 degrees 29 minutes 55 seconds West a distance of 204.22 feet; (9) South 59
degrees 38 minutes 13 seconds West a distance 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 21 0.95 feet; (12) South 59 degrees 08 minutes 15 seconds West a distance of 205.20 feet to a point on
a non-tangent cu rye 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 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 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 on 00.05 feet to a point which bears North 43 degrees 01 minutes 14 seconds West
from said radius point; thence continuing North 46 degrees 58 minutes 46 seconds East along said east
line a distance of 613.46 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 feetto the Northwest Comer 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 feetta the
Southwest Comer of said East Half; thence North 00 degrees 02 minutes 32 seconds West along the
west line bf said East Half a distance of 2610.79 feet to the southerly right-of-way of 146111 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 min utes 30
seconds East a distance of 230.15 feet; ther:Jce 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 of 2161.67 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 ofthe rights-of-way of 146lhStreet 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 130.6Tfeettothe 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 non4angentcurve 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 non4angent 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 dOistance 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 B4 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 32,12.80 feet to the easterly right-of~way of River
Road per said Instrument No. 200100065741 being a point on a non-tangent curve to the right having a
radius of 1443.57 feet, the radius point of which bears South 66 degrees 45 minutes 59 seconds East
(the following five courses being along said easterly right of way); (1) thence northeasterly along said
curve an arc distance of 311.27 feet to a point which bears North 54 degrees 24 minutes 43 seconds
West from said radius point; (2) thence North 35 degrees 35 minutes 17 seconds East a distance of
426.04 feet to a point on a tangent curve to the left having a radius of 820.21 feet; the radius point of
whIch bears North 54 degrees 24 minutes 43 seconds West;. (3) thence northerly along said curve an arc
distance of 507.62 feet to a point which bears South 89 degrees 52 minutes 19 seconds East from said
radius point; (4) thence North 00 degrees 07 minutes 41 seconds East a distance of 258.32 feet; (5)
thence North 34 degrees 37 minutes 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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Exhibit 3: Bicycle and Pedestrian Plan
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PAVEMENT SECTION #2
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PAVEMENT SECTION #3
NOTTO SCALE
Pavement Section Types
PREPARED FOR: EAST CARMa, LLC
PREPARED BY, PlATINUM PROPERTIES, LLC
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NOTES:
A lRANSmON WlLL BE MAD:: FROM neE E);l~TING CHERRY CR:=SC BOJLEVARD CR:OSs..sa:TIONTO THEAEI-:wE !;ECTI:JI'.I A toV,XtMWJ OF 1,500 FEET FROM THE Yl.ESn=:RN EJDUNDAR)' Of' tHE LEGACY D=vELOPMENT.
NO OESlrnAT!O~ ~1\~K1NG REOUIRED WHERE LOTS DO NOT FROroITTHE ~uaLlC "'GHT-'lF-W'~.
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,2'CUR6&GUITER
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PREPARED FOR: EAST CARMEL, LLC
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PREPARED FOR: EAST CARMEL. LLC
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The Legacy
Street Standards
The following standards shall apply to The Legacy:
1. Pavement sections shall be as show-n on the following sheet titled .'The
Legacy - Pavement Section Types".
2. Roadways and pedestrian walks & paths, both public and private, are
permitted within the '.Open Spaces" at Developer's discretion.
3. Utilities, irrigation systems, signage, lighting and similar infrastructure
may be located within the public rights-of-way at Developer's discretion
and will require a Consent to Encroach Agreement with the City of
Carmel which will require Board of Public Works approval with the
exception of inigation systems which can be approved by the City
Engineer.
4. The minimum horizontal centerline radius for Cherry Creek Boulevard
shall be 400 feet. The minimum horizontal centerline radius for all other
public streets shall be 100 feet provided that safe stopping sight distance
is provided within the right-of-way.
5. The minimum tangent between reverse curves for Cherry Creek
Boulevard shall be 100 feet. The minimum tangent between reverse
curves for all other public streets shall be zero (0) feet.
6. The minimum curb radius at an intersection for public streets shall be 20
feet with a right-of-way radius of 10 feet with the exception of public
streets within the Urban Residential, Primary Office, and Village Core
Use Blocks where the minimum right-of-way radius is zero (0) feet. The
minimum curb radius at an intersection for public streets intersecting
with River Road shall be 40 feet with a right-of-way radius of 30 feet.
7. The minimum curb radius at an intersection with a public street for
alleys, private streets, frontage places and/or curb cuts shall be 20 feet.
8. All culdesacs shall terminate in a circular right-of-way with a minimum
diameter of one hundred (100) feet and a minimum pavement diameter of
seventy six (76) feet, or other approved arrangement for the turning of all
vehicles c.onveniently within the right-of-way.
9. The maximum length of a cul-de-sac street shall not exceed 750 feet.
10. Concrete sidewalks shall be a minimum of five (5) feet wide, 4 inches
thick, placed on grade.
11. Asphalt walking, bike and multi-purpose paths shall have a pavement
section consisting of 110 lbs/sy of#11 bituminous surface placed over
.I,
The Legacy
Street Standards
Page 2 of2
200 lbs/sy of #8 bituminous binder placed over 5" of compacted #53
aggregate base.
12. The use of "Pelmeable Pavers" may be used in alleys, parking lanes,
parking lots, crosswalks and/or gutters at Developer's discretion.
"Permeable Pavers" and/or other alternative Low Impact Development
(LID) pavement sections may also be used in travel lanes if approved by
the City Engineer.
13. Placement of asphalt pavement and concrete curb infrastructure within
public right-of-way shall be in accordance with the City of Carmel Right-
of-Way Paving Policy and Concrete Curb Policy respectively.
14. TIle minimum separation between the centerline of successive full access
existing and proposed entrances/intersections on River Road shall be 500
feet with the exception of the first full access entrance/intersection south
of 146th Street which shall have a centerline separation of no less than
300 feet fi'om 146th Street. Right-in/Right-out access points may be
allowed in shorter intervals if approved by the City Engineer.
15. The minimum separation between the centerline of successive public
right-of-ways within the Legacy District shall be 150' provided that this
spacing does not create a public safety issue (limited sight distance,
conflicting left turn access, excessive traffic stacking for turns onto one
public street and blocking another one, etc.). Alleys, private streets,
frontage places, one-way pairs, and curb cuts are exempt.
16. The minimum separation between the centerline of a residential driveway
and the centerline of the right-of-way of an adjacent public street shall be
55'.
17. If the City is petitioned to take over private streets and/or alleys within
the Legacy District, said street or alley must be improved to the current
governing City standards as determined by the City Engineer prior to
acceptance at the sole expense of the petitioner unless otherwise waived
by majority passage of the Cannel City Council.
18.. There shall be no intersections of mare than two (2) cross streets within
the Legacy District unless a roundabout is installed and adequate sight
distance is provided on the roundabout.
19. In conjunction with other Low Impact Development (LID) practices (i.e.
bioswales in common area median, or pemleable pavers) the minimum
street grade shall be 0% if approved by the City Engineer. If no LID
practices are used, the minimum street grade shall be 0.5% C/2%)'
EXHIBIT 7
SITE REQUIREMENT :MATRIX - LARGER DETACHED DWELLINGS
.'
DEVELOPMENT STANDARDS
Minimum Lot Minimum Minimum Lot Minimum lvfinimum Minimum Minimum Maximum Minimum
Width at Lot/Parcel Frontage at Front Yard Side Yard Aggregate Rear Yard Building Square
Building Line Size Street Setback/ Setback Side Yard Setback Height r 2
'ootage
Setback
90 ft. 12,000 sf. 40 ft. 20 ft. 5 ft. 20 ft. 20 ft. 35 ft. 2400 sf.
ARCHITECTURAL STANDARDS
Permitted Required Garage Type Chimneys Porch Roojline Fences
Building Window
Materials Openin~s
Masonry, 2 per level, per Court-, side-, or front- Masomy, At least six feet Primary roof Fences shall not
Wood, fayade.3 All loading. Front I.oading extended fully deep, consistent shall have be chain-link or
Cementitious windows shall garages must be recessed to ground and materials/design 6/12 pitch.G coated chain-link
Board be fully fi'amed at least 3' back from the above ridgelinc4 with DwellingS 12" overhang
and trimmed primmy hont fayade of aftcr
the Dwelling. All garages installation of
shall be a minimum of a siding.
two (2) car garage, and
tandem garages are
prohibited.
Legend
ft. - Feet
sf. - Square Feet
IProvided, however, Ihat Ihe front yard sclbaek for Dwellings with rear loaded garages shall be ] 5 ft. and the liont yard selbaek lor Dwellings with courtyanl garages
shall be 25 n
"Exclusive of porches, terraces, and garages.
3Provided, however, that (i) windows shall not be required on the sides offront loaded garages and (ii) a vent may be substituted for a window 011 a gable.
4Provided, however, that chimneys which prolrude from inside the Dwelling may also have cemenlitious board as their exterior building material.
5Porches arc not required on all Dwellings. ][no porch is provided, the enlryway should be covered and deep enough to provide shelter at the front door, as well as
provide an appropriate and adequate level of detail.
[;In order to permil diversily in architectural style, this requircl11cnl shall apply only to a majorily of residences.
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Exhibit 7
Larger Detached Dwellings
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EXHIBIT 8
SITE REDUIREMENT MATRIX - Sl\1ALLER DETACHED DO ELLll~GS
.,
DEVELOl~MI!:NT STANDARDS
Millimum Lol Minimum Lot Mininwlll Lot Millimum Front Yard Minimum Side .Miniml.lm Rear Ya/'d l'v!ax;lIIwlI 1I-lill;mul1I Square
Width at Building Size Frontage at Street Setback Yard Setback Setback BuildIng Height Footage]
Lin/
80 ft. 8,000 sf. 40 i1 to ft .for Dwellings 3 ft. 6 ft. for Dwellings with 35 ft. 1,700 sf.
with an Alley in the an Alky in the rear, and
rear, 20 ft. for 20 ft. for Dwellings
Dwellings with a with a driveway in the
courtyard side-entTY fronl yard.
garage, and 25 ft for
all olher Dwellin~
70 ft. 7,000 sf. 30 it See above. 3 ft. See above. 35 fe 1,400 sf.
GO ft. 6,000 sf. 30 ft. See above. 3 ft. See above. 35 ft. I ] ,400 sf.
51 PI. 5,000 sf. 30 ft. See above. 3 ft. Sce above. 35 fe 1,400 sf.
50 ft AlIey- 2.625 sf. 25 it. 10ft. 3ft. 6 ft. 35 ft. 1,200 sf.
accessed
40 ft. Alley- 2,625 sf. 25 ft. to It 3ft. G ft. 35 n. 1,200 sf.
accessed
30 ft. Alley-
accessed 2,500 sf. 25 ft. tOft. 3 ft. G ft. 35 ft. 1.200 sf.
ARCJITTECTURALSTANDARDS
Permitted Building Required Window Garage Type Chimlleys Porch" Roojlille Fences
Materials Openil1f!s
Masonry, Wood, 2 per level, per COllrt-, side-, or front-loading. Masonry, extended At least six feet deep, Prill1ill1' roof Fences shall not be
Cementitious far;ade. 4 All Front londed garages must be fully to ground, consistent shall have 6112 chain-link, or
Soaid windows shall be recessed at least 3' back from above ridgcline5 materials/design with pitch.7 12" coaled elwin-link.
fully framed and primary front fayadc of house. overhang after
trimmed. Dwellings. Detached CCRC installation of
Cottages .are permitted to have siding.
one (1) car garages, aud all other
Smaller Detached Dwellings
shall have a minimum of a two
(2) car I!:amge.
'Dwellings on Lots which are less than or equal to 50 n. in width at the building line must be alley accessed.
2For Dwellings on Alleys, the rear yard setback is mcasurcd from the edge of the Alley closest to the Dwelling.
3Exclusivc of porches, terraces, amI garages.
4Provided, however, that (i) windows sball not be required on the sides of front loaded garage, and (ii) a vent may be substituted tor a window on a gable.
'Provided, however, that chimneys whicb protmde from inside the Dwelhngs may also have eementitious board as their exterior building materiul.
6PorcJlcs <lre not required on all Dwellings. 11'110 porch is provided, the entlyway should be covered and deep enough to provide shelter at lhe front door, as well as proVIde an apprupriate ami
adequate level of detail.
71n order to pi:nnit diversity in architeclmal style, this requirement shall apply only to a majority of Dwelliugs.
Legend
11. ~ Feet
sf. - Square Feet
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Smaller Detached Dwellings
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EXHIBIT 9
SITEREOUlREMENT MATRIX - BUILDINGS CONTAINING ATTACHED DO ELLINGS AND APARTMENTS
DEVELOPMENT STANDARDS
Maximum Minimum Minimum Minimum Perimeter Minimum Distance
Height of Floor Area per Front Yard Yard Between Buildings
Buildings Unit
60 ft. 750 sf. Oft. Oft. 10 ft.
ARCIDTECTURALSTANDARDS
Permitted Building Required Window Parking Wall Planes Porch/EntTyways Roofline
Materials OpeninJ.;s
Masonry 2 per level, per Covered parking Walls shall not Stoops should be Rooflines shall not have
(excluding stucco, exposed fa9ade. J must match primary have unbroken covered to provide unbroken lines greater
synthetic stucco, All windows shall building materials. planes greater shelter. Individual than sixty (60) feet in
and EIFS), pre-cast be fully framed Parking lots shall than sixty (60) porches, balconies, length. If flat roofs are
concrete and and trimmed. be landscaped, and feet in length. stoops, or similar used, a rooftop amenity
cementitious board Skylights and provide pedestrian Units may be outdoor spaces are such as a deck or garden
as primary material light wells in access to and within differentiated encouraged, on the should be installed.
on first floor; other internal cOlTidors the Attached by plane and front and/or the rear
sidings (excluding are encouraged. Dwelling and material of the building.
vinyl) are Windows should Aparhncnts. Guest changes, and
permitted on upper be staggered to parking should be separate
floors. preserve privacy. clearly marked. entrances.
lA yent may be substill11ed for a window on a gable.
Legend
ft. - Feet
sf. - Square Feet
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Exhibit 9
Attached Dwellings and Apartments
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EXHIBIT 10
SITE RE DUlRElVIENT MATRIX - COMMERCIAL BUILDINGS
DEVEI.OPMENT STANDARDS
Minimum Minimum Maximum Minimum Minimum Minimum Minimum Maximum Minimum Square Max im.um
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
NfA N/A 15 ft o [t 5 ft. N/A 1 story 60 ft N/A N/A
unless
othclwise
specified
in the
Legacy
Ordinance
ARCHITECTURAL STANDARDS
Permitted Building Required Window Parking Wall Planes Sign age Roofline Screening
Materials Op en inKs
See foHowing Windows shall be The bulk of Walls shall not See signage Rooflines shall All dumpster
pages. pedestrian scale. parking have unbroken provision within not have enclosures,
Storefronts should should be planes greater than LegacyPUD. unbroken lines loading docks,
maXlmIze provided sixty (60) feet in Signs handled in greater than etc. shall be
tTansparency and behind and to length. Units a creative sixty (60) feet screened by an
have appropriate the sides of within buildings manner, such as in length. enclosure
signage and the building. may be painted walls, constructed with
lighting. Some parking differentiated by may also be matching
may be plane and material considered. materials
provided 011- changes, and
street. ~arate entrances.
Note - Additional Architectural Standards are on next pages.
Legend
ft. - Feet
sf. - Square Feet
N/ A - Not Applicable
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EXHIBIT 10 CONTINUED
COMJ\1ERCIAL BUILDING ARCillTECTURAL STANDARDS
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 subj ective value judgments of style and architectural
preferences, but instead are intended to illustrate the basics of arcbitectmal design that will give
the Legacy District a diverse, yet complementalY set of Buildings that work with the streetscape
and mban design of the community. Individual Buildings should be designed so as to contlihute
to the overall character of the Legacy District The intemvining of conununity architectural
design values and individual architectural contributions will ensure compatibility, authenticity,
and quality withi.n the Legacy District as a whole.
The standards contained in this Exhibit 10 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 ensuring its
"timeless" character, while allowing flexibility for a diversity of architectural expressions.
2. Building Design
A. Building Design Standards
Buildings shall be generally oriented parallel and perpendicular to the street. Flexibility
shall be pemlitted in Buildil1g olientation 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 bave a coordinated composition, which will
usually be indicated by tbe alignment of upper floor windows and other features with
openings and features oftbe first floor.
In Buildi.ngs which contain ground-floor commercial uses and which are not located in
the Corner Use Block, 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.
Continuous facades more than sixty (60) feet wide shall be designed with vertical offsets
at intervals which evenly divide the facade into halves, thirds, or qualiers, etc., or shall be
designed at intervals not less than sixty (60) feet, whichever is less. These offsets may be
projecting, recessed, or may be a simple change in Building material or detailing.
B. Fences aliJd Screeming
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, \valls, or fencing in general architectural
compatibility with the Building(s) with which it is associated.
Rooftop mechanicaVtelecommunication 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 matelials has a tremendous impact on the perception of
its quality. High-quality, robust and tactile finish mateliaIs project feelings of wannth,
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 \vill 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 Masomy Units),
and high-quality siding of wood or fiber-cement. Non-durablematedals 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 comer lots shall be of the same materials
and similarly detailed.
Appropriate matelials for the following Building elements are as follows
$ Windows: wood, vinyl clad wood, vinyl, anodized aluminum,
aluminum-clad wood.
e Doors: wood, anodized aluminum, faux wood, steel (security doors).
o Trim: wood, synthetics.
o Visible roofing: standing seam metal, zinc, architectural asphalt shingles,
slate and high-quality synthetic slate, tile, and wood shake.
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, VvTought-irol1 style, wood, simulated wood products, or another decorative
material.
3. 0 indows
A. 0 imdow Standards
All window design shall be architecturally compatible with the style, matelials, color,
details and pmportion ofthe Building. The number of panes, the way the window opens,
the trim arOlmd it and whether it is embellished with shutters must be consistent with the
architectural style of the structure.
Windows should be provided on aU facades. Exceptions shaU be made for certain
architectural styling, faux 'v:lndows (such as "trompe I' 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 tecImiques do not
include the use of shutters without glass, or the use of spandrel glass at the street leveL
Windows shall generally be vertically proportioned.
Windows shall be rhythrl1ically spaced in a pattern compatible with the form of the
Building. 'Vhere Buildings are located on comers, the \vlndow style and details shall
complement the facades on the facing streets.
Windows shall be recessed in their openings and not flush mounted with the wall, and
shall appear as individually "punched" through the wall rather than as adjacent windows
separated by fi'ames.
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 which are intended to have ground-floor commercial uses and which are
not located in the ComerUse Block, at least sixty percent (60%) of the total area of the
first floor facade (up to the line of the second floor elevation) shall be transparent vision
glass. Upper floors of Multi-Story Buildings should have 20-40% transparency.
B. Shutters
Where appropriate to the design of a Building, paneled or louvered shutters shall be
provided on aU 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 DOll-visible
fasteners that create a slight projection where the shutter is affLxed 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
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 treabnent and materials.
Anodized metal, bright aluminum, or stainless steel frames, or fully glazed (fi-ameless) 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.
s. Roofs and Cornices
A. Cornices and Parapet [1 aIls
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 shonld 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.
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 oI."ganic quality to the architecture without detracting fTom the coherence
ofthe street wall.
f
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 benveen 4"-io-12" and 12"-io-12". Mansard, gambrel, and
domed roofs shall adhere to traditional f0n11S and proportions. False roofs are
generally inappropriate apd 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 [TOm eave to peak shall not exceed the height from grade to eave
(the roof shall not be taller than the Building wall suppOlting the roof).
3. On comer 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 alwnmwll, dark anodized aluminwn, zinc, tin and lead).
Wnite, blight, 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 absotption, especially on flat roofs.
D. Mechalllical Equipment and Appurtenances
1. The fonn 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. DO~iTlspouts can be used where appropriate for the architectural design of the
Building.
3. Gutters and dO\vnspouts should be located to respect the arcl1itectural 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.
2. Bay windov,,-s and storefronts are pennitted to project three (3) feet from the main
Building fac;:ade.
3. Bay windows shall be vertically proportioned and shall tightly frame an appropriately
sized and styled window.
4. Overhangs and eaves shall be shallower than the main roof fonTI and be consistent on
all sides.
5. Cornices and eaves shall have a maximum projection of four (4) feet or 15% of the
Building height, whichever is less.
..
6. Awnings, canopies, comices, eaves, balconies and Building-mounted signage may
extend into yard setbacks and any lights-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 be a
minimum of eight (8) feet from the ground level in order to provide clear passage for
pedestrians and bicyclists.
B. Towers and Vemcal Elements
1. Towers and vertical elements are encouraged on prominent Buildings, particularly
those that serve as street or view conidor tem1inus.
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 fac;ade and
shall be used only as an accent in special locations.
3. Height requirements for Buildings may be waived for veltical Building appurtenances
such as chimneys, spires, turrets, cupolas, belfTies, 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
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 tra.ru;parency so that the Building wall can be
seen from the street.
D. AVi'lIliDlgS
1. Fixed or retractable awnings are peml.itted if they complement a Building's
architectural sty'Ie, matetiaI, color, and details; do not i.mpair facade composition; and
are designed as an integral part of the facade.
2. Awnings shall be covered in natural doth fabric like canvas (not vinyl). Metal,
aluminum or plastic av..nings aTe not pennitted, provided, however, that high-quality
decorative metal elements that mimic avvnings may be penl1itted in commercial areas
if they are consistent ,\lith the Building design and area character.
3. In Buildings with multiple storefronts, compatible m~mings shall be used as a meallS
afunifying the structure.
4. Oversized and continuous awnings are not permitted.
5. Backlit or glowing awnings or canopies are not permitted.
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Exhibit 10
Commercial Buildings
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Corner Use Block Commercial Buildings
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EXHIBIT 12
SITE RE DUIREMENT MATRIX - ceRe MULTI-UNIT BUILDING
DEVELOPMENT STANDARDS
Minimum Minimum Minimum Rear Yard NlaxilllulI1 Maximum Gross Mini/num Side Maximum
Tract Area Front Yard Setback Parcel FLoor Area Yard Setback Building
Setback Coveroge Height-CeRC
Detached
Dwelling
10 acresl 10ft. 5 ft. 40% N/A 5 ft. 35 ft.
ARCHITECTURAL STANDARDS
Permitted Building Required Window Parking Wall Planes Po rch/Entryways Roofline Open Space/
Materials Ol)enin~s Green Space
Masomy (excluding 2 per level, per Covered parking Walls shall not Stoops should be Rooflines shall Full connectivity
stucco, synthetic exposed fayade2. must match have long, covered to provide not have long, to the rest of the
stucco, and ElFS), All windows building unbroken sheltcr. Individual unbroken lines. project should be
precast concrete and shaH be fully materials. plancs. Units porches, balconies, If Hat roofs arc provided.
cementitious board framed and Parking lots shall may be stoops, or similar used, a roollop Amenities such
as primary material trimlUed. be landscaped, ditTerentiatcd outdoor spaces are amenity such as a as benchcs,
011 I sl floor; other Skylights and and provide by plane and encouraged, on the deck or garden individual garden
sidings (excluding light wells in pedestrian access material front and/or the should be plots, and internal
vinyl) are pernlitted intcmal corridors to and within the changes, and fear of the installed. walking paths
on upper noors. arc encouraged. attached separate structure. should also be
Windows should residential area. entrances. Entryways should provided.
be staggered to Guest parking be clearly
preserve pnvacy. should be clcarly delineated.
marked.
Legend
ft. - Feet
sf. - Square Feet
I Dedicated land for additional righi-or-way along existing streets as pmi of an application fol' approval of a CCRC shall be counted as part ofthat minimum tract area.
Minimum tract area may also include contiguous lands in adjoining zones if SLlch lands arc restricted to undisturbed open space.
2 A vent may be substituted [or a window on a gable.
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Exhibit 12
CCRC Multi Unit Building
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Exhibit 13
Open Space Character Illustrations
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Bio-swale Character Illustrations
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NOTE: The uses specified below whieh are
not defined in the Legacy PUD shall have the
meaning, ifany, ascribed to them in the Zoning
Ordinance.
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EXHmIT 14 - USE TABLE
LEGEND
P = Permitted
Blank = Not Permitted
SU = Special use
SR = The Suburban Residential Use Block
NR = The Neighborhood Residential Use Block
DR = The Urban Residential Use Block
LEGEND - CONTINUED
PO = The Primary Office Use Block
VC = The Village Core Use Block
CU = The Comer Use Block
OS = The Open Space Use Block
Residential Uses
Lar er Detached Dwellin s
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CONCEPTUAL
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LEGACY.
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EKHIBIT 16
TYPICM. RESIDENTIAL
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EXHIBIT 17
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 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 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"tangentcurve 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); (1) thence northeasterly along said
curve an arc distance of 311.27 feet to a point which bears North 54 degrees 24 minutes 43 seconds
West from said radius point; (2) thence North 35 degrees 35 minutes 17 seconds East a distance of
426.04 feet to a point on a tangent curve to the left having a radius of 820.21 feet, the radius point of
which bears North 54 degrees 24 minutes 43 seconds West; (3) thence northerly along said curve an arc
distance of 507,62 feet to a point which bears South 89 degrees 52 minutes 19 seconds East from said
radius point; (4) thence North 00 degrees 07 minutes 41 seconds East a distance of 258.32 feet; (5)
thence North 34 degrees 37 minutes 42 seconds East a distance of 27.30 feet to the Point of Beginning,
containing 95.82 acres, more Dr less.
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Exhibit 18A
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