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Packet 11-28-06 Revisions NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON 3105 EAST 98TH STREET, SUITE 170 FREDRIC LAWRENCE CHARLES D. FRANKENBERGER INDIANAPOLIS, INDIANA 46280 DAVID J. LICHTENBERGER JAMES E. SHINAVER PHONE: 317 844 -0106 JESSICA S. OWENS LAWRENCE J. KEMPER FACSIMILE: 317- 846 -8782 Of Counsel JOHN B. FLATT www.nf law.com JANE B. MERRILL November 22, 2006 Via Hand Delivery Members of the Special Studies Committee RE: Legacy Revisions Dear Members of the Special Studies Committee: What follows is a summary of revisions made to the PUD Ordinance and its Exhibits. Please note that, as a practical matter, each and every change could not be summarized; however, we have both met with the Department to review the changes, and we have also delivered comparative documents to the Department. I. PUD Changes 1. Accessory Dwellings The defininition of Accessory Dwellings (Granny Flats) has been revised to include only Dwellings which are not attached to the primary residence on the lot. 2. Density The density provisions have been revised to provide that (i) the maximum number of Detached Dwellings, Attached Dwellings, Apartments, and CCRC Cottages will not exceed 1,344, (ii) the number of Accessory Dwellings will be between zero (0) and thirty (30), (iii) the number of bed and breakfasts will be between zero (0) and five (5), (iv) the number of bed and breakfast rooms will be between zero (0) and thirty (30), (v) the number of units in the CCRC Multi -Unit Building will be between zero (0) and two hundred twenty -five (225), and (vi) the number of Lofts will be between zero (0) and one hundred (100). 3. Open Space The provisions have been revised to permit not for profits, such as the Dad's Club, to operate the Open Space east of River Road. Further, the Open Space provisions have been revised to provide that only those segments of bioswales which are greater than twenty (20) feet in width will qualify as Open Space. Members of the Special Studies Committee November 22, 2006 Page 2 of 4 4. Architectural Review Board Provisions have been added requiring the establishment by the Declarant of an Architectural Review Board which will review all improvements, including exterior colors, after initial construction of Buildings and Dwellings. 5. Units per Buiding The number of units per building has been changed to read that there will be no more than ten (10) units which are vertically attached (i.e., Townhomes) per Building, and no more than sixteen (16) units which are horizontally attached (i.e., flats) per Building. 6. Residential Signage Provisions have been added to permit only external illumination. 7. Commercial Building The definition of a Commercial Building was added. 8. Excluded definitions Certain defined words, which were not found in the PUD Ordinance, were deleted. These include Condominiums, Development, and Landscaping. 9. Refined definitions The Definitions of certain terms were given greater clarity, including Apartment House, Continuing Care, Loft, and Main Street. 10. Added definitions Certain definitions were added, including Architectural Review Board, Commercial Building, Larger Detached Dwelling, Owner's Association, and Smaller Detached Dwelling. 11. Section 12 Section 12 was revised to include revisions about environmental systems, drainage, streets, and streetscapes. Many of these revisions are a result of dsicussions with the City's engineering department. 12. Landscape Provisions The landscape provisions were revised to add greater clarity and to incorporate further discussions with the Department. II. Exhibits 1. Matrices Per recommendations, the form of matrices was restructured to provide greater clarification. Further, the matrices were revised, and some of the material revisions include the following: a) Exhibit 7 Larger Detached Dwellings) The minimum front yard setback has been changed to twenty (20) feet, a provision has been added requiring front loaded garages to be recessed a minimum of three (3) feet, and a provision has been added requiring two -car garages. b) Exhibit 8 (Smaller Detached Dwellings) A provision has been added requiring front loaded garages to be recessed a minimum of three (3) feet, and a provision has been added requiring that all garages be at least two (2) car garages. Members of the Special Studies Committee November 22, 2006 Page 3 of 4 c) Exhibit 9 (Attached Dwellings and Apartments) Provisions on permitted exterior building materials have been changed to state that Masonry (excluding stucco, synthetic stucco, and EIFS), pre -cast concrete and cementitious fiberboard will be the primary building material on the first floor, and other siding, excluding vinyl siding is permitted on upper floors. Provisions have also been added that unbroken wall planes and roof lines will not exceed sixty (60) feet in length. d) Exhibit 11 (Commercial Buildings) A provision has been added that unbroken walls or roof lines will not exceed sixty (60) feet in length. Provisions have also been added requiring that any parapets, screening rooftop mechanical, will be integrated into the architecture of the building. e) Exhibit 12 (CCRC Multi -Unit Building) Provisions on permitted exterior building materials have been changed to state that Masonry (exclulding stucco, synthetic stucco, and EIFS), pre -cast concrete and cementitious fiberboard will be the primary building material on the first floor, and other siding, excluding vniyl siding, is permitted on upper floors. Provisions have also been added that unbroken wall planes and roof lines will not exceed sixty (60) feet. Finally, this was revised so that the architectural standards are included entirely within the matrix. 2. Exhibit 2 (Bicycle and Pedestrial Plan) This has been revised to incorporate suggestions. 3. Exhibit 4 (Open Space Plan) This has been revised to incorporate suggestions. 4. Exhibit 5 (Environmental Systems Plan) This has been revised to incoroprate suggestions. 5. Exhibit 6 (Streets) These exhibits and standards have been revised to incorporate ongoing discussions with the Carmel Department of Engineering. 6. Exhibit 9 (Attached Dwellings and Apartments) The white building from the Villages of West Clay will be eliminated as a character illustration. 7. Exhibit 15 (Typical Street Lighting) The lighting plan has been revised to incorporate suggestions. III. Use Table The Use Tables were revised per discussions at the last Special Studies Committee meeting which occurred on November 2, 2006. These changes include the following: 1. The Use Table was color -coded to correspond to the Concept Plan. 2. Residential titles were revised to correspond go the text of the PUD Ordinance. 3. Larger Detached Dwellings, Smaller Detached Dwellings, and Attached Dwellings were eliminated as permitted uses in the Primary Office Use Block. Members of the Special Studies Committee November 22, 2006 Page 4 of 4 4. Hospitals, dry cleaning establishments with on -side plans, self service laundry, country club, and golf course were eliminated as permitted uses. Very truly yours, Charles D. Frankenberger CDF /bt P ittmanPartners November 22, 2006 Via Hand Delivery Members of the Special Studies Committee RE: Legacy Revisions Dear Special Studies Committee Member: Bound in this three -ring binder are revised exhibits for the PUD Ordinance, and beneath this letter are a (i) revised PUD Ordinance, (ii) a revised Use Summary Table, and (iii) a letter generally describing the many revisions. As you can see, the PUD Ordinance and its exhibits incorporate many of the positive suggestions received from both the Committee and the Department of Community Services. Please review the PUD Ordinance and provide us with any suggestions you may have at this coming meeting. We look forward to meeting with you on Tuesday, November 28, 2006, at 6:00 P.M. After the close and careful analysis this matter has received, we are hopeful that we will receive a recommendation at this upcoming meeting. We very much appreciate the time you have devoted to this matter. Thank you. Very truly yours, 1 Steve Pittman Enclosures P.O. Box 554 Carmel, IN 46082 (317) 580 -9693 (317) 580 -9786 Fax