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Z-550-11 The Bridges PUD - Color VersionSponsors: Councilor Griffiths Councilor Rider Councilor Seidensticker Councilor Sharp Councilor Snyder CARMEL, INDIANA THE BRIDGES PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Z-550-11 June 2011 2 TABLE OF CONTENTS Page Section 1. Applicability of Ordinance..............................................................................................4 Section 2. Definitions and Rules of Construction. .........................................................................5 Section 3. Accessory Buildings and Uses …………………........................................................10 Section 4. Corporate Office Use Block…… .................................................................................10 Section 5. Office and Residential Use Block….. ..........................................................................11 Section 6. Commercial Amenity Use Block……………………...............................................13 Section 7. Landscaping Requirements……………………........................................................14 Section 8. Lighting Requirements……………………. .............................................................19 Section 9. Signage Requirements……………………. ..............................................................21 Section 10. Parking Requirements………………………...........................................................25 Section 11. Pedestrian Circulation……...........................................................…………………27 Section 12. Use Limitations….. .......................................................................................................28 Section 13. Additional Requirements and Standards….. ................................................................28 Section 14. Declaration(s) of Covenants…… .................................................…………………30 Section 15. Procedural Provisions………….. .............................................................................31 Section 16. Controlling Developer’s Consent……. ....................................................................32 Section 17. Violations and Enforcement……………….. ...........................................................32 3 SCHEDULE OF EXHIBITS Exhibit 1. Legal Description Exhibit 2. Concept Plan Exhibit 3. Use Block Map Exhibit 4. Use Table Exhibit 5. Development Standards Matrix Exhibit 6. Architectural Standards Exhibit 7. Conceptual Character Imagery – Building Architecture Exhibit 8. Conceptual Character Imagery – Corporate Office Use Block Exhibit 9. Conceptual Character Imagery – Office and Residential Use Block Exhibit 10. Conceptual Character Imagery – Commercial Amenity Use Block Exhibit 11. Conceptual Character Imagery – Landscaping Material Exhibit 12. Conceptual Character Imagery – Landscaping Renderings Exhibit 13. Conceptual Character Imagery – Signage Exhibit 14. Sign Area Chart Note: All of the above Exhibits (1-14) are attached to this Bridges Ordinance, are incorporated by reference into this Bridges Ordinance and are part of this Bridges Ordinance. 4 Sponsors: Councilor Griffiths Councilor Rider Councilor Seidensticker Councilor Sharp Councilor Snyder ORDINANCE Z-550-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE BRIDGES PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended (the “Zoning Ordinance”), provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.; and WHEREAS, the Plan Commission has given a favorable recommendation to this PUD district ordinance (the “Bridges Ordinance”), which establishes the Bridges Planned Unit Development District (the “Bridges District”) with respect to the real estate legally described in Exhibit 1 (the “Real Estate”). NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC §36-7- 4-1500 et seq., the Council adopts this Bridges Ordinance, as an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Bridges Ordinance and its exhibits are hereby made inapplicable to the use and development of the Real Estate, (iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Bridges Ordinance, and (iv) this Bridges Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 1. Applicability of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned Unit Development District to be known as the Bridges District. Section 1.2 Development in the Bridges District shall be governed entirely by (i) the provisions of this Bridges Ordinance and its exhibits, and (ii) those provisions of the Zoning Ordinance specifically referenced in this Bridges Ordinance. The U.S. Highway 31 – Meridian Street Overlay Zone as identified on the Zone map and standards for which are included in the Zoning Ordinance shall be inapplicable to the use and development of the Real Estate. In the event of a conflict or inconsistency between this Bridges Ordinance and the Zoning Ordinance, the provisions of this Bridges Ordinance shall apply. 5 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 Bridges 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” indicates a mandatory requirement. The word “may” indicates a permissive requirement. Section 2.2 Definitions. The definitions (i) of the uses set forth in Exhibit 4 (Use Table), unless otherwise defined below in this Section 2.2, shall be the same as set forth in the Zoning Ordinance, (ii) of the capitalized terms set forth below in this Section 2.2, as they appear throughout this Bridges Ordinance, shall have the meanings set forth below in this Section 2.2 and (iii) of all other capitalized terms included in this Bridges Ordinance and not defined below in this Section 2.2, shall be the same as set forth in the Zoning Ordinance. Amenity Area: An area containing recreational facilities including, without limitation, any one or a combination of the following: (i) a swimming pool, (ii) a bath house with changing rooms and storage, (iii) recreational equipment, (iv) tennis court, (v) basketball court, (vi) bocce ball court, (vii) indoor and/or outdoor workout areas, and (viii) any other recreational facilities approved by the Director. Apartment. A Dwelling intended primarily for rental. Attached Dwellings and CCRC’s shall not be within the definition of Apartment and, as such, all references in this ordinance to Apartments shall exclude Attached Dwellings and CCRC’s. Architectural Review Board. A board, established by the Declaration(s) of Covenants, responsible for reviewing all improvements after the initial, original construction of Buildings, Dwellings, and other improvements. Architectural Standards: The Architectural Standards attached hereto and incorporated herein by reference as Exhibit 6 (Architectural Standards). Attached Dwelling. Dwellings which are attached vertically or horizontally, including townhomes, flats, duplex, triplex, or quadruplex Dwellings. Attached Dwellings may be sold as condominiums or as individually deeded lots. Apartments and CCRC’s shall not be within the definition of Attached Dwellings 6 and, as such, all references in this ordinance to Attached Dwellings shall exclude Apartments and CCRC’s. Block(s): Any one or any combination of (i) the Corporate Office Use Block, (ii) Office and Residential Use Block, and the (iii) the Commercial Amenity Use Block as depicted on Exhibit 3 (Use Block Map) or as context requires. The size of the Corporate Office Use Block may only change, if necessary, due to the final approved alignment of Illinois Street. The Office and Residential Use Block and Commercial Amenity Use Block may be enlarged or reduced by up to fifteen percent (15%), but only in an area within six hundred (600) feet of Illinois Street; provided, however, that the maximum number of Dwellings specified in Section 12 below shall remain unaffected. Building: A structure having a roof supported by columns and walls, for the shelter, support, enclosure or protection of persons, animals, chattel, or property. When separated by party walls, each portion of such a building may be considered a separate Building. Building, Multi-tenant, Ground Floor: An Office or Commercial Building, occupied by two (2) or more businesses. BZA: The City’s Board of Zoning Appeals City: The City of Carmel, Indiana. Commercial Building(s): Any Building, occupied primarily by any Retail and Service or Cultural/Entertainment Use. Office buildings and Dwellings are not within this definition of Commercial Buildings. Commercial Amenity Use Block: What is identified on the Use Block Map as the “Commercial Amenity Use Block”. Concept Plan: The Concept Plan attached hereto and incorporated herein by reference as Exhibit 2 (Concept Plan). The Concept Plan conceptually illustrates one of the many possible layouts of the internal drives, Building areas, Buildings, and parking areas permitted by this Bridges Ordinance. Subject to the definition of Block(s) above and Section 13.9 below, the Concept Plan is conceptual and preliminary, only, and the final site plan(s) shall comply with the Development Requirements but may vary from the Concept Plan in all respects and, as such, by way of example only and not by way of limitation, use areas may vary and the size, location, and configuration of walkways, drives, building pads, landscape areas and parking areas may change. Conceptual Character Imagery: These comprise photographs, elevations and renderings and are intended to generally and conceptually illustrate an application of the Development Requirements and elements of the anticipated character of the 7 Bridges District. Conceptual Character Imagery are general and preliminary in nature and are not intended to delineate exactly what will be built and developed. For instance, final Buildings designs will comply with the Architectural Standards but will likely vary from the Conceptual Character Imagery of Buildings. The Conceptual Character Imagery establishes a benchmark for the architecture and design of the Buildings. 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. Continuing Care Retirement Community (“CCRC”): A place where Continuing Care is provided to senior citizens and which may include support services and facilities, including without limitation, (i) indoor recreation (including swimming pool, solarium and lounges), (ii) physical therapy, (iii) entertainment rooms, (iv) 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 stylist/barber shops, and (xiv) assisted living and/or nursing beds. As a use a CCRC is permitted and regulated as and under the category of a Nursing/Retirement/Convalescent Facility set forth in the Exhibit 4 (Use Table). Controlling Developer: The Controlling Developer shall mean G. B. Developers II, LLC, until the earlier of (i) G. B. Developers II, LLC no longer owns any portion of the Real Estate; or, (ii) G. B. Developers II, LLC transfers or assigns, in writing, its rights as Controlling Developer. Such Rights may be transferred by the Controlling Developer, in its sole discretion, in whole or in part, but only by a written instrument, signed by the Controlling Developer. Corporate Office Use Block: What is identified on Exhibit 3 (the Use Block Map) as the “Corporate Office Use Block”. County: Hamilton County, Indiana. Cultural / Entertainment Uses: The Uses identified on Exhibit 4 (the Use Table) under the heading of Cultural / Entertainment Uses. Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and Restrictions applicable to the Real Estate, or any portion thereof, which may 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. Development Plan (“DP”): A specific plan for the development of the Real Estate, or any portion thereof, which is submitted for approval, showing proposed locations of facilities, buildings, and structures. 8 Development Requirements: Written development standards and any written requirements specified in this Bridges Ordinance, which must be satisfied in connection with the approval of a Development Plan. Development Standards Matrix: Exhibit 5 (Development Standards Matrix) identifying the bulk requirements applicable to each Block. Dwelling: A portion of a building intended for occupancy by a single family. A Dwelling includes an Attached Dwelling or an Apartment. Dwelling does not include a living unit within a CCRC. Dwelling Building: A Building comprised primarily of Dwellings. Gross Floor Area or GFA: The sum of the total horizontal areas of the several floors of a building(s), measured from the interior faces of exterior walls. The term Gross Floor Area shall include basement, elevator shafts, stairwells of each story and garages. Floor space used for mechanical equipment, attic space, interior balconies, and mezzanines shall be excluded. Home Occupation: An Accessory Use conducted in an Attached Dwelling or Apartment that is clearly incidental and secondary to the Use of the Dwelling for dwelling purposes. Office and Residential Use Block: What is identified on the Use Block Map as the “Office and Residential Use Block”. Office Building: Any Building, occupied primarily by any Office Uses, other than a sales/rental office for the sales and/or rental of Dwellings located temporarily in Dwellings. Office Uses: The Uses identified on the Use Table under the heading of Office Uses. Owners Association(s): Owners Association(s) established by the Declaration(s) of Covenants. Parking Space: An area, unenclosed or enclosed in a Building or in an Accessory Building, permanently reserved for the temporary storage of one automobile and connected with a street or alley. In parking structures a parking space may be (i) a minimum width of eight and one-half feet, and one half of the area occupied by supporting columns may be included in determining the width and area of each adjacent parking space, (ii) a minimum opening width of seven and one-half feet and (iii) the minimum height of seven (7) feet. Plan Commission: The Carmel/Clay Plan Commission. 9 Real Estate: The Real Estate legally described in Exhibit 1 (Legal Description). Residential Building: Any Building, occupied primarily by any residential uses. Retail & Service Uses: The Uses identified on the Exhibit 4 (Use Table) under the heading of Retail & Service Uses. Sign: Any type of sign as further defined and regulated by this Bridges Ordinance and Section 25.07: Sign Ordinance of the Zoning Ordinance. Any structure, fixture, placard, announcement, declaration, device demonstration or insignia used for direction, information, identification or to advertise or promote any business, product, goods, activity, services or any interests. Sign, Directory: A sign identifying the names and locations of the occupants of a building. A directory sign may utilize Changeable Copy. For the purpose of this Ordinance a directory sign is not counted as a Ground Sign even if it is supported from the ground. Sign Face: The part of the sign area that is intended primarily for or can be utilized for communication purposes but does not include a logo or other designs integrated into the Sign Structure. Logos may be a maximum of twenty-five percent of the sign area. Sign, Height of Ground: The vertical distance measured from the ground level upon which the sign is established to the overall height of the sign structure. Sign, Identification: A sign that is limited to the name and/or address of a building, institution or person; to the activity carried on in the building or institution; the occupation of the person; and/or the logo. Sign, Porch: A sign attached to a porch or overhang. Sign, Projecting: A sign attached to and support by a Building and which extends out at any angle there from. Subdivision Control Ordinance: Carmel/Clay Subdivision Control Ordinance, No. Z-160, as amended. Use Block Map: The Use Block Map attached hereto and incorporated herein by reference as Exhibit 3 (Use Block Map) illustrating the Commercial Amenity Use Block, the Corporate Office Use Block, the Office and Residential Use Block. Use Limitations: The limitations included under Section 12 of this Bridges Ordinance. 10 Use Table: The Use Table attached hereto and incorporated herein by reference as Exhibit 4 (Use Table) identifying the Blocks and the Uses permitted within each Block. Zone Map: The City’s official Zone Map corresponding to the Zoning Ordinance. Zoning Ordinance: Carmel/Clay Zoning Ordinance Z-289, as amended. Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses allowed under the Zoning Ordinance shall be permitted in the Bridges District; provided, however, that any detached Accessory Structure shall have on all sides the same architectural features and construction materials, and be architecturally compatible with the principal Building(s) with which it is associated. An exception to this requirement would be the material used for a fuel island canopy. A metal canopy would be permitted with the supporting columns faced with a masonry material compatible with the principal Building. Section 4. Corporate Office Use Block. This Block is located east of Illinois Street as depicted on Exhibit 3 (Use Block Map) and (i) permits a high concentration of office development between Illinois Street and Meridian Street (US Highway 31), (ii) serves office Uses primarily in large, multi-story Buildings, and (ii) permits a limited amount of retail and entertainment Uses accessory to office Uses. Section 4.1 Permitted Uses: A. Permitted Uses within this Block are specified in Exhibit 4 (Use Table). B. In addition, the Retail & Service Uses and the Cultural/Entertainment Uses permitted in the Commercial Amenity Use Block per Exhibit 4 (Use Table) are also permitted in the Corporate Office Use Block, subject to the following limitations: 1. Up to Fifteen percent (15%) of the Gross Floor Area (“GFA”) of any Building in the Corporate Office Use Block may be Retail & Service Uses and/or Cultural/Entertainment Uses; and, 2. Up to thirty percent (30%) of the GFA of one Building in the Corporate Office Use Block may be utilized for Retail & Service Uses and/or Cultural/Entertainment Uses, provided that the total square footage of all Retail & Service Uses and/or Cultural/Entertainment Uses in the Corporate Office use Block does not exceed fifteen percent (15%) of the GFA of all Buildings in the Corporate Office Use Block combined. C. Additional Use Limitations are included under Section 12 of this Bridges Ordinance. 11 Section 4.2 Development Requirements: A. Applicable bulk requirements are contained within Exhibit 5 (Development Standards Matrix). B. Applicable landscaping requirements are contained in Section 7 of this Bridges Ordinance. C. Applicable lighting requirements are contained in Section 8 of this Bridges Ordinance. D. Applicable signage requirements are contained in Section 9 of this Bridges Ordinance. E. Applicable parking requirements are contained in Section 10 of this Bridges Ordinance. F. Applicable pedestrian circulation standards are contained in Section 11 of this Bridges Ordinance. G. Applicable additional requirements and standards are contained in Section 13 of this Bridges Ordinance. Section 4.3 No provisions of this Bridges Ordinance shall prevent development within this Block from being combined and/or coordinated with property adjacent to the Real Estate, provided that (i) a DP is approved including such adjacent property. Section 4.4 All site access will come from Illinois Street and interior connections of parking areas. There will be no access to this Block from a road cut on 111th Street. Section 4.5 The applicable Architectural Standards are contained within Exhibit 6 (Architectural Standards). Section 4.6 The Conceptual Character Imagery of Building Architecture is contained within Exhibit 7 (Conceptual Character Imagery – Building Architecture). Section 4.7 A Conceptual Character Image, which renders a possible view corridor in the Corporate Office Use Block, is included as Exhibit 8 (Conceptual Character Imagery – Corporate Office Use Block). Section 5. Office and Residential Use Block. This Block is located north of 111th Street between Illinois Street and Springmill Road as shown on Exhibit 3 (Use Bock Map) and (i) may contain a mix of Attached Dwellings and Office Buildings, (ii) is in close proximity to single- family residential areas and may be intermixed with residential uses, and (iii) is intended to allow for a compatible mixture of Uses with reasonable regulations. 12 Section 5.1 Permitted Uses: A. Permitted Uses are specified in Exhibit 4 (Use Table). B. In addition, Retail & Service Uses and/or Cultural / Entertainment Uses permitted in the Commercial Amenity Use Block per Exhibit 4 (Use Table) are also permitted in the Office and Residential Use Block, subject to the limitations of Section 4.1.B above. C. Additional Use Limitations are included under Section 12 of this Bridges Ordinance. Section 5.2 Development Requirements: A. Applicable bulk requirements are contained within Exhibit 5 (Development Standards Matrix). B. Applicable landscaping requirements are contained in Section 7 of this Bridges Ordinance. C. Applicable lighting requirements are contained in Section 8 of this Bridges Ordinance. D. Applicable signage requirements are contained in Section 9 of this Bridges Ordinance. E. Applicable parking requirements are contained in Section 10 of this Bridges Ordinance. F. Applicable pedestrian circulation standards are contained in Section 11 of this Bridges Ordinance. G. Applicable additional requirements and standards are contained in Section 13 of this Bridges Ordinance. Section 5.3 The applicable Architectural Standards are contained within Exhibit 6 (Architectural Standards). Section 5.4 The Conceptual Character Imagery of Building Architecture is contained within Exhibit 7 (Conceptual Character Imagery – Building Architecture). Section 5.5 An Amenity Area shall be provided within this Block. Section 5.6 Conceptual Character Images, which renders possible view corridors in the Office and Residential Use Block, are included as Exhibit 9 (Conceptual Character Imagery – Office and Residential Use Block). 13 Section 6. Commercial Amenity Use Block. This Block is located south of 116th Street, between Illinois Street and Springmill Road, as shown on Exhibit 3 (Use Block Map) and consists primarily of Retail & Service Uses and Cultural / Entertainment Uses located in single and two-story buildings. Section 6.1 Permitted Uses are specified in Exhibit 4 (Use Table). A. Additional Use Limitations are included under Section 12 of this Bridges Ordinance. Section 6.2 Development Requirements: A. Applicable bulk requirements are contained within Exhibit 5 (Development Standards Matrix). B. Applicable landscaping requirements are contained in Section 7 of this Bridges Ordinance. C. Applicable lighting requirements are contained in Section 8 of this Bridges Ordinance. D. Applicable signage requirements are contained in Section 9 of this Bridges Ordinance. E. Applicable parking requirements are contained in Section 10 of this Bridges Ordinance. F. Applicable pedestrian circulation standards are contained in Section 11 of this Bridges Ordinance. G. Applicable additional requirements and standards are contained in Section 13 of this Bridges Ordinance. Section 6.3 The applicable Architectural Standards are contained within Exhibit 6 (Architectural Standards). Section 6.4 The Conceptual Character Imagery of Building Architecture is contained within Exhibit 7 (Conceptual Character Imagery – Building Architecture). Section 6.5 Pedestrian amenities and furniture identified in Exhibit 6, Part 14 of this Bridges Ordinance shall be permitted in this Block and are subject to the requirements of Exhibit 6, Part 14, this Bridges Ordinance and the Zoning Ordinance as applicable. Section 6.6 This Block shall not be extended further east than Illinois Street as shown on the Use Block Map. 14 Section 6.7 Conceptual Character Images, which render possible view corridors in the Commercial Amenity Use Block, are included as Exhibit 10 (Conceptual Character Imagery – Commercial Amenity Use Block). Section 7. Landscaping Requirements. The landscaping in the Bridges District shall be a combination of native and ornamental plants combined in design to compliment the “prairie style” architectural character of the Office Buildings, Commercial Buildings and Dwelling Buildings. Landscape treatment for buffers, plazas, roads, paths, service areas, parking areas and storm water areas shall be designed as an integral and coordinated part of the landscape plan for each Block and for the Bridges District as a whole. Section 7.1. General Landscaping Standards. Landscaping shall be integrated with, and compliment other functional and ornamental site design elements, such as hardscape materials, paths, sidewalks, fencing, or any water features. A. Plantings along Buildings and streets should be designed with patterns, and complementary textures and colors, to reinforce the overall character of the area. Alternate or pervious paving material and alternative planting media is permitted with the approval of the Plan Commission in the areas where planting space is limited by restrictions such as Buildings, asphalt or concrete paving, parking lots, and so on. B. All trees, shrubs and ground covers shall be planted according to American Standard for Nursery Stock (ANSI Z60.1), and following the standards and best management practices (BMPs) published by the Department’s Urban Forestry Section. Landscaping materials shall be appropriate for local growing and climatic conditions. Plant suitability, maintenance and compatibility with site construction features are critical factors that should be considered. The City’s planting details shall be used. C. Shade trees shall be at least 2.5 inches in diameter when planted. Ornamental trees shall be at least 1.5 inches diameter when planted. Evergreen trees shall be 6 feet in height when planted and can be substituted for (in place of) shrubs with 1 evergreen tree equal to 3 shrubs. Shrubs shall be at least 18 inches in height when planted. Ornamental grasses that obtain a mature height of at least 3 feet may be substituted (in place of) shrubs on a 1 to 1 (equivalent) basis. D. Existing vegetation may be used to achieve project landscaping requirements if (i) the vegetation located on subject parcel is of suitable quality and health, and (ii) the vegetation is required to be preserved using accepted best management practices (BMP’s) for tree protection during construction. E. All landscaping approved as part of an ADLS plan shall be installed prior to issuance of the first Certificate of Occupancy for a Building with an approved 15 ADLS; provided, however, that because of weather conditions, it is not possible to install the approved landscaping before the issuance of a Certificate of Occupancy, the property owner shall post a bond, prior to the issuance of such Certificate of Occupancy, for the amount equal to the total installed cost of the remaining, uninstalled landscape material. F. All landscaping is subject to approval by the Plan Commission. No landscaping which has been approved by the Plan Commission may later be substantially altered, eliminated or sacrificed without first obtaining further approval from the Plan Commission or a committee thereof. However, Minor Material Alterations of landscaping may be approved by the Director or the Director’s designee in order to conform to specific site conditions. G. Conceptual Character Imagery of the type of allowed and intended Landscaping Material is included as Exhibit 11 (Conceptual Character Imagery – Landscaping Material). Section 7.2. Areas to be Landscaped. A. Perimeter Buffering. See Section 7.3 below. B. Street Trees. See Section 7.4 below. C. Foundation Plantings. See Section 7.5 below. D. Parking Lot Plantings. See Section 7.6 below. E. Screening Areas. See Section 7.7 below. F. Storm Water Retention Ponds. See Section 7.8 below Section 7.3. Perimeter Buffering. A. Perimeter landscaping along the property lines shall be provided in the form of (i) a minimum twenty (20) foot greenbelt buffer for portions of the Real Estate perimeter abutting 111th Street, Springmill Road, and 116th Street, (ii) a minimum fifteen (15) foot greenbelt buffer along both sides of Illinois Street, (iii) a minimum five (5) foot greenbelt buffer for portions of the Real Estate perimeter not abutting a street right-of-way (the area only along the eastern perimeter of the Corporate Office Use Block) and (iv) a minimum ten (10) foot greenbelt buffer along the south perimeter of the Commercial Amenity Use Block adjacent to the Office and Residential Use Block. B. Buffering shall be composed of grass, ponds, storm water management, fountains, berms and landscape areas. The incorporation of walkways and bikeways into the design is permitted; however, no parking lots, buildings, 16 accessory structures shall be established within areas designated for perimeter buffering. Ground mounted signs and lighting standards are permitted within areas designated for perimeter buffering. C. Landscaping per the planting requirements of Type “D” Bufferyard of the Zoning Ordinance (5 shade trees, 5 ornamental trees, and 27 shrubs per 100 linear feet) shall be provided within the green belt buffer along 111th Street, Springmill Road and 116th Street. The coinciding buffer within the Office and Residential Use Block shall be planted with evergreen trees, spaced 15 feet on center, across the length of the buffer. The evergreen trees shall be a minimum of 8 feet tall at planting. The length of the buffer along Springmill Road planted with evergreen trees shall stop no more than 100 feet south of the access on Springmill Road to accommodate the water feature design located south of the access. The portion of the buffer required to be occupied by the evergreen trees shall be designed with a 3-4 foot tall undulating mound providing openings to permit sidewalk connections into the Block. D. Landscaping per the planting requirements of Type “B” Bufferyard of the Zoning Ordinance (3 shade trees, 3 ornamental trees, and 15 shrubs per 100 linear feet) shall be provided along both sides of the Illinois Street right-of- way. E. Landscaping per the planting requirements of Type “A” Bufferyard of the Zoning Ordinance (3 shade trees, 2 ornamental trees, and 9 shrubs per 100 linear feet) shall be provided for portions of the perimeter not abutting a public right-of-way. F. Landscaping per the planting requirements of Type “D” Bufferyard of the Zoning Ordinance (5 shade trees, 5 ornamental trees, and 27 shrubs per 100 linear feet) shall be provided within the green belt buffer along the south perimeter of the Commercial Amenity Use Block adjacent to the Office and Residential Use Block. G. Required buffer plantings may be grouped to allow a more natural planting scheme and to provide view sheds, where appropriate, into the Blocks, and required buffer plantings may be computed as an average across the total linear footage of frontage. H. No perimeter buffering internal to the Bridges District shall be required within the Blocks of the Bridges District unless otherwise required within this Section 7.3. I. All perimeter buffer plantings within three hundred (300) feet of a Building within the Commercial Amenity Use Block will be included on a Development Plan and shall be planted at the time of construction of said Building. 17 J. All perimeter buffer plantings along Springmill Road within the Commercial Amenity Use Block, if not already planted, shall be planted at the time of construction of the largest Building depicted on the Concept plan in the Commercial Amenity Use Block. K. All perimeter buffer plantings within the Office and Residential Use Block adjacent to Springmill Road and 111th Street will be included on a Development Plan and planted at the time of construction of the first building constructed within said use Block. Section 7.4 Street Trees. A. Medium or large growing shade trees shall be planted within the street right- of-way, parallel to each street, in planting strips. Street trees shall be planted a minimum of twenty-five (25) feet and a maximum of forty (40) feet on center and are not required to be evenly spaced. B. Along Illinois Street and 116th Street, the required street trees may be grouped to allow view sheds into the Blocks and may be computed as an average across the total linear footage of frontage. Street tree types and locations along Illinois Street and 116th Street should allow for visibility of businesses and business signage. C. All street trees shall count toward the perimeter buffer planting standards provided above in Section 7.3. D. Per City standards, no street trees shall be planted in conflict with drainage or utility easements or structures and underground detention (unless so designed for that purpose), or within traffic vision safety clearances. However, where the logical location of proposed utilities would compromise the desired effect, the Controlling Developer may solicit the aid of the City’s Urban Forester in mediating an alternative. E. Street tree species shall be selected from the City’s published list of recommended street trees. Street trees shall be pruned to a minimum height of eight (8) feet over sidewalks and twelve (12) feet over streets, to allow free passage along sidewalks and streets. Section 7.5. Foundation Planting Standards. Building base landscaping shall be provided at the base of all Building elevations that do not directly abut hardscapes, to enhance the architectural lines of Buildings, frame the primary views to Buildings and public spaces, and blend architectural designs with the landscape. Foundation plantings shall be designed to appropriately complement a Building’s use, setback, height, and architectural features. 18 A. With respect to Buildings within the Corporate Office Use Block and Office Buildings in the Office and Residential Use Block, a planting area equal to an area ten (10) feet in depth from the Building perimeter shall be installed on all sides of Building(s). B. Within the Commercial Amenity Use Block a planting area equal to five (5) feet in depth shall be installed along the front and sides of Building(s). C. Within the foundation planting areas required in Section 7.5.A and Section 7.5.B above the following shall apply: 1. The primary landscape materials used shall be shrubs, ground cover, and ornamental grasses. 2. Sidewalks, plazas and/or terraces may be permitted in foundation planting areas, but shall not occupy the entire planting area on any side of the Building(s). 3. If an approach driveway or sidewalk cuts into a foundation planting area, the area displaced by the driveway or sidewalk shall be added to the Building perimeter planting. 4. Outdoor dining, drive-thru lanes and service areas shall be deducted from the overall length of the Building perimeter prior to calculating the required foundation planting area. 5. Foundation planting areas need not be rectangular in shape as long as the required area is landscaped; in other words, undulating, innovative and original designs are encouraged. D. For all Dwelling Buildings, three (3) shade trees, three (3) ornamental trees, and twenty-five (25) shrubs shall be planted per 100 linear feet of Building frontage on street right-of-way. E. Foundation Plantings shall not help fulfill and count towards the buffer planting requirements of Section 7.3 above. Section 7.6. Parking Lot Plantings. Where parking lots are visible from the public right-of-way, the following requirements will apply: A. Lot interior. A minimum of one (1) shade tree and five (5) shrubs per eighteen (18) parking spaces shall be provided, along with a minimum of four hundred (400) square feet of useable soil area being provided for every two (2) trees. Planting islands shall be a minimum of nine (9) feet wide. 19 B. Lot Perimeter. A minimum five foot (5’) wide perimeter planting strip shall be provided on all sides of a parking lot (except where parking areas abut curb-to-building sidewalk) and shall contain four (4) shade trees and thirty (30) shrubs and/or ornamental grasses per one hundred (100) lineal feet of planting strip. Low walls may be used in lieu of fifty (50) percent of the required plantings. Perimeter planting may occupy the same area as a required perimeter buffering but shall not be counted towards buffer planting requirements; provided, however that in areas where there exists a combination of buffer plantings and parking lot perimeter plantings, the required number of plantings shall not exceed twelve (12) trees and forty (40) shrubs per one hundred (100) lineal feet. Section 7.7. Screening Areas. Screening and landscaping shall prevent direct views of loading areas, ground mounted mechanical/telecommunication equipment and other service areas from adjacent residential 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 also be used. Section 7.8. Storm Water Retention Ponds. Storm water retention ponds will be designed in a non-geometrical in shape with an undulating perimeter. The primary landscaping materials used adjacent to ponds shall be shrubs, ground covers, and ornamental grasses appropriately sited for a more natural rather than engineered appearance. Section 7.9. Maintenance It shall be the responsibility of the owner(s), with respect to any portion of the Real Estate owned by such owner(s) and on which any landscaped area exists per the requirements of this Bridges Ordinance, to insure proper maintenance of landscaping in accordance with the Bridges Ordinance. This maintenance is to include, but is not limited to (i) mowing, tree trimming, planting, maintenance contracting, irrigation and mulching of planting areas, (ii) replacing dead or diseased plantings with identical varieties or a suitable substitute, and (iii) keeping the area free of refuse, debris, rank vegetation and weeds. Street trees shall be maintained by the owner of the adjacent property. Section 7.10 Landscaping areas are conceptually illustrated on the Concept Plan in the form of landscape buffers, interior planting areas, foundation plantings and parking lot landscaping. Section 7.11 Conceptual Character Images in the form of renderings of allowed perimeter buffering are included as Exhibit 12 (Conceptual Character Imagery – Landscaping Renderings). Section 8. Lighting Requirements. Section 8.1. Street Lights. 20 A. Street light design shall be consistent throughout the Real Estate. B. Street lighting on Springmill Road and 111th Street shall be confined to intersections and vehicular access points. C. Street lighting in perimeter road rights-of-way shall meet all applicable City standards and be reviewed by the City. Section 8.2. Site Lighting. All site lighting accessory to Uses within the Real Estate shall comply with the following standards. A. All site lighting shall be coordinated throughout the Real Estate and be of uniform design and materials. B. Exterior lighting of the Building or site shall be designed so that (i) light is not directed off the site and (ii) the light source is shielded from direct offsite viewing. C. For any Use abutting detached single-family residential uses, illumination levels shall not exceed 0.3 foot candles at the property line. D. Exterior lighting shall be architecturally integrated with the Building style, material and color. Rooftop lighting is prohibited. E. All exterior ground-mounted architectural, display and decorative lighting shall be generated from concealed, low level fixtures. F. Light fixtures in parking areas shall not exceed twenty-five (25) feet. The height of light fixtures within ninety (90) feet of detached single-family residential uses shall not exceed fifteen (15) feet. G. Lighting in all parking areas serving non-residential Uses shall be designed and maintained so that it is reduced, to a lower level reasonably required for security purposes, during the hours that the associated Uses are not open for business. For purposes of meeting this requirement 75 percent of the site lighting will be turned off during hours that the associated uses are not open for business. H. The lighting of interior roundabouts shall be consistent with City Standards. I. All building and pole mounted lighting fixtures shall have 90-degree cut off and/or flat lenses. J. No neon lighting shall be permitted (i) on the exterior of or (ii) outside any Building. 21 Section 9. Signage Requirements. All signage on the Real Estate shall comply with Chapter 25.7 of the Zoning Ordinance as revised, supplemented and amended by this Section 9 of the Bridges Ordinance, subject to ADLS approval. Section 9.1. Center Identification Ground Signs. One Center Identification Ground Sign shall be permitted at (i) the southwest corner of 116th Street and Illinois Street, (ii) the southeast corner of 116th and Street Springmill Road, and (iii) and both the northeast and northwest corner of 111th Street and Illinois Street. A. Area: Maximum Sign Area per sign shall be seventy-five (75) square feet. B. Height: Maximum Sign Height shall be six (6) feet. C. Location: Minimum five (5) feet from street right-of-way. D. Design: All such Signs must be of a similar design, lighting and style of construction. E. Copy: No Changeable Copy shall be permitted. F. Illumination: Internal or completely shielded. G. Landscaping: All such Signs must be accompanied by a landscaped area at least equal to the total Sign Area. Section 9.2 Entrance Signs. One entrance Identification Signs shall be permitted at each entrance from (i) 116th Street, (ii) Illinois Street and (iii) Springmill Road. A. Area: Maximum sign area per sign shall be seventy-five (75) square feet. B. Height: Maximum sign height shall be six (6) feet. C. Location: Minimum five (5) feet from street right-of-way. D. Design: All such Signs must be of a similar design, lighting and style of construction. E. Copy: All such Signs may include Changeable Copy (tenant names) except for Entrance Signs located on Springmill and/or 111th Street in which case no Changeable Copy is permitted. F. Illumination: Internal or completely shielded. G. Landscaping: All such Signs must be accompanied by a landscaped area at least equal to the total Sign Area. 22 Section 9.3 Directory Signs. Directory Signs shall be permitted. A. Area: Maximum Sign area per sign shall be twenty (20) square feet if the sign is ground mounted and six (6) square feet if the Sign is of a street sign style. B. Height: Maximum Sign height shall be five (5) feet if ground mounted or nine (9) feet if the Sign is of a street sign style. C. Number: The number of Signs shall be identified as part of any DP. D. Location: Minimum ten (10) feet from street right-of-way. E. Design: All such Signs must be of a similar design, lighting and style of construction. F. Copy: All such Sign may include Changeable Copy. G. Illumination: Internal or completely shielded. H. Landscaping: All such Signs must be accompanied by a landscaped area at least equal to the total Sign Area. Section 9.4. Office Building Signs. A. All Signs on Office Buildings shall meet the Sign Area limitations (per sign) of Sign Chart A of the Zoning Ordinance, in effect at the time of adoption of this Bridges Ordinance, which is included as Exhibit 14 (Sign Area Chart). B. Only wall Signs shall be permitted. No individual ground signs or roof signs shall be allowed. C. Wall Signs shall not be required to orient toward a public street frontage. D. Two wall Signs shall be permitted for each frontage provided that a business can include its name on only one of the signs. In a case where a building has no public street frontage two wall Signs shall be permitted. E. In addition to the wall signs permitted above in this Section 9.4 a wall sign a maximum of thirty (30) square feet shall be permitted at each building entrance for Buildings greater than forty-thousand square feet in area. Section 9.5. Commercial Building Signs. Single-Tenant and Multi-Tenant Ground Floor Commercial Buildings shall meet the following requirements. 23 A. Wall Signs shall be permitted. No individual ground signs or roof signs shall be allowed. B. Businesses are permitted one sign per façade. The rear of a building (façade generally opposite the public entrance) shall not qualify for the purpose of determining the permitted number of signs. C. Signs are not required to face a public street frontage. D. The width, in lineal feet, of a Business’ area of a Building shall be used to determine Building Frontage for the purpose of determining the maximum Sign Area (per sign). E. The maximum permitted Sign Area (per sign) shall comply with the limitations of Sign Chart A of the Zoning Ordinance, in effect at the time of adoption of this Bridges Ordinance, which is included as Exhibit 14 (Sign Area Chart). F. Signs shall fit within the horizontal and vertical elements of the Building and shall not obscure details of the Building. No sign shall be allowed to extend above the roof line of a Building. G. Multi-story Buildings with the first floors occupied primarily by Retail & Service Uses and Cultural / Entertainment Uses shall be permitted signs per the requirements of this Section. H. Wall signs on Buildings adjacent to Springmill Road shall not be oriented toward (generally facing and parallel with) Springmill Road. The term “adjacent” indicates a building within 200’ of the centerline of Springmill Road. I. Drive-thru service menu signs shall be permitted up to 30 square feet in area and 6 feet tall. A “preview” menu ground sign shall also be permitted up to 16 square feet and 6 feet tall. Both Signs shall require ADLS approval. Section 9.6. Dwelling Building Signs. A. Signage for a residential use shall meet the requirements of Section 25.7.02- 02 of the Zoning Ordinance. B. Home occupation signs shall be governed by the requirements of Section 25.07.02-03 of the Zoning Ordinance. Section 9.7. Institutional Uses and Recreational Uses. A. Signs for Institutional Uses shall meet the requirements of Section 25.7.02-05 24 of the Zoning Ordinance. B. Signs for Recreational Uses shall meet the requirements of Section 25.7.02-06 of the Zoning Ordinance. Section 9.8. Projecting Signs, Porch Signs and Awning Signs. A. Projecting and Porch Signs shall be permitted only in the Commercial Amenity Use Block. B. One Projecting Sign or Porch Sign shall be permitted, per Business, in addition to permitted wall signs; provided, however, that a business with more than one façade (such as a Business on the corner of a multitenant building) shall be permitted two such Signs. C. Awning signs may be placed on more than one awning per Business provided that they do not exceed the maximum Sign Area limitations. D. Maximum Sign Area: (i) twenty (20) square feet for a Projecting Sign, (ii) six (6) square feet for a Porch Sign and (iii) ten (10) percent of the overall face of the subject tenant’s awnings for Awning Signs. E. Projecting signs shall be a minimum of 8 feet above the adjacent sidewalk grade. Section 9.9. Window Signs and Murals. A. Window Signs shall meet the requirements of Section 25.7.02-12 of the Zoning Ordinance. B. Murals, painted on or applied to a wall of a Building, which do not contain moving parts or internal lights, shall not constitute a Wall Sign and shall be permitted, but only within the Commercial Amenity Use Block. 1. Not more than 3 murals may advertise goods, products, services or facilities at a different location other than the location at which the mural is installed. 2. A mural requires a framed design feature 3. If a mural is illuminated, indirect lighting shall be used. 4. A mural on a Building adjacent to Springmill Road shall not be oriented toward (generally facing and parallel with) Springmill Road. 5. A mural shall be permitted a maximum area of 100 square feet. 25 6. A maximum of 10 murals are permitted. Section 9.10. Temporary Signs: Temporary Signs shall be permitted and shall meet the requirements of Section 25.07.03 of the Zoning Ordinance. Section 9.11. Permitted banners: Banners shall be permitted and shall meet the requirements of Section 25.07.04 of the Zoning Ordinance. Section 9.12. Automobile Service Station and Changeable Copy. A. Signs shall not be permitted on an Automobile Service Station building canopy. B. A remotely operated internal mechanical system that changes copy (fuel pricing display) and that is intended to achieve that same result as manually changed individual panels, shall be permitted. This system shall not include an exposed LED lighting source and is limited to ground mounted signage for an Automobile Service Station use. C. Notwithstanding the requirements of Section 9.5 of this Bridges Ordinance an Automobile Service Station shall be permitted two (2) ground signs, in addition to permitted wall signs. The two ground signs shall each be a maximum of 30 square feet and 6 feet tall. No wall signs shall be placed on the fuel pump island canopy structure. Section 9.13. Incidental Signs (Signs less than three square feet in area and less than three feet in height where ground mounted) shall be permitted and shall be of a number approved by the Plan Commission as part of an ADLS. Section 9.14. Decorative poles with fabric banners are not defined as a sign and any copy (sign) on a banner shall be limited to three square feet in area. The size, number and location of decorative banners shall require ADLS approval. Section 9.15. No Sign on the Real Estate shall include an exposed neon lighting source. Section 9.16. Conceptual Character Imagery of some forms of permitted signage are illustrated in Exhibit 13 (Conceptual Character Imagery – Signage). Section 10. Parking Requirements. Section 10.1. Automobile Parking. A. Except as provided in this section below, the requirements set forth in Section 27.02, 27.03, 27.05 and 27.08 of the Zoning Ordinance shall apply in 26 computing the number of required parking spaces, and in determining the location and design standards thereof. B. One and one-half (1.5) spaces per Dwelling are required. Parking Spaces (i) within driveways (tandem spaces in front of garages) and (ii) within garages shall count toward this requirement. C. For all Retail & Service Uses and Cultural/Entertainment Uses four (4) spaces per one thousand (1,000) square feet of GFA are required. D. For all Office Uses one (1) space per three hundred (300) square feet of GFA is required. E. 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; provided however that where it is established to the Department’s satisfaction that adjacent buildings have uses that require parking at complementary times of the day, or complimentary days of the week, then the total number of shared parking spaces provided shall be less than the total of the minimum number of spaces required for each individual use. F. Combined parking shall be designed and constructed so as to create a desirable, efficient, and well planned off-street parking area with functional and aesthetic value, attractiveness and compatibility with adjacent land uses. G. Adjacent/adjoining parking lots shall be interconnected by internal driveway and coordinated to accommodate pedestrian access. H. Paths within parking lots of more than one row shall be integrated to accommodate pedestrians safely from parking areas to sidewalks, walkways and/or Buildings(s). Such paths may be identified by striping only. I. Above grade, structured parking facilities are permitted and shall have on all sides architectural features that are compatible with the principal Building(s) with which they are associated. J. Parking areas may be constructed without required curb in areas necessary to accommodate approved storm water management practices. The elimination of curbing shall be subject to review and approval by Carmel Engineering to ensure that elimination of curbing is necessary for the proper function of the proposed storm water treatment system. Parking bumpers will be provided in instances where curb is deleted. Section 10.2. Off-Street Loading and Service Area Requirements. 27 A. Off-street loading and service areas shall be required for office and commercial Uses on the Real Estate. The number, size, configuration and distribution of these areas shall be as shown on an approved DP. B. Loading docks, solid waste facilities, recycling facilities, and other service areas shall be placed to the rear or side of Buildings. C. Screening and additional requirements are addressed in Section 7.7 and Section 13.2 of this Bridges Ordinance. Section 10.3 Bicycle Parking and Building Amenities. A. Bicycle parking shall be provided in compliance with Article 27.06 of the Zoning Ordinance. B. Buildings with a Gross Floor Area of more than 30,000 non-residential square feet shall contain a shower, changing and locker facility accessible for employee use. C. Buildings with a Gross Floor Area containing more than 15,000 square feet shall provide covered, long term bicycle parking at a rate of one space per 5,000 square feet of Building area with a maximum cap of 20 covered spaces. Long term bicycle parking may include an indoor storage area and /or exterior bicycle lockers, as approved as part of an ADLS plan. Section 11. Pedestrian Circulation. Specific provisions for incorporating pedestrian and bicycle access, circulation and amenities shall be included in the development of the Real Estate. Section 11.1 Sidewalks and paths within public street right-of-way shall meet the requirements of the Thoroughfare Plan and the Bicycle and Pedestrian Plan. Section 11.2 Sidewalks and paths and walkways shall be provided on both sides of all interior streets and shall allow for pedestrian mobility within the Bridges District. With the approval of the City Engineer and Alternative Transportation Coordinator areas along specific streets may provide sidewalks on only one side of the street. Section 11.3 Walkways shall be designed to allow pedestrians to access Buildings and Amenity Areas, and shall connect to sidewalks and paths within the pubic rights-of-way along Illinois Street, 111th Street, Springmill Road and 116th Street. Section 11.4 Walkways shall be provided on at least one side of all non-residential Buildings and shall provide access between rear parking areas and principal Building entrances. The minimum width for such walkways shall be five (5) feet. 28 Section 11.5 Crosswalks shall be installed at strategic locations to facilitate safety where pedestrian and vehicular conflicts exist. Section 11.6 Pedestrian access shall be coordinated with and provided to adjoining properties. Section 11.7 Pedestrian connectivity shall be provided for all internal east-west streets. A minimum of three east west pedestrian connections shall be provided between Springmill Road and Illinois Street. Section 11.8 A Pedestrian circulation plan will be submitted for the Bridges District at the time the first Development Plan is submitted and will be updated as Development Plans are submitted in the future to ensure compliance with the requirements of this Section 11. Section 12. Use Limitations. Section 12.1 Permitted Retail Intensity. Without the approval of the Plan Commission, there shall be no more that 250,000 square feet of Retail & Service Uses within the Commercial Amenity Use Block. Section 12.2 Maximum Attached Dwellings and/or Apartments. Without the approval of the Plan Commission, there shall be no more than three hundred (300) Attached Dwellings and/or Apartments within the Bridges District. Section 12.3 Location of Certain Uses within the Office and Residential Use Block. Within the Office and Residential Use Block, Hospital, Hotel and Hotel (Full Service) shall be permitted, but only (i) within 600 feet of Illinois Street and (ii) in excess of 300 feet from 111th Street. Section 12.4 Location of Certain Uses within the Commercial Amenity Use Block. Automobile Service Station, Car Wash, Veterinary Hospital with commercial kennel, and Restaurant with drive-thru food sales, shall be permitted only (i) in the Commercial Amenity Use Block and (ii) within 300 feet of Illinois Street. Section 12.5 Extension of Illinois Street. Prior to the extension of Illinois Street south to 111th Street, Certificates of Occupancy shall not be issued for more than 200,000 square feet of office development. Section 12.6 A fire station shall not be a permitted use on the Real Estate. Section 12.7 All Antennas shall be either concealed or camouflaged by Building parapet walls, mechanical screens, or other design methods. Section 13. Additional Requirements and Standards. 29 Section 13.1. Public Art. Public Art shall be permitted and may be included as part of a DP. Public Art shall be displayed in a location that is visually accessible to the public and shall not be a sign as regulated under by this Bridges Ordinance. Section 13.2. Refuse Storage. Any Accessory Building for storage or disposal of refuse shall meet the following requirements: A. Waste and recyclable materials, and, if applicable, grease or other cooking refuse containers shall be fully enclosed on all four sides except for doors or gates, which shall be kept closed unless loading or unloading. B. The minimum height of an enclosure shall be the greater of (i) six (6) feet or (ii) the height of the dumpster and/or container plus two (2) feet. C. The enclosure shall be architecturally compatible with the principal Building and integrated into the overall site layout. Section 13.3. Premises Identification. Premises identification shall meet the requirements of Article 25.14 of the Zoning Ordinance. Section 13.4. Home Occupations. Home Occupations shall meet the requirements of Article 25.18 of the Zoning Ordinance. Section 13.5. Outdoor Storage. Outdoor Storage shall not be permitted on the Real Estate. Section 13.6. Outdoor Display. As an Accessory Use to the primary Use, a Business shall be permitted to display goods or merchandise in conformance with the requirements of Article 25.21 of the Zoning Ordinance. Section 13.7. Temporary Uses. Temporary Uses, including Construction Facilities, Model Homes, Outdoor Sales, Outdoor Special Events, Seasonal Outdoor Sales, shall be permitted as set forth in Exhibit 4 (Use Table) and the applicable requirements of Chapter 25 of the Zoning Ordinance. Section 13.8. Right-of-way widths. A. The minimum half right-of-way widths shall be (i) the existing right-of- way for 116th Street, (ii) fifty (50) feet for Illinois Street (right-of-entry shall be provided by adjacent property owners during the period of construction), (iii) seventy-five (75) feet for 111th Street east of Illinois Street, (iv) fifty (50) feet for 111th Street west of Illinois Street, and (v) fifty (50) feet for Springmill Road. B. Right-of-way required for (i) the construction of future round-a-bout intersections at 111th Street and Springmill Road and 111th Street and 30 Illinois Street and (ii) modifications to the existing round-a-bouts at 116th and Springmill and 116th Street shall be dedicated. Section 13.9. Site Access. A. The number and configuration of vehicular access drives into the Real Estate from Illinois Street, 111th Street, Springmill Road and 116th Street shall be provided as generally illustrated on the Concept Plan. B. Three (3) full access drive cuts / street intersections shall be permitted along Illinois Street. Right-in / right-out access to Illinois Street shall be restricted as generally illustrated on the Concept Plan. C. Access to Illinois Street shall be provided for properties east of the Real Estate as generally illustrated on the Concept Plan. Access easements shall be provided and illustrated on Development Plans. D. Access to the Office and Residential Use Block from 111th Street shall be permitted and restricted to a right-in / right-out configuration. E. Access to the Real Estate from Springmill Road shall be permitted and restricted to two (2) full access drive cuts at the locations as generally illustrated on the Concept Plan. F. Access to the Real Estate from 116th Street shall be permitted and restricted to a right-in / right-out configuration as generally illustrated on the Concept Plan. Section 13.10. Service Connection Screening. Mechanical equipment, gas meters, and electric meters shall be screened in a manner consistent with Section 7.7 of this Bridges Ordinance and shall be visually impervious. Recesses in Buildings incorporating gates and other screening methods incorporated into the building design shall meet all applicable building code requirements. Essential mechanical or utilitarian rooftop appurtenances shall be screened, and upon the approval by the appropriate authority, such items and their screening may be erected to the minimum height appropriate unless prohibited by other laws or ordinances. Such appurtenances shall be defined as, but not limited to cooling towers, elevator bulkheads, conveyors, heating ventilation air conditioning equipment (HVAC), and rooftop stairway access structures. Section 14. Declaration(s) of Covenants and Owners Association(s). Declarations of Covenant(s) may be prepared by the Controlling Developer and recorded with the Recorder of Hamilton County, Indiana. There may be multiple Declaration(s) of Covenants applicable to different portions of the Real Estate, and multiple corresponding Owners’ Association(s). The Declaration(s) of Covenants may establish an Architectural Review Board, which shall establish guidelines regarding the design and appearance of all Office Buildings, Commercial Buildings and Dwelling Buildings. 31 Section 15. Procedural Provisions. Section 15.1. Approval or Denial of Plats. A. With respect to any portion of the Bridges District, the platting into smaller sections shall be permitted, but shall not be required in order to divide the Real Estate into smaller areas for purposes of conveying title to a parcel or creating separate tax parcels. Platting or otherwise dividing the Real Estate into smaller parcels for the purpose of conveying title or creating separate tax parcels shall not create property lines to which setback or any other standards of this Bridges Ordinances shall be applied, provided that development of the parcels conforms to an approved Development Plan. B. All secondary plats for any portion of the Bridges 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 to the corresponding approved primary plat. Section 15.2. Approval or Denial of Development Plans and ADLS. A. Development Plan (DP) and/or architectural design, exterior lighting, landscaping and signage (“ADLS”) approval by the Plan Commission, as prescribed in Chapter 24 of the Zoning Ordinance, shall be necessary prior to the issuance of a building permit. B. The Plan Commission shall review a Development Plan (DP) application to determine if the Development Plan (DP) satisfies the Development Requirements specified within this Bridges Ordinance. C. If there is a Substantial Alteration in an approved DP/ADLS, review and approval of the amended plans shall be made by the Plan Commission, or a committee thereof, pursuant to the Plan Commission’s Rules of Procedure. Minor Alterations may be approved by the Director. Section 15.3. Modification of Development Requirements (Zoning Waiver). The Plan Commission may, after a public hearing, grant an applicant a waiver of any of the dimensional and quantitative standards of this Bridges Ordinance, but not by greater that thirty-five percent (35%) of the specified standard. However, any approval of such waiver is subject to all of the following criteria: A. The proposal must be in harmony with the purposes and the land-use standards contained in this Bridges Ordinance. B. The proposal must enhance the overall development plan, the adjoining streetscapes, and the overall Bridges District. 32 C. The proposal must not produce a site plan or street/circulation system that would be impractical or detract from the appearance of the development plan or the Bridges District, and must not adversely affect emergency access or deprive adjoining noncommercial properties of adequate light and air. D. In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the purposes of this Bridges Ordinance. E. This Section does not affect the right of an applicant to petition the BZA for a variance from development standards. Section 15.4. Variance of Development Requirements: The BZA may authorize Variances from the terms of the Bridges Ordinance, subject to the procedure prescribed in Chapter 30 of the Zoning Ordinance. Section 16. Controlling Developer’s Consent. Without the written consent of the Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by way of example but not by limitation, none of the following may be obtained without the approval and consent of the Controlling Developer: A. Improvement location permits for any improvements within the Real Estate; B. Sign permits for any Signs within the Real Estate; C. Building permits for any Buildings within the Real Estate; D. DP/ADLS, or primary or secondary plat approval for any part of the Real Estate; and E. Any text amendments, variances, modifications of development requirements or other variations to the terms and conditions of this Bridges Ordinance. Section 17. Violations and Enforcement. All violations and enforcement of this Bridges Ordinance shall be subject to Chapter 34 of the Zoning Ordinance. Exhibit 1 - Page 1 of 1 Exhibit 1 Legal Description A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northwest Corner of the Northwest Quarter of Section 2, Township 17 North, Range 3 East; thence North 89 degrees 17 minutes 34 seconds East (assumed bearing) 117.22 feet along the North Line of said Northwest Quarter to the Southwest Corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East, to the point of beginning of the 70.174 acre tract of land described in the Quitclaim Deeds recorded as the following Instrument Numbers: 9127260 to 9127264, 9217780 to 9217784, 9413236 to 9413240 and 9555180 to 9555184 by the Recorder of Hamilton County, Indiana and to the point of beginning of the 1.690 acre tract of land (called Parcel 2) described in the Quit Claim Deed recorded as Instrument #200500026462 by said Recorder; thence South 13 degrees 00 minutes 48 seconds West 261.71 feet (measured 261.67 feet by deed) along the tenth course of the land description of said 1.690 acre tract of land (the North 13 degrees 01 minute 47 seconds East 261.67 foot long course) to its origin and to the Point Of Beginning of this description; thence South 13 degrees 00 minutes 48 seconds West 261.11 feet along the first course of the land description of said 70.174 acre tract of land (the South 12 degrees 59 minutes 10 seconds West 522.967 foot long course) to the West Line of said Northwest Quarter; thence South 00 degrees 03 minutes 30 seconds West 2,128.98 feet along the West Line of said Northwest Quarter to its Southwest Corner; thence North 88 degrees 57 minutes 32 seconds East 1,335.02 feet along the South Line of said Northwest Quarter to the Southeast Corner of the East Half of said Northwest Quarter; thence North 00 degrees 11 minutes 50 seconds East 995.35 feet along the East Line of the West Half of said Northwest Quarter to the origin of the fifth course of the land description of said 70.174 acre tract of land (the South 88 degrees 30 minutes 17 seconds West 89.31 foot long course), the following two (2) courses are along the boundary of said 70.174 acre tract of land; 1) thence South 88 degrees 32 minutes 44 seconds West 89.31 feet; 2) thence North 00 degrees 11 minutes 31 seconds West 749.72 feet to a point called "324" in the land description of the 0.881 acre tract of land (called Parcel 2B) in the Quit Claim Deed recorded as Instrument #200500026462 by said Recorder, the following five (5) courses are along the boundary of said 0.881 acre tract of land; 1) thence South 89 degrees 48 minutes 29 seconds West 120.01 feet; 2) thence South 00 degrees 11 minutes 31 seconds East 10.00 feet; 3) thence South 89 degrees 48 minutes 29 seconds West 145.00 feet; 4) thence South 00 degrees 11 minutes 31 seconds East 10.00 feet; 5) thence South 89 degrees 48 minutes 29 seconds West 174.99 feet to the Eastern boundary of the 2.319 acre tract of land (called point "319" in the Parcel 2A land description) described in the Quit Claim Deed recorded as Instrument #200500026462 by said Recorder, the following three (3) courses are along the boundary of said 2.319 acre tract of land; 1) thence South 00 degrees 11 minutes 31 seconds East 22.28 feet; 2) thence South 89 degrees 48 minutes 26 seconds West 130.00 feet; 3) thence North 00 degrees 11 minutes 34 seconds West 777.00 feet to the terminus of the third course (the South 89 degrees 48 minutes 36 seconds West 130.01 foot long course) (called point "310" in the Parcel 2 and Parcel 2A land descriptions) of said 1.690 acre tract of land, the following seven (7) courses are along the boundary of said 1.690 acre tract of land; 1) thence North 40 degrees 49 minutes 35 seconds West 119.71 feet; 2) thence South 88 degrees 32 minutes 44 seconds West 200.00 feet; 3) thence South 01 degree 27 minutes 16 seconds East 10.00 feet; 4) thence South 83 degrees 34 minutes 39 seconds West 115.43 feet; 5) thence South 68 degrees 30 minutes 03 seconds West 163.77 feet; 6) thence South 14 degrees 17 minutes 21 seconds West 131.35 feet; 7) thence North 76 degrees 57 minutes 39 seconds West 36.50 feet (measured, 36.78 feet deeded) to the Point Of Beginning, containing 63.661 acres, more or less. Exhibit 2 - Page 1 of 1 Exhibit 2 Concept Plan Exhibit 3 - Page 1 of 1 Exhibit 3 Use Block Map P = Permitted A = Accessory "Blank" = Prohibited Type of Use Corporate Office Office and Residential Commercial Amenity Residential Uses Single Family Dwelling Two Family Dwelling Multiple Family Dwelling (Apartment) P P Mobile Home Court Attached Dwelling P P Home Occupation A A Residential Kennel A A Bed & Breakfast Inn Model Home P P Guest House Bona Fide Servants Quarters Boarding or Lodging House Nursing/Retirement/Convalescent Facility P P P Private Swimming Pool, etc. A A Office Uses Clinic or Medical Health Center P P P Research Laboratory / Facility P P P General Offices P P P Professional Office P P P Hospice Training Facility Institution Uses Church/Temple/Place of Worship P P Hospital P P P Library P P P Penal or Correctional Institution Post Office P P P Power Generating Plant Public Service Facility P P P Commercial Sewage or Garbage Disposal Plant Water Management & Use Facility USE BLOCKS Use Table Exhibit 4 Exhibit 4 - Page 1 of 4 P = Permitted A = Accessory "Blank" = Prohibited Type of Use Corporate Office Office and Residential Commercial Amenity USE BLOCKS Use Table Exhibit 4 Educational Uses School, Trade or Business P P P College or University P P P Day Nursery/Day Care P P P Kindergarten/Preschool P P P School of Gen Elementary or Secondary Ed. Retail & Service Uses ** General Retail Sales P Lumber/Building Materials Sales (enclosed) General Service P P Automobile Service Station P Automobile /Boat Sales Automobile/Truck Repair (indoor) Manufactured Housing Sales Car Wash P Commercial Kennel Dry Cleaning Establishment (with on-site plant) Dry Cleaning Establishment (w/o on-site plant) P Equipment Sales/Repair (indoor) Financial Institution P P P Automated Teller Machine (ATM) P P P Food Stand P Funeral Home/Mortuary/Crematory Recreational Vehicle/Mobile Home Sales Roadside Sales Stand Self Service Laundry Sexually Oriented Business Veterinary Hospital with commercial kennel P Veterinary Hospital without commercial kennel P Wholesale Sales Cultural / Entertainment Uses ** Art Gallery P Art & Music Center P Exhibit 4 - Page 2 of 4 P = Permitted A = Accessory "Blank" = Prohibited Type of Use Corporate Office Office and Residential Commercial Amenity USE BLOCKS Use Table Exhibit 4 Carnivals, Fairs, Circuses, etc. Hotel P P Hotel (Full Service) P P P Indoor Theater Outdoor Theater Catering Establishment P Restaurant , without drive-thru food sales P Restaurant, with walk-up/drive-thru food sales P Meeting or Party Hall P Museum Stadium or Coliseum Tavern/Night Club P Industrial Uses Printing/Publishing Establishment P P Agricultural Uses Commercial Greenhouse Raising/Breeding of Non-Farm or Exotic Animals Feed Store Plant Nursery Grain Elevator General Agriculture (Farm) P P P Horse Farm Recreational Commercial Recreational Facility, Indoor P P Commercial Recreational Facility, Outdoor Community Center Country Club Golf Course Health/Fitness Facility P P P Private Club or Lodge Private Recreational Facility P P Riding Stable Exhibit 4 - Page 3 of 4 P = Permitted A = Accessory "Blank" = Prohibited Type of Use Corporate Office Office and Residential Commercial Amenity USE BLOCKS Use Table Exhibit 4 Park, Public Shooting Gallery Miscellaneous Artificial Lake or Pond (non-platted) P P P Cemetery Historic Site Temporary Uses Construction Facility P P P Display, Outdoor P Model Home P P Sales, Outdoor P Sales, Seasonal Outdoor P Special Event, Outdoor P Transportation & Communication Uses Antenna P P P Collocated Antenna Radio and/or Television Studio P P Radio/Television Transmission Antenna Radio/Television Transmission Tower Tower Wireless Telecommunications Antenna P P P Wireless Telecommunications Service Tower Motor Bus or Railroad Passenger Station Private Airplane Land/Service Facility Private Helicopter Landing/Service Facility Commercial Parking Lot Private Parking Area A A A Truck Stop * See requirements of Section 4.1.B and Section 5.1.B of this Bridges Ordinance. Exhibit 4 - Page 4 of 4 Exhibit 5 - Page 1 of 1 Exhibit 5 Development Standards Matrix Corporate Office Use Block Office and Residential Use Block Commercial Amenity Use Block *Minimum Tract Size for DP 3 Acres 3 acres 3 Acres Minimum Building Setback from 116th Street and Illinois Street 20’ 20’ 20’ Minimum Building Setback from Springmill Road and 111th Street 20’ 50’ 30’ **Min. Side/Rear Yard Building Setback 15’ n/a n/a Minimum Building Height when Building is not adjacent to 111th Street 38’ or 3 floors n/a n/a Minimum Building Height when Building is adjacent to 111th Street n/a n/a n/a Maximum Building Height when Building is not adjacent to Springmill Road or 111th Street the lesser of 90’ or 6 floors**** 60’ 60’ Maximum Building Height when Building is adjacent to Springmill Road or 111th Street the lesser of 38’ or 3 floors the lesser of 38’ or 3 floors the lesser of 38’ or 3 floors Minimum Building Gross Floor Area (GFA) when Building is not adjacent to Springmill Road or 111th Street 15,000 s.f. n/a ***2,500 s.f. Minimum GFA when Building is adjacent to Springmill Road or 111th Street 7,500 s.f. n/a n/a Exhibit 6 - Page 1 of 9 Exhibit 6 Architectural Standards Part 1. Guidelines and Objectives: A. The purpose of these architectural guidelines is to establish design parameters for the development of the Bridges District. B. These guidelines describe an architectural style with a flexible design framework where diverse and creative solutions can coexist in a pleasant and harmonic environment. Part 2. Design Philosophy: A. The design philosophy is intended to create a unique, inviting and visually stimulating environment that provides an opportunity to live, work and shop in a highly esteemed mid-western community. Bike and pedestrian paths, outdoor dining, shopping, and an amenity area offer social, physical and educational activities for the neighborhood. Ultimately the objective in design is to create an environment that is safe, friendly, dynamic, inter-generational and is perceived as a center of activity for the community. B. The prairie architecture style, one of the major styles of the region, will be used as a pattern language to guide the architecture and to support a casual lifestyle. C. Bridges at the entries will create gateways that invite the community and define the unique character from which this development derives its name. Part 3. Architectural Style: A. General: 1. The overall architectural treatment of the Buildings shall be inspired by the “prairie style” architecture found throughout the midwest. The horizontal lines of the prairie style evoke and relate to the native prairie landscape. 2. To avoid visual fatigue and to increase the sense of authenticity, the design offers a range of variation on the theme. Façades shall be formed in various proportions by material changes along the length of Buildings, combining rhythmic and harmonious elements in a holistic composition. The variations support the concept of an environment built over time, like any healthy town. 3. To enrich the composition, but in keeping with the quality of design, the Building design shall allow for the individual character of the various businesses to be expressed through elements such as signage, awnings, knee-walls and store front treatments. Exhibit 6 - Page 2 of 9 B. Building Massing: 1. Flat or hipped roofs with broad overhangs or articulated cornices will be utilized in many instances in order to create a horizontal framework, which will enhance with vertical features to pronounce the focal points of the Buildings, much like the chimneys of the prairie style. 2. The dimensions and size of the Buildings are ‘human-scaled’ to properly relate to the user and to provide a sense of familiarity and comfort. 3. Building facades are complemented with trellises, canopies and colonnades to create a diversity of experiences to be enjoyed by the user and to provide shelter from the elements. 4. All of these elements, strategically located, serve as visual landmarks to define public spaces and to enhance the sense of order. C. Materials and Exterior Building Finishes: 1. All Buildings shall be designed and constructed with building materials and colors to follow a consistent prairie style architectural theme. All exterior sides of the Building shall be finished in approved materials and colors. The selection of materials for the Bridges District shall be evaluated based on their permanence, ability to withstand weather conditions and visual appearance. Materials located in close contact with the public shall be more authentic in character, whereas materials placed above 8 feet may be more synthetic in nature. 2. Any number of materials may be used for the design of the Bridges District. The following is a list of acceptable materials: a. Face brick b. C.M.U. (concrete masonry units) c. Concrete brick d. Glass block e. Cast stone f. Poured concrete g. Precast concrete h. Colored/decorative concrete i. Limestone j. Simulated stone k. Terracotta l. Fiber Cement Siding m. Stained wood – only in locations minimally exposed to weather n. Stucco o. EIFS (limited to areas 8’ above grade) p. Glass (clear, color, sand blast, etched, etc) Exhibit 6 - Page 3 of 9 q. Storefront (aluminum, wood, steel) r. Curtain wall s. Exposed structure t. Concrete, brick, or asphalt pavers u. Porcelain and/or ceramic tile v. Textured paint w. Clay or colored concrete roof tiles x. Dimensional asphalt shingle roof y. Standing seam metal roof z. Slate roof aa. Synthetic slate roof D. Primary Facades: All primary facades of a Building, which for purposes of this Exhibit 6 is the Building façade of which the primary Building entrance exists, shall be designed with consistent style, detail and trim features. No Building façade shall extend for a distance greater than two (2) times its average height without a vertical offset, material change or color and texture change. No Building façade shall extend for a distance greater than five (5) times its height without a change in elevation. Articulation may also be achieved by a variety of roof planes and/or slopes. Primary facades shall incorporate Building elements such as lighting fixtures and changes in wall surfaces such as awnings, canopies, arcades, colonnades, alcoves, accents, windows, a variety of entry configurations, cornices, pilasters, columns or other Building elements that contribute to the human scale of the Building. E. Secondary Facades: Side and rear facades shall be finished in colors similar to the colors of the primary facades. Secondary facades immediately adjacent to a primary façade shall wrap around the Building by incorporating Building materials and detailing of the primary façade for a minimum of 30 percent of the overall wall length, measured from the primary façade. At pass-throughs to parking lots and at the kids play area, primary facades shall wrap around sides by 50% or more. No Building façade shall extend for a distance greater than three (3) times its average height without a vertical offset, material change, color change or texture change. Secondary facades shall incorporate Building elements such as pilasters, wainscots, accent banding or other Building elements that contribute to the appropriate scale of the Building. F. Service Courts: Service courts shall include painted or integral colored masonry. A minimum of two (2) colors will be utilized. Colors shall be consistent with the base colors of the primary and/or secondary facades. Where portions of the service court wall(s) are exposed, additional enhancements will be incorporated that are consistent with the requirements for secondary facades. G. All rooftop HVAC equipment shall be screened from view. H. Fixed awnings: Fixed awnings of fabric are encouraged, as they add complementary color and human scale to the street. Scalloped or straight edged valances must be free Exhibit 6 - Page 4 of 9 and attached at top only for authenticity. I. Colors: 1. The overall color palette of the Bridges District is “warm and earthy” and inspired by the colors of the prairie style. 2. The colors have a strong bias toward beiges and ambers of the natural stone, and warm oranges and reds of the brick. To create visual vibrancy and interest, these colors may be complemented by colors of higher intensity and hue such as green, ochre and ‘Navajo’ red. 3. In specific situations, color variations may depart from the earth tones to allow for individual expression of users or to create desired “tension” effects. The color variations in these cases is limited to elements such as awnings, signage, banners and architectural details. Part 4. Design Categories: A. In order to better identify the specific design intent for possible uses, these guidelines are divided into design categories associated with the different type of uses. These design categories encompass possible but not required uses in the Bridges District. The following is a list of such categories: 1. Retail a. Grocery/Pharmacy Part 5 b. Secondary and Service Retail Part 6 c. Retail Miscellaneous Part 7 2. Restaurants/Entertainment Part 8 3. Offices Part 9 4. Residential Part 10 5. Library Part 11 6. Hospitality Part 12 7. Specialty Part 13 Part 5. Retail – Grocery / Pharmacy: A. The design criteria outlined is intended to provide a design standard whereby larger footprint Buildings can be assimilated within the context of the Bridges District and facilitate the development’s scale, connectivity, traffic patterns, walk-ability and image. The following is a list of design considerations to be followed: 1. Facades shall be articulated to reduce any massive scale or impersonal appearance. Facades shall be articulated through the use of (i) changes in the wall plane, (ii) varying materials on the facades, (iii) changes in color of materials, (iv) variation in the fenestration and (v) patterning of the framing for the glazing. Exhibit 6 - Page 5 of 9 2. Buildings shall have architectural features and patterns that provide visual interest. 3. Variation in rooflines is required in order to add interest. 4. Entryway design elements and variations shall provide orientation and an aesthetically pleasing character to the Building. 5. Weather protection elements are encouraged but not required in order to reduce Building scale and to provide shelter. B. Entrances for these retailers shall have a strong identification, by utilizing a change in massing, signage and/or color, yet shall be compatible with the remainder of the Bridges District. Part 6. Secondary and Service Retail: A. Smaller Retail and service-oriented shops shall enhance the Bridges District identity and provide useful amenities to inhabitants and visitors alike. The presence of small retail stores gives a friendly appearance by creating variety and expanding the range of site activities. Windows and window displays of such stores should be used to contribute to the visual interest of exterior facades. B. The design of secondary and service retail shops shall give careful attention to detail at the storefront level, and shall include the following: 1. Appropriately scaled entryway features including windows, doors, portals, arcades, recesses and overhanging projections. 2. Attention to appropriate signage and lighting. 3. Environmental and decorative graphics, which will be instrumental in establishing the character and identity of the storefront designs. 4. Users shall be encouraged to have large quantities of transparency of storefronts and glazing, between piers, at a height varying from 10 feet to 14 feet from grade. Large expanses of blank walls shall be prohibited along the storefront of individual businesses. The side and rear of buildings (non-storefront side of businesses) may include similar storefront treatment. 5. Display windows shall be carefully designed and maintained and should include frames and base elements. 6. Façade materials shall be aesthetically pleasing and compatible with materials and colors used throughout the Bridges District. Exhibit 6 - Page 6 of 9 C. Awnings or canopies above storefronts are encouraged to protect shoppers from natural elements. D. All roof equipment must be screened from the pedestrian view. Sight line studies must be completed at all grade changes to ensure equipment concealment. E. The parapet height for a one-story Building shall be a minimum of twenty (20) feet at the Primary Facades and a minimum of eighteen (18) feet at the Secondary Facades. F. Only durable materials shall be placed from finish grade to six (6) feet above. Durable materials shall not include EIFS products. Part 7. Retail – Miscellaneous: A. A minimum of eight feet clear width shall be maintained from storefront line to inside façade of any canopy column. B. A minimum of two feet from face of curb to outside face of any canopy column shall be maintained. C. A minimum ceiling height of ten feet shall be maintained. Part 8. Restaurants / Entertainment: A. Restaurants 1. Restaurants are an important component of the fabric of the Bridges District. They provide indoor as well as outdoor activity and generate a sense of place. 2. Prototype identity for established restaurants shall be compatible with the rest of the development. Service areas and rear facades shall be properly designed to maintain visual quality. 3. Outdoor seating areas and patios are permitted and shall be encouraged. 4. As specified in Section 13, service area shall be properly screened. 5. Exhaust and mechanical apparatus shall be carefully incorporated into the architecture of the Buildings. 6. Criteria established for restaurants shall be used as a guideline for other entertainment uses. Part 9. Offices: Exhibit 6 - Page 7 of 9 A. The offices component of the Bridges District shall enhance the vibrancy and appeal of the development by adding human activity at different hours of the day. The architectural style of the offices shall be in keeping with the design philosophy of the Bridges District. B. Freestanding Buildings shall be oriented to encourage visual and physical connectivity with major circulation patterns. C. Each Building shall have a minimum of one main entry. Main entrances shall meet the following criteria: 1. Level of design shall be articulated. 2. Use of quality materials is required. 3. Additional height for visual significance will be appropriate. 4. Porte cochere or entry canopies are recommended. D. As specified in Section 13, service and delivery space shall be designed to minimize its visiblility. E. Safe means of accessibility from parking areas shall be provided to meet ADA guidelines. Part 10. Residential: A. Residential uses will add a sense of community and neighborhood to The Bridges District. B. Architectural Style: 1. The architectural style of the residential uses shall be compatible with the balance of the Bridges District. 2. The massing and entry features of the Building shall be respectful of the human scale and provide an enhanced living experience. 3. The selections of materials shall be complementary and in keeping with the Bridges District. 4. Windows shall be required on all facades. Exhibit 6 - Page 8 of 9 C. Residential building mass will be varied by integrating individual porches approximately every 30 lineal feet. Individual porches will also provide privacy for residents. D. Safe means of accessibility from parking areas shall be provided to meet ADA guidelines. Part 11. Library: A. A Public Library is allowed as a permitted use to enhance the vibrancy of the Bridges District and to complement such other uses as restaurants and retail. B. Facilities which are either freestanding, or integrated with retail areas, shall be permitted. C. As specified in Section 13, service areas shall be properly screened or incorporated into enclosed docks. Part 12. Hospitality: A. Hotels and similar accommodations will enhance the vibrancy of the Bridges District at the same time complement other uses such as restaurants and retail. B. Facades shall be articulated to reduce any massive scale or impersonal appearance. Facades shall be articulated through (i) the use of changes in the wall plane, (ii) varying materials on the facades, (iii) changes in color of materials, (iv) variation in the fenestration and (v) patterning of the framing for the glazing. C. Service areas and rear facades shall be properly designed to maintain visual quality. D. Facilities which are either freestanding, or integrated with retail areas, shall be permitted. E. As specified in section 13, service areas shall be properly screened or incorporated into enclosed docks. Part 13. Specialty: A. A fuel center will enhance the function of the development as a convenience. B. Subject to Section 3 of this Bridges Ordinance canopies over fuel pump islands shall be compatible with the Bridges District and incorporate materials and architectural features of the primary Building. Part 14. Amenities / Pedestrian Furniture: A. The selection of architectural amenities shall be complementary to the architectural character of the Bridge District. The amenities shall convey a sense of warmth and Exhibit 6 - Page 9 of 9 comfort and be visually appealing and properly integrated into the fabric of the Bridge District. The materials used for the selected amenities shall be durable and functional. B. Amenities are permitted (subject to applicable standards in this Bridges Ordinance) and may include, without limitation, the following: 1. Benches 2. Ash receptacles 3. Trash and recycling receptacles 4. Decorative poles with fabric banners (per the requirements of Section 9.13 and 9.14 of this Bridges Ordinance) 5. Bike racks 6. Fountains 7. Gazebo 8. Tower structures 9. Pedestrian walkway / trail-way 10. Bike trail-way 11. Music systems 12. Flag poles (per the sign requirements of the Zoning Ordinance) 13. Plaques 14. Phone enclosures 15. Tables / umbrellas (no sign of any type shall be permitted on tables or umbrellas) 16. Valet parking booths 17. Clocks 18. Murals (per the requirements of Section 9.9 of this Bridges Ordinance) 19. Carts and kiosks 20. Customer Service booths 21. Vending Areas (screened or designed per the requirements of Section 7.7 of this Bridges Ordinance) 22. ATM enclosures C. Any signs, if included on any of the items noted above, shall be 3 square feet or smaller to be considered incidental signage. Exhibit 7 Conceptual Character Imagery – Building Architecture Exhibit 7 - Page 1 of 4 Exhibit 7 - Page 2 of 4 Exhibit 7 - Page 3 of 4 Exhibit 7 - Page 4 of 4 Exhibit 8 Conceptual Character Imagery – Corporate Office Use Block Exhibit 8 - Page 1 of 1 Exhibit 9 Conceptual Character Imagery – Office and Residential Use Block Exhibit 9 - Page 1 of 1 Exhibit 10 Conceptual Character Imagery – Commercial Amenity Use Block Exhibit 10 - Page 1 of 2 Exhibit 10 - Page 2 of 2 Exhibit 11 Conceptual Character Imagery – Landscape Materials Exhibit 11 - Page 1 of 3 Exhibit 11 - Page 2 of 3 Exhibit 11 - Page 3 of 3 Exhibit 12 Conceptual Character Imagery – Landscaping Renderings Exhibit 12 - Page 1 of 2 Exhibit 12 - Page 2 of 2 Exhibit 13 - Page 1 of 1 Exhibit 13 Conceptual Character Imagery - Signage Exhibit 14 Sign Area Chart Exhibit 14 - Page 1 of 1 Conditions to Enactment of PUD Ordinance Z-550-11 I. Road Improvement Commitment. The following are imposed as conditions to the enactment of PUD Ordinance No. Z-550-11 (the “PUD Ordinance”), pertaining to the approximately sixty-three (63) acres of real estate legally described in what is attached hereto and incorporated herein by reference as Exhibit “A” (the “Real Estate”), and are in full satisfaction of all obligations specified in Section 2.09 of the City of Carmel’s Zoning Ordinance, as amended: A. Contribution. As a condition to the obtaining of each building permit for any building to be constructed upon the Real Estate, the Petitioner shall be required to pay to the City a sum of money equal to ten thousand dollars ($10,000.00) multiplied by the greater of (i) the number of acres associated with each such building permit or (ii) 5 acres; provided, however, that the sum of all such payments shall equal but shall not exceed six hundred fifteen thousand dollars ($615,000.00), which equals ten thousand dollars ($10,000.00) per acre multiplied by sixty-one and one-half (61.5) acres, which sixty-one and one-half (61.5) acres represents the total number of acres within the Real Estate less the portions of the Real Estate expected to be acquired for right-of-way. The above payments shall be used by the City only for those improvements set forth in the Traffic Impact Analysis prepared by A & F Engineering Co., LLC, dated January, 2011 (the “TIA”) and filed in connection with the consideration and enactment of the PUD Ordinance. B. Additional Improvements. The Petitioner shall make or cause to be made the following improvements. 1. Improvements to the eastern side of the southernmost entrance to the Bridges off of Springmill Road, comprising a passing blister, acceleration and deceleration lanes, and a northbound right turn lane; 2. Improvements to the eastern side of the northernmost entrance to the Bridges off of Springmill Road, comprising acceleration and deceleration lanes, and a northbound right turn lane to be coordinated with entrance on west side of Springmill Road; 3. The right in and right out into the Bridges off of 111th Street; and, 4. Whenever any of the improvements specified above in I(B)(1) and I(B)(2) are not located upon the Real Estate, the Petitioner’s obligation hereunder to effect said improvements shall be contingent upon the acquisition by the City of Carmel of such other necessary real estate. C. Roundabout at Illinois Street and 111th Street. If and when the City constructs the roundabout at Illinois and 111th Streets, only the northern one-half of such roundabout shall be constructed on the Real Estate, and the Petitioner shall be required to dedicate only so much of the Real Estate as is necessary to construct the northern one-half of such roundabout. EXHIBIT 15 D. Credit. If Petitioner makes any road improvements set forth in the TIA, other than those specified in I(B) above, or builds any segment of Illinois Street, Petitioner shall be entitled to a credit against the contributions specified in I(A) above in an amount equal to cost to Petitioner of such improvements and the value of any of the Real Estate utilized in connection with such Road Improvements. E. All Inclusive. Other than as specified in I(A), I(B), and I(C) above, neither the Petitioner, nor the Petitioner’s successors and assigns, nor any owner, user or contract purchaser of the Real Estate shall be required to pay any fees or to make any improvements, contributions or dedications for road improvements, in connection with this or any subsequent approvals, such as any subsequent DP/ADLS approvals and, as such, by way of example and not by way of limitation, the Petitioner shall not be required to (i) dedicate any portion of the Real Estate for the extension of Illinois Street, (ii) make any contributions for the construction of Illinois Street or (iii) construct any portions of Illinois Street. II. Mound. The following is also imposed as a condition to the enactment of the PUD Ordinance. A. Section 7.3(C) of the PUD Ordinance establishes an enhanced buffer, commencing not more than 100 feet south of the southern access to the Bridges off of Springmill Road and then continuing on the Real Estate south along and adjacent to Springmill Road and then east on the Real Estate along and adjacent to 111th Street (the “Enhanced Buffer”). Within this Enhanced Buffer (i) per the terms of Section 7.3 (C) of the PUD Ordinance, the Petitioner shall plant evergreen trees, spaced 15 feet on center, which evergreen trees shall be a minimum of 8’ tall at planting and (ii) subject to the satisfaction of the condition set forth immediately below, within 210 days after the first building permit for the first building in the Office and Residential Use Block is obtained, the Petitioner shall install a six (6) foot tall undulating mound, with openings to permit sidewalk connections in and to the Office and Residential Use Block of the Bridges: 1. The Petitioner shall not be required to install the Enhanced Mound unless the Williams Mill Home Owners Association, Inc., within one hundred fifty (150) days after written notice by Petitioner, (i) obtains from the City of Carmel, by and through the Board of Public Works and Safety and any other jurisdictional authorities from which approvals may be required, all permits, approvals and authorizations necessary to allow the Enhanced Buffer, along the entirety of the Enhanced Buffer, to encroach by 20 linear feet into the rights-of-way of Springmill Road and 111th Street; and (ii) obtains from the Clay Township Regional Waste District, both written authorization allowing the installation of the Enhanced Mound within said rights- of-way and written amendments, allowing the Enhanced Berm, to any easements thereby affected; and (iii) obtains any and all other approvals and authorizations necessary to permit said encroachment. Exhibit A - Page 1 of 1 Exhibit A Legal Description A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northwest Corner of the Northwest Quarter of Section 2, Township 17 North, Range 3 East; thence North 89 degrees 17 minutes 34 seconds East (assumed bearing) 117.22 feet along the North Line of said Northwest Quarter to the Southwest Corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East, to the point of beginning of the 70.174 acre tract of land described in the Quitclaim Deeds recorded as the following Instrument Numbers: 9127260 to 9127264, 9217780 to 9217784, 9413236 to 9413240 and 9555180 to 9555184 by the Recorder of Hamilton County, Indiana and to the point of beginning of the 1.690 acre tract of land (called Parcel 2) described in the Quit Claim Deed recorded as Instrument #200500026462 by said Recorder; thence South 13 degrees 00 minutes 48 seconds West 261.71 feet (measured 261.67 feet by deed) along the tenth course of the land description of said 1.690 acre tract of land (the North 13 degrees 01 minute 47 seconds East 261.67 foot long course) to its origin and to the Point Of Beginning of this description; thence South 13 degrees 00 minutes 48 seconds West 261.11 feet along the first course of the land description of said 70.174 acre tract of land (the South 12 degrees 59 minutes 10 seconds West 522.967 foot long course) to the West Line of said Northwest Quarter; thence South 00 degrees 03 minutes 30 seconds West 2,128.98 feet along the West Line of said Northwest Quarter to its Southwest Corner; thence North 88 degrees 57 minutes 32 seconds East 1,335.02 feet along the South Line of said Northwest Quarter to the Southeast Corner of the East Half of said Northwest Quarter; thence North 00 degrees 11 minutes 50 seconds East 995.35 feet along the East Line of the West Half of said Northwest Quarter to the origin of the fifth course of the land description of said 70.174 acre tract of land (the South 88 degrees 30 minutes 17 seconds West 89.31 foot long course), the following two (2) courses are along the boundary of said 70.174 acre tract of land; 1) thence South 88 degrees 32 minutes 44 seconds West 89.31 feet; 2) thence North 00 degrees 11 minutes 31 seconds West 749.72 feet to a point called "324" in the land description of the 0.881 acre tract of land (called Parcel 2B) in the Quit Claim Deed recorded as Instrument #200500026462 by said Recorder, the following five (5) courses are along the boundary of said 0.881 acre tract of land; 1) thence South 89 degrees 48 minutes 29 seconds West 120.01 feet; 2) thence South 00 degrees 11 minutes 31 seconds East 10.00 feet; 3) thence South 89 degrees 48 minutes 29 seconds West 145.00 feet; 4) thence South 00 degrees 11 minutes 31 seconds East 10.00 feet; 5) thence South 89 degrees 48 minutes 29 seconds West 174.99 feet to the Eastern boundary of the 2.319 acre tract of land (called point "319" in the Parcel 2A land description) described in the Quit Claim Deed recorded as Instrument #200500026462 by said Recorder, the following three (3) courses are along the boundary of said 2.319 acre tract of land; 1) thence South 00 degrees 11 minutes 31 seconds East 22.28 feet; 2) thence South 89 degrees 48 minutes 26 seconds West 130.00 feet; 3) thence North 00 degrees 11 minutes 34 seconds West 777.00 feet to the terminus of the third course (the South 89 degrees 48 minutes 36 seconds West 130.01 foot long course) (called point "310" in the Parcel 2 and Parcel 2A land descriptions) of said 1.690 acre tract of land, the following seven (7) courses are along the boundary of said 1.690 acre tract of land; 1) thence North 40 degrees 49 minutes 35 seconds West 119.71 feet; 2) thence South 88 degrees 32 minutes 44 seconds West 200.00 feet; 3) thence South 01 degree 27 minutes 16 seconds East 10.00 feet; 4) thence South 83 degrees 34 minutes 39 seconds West 115.43 feet; 5) thence South 68 degrees 30 minutes 03 seconds West 163.77 feet; 6) thence South 14 degrees 17 minutes 21 seconds West 131.35 feet; 7) thence North 76 degrees 57 minutes 39 seconds West 36.50 feet (measured, 36.78 feet deeded) to the Point Of Beginning, containing 63.661 acres, more or less. Site Location Map NORTH 111th Street Pennsylvania Street Illinois Street Meridian Street 116th Street Springmill Road SITE Maximum Building Gross Floor Area n/a n/a 120,000 s.f. Minimum Distance Between Buildings 30’ 15’ n/a * After approval of a DP a Tract may be divided into smaller areas for the purposes of conveying title. **The setback shall be applicable only to and shall be measured from the eastern most boundary of the Corporate Office Use Block. ***This standard shall be inapplicable to an automobile fuel sales Use. ****If 70% of a building will be occupied by a single tenant such building can be constructed at a maximum height of 150’. Legend: “n/a” – not applicable “s.f.” – square feet “adjacent” – When used in this Exhibit 5 (Development Standards Matrix) the term “adjacent” indicates any building within 200’ of the centerline of the noted right-of-way.