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Section 7.
Concentual Buildine: Tvnes
Section 7.1 Architectural Design Requirements:
A. Building rendering and elevations: Attached hereto and incorporated
herein by reference as Exhibit "B" are conceptual building images of the
Buildings to be constructed upon the Real Estate. All Buildings
constructed upon the Real Estate shall include Masonry and Hardi-
plank/Hardi-board as the primary building materials, excluding but not
limited to doors, soffits, trim, windows, gables and roofs. .
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Landscaoine ....~'"Q,4-( f'
Attached hereto and incorporated herein by reference as Exhibit "c" is the conceptual landscape
plan (hereafter "Conceptual Landscape Plan"). ~ ·
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Section 8.1 Planting Standards. Landscaping shall be integrate ith other functional
and ornamental site design elements, where appropriate, suc as hardscape materials,
paths, sidewalks, or any water features. Deciduous trees plant to satisfy the landscaping
requirements of this Ordinance shall have at least a tw and one-half inch (2-1/2")
Caliper and seven foot (7') height at the time of plant. g, unless otherwise specified
herein or otherwise indicated on the oncep ua andscape P an Evergreen trees shall
be a minimum of six feet (6') in heig at t e tIme 0 planting. Shrubs shall be two (2)
feet in height at the time of planting. All trees, shrubs and ground covers shall be planted
according to accepted horticultural standards. Landscaping materials shall be appropriate
to local growing and climatic conditions. Plant suitability, maintenance and compatibility
with site construction features are critical factors that should be considered. Plantings
should be designed with repetition, structured patterns, and complementary textures and
colors, and should reinforce the overall character of the area.
Section 8
Section 8.2 Maintenance. It shall be the responsibility of the owners and their agents
to insure proper maintenance of project landscaping approved in accordance with this
Arden Ordinance. This is to include, but is not limited to, irrigation and mulching of
planting areas, replacing dead, diseased, or overgrown plantings with identical varieties
or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and
weeds.
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Section 8.3 Building Base Landscaping. ding base landscaping around the
buildings shall include a minimum of twelv shrubs. Additionally, there shall be a
minimum of two (2) shade trees per unit een the unit and the sidewalk, if the
necessary area for planting is available. If a shade tree can not be planted between the
unit and the sidewalk, that shade tree will be planted at an alternate location on the site.
Section 8.4 Perimeter Planting/Buffer Yard. The perimeter planting and buffer yard
planting shall be in accordance with Section 26.04 perimete1BU~fering Requirements of
the Zoning Ordinance. ,
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C. Illumination of Sign: External.
D. Sign Permit: Required.
E. Fees: Required.
Section 11
Parkin!!
Section 11.1 Minimum Parking: Each Townhome shall contain a two (2) car garage
and, in addition, there shall be guest parking provided within on-street parking spaces and
other spaces to be provided on the site, as depicted on the Conceptual Plan and
incorporated herein by reference as Exhibit "G". 'N~~,.c..G: ,e.' 4&Ita~ Uti \\!.
~ion 12 Homeowners Association and Declaration~~:;:;ts "'I "Se,tt)c>L
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Section 12.1 Declaration of Covenants and Homeowners Association: The Developer
shall prepare and record a Declaration of Covenants which shall also contain various
provisions regarding the Real Estate as determined by the Developer, including, without
limitation, provisions for mandatory assessments and maintenance of common areas.
The Declaration of Covenants will also provide for the establishment of a Homeowners
Association in which membership shall be mandatory.
Section 13. Aoproval Process
Section 13.1. Approval or Denial of the Primary Plat/Development Plan.
A. Exhibit "G", which is attached hereto and incorporated herein by
reference, shall serve as the Conceptual Plan (the "CP"). However, the CP
does not constitute the approved Development Plan and primary plat for
the Real Estate, nor does it constitute the approved architecture, design,
lighting and landscaping for the Real Estate and the improvements
thereon, considered in connection with the Arden Ordinance. Arden shall
require further (i) ADLS approval and (ii) Development Plan/primary plat
approval. The Final Development Plan approval procedures are set forth
below in this Section 13. If there is a Substantial Alteration in the
approved ADLS and Development Plan/primary plat, review and approval
of the amended plans shall be made by the Commission, or a Committee
thereof, pursuant to the Commission's rules of procedure. Minor
Alterations may be approved by the Director.
The Director shall have the sole and exclusive authority to approve
without conditions, approve with conditions, or disapprove the Fifta~
~c"..\ 'f"< ~D~vdvpU1"lJl Plan3/Secondary Plats (collectively, the ~') for the
,,(> ? .' ',.(\rden Ordinance; provided, however, that the Director shall not
/~~~ ~9-~~nreasonablY withhold or delay the Dire or's approval of the FDP that is
::> ~ in substantial conformance with th nd is in conformance with the
~t(&A1 R Development Requirements and Deve 0 ment Standards of this Arden
~6\ t9 · Ordinance. If the Director disapproves y FDP, the Director shall set
6
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EXHIBIT A
RECORD LEGAL DESCRIPTION
Quoted from Instr. No. 9103410
also contained in DB 263, PG 240
Part of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, described as
follows, to-wit:
Beginning at a point 1036.3 feet East of the southwest corner of the Southwest Quarter of Section
19, Township 18 North, Range 4 East, measured on and along the south line of said quarter section,
said point being in the center of Cool Creek; thence East along said section line 365 feet to a point;
thence North on and along a fence line 1356.6 feet to a comer post; thence along a fence line 201.6
feet West to the intersection of the Southerly line of the Old I U T Traction Co's right of way; thence
southwesterly on and along said right of way line 201 feet to a point, said point being the southwest
corner of the west abutment of old I U T bridge over Cool Creek; thence south 11 degrees and 8
minutes West on and along a fence line 511.5 feet to a point, said point being 484 feet West of the
east line of said property; thence Southeastwardly along the center of said creek, 831 feet to the
place of beginning, containing 14 acres, more or less.
MODERNIZED LEGAL DESCRIPTION
A part of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, of the Second
Principal Meridian, in Clay Township, Hamilton County, Indiana, more particularly described as
follows:
Commencing at the southwest corner of said quarter section; thence North 90 degrees 00 minutes
00 seconds East (assumed bearing) along the south line of said quarter section 1036.30 feet to a
point in the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90
degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract of
land described in DB 263, PG 240 in the Office of the Recorder of said Hamilton County; thence
North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast
corner of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north
line of said tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company
("IUT") right-of-way (said line being 33 feet by parallel lines from the center line of said right-of-
way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00
feet to the southwest corner of the west abutment of the IUT bridge over Cool Creek; thence South
13 degrees 43 minutes 07 seconds West 511.50 feet to a point in the center of Cool Creek; thence
meandering said center of Cool Creek the following seven courses:
1) South 22 degrees 00 minutes 00 seconds East 140.00 feet;
2) South 09 degrees 00 minutes 00 seconds East 100.00 feet;
3) South 26 degrees 00 minutes 00 seconds East 300.00 feet;
4) South 03 degrees 00 minutes 00 seconds East 60.00 feet;
5) South 30 degrees 00 minutes 00 seconds West 65.00 feet;
6) South 19 degrees 00 minutes 00 seconds West 100.00 feet;
7) South 07 degrees 00 minutes 14 seconds East 70.94 feet
to the point of beginning, containing 12.721 acres, more or less.
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