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HomeMy WebLinkAboutZ-362-01 College Hills PUDSponsor(s): Councilor Wilson ORDINANCE No. Z-362-01 (25-01 -Z) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE COLLEGE HILLS Planned Unit Development District WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Carmel/Clay Zoning Ordinance") provides for the establishment of a Planned Unit Development District in accordance with the requirements of IC §36-7-4-1500 et seq.; and WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a favorable recommendation to the ordinance set forth herein (the "Ordinance") which establishes the College Hills Planned Unit Development District (the "District"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council"), that (i) pursuant to IC §36-7-4-1500 et seq., it adopts this Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force and effect from and after its passage, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, and (iii) this Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. CHAPTER 1.0 APPLICABILITY OF ORDINANCE. Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit A (the "Real Estate"), as a Planned Unit Development District to be known as College Hills. Section 1.2 Development in the Planned Unit Development District shall be governed entirely by (i) the provisions of this Ordinance, (ii) those provisions of the Carreel/Clay Zoning Ordinance specifically referenced in this Ordinance, and (iii) the Commitments Concerning The Use And Development Of The Real Estate attached hereto and incorporated herein by reference as Exhibit B. In the event of a conflict between this Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Ordinance shall apply. Section 1.3 Any term not defined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance, unless the context otherwise requires. CHAPTER 2.0 PERMITTED USES. Section 2.1 Permitted Priman/Uses. Office, Any Type; and Uses permitted under the R-1 classification of the Zoning Ordinance for the City of Carmel/Clay Township, Indiana. Section 2.2 Permitted Accesson/Uses and Structures. Accessory uses and structures, subordinate, appropriate and incidental to the above-permitted primary uses shall be permitted, including trash enclosures, Automated Teller Machines (ATMs), and utilities. The following accessory retail and service commercial uses shall be permitted within the building(s): Cafeteria/Dell/Coffee Shop Photocopying and Duplicating Services The following accessory supportive service uses shall be permitted within the building(s): Conference Center Fitness Center Accessory uses, accessory retail, accessory service commercial, accessory supportive services, or accessory structures, if utilized, shall: have as their primary purpose serving the occupants or employees of the buildings; and, have a total gross square footage for all accessory uses which does not exceed 25,000 square feet. Section 2.3 Communication Ec~uioment. Cell towers shall not be permitted. Communications equipment, as required by the building occupants, shall be permitted and shall be screened with suitable walls or fencing and in general be architecturally corn patible with the building(s) with which it is associated. -2- CHAPTER 3.0 GENERAL PROVISIONS. Section 3.1 Minimum Parcel Size. The College Hills PUD parcel shall have a minimum size of fifteen (15) acres. This Section 3.1 does not, however, preclude the sale or other transfer of any lot within the Real Estate after the approval of a DP for the parcel, provided that any such lot is at least four (4) acres in size. However, the development of the parcel must still conform to the DP for the Real Estate as approved or amended by the Director, and all other applicable requirements contained in this Ordinance. Section 3.2 Maximum Building HeiQht. For all uses, the maximum building height shall be the lesser of (i) seventy-nine (79) feet plus an additional twenty-one (21) feet for a penthouse and/or mechanical or utilitarian roof top appurtenances, or (ii) 5 stories plus an additional twenty-one (21) feet for a penthouse and/or mechanical or utilitarian roof top appurtenances. Section 3.3 Minimum Buildina Heiaht. All uses, fourteen (14) feet, with a minimum of twelve (12) feet to the lowest eaves for a building with a gable, hip or gambrel roof. Section 3.4 Maximum Parcel CoveraCle. Maximum Parcel Coverage of the Real Estate shall be sixty-five percent (65%). Maximum FloorArea Ratio (F.A.R.) of the Real Estate shall be 0.70, with the F.A.R. being calculated by dividing the total gross floor area of all buildings on the Real Estate by the area of the Real Estate. Section 3.5 Architectural Desian Reauiraments. Scale and proportion: All building facades, including doors, windows, column spacing, and signage shall be designed using the Golden Section, represented by the ratio 1:1.6 or 1.6: 1, as a general guideline. Suitability of building materials: A minimum of three materials shall be used for building exteriors from the following list: stone, brick, architectural precast (panels or detailing), architectural metal panels, glass, ornamental metal. Building design: All buildings shall be designed with a minimum of eight external corners, in order to eliminate monotonous box buildings, unless otherwise approved by the Commission. Roof design: Sloped roofs shall be a maximum of one hundred (100) feet without a change in roof plane, or gable or dormer. -3- Building penthouses: Building penthouses must be incorporated into the building facade design, including exterior materials specifications. Section 3.6 Other Reauirements. Outside Storage of Refuse. No outside, unenclosed storage of refuse (whether or not in containers) shall be permitted. All refuse shall be contained completely within the building(s) or in separate accessory structure(s). Any separate accessory structure designed for refuse storage shall be architecturally compatible with the building(s). Loadin~l Berths. No loading or unloading berth or bay shall be visible from any adjacent residential area. Mechanical Ecluipment. Any mechanical equipment visible from an adjoining street or highway shall be screened with suitable walls or fencing and in general be architecturally compatible with the building(s) with which it is associated. All HVAC equipment shall be located on the roof of the building(s), and required screening shall include noise abatement features. CHAPTER 4.0 SPECIFIC PROVISIONS. Section 4.1 Minimum Buildin¢l Setbacks. The minimum building setbacks shall be (a) 100 feet from the INDOT right-of-way, (b) 100 feet from the side property lines, and (c) 200 feet from the South Section Line. Section 4.2 Minimum Gross Floor Area. All buildings shall have a minimum of fifteen thousand (15,000) square feet of gross floor area, excluding the floor area of any accessory structure(s). Accessory structures permitted need not meet the minimum floor area requirement. Section 4.3 Maximum Density. Maximum gross floor area for all buildings upon the Real Estate shall be 420,000 square feet. No more than 5,000 square feet of such 420,000 square feet shall be allocated to a fitness center, and no more than 5,000 square feet of such 420,000 square feet shall be allocated to a conference center. -4- Section 4.4 Landscapin.a ReQuirements. Landscape Plan. A Landscape Plan shall be submitted to the Commission for its approval at the same time other plans (i.e., architectural design, lighting, parking and signage) are submitted. The Landscape Plan (1) shall be drawn to scale, including dimensions and distances; (2) shall delineate all existing and proposed buildings, structures, parking areas, walks, ramps for handicapped, terraces, driveways, ground and monument signs, lighting standards, steps or other similar structures; and (3) shall delineate the location, size and description of all proposed landscape material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral and coordinated part of the Landscape Plan for the Real Estate. B. Areasto be Landscaped. 1. Greenbelt: A greenbelt shall be provided adjacent to the 96t~ Street right- of-way and shall be a minimum of thirty (30) feet in width and landscaped per the requirements of Section 4.4.C. The greenbelt areas shall be unoccupied except for plant material, steps, walks, terraces, bike paths, driveways, lighting standards, signs and other similar structures (excluding parking). 2. Plantinq Strip: There shall be landscaped planting areas located adjacent to the INDOT right-of-way and the side property lines which shall be a minimum of ten (10) feet in width and landscaped pursuant to Section 4.4.C hereof. These landscaped areas shall be unoccupied except for plant material, steps, walks, terraces, bike paths, driveways, lighting standards, signs, and other similar structures (excluding parking). 3. Planting Adjacent to Buildincls: A planting area equal to an area measuring ten (10) feet in depth shall be installed on all sides of the building(s). -5- Outdoor terraces, sidewalks and driveways may be permitted in these areas. If an outdoor terrace, sidewalk or driveway cuts into a planting area, the displaced area shall be an additional area added to the building perimeter planting. These additional adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped. These additional adjacent planting areas may abut an outdoor terrace area. Plantine Within ParkinQ Lots: A minimum of (a) one (1) shade tree and five (5) shrubs or (b) two (2) shade trees shall be planted within each parking lot island at a rate not less than eighteen (18) trees per acre of parking. (See Section 4.4. C.1 for minimum planting area requirements. ) Total Landscaping ReQuired: Inclusive of the greenbelts, the planting strips, the planting adjacent to the building(s), outdoor terrace areas and the planting within surface parking lots, a minimum of fifteen percent (15%) of the Real Estate shall be landscaped. C. Landscapina Standards. Interior Areas. The dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum widths for interior planting areas shall be used: Canopy Trees: Ornamental Trees: Shrubs (only): 9 feet wide 7 feet wide 5 feet wide Greenbelt. The greenbelt areas, as designated in Section 4.4. B.1., shall include a six to eight (6-8) foot undulating earthen berm which shall resemble the berm on 96t" Street fronting the Parkwood Crossing development. On this berm there will be placed eight to ten (8-10) foot tall conifers, spaced fifteen (15) feet on center, together with five (5) ornamental trees and four (4) deciduous trees scattered within every one hundred twenty (120) linear feet of berm. The D= deciduous trees shall have a minimum DBH of 2-3 inches. A sidewalk shall be installed along the 96t" Street frontage south of the herre. Construction of the berm shall commence contemporaneously with the initial site development for the Real Estate and will be finished contemporaneously with or prior to completion of the first building. Plantin.~ Strip. The primary landscaping materials used in the planting strip areas and adjacent to buildings shall be shade trees, ornamental trees, shrubs, ground cover, grasses and flowers. A base planting unit of one hundred (100) linear feet will be designated for the planting strip areas which includes: Three (3) shade trees; or, Six (6) ornamental trees or six (6) conifer trees. Materials. All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: Shade Trees: All shade trees shall have a minimum DBH of two (2) inches, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than % of tree height. Ornamental Trees: All ornamental trees shall have a minimum DBH of 1.75 inches, a minimum height of six (6) feet, and a branching height of not less than 1/3 nor more than % of tree height. c. Evergreen Trees: A minimum height of six (6) feet. Deciduous Shrubs: A minimum height of twenty-four (24) inches, with no less than six (6) main branches upon planting. Evergreen Shrubs: A minimum height and spread of twenty- four (24) inches. LandscapinQ Installation and Maintenance. Installation. All required landscaping for each phase of the development shall be installed prior to the issuance of a final Certificate of Occupancy by the Department, If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost -?- Section 4.5 A. D= Section 4.6 A. of the required landscaping prior to the issuance of the final Certificate of Occupancy. Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and retention ponds approved in accordance with the development requirements specified for this Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased or overgrown planrings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Chanaes After Approval. No landscaping which has been approved by the Commission may later be substantially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor and material alterations in landscaping may be approved by the Director in order to conform to specific site conditions. Inspection. The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. Parkin.cl Requirements. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas. Direct, articulated pedestrian access shall be provided from the street to the primary entrance of the building(s). The minimum number of parking spaces required shall be three and one-half (3-1/2) spaces for each one thousand (1,000) square feet of gross floor area. There shall be an appropriate number of parking spaces, accessible to the building(s) and identified as reserved for use by handicapped individuals, and these spaces shall meet State requirements. Liclhting Requirements. A site lighting plan shall be submitted along with the information on architectural design, landscaping, parking, signage, and lighting ("ADLS") Section 4.7 commercial, approval petition. The site lighting plan shall include the layout, spread and intensity of all site lighting, including: 2. 3. 4. 5. Parking lot and service/storage area lighting; Architectural display lighting; Security lighting; Lighting of pedestrian ways; and Landscape lighting. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. The height of light standards shall not exceed thirty (30) feet from the top of the fixture to the top of the pole base. The base of the pole shall not exceed two (2) feet in height. All exterior and street area lighting fixtures shall be of the "shoebox" variety which directs light downward. Any parking lot lighting or building lighting ilium ination emanating from the Real Estate development shall not exceed (i) 0.1 footcandle at the north right-of-way line of East 96t" Street and at the eastern boundary of the Real Estate, and (ii) 0.3 foot candles at the western boundary of the Real Estate. Sians. Signs for accessory uses, accessory retail, accessory service and accessory supportive services shall be limited to lower level signs. UDDer Level Si.ans. Number & Type: The maximum number of Identification Signs permitted shall be two (2) wall signs for each building. 2. Maximum Sign Area: 90 square feet each. Location: The signs may be located on either the west, north or east facades. 4. Design: All walls signs shall consist of individual letters. 5. Illumination: Internal. 6. Sign Permit: Required. 7. Fees: Required. Lower Level Signs. 1. Number & Type: The maximum number of Identification Signs permitted shall be six (6) wall signs. 2. Maximum Sign Area: 60 square feet each. 3. Location: The signs may be located on either the west, south or east facades. The signs may only be located on the first floor facade. 4. Design: All walls signs shall consist of individual letters. 5. Illumination: Internal. 6. Sign Permit: Required. 7. Fees: Required. Colle.cle Hills Center Identification and Real Estate (Leasinai Si.ans. 1. Number & Type: As approved by an ADLS Sign Program for College Hills. 2. Maximum Sign Area: As approved by an ADLS Sign Program for College Hills. 3. Maximum Height of Sign: As approved by an ADLS Sign Program for College Hills. 4. Location: As approved by an ADLS Sign Program for College Hills. 5. Design: Signs must comply with the approved architectural scheme of the complex, and must be of a similar design, lighting and style of construction. 6. Illumination: Internal or completely shielded. 7. Landscaping: Sign must be accompanied by a landscaped area at least equal to the total sign area. 8. Sign Permit: Required. -]0- 9. Fees: Required. Other Provisions. Section 25.7.01 - "General Provisions" and 25.7.06- 25.7.09 -"Legal Non-Conforming Signs, Sign Permits, Variance, and Administration and Enforcement" of the Carmel/Clay Township Sign Ordinance Z-302, are also incorporated by reference. CHAPTER 5.0 APPROVAL PROCESS. Section 5.1 Approval of ADLS. The Commission shall consider an ADLS approval petition for any building within College Hills. The ADLS approval request shall be a specific plan consisting of the architectural design of any buildings, landscaping, lighting, and signage for a site within the College Hills development. The Commission shall approve the ADLS without conditions or approve with conditions. If there is a substantial alteration in the approved ADLS plans, review and approval of the amended plans by the Commission shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor and material alterations may be approved by the Director. In no event, however, may the Commission or the Director approve any alteration that exceeds a maximum limitation imposed by this Ordinance or approve any alteration that is less than a minimum limitation imposed by this Ordinance. Section 5.2 Approval or Denial of the Development Plan. A. The Commission shall approve a Conceptual Development Plan (the "CDP"). The Director shall approve without conditions, approve with conditions, or disapprove the Final Development Plan (the "FDP") for any project within College Hills; provided, however, that the Director shall not unreasonably withhold or delay his/her approval of a FDP that is in substantial conformance to the CDP and is in conformance with the development requirements of this Ordinance. If the Director disapproves the FDP for any project within College Hills, the Director shall set forth in writing the basis for -11- the disapproval and schedule the request for approval of the FDP for hearing before the Commission. C= An amendment to a FDP which does not alter the use of any land may be reviewed and approved by the Director. The FDP shall be a specific plan forthe development of all or a portion of the Real Estate that is submitted for approval by the Director showing proposed facilities and structures, parking, drainage, erosion control, utilities and building information. CHAPTER 6.0 DEFINITIONS AND VIOLATIONS. Section 6.1 General Rules of Construction: Definitions. General Rules of Construction: The following general rules of construction and definitions shall apply to the regulations of this Ordinance: The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. Words used in the present tense include the past and future tenses, and the future the present. The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. B. Definitions: Accessory Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. Accessory Use: A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. Alteration, Material: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. -12- 11. 12. 13, Alteration, Minor: Any change to an approved plan of any type that involves the revision of less than ten percent (10%) of the plan's total area or approved materials. Alteration, Substantial: Any change to an approved plan of any type that involves the revision of ten percent (10%) or more of the plan's total area or approved materials. Antenna: A structure or device that is used for the purpose of collecting or transmitting signals, images, sounds, or information of any nature by wire, radio, visual, or electromagnetic waves, including but not limited to directional or omni-directional antenna, panels, and microwave or satellite dishes. The term does not include an amateur radio station antenna. Architectural Plan: A plan for the construction of any building or structure designed by a qualified registered architect. Automated Teller Machine (ATM): A mechanized apparatus which performs limited banking functions for customers such as deposits, withdrawals and transfers of funds upon insertion of a customer identification card, password or similar device. Board: The Carmel/Clay Board of Zoning Appeals. Building: Astructure having a roof supported by columns orwalls, for the shelter, support, enclosure or protection of persons or property, and intended for human occupancy. Buildin~l or Structure, Front Line of: The line of the face of the building or structure nearest the South Section Line, not counting patios, terraces, etc. Buildinc~ Height: The vertical distance from the grade at the main entrance to the top of the parapet that comprises the majority of the perimeter of the building. Buildin~l or Structure Setback Line: (Sometimes called a Building Line) The line nearest the front of and across the Real Estate establishing the minimum open space to be provided between the front line of a building or structure and the South Section Line, -]3- 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Cafeteria/Dell/Coffee Shop: An establishment located within the building(s) where food and drink is prepared, served and consumed primarily within the building(s) by the occupants of the building(s) and their guests. Centerline: A line lying midway between the side lines of a street or alley right-of-way and/or pavement. Certificate of Occupancv: A certificate signed by the Director stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this Ordinance. City: The City of Carmel, Indiana. Commission: The Carmel/Clay Plan Commission. Common Area: Areas within a development that serve either a portion of or the entire development. (Example common area - signs, lighting, landscaping, maintenance shed, etc.) Conference Center: A meeting room provided as an amenity for, and made available to, all occupants of the building(s) and their guests. Council: The City Council of the City of Carmel, Indiana. County: Hamilton County, Indiana. Development Plan, Final: A specific plan for the development of real property that is submitted for Com mission approval showing proposed facilities, buildings and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and buildings information for a site. A development plan may include only parcels that are contiguous and not separated by the right-of-way of any highway in the state highway system. Development Plan, Conceptual: A general plan for the development of real property, that is submitted for Plan Commission approval showing proposed facilities, buildings and structures. This plan generally shows landscape areas, parking areas, site access, drainage features, and building location(s). -14- 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Development ReQuirements: Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a development plan. Diameter at Breast Height ~DBH): Diameter of the trunk measured at fifty-four (54) inches above grade. Director: Director, orAdministrator, ofthe Department of Community Services for the City of Carmel, Indiana. "Director" and "Adm inistrator" shall include his/her authorized representatives. Dish: That part of the earth station shaped like a saucer or dish. Dish-Type Receivin.cl Antenna (Earth Station or Ground Station): A signal receiving device, the purpose of which is to receive radio communications, television, data transmission or other signals from a satellite or satellites in earth orbit. Financial Institution: Any building wherein the primary occupation is concerned with such Federal or State regulated businesses as banking, savings and loans, loan companies and investment companies. Fitness Center: An exercise facility provided as an amenity for, and made available to, all occupants of the building(s). Floor Area Ratio (F.A.R.): The gross floor area of all stories of all buildings within the Real Estate divided by the total horizontal area within the Real Estate boundaries. Footcandle: A unit of illumination. It is equivalent to the illumination at all points which are one (1) foot distant from a uniform source of one (1) candlepower. Front Yard: The side of the Real Estate which is adjacent to the 96th Street right-of-way. Greenbelt: That portion of the front yard which is immediately adjacent and parallel to the right-of-way of 96th Street and having a minimum depth of thirty (30) feet. -15- 36. 37. 38. 39. 40. 41. 42. 43. 44. Greenbelt Buffer: That portion of the Real Estate which abuts the south perimeter of the development and which is designed specifically to provide a buffer and visual screen to adjacent residential land. Gross Floor Area (Construction Area): The floor area, excluding any penthouse areas, as measured by the face of the exterior building material. HVAC: Heating, ventilation and air conditioning equipment. Landscaped Green Area: An area which includes live plantings other than grass. The size of planting at the time of installation shall not be less than a minimum of eighteen (18) inches in width and height for shrubs, a minimum of four (4) to five (5) feet in height for evergreen conifer trees, and a minimum of six (6) to eight (8) feet in height for shade trees. Landscapina: The improvement of the Real Estate with grass and mounding, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds, retention ponds, ornamental objects such as fountains, statues and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect. Lot: A portion of the Real Estate intended as a unit for transfer of ownership or development. Lower Level SiQn: Asign located on a building facade below a height of twenty-six (26) feet, measured from grade level. Office: A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations, including but not limited to professional offices, business or personal service offices, financial institution offices, sales offices, real estate offices, and governmental offices. Parcel Covereae: The total ground area, within the Real Estate, covered by buildings and accessory structures which are greater than eighteen (18) inches above grade level, excluding fences and walls not attached in any way to a roof, divided by the total horizontal area within the Real Estate boundaries, -16- 45. 46 ,47. 48. 49. 50. 51. 52. 53. 54. 55. Parking Space: An area having a rectangular area of not less than one hundred eighty (180) square feet and a minimum width of nine (9) feet exclusive of driveways, permanently reserved for the temporary storage of one automobile. Photocopying and DuplicatinQ Devices: A facility providing reproduction, cutting, printing, binding, etc. of written materials, drawings, labels, etc. for occupants of the building(s). Plantincl Strip: A section of land not less than ten (10) feet in width intended to contain plant materials and for the purpose of creating a visual separation between uses or activities. Pond: Abodyofwatereitheroccurringnaturallyorartificiallycreated and not fed by any watercourse. Professional Office: An office of a member of a recognized profession such as an architect, attorney, dentist, engineer, physician or surgeon. Receiver: A television set, radio, communication device or data input device that utilizes the signals from the earth station. Riqht-of-Wav: An area of land permanently dedicated to provide light, air and access. Setback: The least measured distance between a building or structure and the Section Line, the side property line of the Real Estate or the rear property line of the Real Estate. Sign: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carreel-Clay Township, Ordinance Z-196, as amended. South Section Line: The South Line of the Southwest Quarter of Section 12, Township 17 North, Range 3 East. Story: That part of any building comprised between the level of one finished floor and the level of the next higher floor or, if there is no higher finished floor, that part of the building comprised between the level of the highest finished floor and the top of the roof beams. -l?- 56 Street: A right-of-way, other than an alley, dedicated and accepted, or otherwise legally established for public use, usually affording the principal means of access to abutting property. 57. Trash Enclosure: An enclosed accessory structure that is designed to screen and protect waste receptacles from view and to prevent waste debris from dispersing outside the enclosure. 58. Upper Level Sign: A sign located on a building facade above a height of twenty-six (26) feet, measured from grade level. 59. Use: The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment. Section 6.2 Violations of Ordinance. All violations of this Ordinance shall be subject to Section 34.0 of the Carreel/Clay Zoning Ordinance. (Signature Page Follows) -18- PASSED by the Common Council of the City of Cannel, Indiana this ~_~day of ~¶o~t ,2001, by a vote of '7 ayes and ~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Of~cerd . Ronald E. Carter ~ ATTEST: iana L. Col/)rdra~ I~-Treasurer Presented by me to the Mayor of the City f Cannel, Indiana this ~Z_ day of Diana L. Cordray,~'~;~C,~reasurer Approved by me, Mayor of the City of Carreel, this 2001 ,' at James Brainard, Mayor ATTEST Diana L. Cordray, IAl~,~erk-Treasurer Prepared By: Charles D. Frankenberger, NELSON & FRANKENBERGER, 3021 East 98m Street, Suite 220, Indianapolis, Indiana 46280. -20- EXHItlIT "A" Legal Description Part of the Southwest Qusrtcr of Sealon 12, Town~!~ 17 North, Range 3 East, C!,,y '~cwmhip, Hamilton County, Indiana, being described as follows: L~ts 27-3'S, 70-87, and 123-130 Call inclusive) of College I-lilt Subdivision as recorded in PIa~ B~ok 119, Pa~c 30 in the .records of:he recorder of Hamilton County, .lnd;,,,, Also all that poaion of lots'SS, 6i~,"~'~, and 1~ which lie south offhe south right of way of lsnersutb 1-465 as said fight of way currently exisu. Also including fhe fights ofway Carrollton Avenue and C, uiIford Avenues be~,htnlng at the North ziSht of way of 96 Szreet and going north m the South right ofvay of Interstate 1-465 as k gurrendy.e~ists. Further ~,,~-~,,~linS ~e follawin~ described parcel: Ps~ ofibe Southwest Qunez of Seczion 12, Township 17 Nonlx Rm~ 3 Xas~ bxBsn~xon . County, Indian. more particularly Desaibed e ~ollows. to wit Begin at a pohzt on the South liu ce said Section 12 that is 1200.95 feet Easz of the West linc '. thered~he~cc~m~d~m~e~m~idWesx~i~e435~6f-~L.~henccX~.~andpar~e~withs~d Southline100fcetlthenc~Smalizandparall~!withnidWcsfiine435.SfeettuthesaidScrmtx linc;',k~-~West slcq said South line 100 fca to b place ctbe~mln$. The rural land area included in ~ al~ove described parcels being 20.5 Acres more or less. This acreage is only approxima~snd was not determined by field survey. COMMITMENTS CONCERNING T~F~ USE AND DEVELOPMENT OF REAL ESTATE GERSHMAN BROWN & AS SOCIATES, INC. ("Gershman Brown") and DUKE REALTY CORPORATION ("Duke"), make the following commitments ("Commitments") to the Plan Commission for the City of Cannel and Clay Township, Indiana (the "Commission"): Description of the Real Estate. The real estate is legally described on Exhibit "A" (the "Real Estate"). 2. Dock~ No. 25-01-Z. 3. Definitions. For purposes of these Commitments, the following definitions shall apply: (a) "Caliper" shall mean and refer to the diameter of the tree trunk of nursery stock measured at a point on the tree trunk which is 6 inches above the ground. (b) "DBH" shall mean and refer to diameter of the tree tnmk of a Preserved Tree measured 4.5 feet above the ground. (c) "Developer" shall mean and refer to the person or entity which develops the Real Estate. (d) "Gross Reforestation Requirement" shall mean and refer to the 420 trees comprising (i) 70 trees with a 2 inch caliper (the "2" Caliper Trees"), plus (ii) 120 trees with a 1 inch caliper (the "1" Caliper Trees"), and (iii) 230 seedlings with a one-half inch caliper (the "One-Half Inch Caliper Seedlings"). (e) "Preserved Tree" shall mean and refer to each tree located upon the Real Estate on the date of these Commitments which is intended to be preserved and survives the subsequent development of the Real Estate. "Reforestation Credit" shall mean and refer to a credit or set-off, which shall be received against the Gross Reforestation Requirement, in an mount equal to the sum of the following: (1) A credit or set-off, against the number of 1" Caliper Trees, in an amount equal to one-half of the caliper of each Preserved Tree that has a DBH of 9" to 12"; and (2) A credit or set-off, against the number of 2" Caliper Trees, in an amount equal to one-half the caliper of each Preserved Tree which has a DBH of 12" or more. (g) "Net Reforestation Requirement" shall mean and refer to the Gross Reforestation Requirement less the Reforestation Credit. Commitment. Along with the application for Final Development Plan approval, the Applicant will include a tree survey that will (i) identify and designate only Preserved Trees, (ii) calculate the Net Reforestation Requirement, and (iii) specify preservation protection methods. Upon approval of the Final Development Plan, Gershman Brown, Duke, and/or their successors or assigns, shall, at the discretion of the Cannel Department of Community Services, either (i) deliver a check to the Cannel Department of Community Services equal to the cost of acquiring the trees necessary to satisfy the Net Reforestation Requirement or (ii) arrange, at their cost, for the purchase from an approved nursery of the trees necessary to satisfy the Net Reforestation Requirement. Bindina on Successors and Assigns. After the Effective Date (defined below), these Commitments are binding upon the Developer, Gershman Brown, Duke-Weeks, and each subsequent owner of the Real Estate, and each person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. These Commitments may be modified or terminated only by a decision of the Commission made at a public hearing after notice is provided by the Rules of the Commission. Effective Date. The Commitments contained herein shall be of no force and effect until the occurrence of all of the following: (a) The acquisition of title to the Real Estate by Gershman Brown, Duke, and/or their assignee; and (b) The annexation of the Real Estate to the City of Carreel, Indiana; and (c) The assignment to the Real Estate of an initial zoning classification of PUD and the granting of all other approvals necessary to develop the Real Estate as intended by Gershman Brown and Duke; and (d) The commencement of the development of the Real Estate by the Developer, Gershman Brown, or Duke, or their assignee. Recording. The undersigned authorize the Secretary of the Commission to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon the occurrence of all of the events referred to in paragraph 6 above. Enforcement. These Commitments may be enforced by the Commission and the City of Cannel, Indiana, the Developer, and/or any owner of part or all of the Real Estate. Compliance Confirmation. The Director of the Department of Community Services of Cannel, Indiana, shall, when requested by the owner of the Keal Estate, given written assurance, in letter form, that the owner of the Real Estate has or has not complied with these Commitments. EXECUTED this ~day of '~"t~ ,2001. GERSHMAN BROWN & ASSOCIATES, INC. an Indiana corporation DUKE KEALTY CORPO N, an Indiana corporation :Danh~i. an~ · Kurt Dehner Indiana STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) OPerations Before me, a Notary Public, in and for said County and State, personally appeared '~r~,'//r ~e./s,4oali Z'~te. I/Pof Gershman Brown & Associates, Inc., an Indiana corporation, and acknowledged the e~c~f the foregoing Commitments. WITNESS my hand and Notaxial Seal this . My ~;n/~7~; Expires: Residing in/~/~t?,tt~ County, Indiana. flT-~dayof ~a~t ,2001. C~'ff~/~' 0~ Public -3- STATE OF INDIANA ) ) ss: COUNTY OF HAMILTON ) Before me, a No Public, in and for said County and State, personally appeared :~' KL>c-~ -12P-krf~C, the ~ ~ of Duke Realty Corporation, an Indiana corporation, and acknowledged the execution of the foregoing Commitments. WITNESS my hand and Notarial Seal this a '7 day of ~'L))'] ,2001. Residing in County, Indiana. ,~:';ia A. Fineberg, Notary PuNic CommiSsion Expires: March 3, EXHmIT A PAGE 1 OF I A LAND BOUNDARY DF, SCSIF~0N OF P ART OF COLLIEGE HILL SUBDIVISION SOFrH OF M6~ .ADIACENT PAKCEL TO TI-~EAST YANUAKY 17, 2001 Paxt uf tt~ S~uilwest (Ms,mr of Seaion 12, TowheMp 17 .:.. Lots 27-3.~, 70-87, and 123-130 (all inclusive) of College ~ Subdlmidou u recordrot iu plat Book 119, ~ 30 hi ~ _~___rd$ (3~ ~ ~ e/'~fnmllton Coilifo l~{m~ ~ S]l ~ .pOffiOU Of lOtS 36, ~9o ~, ~122wh~chlicsoulhoftbeSomhx~btofwayof T,"~.a~I..4~msiddl!K.of.w~yCun'culilexlsts. the Noah 45 ~ dgbt of W of 96~ S=cct, _'oe2~,~Z 2westline of Lot 27 of s~id Colleg~ ~ · -.,,:; v:...,,'. "~" Nurelcr {n~!nd{n~ {h2 fbllOWiXlg described porcch Exsmrr A PAGE 1 OF I 1/17~019:0~ AM CERTIFICATION OF CARIV[EL/CLAY PLAN COMMISSION'S RECOMMENDATION ON PETITION OF GERSHMAN BROWN & ASSOCIATES, INC. TO CHANGE THE OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TOWNSHIP PURSUANT TO INDIANA CODE 36-7-4-605 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application of Gershman Brown & Associates, Inc. (copy attached) to rezone the following real estate located in Hamilton County, Indiana, to-wit: (i) that part of the College Hills Subdivision that remains south ofi-465 (the "Southem Portion") and (ii) a residence and lot which is southeast of and adjacent to the College Hills Subdivision. That Southern Portion comprises the 35 whole lots, the 4 partial lots, and the internal streets known as Carrollton Avenue and Guilford Avenue, which exist south of the south fight-of-way of I~ 465 and north of the north right-of-way of 96th Street. The real estate comprises 20.5 acres and is more particularly described in Exhibit D attached hereto; from R-l/Residence District to a "PUD Planned Unit Development District." The Carmel/Clay Plan Commission's recommendation on the application is "FAVORABLE." At its regularly scheduled meeting of June 19, 2001, the Carreel/Clay Plan Commission voted 11 in favor, 1 opposed (Madeline Fitzgerald). Kent Broach and Pat Rice were out of the room when the vote was taken. AT ST: / a Hancock, Secretary CARMEL/CLAY PLAN COMMISSION RECEIVED DATED: June 21, 2001 JLIN 9f ?nni ,,,, CARMEL CLERK TREASURER PETITION TO CHANGE THE OffICIAL ZONING MAP INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING ORDINANCE (REZONE APPLICATION) $500 plus $25,00 per acre ~ Date: J~l~ 19 2001 Docket No.: Name of Applicant: GershmanBrown& Associates, Inc. Phone No.: (317) 574-7333 Address of Applicant:. 600 East 96a' Street, Suite 150, Indianapolis, IN 46240 Name of Owner: Address of Owner: See Exhibit "A' for Owners and Exhibit "B" for Owners' Consents Record of Ownership: Detached single family residences owned by different individuals and acquired on different dates. See Exhibit "C' - Real Property Map from Hamilton County Mapping and Transfer Legal Description (Use additional page[s] if necessary): See Exhibit "D" Common Address of Property Involved (or General Description if no Address Exists): See Exhibit "A" Proposed Zoning Change: From the R1 District to the PUD District, for the property shown outlined in red on the map attached hereto as Exhibit "C". Proposed PUD is attached as Exhibit "E" Statement of compliance with the Carreel/Clay Comprehensive Plan (use additional pages if necessary): See Exhibit "F ' Re~sedl~8~000 s:~am~clandusc~checklist~'ezonc.app AFFIDAVIT The Applicants, being duly sworn depose and say that the foregoing signatures statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of(my or our) knowledge and belief. State of Indiana ) ) SS: County or ~AO-c~\~k~c~ ) GERSHMAN BROWN & ASSO IATES INC. By: ~~ ~efore ~e t~e .ndersigned, a ~ota~ ~hlic for \~ ~- ~ (officer' s county of residence) County, State &Indiana, personally appeared -~'~fl' ffL, ~.~Ldy' (name of person) acknowledged the execution of the foregoing instrument this ~/v~ ,2001. (printed or typed) % and day of EXHIBIT "A" Schedule of Owners Property & Owner's Name Betty M. Ridgeway 9604 Guilford Ave. Indianapolis, IN 46280 Phone: 846-9523 Jess L. & Rosemarie K. Morgan 9620 Guilford Ave. indianapolis, IN 46280 Phone: 846-2288 James & Laura Voege 9605 Guilford Avenue Indianapolis, IN Indianapolis, IN 46280 Phone: 574-0912 James K. & Dawn A. Toole 9603 A Carrollton Avenue Indianapolis, IN 46280 Phone: 843-0434/844-3944 Fredrick & Lynda S. Lockerbie 9612 GuilfordAvenue Indianapolis, IN 46280 Phone: 848-7723 James & Jolie M. Hackworth 9615 Guilford Avenue Indianapolis, IN 46240 David Renshaw 9612 Carmilton Avenue indianapolis, IN Indianapolis, IN 46280 Lucille Kennedy, Trustee 9610 Guilford indianapolis, IN 46280 Phone: 846-1421 Jack A. Rickard 9608 GuilfordAvenue Indianapolis, IN 46280 Phone: 844-0605 David D. & Florence M. Walsh 9609 Carrollton Avenue Indianapolis, IN 46280 Phone: 844-9509 Napoleon & Matilda Ubertini 9606 Carrollton Avenue Indianapolis, IN 46280 Phone: 844-5787 Jayne F. Croghan 9601 Carrollton Avenue Indianapolis, IN 46280 Phone: 575-8810 Paul F. & Julie A. Vivirito 9607 Guilford Avenue Indianapolis, IN 46280 Phone: 846-3162 Gary W. & Joyce A. Hatcher 9611 Carrollton Avenue Indianapolis, IN 46280 Phone: 844-2715 Clifford & Janis K. DeLanghe 902 East 96th Street Indianapolis, IN 46280 Phone: 846-6774 Chester Bentley, Jr, Lot 88 Indianapolis, Indiana 46280 Kenneth M. & Norma R. Martin 9613 Guilford Ave. Indianapolis, IN 46280 Phone: 843-1854 Bernard J. & Ellen M. Baughman 9603 Carrollton Avenue Indianapolis, IN 46280 Phone: 846-0299 William E. & Sarah L. Legg 9605 Carmilton Avenue Indianapolis, IN 46280 Phone: 846-2536 Michael G. & Karen A. Slabaugh 9610 Carmilton Avenue Indianapolis, IN 46280 Phone: 844-2572 Charles W. & Tracy M. Mathis 9618 Carrollton Avenue Indianapolis, IN 46280 Phone: 271-5401/706-0516 Mark A. & Judith M. Miller 9614 Carrol Iton Ave. Indianapolis, IN 46280 David & Cindy Sevier 9608 Carrollton Ave. Indianapolis, IN 46280 Kathleen J. Taylor 9604 Carmilton Avenue Indianapolis, IN 46280 575-1721 (H)/844-6466(W) Dawn L. Murphy 9602 Carmilton Ave. Indianapolis, IN 46280 582-1945(H)/733-2560(W) G.B.W. LLC 770 E, 96th St. Indianapolis, IN 46280 Ralph D. & Patricia Y. Stiles 9613 Carrollton Avenue Indianapolis, IN Thomas N. & Cindee R. Essling 9607 Carrollton Ave. Indianapolis, IN 46280 Cecilia Heeg 806 East 96th St. Indianapolis, IN 46280 a43-2565(H)/735-6900(W) Ronald & Kristina Leech 9602 Guilford Ave. Indianapolis, IN 46280 580-0915 Yahia & Rocia Musa 808 E. 96th Street Indianapolis, IN 46280 581-9489 Terrence & Gloria Sue Parr 9609 Guilford Ave. Indianapolis, IN 46280 843-1508 John L. & Joanna D. Nelson 904 East 96th St. Indianapolis, IN 46280 844-2692/797-5504 Wayne Stouder 9606 Guilford Indianapolis, IN 46280 Liene Muller c/o Mrs. Skrapa 810 East 96th Street Indianapolis, IN 46280 846-5007 Alice E. Gillaspie 9603 Guilford Avenue Indianapolis, IN 46280 846-5734 Fridrich & Erna Liepins 9601 Guilford Ave. Indianapolis, IN 46280 844-8139 George Zimmerman See Exhibit C, Page 2 of 2 EXHIBIT "B" Owners' Consents In Witness Whereof, the undersigned have executed this document as of the ~/r(' day of January, 2001. 9604 Guilford Avenue Indianapolis, IN 46280 Lot 8_!2 in the College Hills Subdivision Zoning In Wimess Whereof, the undersigned have executed this document as ofthe d'/f"/V day of January, 2001. . Morgan / ~6~LGuilfordAvenue Indianapolis, IN 46280 Lot 87 in the College Hills Subdivision Zoning In Witness Whereof, the undersigned have executed this document as of the \~', day of January, 2001. Indianapolis, IN 46280 Lot 126 in the College Hills Subdivision Zoning In Witness Whereof, the undersigned have executed this document as of the of Januavf, 2001. Dawn A. Toole ~q 9603 Carrollton Avenue Indianapolis, IN 46280 Lot 75 in the College Hills Subdivision Zoning In Witness Wh~eof, the undersigned have executed this document as of the _~day of January, 2001. LynaS~.Lockerbie Fredrick Lockerhie 9612 Guilford Avenue Indianapolis, IN 46280 Lot 86 in the College Hills Subdivision Zoning In Wimess Whereof, the undersigned have executed this document as of the of January, 2001. .I61ie M. Hackworth ~Guilford Avenue Indianapolis, IN 46280 Lot 122 in the College Hills Subdivision Zoning In Witness Whereof, the undersigned have executed this doe~!ment as of the of January, 2001. y,~~ 9610 Guilford Avenue Indianapolis, IN 46280 Lot 85 in the College Hills Subdivision Zoning David D. Walsh 9609 Carrollton Avenue Indianapolis, IN 45280 Lot 72 in the College Hills Subdivision Zoning In Wimess Whereof, the undersigned have executed this document as of the/- ~' ol.. day of January, 200 I. Matilda Ubertini Na~'l~n~erti~ii" ' 9606 Carrollton Avenue Indianapolis, IN 46280 Lot 3_~1 in the College Hills Subdivision Zoning In Witness Whereof, the undersigned have executed this document as of the / ~ day of January, 2001. 9601 Carrollton Avenue Indianapolis, IN 46280 Lot 7_27 in the College Hills Subdivision Zoning In Witness Whereof, the undersigned have executed this document as of the l~ 7LiI day of January, 2001. i ~.~_ .!' "~ulie A. Vivirito pau~.~rivi~fit? 9607 Guilford Avenue Indianapolis, IN 46280 Lot 125 in the College Hills Subdivision Zoning In Witness Whereof, the undersigned have executed this document as of the . of January, 2001. Gary ~_~atcher 9611 Carrollton Avenue Indianapolis, IN 46280 Lot 71 in the College Hills Subdivision Zoning In Wimess Whereof, the undersigned have executed this document as .of the ~ 7'r~ day of January, 2001. Clifford DeLanghe 902 East 96th Stxeet Indianapolis, IN 46z280' ~t,~ '~ Lot 129 in the College Hills Subdivision Zoning In Witness Whereof, the undersigned have executed this document as of the of January, 2001. C 1 hester Bent ey, Jr. Lot 88, College Hills Subdivision Indianapolis, IN 46280 Zoning In Wimess Whereof, the undersigned have executed this document as of the ¢~ day of January, 2001. I- K6rmeth M. Martin 9613 Guilford Avenue Indianapolis, IN 46280 Lot 123 in the College Hills Subdivision Zoning In Witness Whereof, the undersigned have executed this document on the/Sd day of January, 2001. Ellen M. Baughman U 9603 Carrollton Avenue Indianapolis, IN 46280 Lot 76 in the College Hills Subdivision zoning In Wimess Whereof, the undersigned have executed this doc ent of the/o/ am as day of January, 2001. ,x.~7~. .. - Sarah L. Legg William E. Legg 9605 Carrollton Avenue Indianapolis, IN 46280 Lot 7.~4 in the College Hills Subdivision Zoning h Wimess Whereof, the undersigned have executed this document as of the ~rday of Januaxy, 2001. 9610 Carrollton Avenue Indianapolis, IN 46280 Lot 33 in the College Hills Subdivision Zoning In Witness Whereof, the undersigned have executed this document as of the __ day of January, 2001. Tracy M, har~esW Z Mathi~ 9618 Carrollton Avenue Indianapolis, IN 46280 Lot 36 in the College Hills Subdivision Zoning In Witness Whereof, the undersigned have executed this document as of the/8 7a day of January, 2001. Judith M. Miller M A Mill · er 9614 Carrollton Indianapolis, IN 46280 Lot 35 in the College Hill Subdivision zoning In Witness Whereof, the undersigned have executed this document on the J~day of January, 2001. David Sevier 9608 Carrollton Avenue Indianapolis, IN 46280 Lot 32 in the College Hills Subdivision zoning In Wimess Whereof, the undersigned have exe, euted this document on the // day of January, 2001. 9602 Carrollton Avenue Indianapolis, Indiana 46280 Lot 2_29 in the College Hills Subdivision zoning In Witness Whereof, the undersigned has executed this document on the [8/'~ day of January, 2001. GBW, LLC, an Indiana limited liability company By: C d i Corporate Attorney Property location: Property legal Description: 770 East 96th Street Indianapolis, Indiana 46280 Lots 27 and 28 of College Hills Addition Zoning application consent f:XcdfazioliXzoning application consent - gbw, IIc.d~l: 01/18/01 5:05 PM In Wimess Whereof, the undersigned have executed this document as of the of January, 2001. Patdcia Y. StileS/ ' 9613 Guilford Avenue Indianapolis, IN 46280 Lot 70 & Part of 69 in the College Hills Subdivision Zoning In Witness Whereof, the undersignedhave executed this document as ofthe of January, 2001. 9607 Guilford Avenue Indianapolis, IN 46280 Lot 73 in the College Hills Subdivision Zoning In Wimess Whereof, the undersi~ned have executed this document on the/'//~/day of January, 2001. Cecilia Heeg 806 East 96th Street Indianapolis, Indiana 46280 Lot 78 in the College Hills Subdivision zoning In Wimess Whereof, the undersigned have executed this document as of the of January, 2001. Yahia Musa 808 East 96th Street Indianapolis, IN 46280 Lot 7__9 in the College Hills Subdivision Zoning In Wimess Whereof, the undersigned have executed this document as of the .~t. day of January, 2001. Gloria Sue Parr 9609 Guilford Avenue Indianapolis, IN 46280 Lot 124 in the College Hills Subdivision Zoning In Wimess Whereof, the undersigned have executed this document on the day and year first above written. JOiLrm~. D. Nelson ,. John L. Nelson 904 East 96th Street Indianapolis, IN 46280 Lot 130 in the College Hills Subdivision zoning In Witness Whereof, the undersigned have executed this document on the day and year first above written. Wayne Stouder ~ ..... 9606 Guilford Indianapolis, Indiana 46280 Lot 83 in the College Hills Subdivision zoning In Wimess Wl,,ereof, the undersigned have executed this document on the . January, 2001. """'- dayof Liene Muller ~ 810 East 96th Street Indianapolis, IN 46280 Lot 80 in the College Hills Subdivision zoning In Witness Whereof, the undersigned have executed this document on the January, 2001. day of 9603 Guilford Indianapolis, Indiana 46280 Lot 127 in the College Hills Subdivision zoning In Witness Whereof, the undersigned have executed this docum~at as of the ~7. day of January, 2001. Ema Liepins Fridrich Liepins 9601 Guilford Avenue Indianapolis, IN 46280 Lot 128 in the College Hills Subdivision Zening