HomeMy WebLinkAboutPacket 5-16-06
MIDTOWN VILLAGE
CENTEX HOMES
CHANGE IN ZONING
CLASSIFICATION
Docket No. 06010008 Z
City of Carmel
Plan Commission - May 16,2006
Petitioner: Centex Homes
c/o Jonathan Isaacs - 915-2200
Attorney: Lawrence J. Kemper and James Shinaver
NELSON & FRANKENBERGER
3105 East 98th Street, Suite 170
Indianapolis, IN 46280
Telephone : (317) 844-0106
Engineer: Stoeppelwerth & Associates
c/o Dennis Olmstead and
Ed Fleming - 849-5935
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TABLE OF CONTENTS
1. Explanation
2. Aerial photograph
3. Conceptual Use Map
4. Conceptual Site Plan
5. PUD Ordinance with exhibits
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EXPLANATION
Centex Homes ("Centex") is the contract purchaser of approximately 18.82 acres
generally located east and west of 3rd Avenue SW, between 2nd Street SW on the north and City
Centre Drive on the south. The 18.82 acres are outlined on the aerial photograph enclosed under
Tab 2, and the real estate is currently zoned I-I Industrial.
Centex is desirous of developing the real estate for a mix of uses, including townhomes,
condominiums, apartments over retail, and luxury townhomes. The real estate will be divided
into three sub-districts, as follows:
Sub-district AI. Area Al will consist of the following: (i) approximately
10,000 square feet of one-story retail, (ii) apartment units over podium parking,
(iii) a 4,000 square foot recreation center, and (iv) approximately one hundred
fifty (150) Townhome units.
Sub-district A2. Area A2 will consist of the following: (i) a 3,000 square foot
first floor retail space and (ii) approximately ninety-two (92) condominium units
over podium parking.
Sub-district A3. Area A3 will consist of a total of seventy-five (75) Townhomes
and Luxury Townhome Units.
Centex's proposal for the site provides a mixture of commercial, retail and residential
which furthers the objectives of Carmel's Urban Design Initiative for the Central Core. In
addition, Centex's plan continues and expands the redevelopment efforts initiated by Carmel in
the City Center area, further establishing the City Center as a node of development.
Centex has appeared before the Special Studies Committee on a number of occasions and
received a unanimous favorable recommendation from the Committee. We look forward to
presenting this matter to the full Plan Commission at its May 16th meeting.
H:lbradlCentexlMain Street & 3rd Avenue (Midtown)\EXPLANATION SSC 33006.doc
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Mid Town Village Concept Master Plan
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Sponsor:
ORDINANCE NO. Z-
Midtown Village
PLANNED UNIT DEVELOPMENT
DISTRICT
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Sponsor:
ORDINANCE NO. Z-
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
Midtown Village
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 I. C. S 36-7-4-1500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
recommendation to the ordinance set forth herein ("Midtown Village
Ordinance") which establishes the Midtown Village Planned Unit Development District (the
"District"), which shall also be referred to as the "Midtown Village Ordinance."
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to IC S36-7-4-1500 et seq., it adopts this
Midtown Village 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 commitments shall be null and
void and replaced and superseded by this Midtown Village Ordinance, and (iii) this Midtown
Village Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
Section 1 Applicability of Ordinance
1.1 Zoning Map 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 Midtown Village.
1.2 Development Development in the District shall be governed entirely by (i) the
provisions of this Midtown. Village Ordinance and its exhibits, and (ii) those
provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this
Midtown Village Ordinance. In the event of a conflict between this Midtown
Village Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance,
the provisions of this Midtown Village Ordinance shall apply.
1.3 Capitalized Terms Any capitalized term not defined herein shall have the
meaning as set forth in the Carmel/Clay Zoning Ordinance in effect on the date of
the enactment of this Midtown Village Ordinance.
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1.4 Midtown Village/District Map Development in the District shall be subject to the
development and design 'standards applicable to the areas identified as Areas A I,
A2 and A3 on the Midtown Village District Map ("District Map") which is
attached hereto as Exhibit "B".
Section 2 Permitted Uses and Development Requirements for Area 1
All new construction, alterations and additions to buildings within Area Al shall be in
accordance with the following guidelines:
2.1 Permitted Uses. The uses set forth on Exhibit "C" attached hereto are permitted
in Area AI. Retail and office uses shall only be allowed on the first floor of a
building.
2.2 Maximum Retail/Office Space. The maximum aggregate square footage of
leasable space used for office and/or retail uses shall not exceed ten thousand
(10,000.00) square feet.
2.3 Maximum Number of Residential Units. The maximum aggregate number of
Residential Units shall not exceed one hundred fifty (150.00) units.
2.4 Height and Area Requirements - Townhome Buildings
2.4(a) The maximum Building Height is forty-five (45) feet.
2.4(b) There are no minimum front yard Set Backs.
2.4(c) There are no minimum side yard Set Backs.
2.4(d) The minimum perimeter yard width is fifteen (15) feet.
2.4(e) The minimum building distance between Buildings, measured from the
exterior face of the foundation, shall be ten (10) feet. .~
~ The minimum square footage of living space for an individual Townhome
unit shall be one. thousand eight hundred (1,800) square feet, exclusive of any
garages. .
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2.5 Townhome Building rendering and elevations: Attached hereto and incorporated
herein by reference as Exhibit "D" is a conceptual building image of the types of
Townhome Buildings that may be constructed in Area AI. All Townhome
Buildingsc~.llstruc~ed in Area Al upon the Real Estate shall include
fifty.percent (50%) of the front and side building elevations, excluding but not
limited to, doors, soffits, trim, windows, gables and roofs. Secondary building
materials shall include, but not be limited to, fiber cement-board or the equivalent
thereof. Pitched roofs shall be an 8 to 12 pitch, but flat roofs and metal seam
roofs are also permitted. The rooflines shall include gables and cornices where
appropriate. The final development of the Townhome Buildings depicted on
Exhibit "D" are conceptual and shall be subject to the ADLS process.
2.6 Height and Area Requirements - Mixed Use Buildings
2.6(a) The maximum Building Height is fifty-eight (58) feet.
2.6(b) There are no minimum front yard Set Backs.
2.6(c) There are no minimum side yard Set Backs.
2.6(d) The minimum perimeter yard width is fifteen (15) feet.
2.6(e) The minimum building distance between Buildings, measured from the
exterior face of the foundation, shall be ten (10) feet.
2.6(1) The minimum square footage of living space for an individual Residential
Unit shall be one Seven Hundred fifty (750) square feet, exclusive of any garages.
2.6(g) The maximum square footage of individual tenant space for a retail use
shall be 5,000 square feet
2.6(h) The maximum square footage of individual tenant space for office use
shall be 10,000 square feet.
2.7 Mixed Use Building rendering and elevations: Attached hereto and incorporated
herein by reference as Exhibit "E" is ~a conceptual building image of the type of
Mixed Use Buildings that may be constructed upon the Real Estate. Architectural
and design elements on all Buildings shall be coordinated and should contain
common elements. The final development of the Mixed Use Building depicted on
Exhibit "E" and located in the Multi Family Mixed Use Area of the Conceptual
Plan shall be subject to the ADLS process.
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Section 3 Permitted Uses and Development Requirements for Area A2
All new construction, alterations and additions to buildings for Area A2 shall be in
accordance with the following guidelines:
3.1 Permitted Uses. The uses set forth on Exhibit "C" attached hereto are permitted
in the Area A2. Retail and office uses shall only be allowed on the first floor of a
building.
3.2 Maximum Retail/Office Space. The maximum aggregate square footage of
leasable space used for office and/or retail uses! shall not exceed three thousand
(3,000.00) square feet.
3.3 Maximum Number of Residential Units. The maximum aggregate number of
Residential Units shall not exceed nine-two (92) units.
3.4 Height and Area Requirements - Condominium Buildings
3.4(a) The maximum ]3uilding Height is seventy (70) feet.
3 .4(b) There are no minimum front yard Set Backs.
3.4(c) There are no minimum side yard Set Backs.
3.4( d) The minimum perimeter yard width is fifteen (15) feet.
3.4( e) The minimum building distance between Buildings, measured from the
exterior face of the foundation, shall be ten (10) feet.
3.4(f) The minimum square footage of living space for an individual Residential
Unit shall be Seven Hundred Fifty (750) square feet, exclusive of any garages.
Condominium Building Rendering and Elevations: Attached hereto and incorporated herein by
reference as Exhibits "Fl and F2" is a conceptual "building image of the type of Condominium
Buildings that may be constructed upon the Real Estate. Architectural and design elements on all
Buildings shall be coordinated and should contain common elements. The final development of
the Condominium Building depicted on Exhibits 40Ft and F2" and located on the Conceptual
Plan shall be subject to the ADLS process; however, if the elevations filed in connection with
any subsequent ADLS/DP approval are substantially similar to Exhibits Fl and F2, said
ADLS/DP approval shall be considered warranted.
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Section 4 Permitted Uses and Development Requirements for Area A3
All new construction, alterations and additions to buildings within the Area A3 shall be
in accordance with the following guidelines:
4.1 Permitted Uses. The uses permitted in Area A3 are Townhomes.
4.2 Maximum Number of Residential Units. The maximum aggregate number of
Residential Units shall not exceed Seventy Five (75.00} units.
4.3 Height and Area Requirements - Townhome Buildings and Luxury Townhome
Buildings
4.3(a) The maximum Building Height is forty-five (45) feet.
4.3(b) There are no minimum front yard Set Backs.
4.3( c) There are no minimum side yard Set Backs.
4.3( d) The minimum perimeter yard width is fifteen (15) feet.
4.3( e) The minimum building distance between Buildings, measured from the
exterior face of the foundation, shall be ten (10) feet.
1J..(fL The minimum square footage of living space for an individual Townhome
unit shall be one thousand eight hundred (1,800) square feet, exclusive of
any garages.
4.4 Luxury Townhome. Building rendering and elevations: Attached hereto and
incorporated herein by reference as Exhibit "G" is a conceptual building image of
the types of Luxury Townhome Buildings that may be constructed upon the
Townhome Area of the Real Estate. All Luxury Townhome Buildings
constructed upon the Real Estate shall include Masonry on of
the front and side building elevations, excluding but not limited to, doors, soffits,
trim, windows, gable~~~S()9~~'~~.~9ndary building materials shall include, but
not be limited to, Fi1?erc~J:J1~ntBlioarg or the equivalent thereof. Pitched roofs
shall be an 8 to 12 pitch, but flat roofs and metal seam roofs are also permitted.
The rooflines shall include gables and cornices where appropriate. The final
development of the Luxury Townhome Buildings depicted on Exhibit "H" and
located in the Townhome Area of the Conceptual Plan shall be subject to the
ADLS process.
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4.5 Townhome Building rendering and elevations: Attached hereto and incorporated
herein by reference as Exhibit "D" is a conceptual building image of the types of
Townhome Buildings that may be constructed upon the Real Estate. All
Townhome Buildings constructed upon the Rear Estate shall include Masonry on
fifty percent (50%) of the front and side building elevations, excluding but not
limited to, doors, soffits, trim, windows, gables and roofs. Secondary building
materials shall include, but not be limited to, Fiber cement-board or the equivalent
thereof. Pitched roofs shall be an 8 to 12 pitch, but flat roofs and metal seam
roofs are also permitted. The rooflines shall include gables and cornices where
appropriate. The final development of the Townhome Buildings depicted on
Exhibit "D" and located on the Real Estate shall be subject to the ADLS process.
Section 5 Parkine Requirements
5.1 Parking Requirements. - Townhome Buildings and Luxury Townhome
Buildings
~ Each Townhome shall contain a total of four (4) parking spaces per
Residential Unit, consisting of (i) a two (2) car garage for each unit that
can accommodate two (2) cars in the garage and (ii) a driveway for each
unit that shall be able to accommodate two (2) parked cars on the
driveway. In addition, guest parking shall be provided on the site by
means such as, including but not limited to on-street parking spaces, land
banked parking spaces and shared parking.
5.2 Parking Requirements. - Mixed Use or Condominium Buildings
5.2(a) Parking for Residential Units shall be located in an enclosed garage on the
first floor of the building, and there shall exist one and a quarter (1 1/4)
parking spaces per Residential Unit.
5.2(b) At least one (I) parking space shall be provided for every three (300)
square feet of leasable floor area used for commercial or office space
contained in the Mixed Use Building or Condominium Building, which
shall include, but not be limited to, on-street parking, shared parking and
land banked parking spaces.
5 .2( c) Unenclosed parking lots shall generally be located at the rear or at the
side of buildings and shall be screened from the sidewalk/street by low
walls, fences or hedges.
5.2(d) In parking areas designed to accommodate more than fours (4) rows of
vehicles, a landscaped, separated pedestrian pathway. shall be provided
for safe access through the parking area to the front door.
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5.2(e) Bicycle parking shall be provided in accordance with the requirements of
the proposed revisions to Section 27.06 - Bicycle Parking, of the City
Zoning Ordinance.
Section 6 Landscapin2 Requirements
6.1 Planting Standards. Landscaping installed pursuant to ANZI 60.1 Standards and
shall be integrated with other functional and ornamental site design elements,
where appropriate, such as hardscape materials, paths, sidewalks, or any water
features. Deciduous trees planted to satisfy the landscaping requirements of this
Ordinance shall have at least a two and one~half inch (2-1/2") Caliper at the time
of planting, unless otherwise specified herein or otherwise indicated on any
conceptual landscape plan, submitted in connection with the ADLS process.
Evergreen trees shall be a minimum of six feet (6') in height at the time of
planting. Shrubs shall be eighteen (18) inches 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.
6.2 Maintenance. It shall be the responsibility of the owners and their agents to
insure proper maintenance of project landscaping approved in accordance with
this Midtown _ Village 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.
6.3 Building Base Landscaping - Townhomes. The building base landscaping
adjacent to the front elevation of each Townhome unit shall include a minimum of
three (3) shrubs and said shrubs shall be a minimum of eighteen (18) inches at the
time of planting. Additionally, one (1) shade tree, 2 Y2 inch caliper at the time of
planting, shall be~IGUlted for. ey:ryJwo(2}UIlits(9rone (l)tree every fifty (50)
feet) ~dshallbepl~te<fbetween.tlie building~d the. sidewalk. 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.
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6.4
6.5
6.6
Building Base Landscaping Mixed Use or Condominium Building - The building
base landscaping adjacent to the front elevation of each Mixed Use Building or
S?~d?miniu~ Building shall include a ~i.ni~WD;fQ(one{l)'shnib fOFevery
Fi,:t'teyn:i€15JJ'e~t of lineal building frontage and said shrubs shall be a minimum of
eighteen (18) inches at the time of planting. Additionally, one shade tree, 2 Y2
inch caliper at the time of planting, shall be planted every feet of lineal
building frontage for each Mixed Use Building or Condominium Building and
shall be planted between the building and the sidewalk. 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.
Street Trees. Shade trees shall be planted along all streets within the right-of-
way, parallel to the street and said street shade trees shall be 2 Y2 inches caliper at
the time of planting, and shall be installed per City standards. One (1) street
shade tree shall be planted every feet along said streets and if adequate
space does not exist, said street shade trees shall be planted elsewhere on the Real
Estate. Further, no street shade trees shall be planted in conflict with any storm
sewer or other utilities and/or underground detention.
Perimeter Planting and Bufferyard Requirements -
6.6(a) Perimeter Planting and Buffervard Requirements Applicable to Area 1,
Area 2 and Area 3 - The following standards shall apply:
o Fencing - Fencing along the perimeter bufferyard shall be permitted and if
utilized shall not exceed six (6) feet in height and it shall be constructed of
wood, masonry and/or stone.
ii) Encroachments - Accessory buildings may encroach within a landscape
bufferyard up to five (5) feet.
iii) Types of Plantings - Plantings within landscape buffers shall consist
primarily of shade trees and shrubbery, however, wherever possible,
existing vegetation within buffer yards should be preserved.
iv) Time of Planting Bufferyards - Bufferyards shall be planted at the time of
construction of buildings. Shrubbery may be planted informally or in
rows and shall screen parking areas, outside of storage areas loading
berths, trash and refuse containers and so forth from abutting residential.
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6.6(b) Area 1 Buffervard - Perimeter Planting and Bufferyard Requirements -
The Area Al Bufferyard is located along the perimeter of certain sections
of Area Al as depicted on Exhibit "H" which is l;lttached hereto. The Area
Al Bufferyard shall be approximately fifteen (15) feet in width and run
parallel to the perimeter area along certain sections of Area A 1. Within
the Area Al Bufferyard, the following perimeter and bufferyard plantings
shall be required:
(i) ShadeTrees - Six (6) trees per one hundred (100) lineal feet along the
buffer y~rd
(ii)
6.6( c) Area A2 & A3 Bufferyard - Perimeter Planting and Bufferyard
Requirements -
1. Monon Trail Buffervard Area - The Monon Trail Bufferyard is located
along the eastern property line of the Area A2 and A3 and is depicted on
Exhibit "H" which is attached hereto. The Monon Trail Bufferyard shall
be approximately five (5) feet in width and run in a north to south
direction along the eastern property line of Area A2 and Area A3 that are
adjacent to the Monon Trail. Within the Monon Trail Bufferyard, the
following perimeter bufferyard plantings shall be required:
(i) ShadeTrees- ShadetreesshalIbeplanted on average ofolle
(1). tree per seventy-five (75)feet
2. Northern Buffervard Area A2 - The area depicted on Exhibit "H" attached
hereto and generally located adjacent to the northern property line of Area
A2 and running in a east/west direction that shall serve as a perimeter
bufferY3!~3!ea. The Northern Bufferyard Area 2 shall be approximately
ten (l:~)\f~~! in width and run parallel to the Northern Bufferyard Area 2.
Within the Northern Bufferyard Area 2, the following perimeter and
bufferyard plantings shall be required:
(i) ShadeTrees,,-Shadetreesshaffbeplanted on averageo!' one
(1}tree per seVenty-five (75)feet
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(ii)
3. Southern Buffervard Area A3 - The area depicted on Exhibit "H"
attached hereto and generally located adjacent to the southern property
line of Area A3 running in an east/west direction. The Southern
Bufferyard Area 3' shall be approximately 10 feet in width and run parallel
to the Southern Bufferyard Area 3. Within the Southern Bufferyard Area
3, the following perimeter and bufferyard plantings shall be required:
(i) ShadeTrees- Shade trees shall be planted on average of one
(1) tree per seventy-five (75) feet
(ii)
6.7 Parking Lot Landscaping
6.7(a) Interior Landscaping A minimum of one (1) shade tree and five (5) shrubs
shall be planted within each parking lot for every ten (10) spaces provided.
Planting areas shall be evenly dispersed throughout the parking area.
6.7(b) Parking Lot Perimeter Parking A five (5) foot wide perimeter planting
strip shall be provided along all sides of which abut adjoining properties.
(i) The minimum required planting unit for this area shall
include: Three (3) shade trees and twenty (20) shrubs per
100 linear feet
(ii) The perimeter planting area may contribute to or fulfill
bufferyard planting requirements.
6.7(c) Pedestrian Corridors ~ For any pedestrian corridors, where adequate and
sufficient space exists, shrubs and ground cover shall be planted.
6.8 3rd Avenue Boulevard Plantings - The area depicted on Exhibit "H" attached
hereto and generally within the proposed median, which median shall be
approximately six (6) feet in width, and which will run in a north to south
direction between Area Al and Areas A2 and A3, shall serve as a planting area.
Within the 3rd Avenue Boulevard planting area, the following plantings shall be
required:
a)
feet
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Section 7 Boundaries of Area AI, Area A2, and Area A3
The perimeter boundary lines for Area AI, Area A2 and Area A3 may be shifted by a
maximum of fifteen (15) feet to facilitate site design and engineering considerations.
Section 8 Accessory Buildin2s and Uses
All Accessory Structures and Accessory Uses shall be permitted except that any detached
accessory building shown in any development plan shall have on all sides the same
architectural features or shall be architecturally compatible with the principal building(s)
with which it is associated.
Section 9 Plattin2
The platting of the Real Estate into smaller tracts shall be permitted administratively, so
long as the proposed plat complies with the area requirements set forth herein, and the
creation of a new property line within the Real Estate shall not impose or establish new
development standards beyond those specified above, for the entirety of the Real Estate.
However, the development of any parcel shall conform to the requirements of Section 15
below, and all other applicable requirements contained in this Midtown Village
Ordinance.
Section 10 Li2htin2 Requirements
10.1 Lighting Requirements
10.1 (a) Each Townhome shall have a minimum of one (1) light on the front of
each unit. If only one (1) light is used, then it shall be located near the
front door. A second light may be located above or near the garage door,
if applicable, and all light position(s) shall be consistent and/or
complimentary among all units.
10.1 (b) Each T ownhome shall have a minimum of one (1) light fixture on the rear
of each unit, however the light position(s) shall be consistent and/or
complimentary among all units.
10.1(c) Street lighting shall be provided as part of all projects, on both sides of the
street when possible, and spaced no less than one hundred (100) feet apart,
and of a design per the adopted City style.
lO.1(d)All exterior architectural, display, decorative and sign lighting shall be
generated from concealed, low level fixtures.
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lO.1(e) The maximum height oflight standards in parking areas shall not exceed
the building height, or twenty (20) feet, whichever is less. When light
standards abut or fall within ninety (90) feet of single family residential,
their height shall not exceed fifteen (15) feet.
10.1(f) Parking area lighting and street lighting shall be of uniform design and
materials.
10.1 (g) Exterior lighting shall be architecturally integrated with the building style,
material and color. Rooftop lighting shall be prohibited.
10.1 (h) Exterior lighting of the building or site shall be designed so that light is
not directed off the site and the light source is shielded from direct offsite
viewing. For any use, illumination levels shall not exceed 0.5 footcandle at
the property line.
Section 11 Si2ns and Entry Way Wall
11.1 Ground Signs and Entry Wall.
11.1 (a)~: At the northern and southern entrance to the development, adjacent
to 3rd Avenue; one (1) Ground/Entryway Sign shall be permitted per
entrance. Either sign may be accompanied by a masonry wall not to
exceed six (6) feet in height and fifteen (15) feet in length. The building
materials and design for any Ground/Entryway signs should be compatible
and consistent with the building materials and design of the adjacent
buildings and structures.
11.1(b) Maximum Sign Area: Thirty (30) square feet each.
11.1 (c) Illumination of Sign: External.
11.1 (d) Sign Permit: Required.
11.1(e) Fees: Required.
Section 12 Office/Retail Area of Mixed Use Buildin2s
12.1 Storefronts.
12.1(a) Storefronts may be internally illuminated with spot or other lighting, so
as to display prominently and attractively the business or its products.
Exterior lighting may be affixed to the building. Any glass incorporated
into storefronts for first-floor spaces with retail uses shall be transparent
so as to allow views into and out of the spaces.
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12.2 Permanent Signs, Awnings and Murals.
12.2( a) Ground Floor occupants shall be allowed a total of one and a half (1-
1/2) square feet of sign for each linear foot of street frontage.
12.2(b) Building signs shall fit within the horizontal and vertical elements of
the ground floor of the building, and may not obscure details of the
ground floor of the building.
12.2(c) Signs may be perpendicular or flat-mounted, including separately
mounted letters. Perpendicular signs shall not extend more than five (5)
feet from the face of the building.
12.2(d) No sign may extend beyond the ground floor of the building.
12.2( e) Allowable signs may also be painted in graphics in storefront windows,
provided that such signs do not exceed thirty percent (30%) of the total
window pane. Signs may also be imprinted on awnings. Signs may also
be painted on the sides of buildings. All such signs will be included in
the calculations for maximum sign area.
12.2(f) Retractable or fixed fabric awnings are allowed but shall only be
supported with building-mounted hardware.
12.2(g)The building materials and design for any Ground/Entryway signs
should be compatible and consistent with the building materials and
design of the adjacent buildings and structures
Section 13 Mechanical Equipment
Any mechanical equipment visible from an adjoining public street shall be screened
with suitable landscaping or fencing in general architectural compatibility with the
building(s) with which it is associated. Fencing materials may include brick, stone and
other attractive masonry screening materials. To the extent practicable, mechanical
equipment should be placed on the roof and screened by the parapet.
Section 14 Homeowners Association and Declaration of Covenants
The Developer shall prepare and record a Declaration of Covenants which shall also
contain various provisions regarding certain portions of the Real Estate occupied by
Townhomes or Condominiums 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 for certain portions of the Real Estate occupied by Townhomes or
Condominiums in which membership shall be mandatory.
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Section 15 Approval Process
15.1 Approval or Denial of the Primary Plat/Development Plan.
15.1(a) Exhibit "I", 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 Midtown Village Ordinance. Midtown
Village shall require further (i) ADLS approval and (ii) development
plan/primary plat approval. The Secondary Plat and Final Development
Plan approval procedures are set forth below in this Section 15. 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.
15.1 (b) The Director shall have the sole and exclusive authority to approve
without conditions, approve with conditions, or disapprove the Secondary
Plat (the "SP") and the Final Development Plan ("FDP") 'for the Midtown
Village Ordinance; provided, however, that the Director shall not
unreasonably withhold or delay the Director's approval of the SP and/or
FDP that is in substantial conformance with the development plan/primary
plat and is in conformance with the Development Requirements and
Development Standards of this Midtown Village Ordinance. If the
Director disapproves any SP or FDP, the Director shall set forth in writing
the basis for the disapproval and schedule the request for approval of the
SP and FDP for a hearing before the full Plan Commission.
15.1(c)An amendment to the SP or FDP, which is not determined by the Director
to be a Substantial Alternation or Material Alteration from the approved
development plan/primary plat, may be reviewed and approved solely by
the Director. However, in the event the Director determines that there has
been a Substantial Alteration or Material Alteration between the approved
development plan/primary plat and any proposed SP or FDP, the Director
may, at the Director's discretion, refer the amended SP or FDP to the
Commission, or a Committee thereof, for review and approval by the
Commission and/or a Committee thereof.
15.1(d)The SP and FDP shall be a specific plan for the development of all or a
portion of the Real Estate that is submitted for approval to the Director,
which shall include reasonable detail regarding the facility and structures
to be constructed, as well as drainage, erosion control, utilities, and
building information.
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Section 16 Definitions and Rules of Construction
16.1 General Rules of Construction. The following general rules of construction and
definitions shall apply to the regulations of this Ordinance:
16.1 (a) The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
16.1(b) Words used in the present tense include the past and future tenses, and the
future the present.
16.1 ( c) The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word "should" is a preferred requirement.
16.2 Definitions
A. ADLS: Architecture, design, lighting, landscaping and signage.
B. Accessory Structure: A.structure subordinate to a building or use located
on the Real Estate which is not used for permanent human occupancy.
C. 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.
D. Additional Real Estate: Shall mean that real estate, or any part thereof,
bounded by Second Street SW, the Monon Trail, City Center Drive, and
3rd Ave. SW which is not currently located within the Real Estate.
E. Apartment. A Dwelling intended primarily for rental.
F. Area Al Buffervard - The area depicted on Exhibit "H" attached hereto
and generally located along certain sections of the perimeter of Area Al
that shall serve as a perimeter bufferyard area
G. Building Height: The vertical distance from the lot ground level to the
highest point of the roof for a flat roof, to the deck line of a mansard roof
and the mean height between eaves and ridges for gable, hip and gambrel
roofs.
H. City: The City of Carmel, Indiana.
I. Commission: The Carmel/Clay Plan Commission.
J. Condominiums - A residential living unit or units as defined in and
governed by the Indiana Code, Sections. 32-25-1-1 to 32-25-9-2,
inclusive.
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K. Conceptual Plan. A general plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and
structures. This plan generally shows landscape areas, parking areas, site
access, drainage features, and building locations and is depicted on Exhibit
"I", which is attached hereto and incorporated herein by reference.
L. Council: The City Council of the City of Carmel, Indiana.
M. County: Hamilton County, Indiana.
N. Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time,
be amended.
O. Development Requirements. Development standards and any
requirements specified in this Midtown Village Ordinance which must be
satisfied in connection with the approval of a Secondary Plat or Final
Development Plan.
P. Developer. Centex Homes, and its successors and assigns.
Q. Director: Director, or Administrator, of the Department of Community
Services for the City of Carmel, Indiana. "Director" and "Administrator"
shall include hislher authorized representatives.
R. Dwelling. A room or combination of rooms designed for year-round
c habitation, containing a bathroom and kitchen facilities, and designed for
or used as a permanent residence by at least one person, which includes a
Townhome, Condominium and Apartment.
S. Final Development Plan. A specific plan for the development of the Real
Estate that is submitted for approval showing proposed facilities,
buildings, and structures. This plan review includes landscaping,
parking, drainage, signage, lighting and building information for the site.
T. Homeowners Association: A nonprofit corporation established for the
promotion of the health, safety and welfare of the residents of Midtown
Village, and to manage, maintain, and repair the common areas within the
Real Estate and any improvements located thereon.
U. Luxury Townhome Building. A structure containing attached dwellings,
as further illustrated by what is attached hereto and incorporated herein .
by reference as Exhibit "G".
V. Masonry: Masonry shall include brick, stone and/or stucco.
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W. Material Alteration: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
X. Minor Alteration: Any change to an approved plan of any type that
involves the revision ofless than ten percent (10%) of the plan's total area
or approved materials.
y. Mixed Use Building. The combination of (i) office or commercial and (ii)
residential uses within a single building of two or more stories, and the
conceptual architecture is depicted on Exhibit "E".
Z. Monon Trail Bufferyard - The area depicted on Exhibit "H" attached
hereto and generally located adjacent to the eastern property line of Area
A2 and Area A3 and the Monon Trail running in a north/south direction
that shall serve as a perimeter bufferyard.
AA. Condominium Building - The combination of (i) office or commercial and
(ii) residential uses such as Condominiums and/or Townhomes and the
architecture is conceptually depicted on Exhibits "F1" and "F2".
BB. Northern Bufferyard Area A2 - The area depicted on Exhibit "H" attached
hereto and generally located adjacent to the northern property line of Area
A2 and running in a: east/west direction that shall serve as a perimeter
bufferyard area.
CC. Parcel Coverage: 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.
DD. Real Estate. The Real Estate shall mean and refer to all of the Real Estate.
described in Exhibit "A".
EE. Residential Building. A building containing exclusively residential uses
within a single building of two or more stories
FF. Residential Unit. A single Dwelling, including a Townhome, Apartment,
and Condominium.
GG. Right-of-Way: An area ofland permanently dedicated to provide light, air
and access.
HH. Secondary Plat. A specific plan for the development of the Real Estate
that'is submitted for approval showing proposed facilities, buildings, and
structures. This plan review includes general landscaping, parking,
drainage, erosion control, signage, lighting, screening and building
information for the site.
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II. Set Back: The least measured distance between a building or structure,
excluding, however, porches, patios, and the perimeter boundary of the
Real Estate. For purposes of deterlnining Set .Back, the perimeter
boundary of the Real Estate (i) shall always mean and refer to the outside
perimeter boundary line of the Real Estate and (ii) shall not be changed or
reduced by reason of the platting or subdivision of the Real Estate into
smaller parcels.
JJ. Sign: Any type of sign as further defined and regulated by this Ordinance
and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as
amended.
KK. Southern Bufferyard Area A3 - The area depicted on Exhibit "H" attached
hereto and generally located adjacent to the southern property line of Area
A3 running in an east/west direction.
LL. Substantial Alteration: Any change to an approved plan of any type that
involves the revision often percent (10%) or more ofth~ plan's total area
or approved materials; however, the ten percent (10%) revision calculation
shall be not be calculated and/or based on a continuing basis.
MM. 3rd Avenue Boulevard Planting - The area depicted on Exhibit "H"
attached hereto and generally located adjacent to each side of 3rd Avenue
between Area A I and Areas A2 and A3 running in a north/south direction
that shall serve as a planting area.
NN. Townhome: An attached dwelling intended for occupancy by a single
family.
00. Townhome Building: A structure containing attached dwellings, as
further conceptually illustrated by what is attached hereto and
incorporated herein by reference as Exhibit "D".
PP. Trim: Soffits, architraves, wood reveals, and casement around doors and
windows.
Section 17 Annexation of Additional Real Estate.
In the event the Developer. acquires Additional Real Estate, the Developer may request
that the text of this Midtown Village Ordinance be amended to annex and include such
Additional Real Estate. After approval by the Council of the text amendment annexing
such Additional Real Estate to the Midtown Village Ordinance, such Additional Real
Estate shall be part of and subject to the provisions of this Midtown Village Ordinance.
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Section 18 Violations
All violations of this Midtown Village Ordinance shall be subject to Section 34.0 of the
Carmel/Clay Zoning Ordinance.
PASSED by the Common Council of the City of Carmel, Indiana this _ day of
, 2006, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
Richard L. Sharp, President Pro Tempore
Brian D. Mayo
Fredrick J. Glaser
Mark Rattermann
Joseph C. Griffiths
Ronald E. Carter
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana the _ day of
, 2006, at 0' clock .M.
Diana L. Cordray, IAMC, Clerk Treasurer
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Approved by me, Mayor of the City of Carmel, Indiana, this
, 2006, at 0' clock .M.
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ATTEST:
James Brainard, Mayor
Diana L. Cordray, IAMC, Clerk Treasurer
This Instrument prepared by: Lawrence J. Kemper and James E. Shinaver
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
This Instrument reviewed by: Jonathan Isaacs
Centex Homes
8440 Allison Pointe Boulevard, Suite 200
Indianapolis, IN 46250
H:lbradICentex\Main Street & 3rd Avenue (Midtown)VI mid town PUD Draft 033006.doc
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EXHIBIT "A"
Legal Description
TRACT "A" - Corporate Warranty Deed - Deed Record 311, Page 559
A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, Hamilton
County, Indiana, more particularly described as follows: Commencing at the Northeast corner of
the West half of said Southeast Quarter Section; running thence South 00 18 ' West along the East
line of said Y2 '!4 Section and alongthe East line of 4th Avenue S.W., in the Town of Carmel:
Thence North 890 09' East and along the South line of 2nd Street S. W.: Thence South 00 41' 30"
West and along said West line 592.70 feet to the beginning point of this description, said point
being the intersection of the West line of3rd Avenue S.W. and the South line ofadedicated
Street: running thence South 00 41' 30" West and along the West line of3rd Avenue 108.90 feet:
Thence North 89048' West 267.20 feet: Thence North 00 10' east 105.15 feet to the South line
of a dedicated Street: Thence North 890 24' East 268.21 feet to the point of beginning containing
0.657 acres more or less.
ALSO:
TRACT "B" - Warranty Deed - Deed Record 295, Page 704
The following described real estate located in Hamilton County, Indiana:
A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, described as
follows: Begin at a point 1466.7 feet west and 1109.0 feet North of the Southwest corner of the
Southeast Quarter of Section 25, Township 18 North, Range 3 East, run thence north on and
along a fence line being parallel with the east line of said Southeast Quarter 100.0 feet to an iron
stake, thence southeasterly 267.2 feet to a corner post and iron stake, thence southwesterly on
and along a fence line 100.0 feet to a point, said point being 266.0 feet east of the place of
beginning, thence west parallel with the North line ofthis plot to the place of beginning.
Containing 0.61 acres more or less.
TRACT "C" -Warranty Deed - Deed Record 295, Page 704
The following described real estate located in Hamilton County, Indiana:
A part of the Southeast quarter of Section 25, Township 18 North, Range 3 East, described as
follows: Begin at an iron stake 1466.7 feet West and 709.0 feet North of the Southeast corner of
the Southeast quarter of Section 25, Township 18 North, Range 3 East, run thence north on and
along a fence line 400.00 feet to a point, said point being 266.0 feet west ofthe west line of 3rd
Avenue Southwest in the Town of Carmel, Indiana, thence east 266.0 feet toa point on the west
line of said 3 rd A venue Southwest; thence southerly on and along the west line of said 3 rd A venue
Southwest, 400.0 feet to a point, said point being on a line 704.4 feet north of the south line of
said Quarter Section, thence west 261.0 feet to the place of beginning. Containing 2.43 acres,
more or less.
TRACT "D" - Warranty Deed - Deed Record 312, Page 254
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A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, described as
follows:
Begin at an iron stake on the East line of North and South Street in the Town of Carmel, Indiana,
this point being 1343.44 feet South and 166.2 measured (162.2 feet Deed) East of the Northwest
comer of the East half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East,
thence East parallel with South line of South Street, 326.0 feet to a point, said point being 18.6
feet West of the West right of way line of the Monon Railroad, thence South parallel with East
line of North and South Street, 100.0 feet to an iron stake, thence West parallel to the North line
of tract, 326.0 feet to a point on the intersection with the East line of said North and South Street;
thence 100.0 feet North along with the East line of said Street to the place of beginning, in Clay
Township, Hamilton County, Indiana, containing 0.75 acres, more or less.
TRACT "E" - Warranty Deed - Deed Record 312, Page 254
A part of the Southeast Quarter ofSection25, Township 18 North, Range 3 East, described as
follows:
Beginning at an iron stake 1443.44 feet sough and 165.5 feet East of the Northwest comer of the
East half ofthe Southeast Quarter of Section 25, Township 18 North, Range 3 East, said point
being on the East line of 3 rd Avenue Southwest in Carmel, Indiana; thence East 347.5 feet
(347.14 feet by measurement) to a point in the West line of the right of way of the Monon
Railroad; thence Southerly on and along the West line of the Monon Railroad right of way a
distance of247.7 feet; thence West parallel with the North line of this property a distance of
354.4 feet (353.42 feet by measurement), more or less to an iron stake on the East line of said 3rd
Avenue Southwest); thence Northerly on said East line of said 3rd Avenue Southwest; thence
Northerly on said East line of said 3rd Avenue 247.7 feet to the place of beginning.
EXCEPT: Twenty-six (26) feet by parallel lines offthe East side thereof being the twenty-six
(26) feet conveyed to Monon Railroad by Warranty Deed dated August 13, 1959, recorded
August 28, 1959 in Book 161, page 529, in the office of the Recorder of Hamilton County,
Indiana. Parcel II herein conveyed contains 1.85 acres more or less.
TRACT "F" - Quitclaim Deed - Instrument Number 1998-66931
Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, described as
follows:
Begin at an iron stake 1691.14 feet South and 161.78 feet East of the Northwest comer of the
East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, said point
being the Southwest comer of Plat 3 of the Canada Dry Corporation property and the East line of
3rd Avenue S.W.: thence East on and along the South line of the Canada Dry Corporation
property 341.5 feet to a point, said point being 53.0 feet West of the center oOheC.I. & L.R.R.
Main track, thence Southeasterly on and along a line 53.0 feet West of the center of the Main
trace, 254.0 feet to a point; said point being 590.2 feet North of the South line of said Southeast
Quarter; thence West parallel with the North line of this Tract 349.0 feet to a point on the East
line of3rd Avenue, S.W.; thence North on and along the East line of said 3rd Avenue, 254.0 feet
to the place of beginning.
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TRACT "G" - Quitclaim Deed - Instrument Number 1998-66931
Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton
County, Indiana, described as follows:
Begin at an iron stake 1945.14 feet South and 158.7 feet East of the Northwest comer of the East
Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, said point being
on the East line of 3rd Avenue Southwest, thence East 349.0 feet to a point, said point being 53.0
feet West of the center of C.!. & L.R.R. Main track; thence Southeasterly on and along a line
53.0 feet West ofthe center of the said Main track, 95.3 feet to a point, said point being 594.0
feet North of the South line of said Southeast Quarter; thence Westerly on and along a fence line
351.8 feet to a iron stake on the East line of 3 rd A venue Southwest; thence North on and along
the East line of said 3rd Avenue, 99.3 feet to the place of beginning.
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Corporate Warranty Deed - Deed Record 311, Page 557
A part of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Northeast comer of the West Half of the Southeast Quarter of Section 25,
Township 18 North, Range 3 East; thence South 00 degrees 03 minutes 44 seconds West
(assumed bearin~) on and along the East line of the West Half of said Quarter and the East right-
of-way line of 41 Avenue, S;E., 732.44 feet to the South right-of-way line of 2nd Street, S.W.;
thence North 89 degrees 07 minutes 29 seconds East on and long the said South line 122.15 feet
to the West line of3rd Avenue, S.W.; thence South 00 degrees 32 minutes 30 seconds West on
and along said West line 701.60 feet; thence North 89 degrees 48 minutes 00 seconds West
267.50 feet; thence South 00 degrees 10 minutes 25 seconds West 294.85 feet to the place of
beginning of this tract; thence continuing South 00 degrees 10 minutes 25 seconds West 914.60
feet to a point on the South line of said West Half which is 153.60 feet South 89 degrees 13
minutes 17 seconds West of the Southeast comer of said West Half; thence South 89 degrees 13
minutes 7 seconds West on and along said South line 924.06 feet to the Southeast comer of
Wilson Village, Third Section, as recorded in Plat Book 3, Page 7 in the Office of the Recorder
of Hamilton County, Indiana; thence North 00 degrees 13 minutes 00 seconds East on and along
the East line thereof 1031.53 feet; thence North 89 degrees 32 minutes 04 seconds East 420.00
feet; thence North 00 degrees 10 minutes 25 seconds East 288.12 feet to the South right-of-way
line oflndustrial Drive, said point being 771.43 feet South 89 degrees 32 minutes 04 seconds
West of the Wesfright-of-way line of3rd Avenue, S.W.; thence North 89 degrees 32 minutes 04
seconds East on and along said right-of-way 50.00 feet; thence South 00 degrees 10 minutes 25
seconds West 288.12 feet; thence North 89 degrees 32 minutes 04 seconds East 103.21 feet;
thence South 00 degrees 10 minutes 25 seconds West 111.88 feet; thence North 89 degrees 32
minutes 04 seconds East 350.00 feet to the place of beginning, containing 21.25 acres, more or
less.
Except: Warranty Deed - Instrument Number 2004-65493
A part of the West Half of the Southeast Quarter of Section 25, ToWnship 18 North, Range 3
East in Clay Township, Hamilton County, Indiana described as follows;
Commencing at the Northeast comer of the West Half of the Southeast Quarter of Section 25,
Township 18 North, Range 3 East; thence South 00 degrees 19 minutes 21 seconds West
(assumed bearing) on the East line of said West Half 732.44 feet to the South right-of-way line
of Second Street Southwest; thence North 89 degrees 15 minutes 46 seconds East on said right-
of-way line 122.15 feet, deed (124.43 feet, measured) to the West right-of-way line of Third
Avenue Southwest; thence South 01 degrees 03 minutes 30 seconds West 592.70 feet to the
South right-of-way line of Industrial Drive; thence South 89 degrees 48 minutes 32 seconds West
of said South right-of-way line 721.43 feet to the Northwest comer of real estate described in a
Warranty Deed recorded on pages 646 and 647 in Deed Record 362 in the Office of the Recorder
of Hamilton County, Indiana; thence South 00 degrees 25 minutes 04 seconds West on the West
line of said real estate 288.12 feet to the Southwest comer of said real estate and the Place of
Beginning of the within described real estate; thence North 89 degrees 48 minutes 32 seconds
East on the South line of said real estate and parallel with the South right-of-way line of
Industrial Drive 103.21 feet to a point on the West line ofreal estate described in a Warranty
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Deed recorded as Instrument #8827662 in said Recorder's Office; thence South 00 degrees 25
minutes 04 seconds West on said West line 111.88 feet to the Southwest comer of said real
estate; thence South 89 degrees 48 minutes 32 seconds West parallel with said right-of-way line
103.21 feet; thence North 00 degrees 25 minutes 04 seconds East 111.88 feet to the place of
beginning.
Also Except: Corporate Warranty Deed - Instrument Number 1996-3230
(Parkside Village, Section One)
Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Clay Township,
Hamilton County, Indiana, described as follows:
Commencing at the Northeast comer of the West Half of the Southeast Quarter of Section 25,
Township 18 North Range 3 East, thence South 00 degrees 19 minutes 21 seconds West
(assumed bearing) on the East line of said West Half 732.44 feet to the South right-of-way line
of Second Street SW; thence North 89 degrees 15 minutes 46 seconds East on said South right-
of-way line 122.15 feet deed (124.43 feet measured) to the West right-of-way line of Third
Avenue SW; thence South 01 degrees 03 minutes 30 seconds West on said West right-of-way
line 592.70 feet to the South right-of-w~y line of Industrial Drive; thence South 89 degrees 48
minutes 32 seconds West 268.21 feet to the Northwest comer ofa parcel of real estate described
in a Trustee's Deed recorded on page 187 and 188 of Deed Record 259 in the Office of the
Recorder of Hamilton County, Indiana, said comer being also the Northeast comer of a parcel of
real estate described in a Warranty Deed recorded on pages 439 and 440 of Deed Record 300 in
said Recorder's Office; thence South 00 degrees 25 minutes 04 seconds West on the common
line between said parcels of real estate and the prolongation thereof 721.59 feet to a point that is
594.00 feet North 00 degrees 25 minutes 04 seconds East of a Stone on the South line of said
Southeast Quarter that is 153.60 feet West of the Southeast comer of the West Half of said
Southeast Quarter, said point being also the Southwest comer of real estate described in a
warranty Deed recorded on Page 745 of Deed Record 287 in said Recorder's Office and the
PLACE OF BEGINNING of the within described real estate; thence south 89 degrees 26
minutes 16 seconds West parallel with the South line of said Southeast Quarter 453.26 feet to a
point on a line that is the Southerly prolongation of the West line of a parcel of real estate
described in a Corporate Warranty Deed recorded on pages 646 and 647 of Deed Record 362 in
said Recorder's Office; thence South 23 degrees 36 minutes 26 seconds West a distance of25.22
feet; thence South 00 degrees 33 minutes 44 seconds East a distance of 100.00 feet; thence south
02 degrees 18 minutes 20 seconds West a distance of 50.06 feet; thence South 00 degrees 33
minutes 44 seconds East a distance of 100.00 feet; thence South 89 degrees 26 minutes 16
seconds West a distance of255.40 feet; thence North 88 degrees 19 minutes 04 seconds West a
distance of 50.01 feet; thence North 89 degrees 32 minutes 17 seconds West a distance of 157
feet to the Easterly line of WATSON VILLAGE, SIXTH SECTION, a subdivision in Hamilton
County, Indiana, the plat of which is recorded in Plat Book 3, page 43 and 44; thence South 00
degrees 27 minutes 43 seconds West along said East line a distance of325.72 feet to the South
line of said Southeast Quarter; thence North 89 degrees 26 minutes 16 seconds East along said
South line, passing through the aforesaid stone that is 153.60 feet West of the Southeast comer of
said West HaIfa total distance of 1185.30 feet to a point on the Westerly right-of-way line of
Third Avenue, Southwest, said point being located 1204.35 feet South 89 degrees 26 minutes 16
seconds West of the Southeast comer of said Southeast Quarter, per DEDICATION OF PUBLIC
RIGHT-OF-WA Y TO THE TOWN OF CARMEL, INDIANA, as recorded on pages 20 and 21
26
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of Deed Record 239 in said Recorder's Office; thence North 00 degrees 19 minutes 10 seconds
East on said Westerly right-of-way line 594.02 feet to a point on a line that bears North 89
degrees 25 minutes 50 seconds East from the place of beginning, said point being also the
Southeast comer of the aforesaid real estate described in the Warranty Deed recorded on page
745 of Deed Record 287; thence south 89 degrees 25 minutes 50 seconds West on said line
260.19 feet to the PLACE OF BEGINNING containing 13.270 acres, more or less.
Also Except: Corporate Warranty Deed - Instrument Number 1996-3335
(Parkside Village, Section Two)
Part of the Southeast quarter of Section 25, Township 18 North, Range 3 East in Clay Township,
Hamilton County, Indiana, described as follows:
Commencing at the Northeast comer of the West Half of the Southeast Quarter of Section 25,
Township 18 North, Range 3 East; thence South 00 degrees 19 minutes 21 seconds West
(assumed bearing) on the East line of said Wet Half 732.44 feet to the South right-of-way line of
Second Street SW; thence North 89 degrees 15 minutes 46 seconds East on said South right-of-
way line 122.15 feet deed (124.43 feet, measured) to the West right-of-wayline of Third Avenue
SW; thence South 01 degrees 03 minutes 30 seconds West on said West right-of-way line 592.70
feet to the South right-of-way line of Industrial Drive; thence South 89 degrees 48 minutes 32
seconds West 268.21 feet to the Northwest comer of a parcel of real estate described in a
Trustee's Deed recorded on pages 187 and 188 of Deed Record 259 in the Office ofthe Recorder
of Hamilton County, Indiana, said comer being also the Northeast comer of a parcel of real
estate described in a Warranty Deed recorded on pages 439 and 440 of Deed Record 300 in said
Recorder's Office; thence South 00 degrees 25 minutes 04 seconds West on the common line
between said parcels of real estate and the prolongation thereof 721.59 feet to a point that is
594.00 feet North 00 degrees 25 minutes 04 seconds East of a stone on the South line of said
Southeast Quarter that is 153.60 feet West of the Southeast comer of the West Halfofsaid
Southeast Quarter, said point being also the Southwest comer of real estate described in a
Warranty Deed recorded on page 745 of Deed Record 287 in said Recorder's Office; thence
South 89 degrees 26 minutes 16 seconds West parallel with the South line of said Southeast
Quarter 453.26 feet to a point on a line that is the Southerly prolongation of the West line of a
parcel of real estate described in a Corporate Warranty Deed recorded on pages 646 and 647 of
Deed Record 362 in said Recorder's Office and the PLACE OF BEGINNING of the within
described real estate; thence North 00 degrees 25 minutes 04 seconds East on said line 274.53
feet to a point that is 450.00 feet South 00 degrees 25 minutes 04 seconds West of the Southerly
right-of-way line of the aforesaid Industrial Drive; thence South 89 degrees 48 minutes 32
seconds West parallel with said right-of-way line 50.00 feet to a point on a line that is the
Southerly prolongation of a parcel of real estate described as Tract 7 in a Warranty Deed
recorded on pages 394 and 395 of Deed Record 293 in said Recorder's Office; thence North 00
degrees 25 minutes 04 seconds East on said line 161.88 feet to the Southeasterly comer of said
real estate; thence South 89 degrees 48 minutes 32 seconds West on the Southerly line of said
real estate and the Westerly prolongation thereof, measured parallel with the South right-of-way
line of Industrial Drive 420.00 feet to the Easterly line of WILSON VILLAGE, THIRD
SECTION, a subdivision in Hamilton County, Indian, the plat of which is recorded on page of
Plat Book 3, page 7 in said Recorder's Office, thence South 00 degrees 27 minutes 43 second
West on said Easterly line and the Southerly prolongation thereof, being the easterly line of
WILSON VILLAGE, SECOND SECTION and the Easterly line of WILSON VILLAGE,
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SIXTH SECTION as per the plats thereof recorded in said Recorder's Office a distanceof
707.75 feet to a point 327.72 feet distant North, measured along the Easterly line of said SIXTH
SECTION, from the South line of said Southeast Quarter, thence South 89 degrees 32 minutes
, 17 seconds East a distance of 157.00 feet; thence South 88 degrees 19 minutes 04 seconds East a
distance of50.01 feet; thence North 89 degrees 26 minutes 16 seconds East a distance of255.40
. feet; thence North 00 degrees 33 minutes 44 seconds West a distance of 100.00 feet; thence
North 02 degrees 18 minutes 20 seconds East a distance of 50.06 feet; thence North 00 degrees
33 minutes 44 seconds West a distance of 100.00 feet; thence North 23 degrees 36 minutes 26
seconds East a distance of25.22 feet to the PLACE OF BEGINNING. Containing 7.422 acres.
~
THE ABOVE-DESCRIBED REAL ESTATE WAS FOUND BY THIS SURVEY TO BE
DESCRIBED AS FOLLOWS:
A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana, more particularly described as follows: -
Commencing at the Northeast comer of the West Half of said Quarter Section; thence South 00
degrees 04 minutes 14 seconds West along the East line of said Half Quarter Section and the
East right-of-way line of 4th Avenue, S.E. a distance of 732.44 feet to the South right-of-way line
of 2nd Street, S.W.; thence North 89 degrees 02 minutes 19 seconds East along said South right-
of-way line 125.90 feet to the West line of3rd Avenue, S.W.; thence South 00 degrees 50
minutes 40 seconds West along said West line 701.60 feet~ thence North 89 degrees 38 minutes
50 seconds West 267.03 feet; thence South 00 degrees 13 minutes 56 seconds West 294.86 feet
to the POINT OF BEGINNING of this description; thence continuing South 00 degrees 13
minutes 56 seconds West 320.41 feet to the North line of Parks ide Village, Section One, the plat
of which is recorded as Instrument Number 1996-29979 in Plat Cabinet 1, Slide 692 in the
Office of the Recorder, Hamilton County, Indiana; thence South 89 degrees 11 minutes 54
seconds West along said North line 452.66 feet to the East line of Parks ide Village, Section Two,
the plat of which is recorded as Instrument Number 1997-9194 in Plat Cabinet 1, Slide 763 in
said Recorder's Office; thence along the bounds of Parkside Village, Section Two by the next
four (4) courses; 1) North 00 degrees 10 minutes 42 seconds East 274.53 feet; 2) South 89
degrees 34 minutes 10 seconds West 50.00 feet; 3) North 00 degrees 10 minutes 42 seconds East
161.88 feet; 4) South 89 degrees 34 minutes 10 seconds West 0.19 feet to the East line of the real
estate described in Instrument Number 1998-2091 in said Recorder's Office; thence North 00
degrees 13 minutes 56 seconds East along said East line 286.78 feet to the South right-of-way
line of Industrial Drive, said point being South 89 degrees 33 minutes 10 seconds East 771.43
feet from the West right-of-way line of3rd Avenue, S.W.; thence North 89 degrees 33 minutes 10
seconds East along said South right-of-way line 50.00 feet; thence South 00 degrees 13 minutes
56 seconds West 400.00 feet; thence North 89 degrees 33 minutes 10 seconds East 453.22 feetto
the place of beginning, containing 3.859 acres, more or less.
28
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EXHIBIT "C"
TABLE OF USES OF AREA AI, AREA A2 AND AREA A3
RESIDENTIAL
Attached Dwelling
Multiple Family Dwelling
Home Occupation
T ownhomes
Condominiums
Apartments
OFFICE
Clinical or Medical Health Center
Research Laboratory/Facility
General Offices
Professional Offices
RETAIL & SER VICE
General Retail Sales
General Service
Cafe
Delicatessen
Coffee Shop (with or without drive-thru)
Dry Cleaning Establishment (w/o on-site plant)
Financial Institution
Automated Teller Machine (ATM)
Self-Service Laundry
Wholesale Sales
CULTURAL/ENTERTAINMENT
Restaurant, without drive-thru food sales,
with full service bar and live musical entertainment
H:\brad\Centex\Main Street & 3rd Avenue (Midtown)\JI mid town PUD Draft 033006.doc
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