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HomeMy WebLinkAboutPacket 6-20-06 o D. o o o o o o o o D o D o o o o o o MIDTOWN VILLAGE , CENTEX HOMES CHANGE IN ZONING CLASSIFICA TION Docket No. 06010008 Z City of Carmel Plan Commission - June 20, 2006 Petitioner: Centex Homes c/o Jonathan Isaacs - 915-2200 ) '/ I . ~ ';;:c. " ,. f\,t~~'~~s~,. . ~_ ~\"v C?, 't~~~--{~ . . \~\~ t\~$ .e~ \')\J\J ,/;: 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 o o TABLE OF CONTENTS u o 1. Explanation 2. Aerial photograph 3. Conceptual Use Map 4. Conceptual Site Plan 5. PUD Ordinance with exhibits o D 11 l.I o o o D 1\ U o o II U o r u o o o o EXPLANATION n U Centex Homes ("Centex") is the contract purchaser of approximately I 8.82 acres generally located east and west of 3'd 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. o o 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: n U Sub-district A 1. Area A 1 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. u r~ 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. u o Sub-district A3. Area A3 will consist of a total of seventy-five (75) Townhomes and Luxury Townhome Units. o Centex's proposal for the site provides a mixture of commercial, retail and residential which furthers the objectives of Cannel'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. n U D 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 June 20th meeting. if U n ,\.i H:lbradlCenlexlMain Slreet & 3rd Avenue (Midtown)IEXPLANATJON SSC 33006,doc o o n I.J o o D a 'I ~ ST. S_!..R E E_T__ ,-.- i f'.--- i o w' ,,: j z' I ~; .__ _ _J ~ l__ __ -.---, ,'.- ~-- "'---;..,:_ :r.~.~~R"ST~_.!"k (,~~1_ ,,:'-"- , ,"'1, :...1' JII. I: --1 I -""'1 D D ( ~=~~\ . 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Inulana "1'\ L __~ \ ...!...-/ Ll D Centex Homes --+ M:u'("l1nl. 2roc,(1 W:4;- ....l,tI-'tnhllf!O.I~.....II', ~] Bloodgood Sharp Bllsler . .~ o D D o o o D o o D D o o a ~ o ~ o D o r: J...: ~ t" ~ -~ ;;.. () ~ 1 ;.~ ":< ,.. ~.. g2~ Z,J, :{. ~ r.' ;:';111;:' 'J !? :L (J ..~ t - f) ~. '-' - a ~ ~ ~ Q) ~ r./) cd ~ r: ~ ~ Q) u ~ o U Q) bl) cd ~ ~ . \"""'I > ~ o ~ ~ . \"""'I ~ ~ D o o o o o o o o o o o o o o o n U o o Sponsor: ORDINANCE NO. Z- Midtown Village PLANNED UNIT DEVELOPMENT DISTRICT 1 o o o Ii U o o o o o o fJ o o o o o o o o Sponsor: ORDINANCE NO. z- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA EST ABLISHING 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 ofLC. 936-7-4-1500 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 Cannel, Indiana (the "Council"), that (i) pursuant to IC 936-7-4-1500 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. 2 o o o D o o D o o o o o o o D U o o o 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 AI, 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 A 1 shall be in accordance with the following guidelines: 2.1 Permitted Uses. The uses set forth on Exhibit "e" 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. 2A(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. 3 o o o o o o o o o o o o o o o 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 Buildings constructed in Area Al upon the Real Estate shall include Masonry on fiftypetceI1t(SQ%) 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, fibercernent;.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(f) 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. o o o o 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. 4 o o o o o o o o o o o o o o o o o o o 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 Building 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 "F 1 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 "Fl 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. 5 o o o o o o o o o o o o o o o 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 (IS) 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. o 4,4 Luxury Townhome Building rendering and elevations: Attached hereto and incorporated herein by reference as Exhibit "0" 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 fifty.p'efcenf(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, Fibe:rc:etnent,,-l:>()a:td 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. o o o 6 o o o o o o D o o o o o o o o o o o o 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 Real Estate shall include Masonry on fiftypetcel1t.(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, Fibefcerndl.t;.b6aid 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 (1) 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. 7 o o u o o o o o 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 Landscapine RCQuiremcnts 6.1 A) Planting Standards. Landscaping installed pursuant to this ordinance and the City of Carmel planting standards and BMPs shall be integrated with other functional and ornamental site design elements, where appropriate, such as landscape materials, paths, sidewalks, or any water features. Adequate soil volumes for mature growth shall be considered and supplied for each plant material that is installed. Alternative or pervious paving materials shall be considered, or alternative planting media shall be considered, for urban areas were planting space is limited by restrictioris such as buildings, asphalt or concrete paving, building parking decks, etc. Graphic planting details will be supplied to the City of Carmel for each alternative planting situation before ADLS approval of that section. o o o o o o o o o o o B) Plant Materials.. Landscaping materials shall be appropriate to local growing and climate conditions, and meet the requirements of the ANZI 60.1 (1996) Standards. Plant health and suitability, maintenance, and compatibility with site construction features are critical factors that shall be considered. Plantings should be designed with diversity, structured patterns, and complementary textures and colors, and should reinforce the overall character of the area. Shade trees shall be at least two and a half inches (2 W') in caliper diameter when planted. Ornamental trees shall be at least one and a half inch (1 %") in caliper diameter when planted. Evergreen trees shall be at least six feet (6') in height when planted. Shrubs shall be at least eighteen inches (18") in height when planted. Ornamental grasses shall attain a mature height of at least three feet (3'). 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. ,8 o o o o o o o o o o o o o o o o o o o 6.3 Building Base Landscaping. These plantings may help fulfill bufferyard requirements where applicable: a. The building base landscaping adjacent to the front elevation of each Townhome unit shall include a minimum of three (3) shrubs and/or ornamental grasses. Additionally, one shade tree and one ornamental tree shall be planted for every two (2) units. If the trees can not be planted between the unit and the sidewalk, then an alternative location may be chosen for planting. The rear of the units should also be planted with trees and ornamental grasses. b. The building base landscaping adjacent to each of the mixed use of condominium building shall include a level "B" planting (3 shade trees, 3 ornamental trees, and 15 shrubs minimum per 100 linear feet). The planting area shall be ten feet wide (10') on the front and rear and five feet (5') on the sides. 6.4 Building Base Landscaping Mixed Use or Condominium Building - The building base landscaping adjacent to the front elevation of each Mixed Use Building or Condominium Building shall include a minimum of one (1) shrub for every fifteen (15) feet of lineal building frontage 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 planted every sixty (60) 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. 6.5 Street Trees. Shade trees shall be planted along all streets within the right-of- way, parallel to the street and installed per City of Carmel standards. This standard includes, but may not be limited to, the median to be built on Third Avenue. One shade tree shall be installed every thirty to forty feet (30'-40'). As per City standards no street trees shall be planted in conflict with drainage or utility easements or structures, underground detention (unless so designed for that purpose), or within traffic vision safety clearances. Species shall be chosen from the City of Carmel's published list of recommended street trees 6.6 Perimeter Planting and Buffervard Requirements - 6.6(a) Perimeter Planting and Buffervard Requirements Applicable to Area 1, Area 2 and Area 3 - The following standards shall apply: ii) 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. 9 o o o o o o o o D o o o o o o ,0 o o o iii) Encroachments - Accessory buildings may encroach within a landscape bufferyard up to five (5) feet. iv) 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. v) 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. 6.6(b) Area I Bufferyard - Perimeter Planting and Bufferyard Requirements - The Area Al Bufferyard is located along the perimeter of certain sections of Area AI as depicted on Exhibit "H" which is attached hereto. The Area A I Bufferyard shall be approximately fifteen (15) feet in width and run parallel to the perimeter area along certain sections of Area A I. Within the Area A I Bufferyard, the following perimeter and bufferyard plantings shall be required: (i) ShadeTrees - Six (6) trees per one hundred (IOO) lineal feet along the buffer yard (ii) Shrubs - Shrubs in combination of the shade trees and fencing of the buffer yard may be planted. Minimum planting height of eighteen (I 8) inches 6.6(c) Area A2 & A3 Buffervard - Perimeter Planting and Bufferyard Requirements - I. Monon Trail Bufferyard 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~ Shade trees shall be planted on average of one (I) tree per seventy-five (75) feet (ii) Shrubs - Shrubs may be planted at a rate of one (I) shrub per twenty-five (25) feet. Shrubs may be grouped in association with a landscaped plan at the time of ADLS approval. 10 o o o o o o o o o o o o o o o o o o o 6.7 2. 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. The Northern Bufferyard Area 2 shall be approximately ten (10) feet 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- Shade trees shall be planted on average of one (1) tree per seventy-five (75) feet (ii) Shrubs - Shrubs may be planted at a rate of one (1) shrub per twenty-five (25) feet. Shrubs may be grouped in association with a landscaped plan at the time of ADLS approval. 3. 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. 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) Shrubs - Shrubs may be planted at a rate of one (1) shrub per twenty-five (25) feet. Shrubs may be grouped in association with a landscaped plan at the time of ADLS approval. 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. 11 o o o o o o o o o o o o o o o o o o o 6.7(c) Pedestrian Corridors - For any pedestrian corridors, where adequate and sufficient space exists, shrubs and ground cover shall be planted. Shade trees shall be planted at 1 per every 50 lineal feet. 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 A 1 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) Shade Trees - Shade trees to be planted at a rate of one (1) tree every fifty (50) lineal feet Section 7 Boundaries of Area At. 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 Accessorv 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 deyelopment 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 to 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 , 12 o o o complimentary among all units. 1 0.1 (b) Each Townhome 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. o o o o o o 10 o o o o o o o o o 1 0.1 (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. IO.I(d)All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. 10.1 (e) The maximum height of light 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. . 1O.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. I1.I(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. 1 1. 1 (e) Fees: Required. 13 1 1 Section 12 Office/Retail Area of Mixed Use Buildings 12.1 Storefronts. 1 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. 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. 1 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 Ishould 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 ' 14 U D D D U I D o o o o o D U o D D o [j D 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. 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 Sec;tion 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 15 D D U o o o o o o D o D o o o o D o o 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 infoimation. 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 req uirement. 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 Bufferyard - The area depicted on Exhibit "H" attached hereto and generally located along certain sections of the perimeter of Area A I 16 D o n l..J o D' o D o o o o D N. rl U o D D o U o Q. R. S. 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. 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. 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. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include hislher authorized representatives. Dwelling. A room or combination of rooms designed for year-round 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. Final Development Plan. A specific plan for the development of the Real Estate that is submitted for approval showing proposed facilities, 17 o '0 o o 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. n U o U. Luxury Townhome Buildim?;. 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. n U W. Material Alteration: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. n ~ X. Minor Alteration: 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. ,~ n w 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". o '0 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 s,erve 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 "Fl" and "F2". n w BE. Northern Bufferyard Area A2 - The area depicted on Exhibit "H" attached hereto and generally located adjacent to the northern property line of Area A2and running in a east/west direction that shall serve as a perimeter bufferyard area. o 10 o 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. r u o DD. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "A". 18 o o EE. Residential Building. A building containing exclusively residential uses within a single building of two or more stories r: U o FF. Residential Unit. A single Dwelling, including a Townhome, Apartment, and Condominium. GG. Right-of- Way: An area of land permanently dedicated to provide light, air and access. o n ,1.1 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. o 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 determining 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. D o o o o o o 11. 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 of ten percent (10%) or more of the 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. u 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 1 and Areas A2 and A3 running in a north/south direction that shall serve as a planting area. o o o C~ 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". 19 o 011. \ o PP. Trim: Soffits, architraves, wood reveals, and casement around doors and windows. Section 17 Annexation of Additional Real Estate. c 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. o ~ e Section 18 Violations o o o All violations of this Midtown Village Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. o o o o o o o o o 20 o o o fl, ~ 11 U o C W o o o I - !D o o u c o o o 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, lAMC, Clerk Treasurer Presented by me to the Mayor of the City of Carmel, Indiana the _ day of ,2006, at o'clock .M. Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this , 2006, at o'clock .M. day of James Brainard, Mayor ATTEST: Diana L. Cordray, lAMe, Clerk Treasurer 21 o o o u o n :t.J D o o o o o n U o o c o o o 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:\brad\Centex\Main Street & 3rd Avenue (Midtown)\JI mid town PUD Draft 033006.doc 22 o o o n ~ o n l..J o Q o o o o r U fll .l.J o c Ii LJ o o EXHIBIT "A" Lel!al 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 comer of the West half of said. Southeast Quarter Section; running thence South 00 18' West along the East line of said Y:z l;4 Section and along the East line of 4th A venue S.W., in the Town of Carmel: Thence North 890 09' East and along the South line of211d 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 ofa dedicated Street: running thence South 00 41' 30" West and along the West line of 3rd A venue 108.90 feet: Thence North 89048' West 267.20 feet: Thence North 0010' east 105.15 feet to the South line of a dedicated Street: Thence North 89024' 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 comer 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 comer 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 of this 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 comer 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 of the west line of 3 rd Avenue Southwest in the Town of Carmel, Indiana, thence east 266.0 feet to a point on the west line of said 3 rd A venue Southwest; thence southerly on and along the west line of said 3rd 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 23 o o r; u n .. o o D o o o o o o o o [J n U o o 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 corner of the East halfofthe 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 corner 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 in Carmel, Indiana; thence East 347.5 feet (347.14 feet by measurement) to a point in the West I ine 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 off the 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 N011h, Range 3 East, described as follows: Begin at an iron stake 1691.14 feet South and 161.78 feet East of the Northwest corner of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, said point being the Southwest corner 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 of the C.!. & 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 of 3rd Avenue, S. W.; thence North on and along the East line of said 3rd Avenue, 254.0 feet to the place of beginning. 24 o o o o r' LJ n :..J D o D o o o n U o o o o o o 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 corner of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, said point being on the East line of3rd 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 of the center of the said Main track, 95.3 feetto 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 of3rd Avenue Southwest; thence North on and along the East line of said 3rd A venue, 99.3 feet to the place of beginning. 25 o o o o o o o o o o o o o o r'-. U n .~ o o o 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 (assume~ bearin~) on and along the East line of the West ~alf of said <?uarter and the East right- of-way hne of411 Avenue, S.E., 732.44 feet to the South nght-of-way Ime 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 minutes25 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 of Industrial Drive, said point being 771.43 feet South 89 degrees 32 minutes 04 seconds West of the West right-of-way line of 3rd 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 26 o o rl U o o o o n W o o o o 1:' U o fl W o o o o 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 corner 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 corner 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-way line oflndustrial Drive; thence South 89 degrees 48 minutes 32 seconds West 268.21 feet to the Northwest corner of a 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 corner being also the North~ast corner 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 corner of the West Half of said Southeast Quarter, said point being also the Southwest corner 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 ofa 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 corner 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 corner 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 27 o o I( u o o o o o n U D o o o o o o o o o 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 corner 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 corner 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-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-way line of Industrial Drive; thence South 89 degrees 48 minutes 32 seconds West 268.21 feet to the Northwest corner of a parcel ofreal estate described in a Trustee's Deed recorded on pages 187 and 188 of Deed Record 259 in the Office of the Recorder of Hamilton County, Indiana, said corner 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; 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 ofreal 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 ofIndustrial 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, 28 o o o o o o o o o o o o o o o o o o o SIXTH SECTION as per the plats thereof recorded in said Recorder's Office a distance of 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 of 50.01 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 corner 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 of 3rd 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 Parks ide 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 ofIndustrial Drive, said point being South 89 degrees 33 minutes 10 seconds East 771.43 feet from the West right-of-way line of 3rd 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 West400.00 feet; thence North 89 degrees 33 minutes 10 seconds East 453.22 feet to the place of beginning, containing 3.859 acres, more or less. 29 0 0 EXHIBIT "B" 0 0 0 0 0 0 0 0 0 0 0 r~ U " u 0 0 0 30 0 ------~~--- o o o o o o o o o o o o u o o o o o o EXHIBIT "C" TABLE OF USES OF AREA AI. AREA A2 AND AREA A3 RESIDENTIAL Attached Dwelling Multiple Family Dwelling Home Occupation Townhomes 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 (Midlown)\J1 mid town PUD Draft 033006 doc 31 CJ Cl CJ i I c::I o I::J CJ t::) c:J r::::::J c:J I::l t:::I CJ CJ t:::J CJ CJ c:J '111j,LL :'-, rl.)KY RU'.rJ ALSO\T Kf()DIUMfAKKIN(, , ,,,-,:,l ,\\"(, n (.IN!,!..,: !'l ,\,))\ ,." : ,'l 1,\, (iNll :".'" .t\! !'lC,; .., r N,,,[I'\( ,.~f".\'-: :-, iJ l,)"'r.\l\......lf --.....;:.,:..^~~...,.-;;:. 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