HomeMy WebLinkAboutCorrespondence
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORA nON
ATTORNEYS AT LAW
7~ .-(.{-
~
-toW
'U~ ;~- ..""
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
LAWRENCE J. KEMPER
JOHN B. FLA IT
FREDRIC LAWRENCE
DAVID J. LICHTENBERGER
of counsel
JANE B. MERRILL
3105 EAST 98TH STREET
SUITE 170
INDIANAPOLIS, IN 46280
317 -844-0 106
FAX: 317-846-8782
www.nf-Iaw.com
April 21, 2006
VIA HAND DELIVERY
Matt Griffin
City of Cannel
Department of Community Services
/
I
I
V;> \<:\)
:G "\,' v
<.~v
<\.'V ,.
,..... 'l,"
~~ ~~\.;S
RE: Centex Homes - Midtown
Docket No.: 06010082
Special Studies Committee: May 4, 2006
Matt -
As you know, this matter is scheduled to appear on the Special Studies Committee
Agenda for its May 4th hearing. In this regard, in anticipation of the March 30th Committee
Meeting, we submitted supplemental brochures that included significant revisions to the PUD
Ordinance. The discussion at the last Committee Meeting on April 13th was productive and it
seemed as if no significant, major issues existed. Consequently, no further revisions have
occurred for this proposal. In this regard, please advise the Committee Members to bring
the following prior brochures to the Committee Meeting for review of this project:
a. February 21 st Plan Commission Brochure
b. March 30th Special Studies Committee Brochure
Hopefully at the May 4th Committee Meeting, we can discuss any final comments or
suggestions to the proposed PUD Ordinance. If no significant issues remain at the conclusion of
the May 4th Committee Meeting, we would respectfully ask for a vote of recommendation by the
Committee to the full Plan Commission for the Plan Commission's May 16th Meeting.
SCANNED
~.",:
.
Nelson & Frankenberger
April 21, 2006
Page 2 of2
Please distribute a copy of this letter to all Committee Members so that they can be
informed as to the prior brochures to bring to the May 4th Meeting. Thank you for your
assistance and contact me with any questions.
Very truly yours,
NELSON & FRANKENBERGER, P.C.
JES/kat
Enclosure
cc: Jon Isaacs/e-mail
H:\brad\Zoning & Real Estate Matters\Centex\Main Street & 3rd Avenue (Midtown)\griffin ltr 042106.doc
-r < it
;;..-;. i
"
,
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
7~ , -\0
~
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
LAWRENCE J. KEMPER
JOHN B. FLA IT
FREDRIC LAWRENCE
DAVID J. LICHTENBERGER
of counsel
JANE B. MERRILL
3105 EAST 98TH STREET
SUITE 170
INDIANAPOLIS, IN 46280
317-844-0106
FAX: 317-846-8782
www.nf-Iaw.com
April 21, 2006
VIA HAND DELIVERY
~
w $i? (:,~
!::{j-
(3-...
1& C"\,j S:l
""?: s:s
~ '5
Matt Griffin
City of Cannel
Department of Community Services
RE: Centex Homes - Old Meridian Place
Docket No.: 05110020PP/ADLS
Special Studies Committee: May 4, 2006
Matt -
As you know, the above matter is scheduled to appear before the Special Studies
Committee at its May 4th hearing. No significant changes to the project have occurred as a result
of the April 13th Committee Meeting. However, attached to this letter is a revised perimeter
landscape plan for the site. Consequently, the prior brochures we have submitted to this matter
are still relevant for review. In this regard, please remind the Committee Members to bring
the brochures that were submitted for February 215t Plan Commission Meeting and the
handouts submitted at the March 7th and March 16th Committee Meetings.
Based on the discussions at the prior Committee Meetings, my impression is that we are
possibly approaching final review of this submittal. The final issue seems to relate to the
elevations of the proposed townhomes. As we have explained in previous meetings, the portion
of the site that will contain the townhomes was not part of the rezone request. Consequently, the
townhomes are a permitted use. Weare hopeful that we can obtain feedback from the
Committee Members and Staff regarding any additional suggestions for these elevations,
although no specific standards exist in Cannel's Zoning Ordinance, to my knowledge, that would
govern the appearance of such townhomes. In any event, the proposed townhomes are
aesthetically pleasing and are designed to be consistent and compatible with the townhomes that
have been approved in the immediate proximity. Hopefully, at the May 4th Committee Meeting,
we can discuss and resolve any remaining issues relating to the elevations of the townhomes and
have the Committee make a vote of recommendation back to the full Plan Commission for the
Plan Commission's May 16th hearing.
8(Cf~NNED
-('" e ...
.. -
:;.... . ., t
Nelson & Frankenberger
April 21, 2006
Page 2 of2
Please distribute a copy of this letter and its attachment to all Committee Members
in anticipation of the May 4th Committee Meeting. Thank you and contact me with any
questions.
Very truly yours,
NELSON & FRANKENBERGER, P.C.
JES/kat
Enclosure
cc: Jon Isaacs/e-mail
H:\brad\Zoning & Real Estate Matters\Centex\Old Meridian\griffin Itr 0421 06.doc
)> OfJ
~ <~
- mx
-... :D~
~ )>"
~ ,Iii
'i!j
""U;;
5:Z
z
:~
,
>CCII
~;;;~~
J:"Z~
::;C?z
mOr-_
I'I"ZZ
;;:.,.Cfta
~- ,
.'
c' "
1 n
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT-LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SmNAVER
LAWRENCE J. KEMPER
JOHN B. FLATI
FREDRIC LAWRENCE
DAVID J. LICHTENBERGER
01 counsel
JANE B. MERRILL
3105 EAsr 98TH STREET
SUITE 170
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846.8782
www.nl-law.com
March 22, 2006
VIA HAND DELIVERY
Matt Griffin
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
RE: Supplemental Brochure
Docket No. 06010008 Z: Midtown Village
Centex Homes Change in Zoning Classification
Dear Matt:
Enclosed you will find nine (9) Supplemental Brochures in reference to the above.
Please contact me if you should have any questions.
..//
Very truly yours,
NELSON & FRANKENBERGER,P.C.
JES/mlf
Enclosures
H:lbradlCentexlMain Street & 3rd Avenue (Midtown)IGriffin Itr 032206 supp brochures.de<:
Message
Page 1 of 1
Griffin, Matt L
-~---,; ,___~_ --~ -'~..~.~ -=;r'?
- ~':l:: - "::""(9" "~-" - -~"7'g;f..l<:,
,.' ..,f:':i.~""",.,,,........ '.
. -.~"i"'O'U'"'''' . "'--.:"
From: Kevin Heber [kevin@indianatrails.org]
Sent: Tuesday, February 21, 2006 11 :39 PM
To: Griffin, Matt L
Subject: FW: Midtown Village--Please read before Plan Commission meeting on February 21
FYI
-----Original Message-----
From: susan nelson [mailto:snelson3@indy.rr.com]
Sent: Monday, February 20,2006 10:33 PM
To: jerrychomanczuk@conseco.com; leodierckman@opco.com; ddutcher@NCAA.org; WHaney1393@aol.com;
Kevin@indianatrails.org; mrattermann@carmel.in.gov; rripma@usavingsbank.com; schleif@indy.rr.com;
sstromquist@WBMI.com; richart@ameritech.net; SueWestermeier@aol.com
Subject: Midtown Village--Please read before Plan Commission meeting on February 21
My name is Susan Nelson and I live at 2 Hilda Court in Wilson Village. Upon getting notice of the plans to rezone
the industrial area behind my neighborhood, I went to the Department of Community Services and made copies of
the the proposal and plans for Midtown Village. I will not be able to attend the meeting on Feb. 21st but I do have
some questions that I would like considered.
1. What are the exact boundaries for this proposal? The proposal map (Map A) differs from the drawing. The
drawing shows an area north of the water tower whereas Map A does not. In the proposal, sections 2, 3 &
4 show permitted uses and development
requirements for Area A 1, A2 and A3; however, there is nothing regarding the area north of the water tower.
2. According to Section 7, this is a conceptual plan. If this is not the actual Development plan, will the "Primary
Plat/Development Plan" got through the public process with hearings?
3. In Section 16.2, Q; it states that minor alterations are a revision of less than 10% of the plans total area or
approved materials. In this case the proposal says in Section 15.1, A, that it can be approved by the Director. If
there are changes proposed, how does the public learn of these proposed changes and will they have any input
prior to the Directors approval?
4. In regards to lighting, will all lights have a cap on top to prevent too much light into the night sky?
5. I have serious concerns as to what this plan means to the northern portion of Industrial Drive and the portion
directly west of Area A 1 that is not included in this proposal. Are there any plans for these areas yet and if so
when will they be made public?
Thank you for your consideration on these matters.
Susan Nelson
3/21/2006
..-.;.
u.
o
January 18, 2006
JAMES BRAINARD, MAYOR
CI
Mr. Ed Fleming
Stoeppelwerth & Associates, Inc.
9940 Allisonville Road
Fishers, IN 46038-2005
RE: Midtown Village P.D.D.-Project Review #1
Dear Mr. Fleming:
We have reviewed the P.U.D. Ordinance submitted for review at the January 18,2006 Technical
Advisory Committee meeting. We offer the following comments:
GENERAL INFORMATION
These general comments along with specifics will be repeated as construction drawings are
submitted for this development.
1. The project site is located within current City of Carmel Corporate Limits.
2. Jurisdictions:
. Streets and Right of Way - City of Carmel (Industrial Drive/3rd Avenue SW)
. Water - City of Carmel Utilities
. Sanitary Sewers - City of Carmel Utilities
. Storm SewerslDrainage - City of Carmel.
. Legal Drains - Hamilton County Surveyor's Office:
3. Board of Public Works and Safety Requirements:
. Water Availability and Sanitary Sewer Availability approval from the Board is based
upon the total number oftownhome units and number of bedrooms per unit for
residential and planned commercial ~nd retail uses of the remaining buildings.
Reference item #11 below for a mor~ detailed explanation. If a community
swimming pool or bathhouse is planned, additional Water and Sanitary Sewer
Availability approval from the Board will be required and additional Water and
Sanitary Sewer Connection Fees will be assessed. If entryway or other community
irrigation systems are planned, these will also require additionai Water Availability
approval from the Board and additional Water Connection Fees will be assessed
based upon the size and usage of the system.
. CommerCial Curb Cut Approval - This approval will be required for all commercial
curbs cuts planned for the development. Provide a letter to this office requesting
BPWS Commercial Curb Cut approval. Provide an 8 Y2 x 11 exhibit or exhibits
detailing the requested curb cut(s) with all appropriate dimensional data including
width, radii, acelldecellpassing blister dimensions, existing and opposing streets or
drives, etc.
. Temporary Construction Entrance approval if the location is at a site other than a
permanent curb cut. Submission requirements are the same as for commercial curb
cut.
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL engineering@carmeLin.gov
.~
o
o
Mr. Ed Fleming
February 3, 2006
Midtown Village P.U.D.-Project Review #1
Page 2 of5
. Any permanent improvement to be installed within dedicated right of way or
dedicated easements. This approval would require a Consent to Encroach Agreement
between the Owner and the City of Carmel.
. Secondary Plat approval if applicable.
. Dedication of Right of Way ifnot platted Any submission to the Board requires prior
approval by the Carmel Clay Plan Commission and/or the Board of Zoning Appeals
(if applicable) and completion of review by the Technical Advisory Committee. All
written requests to be placed on the Board's agenda must include the appropriate
Docket Number and the date (or dates) of approval by the Plan Commission and/or
the Board of Zoning Appeals (if applicable).
4. T.A.C. ReviewlDrawings submitted for approval:
We request that all comments and comment letters generated by this office be answered
in writing and be accompanied by a drawing reflecting requested revisions. Final
drawings will not be approved for construction until all Engineering Department and
Utility Department issues have been resolved. The design engineer must certify all
drawings submitted for final approval. This office will require a minimum of five-sets of
drawings for approval after all issues have been resolved. The drawings will be stamped
as approved and will be signed by the City Engineer and Director of Carmel Utilities.
The Owner will receive one-set which is to be maintained on the construction site at all
times. Carmel Utilities will receive two-sets, our Public Works Inspector will receive
one-set and one-set will be maintained in the Engineering Department. If additional
approved sets are desired, we will approve a maximum of two-additional sets. However;
the additional sets must be submitted with the required five-sets.
5. Please be advised that any installation of signs, walls, irrigation systems, etc. within
dedicated right of way or dedicated easements will require a Consent to Encroach
Agreement with the City of Carmel. This agreement, with the exception of irrigation
systems, requires BPWS approval. The City Engineer may approve irrigation system
agreements.
6. Carmel Utilities should be provided drawings for review of water and sanitary sewer
issues. They will provide a separate review regarding these issues.
7. Garmel Utilities does subscribe to "Holey Moley" who should be contacted directly for
all water main and sanitary sewer main Ilocations.
BONDING REQUIREMENTS
8. The following bonding requirements may apply to this project:
Performance GuaranteeslEngineer's Estimates
. Streets (base, binder and surface must be bonded together)
. Curb & Gutters
. Water Mains
. Sanitary Sewers
. Storm SewerslDrainage
. Monuments and Markers
. Street Signs
· Sidewalks (Interior-builders lot right of way sidewalks and Exterior-common
area/perimeter right of way sidewalks/asphalt paths may be bonded separately).
~
Q
Q
Mr. Ed Fleming
February 3, 2006
Midtown Village P.U.D.-Project Review #1
Page 3 of5
. Right of Way Improvements may be bonded separately. This could include
accel/decellanes, passing blister, pavement widening, thermoplastic striping, stone
shoulders, curbs, etc.
Erosion control may require a Performance Guarantee. This will be determined later.
The amount of the Performance Guarantee is based upon a certified Engineer's Estimate
for 100% of the cost of labor and materials to construct the individual improvements, to
be provided by the design engineer. Please provide detailed Engineer's Estimates for
each improvement including quantities, unit costs, pipe sizes and materials, etc; Upon
completion and release of individual Performance Guarantees, a three-year Maintenance
Guarantee will be required. The Maintenance Guarantee amount is based upon 15% of
the Performance amount for Streets and Curbs and 10% of the Performance amount for
all other improvements. Performance Guarantees may be Performance or Subdivision
Bonds or Irrevocable Letters of Credit. Please reference the enclosures for more detailed
explanation of our procedures.
Right of Way Permit and Bonding
Any work in dedicated right of way will require an approved Right of Way Permit and a
License & Permit Bond. The bond amount is determined by the number of instances of
work in the right of way at $2,000.00 per instance. However, if the work is included in
the scope of work of a required and posted Performance Guarantee, the Performance
Guarantee may be used to satisfy the bond requirements of the Right of Way Permit.
Please contact our Right of Way Manager, Fred Glaser, to arrange right of way
permitting and bonding.
9. We have engaged Crossroad Engineers, PC to review all drainage plans and drainage
calculations submitted to this office for review. We will share Crossroad's comments as
they are received. When construction plans are submitted for review for this
development, please provide a set of drawings and drainage calculations directly to
Crossroad. Please contact Crossroads to obtain a copy of the City's drainage review
checklist. The Department will expect the drainage system to be designed in accordance
with the standards outlined in the checklist.
(
AVAILABILITY AND CONNECTION FEES
10. Availability (acreage) Fees must be paid after all other Engineering Department
requirements have been satisfied and prior to approval and start of construction activities.
Availability Fees are based upon total platted acreage or legal description acreage for the
development at the current rate of$I,OlO.OO per acre for Water Availability and
$1,365.00 per acre for Sanitary Sewer Availability.
Connection Fees-Please provide this office with a listing of all buildings, residential,
commerciahind retail in order to calculate Connection Fees. The current Water
Connection Fee is $1,310.00 per EDU. The current Sanitary Sewer Connection Fee is
$795.00 per EDU totaling $2,105.00 per EDU. Connection Fees are paid when the
infrastructure has been completed, satisfactory test results obtained and the development
has been released for building permits.
The Availability and Connections Fees are current as of this date but are subject to future
reVISIons.
....,a
u
(.;)
Mr. Ed Fleming
February 3, 2006
Midtown Village P.U.D.-Project Review #1
Page 4 of5
If an irrigation system, swimming pool or clubhouse is planned for this development,
additional Water and/or Sanitary Sewer Connection Fees will be assessed based upon
the recommendations of the Director of Carmel Utilities.
PROJECT COMMENTS
11. Please indicate dedication of right-of-way to the proposed building faces across the 2nd
Street frontage. The City would also allow an easement to be recorded from the existing
r/w to the building face across this frontage.
12.. Please formally dedicate right-of-way for the Monon Trail across the property under the
control of the developer. Please also formally vacate any existing easements associated
with the property currently occupied by the Monon Trail across the development's
frontage.
13. Please indicate widening of the Monon Trail across the frontage to 20-feet with 2-foot
gravel shoulders. The existing pavement shall be milled 1" and replaced with 1.5" surface
HMA such that the final surface across the existing and widened sections is uniform.
14. Have there been discussions about moving the retail buildings closer to the Monon?
15. Has providing on-street parking on each side of3rd Avenue been discussed?
16. A storm water detention facility must be provided for this development.
17. The City is presently working on the design of the realignment of 3rd Avenue with 4th
Avenue. The City will acquire the right-of-way for the realignment but would expect all
costs associated with the acquisition of the right-of-way to be borne by the developer as
formal commitment to the City. The City will also expect all costs associated with the
construction of this road project to be borne by the developer as formal commitment to
the City.
18. The drainage design will need to address enclosing the portion ofthe open ditch adjacent
to the Monon Trail.
19. Please indicate a sidewalk or multi-use path (at the discretion of the DOCS) on the west
side of3rd Avenue, north of Industrial Drive.
20. Will the right-of-way be dedicated to the building faces on 3rd Avenue (see comment 11
above)?
21. The City will expect the construction of on-street parking to City Standards on the south
side of 2nd Avenue across the frontage controlled by this development.
22. The Department requests pedestrian cohnectivity to the west. This connection shall be a
10-foot multi-use path from 3rd Avenue to Crescent Drive and up to Industrial Drive.
23. The plan needs to accommodate a future connection to Crescent Drive to the west. A stub
street and right-of-way to the property line needs to be indicated.
24. Please indicate a 50-foot r/w and a pedestrian trail (12-feet wide with 2-foot gravel
shoulders on each side) due east from the intersection of the southern street with 3rd
Avenue.
POO ORDINANCE COMMENTS
25. Article 5.1 (b). Please add that the on-street parking shall be for the use of the general
public and shall not be dedicated parking for the residents of the development or their
guests.
26. Covenants and perhaps the PUD ordinance itself must address responsibility for
maintenance of storm water quality best management practices. This responsibility shall
be in accordance with City Ordinances.
i' ~'.i
w
(;)
Mr. Ed Fleming
February 3, 2006
Midtown Village P.U.D.-Project Review #1
Page 5 of5
27. The POO and restrictive covenants shall state that the property owners may not install
any improvements within platted or dedicated easements.
These comments represent the Department of Engineering's initial review of the primary plat for
this project. We request that all responses to our comments be provided in writing. Failure to
provide written responses may result in the delay of the review process.
It is critical that this office be made aware of all modifications made on the plans being re-
submitted,particularly if any such changes are considered "new"or fall outside of our previous
reviews. Please provide revised plans including all revisions. Please notify us of any changes
and specifically state any changes, including changes resulting from Plan Commission, BZA or
other committee meetings.
All bonds and performance guarantees must be posted prior to Engineering Department approval
of construction plans. Board of Public Works and Safety approvals and any other governing
agency approvals (if required) must be obtained prior to Engineering Department approval. All
performance guarantees must be posted prior to submission of secondary plats for Board of
Public Works and Safety approval.
The Department reserves the right to provide additional comments based upon subsequent
reviews and on the grading and drainage system upon receipt of drainage calculations and more
detailed construction drawings that provide grading elevations, pipe sizing and invert elevations. -
These comments may affect the drainage system layout presented on the Development Plan.
If you have questions, please call me at 571-2441.
Gary R. pun an, Jr. .
Assistant C' Engineer
Department of Engineering
Cc: Matt Griffin, Department of Community Services
John Duffy, Director Carmel Utilities
Paul Pace, Carmel Utilities Distribution
Paul Arnone, Carmel Utilities Collection
Greg Ilko, Crossroad Engineers
Greg Hoyes, Hamilton County Surveyor's Office
Engineering File Copy
Engineering Department Review
\\Apps2\user data\eng\shared\DHill\PROJREV06\MIDTOWNVILLAGEPUD.doc
w
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORA nON
ATTORNEYS AT LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SlllNA VER
LAWRENCE J. KEMPER
JOHN B. FLA IT
FREDRIC LAWRENCE
Of Counsel
JANE B. MERRILL
January 18,2006
VIA HAND DELIVERY
Matt Griffin
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
RE: Centex -Midtown Village
Docket No. 06010008 Z
Dear Matt:
o
3105 EAST 98TH STREET
SUITE 170
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
Enclosed please find regarding the above .the Owner's Consents for each parcel affected by the
above.
Thank you for your assistance, and please contact me with any questions.
Very truly yours,
NELSON & FRANKENBERGER, P.C.
Lawren~emper
LJK./bd
Enclosures
H:\brad\Centex\Old Meridian\Griffin Itr.122705.doc
..
- .:'
1" ,,"
-...
,.
Q
w
OWNERS' CONSENT AND JOINDER IN PETITIONS
The undersigned, being the owners of the real estate described in what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize and
direct Centex Homes, a Nevada Corporation ("Centex"), along with its employees, engineers,
land planners, attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Centex with respect to the Real
Estate including, without limitation, (i) approvals of changes in zoning classification or
rezones to a Planned Unit Development Ordinance necessary to permit the development
of the Real Estate for residential townhomes, condominiums, office and retail uses as per
the terms of the Zoning Ordinance for the City of Carmel (hereafter "Rezone
Application"), the terms and conditions of which shall be determined by Centex's
discretion, and (ii) all secondary approvals including, without limitation, preliminary
(primary) development plan approvals, ADLS approvals, detailed (secondary)
development plan approvals, improvement location permits, and all other approvals and
permits required by the Rezone Application, the City of Carmel and/or the Zoning
Ordinance for the City of Carmel and deemed necessary by Centex to further develop the
Real Estate per the terms of the Rezone Application (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission, and its committees, and the Common Council for the City of Carmel,
and its committees, and any other agency, and any other municipal or State agencies, and
to file, for and on behalf of the undersigned, all applications and petitions deemed
necessary by Centex to obtain the Approvals.
3. The undersigned, being duly sworn, deposes and says that they are the owner of the Real
Estate and that the foregoing signatures, statements, and answers herein contained and the
information herewith submitted are in all respects true and correct to the best of the
undersigned's knowledge and belief.
Further to this Owners' Consent and Joinder in Petitions, the undersigned acknowledge
that this Owners' Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Petitions filed by Centex, now or in the future, in furtherance of the
Approvals.
Date: J /" /o(
Woods Real Estate, Inc.
By: C(J /! ~_.
DAviD A. Fel-TS
Printed name, title .
-.
o
STATEOF ~
COUNTY OF .M (J.,(' iOn
u
f ~,
)
) SS:
)
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared ~ f~+s , the ~.lA of Woods Real Estate, Inc., who
acknowledged execution of this Owners' Consent and Joinder in Petitions.
Witness my hand and Notarial Seal this
/I.... day of ffll1ltu'1
~~r
Notary Pu
l1p-.r~ W i ~:yl s
Printed e
,200~
My Commission Expires:
County of Residence:
"'~"";:"""
.~"''''~'
(~:.~~
MERRY WIGGINS
Hancock County
My Commission Expires
June 5, 2013
H:\brad\CentexIMain Street & 3rd Avenue\Consent-Woods.doc
2
u
o
EXHIBIT "A"
Description of Real Estate
.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 1 00.0 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 3rd
Avenue Southwest in the Town of Carmel, Indiana, thence east 266.0 feet to a point on the west
line of said 3rd Avenue Southwest; thence southerly on and along the west line of said 3rd Avenue
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.
3
.i " J....~,'-~...
~' .'
1
u
u
OWNERS' CONSENT AND JOINDER IN PETITIONS
The undersigned, being the owners of the real estate described in what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize and
direct Centex Homes, a Nevada Corporation ("Centex"), along with its employees, engineers,
land planners, attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Centex with respect to the Real
Estate including, without limitation, (i) approvals of changes in zoning classification or
rezones to a Planned Unit Development Ordinance necessary to permit the development
of the Real Estate for residential townhomes, condominiums, office and retail uses as per
the terms of the Zoning Ordinance for the City of Carmel (hereafter "Rezone
Application"), the terms and conditions of which shall be determined by Centex' s
discretion, and (ii) all secondary approvals including, without limitation, preliminary
(primary) development plan approvals, ADLS approvals, detailed (secondary)
development plan approvals, improvement location permits, and all other approvals and
permits required by the Rezone Application, the City of Carmel and/or the Zoning
Ordinance for the City of Carmel and deemed necessary by Centex to further develop the
Real Estate per the terms of the Rezone Application (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission, and its committees, and the Common Council for the City of Carmel,
and its committees, and any other agency, and any other municipal or State agencies, and
to file, for and on behalf of the undersigned, all applications and petitions deemed
necessary by Centex to obtain the Approvals.
3. The undersigned, being duly sworn, deposes and says that they are the owner of the Real
Estate and that the foregoing signatures, statements, and answers herein contained and the
information herewith submitted are in all respects true and correct to the best of the
undersigned's knowledge and belief.
Further to this Owners' Consent and Joinder in Petitions, the undersigned acknowledge
that this Owners' Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Petitions filed by Centex, now or in the future, in furtherance of the
Approvals.
Date:
1/1//0'
AMS Development Com any, I
2?
By:
DltVl/) ,fe'!;5
Printed name, title
.. I ;" ~""I ,.
" .
('
u
u
STATE OF J~w"
COUNTY OF JjO{ (' j 0 Y1
)
) SS:
)
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared ~'\1L,j F~ , the ~elL of AMS Development Company, Inc.,
who acknowledged execution of this Owners' Consent and Joinder in Petitions.
Witness my hand and Notarial Seal this
I ,"'" day of -rl>111~
~(.)A. .
Notary P lic r
f\Il ~ \
e {' f\J In,"
Printed Name
,2001
My Commission Expires:
County of Residence:
~~~yl;;..~~,
~)<;..~
{;:-t.:0
".1.7f.fr!.#"
MERRV WIGGINS
Hancock County
My Commission Expires
June 5. 2013
H:lbradlCentexlMain Street & 3rd A venueIConsent-AMS.doc
EXHIBIT "A"
2
Q
o
EXHIBIT" A"
DescriDtion of Real Estate
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 12 y,. Section and along the 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 ofa dedicated
Street: running thence South 00 41' 30" West and along the West line of3rd Avenue 108.90 feet:
Thence North 890 48' 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 "D" - Warranty Deed - Deed Record 312, Page 254
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 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.
ALSO:
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 of3rd Avenue Southwest in Carmel, Indiana; thence East 347.5 feet
(347.14 feet by measurement) to a point in the West line ofthe right of way of the Monon
Railroad; thence Southerly on and along the West line ofthe 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
3
Q
o
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.
ALSO:
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 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 of3rd Avenue, S.W.; thence North on and along the East line of said 3rd Avenue, 254.0 feet
to the place of beginning.
ALSO:
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 ofthe 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 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 of3rd Avenue Southwest; thence North on and along
the East line of said 3 rd A venue, 99.3 feet to the place of beginning.
4
u
Q
ALSO:
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 bearinl) on and along the East line of the West Half of said Quarter and the East right-
of-way line of 4 Avenue, S.E., 732.44 feet to the South right-of-way line of2od 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 ofthe 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 West right-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 oflndustrial 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
5
u
Q
Industrial Drive 103.21 feet to a point on the West line of real estate described in a Warranty
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-way 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 of50.01 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 of 325.72 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
6
Q
u
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-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 ofIndustrial 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 pages 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; 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,
SIXTH SECTION as per the plats thereof recorded in said Recorder's Office a distance of
7
.'
o
o
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 ofthe 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 Parkside 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 ofIndustrial 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 feet to
the place of beginning, containing 3.859 acres, more or less.
H:\brad\CentexIMain Street & 3rd Avenue\Consent-AMS.doc
8
a
~1/10/2006 16:02
.~
3177769628
U
HAMILTON CO SURVEYOR
U
PAGE 01/02
Xenton C. 'Wnrd, Sunl/!)"nr
'1'(,1111/' ()17' 77(;"~"95
'"FlU: ('Il7 J 77t'-9~~S
~r;1I1f1! ,.,~.~
G/lr J{ami/rcm [(l"IJI~' Slfllnr~
-'VD[,fC:SI~"C:, lnctiana 4l.;"t'cl-'::'Jo
January 10, 2006
Stoeppelwerth & Associatest Inc.
ATIN': Bel Fleming
9940 Al1isonville Road
Fishers. IN 46038.2005
VIA FACSIMILE: 849-5942
Re: Midtowu. VDlage
Dear Mr. Fleming:
We have reviewed the concept plans submitted to the Hamilton County Surveyor's Office on
January S, 2006, for this projeot and have the followini comments:
1. The proposed project falls in the incorporated area of the City of Carmel
2. The proposed project DOES partially fall in a Carmel Wellhead Protection Zone.
3. Tbe ptoposed project falls in the Marrow - Follett Regulated Drain Watershed.
4. Please note this site will be required to comply with the new Hamilton County
Stormwater Management Technical Standards Manual, alons with any additional
requirements from the City of Cannel Manual.
S. Please submit complete construction plans. the secondary plat, and drainage
calculations to this office when they become aV811able.
6. The Hamilton County Surveyor.s Office has no objections to the rezone.
7. Please note that further comments may be necessary at a later date.
"
01/10/2006 16:02 3177769628
U
HAMILTON CO SURVEYOR
U
PAGE 02/02
Should you have any questionst [can be reached at 317-776-8495.
~~
Greg Hoyes, AC
Plan Reviewer
cc: Matt Griffin - Cannel DOCD
John South - HCSWCD
Amanda Foley - Cannel Engineering
Dick Hill- Carmel Engineering
Mike McBride- HCHD
Greg Dko - Crossmads Engineering
u
Q
Carmel T AC Agenda
CTRWD Comments
9:00 a.m.
Orin Jessup Land Co, Sec 1, lots 140-142 pt - Mr. Window
Docket No. 05120024 UV Chapter 9.01 Permitted Uses
1i~~,~I~liteed~..""tes for the change in use.
9~10 a.m. Docket No. 06010006 SP: Windsor Grove II
***CTRWD application and construction plans have been received and are currently under review.
9:20 a.m. Docket No. 05120010 SP: Abney Glen
****CTRWD application is needed. Construction plans were received and are currently under review.
9:~5 a.m. Docket No. 06010005 Z: Shelborne Property PUD
****Within CTRWD service area.
9:50 a.m. Docket No. 06010003 Z: Guerrero Property PUD
****Within CTRWD service area.
10:05 a.m. Docket No. 06010009 Z: Crook PUD
****Within CTRWD service area.
10:20 a.m Docket No. 06010002 Z: Old Meridian Place Rezone
****Project is outside ofCTRWD service area.
1 O:~O a.m. Docket No. 06010008 Z: Midtown Village PUD
****Project is outside ofCTRWD service area.
10:45 a.m. Docket No: 05120025 Z 126th & Keystone/Gramercy PUD
****Project is outside ofCTRWD service area.
11 :00 a.m. Docket No. 05120026 Z and 05120027 DP/ADLS: Village Green PUD
****Project is outside ofCTRWD service area.
11 :15 a.m. Docket No. 06010007 DP/ADLS: Gateway Pavilion
****Within CTRWD service area. Plans and CTRWD application will be needed.
11'~0 a.m. Docket No. 06010010 SP: Village of Westclay Section 150001
****CTRWD application is needed. Construction plans were received and are currently under review.
11 :40 a.m Docket No. 06010001 Z: Monon Townes PUD
****Project is outside of CTRWD service area.
11 :55 a.m. Docket No. 06010011 ADLS Amend: Conseco Parking Lot
****Project does not affect the sanitary sewers. No action needed.
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC. ~
9940 AlIisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Department of Community Services
One Civic Square
Carmel, Indiana 46032
ATTENTION:
Matt Griffin
RE:
Midtown Village
WE ARE SENDING YOU [X ] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
1 Each Transmittals to TAC Members
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel T AC meeting on January 18, 2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
fJtrA( 1/
Edward E. Fleming
j
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue _ Book\Agency _ Correspondence\TRANSDeptOfCommunityServicesGriffinOl-04-06.DOC
Sponsor:
ORDINANCE NO. Z..
Midtown Village
PLANNED UNIT DEVELOPMENT
DISTRICT
Sponsor:
ORDINANCE NO. Z.
AN ORDINANCE OF THE C()MMO~ COtrNCIL OFTllE ..
CITY OF CARMEL. INDIANA
EST ABLISIUNG 'filE
Midtown Village
PLANNED liNIT DEVEL()PME~'T DISTRICT
\VHEREAS, Section 31.6.4 of the CanneliClay Zoning Ordinance Z-289 (the
''Carmel/Clay Zoning Ordinance"). provides Jor the establishment of a rlanned Unit
Development District in accordance ,,,'ith the requirements ofl.e. * 36-7-4-1500 et scq.;
WHEREAS. the Cannel/Clay Plan Curnmissinn (the "Commission") has given a
_.~__.. . recommendation to the ordinance seT forth herein ("'Midtown VH1age
Ordiliancc") which establishes the Midtown Village Planned Unit De"elopmem District Hhc
"DistricC). ,,,'hich shall also he referred to as the "Midtown Village Ordinance:'
NOW, THEREFORE. BE IT ()RDA~1:D by the Common Council of the City of
Carmel, Indiana (the "Coundr'). thm (i) pursuant to Ie *36-7-4-1500 el S(I(J-. it udopts this
Midtown Village Ordinance. as an amendment 10 the Cannel/Clay Zoning Ordinance and it shall
be in fullli.lrce and effect from and after its passage. (ii) all prior commitments shaH be nulLand
void and replaced and sUJX."fseded by this Midto\\'n Village Ordinance.. and Oit) this MidtO\\TI
Village Ordinance shall be in full force and cff~ct 'Tom and after its passage and signing by the
Mayor.
Section I
ApplieabUin' of Ordinanec.
Section I. J The Official Zoning Map of tb~ City ofCarmd and Clay Towm.hip, a part
of the Cannel/Clay Zoning Ordinance, is hereby changed 10 designate the land deS4:ribed
in Exhibit "A" (the "'Real Estate"). as a Planned Unit Development District to be known
as Midtown Village.
Section 1.2 Development in the District shalJ be governed entirely b)' (i) the
provisions of this Midtown Village Ordinance and its exhibits, and (ii) those provisions
of the Cannel/Clay Zoning Ordinance specifically referenced in this Midtown Village
Ordinance. In the event of a conflict between this Midtown Village Ordinance and the
Cannel/Clay Zoning Ordinance M the Sign Ordinance. the provisions of this Midtown
Village Ordinance shall apply.
Section 1.3 Any capitalized tennnot defined herdn shall have the meaning as set rorth
in the Carmel/Clay Zoning Ordinance in effect on the date of theenactmcnt of tbis
Midtown ViJJage Ordinance.
2
Section .'~ I.ermitted Uses and Development Requirements for tb~ Multi-Familv Mixed
Use Area Al All new constnlction. alterations and additions to buildings within the Multi-
Family Mixed Use Area shall be in accordance \'lith the following guidelines:
2.1 Pcrmined Uses. The uses set forth onExhihit liB" attached hereto are pcrmiltt:d in
the Multi.Family ~'fixed Use Area. Retajl and oflicc uses shall oniy be allowed on
the tirst HOOT of a building.
2.2Maximum Building }Jejf!ht. The height of any building shan not exceed lort)'-fivc (45)
feet.
2.3 Mitximpm Retail/Office Space. The maximum aggregate S4uare footage of)ca..~ablc
space used for office and lor retail uses shall not exceed ten thousand (J 0.000.00)
square feet.
2.4 Maximum Number of R~j;iclential Units. The ma.ximum aggregatC' number of
Rcsidcntialllnits shall not exceed one hundred fifty ( 150.00) units.
2.5 Hei~ht and Area Reauirements. TO\\11homc Buildings
2.5(a) The maximum Building Height is forty-five (45) feel.
2.5(b} There are no minimum front yard Set Backs.
2.5(c) There are no minimum side yard Set Backs.
loS( d) The m! nimum perimeter yard width is ti fleen ( 15 ') '~el.
2.5(e) The minimum building distance betwecn Buildings. measured from the
exterior face oCthe 'i.nmdalion. shall be ten ( 10) feet.
15ft) The minimum square footage of living space for an individual Townhnme
unit shall he one thousand eight hundred (1.800) square feet. cxdush'c of
any ganl.ges.
2.6 Height and Area Requirements - J\'fixcd Use Buildings
2.()(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.()(d) The minimum perimeter yard width is fifteen (J 5) feel.
2.6(c) 'Ibe minimum building distance between Buildings, measured trom the
exterior Jace of the foundation, shall be ten ( J 0) feet. .
3
2.6(f) The minimum square footage of living space lor an individual Residential
Unit shall be one Sewn Hundred fifty (750) square feet cxdu~ivc of any garages,
Section 3 Permitted Vses and Development Requircm~nts for tbe Mixed Use Area A2
All nc'" construction. alterations and additions to buildings within the Mixed Use Arca
shaIll:le in accordance with the following guidelines:
3.1 Permittedlh.es. The uses set fonh on Exhibit "e" attached heretoar~ permiued
in the Mixed Use Area. Retail andofJice uses shall only be allowed on the first floor
of a building.
J.2 !vfaximum BuHdiDl.! Height. The height of any building shall not CXCCt-d sixtY'''
five(65) feet.
3.3 Maximum Retail/Office Space. The maximum aggregate square footage of
leasable space used for office amllor retail uses shall not exceed ten thousand
(10.000.00) sqU<lre feel.
}.4 Maximum Num~r ()[J{esidl:rJtial U,n!ts. The maximum aggregate number of
Residellliall1nits shall not exceed one hundred 'fifty (150.00) units.
3.5 Height andAr.:aReglJjJ~l11eJ')ts -~1jxe(i Usc,BuHdinl:!s
3.5(aJ The maximum Building Height is SCVCt11)' (70) reel.
3.5cb) There are nt) minimumJront )'ard Set Backs.
':l. <".~
:!:2&
There art~,no minimum side yard Set Backs.
3.5(d) The minimum perimeter yard width is fifteen (15)fcCl.
J.5(e')The minimum buildiogdistance between Buildings. measured from the
exterior lace of lhe foundation. shall be ten t 1 0) feet.
3.5m The minimum squarctootage ofliving space 'or an indhddlual Residential
Unil shall be Seven Hundred Fifty (750) square feet, exdusiyc of any
garages.
Section 4, Permitted lJses aDd Development Reouirement, r"r the TDlIt'ohomt Area t\3
All new construction~ alterations and additions to buildings, within the Townhom.e An:a
shall be in accordance with the followine l!uideIines:
,-",. ""
4.1 Permitted Uses. The uses permitted in the Townbome Area arc Townhornes.
4.2 Maximum Buildinl! Height. The height of any huHdingsbaU nol exct'c-d fo.rtv-
five (45) feeL "
4
4.3 Maximum Number of Residential l!l1its. 'The ma.ximum aggregate number of
Residential Units shall not exceed Seventy Five (75.00) units.
4.4 JIcif.!ht and Area Requirement.s - Townhome Buildin1!s
4.4ia) The ma.ximum Building. Height is forty-Jive (45) feeL
4_~.:!f~) There are no minimum front yard Set Backs.
4.4( c) There are no minimum side yard Set Backs.
4.4(dl The minimum perimeter yanl width i~ fifteen (15) feet.
4.4(e) The minimum building distance between Buildings. measured from the
exterior face of the foundation. shall he ten (10) feet.
4 .4( f) '111C minimum square t()Ota,gc (?f living space for an individual Townhome
unit shall be one thousand eight hundred (1,800') square feet. exclusive of
any garages.
Section 5
Parkin~ RCQuiremenb
5.1 Parkinu f{egui.rement!1. -Townhomc Ruildinl!s
5.1(a) Parking areas shall be located to the rear urlhe Townhomc Buildings.
5.2(b) On-street parking may be used to fulfill parking requirements. and there shall
be a minimum of one ( I ) off-street parking space per Townhnmc.
5.2(c) Each Townhome shall contain a two (2) car garage and, in addililm. thcrc
shall be guest parking, provided within ()n~s1reet parking spaces and other
spaces to be provided on the site.
5.2 flarkinl! ReQuirements. -- Mixed Use Buildings
5,2(a) Parking for Residential Units shall be located in an enclosed garolge on the
lirsl floor of the building. and there shaH exist one (J) parking space per
Residential Unit
5.2(h) Al least one (J) parking space shall be provided for every 500 square feet
of Icas.'\ble floor area used Ihr commercial or office space contained in
the Mixed Use Building.
5
Section 6
5.2(c)
Unenclosed parking lots shall generally be located 3t the rear l'\C at the
side of buildings and shall be screened from the sidewalk/street by low
'....ails, fences or hedges.
5.2(d)
In parking areas c.lesigllcd to accommodaL~ mQre than fnuTs rows of
vehicles. a landscaped. separated pedestrian pathway shaH be provided
for sate access through the parking area to the front door.
5.2(c)
Ricyde parking shall be provided ill accordance with tbe requirements of
the proposed revisions to Section 27.06 - Bicycle Parking. of the City
Zoning Ordinance.
Land~aDinl! Requirements
6.1
Slimdards
6.I(a) PI;U1lin~ Standards. Landscaping shall be intc!;,'T;lted with other functional
and ornamental site design clements. where appropriate, such as barclscapc
maLerials. paths. sidewalks. or any \\-'ater featurcs. Deciduomi trees planted to
satisfy the landscaping requirements of this Ordinance shall have at least a two
and one-half inch (2-112") Calipcr and seven foot (7') height al the time of
planting, unless otherwise specified herein or otht.."rwisc indicated on any
conceptual landscape plan, submitted in connection with the ADtS proce~s
Evergreen trees shall be a minimum of six feet (6') in height at the time of
planting. Shrubs. ~hall be two (2) leetin height at the time of pJanting. AU 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. .maimenance and compatjbility with site
constnlclion reatur~s are critical factors that should be considered. Plantings
shnuld be designed with repetitiun. structured patterns. and complementary
textures and colors, and should reinforce the o\'emll character of the area.
6.1 (b) Maintenance. It shall be the responsibility of thc mmcrs and their agents to
in~ure proper maintenance of project landscaping approvcd in accordance \..ieh
this Midtown ViI1agc Ordinance. This is to include. hut is not limited 10_
irrigation and mulching of planting areas. replacing dead. diSt."3scd. or overgrown
pJantings with identical varieties or a suitable substitute. and keeping the area tree
of refuse. debris. rank vegetation and weeds.
~ Buildinl! na.~ Landscaoing. Townhomes. The building base landscaping
around each Townhome unit ,.hall include a minimum of three (3.) shrubs.
Additionally, there shall be a minimum of Lwo (2) shade trees per unit between
the unit and the sidC\valk. if the necessary area for planting is iu:aitabJe. If a shade
tree can not be planted between tbe unit and the sidewalk. that sbade tree wiU be
planted at an alternate. location on the site.
6
6.1 (d) Perimeter Planting/Buffer Y ard~ The num~r of perimeter plantjng~ and
the number of burter yard plafltings shall be in accordance with Section 26,M
Perimeter Buffering Requirements of the Zoning Ordinance.
6.He) Tree Conservation. Existing trees as identified as "Tree Conservation
Area" on any conceptual landscape plan submitted in connection with the AIJLS
process shall not be remtlved from the Real Estate excepl as tt)lIows:
I. As is necessary to clear underbrush and dead trees:
2. As is necessary for the installation of drainage improvements :md
infraslruC[Ure; and
3. As necessary lilr public health and s.1fety.
6.2Stfcet Trees. Shade trees shall be planted along all sireets within the right-or-
way, pandlcllo lhe street. And shall be installed per City standards
6.3 BLlflerovards
6.)ta)llu[f~n:~rds Where a Jot or parcel of ground used for busin,"ss abuts
residential property on the perimeter oflhe Real Estate. a buffcryard shall be
provided consistent with the folJowjng:
I. Minimum bufferyard width
a. fen ( 10) feet for landscap~ yards
b. Five 5 feel for buffer yards consisting of 6' high screen wan
of solid wood.
2. Encroachments. Accessory buildings may encroach within a landscape
bufferyard up to five (5) feel.
3. Plantings ~ithin landscape buffers shall consi~t primarily of shade trees
and shrubbery. howc\'er. wherever possihle, existing vegetatiun witbin
buffer yards shOLlld.be preserved.
4. Bufferyards shan replanted at the time of construction of buiJdin~s.
Trees shall be planted at intervals no Jess than ten ( 10) feet, nor mo~ than
fifty (50) feet Shrubbery may be planted infonnall,.. Of in rows and shall
screen parking areas, outside ofsturage arcas 14.>ading berths. trash and
refuse conlainers and so forlh from abutting Tes~dmtial.
6.4 Parkin!! Lot Landscabina
6.4(a) rnterior Landscaping A minimum or onc ()) shade tree and fh'e (5) shrubs
shall be planted within each parking lot for ewf'}' ten (J 0) spaces provided.
Planting areas shaH be evenly dispersed throughout tbe parking area.
7
6.4(b) Parkin!! Lot Perimeter Parkin!! A live (5) foot wide perimeter planting
strip s.hall be provided along all sides of which abut adjoining propenies.
t. The minimum required planting unit ILlr this area shall include: Three
(3) shade trees and twenty (20) shrubs per 100 Iincarfcct.
2. The perimeter planting area may contribute to or fumB buffer)'ard
planting requirements.
Section 7.
Conceptual Duildin!!. T\'pcs
Section 7.1
Architectural Dcsil!.T1 Requiremcnts:
7.J (a), Mixed Use Buildim! rendering and eleYation~:. Attached hereto and
incorporated herein. by reference .L" Exhibit" " are conceptual building
images of the types of Mixed lJ~ Buildings that may be constructed upon rhe
Real E~la1e. Architecrural and design c1cOltmts on all Buildings shall he
coordinated and should contain cummonelcmenls. The finaJ d("vC'lopmenr of the
Mixed Use Buildings depicted on the Conceptual Plan attached hl'Telo as Jl:s.bibit
" ., shall be subject to the ADtS process.
7.1 (b) Townhome Building rendenn!! and devations: Attached hereto and
incorporated berein by re lerence as Exhibit .. .. arc conceptual building imagcs
or the types of Townhome Buildings thal ma)' be constructed upon th~ Real
Estate. All Townhome Buildings cunstructed upon the Real Estate shaH include
Masonry on sevent.y percent (70%) of tIle front and side building c-Ic\'3tions,
excluding but not limited 10. doors. soffits. trim. windows. gabJes and roots.
Secondary building materials shall include. hut not be limited to. Hardi.plank
and/or Hardi-board or the equivalent thereof. The Iina) deveJopment of the
Townhome Buildings depicted on the Conceptual Plan .auachcd hereto as Exhibit.
.. II shall be su~ied to the ADLS process.
S~tion 8
Accesson Buildjnes and (:'ses
All Accessory Structtucs and Accessory Uses shall be permitted except that any detached
accessory building shown in any dcyclopment plan shall have on all sides the same archih.,:turnJ
features or shall be architecturall}' compatible with the principal buiJding(s) witb which it is
associated.
8
Scctio n 9
I)Jattin2
The plauing of the Real Estate into smaller tracts shall be permitted adminiSlrativcly. so It>ng as
the proposed plat complies with the area requirements set forth hereinabove in Sections 2, 3, and
4, and the creation of a new property line within the Real Estate shalJ nol impose or estahlish
new development standard.;; beyond those specified below in Sections 2.3. and 4, for the entirety
of the Real Estate. IIowever. the development of any parcel shall confonn 10 the requirements. of
Section 15 below, and all other applicable requirements contained in this Midu}\\TI ViHage
Ordinance.
Section 10
Li&btine ~eQuircmcnt5
Section 10.1 UghliVl.!Requirements
A. Each TO\\olmomc shall have a minimum of one (J) light on the fnml of
each unit. If only one (I) light is used. then it shan be loca1ed near (he
frnnt d()()r. A secund light may be located above or near the garage door.
if applicable, and aU light position(s) shall be consistent and/or
complimentary amcmg alJ units.
B. Each Townhome shall have a minimum of one (I) light HxtUtc on the rcar
of each uniL. however the light p{}~ition(s) shaH he cl.lJlsistenl and/or
c(Jmplimentary among all units.
C. Strt'cr lighting shall be provided as p31"t of all projects.. on lx..,th sides of the
street when possible. and spaced nu les~ than one hundred (I ()O) feC1 apart
and of a design per the adopted City style.
D. All exterior architectural.dispJay. decorative and sign lighting shaH be
generated from concealed, low level fixtures.
E. The ma.ximum height of I ight standards in parking areas shall not exceed
dlC building height, or twenty-five (25) feel, whichever is less. ,When light
standards abut or fall within ninety (90.) feet ofsrngle family residential.
their bei ght shall not exceed Ii fieen (] 5) feet.
F. Parking area lighting and stred lighting sbaH he of uniform design and
materials.
O. Exterior lighting shaH be architectuidlly integraled with Ihe building SI}'Je.
material and color. Rooftop lighting shall he prohibi1ed.
H. E~'tcrior lighting oflhe building or site shaH be designt"d so llmc tight is.
not din."'Cted orr'hesite and the light source is shielded fmm direct offsitc
viewing. For any use. illumination h.,>vels shall not exceed 05 r.,otcandfc at
the property line. . . .
9
Section 11
Si!!DS and Enln' Way \Val1
Section 11.1. Ground SiE!l}s and Entrv \Vall.
A. T vpc: Althe northern and southern entrance to the develnpmcnt. adjace.nt
to 3fd Avenue. one (1) Ground/Entry\,'ay Sign shall be pt.'Jll'iincd per
entrance. Either sign may be accompanied by a D13SODT)' \\'all not to
exceed 6' in height and 15' in length.
R. ~faximum Shm Area: Thirty (30) square feet cacho
C. lIlumination of Sign: External.
D. Sign Pcnnit: Required.
E. F~es: Required.
Section 12 Office/Retail Area of Mixed {j~e Suildines
Section 12.1 Storefronts.
12.1 (al Storefronts may be internally illuminated with spot or Of her
lighting, so as to display prominently and attractively the business Of its
products. Exterior lighting ma)' be at1ixed to the building. Any glass
incorporated into storefronts (()r (ina.lloor spac.es with retail uses shall
be transparent so as to allow views inlo and out of the spaces.
Section 12.2.
Permanent Sitms. A\mings and Murals.
12.2(a) Ground Floor occupants shaH be allowed 3 total of ('De and a
half (1.112) square feel of sign for each linear foot of street frontage.
12.2(b) Building signs shallfil within.the horizontal and \,ertical
clements of the ground floor of the building. and may n()t obscure
details of the ground floor of the building.
12.2(c) Signs may be perpendicular or tlat-mountcd. including
separately. mounted letters. Perpendicular sign~p shall not extt..'nd more
than l'ive (5) fect from the face of the building.
12;2(~1) No sign may extend beyond the ground floor cifthe building.
10
12.2(e) AUo\\'able signs may also be painted in graphics in storefn::mt
windows, provided that such signs do not exceed thirty percent (30%) of
the total window pan~. Signs may also be imprinted on 3\\llings. Signs
may also he painted on the sides of buildings. All such signs will he
included in the calculations for maximum sign area.
12.2(1) Retractable or tixed fabric aW"Ilings arc allowed but shaH only be
supported with building-mounted hardware.
Section 13 Mechanical Equipment
13.1 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. ~tone and other
attractive masonry screening materials. To the cxtent practicable.
mechanical equipment should be placed on the roof and s4:rccncd by the
parapet.
Section 14
Homeowners Assodariun and Declaration DC Co\'cnanls
Section 14.1 Declaration of Cove.nants and J lomco\\ners A'Osuciation: The Developer
shall prepare and record a Declaration of Covenants which shall alsQ contain various
proviskms regarding the Real Estate as dctcnnincd by the Developer. including, without
limitation, provisions for mandatory assessments and maintenance of cnmmon areas.
The Declaration of Covenants will also provide for the establishment of a Homeowners
Association in which memhership shall be mandatory.
Section 15. ADDrO\'alltroce!lli
. Section 15.1. A ooroval or Denjalof the Primary PlaVDevclopmcnt Plan.
A. Exhibit "0". which is attached hereto and incorporated herein bv
reference, shall serve a.~ the Conceptual Plan (1hc "CP'). Ho\\'cver. tbe CP
does not cOllstitute the approved development plan and primary plat for
the Real Estate. nor do~ it constitute the approved architecture. design.
lighting mId 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 St'Condary Plat and Final
Dc\'cJopment Plan approval procedures are set !tmh below in this Section
15. If there is a Substantial Alteration in the approwd ADLS and
de....elopment plan/primary plat. review and approval of tbe amended plans.
shall be made by the Commission. ora Committee thereof, pursuant tl> the
Commission!s rules of procedure. Ivfinor Alterations may be approved by
the Director.
II
n. The Director shall have the sole and exclusive author)ly to approve
without conditions, approve with conditions, or disapprove the Secondary
Plat (the "SP") and the Final Development Plan ("I:DP'") for tbe Midtown
Village Ordinance: provided. however, that the DiredM s,haIl not
unreasonahly \\'ithhold or delay the Director's approval of the SP and/or
fDP that is in substantlaJ. conl~mnance with the development plan/primary
plat and is in confonnance \\c;th the Development Requirements and
Dcvelopment Standards of this ~1jdtowll Village Ordinance. If the
Director disapproves any SP or FDP. the Director shan set fonh in \\Tiling
the basis for the disapproval and schedule the request for approval of the
SP and FDP for a hearing before the fuJl Plan Commission.
C. An amendment to the SP or FOP, which is not detennined by lne Direct{)r
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 Dir~"Ctor dClcrmiocs that there has
been a Substantia! Alteration or Material Alteration between tbe appruwd
development plan/primary plat and any proposed SP Of FDP. the Director
may, at the Director's discretion, refcr the amended SP or FDP to the
Commission. or a Committee thereof. for review and approval O)! the
Commission and/or a Committee thereof.
D. 111~ SP and FDP shall be a specific plan for the development of all or a
}ll'1rtlon of the Real Estate that is submitted for approval to tilt' Din.>t:tm.
which shall include reasonable detail regarding the facility and structures
to be constructed. as well as drainage. erosion controL utilities, and
building inllJmlation.
Section 16 DelinitioDs and Ruin of CooJ.trudion
Section 16. J Gmeral Rules of Coustmction... The foll{)'wing gent-'ml mlcs of
construction and definitions shall apply to the regulations of this Ordinance:
A. The singular number inc1ud1:s the plural and the plural the singuJar~ unless
the context clearly indicates the contrary,
B. Words used in the present tense include the past and future tenses. and thi;!
future the present.
C. The word "shaU" is a mandatory requirement The wo.rd "may" is a
permissive rcquircmcnL ThewonJ "should" is a preferred requirement
Section J 6.2 Detinitions
A. ADLS:. Architecture. design. lighting, landscaping and !>ignage.
12
B.
Acccssorv Strucrure:A structure subordinate to a building or use located
(In the Real Estate which is not used tilT pcnnanent human occupancy.
c.
Accessorv Use: A use subordinate to the main usc. located Oll the Heal
Estate or in th~ same building as th~ main lIse. and incidental to the main
use.
D.
Apartment A dwelling intended primarily for rentaL
F..
Buildinl! Hcicht:The vertical distance froIll the lot ground level to the
highc~t point of the roof for a flat roof. to the deck line of a mansard roof
and the mean height between eaves and ridges I'()r gable. hip and gambrel
roofs.
F.
Cirv: The Citv of Cam1t~1. Indiana.
====--- -
G.
Commission: The Carmel/Clay Plan Commission.
H.
Condominiums - A resid!:ntial Jiving unit or units as detined in and
governed by the Indiana Code. Sections. 32-25-1-1 to 32-25-9-2.
inclusive.
1.
Conceotual .PJafl: A general plan fin the development of the Real Estate
that is submitted for approval shQ\\;ng proposed facilities. buildings. and
structures. This plan gcncraJl)' shows landscape areas, parking areas. site
access, drainage features. and building locations and is depicted on Exhibit
"0", 'Iv'hich is at1ached hereto and incorporated herein by reference,
J.
Council: The City Council of the City ofCamlcl. Indiana.
K.
Count v: Hamilton County. Indiana.
t..
Declaration of Covenants: A Oeclar..1tion of Covenant.., Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder oLHamilton County. Indiana. and which ma}'. from time to time,
be amended.
1\.1.
DcvcloDInCnt Reauirements~, Development standards and any
requirements specified in this Midtown Village Ordinance which must be
satisfied in connection with the approval or a SccondaJ')' Plat or Final
lA"vclopment Plan.
N.
O.
Developer, C&.'11tcx HOInes. and its successors and assigns.
Director: Director, or Administrator. of Ihe Department of Ct)mmunit~,
Scrvit-cs for the City of Cannel. Indiana. "Director'" and .. Administmtor'"
shall include his/her authorized representatives.
13
P.
Dwelling. A room or combination of rooms designed for year-round
habitatiolL containing a bathroom and kitchen facilities, and designed ror
or used as a permanent residence by at least one person. which includes a
T ownhomc. Condominium and Apartment.
Q.
Finall)eve!Oj)Illcnl Plan, A specific pl;m for Ihe devdopment of the Real EState
that is submitted tell' approval showing proposed facilities. buildings.. i1nd
struclurc$., This plan rc,,'jcw includes general landsc~ping. parkins. dr~ir\rf~c.
signage. lighting and building informalitm for lhl; site.
R.
Homeowners Association; A nonprofit corporation established for the
promotion of the health. safety and welfare of the residents of MidtGwn
Village. and to manage. maintain. and repair the commnn areas ,,,'ilhin tm:
Real Estate and any improvements located thereon.
o.
Masonry: Masonry shall include brick, stone and/or stucco.
P.
Material Alteration: Any change to an approved plan of any type that
involves. the substimtion of one materiaL species, element. etc. for another.
Q.
Minot. Altcrati(,'D: Any change to an approved pian of any t)'PC that
involves the revision of less. than ten percent (10%) of the plan' s total area
or appm\'oo materials.
R.
~fixcd Use Area.fhat part of the District delineated as subdistrict A2
on the ~'1idto\\'n Village Sub District Map A on what is auached
hereto and incorporated herdn by reference as. Exhibit "0". The line
delineating the Mixed Use Area boundatic~ may be adju:)led by ten
(IQ) feet ill any direction.
s.
MixcdUsc Building., The combination of (1) atticc or commercial and (ii)
residt."11tial uses "lihin a single building of two or mOTe STories,
T.
Multi Familv Mixl.>d Use Area. That part of the District delineated as
subdistrict A I on the l\.fidtown Village Sub District !\'1ap A fm what is
attached hereto and incorporated herein by reference as Exhibit "D".
The line delineating the Multi Family Mixed Use Area boundaries
may be adjusted by ten (]O) feel in any direction.
u.
Parcel Coveraac; The total ground area. \Vilhin the Real Estate. covered
by buildings and ac.ce!\St)Ty structures which are grcatcrthan eighteen (18)
inches above grade level. excluding fences and \\'alls DOt attachell in an"
"'ay tn a roof. divided by the total horizontal area within the Real Estat~
boundaries.
v.
ReaIEstate~. 'l1lC Real Estate shall mean and refer to aU of the Real Estate
described in Exhibit "A+',
14
W. Residential Building. A building containing exclusively residential uses
within a single building oft\".o or more stories
X. Residential Unit. A single Dwelling. including a Townhome. Apartment.
and Condominium.
Y. Rhmt-ot:- Way: An area of land permanently dedicated to provide light. air
and access.
Z. Secondarv PIal, A specific plan lor the development of the Reat E~1atc
that is submitted U)T approval showing proposed facilities.. buildings, and
structures. This plan review includes general landscaping. parking.
drainage. crosion control, signage. lighting. scrt.-ening and building
information for the site.
A.A. Set Back: The least measured distance behveen a building or slruclur~.
excluding. ho,..'cver. porches. patios, and the perimeter ooundary of the
Real E.'itatc. For purposes of determining Set Back. the pcrime1er
boundary of the Real Estate (i) shaH always mean and refer to tbe outside
perimeter boundary line of the Real Estate and (ii) shalt not he changed or
reduced by reason or the platting or subdivision of tbe Rctd Estate into
smaller parcels.
BB. Sian: Any type of sign a,<; further defined and regulated b)' this Ordimmce
and the Sign Ordinance [fJT Carmel-Clay Towns-hip. Ordinance 2-196. as
amended.
CC. Substantial Alteratinn: Any change to an approved plan of any I)'))e that
involves the revision or k'J1 percent (10%) or more of the plan's total area
or approved ma.erials.
DU. TO\\-'Jlhnme: An attached dwelling intcnded for occupancy by a single
family.
EE. Townhomc Area. That part of the District delineatcd as subdistrict :\3
on the Midl",\'n Village Sub District Map A on "hat i~ attached
hereto and incorporated herein by reference as. Exhibit "D"'. The line
delineating the ~()wnhomc Area boundaries may be adjusted by len
( J 0) feet in any direction.
FF. Townhonie Buildinl.!: A structure containing. attached dwdlings.
GG. Trim: Soffits. architnlves, wood reveals, and casement around doors and
\\irniows.
15
Section t 7. Violations
An violations of this Midtown Village Ordinance shall be subject eo Section 34.0 of the
Cannel/Clay Zoning Ordinance.
PASSEl> by the Common Council of the City of Carmel. Indiana this ...~ day of
. 2006. by a vote of ayes and nays.
COMl\lON COUNCIL FOR TJJECITYOF CARMEL
Pres.iding Officer
Kevin Kirby
Richard L. Sharp, Presidtmt Pro T emp..-rre
Brian D. Mayo
Fredrick 1. Glaser
Mark Rattermann
..
Joseph C. Griffiths
Ronald E. Caner
ATTEST:
Diana L. Cordray. lAMe. Clerk Treasurer
]6
Presented by me to the Mayor of the City of Carmel, Indiana the
.2006. at u'clock . !'at
day of
Diana L. Cordray. lAMe. Clerk Trea.~urer
Approved by me, Mayor of the City of Cannel. Indiana. Ihis
.,.2006. at ~='"" o'clock ,=~_.M.
da}' nf
--....
James Brainard, Mayor
ATTEST:
Diana L Cordray. lAMe. Ck':rk Treasurer
TIlis Instrument prepared by: La\'mmce J. Kemper
NELSON & FRA!\KENBERGER
3021 F..a!)t 98th Street, Suite 220 .
indianapoJis. IN 46280
This [n,')lmmcnt re\'icwoo by: Jonathan [~S
Centex Homes
8440 Allison Pointe Boulevard. Suite 200
Indianapolis. IN 46250
1I"olnj.cal",,'.Mai~ Slleol.\; :l:do\<en..rl'l n o.Sf1112:>'J, 4<><'
[7
EXIUBIT U,A"
Le2al Destription
TRACT .. A" - Corporate W..rranty Deed - Deed Record 311, Paf;e 559
A part of the Southeast Quaner of Section 25. Township 18 North. Range 3 Ea'Ol. Hamilton
County. Indiana. more particularly described as tollows: Commencing at the Northeast comer of
the West half of said Southeast Quarter Section; nmning thence South 0" IS' Wl.'St .dong the East
line of said Yz % Section and along the East Hne of 4th Avenue S.W., in the Town of Carmel:
Thence North 89" 09' East and alon!! the South line of 2nd Street S. W.: Thence South (10 41' 3{)"
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 of31d Avenue S.W. and the South line ora dedicated
Street: running thence South 0041' 30" West and along the West line ofJrd Avenue 108.90 feet:
Thence North 89048' West 267.20 feet: Thence North 0" 10' east 105.15 [cetto lhe South line
ofa dedicated Street: Thence North 8<r24' East 268.21 Il-et to the point nfbeginning containing
0.657 acres more or less.
ALSO:
TRACT "Bfl_ Warranty Deed -Deed Record 295, Page 704
The following described real estate located in Ilamihon C()ul1tv~ Indiana:
A part of the Southeast Quarter of Section 25. Township 18 North, Range J Ea....l. described as
foHows: Begin at a point 1466.7 feet west and 1109.0 leet North of the Southwest corner of the
Southeast Quarter of Section 25, Township 18 North. Range 3 East. n1ll1hcoce north on nnd
alung a fence line being parallcl with the east line of s.1id Southeast Quarter 100.0 feet to an iron
stake. thence soUlhcasterlr 267.2 'eel to a comer post and iron s.take. thence southwesterly on
and along a fence line 100.0 fcello a point said point being 166.0 feet cast ofthc place of
beginning. thence west parallel with the North line "f this plot to the place of beginning.
Cona.aining 0.61 acres more or Jess.
TRACT "C" - \Varranl)' Deed - Deed Record 295, Page 704
The following dl'SCribed real estale located in Hamilron Counlv.lndiana:
A part ufthe Southeast quarter of Section 25. TO\\l1Ship 18 North. Range 3 East, described as
follows: Begin ~l an iron stake 1466.7 feet West and 709.0 feel North ofthe SOmhca....t comer of
the Southeast quarter of Section 25, Township 18 North~ Range 3 East. run thence nurth on and
along a fence line 400.00 feet to apoin~ said point being 266.0 feel west of the west Jine of Jrd
A venue Southwest in the Town of Carnlc!. Indiana, thence east 266.0 fcct 10 a point on the west
line of said 3rll i\ venue Southwest; thence ~outhcrly on and along the west Hne ,)f said 3rd A Ycnuc
Southwest, 400.0 feet to a point.. said point being on a line 704.4 feci nonh of the south line of .
said Quarter Section. thence west 261.0 feet to the place ofheginning; Containing 2.43 acres.
more or less.
TRACT "'D" - Warranty Dud - Deed Record 312, Page 254
18
~\
A part of the Southeast Quarter of Section 25. Tmmship I & 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 heing 1.:143.44 fet:t SouLh and 166.2 measured (1622Jeet Deed) East ofthe North\'Io'e$t
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 Streel.326.0 !~et to a point. said point being 18.6
teet West oflhe West right of way line of the Monon Railroad. thence South parallel ,..'iih Fa~t
line ot"Nonh 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 NOr1hand 50mh Street:
thence 100.0 feet North along with the East line of said Strcd to the place of beginning. in Clay
Township, I larnilton County. Indiana. containing O. 75 acr~~. mQre or less.
TR.o\CT "f:" - Warranty Deed - Deed Record 312, Page 254
A part of the Southeast Quarter of Scction25. TO\l.'nship 18 North. Range 3 East. descrilx.>d as
loUows:
Beginning at an iron stake 1443.44 feet sougband 165.5 feet East of the Northwest corner of the
East hal r of the Southeast Quarter of Sect inn 25, Township 18 North. Range 3 East. said point
being on the East line of3rd Avenue Southwest in Carmel. Indiana; thence Ea.st 3475 fcct
(347.14 tl-et by measurement) to a point in the West line of the righlofway of the Monon
Railroad; thence Southerly on and along the West line of the Monon Railroad right of way 3
distanccof247.7 feet: thence West parallel with the Nonh line of this property a distance or
354.4 feet 053.42 feci by measurement). more or less to an iron stake on the East Hne ()f ~id 3rJ
Avenue Sourh\\'cst); thence Northerly on said East line of said 3'4 Avenue South",e~t: thence
Northerly on said EaSlline of said 3rd Avenue 247.7 feet to the placeofbcginning,
EXCEPT: Twenty-six (26) feet by parallel lines offIhe Ea';t side thcrcofbeing the twent}'.six
(26) teet conveyed It) !v10non Railroad hy Warranty D~cd dated AUgtL'5t 13. 1959. r~cordcd
AugusI 28. 1959 in Book 161. page 529. in the office of the Recorder of Hamilton ('ounty!
Indiana. Parcel 11 herein convcyed contains 1.85 acres morc or less.
TRACT "F" - Quitdnim Deed -Instrument Number 1998-66931
Part oflhe Southeast Quarter of Section 25. Tcmnship 18 North. Range 3 East described as
follows:
Begin at an iron stake 1691.14 feel South and 161.78 Jeet East of the Northwe~l comer ()f the
East Half of the Southeast Quaner of Section 25. Township lK NQr1h, Range 3 East. said point
being the Southwest comer of Plat 3 of the Canada Dry Corporation pmperty and the Ea.~t Hne of
3rd Avenue S. W.: thence East on and along the South line of the Canada Dr)' Corporation .
propcrty 341.5 feel h) a point. said point being 53.0 feet West oflhecentcr urthe C.I. & LR.R.
Main lrack~ thence Southeasterly on and along a line 53,0 fecl West of the celltcr l)f the Marn
trace, 254.0 feel t(l a poinl~ said point bdng590.2 fL~t North of the Soulh line of said Southeast
Quarter; thence West parallel \\ith the North line uflhis Tract 34C).O le~t to a point tm tbe Ea...;t
line of 3rd Avenue. S. W,; thence North un and along the East line of said )id Avenue. 254.0 feet
to the place of beg inning.
19
...
TRACT "Goo - Quitclaim need - Instrument Number 1998~66931
Part of the Southeast Quarter of Section 25. Township J 8 North. Range 3 East in Hamilton
County. Indiana. Jcscribcd as i(llJOWS:
Begin at an iron stake 1945.14 feet South and 158.7 feet East of the Northwest comer of the Fast
Ilalf Oflh~ Southcast Quarter "fSection 25. Township 18 North. Range 3 East. said point being
on the East line of3rd Avenue Southwest. thence Ea...t 349.0 lcct to a point, sajd point being 53.0
feet West of the center of C.!. &. LR.R. Main track;lhence Southeasterly on and along a line
53.0 feel West of the center of the said Main track, 95.3 feet to a point. said pllint being 594.0
feet North of the South line of said Snuthca.4"i.t Quarter: thence Wt."Stcrfy on and alt.lng a fence line
351.8 feet to a iron stake on the East line of 3fd A vcnue SouthweSl~ thence North on and along
the Ea~t line of said }rd A venue. 99.3 fect to the place of beginning.
20
Corporate \Varrant}' Heed - Deed Record 311, I)age 557
A part of Sectinn 25. Township 18 North. Range 3 East in Hamilton County, Indiana. mor~
particularly described as followc;:
C(1mmencjng at the Northeast corner of the West Half of the Southeas.t Quancr of Sttljon 25.
TOv"l1Ship 18 Nurth. Range 3 East~ thence South 00 degrees 03 millUlcs 44 seconds West
(assumed bearing) un and along tJIC East line of the WesllJalf of ~aid Quarter and the East right-
of-way line of 4th' Avenue. S.E.. 732.44 feet to the South right-of-way line of21l:j Street. S.W.:
thence North 89 degrees 07 minutes 29 seconds East on and long the said South line) 22.) 5 f~et
to the West line of3rd Avenue, S.W.; thence South 00 degrees 32 minutes 30 seconds WeSeI on
and along said West line 701.60 leet; thence North 89 degrees 48 minutes 00 seconds West
261.50 feet; thence South 00 degrees 10 minutes 25 seconds West294.85 feet to the place of
beginning of this tract~ thence continuing South 00 degrees 10 minutes 25 seconds West 9) 4.60
fed to a point on the South line of said West Half which is 153.60 feet South 89 degrees 13
minutes 17 seconds 'West (lfthe S(lutheasl corner of said West Half: thence South 89 degrees J3
minutes 7 seconds West on and alnng said South line 924.06 feet tll the Southeast comer of
Wilson Village, Third Section~ as recordec.l in Plat Book 3. Page 7 in the Office of the Rcc()rul..'T
of Hamilton Counly. Indiana: thence North 00 degrees) 3 minutl:s 00 seconds East on andaJong
the East line thctCt)f toJ 1.53 feet; thence North 89 degrc~ 32 minutes 04 seconds Ea..~t420.00
leet; thence North 00 degrees I 0 minut~s 25 seccmdsEa....t288. t2JeellO the Soulh rjght.of-way
line of Industrial Drive. said JXlint being 771,43 teet South 89 degrees 32 minutes 04 second.co
Wc..-st of the West right-of-way line of3cd A venue. S. W.: thence North 89 degrees 32 minute~ 04
second... F-ast on and along said right-of-way 50.00 feet: thence South 00 dcgret.'S JOmjnu1es 25
seconds West 188.12 feet~ thence North 89 d~grces 31 minutes 04 ~condl; Ea...l 101.21 feet':
tht."JlCC South 00 degrees I 0 minutes 25 seconds West I i 1.88 t~et; thence North 89 degrees 32
minutes 04 seconds E.1St 350.00 feet to the place of beginning. containing 2).2S acres. more or
less.
Except: Warranty Deed - Instrument Number 2004-65493
A part of the West Half of the Southeast Quarter of Section 25. T oWllship 18 North. Range ::;
East in Clay Township, Hamilton Count)', Indiana described as follows:
Commencing at the Nonhcast comer of the West Half of the Southeast Quarter of Section 25.
Township 18 N(mh. Range 3 East: thence South 00 d~~5 19 minutes 21 scc()nds West
(assumed hearing) on the EasUine of said West Half 732.44 feet to the South right-of-wu)' line
of Second Street Somhwl'St; thence North 89 degrees 15 minutes 46 seconds East on said right-
of-\\<'3Y line 122,15 feet, deed (124.43 feet. mea'5ured) to the West right-of-way line t)fThird
Avenue Southwest;. thence South 01 degrees 03 minutes 30 seconds West 592.70 feet to the
SOllth right-ot~way Hoe of Indu.'1trial Drive~ thence S()uth 89 degrees 48 minutes 32 seconds West
of said South right-of-way Hne 721.43 feet to the Nonhwest comer of real estate described in a
Warranty Deed recorded on pages 646 and 641 in Deed Record 362 in the omce oftbe RC\."'t1rder
of Hamilton n)unty~ Indiana; thence South 00 degrees 25 minutes 04 seconds West on the \\,'esl
Hne of said real estate 288.12 feet to the Southwest comer of said real estate and the Place of
Beginning of the \.\'lwin.describcd real estate; thence North 89 degrees 48 minule~ .'Useconds
East oTllhe South line of said real estatc.nnd paraJJel with Ihe South right~~')r-'way line (If
fndustrial Drive 103.21 feet to a point on the West line ofreat estate described in a Warrant)'
21
Deed recorded as Instrument #8821662 in said Recorder's Office: thence South 00 degTC'es 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]2 seconds West parallel with said right-oi.way line
103.21 feet; thence North 00 degrees 25 minutes 04 seconds East 111.88 feet to the place of
beginning.
Also Euept: Corporate \Varranty need -Instrument Number 1996-3230
(Park$idc Villag~, Section One)
Part of the Southeast Quarter of SL'Ction 25. Tovmship 18 Nonh. Range 3 East in Clay Township.
Hamilton County. Indiana. described as follows:
Commencing at the Northeast comer of the West Halfofthe Southeast Quarter afSection 25.
Township t 8 North Range J East. thence SOUlh 00 degrees 19 minutes 21 sccoml$ West
(assumed hearing) on t.he East line of said \Vest Half 732.44 feet to the South right-:of-way line
of Second Street SW: thence North 89 degrees J 5 minutes 46 seconds East on said South right~
of-way line 122.15 fcet deed (124.43 feet measured) to (he West right-or-way hne of'111ird
Avenue SW; thence Somb OJ degrees 03JlJinmes 30 seconds Wes't <m said West right-ot:\,'a)'
line 592.70 feet to the South right-of:way line of Industrial Drive; lhence South 89 degrees 48
minutes 32 seconds W cst 268.2 t rectto the Northwest comer of a parcel of real estate described
in a Trustee's Dccd recorded on page 187 and 188 ofOecd Record 259 in the Office of the
Recorder of Hamillon County. Indiana, said corner heing also the Northeast comer ora parcel of
real estate described in a Warnmty Deed rccordt.-d un pages 439 and 440 of Deed Record 300 in
said Recorder's Office: thence South 00 degrees 25 minutes 04 seconds West on thecommQn
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 ~~conds East of a Stone on the South line of said
Southeast Quarter Lhat is 153.60 feet West of the Soulhea.'ll comer of the West Half of said
Soulheast (marteT. said point being also the Southwest comer of real estate described in a
warranty Oeed recorded on Page 74; of Deed Rccord 287 in said Recordcr~s omce and the
()LACE OFBEGINNINC; ()ft~e within described real estate; thence south 89 degrees 26
milllm~s 16 seconds West parallel with the South line of said Southeast Quarter 453.26 feet to a
point on a line that is tbe Southerly prolongation of the West line or a parcclofre-aJ estate
describt.--d in a Corporate Warranty Oct."d recorded on pages 646 and 641 of Deed Record 362 in
said Recorder"s Office; thence South 23 degrees 36 minutes 26 seconds West a distance of 25.22
feet: thence South 00 degrees 33 minutes 44 seconds East a distance of WO.OO feel; thence south
02 degrees 18 minutes 20 secondl'; \\[est a di~1ance of 50.06 feet: thence South 00 degrees 33
minutes 44 seconds East a di~bnce of r 00.00 feet; thence South 89 degrees 26 minu1es J 6
seconds West a distance of'55.40 tL~t; thence North 88 degrees 19 minutes 04 seconds West a
distance of 50.01 fect; thence North 89 degrees 32 minute!> 17 seconds West a distance of J 57
feet to the Easterly line of WATSON VILLAGE, SLXTH SECTION, a subdivision in Hamilton
COllnty, Indiana. the plat of which is recorded in Plat Book 3. page43 and 44; thence South 00
degree:.; 21 minutes 43 seconds West along.said East line a distance of 325.72 feet to lhe South
line of said Southeast Quarter; thence North 89 degrees 26 minutes 16 seconds I3...~t along said
South line. passing through the aforesaid stone that is 153.60 feet West of the Southeast comer of
said West HOllf a total distance of 1185.30 feet to a point on the Westerly right-of-way line of
Third Avenue, Southwest, said point being loc.ated 1204.35 feet South 89 degrees 26mjnutcs 16
seconds West of the Southeast corner of said Southea..t Quarter. per DEDJCATJON OF PUBUC
RIGHT-OF~WA Y TO THE TO\VN OF CARMEL.INDIA~A. as record~d on pages 20 and 21
22
of Deed Record 239 in said Recorder's Onice; thence ~orth 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 Nonh &9
degrees 25 minutes 50 seconds East from the place of he ginning, said point being alsrl the
Southeast comer ofthe aforesaid real estate described in the Warrant)' Deed n~cClrded on page
745 of Deed RecQrd 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 Exc:ept: Corporare Warranty Deed -Instrument Numher 1996-3335
(Parksidc Village. Section Two)
Part of the Southeast quarter of Sectiun 25. Tm...nship J 8 North, Range 3 East in Clay Township.
Hamilton County. [ndiana. .describcd as fi)IJows:
Commencing at the Northea.~t comer of the W cst Half of the Southeast QuartcT or Section 15.
Township 18 N onh. Range 3 East: thence South 00 degrees 19 minutes 21 seconds W cst
(a$sumed hearing) on tile East line of said Wet HaJf732.44 feet to the South right~of-wll:Y line t.lf
Second Street SW: thence North 89 degrees 15 minutes 46 seconds East on said Snuth right-of..
way Hne 122.15 feet deed (124.43 feel, measured) to the West righl.o{}f-way line of Third Avenue
SW~ .hence South 01 dcgrc~-s 03 minutes 30 seconds Wcst on said West righl-of-way line :592.70
teet to the South right-of-way line of Industrial Drive; thence Sl.'tulh 89 degrees 48 minutes 32
seconds West 268.21 feet tu the Northwest comer of a pared of rea1e~tate described in a
Trustee" s Deed recorded on pages 187 and 188 of IA'Cd Record 159io the Office of the Recorder
of Hamilton County. Indiana. said comer being a150 the Northeast comer of a par('cl of real
Cl)late describ.~ in a W'aw.mty Deed recorded on pages 439 and 440 of [)ecd Record 300 in said
Recorder's (}ftice~ thence SOUdl 00 degrees 25mjoules 04 sccond~ West l..ln the common line
betwCt."11 said parcels of real estate and the prolongation thereof 721.59 feet to a point that is
594.00 tecl 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 (lfthe Southeast corner of the West Ilalf of said
Southeast Quarter. said point being also the Southv.L'St comer of real estate described in a
Warranty Dcl.-d recorded on page 745 of Deed Record 287 in said Recorder's Oftice; thence
South 89 dcgree~ 2(j minutes 16 seconds West parallel with the Soulh line of said Somhea...t
Quancr 453.26 feet to a point ()n a line that is the Southerly prolongation uflhe W cst line of a
parcel of real estate described in a Corporate W arranty D~d recorded on pages 646 and 647 of
Deed Rt..'Cord 362 in said Recordcr.s Office and thcPL:\(~E OF BEGINNING ofthc within
described reat estate: thence North 00 degrees 25 minutes 04 seconds East ()Jl said line 274.53
ft."et to a point ihat is 450.00 feet South 00 degrees 25 minutes 04 seconds West oflhc S()uthcrly
right-of-way line of the aum:said Industrial Drive: thence South 89 deerct:5 "'8 minutes 32
seconds West parallel with said right-t)f-way line 50.00 feel to a point ~n a line that is the
St)utherly 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 Nonb 00
c..Iegrees 25 .minutes 04 seconds East on said line 161.88 teet fo the Soutbeastcrlv comer of said
real estate; thence South 89 degrees 48 minutes 32 seconds WeSI em the Southe~Jy fine of said
real estate and the Westerly prolongation thereot: measured parallel with the Soutb rJcht-t}l:wav
line oftndusnial Drive 420.00 feet to the Ea...lerly line of WILSON VILLAGF_ TI miD .
SECTION, a subdivision in Hamilton County, Indian, lhe plat of\\'hjch is recorded on page" (tf
Plat Book 3, page 7 in ~id Recorder's OJlice. thence South 00 degrees 27 minutes 43 scctmd
West on saidJ?.astcrly line and the SCluthcrly prolongation therooJ: being the cll".erly Jine of
WILSON VILLAGE. SECOND SECTION and the Easterly line of WILSON VIl.LAGE
23
SIXTH SECTION as per the plats thereof recorded in said Recorder's Onice a distance of
707.75 feet to a point 317.71 feel distant North. measured along the Ea'>terly line of said SIXTH
SECTION. from the South line of said Southeast Quart.::r, thence South 89 degrees 32 minutes
17 seconds East a distance of 157.00 leet; thl.'ncc South R8 degrees 19 minutes 04 seconds Fast a
distance "f 5(1.01 feet: thence North 89 degrees 26 minutes 16 seconds East a distance of 255.40
feet: thence NonhOO degrees 33 minutes 44 seconds West a disl;mce of 100.00 leet thence
North 02 degrees 18 minutes 20 seconds Ea~t a distance of 50Jl6 feet: [hence North 00 degrees
33 minutes 44 seconds We~t a distance of 100.00 feet; thence North 23 degrees 36 minutes 26
seconds East a distance of25.22 feet to the PLACE OF BF.GINNING. Cnntaining 7.422 acres,
THEABOVE-DF.SCRJBED REAL ESTATE \VAS I'OlJND BY TInS SlIRVEY TO BE
DESCRIBED AS FOLLOWS:
A part of the Southca~t Q\41rtcr of Section 2:5. Township 18 North. Range 3 East. Clay
Township. Hamilton County, Indiana. more particularly described as tollov.'s:
Commencing at the: ~ortheast comer of the West Half of 5<lid Quarter Section: thence South {lO
degrees 04 minutes 14 seconds West along the East line of said Hall' Quarter Section and the
East right-of-way line of 4lh Avenue. S.E a distance of 732.44 feet to the South right-or-way fine
of2r.d Street, S,W.~ thence North 89 degrees 02 minutes 19 seconds East along said South right-
of-way line 125.90 feet to the Wesllinc of3rd Avenue. S.W.; thence South 00 degrees 50
minutes 40 secunds West along said West line 701.60 feet: thence North 89 degrees 38 minutes
50 seconds West 267JJ3 Icel: thence South 00 degrees 13 minutes 56 seconds West 294.86 feet
to the POINT OF BEGINNING of this dl'Scription; thence continuing Suuth 00 degm.--s J:;
minutes 56 secollds West 320,41 feet to the N(lrth line of Parksidc Village, Section One. the plat
of which is recorded as Instrument Number 1996-29979 in Plat Cabinet I. Slide 692 in the
Ofl"icc of the Recorder. Hamilton County. Indiana~ thence South 8~) degrees 11 minutes 54
seconds West along said N(lrth line 452.66 feet to the Ea."t line of Parksidc. Village. Section Two.
the pial of which is recorded as Instrument Number 1997-9194 ill Pial Cabinet I, Slide 763 in
said Recorder's <mice; thence along the bounds of Parkside Village, Section Two b)' the nex 1
four (4) courses; I" North 00 degrees 10 minutes 42 secondsEa~t 274.53 fect; 2) South 89
degrees 34 minutes 10 seconds West 50.00 'e.et; 3) North 00 degrees 10 minutes 42 seconds East
161.88 feet; 41 South 89 degrees 34 minutes 10 seconds West O.191cettv the East line oftbe real
estale described in Inlitrument Numb(-r 1998-2091 in said Recorder's Office; thence NOI1h 00
degrees 13 minules 56 seconds East along said ca<;t line 286.78 feel to the South right-of-way
line of Industrial Dri vc. said point being South 89 degrees 33 minutes 10 seconds East 771.43
feet from the West right-of.,way line of3Jd Avenue, S.W.; thence North 89 dt:'grees 33 minutes 10
seconds Ea..t along said South right..of-way line ;0.00 feet; thence South 00 degrees 13 minutes
56 seconds West 400.00 feel: thence North 89 degrees 33.minutes 10 seconds East 453.22 feet to
the place of beginning. C'ontaining3.859 acres. more or less.
24
EXIUBIT "8"
NESIDEVTlAL
Attached DViclling
Multiple Family Dwdling
Home Occupation
OFFlCF.
Clinical or Medical Health Center
Research LaburatoryiF acility
General Otliccs
ProfessionalOllices
RETAIL & SERVICE
General Retail Sales
General Service
Cafe
Delicatessen
Coffee Shop (with or \\'ithout drive~thru)
Dry Cleaning Establishment (w/o on-site planl)
Financiallnstitulioll
Automated Teller Machine (AIM)
Self-S('7vice Laundry
\Vholesale Sales
CUl.rr)R.ALiE:\TER1~UVMENT
Restaurant~ without drive~thnJ food ~ales.
with full service bar and live musical entenainment
25
EXHIBIT ~~(~'
REr.;IDENl1AL
Attached Dwelling
!vfultiple Family Dwelling
Home Occupation
OFFfCE
Clinical or Medica! Health Center
Research Laooratory/Facility
General omces
Professional Offices
Rl:.TAIL & SERVICE
General Retail Sales
General Service
Cafe
Oelicatessen
Coffee Shop (with or without drive-thm)
Ory Cleaning Estabtishmcnl (w/o on-site plant)
FinanciallnSLilution
Automated T dler Machine (ATM)
Self-Service Laundry
Wholesale Sales
cur lVRA l.JE.\TERTAIN,HENT
Restaurant. without drive-thm food sales.
with full service bar and live musical entertainment
il....br.lJ'<.Cenlex..Maill SUt"i:1 &. lrd A"CIIu,:\I't.;O 1.lr:U1 rU7\iS.Jvc
26
J.
~
e
':=;{ ".
......, ~
Q
t... t1
t.(
W
/ ft
o
fl, ti
~j;
~" ~~
t ~ r'J
:z :.r,
,. .
r ..<::'":
~, :::i.?i'
~ ~,-,;i1
f; ;;:;\1':
. <:f!:-;
tl ,~fi,~
~ ~,e::
::: -::~;.t
~~:U
(..n--
't~.
"
,I
-
~:
Q
Z;'
6:
:L:
,2
r.
,
;;. ',<"
I
,t
"I
'i'
t:
!!.~;,..
:;c,'a.' ,',
m''":~'
"~9
:u:
,~ '!If,~'t ,
<
Q..
=:
~
...
Cj
....
;..
......
CI')
.JIIIII!
~
..c.
=
r.I:J
<IJ
ell
=:
~:
~
....
~
=
~
Q
~.
'"C
~
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Assistant Building Commissioner
One Civic Square
Carmel, Indiana 46032
ATTENTION:
Jim Blanchard
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (Future A.D.L.S)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
{1dw~f2~
Cc: Jonathon Isaacs
~ !~!!~eb
\ \~75\B1" _BooklA",,,,- C."""".d'"u\TRAN.....B1dgC<>mmBl..'ha...Ol-04-06.DOC
\
- I
I
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Carmel City Utilities
760 Third Avenue SW
Carmel, Indiana 46032
ATTENTION:
John Duffy
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (Future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
r X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel T AC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
ff~(. 1~
Edward E. Fleming
Cc: Jonathon Isaacs
I EEF/meb
\,,~'I5317S\BIU' _BookIA,,,,, _ """"pond"tt\TRANsc.'m"Ch,Utititi~DuOYOl "'~
\
-!
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Carmel Clay Communications
31 First Avenue NW
Carmel, Indiana 46032
ATTENTION:
Bill Akers
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P. U .D. District Filing (Future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
fi~(.I/
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue _ Book\Agency _ Correspondence\TRANSCarmeIClayCommunicationsAkersOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Carmel Clay Parks
760 Third Avenue SW
Carmel, Indiana 46032
ATTENTION:
Mark Westermeir
RE:
Midtown Village
WE ARE SENDING YOU [X ] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel T AC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
tfl~(( 1~
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue_ Book\Agency _ Correspondence\TRANSCarmeICIayParksWestermeirOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Carmel Clay Schools
5201 East 131st Street
Carmel, Indiana 46033
ATTENTION:
Ron Ferrand
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one setofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel T AC meeting on January 18, 2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
t{fJ( It
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue_Book\Agency _ Correspondence\TRANSCarmeIClaySchoolsFerrandOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 AlIisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Carmel Engineering
One Civic Square
Carmel, Indiana 46032
ATTENTION:
Gary Duncan
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will fmd one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18, 2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
rL~( IL
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue_Book\Agency _ Correspondence\TRANSCarmeIEngineeringDuncanOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Carmel Police Chief
Three Civic Square
Carmel, Indiana 46032
ATTENTION:
Michael Fogarty
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
t:e~.~e~'~
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue _ Book\AgencL Correspondence\TRANSCarmeIPoliceFogartyOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 AllisonviIle Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Carmel Post Office
275 Medical Drive
Carmel, Indiana 46032
ATTENTION:
Postmaster - Cindy Klaiber
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, sign age and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
rj~('/~
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue _Book\Agency _ Correspondence\TRANSCarmeIPostmasterKlaiberOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Clay Township Regional Waste District
10701 North College Avenue, Suite A
Carmel, Indiana 46080
ATTENTION:
Jennifer Bruner
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
flJ-(. ? t.--:-
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue _Book\Agency _ Correspondence\TRANSClayRegionalW asteBrunerOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
CrossRoads Engineering
3417 South Sherman Drive
Beech Grove, Indiana 46107
ATTENTION:
Gregory Ilko
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
) As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
f~~(. t I-
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue _ Book\Agency _ Correspondence\TRANSCrossRoadsEngineeringllkoOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fisbers, Indiana 46038-2005
Pbone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Department of Community Services
One Civic Square
Carmel, Indiana 46032
ATTENTION:
Scott Brewer
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel T AC meeting on January 18, 2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
rf~.{. 7-~
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb .
S:\53175\Blue _ Book\Agency _ Correspondence\TRANSDeptOfCommunityServicesBrewerOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 AllisonvilIe Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Hamilton County Health Department
One Hamilton County Square, Suite 30
Noblesville, Indiana 46060
ATTENTION:
Matt Griffm
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, sign age and building plans) will be forwarded at a later
date. Please review for the next Carmel T AC meeting on January 18, 2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
&L~(, ? L
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\5317S\Blue_Book\Agency _ Correspondence\TRANSHamiltonCountyHealthLeMasterOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Hamilton County Soil & Water
1108 South 9th Street
Noblesville, Indiana 46060
ATTENTION:
John South
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
f~J(.1~
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue_ Book\Agency _ Correspondence\TRANSHamiltonCountySoil&W aterSouthOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Hamilton County Highway
1700 South 10th Street
Noblesville, Indiana 46060
ATTENTION:
Mike McBride
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (II" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
tJlv-;LC, 1 ~
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue _ Book\AgencL Correspondence\TRANSHamiltonCountyHighwayMcBrideOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Ailisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Hamilton County Sheriff's Office
18100 Cumberland Road
Noblesville, Indiana 46060
ATTENTION:
Brooke Gajownik
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
f)~(I~
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue_ Book\Agency _ Correspondence\TRANSHamiltonCountySherifIGajownikOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Hamilton County Surveyor's Office
One Hamilton County Square, Suite 188
Noblesville, Indiana 46060
ATTENTION:
Greg Hoyes
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, sign age and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
f;.0~~2C
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue_Book\AgencL Correspondence\TRANSHamiltonCountySurveyorHoyesOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Office of Fire Chief Station #1
Two Civic Square
Carmel, Indiana 46032
ATTENTION:
Gary Hoyt
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, sign age and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18, 2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
~/:J(, ~
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue_ Book\Agency _ Correspondence\TRANSCarmeIFireChiefHoytOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 AlIisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Panhandle Eastern Pipeline Company
9371 Zionsville Road
Indianapolis, Indiana 46268
ATTENTION:
Teresa Magee
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
J
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, sign age and building plans) will be forwarded at a later
date. Please review for the next Carmel T AC meeting on January 18, 2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
fl~(.~~
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue_Book\Agency _ Correspondence\TRANSPanhandleEasternPipelineMageeOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 AlIisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Carmel Street Department
3400 West 131st Street
Westfield, Indiana 46074
ATTENTION:
Dave Klingensmith
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
f~~~.~i .
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue _Book\Agency _ Correspondence\TRANSCarmeIStreetDeptKIingensmithOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Brighthouse Networks
3030 Roosevelt Avenue
Carmel, Indiana 46032
ATTENTION:
Brandy Earl
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
I As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
i~~~C(g~
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue_Book\Utility _ Correspondence\TRANSBrighthouseEarIOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 AlIisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Cinergy
1441 South Guilford Road
Carmel, Indiana 46032
ATTENTION:
Dean Groves
RE:
Midtown Village
WE ARE SENDING YOU [X ] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (II" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
fl~(.ii '
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\5317S\Blue_Book\Utility _ Correspondence\TRANSCinergyGrovesOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Indianapolis Power & Light Company
3600 North Arlington Avenue
Indianapolis, Indiana 46218
ATTENTION:
Ron Morris
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel T AC meeting on January 18, 2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
f Lr--{ 4. ~
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue _ Book\Utility _ Correspondence\TRANSIndianapolisPower&LightMorrisOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
Vectren Energy
16000 Allisonville Road
Noblesville, Indiana 46060
ATTENTION:
Chuck Shupperd
RE:
Midtown Village
WE ARE SENDING YOU [X ] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
] For Approval
] As Requested
[ X ] For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, sign age and building plans) will be forwarded at a later
date. Please review for the next Carmel T AC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
fJw-fc. ~I
Edward E. Fleming
---
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue_Book\UtilitL Correspondence\TRANSV ectrenEnergyShupperdOl-04-06.DOC
LETTER OF TRANSMITTAL
STOEPPELWERTH & ASSOCIATES, INC.
9940 Allisonville Road
Fishers, Indiana 46038-2005
Phone (317) 849-5935
FAX (317) 849-5942
DATE:
January 4, 2006
JOB NUMBER: 53175
TO:
V eolia Water
1220 Waterway Boulevard
Indianapolis, Indiana 46202
ATTENTION:
Jennifer Marlett
RE:
Midtown Village
WE ARE SENDING YOU [X] UPS [ ] Courier [ ] Other:
COPIES SHEET DESCRIPTION
NO.
1 Set P.U.D. District Filing (future A.D.L.S.)
1 Cc Preliminary Layout (11" X 17")
THESE ARE TRANSMITTED as checked below:
) For Approval
) As Requested
[ X ) For Review and Comment
X] For Your Use
REMARKS:
Enclosed you will find one set ofP.U.D. District for the above-mentioned development. All
other supplemental plans (i.e., lighting, signage and building plans) will be forwarded at a later
date. Please review for the next Carmel TAC meeting on January 18,2006. Please contact me if
you have any questions at (317) 577-3400, ext. 22.
Best regards,
~}J(.~
Edward E. Fleming
Cc: Jonathon Isaacs
EEF/meb
S:\53175\Blue _Book\Utility _ Correspondence\TRANSV eolia W aterMarlettOl-04-06.DOC