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Home My WebLink AboutApplication Page 1 of 1 Griffin, Matt L From: Isaacs, Jonathan Uisaacs@centexhomes.com) Sent: Tuesday, January 30, 2007 2:52 PM To: Griffin, Matt L; Hollibaugh, Mike P Cc: Jim Shinaver Subject: Mid Town Village Matt, Please accept this email as official notification that Centex Homes desires to withdraw the Rezone Petition Docket No. 06010008 Z for Mid Town Village. Please respond to this email to verify the this case has been withdrawn. Thank you, Jonathan Isaacs, AICP Land Entitlement Manager Centex Homes - Indianapolis Division 8440 Allison Point, Suite 200 Indianapolis, IN 46250 317 -806-1766 office 317-714-7713 mobile 317 -849-3486 fax 1/3012007 , ~ . Griffin, Matt L Subject: Griffin, Matt L Friday, January 06, 2006 12:02 PM DeVore, Laura B 'jisaacs@centexhomes.com'; 'Larry Kemper'; Brennan, Kevin S; Brewer, Scott I; Conn, Angelina V; Hancock, Ramona B; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Littlejohn, David W; Morrissey, Phyllis G; Tingley, Connie S Docket Nos. Assignment: (Z) Midtown Village PUD (06010008 Z) From: Sent: To: Cc: I have issued the necessary Docket Number for (Z) Midtown Village PUD. It is the following: Docket No. 06010008 Z: Midtown Village PUD PUD Application Fee: $103 per acre x 18.82 Total Fee: $2,500.00 $1,938.46 $4,438.46 Docket No. 06010008 Z: Midtown Village PUD The applicant seeks to rezone 18.82 acres from 11/lndustrail to PUD for the purpose of creating mixed use development. The site is located at 510 Third Avenue SW and is zoned 11/lndustrial. Filed by Lawrence Kemper of Nelson and Frankenberger for Centex Homes. Petitioner, please note the following: 1. These items will be on the January 18,2006, agenda of the Technical Advisory Committee (lAC). Please deliver plans to all T AC members by January 4, 2006, in order to be heard at the January T AC meeting. 2. Mailed and Published Public Notice needs to occur no later than Friday, January 27, 2006. Published notice is required within the Indianapolis Star. 3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no later than NOON, Friday, February 10, 2006. Failure to submit Informational Packets by this time will result in the tabling of the petition to the March 21, 2006, agenda of the Plan Commission. 4. Proof of Notice will need to be received by this Department no later than Noon, Friday, February 17, 2006. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. These items will appear on the February 21, 2006, agenda of the Plan Commission (under "Public Hearings"). 6. These items will appear on the Tuesday, March 7, 2006, agenda of the Plan Commission Subdivision Committee. PETITIONER: refer to your instruction sheet for more detail. A Department of Community Services review letter is forthcoming. Mr. Kemper can be contacted at 317.844.0106 or fax 317.846.8782. Thanks. Matthew Griffin, AICP Planning Administrator Department of Community Services City 01 Cannel One Civic Square Cannel, IN 46032 P 317.571.2417 1317.571.2426 1 . - ; W'::"'" ".:. , ,'" .,' ~~~".. ..- Q ,.... PETITION TO CHANGE THE OFFICIAL ZONING MAP INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING ORDINANCE - REZONE APPLICATION - $772.00 plus $103.00 per acre (pUD $2,500.00, plus $103.00 per acre) Date: December 22. 2005 Docket No.: OloO I 0 00 B ~'Z- . Name of Owner: See Exhibit "I" . Owner's Address: Centex Homes c/o Jonathan Isaacs 8440 Allison Pointe Boulevard, Suite 200 Indianapolis, IN 46250 phone no. 317/806-1766 fax no. 317/849-3486 . Attorney: Lawrence J. Kemper Nelson & Frankenberger, P.C. 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 Phone No.: (317) 844-0106 x 18 Fax No.: (317) 846-8782 . Record of Ownership: - See attached Exhibit 2 . Legal Description (Use additional page(s) if necessary): See attached legal description Exhibit 2 . Common Address of Property Involved (or General Descr~tion ifno Address Exists): 510 Third Ave. SW. Carmel. IN 46032: east and west onr Ave. SW. between 2nd St. SW on the north and City Center Dr. on the South. . Proposed Zoning Change: From the I-I District to the Midtown Village PUD District, for the property shown as District AI, A2, and A3 in the Mid Town Village Sub District Map A attached hereto, which is made a part ofthis petition. . Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary): See attached Exhibit 3 Revised 02/21/05 z:\shared\forms\PC application\rezone,app H:\brad\CentexIMain Street & 3rd AvenueIPel. Change Zoning Map,doc u o AFFIDA VIT (IIWe), being duly sworn, depose and say that (I1We) (am/are) the (owner(s)) of Fifty Percent (50%) or more of the property involved in this application 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 (my or our) knowledge and belief. SignatUre (typed or printed) Address City, State, ZIP The applicant, correspondent, or agent (if different from owner or owners) Applicant: Centex Homes By: J"~Mf1h" I~OJqc;S Lhnd ENtltU__,..T /'J1A?/))L/L.. Printed Name, Title J317) 806 - /7" Telephone DCCCm&r2- 2.l, zPo.5 . Date Name Telephone Date State of Indiana County of }t~ ) ) SS: ) Before me the undersigned, a Notary Public for '" 40~~ - (officer's county of residence) County, State of Indiana, personally appeared :r ~~ ~ ~ (name ofperson(s)) and acknowledged the execution of the foregoing instrument this '- ~ day of _CJJ)A"~ , 2005. ~~~frt~/.V (SE L a ignatu tJ ~' l2..'tt' J .y1S (printed J typed) My commission expires: ....11.;.';;..... .""!!,...~,, (:i~;~:~)~) ..~IJr.;,;~~ ...'ri..... MERRY WIGGINS Hancock eounty My CommiSSion Expires June 5.2013 z:\shared\forrns\pc application\rezoneapp Revised 02/21/05 H:\brad\Centex\Main Street & 3rd Avenue\Pet. Change Zoning Map.doc ~ I I '-.) EXHIBIT 1 Name ofOwner(s) AMS Development Company, Inc. Woods Real Estate, Inc. Woods Real Estate, Inc. AMS Development Company, Inc. AMS Development Company, Inc. AMS Development Company, Inc. AMS Development Company, Inc. H:\brad\Centex\Main Street & 3rd Avenue\EXHIBIT l.doc u Parcel No. 16-09-25-04-05-014.000 16-09-25-04-05-013.000 16-09-25-04-05-012.000 16-09-25-00-00-016.000 16-09-25-04-05-010.000 16-09-25-04-05-009.000 16-09-25-04-05-008.000 o u EXHIBIT "2" TRACT "A" - Corporate Warranty Deed - Deed Record 311, Page 559 A part ofthe Southeast Quarter of Section 25, Township 18 North, Range 3 East, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast comer of the West half of said Southeast Quarter Section; running thence South 00 18 ' West along the East line of said 'l2 l/4 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 0041' 30" West and along the West line of3rd Avenue 108.90 feet: Thence North 89048' West 267.20 feet: Thence North 00 10' east 105.15 feet to the South line ofa dedicated Street: Thence North 890 24' East 268.21 feet to the point of beginning containing 0.657 acres more or less. ALSO: TRACT "B" - Warranty Deed - Deed Record 295, Page 704 The following described real estate located in Hamilton County, Indiana: A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, described as follows: Begin at a point 1466.7 feet west and 1109.0 feet North of the Southwest comer of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, run thence north on and along a fence line being parallel with the east line of said Southeast Quarter 100.0 feet to an iron stake, thence southeasterly 267.2 feet to a comer post and iron stake, thence southwesterly on and along a fence line 100.0 feet to a point, said point being 266.0 feet east of the place of beginning, thence west parallel with the North line of this plot to the place of beginning. Containing 0.61 acres more or less. TRACT "c" - Warranty Deed - Deed Record 295, Page 704 The following described real estate located in Hamilton County, Indiana: A part of the Southeast quarter of Section 25, Township 18 North, Range 3 East, described as follows: Begin at an iron stake 1466.7 feet West and 709.0 feet North of the Southeast comer of the Southeast quarter of Section 25, Township 18 North, Range 3 East, run thence north on and along a fence line 400.00 feet to a point, said point being 266.0 feet west ofthe west line of3rd 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. TRACT "D" - Warranty Deed - Deed Record 312, Page 254 Q u 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. TRACT "E" - Warranty Deed - Deed Record 312, Page 254 A part of the Southeast Quarter ofSection25, Township 18 North, Range 3 East, described as follows: Beginning at an iron stake 1443.44 feet sough and 165.5 feet East of the Northwest comer of the East half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, said point being on the East line of 3 rd Avenue Southwest in Carmel, Indiana; thence East 347.5 feet (347.14 feet by measurement) to a point in the West line ofthe right of way of the Monon Railroad; thence Southerly on and along the West line of the Monon Railroad right of way a distance of 247.7 feet; thence West parallel with the North line of this property a distance of354.4 feet (353.42 feet by measurement), more or less to an iron stake on the East line of said 3rd Avenue Southwest); thence Northerly on said East line of said 3rd Avenue Southwest; thence Northerly on said East line of said 3rd Avenue 247.7 feet to the place of beginning. EXCEPT: Twenty-six (26) feet by parallel lines off the East side thereof being the twenty-six (26) feet conveyed to Monon Railroad by Warranty Deed dated August 13, 1959, recorded August 28, 1959 in Book 161, page 529, in the office of the Recorder of Hamilton County, Indiana. Parcel II herein conveyed contains 1.85 acres more or less. TRACT "F" - Quitclaim Deed - Instrument Number 1998-66931 Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, described as follows: Begin at an iron stake 1691.14 feet South and 161.78 feet East ofthe 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 of3rd 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 o u the center ofthe 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. TRACT "G" - Quitclaim Deed - Instrument Number 1998-66931 Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Begin at an iron stake 1945.14 feet South and 158.7 feet East of the Northwest comer of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, said point being on the East line of3rd Avenue Southwest, thence East 349.0 feet to a point, said point being 53.0 feet West of the center ofC.I. & L.R.R. Main track; thence Southeasterly on and along a line 53.0 feet West of the center ofthe 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 3rd Avenue, 99.3 feet to the place of beginning. o u 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 bearing) on and along the East line of the West Half of said Quarter and the East right-of-way line of 4th Avenue, S.E., 732.44 feet to the South right-of-way line of 2nd Street, S.W.; thence North 89 degrees 07 minutes 29 seconds East on and long the said South line 122.15 feet to the West line of3rd Avenue, S.W.; thence South 00 degrees 32 minutes 30 seconds West on and along said West line 701.60 feet; thence North 89 degrees 48 minutes 00 seconds West 267.50 feet; thence South 00 degrees 10 minutes 25 seconds West 294.85 feet to the place of beginning of this tract; thence continuing South 00 degrees 10 minutes 25 seconds West 914.60 feet to a point on the South line of said West Half which is 153.60 feet South 89 degrees 13 minutes 17 seconds West ofthe Southeast comer of said West Half; thence South 89 degrees 13 minutes 7 seconds West on and along said South line 924.06 feet to the Southeast comer of Wilson Village, Third Section, as recorded in Plat Book 3, Page 7 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 13 minutes 00 seconds East on and along the East line thereof 1031.53 feet; thence North 89 degrees 32 minutes 04 seconds East 420.00 feet; thence North 00 degrees 10 minutes 25 seconds East 288.12 feet to the South right-of-way line oflndustrial Drive, said point being 771.43 feet South 89 degrees 32 minutes 04 seconds West of the 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 o () 288.12 feet to the Southwest corner of said real estate and the Place of Beginning of the within described real estate; thence North 89 degrees 48 minutes 32 seconds East on the South line of said real estate and parallel with the South right-of-way line of Industrial Drive 103.21 feet to a point on the West line 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 corner of said real estate; thence South 89 degrees 48 minutes 32 seconds West parallel with said right- of-way line 103.21 feet; thence North 00 degrees 25 minutes 04 seconds East 111.88 feet to the place of beginning. Also Except: Corporate Warranty Deed - Instrument Number 1996-3230 (Parkside Village, Section One) Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Northeast corner of the West Half of the Southeast Quarter of Section 25, Township 18 North Range 3 East, thence South 00 degrees 19 minutes 21 seconds West (assumed bearing) on the East line of said West Half 732.44 feet to the South right- of-way line of Second Street SW; thence North 89 degrees 15 minutes 46 seconds East on said South right-of-way line 122.15 feet deed (124.43 feet measured) to the West right-of-way line of Third Avenue SW; thence South 01 degrees 03 minutes 30 seconds West on said West right-of-way line 592.70 feet to the South right-of-way line of Industrial Drive; thence South 89 degrees 48 minutes 32 seconds West 268.21 feet to the Northwest corner of a parcel of real estate described in a Trustee's Deed recorded on page 187 and 188 of Deed Record 259 in the Office of the Recorder of Hamilton County, Indiana, said corner being also the Northeast corner of a parcel of real estate described in a Warranty Deed recorded on pages 439 and 440 of Deed Record 300 in said Recorder's Office; thence South 00 degrees 25 minutes 04 seconds West on the common line between said parcels of real estate and the prolongation thereof 721.59 feet to a point that is 594.00 feet North 00 degrees 25 minutes 04 seconds East of a Stone on the South line of said Southeast Quarter that is 153.60 feet West of the Southeast corner of the West Half of said Southeast Quarter, said point being also the Southwest corner of real estate described in a warranty Deed recorded on Page 745 of Deed Record 287 in said Recorder's Office and the PLACE OF BEGINNING of the within described real estate; thence south 89 degrees 26 minutes 16 seconds West parallel with the South line of said Southeast Quarter 453.26 feet to a point on a line that is the Southerly prolongation ofthe West line of a parcel of real estate described in a Corporate Warranty Deed recorded on pages 646 and 647 of Deed Record 362 in said Recorder's Office; thence South 23 degrees 36 minutes 26 seconds West a distance of25.22 feet; thence South 00 degrees 33 minutes 44 seconds East a distance of 100.00 feet; thence south 02 degrees 18 minutes 20 seconds West a distance of 50.06 feet; thence South 00 degrees 33 minutes 44 seconds East a distance of 100.00 feet; thence South 89 degrees 26 minutes 16 seconds West a distance of255.40 feet; thence North 88 degrees 19 minutes 04 seconds West a distance of 50.01 feet; thence North 89 degrees 32 minutes 17 seconds West a distance of 157 feet to the Easterly line ofW ATSON VILLAGE, SIXTH SECTION, a subdivision in Q u 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 ofthe Southeast comer of said West Half a 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- WAY TO THE TOWN OF CARMEL, INDIANA, as recorded on pages 20 and 21 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 of Industrial Drive; thence South 89 degrees 48 minutes 32 seconds West 268.21 feet to the Northwest comer of a parcel of real estate described in a Trustee's Deed recorded on pages 187 and 188 of Deed Record 259 in the Office 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 o w 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 707.75 feet to a point 327.72 feet distant North, measured along the Easterly line of said SIXTH SECTION, from the SOllth line of said Southeast Quarter, thence South 89 degrees 32 minutes 17 seconds East a distance of 157.00 feet; thence South 88 degrees 19 minutes 04 seconds East a distance of50.01 feet; thence North 89 degrees 26 minutes 16 seconds East a distance of255.40 feet; thence North 00 degrees 33 minutes 44 seconds West a distance of 100.00 feet; thence North 02 degrees 18 minutes 20 seconds East a distance of 50.06 feet; thence North 00 degrees 33 minutes 44 seconds West a distance of 100.00 feet; thence North 23 degrees 36 minutes 26 seconds East a distance of25.22 feet to the PLACE OF BEGINNING. Containing 7.422 acres. THE ABOVE-DESCRIBED REAL ESTATE WAS FOUND BY THIS SURVEY TO BE DESCRIBED AS FOLLOWS: A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast comer of the West Half of said Quarter Section; thence South 00 degrees 04 minutes 14 seconds West along the East line of said Half Quarter Section and the East right-of-way line of 4th Avenue, S.E. a distance of 732.44 feet to the South right-of-way line of 2nd Street, S.W.; thence North 89 degrees02 minutes 19 seconds East along said South right-of-way line 125.90 feet to the West line of 3rd Avenue, S.W.; thence South 00 degrees 50 minutes 40 seconds West along said West line 701.60 feet; thence North 89 degrees 38 minutes 50 seconds West 267.03 feet; thence South 00 degrees 13 minutes 56 seconds West 294.86 feet to the POINT OF BEGINNING of this description; thence continuing South 00 degrees 13 minutes 56 seconds West 320.41 feet to.the North line of Parks ide Village, Section One, the plat of which is recorded as Instrument Number 1996-29979 in Plat Cabinet 1, Slide 692 in the Office of the Recorder, Hamilton County, Indiana; thence South 89 degrees 11 minutes 54 seconds West along said North line 452.66 feet to the East line of Parks ide Village, Section Two, the plat of which is recorded as Instrument Number 1997-9194 in Plat w u Cabinet 1, Slide 763 in said Recorder's Office; thence along the bounds of Parks ide Village, Section Two by the next four (4) courses; 1) North 00 degrees 10 minutes 42 seconds East 274.53 feet; 2) South 89 degrees 34 minutes 10 seconds West 50.00 feet; 3) North 00 degrees 10 minutes 42 seconds East 161.88 feet; 4) South 89 degrees 34 minutes 10 seconds West 0.19 feet to the East line of the real estate described in Instrument Number 1998-2091 in said Recorder's Office; thence North 00 degrees 13 minutes 56 seconds East along said East line 286.78 feet to the South right-of-way line of Industrial Drive, said point being South 89 degrees 33 minutes 10 seconds East 771.43 feet from the West right-of-way line of3rd Avenue, S.W.; thence North 89 degrees 33 minutes 10 seconds East along said South right-of-way line 50.00 feet; thence South 00 degrees 13 minutes 56 seconds West 400.00 feet; thence North 89 degrees 33 minutes 10 seconds East 453.22 feet to the place of beginning, containing 3.859 acres, more or less. H:\brad\Centex\Main Street & 3rd Avenue\EXHIBIT.2.REZONE.APP.doc w w EXHIBIT "3" STATEMENT OF COMPLIANCE WITH THE COMPREHENSIVE PLAN This property is designated as (i) "Regional/County Employment Area" and "Low Intensity Residential" by the Carmel/Clay Comprehensive Plan. Figure 2 of the Carmel/Clay Comprehensive Plan entitled "Carmel/Clay Township Proposed Growth Policies, Regional/Community Employment Areas" indicates that the character of low intensity commercial development includes one to two story offices, office showroom floor space, and industrial warehouses. Figure I of the Carmel/Clay Comprehensive Plan, entitled "Carmel/Clay Township Proposed Growth Policies, Residential/Community Areas" indicates that the character of low intensity residential development includes low density single family attached building from between 1.3 and 3.0 dwelling units per acre. However, the real estate which is the subject of this rezone request is presently zoned 1-1 - Industrial. Surrounding zoning classifications include B 1- Business, B2- Business, B3 - Business, and R2 - Residential. Despite the designation in the Comprehensive Plan, the subject real estate is presently zoned for higher intensity uses than as set forth in the Comprehensive Plan. The real estate to the immediate south has been rezoned C 1 - City Center, and the area generally is undergoing much redevelopment. In light of the foregoing, this request for a rezone to a planned unit development district to allow townhomes, condominiums, apartments, and mixed use buildings containing residential over ground floor office or commercial is (i) a less intense use than the real estate as currently zoned and (ii) more consistent with the redevelopment that is occurring in the immediate vicinity. H:\brad\CentexIMain Street & 3rd Avenue\Comp.Plan.Statement.doc r~ LLf THRE.E STORY RENT .l\LS OVER raDIUM r ARKiNG I,JOOSt'lING L...-....-.. .... ' n UNITS/ FLOOR 66 TOT ,.\1. UNITS (H/f'>LDGl 66 f'ARKINGSf'ACE,5 10' rAKKJI --..-J t:....-, J l I '. I 5 IM05f' AVG >) UNIT t'lOC), flTOTALUNI ~.5f:'--GORN L.::!:~R~~G5: c=.=] c -I Ot1t'ICf;./Kt.r:~___ Rl"AF "'00 51 " 1'01 c fJ LU> nn fl n n n r'J n r-ll~z/,.) REAR-ACCE..SS ROWHOMES 1,60051' AVG ro TOTAL UNlT5 2.,~ ,~ T( "~C :.]~ jlJ1l I -....---- ..... ._J Mid Town Village Sub District Map A m lD.OWtJ V ILlA"E - \": 2So ' II !L ___________---GlLarnu-Dd L__ '" 5T 5TRJ:.J:.T -..~..-..-.-..-.._..I m"-"=;l r;:"-"-"-I rr-"-"-'" I Il'~"~ ,"-"- D D CJ[? I pD 0 0 1100 QOo I I I ~ - J, I CJ 8~1I ~~"DDOQ" ~ I 'Do 81 I ~.._..~ L.. ,.~ ~.. .. .. I ...~ Lb.. .. ..=:1 0 L. .. O /' ~ rlK5T 5TKt.t. < OOoD D I ~ll. -rq;oQ D~[Ql" . rF-1=10 rnLbO~a; i-- O <<..~.. [l., I I: 0 : I 0 I ~ I I 0' I 0 I ~ I o · ~ U DS~ · 0 I I d 0 \J I ~ I I 0 c;J I 10 I ~ I D! : D [} J } D I lQ: r-P 0 0 I: ~: :.~~~: TORY MIX IL IN I I o I I ." \) Q!J 0 0 cO :I "ml C'O~D, /'>" . ^ C~ /J ~'17 . ,,-,,-"-"-"-" I ::,:i' :~1,~~NT I I I -~~ LV~;~ ~ . ,- _ - .. I I I 0 0 ~I I -..-..- .-..-. -., 0 d) t I . D. 0 c'J .. -=J~.Dj:=tjQ_.[;J D D,Ct _ _ ___ ._". _ , =,_.._~ _~rC~"l=l~ .: _' ..~.._~.JJ ~.._.._..QJ 1_.._..- D '" '1 ~'-~'- -- - -. -,-...--, ~ ..- - --.. o 0 0 u .. " - ~I I:: D D KING 0/ ~ OD/' . THRJ:.J:. 5TORY RJ:.NT L50VE.R rODIUM rARKI [J 0 t,loosrAVG . uUNIT5IrLOORuTOTAlUNrrS()vf:,LDCJ I ,,' A~KlNG 5' ACl:5 J ~~------- I . . ~D I I .",osr AVG ; 11 UNIT rLOOR5 I "TOTALUNIT5{O.. NDTOWNHO~ q ICJD ~8 : L-, I orrlCE/RE T AlL I 1,'oo5rAvG D u TOT ALUNITS C)D ARKIN[lD I CJ: I L::::=J 0 I I ~~- -. .. .. .. ~-==~ ./----- ~ .~~~NTJ:.R DRIVJ:. ~ l -:::::::. ( -- ::::::-------.. ----,1 ~.I" ..- ..---..-..-..-..-..-..---..... '\ n ( _____... I ......... I /" -- _ _..---..-..-..-.. NG ~o fI~~o] : Ib I :D : /0< jlSlDOOJIOJ290 OQ9Qj </ ~~~, ,~~, 'I I ... .. do ~DD~\\~ I L__ DOOODElJ 16 " I [[__~[)OODD:g]J ~__ I I I L.._._ u ~ NELSON & FRANKENBERGER A PROFESSIONAL CORPORA nON ATTORNEYS AT LAW December 27, 2005 3105 EAST 98TH STREET SUITE 170 INDIANAPOLIS, INDIANA 46280 317-844-0106 FAX: 317-846-8782 JAMES J. NELSON CHARLESD.FRANKENBERGER JAMES E. SHINA VER LAWRENCE J. KEMPER JOHN B. FLATT FREDRIC LAWRENCE Of Counsel JANE B. MERRILL Matt Griffin City of Carmel - Department of Community Services One Civic Square Carmel, IN 46032 RE: Centex Homes Rezone Application to PUD District - Real Estate Located on the East and West Side of 3rd Ave. SW, Just North of City Center Drive Dear Matt: Enclosed please find the following as it relates to the above matter: 1. An original and one (1) copy of a Rezone Application to the PUD zoning district; and 2. Five (5) copies of the proposed PUD. After you review the enclosures, please advise me of the filing fees and docket number for the above-referenced application. As usual, thank you for your cooperation and assistance in this matter, and contact me with any questions. Very truly yours, NELSON & FRANKENBERGER Lawre~emper Enclosures H:\brad\Centex\Main Street & 3rd Avenue\Griffin 122705.doc "',. i _.$ rliN\~~ ?'~~ Sponsor: ORDINANCE NO. Z- Midtown Village PLANNED UNIT DEVELOPMENT DISTRICT ~"\~~~ U~ ",t\-\. f""l } '~,~k ~~.f~<" ~l"", - NOT ,_..\- ~ .c~Yf' k, ~ ~ O/'<A. Q..\\1\~ (" .. j Sponsor: ORDINANCE NO. Z- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA . ESTABLISHING THE Midtown Village PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Carmel/Clay Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in accordance with the requirements ofLC. ~ 36-7-4-1500 et seq.; WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a recommendation to the ordinance set forth herein ("Midtown Village Ordinance") which establishes the Midtown Village Planned Unit Development District (the "District"), which shall also be referred to as the "Midtown Village Ordinance." NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council"), that (i) pursuant to IC ~36-7-4-1500 et seq., it adopts this Midtown Village Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force and effect from and after its passage, (ii) all prior commitments shall be null and void and replaced and superseded by this Midtown Village Ordinance, and (iii) this Midtown Village Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 1 Applicability of Ordinance Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A" (the "Real Estate"), as a Planned Unit Development District to be known as Midtown Village. Section 1.2 Development in the District shall be governed entirely by (i) the provisions of this Midtown Village Ordinance and its exhibits, and (ii) those provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this Midtown Village Ordinance. In the event of a conflict between this Midtown Village Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Midtown Village Ordinance shall apply. Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this Midtown Village Ordinance. 2 e:. i Permitted Uses and Development Requirements for the Multi-Familv Mixed 11 new construction, alterations and additions to buildings within the Multi- lxed Use Area shall be in accordance with the following guidelines: 2.1 Permitted Uses. The uses set forth on Exhibit "B" attached hereto are permitted in the ~-familv Mixed Use Area. Retail and office uses shall only be allowed on the first floor of a building. '- ,~ ALl. () t=- A'1 M t~ e,b: ~ ximum Buildin Hei ht. The height of any building shall not exceed forty-five (45) eet. 2.3 Maximum Retail/Office Space. The maximum aggregate square footage of leasable space used for ~ffice and/or retail uses shall not exceed ten thousand (1 O,O~O.OOJ squarefeet. F\~t c."we/~rJ ~cr"t? fqf" ~~t '2.? 2.4 Maximum Number of Residential Units. The maximum aggregate number of Residential Units shall not exceed one hundred fifty (150~ units. ;) 1.... · Jt 2.5 ~ight and Area ReQuirements - Townhome Buildings 1> N ~\;:> A\-c,", <<i.~ ~ 2.5(a) The maximum Building Height is forty-five (45) feet. ~ ~bA\1.~ . . ty 2.5(b) There are no minimum front yard Set Backs. "'-4\.."" ~ t-t ""..,,, ~ ~) I 2.5(c) There are no minimum side yard Set Backs. Uk ',- 4;-VZ', p\,-., 4~ c.\-.s 2.5(d) The minimum perimeter yard width is fifteen (15) fee7M:')C .+ Al'- 2.5( e) The minimum building distance between Buildings, measured from the exterior face of the foundation, shall be ten (10) feet. 2.6 2.2(fL The minimum square footage of living space for an individual Townhome unit shall be one thousand eight hundred (1,800) square feet, exclusive of any garages. - cou ~':)on:l.s ~~ ""'; +s. Height and Area Requirements - Mixed Use Buildings -, o~,.rt-t ON 2.6(a) The maximum Building Height is fifty-eight (58) ~~t-I · 2.6(b) There are no minimum front yard Set Backs. 2.6( c) There are no minimum side yard Set Backs. 2.6( d) The minimum perimeter yard width is fifteen (15) feet. 2.6(e) The minimum building distance between Buildings, measured from the exterior face of the foundation, shall be ten (10) feet. 3 ." b.Q(fL The minimum square footage of living space for an individual Residential Unit shall be one Seven Hundred fifty (750) square feet, exclusive of any garages. Section 3 Permitted Uses and Development Requirements for the Mixed Use ~'riiYF~2' All new construction, alterations and additions to buildings within the Mixed Use Area shall be in accordance with the following guidelines: ~ S4r-1 ~ : ",tf~ -: 3.1 Permitted Uses. The uses set forth o;!Xhibit "nttached hereto are permitted 3'w in the Mixed Use Area. Retail and office uses shall only be allowed on the first floor of a building. .2 Maximum Building Height. The height of any building shall not exceed '.fi~e;'i(6$)":{feiet.:.i.'. ~,:,: .",;~:::.:: ,:~ i;::::~:.". ,._,:,'.,~ ',",,':': . . . ,.,,,.';:0:' :,,::. ':": ,.,::_:0 .' 3.3 Maximum Retail/Office Space. The maximum aggregate square footage of leasable space used for office and/or retail uses shall not exceed ten thousand (10,000.00) square feet. 3.4 Maximum Number of Residential Units. The maximum aggregate number of Residential Units shall not @X'.S~~~~'QQ.~(hH!1~I~~mit~::,(1$~2;~g@. 3.5 Height and Area Requirements - Mixed Use Buildings 3.5(a) The maximum Building Height is seventy (70) feet. 3.5(b) There are no minimum front yard Set Backs. 3.5(c) There are no minimum side yard Set Backs. 3 .5( d) The minimum perimeter yard width is fifteen (15) feet. 3.5(e) The minimum building distance between Buildings, measured from the exterior face of the foundation, shall be ten (10) feet. ld.C!l The minimums9,~~r~t.fo~~~~~?fli~i,~~sp~5~{~~r,,~n individual Residential Unit shall be~~~i~ntfID:m1gg~,~!tf:EifiYi(i~~Q)!i~il~~i~ feet, exclusive of any garages. Section 4 Permitted Uses and Development Requirements for the Townhome Area A3 All new construction, alterations and additions to buildings within the Townhome Area shall be in accordance with the following guidelines: 4.1 Permitted Uses. The uses permitted in the Townhome Area are Townhomes. -- \2W\>VN~1VT ~ ~. i 4.3 Maximum Number of Residential Units. The maximum aggregate number of Residential Units shall not exceed Seventy Five (75.00) units. 4.4 Height and Area Requirements - Townhome Buildings The maximum Building Height is forty-five (45) feet. ere are no minimum front yard Set Backs. 4.4(c) There are no minimum side yard Set Backs. 4.4( d) The minimum perimeter yard width is fifteen (15) feet. 4.4( e) The minimum building distance between Buildings, measured from the exterior face of the foundation, shall be ten (10) feet. 1A.(fL The minimum square footage of living space for an individual Townhome unit shall be one thousand eight hundred (1,800) square feet, exclusive of any garages. .. A~"" ';;TANDAR,US Section 5 Parkin. Regukcmenls ~ · 4 I .4'2.") 5.1 Parking Requirements. _ Townhome Buildings (W"".+ ~C 'O~" ) · 5.1 (a) Parking areas shall be located to the rear of the Townhome BuildiI}gs. \ ,... ..,,, ~ ~. ~ W"'\c'" to, ~ . . 5.2(~bn-str~king ma~ to fulfill ~rkill!r reauirements, and there shall be a minimum of one off-street p king space per Townhome. 5.2(c) Each Townhome shall contain a two (2) car garage and, in addition, there shall be guest parking provided within on-street parking spaces and other ? spaces 10 be provided on the sile. ""~.rc. · .. "'0'" """"""'i> ~ 5.2 Parking Requirements. - Mixed Use Buildings 5.2(a) Parkingfor Residential Units shall be located in an enclosed garage on the first floor of the building, and there shall exist Q\\e ~1 pa1king spa.ce per Residentia1.Unit. ,. ~~~,. ,~- w.h ~'^.. tc~ 1'...,.....(.(. (:.AlI\ ~~.... be. ~~.. ,,~~ ~; t- ~ t 2~ 1. < 5.2(b) At least one (1) parking space shall be provided for every?Q,Q square feet of leasable floor area used for commercial or office space contained in the Mixed Use Building. - TDD low , /~~" ec: I/ozao j ~ all,,", 'I\MNo"t' .f-r- V\oW'\ t'C..t~~" I . . 5 " \ Section 6 c$ . 5.2(c) Unenclosed parking lots shall generally be located at the rear or at the side of buildings and shall be screened from the sidewalk/street by low walls, fences or hedges. 5.2(d) In parking areas designed to accommodate more than fours rows of vehicles, a landscaped, separated pedestrian pathway shall be provided for safe access through the parking area to the front door. 5.2(e) Bicycle parking shall be provided in accordance with the requirements of the proposed revisions to Section 27.06 - Bicycle Parking, of the City Zoning Ordinance. Landscapine Requirements 6.1 Standards 6.1(a) Planting Standards. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as hardscape materials, paths, sidewalks, or any water features. Deciduous trees planted to satisfy the landscaping requirements of this Ordinance shall have at least a two and one-half inch (2-1/2") Caliper and seven foot (7') height at the time of planting, unless otherwise specified herein or otherwise indicated on any conceptual landscape plan, submitted in connection with the ADLS process Evergreen trees shall be a minimum of six feet (6') in height at the time of planting. Shrubs shall be two (2) feet in height at the time of planting. All trees, shrubs and ground covers shall be planted according to accepted horticultural ' standards. Landscaping materials shall be appropriate to local growing and climatic conditions. Plant suitability, maintenance and compatibility with site construction features are critical factors that should be considered. Plantings should be designed with repetition, structured patterns, and complementary textures and colors, and should reinforce the overall character of the area. 6.1 (b) Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping approved in accordance with this Midtown Village Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Uill Building Base Landscaping - Townhomes. The ,building base landscaping around each Townhome unit shall include a minimum of three. (3) shrubs. Additionally, there shall be a minimum of two (2) shade trees per unit between the unit and the sidewalk, if the necessary area for planting is available. If a shade tree can not be planted between the unit and the sidewalk, that shade tree will be planted at an alternate location on the site. 6 . ;. ~ 9f( ~~ ~ ~~ .~~ ~.s' (D~ "} J ~ . 6.2 6.3 6.4 6.1 (d) Perimeter Planting/Buffer Yard. The number of perimeter plantings and the number of buffer yard plantings shall be in accordance with Section 26.04 Perimeter Buffering Requirements of the Zoning Ordinance. ~ Tree Conservation. Existing trees as identified as "Tree Conservation Area" on any conceptual landscape plan submitted in connection with the ADLS process shall not be removed from the Real Estate except as follows: 1. As is necessary to clear underbrush and dead trees; o s is necessary for the install~tlO~ of drainage improvements and ~~tructure; and ~ ~ ~u ... c _ 3. As necessary for public health and safety. CtAM,,~ . Street Trees. ~ trees shall be planted along all streets within the right-of- way, parallel to the street. And shall be installed per City standards Buffervards 6.3(a) Buffervards Where a lot or parcel of ground used for business abuts residential property on the perimeter of the Real Estate, a bufferyard shall be provided consistent with the following: 1. Minimum bufferyard width a. Ten (10) feet for landscape yards b. Five 5 feet for buffer yards consisting of 6' high screen wall of solid wood. 2. Encroachments. Accessory buildings may encroach within a landscape bufferyard up to five (5) feet. 3. Plantings within landscape buffers shall consist primarily of shade trees and shrubbery, however, wherever possible, existing vegetation within buffer yards should be preserved. 4. Bufferyards shall be planted at the time of construction of buildings. Trees shall be planted at intervals no less than ten (10) feet, nor more than fifty (50) feet. Shrubbery may be planted informally or in rows and shall screen parking areas, outside of storage areas loading berths, trash and refuse containers and so forth from abutting residential. Parking Lot Landscaping 6.4(a) Interior Landscaping A minimum of one (1) shade tree and five (5) shrubs shall be planted within each parking lot for every ten (10) spaces provided. I~~:t;':;:~l ~,n~Y ~~ t~:AU~ 1er:i~ W\,,~~ ~ ~~i~\~ 4- ~ v '\.1 ~-~ -"'v ~ Section 7. Section 8 6.4(b) Parking Lot Perimeter Parking A five (5) foot wide perimeter planting strip shall be provided along all sides of which abut adjoining properties. 1. The minimum required planting unit for this area shall include: Three (3) shade trees and twenty (20) shrubs per 100 linear feet. 2. The perimeter planting area may contribute to or fulfill bufferyard planting requirements. Conceptual Buildin2 Types Section 7.1 Architectural Design Requirements: ,.:;" 7.1(a) Mixed Use Buildin renderin and Attached hereto and incorporated herein by reference as Exhi " are conceptual building images of the types of Mixed Use Buildings that may be constructed upon the Real Estate. Architectural and design elements on all Buildings shall be coordinated and should contain common elements. The final development of the Mixed Use Buildings depicted on the Conceptual Plan attached hereto as Exhibit " " shall be subject to the ADLS process. 7.1 (b) T ownhome Buildin renderin tions: Attached hereto and incorporated herein by reference as Exh bit" "ar conceptual building images of the types of Townhome Buildings t11 e constructed upon the Real Estate. All Townhome Buildings constructed upon the Real Estate shall include Masonry on seventy percent (70%) of the front and side building elevations, . excluding but not limited to, doors, soffits, trim, windows, gables and roofs. Secondary building materials shall include, but not be limited to, Hardi-plank and/or Hardi-board or the equivalent thereof. The final development of the ~,e Buildings depicted on the Conceptual Plan attached hereto as Exhibit ~all be subject to the ADLS process. Accessory Buildin2s and Uses All Accessory Structures and Accessory Uses shall be permitted except that any detached accessory building shown in any development plan shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. 8 / ~ t Section 9 Platting The platting of the Real Estate into smaller tracts shall be permitted administratively, so long as the proposed plat complies with the area requirements set forth hereinabove in Sections 2, 3, and 4, and the creation of a new property line within the Real Estate shall not impose or establish new development standards beyond those specified below in Sections 2,3, and 4, for the entirety of the Real Estate. However, the development of any parcel shall conform to the requirements of Section 15 below, and all other applicable requirements contained in this Midtown Village Ordinance. Section 10 " -.S) ~ (\ ~ ;- ~ ,"S. '- ~ S' - ~ ~ . f \1'\ Lighting Requirements Section 10.1 Lighting Requirements ~ aD c D. E. co @ Each Townhome shall have a minimum of one (1) light on the front of each unit. If only one (1) light is used, then it shall be located near the front door. A second light may be located above or near the garage door, if applicable, and all light position(s) shall be consistent and/or complimentary among all units. Each Townhome shall have a minimum of one (1) light fixture on the rear of each unit, however the light position(s) shall be consistent and/or complimentary among all units. Street lighting shall be provided as part of all proj ects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. All exterior architectural, display, decorative and sign lighting shall be generated from concealed, low level fixtures. . ~~ The maximum height of light stand~in parking areas shall not exceed the building height, or twenty-five" feet, whichever is less. When light standards abut or fall within ninety (90) feet of single family residential, their height shall not exceed fifteen (15) feet. Parking area lighting and street lighting shall be of uniform design and materials. Exterior lighting shall be architecturally integrated with the building style, material and color. Rooftop lighting shall be prohibited. Exterior lighting of the building or site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. For any use, illumination levels shall not exceed 0.5 footcandle at the property line. 9 / .' Section 11 Si!!:ns and Entry Way Wall Section 11.1. Ground Signs and Entry Wall. A. ~: At the northern and southern entrance to the development, adjacent to 3rd Avenue, one (1) Ground/Entryway Sign shall be permitted per entrance. Either sign may be accompanied by a masonry wall not to exceed 6' in height and 15' in length. B. Maximum Sign Area: Thirty (30) square feet each. c. Illumination of Sign: External. D. Sign Permit: Required. \ Fees: Required. I L . I ,,=> ~ ~ \ ...",.- StT.~ E. Section 12 Office/Retail Area of Mixed Use BuiIdin!!:s Section 12.1 Storefronts. 12.1 (a) Storefronts may be internally illuminated with spot or other lighting, so as to display prominently and attractively the business or its products. Exterior lighting may be affixed to the building. Any glass incorporated into storefronts for first-floor spaces with retail uses shall be transparent so as to allow views into and out of the spaces. Section 12.2. Permanent Signs, Awnings and Murals. 12.2(a) Ground Floor occupants shall be allowed a total of one and a half (1-112) square feet of sign for each linear foot of street frontage. 12.2(b) Building signs shall fit within the horizontal and vertical elements of the ground floor of the building, and may not obscure details of the ground floor of the building. 12.2( c) Signs may be perpendicular or flat-mounted, including separately mounted letters. Perpendicular signs shall not e~~.c:...d T1 o~re than five (5) feet from the face of the building. (1314D~~ 12.2(d) No sign may extend beyond the ground fl~)5~~~ilding. 10 --J 12.2(e) Allowable signs may also be painted in graphics in storefront windows, provided that such signs do not exceed thirty percent (30%) of the total window pane. Signs may also be imprinted on awnings. Signs may also be painted on the sides of buildings. All such signs will be included in the calculations for maximum sign area. 12.2(f) Retractable or fixed fabric awnings are allowed but shall only be supported with building-mounted hardware. 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 as~ociated.. Fencing materials may include brick, stone and other attractive masonry screening materials. To the extent practicable, mechanical equipment should be placed on the roof and screened by the parapet. Section 14 Homeowners Association and Declaration of Covenants Section 14.1 Declaration of Covenants and Homeowners Association: The Developer shall prepare and record a Declaration of Covenants which shall also contain various provisions regarding the Real Estate as determined by the Developer, including, without limitation, provisions for mandatory assessments and maintenance of common areas. The Declaration of Covenants will also provide for the establishment of a Homeowners Association in which membership shall be mandatory. Section 15. Approval Process Section 15.1. Approval or Denial of the Primary Plat/Development Plan. A. Exhibit "D", which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the "CP"). However, the CP does not constitute the approved development plan and primary plat for the Real Estate, nor does it constitute the approved architecture, design, lighting and landscaping for the Real Estate and the improvements thereon, considered in connection with the Midtown Village Ordinance. Midtown Village shall require further (i) ADLS approval and (ii) development plan/primary plat approval. The Secondary Plat and Final Development Plan approval procedures are set forth below in this Section 15. If there is a Substantial Alteration in the approved ADLS and development plan/primary plat, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations may be approved by the Director. 11 / .' . ~"1 f;. ~is : B. The Director shall have exclusive authority to approve without conditions, appro or disapprove the Secondary Plat (the "SP") and t Fi 1~~Lbl)~ for the Midtown Village Ordinance; provided, however, that the Director shall not ~sonably withhold or delay the Director's approval of the SP and/or ~hat is in substantial conformance with the development plan/primary plat and is in conformance with the Development Requirements and Development Standards of this Midtown Village Ordinance. If the Director disapproves any SP o~ the Director shall set forth in writing the ba~ the disapproval and schedule the request for approval of the SP an~ for a hearing before the full Plan Commission. . C. An amendment to the SP or~which is not determined by the Director to be a Substantial Alternation or Material Alteration from the approved development plan/primary plat, may be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a Substantial Alteration or Material Alteration bet~he approved development plan/primary plat and any proposed SP 0 Director may, at the Director's discretion, refer the amended SP or to the Commission, or a Committee thereof, for review and approval by the Commission and/or a Committee thereof. D. The SP and~ shall be a specific plan for the development of all or a portion of the Real Estate that is submitted for approval to the Director, which shall include reasonable detail regarding the facility and structures to be constructed, as well as drainage, erosion control, utilities, and building information. Section 16 Definitions and Rules of Construction Section 16.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word "shall" is a mandatory requirement. The. word "may" is a permissive requirement. The word "should" is a preferred requirement. Section 16.2 Definitions A. ADLS: Architecture, design, lighting, landscaping and signage. 12 ,'. . B. Accessory Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. C. Accessory Use: A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. D. Apartment. A dwelling intended primarily for rental. E. Building Height: The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof and the mean height between eaves and ridges for gable, hip and gambrel roofs. F. City: The City of Ctrmel, Indiana. G. Commission: The Carmel/Clay Plan Commission. H. . Condominiums - A residential living unit or units as defined in and governed by the Indiana Code; Sections. 32-25-1-1 to 32-25-9-2, inclusive. 1. Conceptual Plan. A general plan for the development of the Real Estate that is submitted for approval showing proposed facilities, buildings, and structures. This plan generally shows landscape areas, parking areas, site access, drainage features, and building locations and is depicted on Exhibit "D", which is attached hereto and incorporated herein by reference. J. Council: The City Council of the City of Carmel, Indiana. K. County: Hamilton County, Indiana. L. Declaration of Covenants: A Declaration of Covenants, Conditions and Restrictions for the Real Estate which shall be recorded in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. M. Development Requirements. Development standards and any requirements specified in this Midtown Village Ordinance which must be satisfied in connection with the approval of a Secondary Plat or Final Development Plan. N. Developer. Centex Homes, and its successors and assigns. o. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. 13 ,.. 'Ii P. Dwelling. A room or combination of rooms designed for year-round habitation, containing a bathroom and kitchen facilities, and designed for or used as a permanent residence by at least one person, which includes a Townhome, Condominium and Apartment. Q. Final Development Plan. A specific plan for the development of the Real Estate that is submitted for approval showing proposed facilities, buildings, and structures. This plan review includes general landscaping, parking, drainage, signage, lighting and building information for the site, R. Homeowners Association: A nonprofit corporation established for the promotion of the health, safety and welfare of the residents of Midtown Village, and to manage, maintain, and repair the common areas within the Real Estate and any improvements located thereon. 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 substitution of one material, species, element, etc. for another. Q. Minor Alteration: Any change to an approved plan of any type that involves the revision of less than ten percent (10%) of the plan's total area or approved materials. R. Mixed Use Area. That part of the District delineated as subdistrict A2 on the Midtown Viilage Sub District Map A on what is attached hereto and incorporated herein by reference as Exhibit liD ". The line delineating the Mixed Use Area boundaries may be adjusted by ten (10) feet in any direction. s. Mixed Use Building. The combination of (i) office or commercial and (ii) residential uses within a single building of two or more stories. T. Multi Family Mixed Use Area. That part of the District delineated as subdistrict Al on the Midtown Village Sub District Map A on what is attached hereto and incorporated herein by reference as Exhibit liD ". The line delineating the Multi Family Mixed Use Area boundaries may be adjusted by ten (10) feet in any direction. U. Parcel Coverage: The total ground area, within the Real Estate, covered by buildings and accessory structures which are greater than eighteen (18) . inches above grade level, excluding fences and walls not attached in any way to a roof, divided by the total horizontal area within the Real Estate boundaries. V. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "A". 14 ~ - .,;; W. Residential Building. A building containing exclusively residential uses within a single building oftwo or more stories X. Residential Unit. A single Dwelling, including a Townhome, Apartment, and Condominium. . Y. Right-of- Way: An area ofland permanent! y dedicated to provide light, air and access. Z. Secondary Plat. A specific plan for the development of the Real Estate that is submitted for approval showing proposed facilities, buildings, and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and building information for the site. AA. Set Back: The least measured distance between a building or structure, excluding, however, porches, patios, and the perimeter boundary of the Real Estate. For purposes of determining Set Back, the perimeter boundary of the Real Estate (i) shall always mean and refer to the outside perimeter boundary line of the Real Estate and (ii) shall not be changed or reduced by reason of the platting or subdivision- of the Real Estate into smaller parcels. BB. Sign: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended. CC. Substantial Alteration: Any change to an approved plan of any type that involves the revision of ten percent (10%). or more of tpe'plan,s~otal arir L or ap~r~vec!materials. _ ~~ wt-it\-<<M I i-\t''$ ~E""T \Alor-t-. it Wou{4\ -((ow 'DX C~""C'fC' o~ ~~ "",0'.--, ..~IS. DD. Townhome: An attached dwelling intended for occupancy by a single family. EE. Townhome Area. That part of the District delineated as subdistrict A3 on the Midtown Village Sub District Map A on what is attached hereto and incorporated herein by reference as Exhibit "D". The line delineating the Townhome Area boundaries may be adjusted by ten (10) feet in any direction. FF. Townhome Building: A structure containing attached dwellings. GG. Trim: Soffits, architraves, wood reveals, and casement around doors and windows. 15 ~ It Section 17. Violations All violations of this Midtown Village Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. PASSED by the. Common Council of the City of Carmel, Indiana this _ day of , 2006, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer. Kevin Kirby Richard L. Sharp, President Pro Tempore Brian D. Mayo Fredrick J. Glaser Mark Rattermann Joseph C. Griffiths Ronald E. Carter ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer 16 ... it Presented by me to the Mayor of the City of Carmel, Indiana the _ day of ,2006, at o'clock .M. Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of ,2006, at o'clock .M. James Brainard, Mayor::. ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer This Instrument prepared by: Lawrence J. Kemper NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 Indianapolis, IN 46280 This Instrument reviewed by: Jonathan Isaacs Centex Homes 8440 Allison Pointe Boulevard, Suite 200 Indianapolis, IN 46250 H:lbradlCentexlMain Street & 3rd AvenuelPUD Draft I 22705.doc 17 ..j - .. EXHIBIT "A" Leeal Description TRACT "A" -Corporate Warranty Deed - Deed Record 311, Page 559 A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast comer of the West half of said Southeast Quarter Section; running thence South 00 18' West along the East line of said Y2 ~ 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 of 3 rd Avenue 108.90 feet: Thence North 89048' West267.20 feet: Thence North 0010' east 105.15 feet to the South line ofa dedicated Street: Thence North 890 24' East 268.21 feet to the point of beginning containing 0.657 acres more or less. ALSO: TRACT "B" - Warranty Deed - Deed Record 295, Page 704 The following described real estate located in Hamilton County, Indiana: A part ofthe 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 ofthe Southeast Quarter of Section 25, Township 18 North, Range 3 East, run thence north on and along a fence line being parallel with the east line of said Southeast Quarter 100.0 feet to an iron stake, thence southeasterly 267.2 feet to a comer post and iron stake, thence southwesterly on and along a fence line 100.0 feet to a point, said point being 266.0 feet east of the place of beginning, thence west parallel with the North Iineofthis 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 of3rd Avenue Southwest in the Town of Carmel, Indiana, thence east 266.0 feeUo 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. TRACT "D" - Warranty Deed - Deed Record 312, Page 254 18 ~'. it A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, described as follows: Begin at an iron stake on the East line of North and South Street in the Town of Carmel, Indiana, this point being 1343.44 feet South and 166.2 measured (162.2 feet Deed) East of the Northwest comer of the East half of the So~theast Quarter of Section 25, Township 18 North, Range 3 East, thence East parallel with South line of South Street, 326.0 feet to a point, said point being 18.6 feet West of the West right of way line of the Monon Railroad, thence South parallel with East line of North and South Street, 100.0 feet to an iron stake, thence West parallel to the North line of tract, 326.0 feet to a point on the intersection with the East line of said North and South Street; thence 100.0 feet North along with the East line of said Street to the place of beginning, in Clay Township, Hamilton County, Indiana, containing 0.75 acres, more or less. TRACT "E" - Warranty Deed - Deed Record 312, Page 254 A part of the Southeast Quarter of Section25, Township 18 North, Range 3 East, described as follows: Beginning at an iron stake 1443.44 feet sough and 165.5 feet East ofthe Northwest comer of the East half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, said point being on the East line of3rd Avenue Southwest in Carmel, Indiana; thence East 347.5 feet (347.14 feet by measurement) to a point in the West line of the right of way of the Monon Railroad; thence Southerly on and along the West line of the Monon Railroad right of way a distance of247.7 feet; thence West parallel with the North line of this property a distance of 354.4 feet (353.42 feet by measurement), more or less to an iron stake on the East line of said 3rd Avenue Southwest); thence Northerly on said East line of said 3rd Avenue Southwest; thence Northerly on said East line of said 3rd Avenue 247.7 feet to the place of beginning. EXCEPT: Twenty-six (26) feet by parallel lines off the East side thereof being the twenty-six (26) feet conveyed to Monon Railroad by Warranty Deed dated August 13, 1959, recorded August 28, 1959 in Book 161, page 529, in the office of the Recorder of Hamilton County, Indiana. Parcel II herein conveyed contains 1.85 acres more or less. TRACT "F" - Quitclaim Deed - Instrument Number 1998-66931 Part of the Southeast Quarter of Section 25, Township 18 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 ofihe Canada Dry Corporation property 341.5 feet to a point, said point being 53.0 feet West ofthe 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. 19 ". /\ , \ \ "4"" Ii TRACT "G" - Quitclaim Deed - Instrument Number 1998-66931 Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Begin at an iron stake 1945.14 feet South and 158.7 feet East of the Northwest comer of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, said point being on the East line of3rd Avenue Southwest, thence East 349.0 feet to a point, said point being 53.0 feet West of the center ofC.I. & 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 of 3rd Avenue Southwest; thence North on and along the East line of said 3rd Avenue, 99.3 feet to the place of beginning. 20 ~, ~ Corporate Warranty Deed - Deed Record 311, Page 557 A part of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast comer of the West Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East; thence South 00 degrees 03 minutes 44 seconds West (assumed bearin~) on and along the East line of the West Half of said Quarter and the East right- of-way line of 4t 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 of the Recorder of Hamilton County, Indiana; thence North 00 degrees 13 minutes 00 seconds East on and along the East line thereof 1031.53 feet; thence North 89 degrees 32 minutes 04 seconds East 420.00 feet; thence North 00 degrees 10 minutes 25 seconds East 288.12 feet to the South right-of-way line oflndustrial Drive, said point being 771.43 feet South 89 degrees 32 minutes 04 seconds West of the 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 of Industrial Drive; thence South 89 degrees 48 minutes 32 seconds West of said South right-of-way line 721.43 feet to the Northwest comer of real estate described in a Warranty Deed recorded on pages 646 and 647 in Deed Record 362 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 25 minutes 04 seconds West on the West line of said real estate 288.12 feet to the Southwest comer of said real estate and the Place of Beginning of the within described real estate; thence North 89 degrees 48 minutes 32 seconds East on the South line of said real estate and parallel with the South right-of-way line of Industrial Drive 103.21 feet to a point on the West line of real estate described in a Warranty 21 1J.' " ~ . Deed recorded as Instrument #8827662 in said Recorder's Office; thence South 00 degrees 25 minutes 04 seconds West on said West line 111.88 feet to the Southwest corner of said real estate; thence South 89 degrees 48 minutes 32 seconds West parallel with said right-of-way line 103.21 feet; thence North 00 degrees 25 minutes 04 seconds East 111.88 feet to the place of beginning. Also Except: Corporate Warranty Deed.,.... Instrument Number 1996-3230 (Parkside Village, Section One) Part of the Southeast Quarter of Section 25, Township 18. North, Range 3 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Northeast corner of the West Half of the Southeast Quarter of Section 25, Township 18 North Range 3 East, thence South 00 degrees 19 minutes 21 seconds West (assumed bearing) on the East line of said West Half 732.44 feet to the South right-of-way line of Second Street SW; thence North 89 degrees 15 minutes 46 seconds East on said South right- of-way line 122.15 feet deed (124.43 feet measured) to the West right-of-way line of Third Avenue SW; thence South 01 degrees 03 minutes 30 seconds West on said West right-of-way line 592.70 feet to the South right-of-way line oflndustrial Drive; thence South 89 degrees 48 minutes 32 seconds West 268.21 feet to the Northwest corner 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 corner being also the Northeast corner of a parcel of real estate described in a Warranty Deed recorded on pages 439 and 440 of Deed Record 300 in said Recorder's Office; thence South 00 degrees 25 minutes 04 seconds West on the common line between said parcels of real estate and the prolongation thereof 721.59 feet to a point that is 594.00 feet North 00 degrees 25 minutes 04 seconds East of a Stone on the South line of said Southeast Quarter that is 153.60 feet West of the Southeast corner of the West Half of said Southeast Quarter, said point being also the Southwest corner of real estate described in a warranty Deed recorded on Page 745 of Deed Record 287 in said Recorder's Office and the PLACE OF BEGINNING of the within described real estate; thence south 89 degrees 26 minutes 16 seconds West parallel with the South line of said Southeast Quarter 453.26 feet to a point on a line that is the Southerly prolongation of the West line 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 of50.06 feet; thence South 00 degrees 33 minutes 44 seconds East a distance of 100.00 feet; thence South 89 degrees 26 minutes 16 seconds West a distance of255.40 feet; thence North 88 degrees 19 minutes 04 seconds West a distance of 50.01 feet; thence North 89 degrees 32 minutes 17 seconds West a distance of 157 feet to the Easterly line of WATSON VILLAGE; SIXTH SECTION, a subdivision in Hamilton County, Indiana, the plat of which is recorded in Plat Book 3, page 43 and 44; thence South 00 degrees 27 minutes 43 seconds West along said East line a distance of325.72 feet to the South line of said Southeast Quarter; thence North 89 degrees 26 minutes 16 seconds East along said South line, passing through the aforesaid stone that is 153.60 feet West of the Southeast corner of said West Half a total distance of 1185.30 feet to a point on the Westerly right-of-way line of Third Avenue, Southwest, said point being located 1204.35 feet South 89 degrees 26 minutes 16 seconds West of the Southeast corner of said Southeast Quarter, per DEDICATION OF PUBLIC RIGHT-OF-WA Y TO THE TOWN OF CARMEL, INDIANA, as recorded on pages 20 and 21 22 ..' (' .~ 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 Halfofthe Southeast Quarter of Section 25, Township 18 North, Range 3 East; thence South 00 degrees 19 minutes 21 seconds West (assumed bearing) on the East line of said Wet Half 732.44 feet to the South right-of-way line of Second Street SW; thence North 89 degrees 15 minutes 46 seconds East on said South right-of- way line 122.15 feet deed (124.43 feet, measured) to the West right-of-way line of Third Avenue SW; thence South 01 degrees 03 minutes 30 seconds West on said West right-of-way line 592.70 feet to the South right-of-way line of Industrial Drive; thence South 89 degrees 48 minutes 32 seconds West 268.21 feet to the Northwest comer ofaparcel ofreal estate described in a Trustee's Deed recorded on pages 187 and 188 of Deed Record 259 in the Office of the Recorder of Hamilton County, Indiana, said cotner 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 ofthe 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 ofa 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, 23 .4 l' '; ~ SIXTH SECTION as per the plats thereof recorded in said Recorder's Office a distance of 707.75 feet to a point 327.72 feet distant North, measured along the Easterly line of said SIXTH SECTION, from the South line of said Southeast Quarter, thence South 89 degrees 32 minutes 17 seconds East a distance of 157.00 feet; thence South 88 degrees 19 minutes 04 seconds East a distance of 50.01 feet; thence North 89 degrees 26 minutes 16 seconds East a distance of255.40 feet; thence North 00 degrees 33 minutes 44 seconds West a distance of 100.00 feet; thence North 02 degrees 18 minutes 20 seconds East a distance of 50.06 feet; thence North 00 degrees 33 minutes 44 seconds West a distance of 100.00 feet; thence North 23 degrees 36 minutes 26 seconds East a distance of25.22 feet to the PLACE OF BEGINNING. Containing 7.422 acres. THE ABOVE-DESCRIBED REAL ESTATE WAS FOUND BY THIS SURVEY TO BE DESCRIBED AS FOLLOWS: A part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast 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 ofthis 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 I, Slide 692 in the Office of the Recorder, Hamilton County, Indiana; thence South 89 degrees 11 minutes 54 seconds West along said North line 452.66 feet to the East line of Parks ide Village, Section Two, the plat of which is recorded as Instrument Number 1997-9194 in Plat Cabinet 1, Slide 763 in said Recorder's Office; thence along the bounds of Parks ide Village, Section Two by the next four (4) courses; 1) North 00 degrees 10 minutes 42 seconds East 274.53 feet; 2) South 89 degrees 34 minutes 10 seconds West 50.00 feet; 3) North 00 degrees 10 minutes 42 seconds East 161.88 feet; 4) South 89 degrees 34 minutes 10 seconds West 0.19 feet to the East line of the real estate described in Instrument Number 1998-2091 in said Recorder's Office; thence North 00 degrees 13 minutes 56 seconds East along said East line 286.78 feet to the South right-of-way line oflndustrial 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. 24 ....' T ~ . EXHIBIT "B" RESIDENTIAL Attached Dwelling Multiple Family Dwelling Home Occupation OFFICE Clinical or Medical Health Center Research Laboratory/F acility General Offices Professional Offices RETAIL & SER VICE General Retail Sales (-S~.: FT ~A.)t~)-s:> ~.-+e..~ t? General Service r Cafe Delicatessen -. , ,,~ ~ c.,V,an Coffee Shop (wIth or wIthout dnve-thru) ~ \NAUc:. Up .,~.... · Dry Cleaning Establishment (w/o on-site plant) Financial Institution Automated Teller Machine (A TM) Self-Service Laundry Wholesale Sales 4Sct . +\- M~? CULTURAL/ENTERTAINMENT Restaurant, without drive-thru food sales, with full service bar and live musical entertainment 25 ~~' It ~ ;. EXHIBIT "e" RESIDENTIAL Attached Dwelling Multiple Family Dwelling Home Occupation OFFICE Clinical or Medical Health Center Research Laboratory/Facility General Offices Professional Offices RETAIL & SERVICE General Retail Sales General Service Cafe Delicatessen Coffee Shop (with or without drive-thru) Dry Cleaning Establishment (w/o on-site plant) Financial Institution Automated Teller Machine (A TM) Self-Service Laundry Wholesale Sales CULTURALIENTERT AINMENT Restaurant, without drive~thru food sales, with full service bar and live musical entertainment H:\brad\Centex\Main Street & 3rd Avenue\PUD Draft 122705.doc 26 r-j lLj THREE. 5TORY RE.NT~L5 OVER rODIUM r ARK.ING ','ooSF AVG ~. _ -- J u UNITs..- FLOOR .nOT ALUNITS (H/E>l DGJ .6f'ARKINGSfACl:S - .. 'a Ii- ~;ijfdi;i';.;J~;;;h;~.w,,"'ii, "'i>i">.' I'N" D~U'~S~Tf,1R\iH!A'~ l \ I ---' -=-l I IWING rr' .sr OT At I ' GROUNDLt.VE.LRFT~L5rACE. !o.ooosr'TOT~ t,oool' SF.jLDG,I I ",_-,--J I I I I I t~~~j ! I 1 ' i L-J n fl nrl n f'l I ri -"""1f'.-. J ni I ~ I I r J I I r II') r-l ! I l I I ! L~l RfAf ',110051 1$T01 RE.A~ACCE_55ROWHOMt.5 ',110051' AVG -toTOTALUNIT5 I .-J Mid Town Village Sub District Map A EXHIBIT i .~ !)'r