HomeMy WebLinkAboutPUD Rezone TextFEES: Rezone= $866.50 plus $120.00 per acre (PUD= $2,810.00, plus $120.00 per acre)
(Fees due after a docket number is assigned.)
Date: December 22, 2011
Docket No.:
REZONE APPLICATION
PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING ORDINANCE
Name of Owner: Frank K. Regan
Owner's Address Fax No.
1223 Castle Court Email: Fkregan @aol com
City, State, ZIP Carmel, Indiana 46033
Contact Person Name and Company: Paul G. Reis, Esq. Krieg DeVault LLP
Contact Person Phone, Fax, Email: 238 -6293 (0) 636 -1507 (F) preis @kdlegal.com
Contact Person Address: 12800 N. Meridian Street, Suite 300 Carmel, IN 46032
Record of Ownership: Instrument No. 2009 -7936
Legal Description (Use additional page(s) if necessary): See Attached Sheet
Common Address of Property Involved (or General Description if no Address Exists):
27 acre parcel located southwest of intersection of Illinois Street and 136th Street
Tax Parcel IDNo(s). 17- 09- 26 -00 -00 -003. 000
Proposed Zoning Change: From the B-5 /U. S 31 Overlay District to the PUD
shown outlined in red on the map attached hereto, which is made a part of this petition.
Statement of compliance with the Carmel /Clay Comprehensive Plan (use additional pages if necessary):
See Attached Summary
Revised. 4/6/2010; Filename Rezone Application 2010
Phone No.:
coP
District, for the property
(I /We), being duly sworn, depose and say that (I /We) (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.
Frank K. Regan
By:
Paul Re A me for Frank K. Regan
Paul G. Reis, Esq.
Krieg DeVault LLP
12800 N. Meridian Street
Suite 300
Carmel, Indiana 46032
(317) 238 -6293
preis @kdlegal.com
State of Indiana
County of Hamilton
(prin
NO
SEAL ;3
AFFIDAVIT
Before me the undersigned, a Notary Public for Hamilton
County, State of Indiana, personally appeared Paul G. Reis and
acknowledged the execution of the foregoing instrument this twenty-second
SS:
day of
December 20 11
cy.a..,„, y conunission expires:
(S r and Signature)
LINDA A. MATTHEWS
Marion County
My Commission Expires
August 1, 2015
Resident of Marion County, Indiana
LEGAL DESCRIPTION REGAN PROPERTY
A part of the Northeast Quarter of Section 26 and a part of the Northwest quarter of Section 25, both in
Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County,
Indiana, more particularly described as follows:
Beginning at the Northwest corner of the Northwest Quarter of said Section 25; thence North 88
degrees 21 minutes 51 seconds East (assumed bearing) along the North line of said Northwest Quarter
37.71 feet; thence South 08 degrees 35 minutes 58 seconds East 436.36 feet to a point on the limited
access right -of -way line; 1) South 69 degrees 00 minutes 19 seconds West 38.72 feet; 2) South 89
degrees 51 minutes 28 seconds West 64.02 feet to a point on the West line of said Northwest Quarter;
3) south 89 degrees 51 minutes 27 seconds west 41.93 feet; 4) South 68 degrees 03 minutes 45 seconds
West 800.77 feet; 5) South 70 degrees 34 minutes 03 seconds West 1172.10 feet to a tangent curve
concave Southeasterly having a central angle of 12 degrees 43 minutes 09 seconds and a radius of
2,436.83 feet; 6) Southwesterly along said curve an arc distance of 540.97 feet (said arc being subtended
by a chord having a bearing of South 64 degreesl2 minutes 28 seconds West and a length of 539.86
feet); thence South 88 degrees 37 minutes 32 seconds West 281.17 feet to the Southwest corner of the
North Half of the Northeast Quarter of said Section 26; thence North 00 degrees 18 minutes 34 seconds
West along the West line of said Northeast Quarter 536.60 feet to a point on a non tangent curve
concave Southeasterly having a central angle of 11 degrees 56 minutes 09 seconds and a radius of
3036.83 feet thence Northeasterly along said curve parallel with said limited access right -of -way line an
arc distance of 632.63 feet (said arc being subtended by a chord having a bearing of North 64 degrees 35
minutes 59 seconds and a length of 631.48 feet); thence North 70 degrees 34 minutes 03 seconds East
parallel with said limited access right -of -way line 534.23 feet; thence South 14 degrees 49 minutes 01
seconds East 81.22 feet; thence North 88 degrees 35 minutes 23 seconds East parallel with the North
line of said Northeast Quarter 522.50 feet; thence North 01 degrees 24 minutes 37 seconds West 430.00
feet to the North line of said Northeast Quarter; thence North 88 degrees 35 minutes 23 seconds East
along said North line 1050.89 feet to the point of beginning.
EXCEPT (Parcel 1A):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County,
Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of the
Northwest Quarter of Section 25 Township 18 North, Range 3 East; thence North 88 degrees 33 minutes
08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter to the
Northeast corner of a tract of land conveyed by Warranty Deed recorded in Deed Book 350 page 582 in
the Office of the Recorder of Hamilton County, Indiana; thence South 8 degrees 24 minutes 41 seconds
East 436.69 feet (436.52 feet deed) along the Eastern line of said tract of land to the Northwestern
Boundary of U,.S. Highway 31 thence the following five (5) courses along said Northwestern Boundary;
(1) South 69 degrees 11 minutes 51 seconds West 38.68 feet; (2) thence North 89 degrees 58 minutes
14 seconds West 105.95 feet; (3) thence South 68 degrees 14 minutes 04 seconds West 800.80 feet
(800.77 feet deed); (4) thence South 70 degrees 42 minutes 31 seconds West 1171.78 feet (1172.10 feet
deed) to the point of beginning of this description (5) thence Southwesterly 539.18 feet (540.69 feet
deed) along an arc to the left having a radius of 2436.83 feet and subtended by a long chord having a
bearing of South 64 degrees 22 minutes 12 seconds West and a length of 538.09 feet (539.58 feet deed)
Regan Property Legal Description
Page 1 of 6
to the South line of the North Half of said Northeast quarter; thence South 88 degrees 47 minutes 26
seconds West 282.51 feet (281.46 feet deed) along said south line to the west line of said Northeast
Quarter; thence North 0 degrees 10 minutes 24 seconds West 84.88 feet along said West line; thence
North 66 degrees 18 minutes 52 seconds East 19.67 feet; thence Northeasterly 283.83 feet along an arc
to the right having a radius of 555.00 feet and subtended by a long chord having a bearing of North 80
degrees 57 minutes 54 seconds East and a length of 280.74 feet; thence Northeasterly 280.39 feet along
an arc to the left having a radius of 645.00 feet and subtended by a long chord having a bearing of North
83 degrees 09 minutes 44 seconds east and a length of 278.18 feet; thence North 70 degrees 42 minutes
31 seconds East 208.05 feet to the point of beginning.
ALSO EXCEPT (Parcel 1B):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County,
Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of the
Northwest Quarter of Section 25, Township 18 North, Range 3 East; thence North 88 degrees 33 minutes
08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter to the
Northeast corner of a tract of land conveyed by a Warranty Deed recoded in Deed Book 350 page 582, in
the Office of the Recorder of Hamilton County, Indiana; thence South 8 degrees 24 minutes 41 seconds
East 138.46 feet along the Eastern line of said tract of land; thence South 55 degrees 54 minutes 38
seconds West 118.05 feet; thence North 77 degrees 12 minutes 25 seconds West 11.86 feet to the point
of beginning of this description; thence South 12 degrees 46 minutes 20 seconds West 47.35 feet;
thence Southwesterly 430.76 feet along an arc to the right having a radius of 445.00 feet and subtended
by a long chord having a bearing of South 40 degrees 30 minutes 12 seconds West and a length of
414.14 feet to the Northwestern boundary of U.S. Highway 31; thence South 68 degrees 14 minutes 04
seconds West 488.22 feet along said Northwestern boundary; thence South 70 degrees 42 minutes 31
seconds West 1171.78 feet (1172.10 feet deed) along said Northwestern boundary; thence leaving said
Northwestern boundary and continuing South 70 degrees 42 minutes 31 seconds West 208.05 feet;
thence Southwesterly 280.39 feet along an arc to the right having a radius of 645.00 feet and subtended
by a long chord having a bearing of South 83 degrees 09 minutes 44 seconds West and a length of
278.18 feet; thence Southwesterly 283.83 feet along an arc to the left having a radius of 555.00 feet and
subtended by a long chord having a bearing of South 80 degrees 57 minutes 54 seconds West and a
length of 280.74 feet; thence South 66 degrees 18 minutes 52 seconds West 19.67 feet to the West line
of said Northeast Quarter; thence North 0 degrees 10 minutes 24 seconds West 54.52 feet along said
West line; thence Northeasterly 307.31 feet along an arc to the right having a radius of 605.00 feet and
subtended by a long chord having a bearing of North 81 degrees 03 minutes 50 seconds east and a
length of 304.02 feet; thence Northeasterly 258.65 feet along an arc to the left having a radius of 595.00
feet and subtended by a long chord having a bearing of North 83 degrees 09 minutes 44 seconds East
and a length of 256.62 feet; thence North 70 degrees 42 minutes 31 seconds East 1357.27 feet thence
Northeasterly 42.97 feet along an arc to the left having a radius of 995.00 feet and subtended by a long
chord having a bearing of North 69 degrees 28 minutes 17 seconds East and a length of 42.97 feet;
thence North 68 degrees 14 minutes 04 seconds East 465.66 feet; thence Northeasterly 382.36 feet
along an arc to the left having a radius of 395.00 feet and subtended by a long chord having a bearing of
North 40 degrees 30 minutes 12 seconds East and a length of 367.60 feet; thence North 12 degrees 46
minutes 20 seconds East 47.37 feet; thence South 77 degrees 12 minutes 25 seconds East 50.00 feet to
the point of beginning.
Regan Property Legal Description
Page 2 of 6
ALSO EXCEPT (Parcel 1C):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County,
Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of the
Northwest Quarter of Section 25, Township 18 North, Range 3 East; thence North 88 degrees 33 minutes
08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter of the
Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed book 350 page 582
in the Office of the Recorder of Hamilton County, Indiana; thence South 8 degrees 24 minutes 41
seconds East 138.46 feet along the Eastern line of said tract of land; thence South 55 degrees 54
minutes 38 seconds West 118.05 feet; thence North 77 degrees 12 minutes 25 seconds West 61.86 feet
to the point of beginning of this description; thence south 12 degrees 46 minutes 20 seconds West 47.37
feet; thence Southwesterly 382.36 feet along an arc to the right having a radius of 395.00 feet and
subtended by a long chord having a bearing of South 40 degrees 30 minutes 12 seconds West and a
length of 367.60 feet; thence South 68 degrees 14 minutes 04 seconds West 465.66 feet; thence
Southwesterly 42.97 feet along an arc to the right having a radius of 995.00 feet and subtended by a
long chord having a bearing of south 69 degrees 28 minutes 17 seconds West and a length of 42.97 feet;
thence South 70 degrees 42 minutes 31 seconds West 1357.27 feet; thence southwesterly 258.65 feet
along an arc to the right having a radius of 595.00 feet and subtended by a long chord having a bearing
of South 83 degrees 09 minutes 44 seconds West and a length of 256.62 feet; thence Southwesterly
307.31 feet along an arc to the left having a radius of 605.00 feet and subtended by a long chord having
a bearing of South 81 degrees 03 minutes 50 seconds West and a length of 304.02 feet to the West line
of said Northeast Quarter; thence North 0 degrees 10 minutes 24 seconds West 43.31 feet along said
west line; thence Northeasterly 310.49 feet along an arc to the right having a radius of 645.00 feet and
subtended by a long chord having a bearing of North 81 degrees 49 minutes 31 seconds East and a
length of 307.50 feet; thence Northeasterly 241.26 feet along an arc to the left having a radius of 555.00
feet and subtended by a long chord having a bearing of North 83 degrees 09 minutes 44 seconds East
and a length of 239.37; thence North 70 degrees 42 minutes 31 seconds East 1357.27 feet; thence
Northeasterly 41.24 feet along an arc to the left having a radius of 955.00 feet and subtended by a long
chord having a bearing of North 69 degrees 28 minutes 18 seconds East and a length of 41.24 feet;
thence North 68 degrees 14 minutes 04 seconds East 465.66 feet; thence Northeasterly 315.66 feet
along an arc to the left having a radius of 355.00 feet and subtended by a long chord having a bearing of
North 42 degrees 45 minutes 39 seconds East and a length of 305.37 feet; thence North 12 degrees 47
minutes 35 seconds East 75.33 feet; thence South 77 degrees 12 minutes 25 seconds East 41.07 feet to
the point of beginning.
ALSO EXCEPT (Parcel 1D):
A part of the Northwest Quarter of Section 25 and a part of the Northeast Quarter of Section 26, all in
Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows:
Commencing at the Northwest corner of said Northwest Quarter thence North 88 degrees 33 minutes
08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter to the
Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed Book 350 page 582
in the Office of the Recorder of Hamilton County, Indiana; thence south 8 degrees 24 minutes 41
Regan Property Legal Description
Page 3 of 6
seconds East 138.46 feet along the Eastern line of said tract of land to the point of beginning of this
description; thence continuing South 8 degrees 24 minutes 41 seconds East 298.23 feet along said East
line to the Northwestern boundary of U.S. Highway 31; thence South 69 degrees 11 minutes 51 seconds
West 38.68 feet along said Northwestern boundary; thence North 89 degrees 58 minutes 14 seconds
West 105.95 feet along said Northwestern boundary; thence South 68 degrees 14 minutes 04 seconds
West 312.57 feet along said Northwestern boundary; thence Northeasterly 430.76 feet along an arc to
the left having a radius of 445.00 feet and subtended by a long chord having a bearing of North 40
degrees 30 minutes 12 seconds East and a length of 414.14 feet; thence North 12 degrees 46 minutes 20
seconds East 47.35 feet; thence South 77 degrees 12 minutes 25 seconds East 11.86 feet; thence North
55 degrees 54 minutes 38 seconds East 118.05 feet to the point of beginning.
ALSO EXCEPT (Parcel 1E):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County,
Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter; thence South 88 degrees 45 minutes 26
seconds West (bearing assumed) 57.70 feet along the North line of said Northeast Quarter to the point
of beginning of this description; thence South 12 degrees 46 minutes 20 seconds West 191.99 feet;
thence North 77 degrees 12 minutes 25 seconds West 41.07 feet; thence North 12 degrees 46 minutes
20 seconds East 181.72 feet to the North lien of said Northeast Quarter; thence North 88 degrees 45
minutes 26 seconds East 42.33 feet along said North line to the point of beginning.
ALSO EXCEPT (Parcel 1F):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County,
Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter; thence South 88 degrees 45 minutes 26
seconds West (bearing assumed) 6.17 feet along the North line of said Northeast Quarter to the point of
beginning of this description; thence South 12 degrees 46 minutes 20 seconds West 204.48 feet; thence
North 77 degrees 12 minutes 25 seconds West 50.00 feet; thence North 12 degrees 46 minutes 20
seconds East 191.99 feet to the North line of said Northeast quarter; thence North 88 degrees 45
minutes 26 seconds East 51.53 feet along said North line to the point of beginning.
ALSO EXCEPT (Parcel 1G):
A part of the Northwest Quarter of Section 25 and a part of the Northeast Quarter of Section 26, all in
Township 18 North, Range 3 East; Hamilton County, Indiana, described as follows:
Beginning at the Northwest corner of said Northwest Quarter; thence North 88 degrees 33 minutes 08
seconds East (bearing assumed) 37.71 feet along the North line of said Northwest Quarter to the
Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed Book 350 page 582
in the Office of the Recorder of Hamilton County, Indiana; thence South 8 degrees 24 minutes 41
seconds East 138.46 feet along the Eastern line of said tract of land; thence South 55 degrees 54
minutes 38 seconds West 118.05 feet; thence North 77 degrees 12 minutes 25 seconds West 11.86 feet;
thence North 12 degrees 46 minutes 20 seconds East 204.48 feet to the North line of said Northeast
Quarter; thence North 88 degrees 45 minutes 26 seconds East 6.17 feet along said North line to the
point of beginning.
Regan Property Legal Description
Page 4 of 6
ALSO EXCEPT:
Part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, in Hamilton County,
Indiana, being more particularly described as follows:
Commencing at the Northeast corner of said Northeast quarter; thence South 89 degrees 01 minutes 25
seconds West along North line of said Northeast Quarter Section a distance of 100.03 feet; thence South
13 degrees 02 minutes 19 seconds West a distance of 46.38 feet to the point of beginning; thence
continuing South 13 degrees 02 minutes 19 seconds West a distance of 86.04 feet; thence North 51
degrees 21 minutes 54 seconds West a distance of 130.93 feet; thence North 89 degrees 01 minutes 25
seconds East parallel to the North line of the Northeast Quarter of Section 26, a distance of 121.70 feet
to the point of beginning.
ALSO EXCEPT:
Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second Principal
Meridian, Clay Township Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Northeast corner of the Northeast Quarter of Section 26, Township 18 North, Range
3 East; thence on the North line of said Quarter Section, South 88 degrees 35 minutes 23 seconds West
(assumed bearing) a distance of 1005.89 feet to the point of beginning of the herein described real
estate; thence south 01 degrees 24 minutes 37 seconds East 250.00 feet; thence parallel with the North
line of said Quarter Section, North 88 degrees 35 minutes 23 seconds East 85.00 feet; thence South 01
degrees 24 minutes 37 seconds East 180.00 feet; thence parallel with the North line of said Quarter
Section, South 88 degrees 35 minutes 23 seconds West 130.00 feet to the southeast corner of Bentley
Oaks, a subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument Number
9115494, Plat Cabinet 1, Slide 170 in the Office of the Recorder of said County; thence on the East line of
said subdivision, North 01 degree 24 minutes 37 seconds West 430.00 feet to the Northeast corner of
said subdivision, said corner being on the North line of said Northeast quarter Section; thence on the
north line thereof, North 88 degrees 35 minutes 23 seconds East 45.00 feet to the point of beginning.
ALSO EXCEPT:
Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second Principal
Meridian, Clay Township, Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Northwest corner of the Northeast Quarter of Section 26, Township 18 North, Range
03 East; thence on the North line thereof, North 88 degrees 35 minutes 23 seconds East (basis of
bearing from Plat of Bentley Oaks), a distance of 1611.43 feet to the Northeast corner of Bentley Oaks, a
subdivision in Hamilton County, Indiana, the Plat of which is recorded as Instrument Number 9115494 in
the office of the Recorder of said County, said corner being the point of beginning of the herein
described real estate; thence continuing on the North line of said Quarter Section North 88 degrees 35
minutes 23 seconds East 947.98 feet to a point on the Westerly right -of -way line of a proposed
roundabout at the intersection of Oakridge Road, said point being on a non tangent curve concave
Easterly; having a central angle of 27 degrees 47 minutes 51 seconds and a radius of 96.00 feet; thence
Southerly and Southeasterly on and along said non tangent curve an arc distance of 46.90 feet (said arc
being subtended by a long chord bearing South 15 degrees 38 minutes 20 seconds East 46.42 feet) to a
Regan Property Legal Description
Page 5 of 6
non tangent line; thence on a line, which is parallel with and 45.00 feet by perpendicular measurement
South of the North line of said Quarter Section, South 88 degrees 35 minutes 23 seconds West 959.39
feet to a point on the East line of aforesaid Bentley Oaks; thence on said East line, North 01 degrees 24
minutes 37 seconds West 45.00 feet to the point of beginning.
Regan Property Legal Description
Page 6 of 6
HIGHPOINTE ON MERIDIAN
Planned Unit Development
ZONING SUMMARY
This is a summary of the current zoning and proposed rezoning of the 27± acre parcel of
the undeveloped land owned by Frank Regan, located south and west of the intersection of 136
Street and Illinois Parkway, and to be developed as I lighpointe on Meridian -A Planned Unit
Development.
St. Virtcei
Carme:, Hgspitat
Cain
Current Zoning and Carmel Clay Comprehensive Plan
The parcel is currently zoned as B -5, Business District, and is located in the L.S. 31 Overlay
Zone. This zoning district is intended to provide a location for office buildings and general offices.
However, because this district, and in fact this parcel, is frequently found in close proximity to
residential areas, the intent of this district under the zoning ordinance is to allow for a compatible
mixture of the commercial and residential uses with reasonable regulations. The zoning ordinance
specifically allows for both commercial and residential uses in the B -5 district. Residential uses
include single family, two family and multi family dwelling units and retirement cormnunities,
together with commercial uses ranging from hospitals, clinics and medical facilities to office
buildings and financial institutions. The U.S. 31 Overlay Zone excludes all residential uses, but it is
important to recognize that although the parcel is within the L.S. 31 Overlay Zone, it is nearly 200
feet from the drive lanes of U -S. 31 and is separated from the highway by the state highway right-of-
way and Illinois Parkway. \s will be discussed below, the Carmel Clay Comprehensive Plan
specifically addresses development adjacent to Illinois Parkway.
The Carmel Clay Comprehensive Plan (C3 Plan) designates the parcel under the
"Employment Node" land classification. The purpose of this classification is to allow for office
buildings providing regional employment with the opportunity to integrate mixed uses, including
multi family residential use, into a development. The C3 Plan is also cognizant of the residential
areas near Illinois Parkway and provides that building heights should be reduced adjacent to Illinois
Parkway. Illinois Parkway is intended under the C3 Plan to establish the transition from the intense
office use in the U.S. 31 Corridor to adjacent low density residential areas.
KRIEG 3EVAULTLP
Highpointe On Meridian
Zoning Summary
Page 2
Proposed Development and Rezoning of Parcel
Due to the unique location of the parcel within the U.S. 31 Corridor, but west of Illinois
Parkway, and adjacent to single family residential development, the proposed development has been
designed to: integrate a mix of commercial and residential uses contemplated by the B -5 zoning
district; recognize the commercial nature of the Corridor; and advance the objectives and
recommendations of the C3 Plan. Mr. Regan and the prospective development entities believe that
the adoption of a Planned Unit Development "PUD Ordinance is the most appropriate way to
achieve this design and define the development of the parcel. The PUD Ordinance will
appropriately address the uses to be permitted as well as the standards for the development of these
uses on the parcel. It is the intention of the parties to establish the PUD Ordinance first and then to
return to the Plan Commission with specific development, design and construction plans for
approval under the Development Plan /Architectural Design, Exterior Lighting, Landscaping and
Signage application process.
As stated above, the proposed development of the parcel involves the integration of
commercial and residential uses. The PUD Ordinance will provide for the development of
residential uses limited to multi- family dwelling units and a senior living community. The PUD
Ordinance will allow for a range of lifestyle options to be developed from independent living to
skilled nursing care within the senior living community and both owner occupied and leased multi-
family units. General and professional office uses will be permitted to promote the intent of the
U.S. 31 Corridor. Lirnited retail and service commercial uses, supportive of the commercial and
residential uses, will also be permitted.
Although specific plans will not be submitted for development of the parcel at this time,
conceptual site plans and conceptual building renderings are being prepared to assist in the review of
the PUD Ordinance and to illustrate how the development standards contained in the PUD
Ordinance could be applied. The development standards contained in the PUD Ordinance will
carefully consider and address the standards of the U.S. 31 Corridor but will also be drafted to
recognize the adjacent residential areas and the guidelines set forth in the C3 Plan. Accordingly, the
development standards to be established for building heights and building setback lines will be
complimentary with the U.S. 31 Corridor and the Illinois Parkway streetscape but will be consistent
with the direction and intent of the C3 Plan for development west of Illinois Parkway.
3671373 2.DOC\
KRIEG DEVAULT.,
ORDINANCE
NO. Z-
HIGHPOINTE ON MERIDIAN
PLANNED UNIT DEVELOPMENT
DISTRICT
12/22/11
WHEREAS, Section 31.6.4 of the Carmel Zoning Ordinance Z -289, (the "Carmel Zoning
Ordinance provides for the establishment of a Planned Unit Development District in
accordance with the requirements of I.C. 36 -7 -4 -1500 et seq.;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that pursuant to I.C. 36 -7 -4 -1500 et seq., and after receiving a favorable
recommendation by the Carmel Plan Commission under docket number it hereby
adopts this ordinance, (the "Ordinance to establish the Highpointe On Meridian Planned Unit
Development District, as an amendment to the Carmel Zoning Ordinance.
Section 1. Applicability of Ordinance:
Section 2. Plan Commission Approval and Zoning Waiver:
Ordinance No. Z-
Sponsor: Councilor(s)
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF CARMEL, INDIANA ESTABLISHING
THE HIGHPOINTE ON MERIDIAN
PLANNED UNIT DEVELOPMENT DISTRICT
Section 1.1. The Official Zoning Map of the City of Carmel and Clay Township, a part
of the Carmel Zoning Ordinance, is hereby changed to designate the land described in
Exhibit "A (the "Real Estate as a planned unit development district.
Section 1.2. Development in the planned unit development district shall be governed
entirely by the provisions of this Ordinance, with the exception that provisions of the
Carmel Zoning Ordinance specifically referenced within this Ordinance shall also apply.
All prior ordinances or parts thereof inconsistent with any provision of this Legacy
Ordinance and its exhibits are hereby inapplicable to the use and development of the Real
Estate.
Section 1.3. Any capitalized term not defined herein shall have the meaning as set forth
in the Carmel Zoning Ordinance.
Section 2.1. Development Plan. The Commission shall review the Development Plan
(DP) of any proposed use of any Lot or parcel of ground within the Real Estate prior to the
issuance of an Improvement Location Permit by the Department. See Section 24.02:
Development Plan of the Carmel Zoning Ordinance.
A. The Commission must approve, approve with conditions, or disapprove
the Development Plan (DP) for any tract of land within the Real Estate.
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 2
12 -22 -11
B. The Commission shall hold a public hearing before it decides whether to
approve or disapprove a DP. However, no DP is required for additions to existing
structures which:
a. Are attached to the existing structure;
b. Continue the architectural design of the existing structure,
including exterior color and materials; doors and windows, other
detailing;
c. Meet with requirements of this Ordinance;
d. Do not exceed twenty percent (20 of the original gross floor area
of the existing structure, applicable from the date of this ordinance,
and,
e. Have received a prior ADLS approval from the Commission.
C. The Commission shall review a DP application to determine if the DP
satisfies the development requirements specified in Sections 23B.03 through
23B.08 of the Carmel Zoning Ordinance. The Commission's review shall
include, but not be limited to, the following items:
a. Existing site features, including topography and wooded areas;
b. Zoning on site;
c. Surrounding zoning and existing land use;
d. Streets, curbs and gutters, sidewalks, and bicycle paths;
e. Access to public streets;
f. Driveway and curb cut locations in relation to other sites;
g. General vehicular and pedestrian traffic;
h. Vehicle and bicycle parking facilities and internal site circulation;
i. Special and general easements for public or private use;
j. On -site and off -site surface and subsurface storm water drainage
including drainage calculations;
k. On -site and off -site utilities;
1. The means and impact of sanitary sewage disposal and water
supply techniques;
m. Dedication of streets and rights -of -way, or reservation of land to be
sold to governmental authorities for future development of streets
and rights -of -way;
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 3
n. Proposed setbacks, site landscaping and screening, and
compatibility with existing platted residential uses;
o. Project signage; and
P.
Compatibility of proposed project with existing development
within the Real Estate.
D. The Commission shall make written findings concerning each decision to
approve or disapprove a DP. The President of the Commission shall be
responsible for signing the written findings of the Commission.
Section 2.2. Architectural Design, Exterior Lighting, Landscaping and Signage. To
insure the compatibility of the proposed use with adjoining areas, the Commission shall
review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS)
application of any proposed use of any Lot or parcel of ground within the Real Estate prior
to the issuance of an Improvement Location Permit by the Department. See Section 24.03:
Architectural Design, Exterior Lighting, Landscaping and Signage of the Carmel Zoning
Ordinance.
Except as provided in Section 2.1 B. above, for all projects within the Real Estate, the
Commission shall review and approve the Architectural Design, Exterior Lighting,
Landscaping and Signage (ADLS), access to the property, site layout, parking and site
circulation, pursuant to Sections 23B.09 through 23B.15 of the Carmel Zoning Ordinance.
A. ADLS approval shall be necessary prior to:
a. The establishment of any use of land;
b. The issuance of any Improvement Location Permit;
c. The erection, reconstruction or structural alteration of any
building(s) within the Real Estate; or
d. Any changes in any site improvements.
B. An amendment to an ADLS may be reviewed and approved by a
committee of the Commission according to the Rules of Procedure. However, any
interested party may appeal the decision of the committee directly to the
Commission.
Section 2.3 Zoning Waiver. The applicant may request a Plan Commission Waiver to
the dimensional and quantitative standards of this Ordinance, by not greater than thirty-
five percent (35 The Commission may, after a public hearing, grant a Plan
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 4
Commission Waiver of the Development Requirements of this Ordinance. Any approval
to permit such a waiver shall be subject to the following criteria:
A. The proposal will be in harmony with the purposes and the land -use
standards contained in this Chapter.
B. The proposal will not produce a Site Plan or street/circulation system that
would be impractical or detract from the appearance of the Development Plan, and
will not adversely affect emergency vehicle access or deprive adjoining properties
of adequate light and air.
C. The proposal exhibits creative building and site design characteristics,
including, but not limited to: architectural style and/or scale, landscape treatment,
tree preservation, public art, provisions for bicycles and/or mass transit, reduced
surface parking coupled with provisions for above or below ground parking
facilities.
In granting a waiver, the Commission may impose such reasonable conditions that will, in
its judgment, promote the purposes of this Ordinance. This Section does not affect the
right of an applicant under Indiana law to petition the Board for a variance from
development standards, as provided in IC 36 -7 -4 -918.5 and the Carmel Zoning Ordinance.
Section 3. Permitted Uses:
Section 3.1. Permitted Primary Uses.
Amenity Area
Artificial Lake or Pond
Automated Teller Machine
Clinic or medical health center
College or University
Day Care
Financial Institution
General Office
General Retail and Personal Services
to space and operation limitations)
Nursing, Retirement or Convalescent
(hereinafter referred to a Senior
Community)
(subject
Facility
Living
Health and Fitness Facility
Kindergarten Pre School Private School
Medical Office
Multi Family Housing Complex
Physical Therapy Rehabilitation Facility
Private Parking Area
Professional Office
Trade or Business School
Restaurant (with walk -up window but no drive
thru window)
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 5
Section 3.2 Retail and Service Uses:
Retail and service uses may be included in one or more buildings within a DP, subject to
the following:
Section 4. Definitions:
12 -22 -11
A. Retail and Service Uses may comprise up to:
a. Fifteen percent (15 of the Gross Floor Area (GFA) of any
building; or,
b. Up to thirty percent (30 of the GFA of one building may be
retail and service uses, provided that:
1. Total square footage of retail and service uses designated in
the development plan does not exceed fifteen percent (15 of the
GFA of all buildings combined; or,
2. Retail and service uses over fifteen percent (15 of the
GFA of any one building be located on the ground floor or below
grade.
B. The Commission may grant a zoning waiver to allow retail and service
uses to be located on floors other than ground or below grade, pursuant to the
criteria found in Section 2.3 above
Section 3.3 Accessory Buildings and Uses. All Accessory Buildings and uses which
are permitted in the B -5 zoning district (including Private Garages and carports) shall be
permitted.
AMENITY AREA. An area, building and/or other facility containing amenity services,
recreational activities; fitness and/or exercise services and facilities, community rooms
and other facilities intended for the use of and to serve the residents of a Multi Family
Housing Complex, a Senior Living Community, as well as for office /service /retail tenants
and their employees located on the Real Estate; including, but not limited to: private
recreational facilities; swimming pools; changing areas and storage; recreational and
fitness areas and equipment; tennis, basketball, volleyball and multi- purpose sport courts;
laundry facilities; concierge services; leasing property management offices; meeting
rooms; and other facilities and amenities intended to benefit the development and use of
the Real Estate.
DAY CARE. A program for the care of preschool and school age children and/or adults
away from their permanent residence for any part of a twenty -four (24) hour day.
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 6
Section 5. Height, Area and Architectural Requirements:
12 -22 -11
PRESERVATION /CONSERVATION AREA. The area of the Real Estate generally
located at the northeast end of the Real Estate south and west of the intersection of
Illinois Street and 136 Street.
Section 5.1. Maximum Building Heights: Multi Family Housing Complex, Senior
Living Community and other uses: sixty (60) feet or three (3) stories; office uses:
seventy -two (72) feet.
Section 5.2. Minimum Building Heights:
A. Principal Buildings: Twenty -six (26) feet or two (2) stories;
B. Accessory Buildings (including Private Garages and carports) and
Amenity Area buildings: one (1) story
Section 5.3. Minimum Building Setbacks: The minimum building setback will be
thirty (30) feet from the right -of -way line of Illinois Street. The minimum building
setback will be twenty -five (25) feet from the right -of -way line of 136 Street.
Section 5.4. Minimum Side and Rear Yards:
A. Multi Family Housing Complex: Five (5) feet.
B. Senior Living Community and other uses: Adjacent to residential zone
Forty-five (45) feet; Adjacent to multi family or business use or zone
Five (5) feet.
C. Office: Adjacent to residential zone 2.5 times the height of the building;
Adjacent to office, multi family or senior living community use or zone
Five (5) feet.
Section 5.5 Minimum Distance Between Buildings: Ten (10) feet.
Section 5.6 Multi Family Housing Complex Maximum Number of Units: Two
Hundred Fifty (250) units.
Section 5.7 Maximum Parcel Coverage Commercial. Sixty -five percent (65
Section 5.8 Maximum Floor Area Ratio Commercial: Seventy percent (70
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 7
Section 5.9. Architectural Design Requirements:
A. Minimum Unit Square Footage for Multi Family Housing Complex Unit:
550 square feet.
B. Building Materials:
Multi Family Housing Complex Senior Living Community other uses:
Building exteriors may be comprised of: masonry (excluding concrete or
split -face block); wood; pre -cast concrete and cementitious board as
primary material on first floor; other sidings (excluding vinyl) are
permitted on upper floors (Stucco or EIFS may also be applied as trim
detail but cannot exceed 10% of the overall non window facade area).
Office: A minimum of three (3) materials for building exteriors from the
following list: stone, brick, architectural pre -cast (panels or detailing),
architectural metal panels, glass and ornamental metal. Large expanses of
glass are allowed, up to seventy percent (70 of the facade area. The
building may not be constructed entirely of a metal and glass curtain wall.
Stucco or EIFS may also be applied as trim detail but cannot exceed 10%
of the overall non window facade area.
C. Footprint: All buildings will be designed in order to eliminate
monotonous box buildings. Office buildings will be designed with a minimum of
eight (8) external corners.
D. Roof:
Multi Family Housing Complex: Rooflines will not have unbroken lines
greater than one hundred (100) feet in length. Projecting hip and gable
roof elements will constitute a break in the roofline.
Senior Living Community, Office and other uses: Sloped roofs will not
exceed one hundred (100) feet without a change in roof plane, or gable or
dormer. Sloped roofs shall be either standing seam metal or dimensional
shingles. Modulation of the roof and/or roof line will be required in order
to eliminate box shaped buildings.
Parapets. Parapets must be fully integrated into the architectural design of
the building and provide seamless design transitions, including exterior
materials, between the main building mass, mechanical penthouses and
other roof structures. Should they be used, partial parapets shall have a
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 8
return that extends inward to at least the first structural bay, or twenty -five
(25) feet, whichever is greater.
E. Wall Planes: Multi Family Housing Complex: Walls will not have
unbroken planes greater than sixty (60) feet in length. Units may be differentiated
by plan and material changes and by separate entrances.
F. Porch/Entryways: Multi Family Housing Complex: Stoops should be
covered to provide shelter. Individual porches, balconies, stoops or similar
outdoor space are encouraged on the front and/or rear of the building
G. Facades: Continuous facades of more than 200 feet wide shall be designed
with vertical offsets at intervals which divide the facade. Offsets may be
projecting, recessed or may be a simple change in building material or detailing.
H. Windows: All window design shall be compatible with the style,
materials, architectural detail and proportion of the building. In a Multi Family
Housing Complex, (except for garages and garage portions of a building) a
minimum of two (2) windows per level, per exposed facade, will be required (a
vent may be substituted for a window on a gable). All windows will be fully
framed and trimmed.
I. Trash Areas: Trash receptacle areas will be fully screened on all four (4)
sides to a minimum height of the dumpster or compactor or two (2) feet.
Screening materials will consist of the exterior building materials of the principal
building(s). All doors will have an automatic closure mechanism such as spring
loaded hinges.
J. Mechanical Equipment: Excepting for a Multi- Family Housing Complex
or a Senior Living Community, any mechanical equipment located on the ground
and visible from an adjoining public street will be fully screened by suitable
landscaping or fencing in general architectural compatibility with the building(s)
with which it is associated. Screening materials may include aluminum, brick,
wood, stone and other attractive masonry screening materials. Any mechanical
equipment located on the ground and visible from an adjoining public street in a
Multi Family Housing Complex or a Senior Living Community will be screened
with suitable landscaping or fencing in general architectural compatibility with the
building(s) with which it is associated. If fencing is used for screening, materials
may include aluminum, brick, stone, wood or other attractive masonry screening
materials. Rooftop mechanical and telecommunication equipment will be fully
screened on all sides using parapets, penthouse screens or other similar method
and which are integrated into the overall building design.
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 9
Section 6. Landscaping Requirements.
12 22 11
K. Loading Area: Office buildings will be required to have a separate loading
area if the square footage of the building exceeds one hundred thousand (100,000)
square feet. Any loading area visible from Illinois Street shall be screened subject
to the approval of the Commission.
Section 6.1. Landscaping Plan: A landscaping plan will be submitted to the
Commission for its approval at the same time the other plans on architectural
design, landscaping, parking, signage, and lighting, "ADLS are submitted. This
plan shall:
A. be drawn to scale, including dimensions and distances;
B. delineate all existing and proposed structures, private parking areas, walks,
ramps for handicapped, terraces, drive -ways, signs, lighting standards, steps and
other similar structures; and
C. delineate the location, size and description of all landscape material and
the irrigation system for all planting areas. Landscape treatment for plazas, roads,
paths, service and private parking areas shall be designed as an integral and
coordinated part of the landscape plan for the entire tract.
Section 6.2. Landscape Standards.
A. Planting and Landscape Materials: All trees, shrubs and ground cover will
be planted according to the standards established under the American
Standard for Nursery Stock (ANSI Z60.1) and by the Urban Forestry
Division of the Department of Community Services of the City of Carmel.
Trees, plants and other landscape materials will be appropriate to local
growing and climatic conditions. All trees, plants and other landscape
materials to be installed and maintained with the current pipeline easement
adjacent to Illinois Street will be further subject to the approval of the
owner of the pipeline and grantee under the easement.
B. Materials: All plants proposed to be used in accordance with any
landscaping plan shall meet the following specifications:
a. Shade trees: two and one -half inch (2'/z caliper.
b. Ornamental trees: one and one -half inch (1'V2 caliper.
c. Evergreen trees: A minimum height of six (6) feet.
d. Shrubs (deciduous and evergreen): minimum height and spread of
eighteen inches (18
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 10
C. Installation: All required landscaping shall be installed prior to the
issuance of a Final Certificate of Occupancy by the Department. If it is not
possible to install all of the required landscaping because of weather
conditions, the property owner shall complete the required landscaping not
installed prior to the issuance of the Final Certificate of Occupancy, within
one hundred twenty (120) days following the issuance of the Final
Certificate of Occupancy.
D. Maintenance: It shall be the responsibility of the owners and their agents
to insure maintenance of project landscaping approved in accordance with
the requirements of this Ordinance. This is to include, but is not limited
to, 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.
E. Changes After Approval: No landscaping which has been approved by the
Commission may later be materially altered, eliminated or sacrificed,
without first obtaining further Commission approval. However, minor
alterations in landscaping may be approved by the Director in order to
conform to specific site conditions.
F. Inspection: The Director shall have the authority to visit the Real Estate to
inspect the landscaping and check it against the approved plan on file.
G. Illinois Street: Along Illinois Street, due to the 50 foot gas line easement,
planting and landscaping with a shallow root system is to be installed
within the easement area. Subject to approval of the pipeline company as
to species and planting details, for each one hundred (100) linear foot
increment: four (4) ornamental trees and ten (10) shrubs.
H. 136 Street. Along 136 Street, due to the overhead power line running
along the south right of way line adjacent to the Real Estate, for each one
hundred (100) linear foot increment: four (4) ornamental trees and ten (10)
shrubs.
I. North Property Line Adjacent to Residential District. A landscape buffer,
ten (10) feet in width will be required and for each one hundred (100)
linear foot increment: five (5) shade trees and twenty (20) shrubs.
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 11
12 -22 -11
J. Planting Adjacent to Principal Buildings Other than Multi Family Housing
Complex Buildings:
a. A planting area equal to an area measuring fifteen (15) feet in
depth by the width of the front of a standalone Principal Building
plus twenty (20) feet (to extend ten (10) feet out on both sides)
shall be installed at the front of a building facing Illinois Street.
b. A planting area equal to an area ten (10) feet in depth shall be
installed on the sides and rear of the building.
c. Sidewalks up to eight (8) feet in width are permitted in these areas,
but shall not occupy the entire area on any side of a building.
d. These adjacent planting areas need not be rectangular in shape as
long as the required amount of space is landscaped, innovative and
original designs are encouraged. Clustering of trees and shrubs is
also encouraged. Landscaping interior courtyards is encouraged
and may be used to satisfy the planting area requirements.
K. Planting Adjacent to Multi Family Housing Complex Buildings:
a. Excepting for those Multi Family Housing Complex Buildings
fronting Illinois Street, foundation building plantings will be
required, when not abutting planted hardscapes, to soften the
architectural lines of buildings, frame the primary views to
buildings and public spaces, and blend architectural designs with
the landscape. Foundation plantings will be designed to
appropriately complement the building's use, setback height and
architectural features. Window boxes for flowers and planters on
front stoops and sidewalks are encouraged in areas where
landscaping cannot be installed at the base of a building due to the
building's proximity to a sidewalk, path, street, right —of -way or
easement. Excepting for Accessory Buildings (including Private
Garages and carports) and Amenity Area Buildings, the following
foundation building planting standards will be required: along the
front of all buildings, 3 shade trees, 3 ornamental trees and 25
shrubs per 100 linear feet of building frontage on a street or right
of -way (public or private). A planting area 5 feet in depth will be
required on the sides and rear of all buildings. Sidewalks up to 8
feet in width may be permitted in these areas but may not occupy
the entire planting area on any side of the building. These adjacent
planting areas need not be rectangular in shape as long as the
required amount of space is landscaped; innovative and original
designs are encouraged. Clustering of trees and shrubs is also
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 12
encouraged. Landscaping interior courtyards is encouraged and
may be used to satisfy the planting area requirements.
b. Sidewalks are permitted in these areas, but shall not occupy the
entire area on any side of a multi tenant building (excepting for
those areas adjacent to access points to a multi tenant building).
c. These adjacent planting areas need not be rectangular in shape as
long as the required amount of space is landscaped, innovative and
original designs are encouraged.
L. Planting Within Parking Areas:
a. Multi Family Housing Complex: Any parking area visible from
Illinois Street (excluding parking on private drives and streets) will be
required to have 1 shade tree and 5 shrubs for every nine parking spaces.
b. Office, Senior Living Community and Other Uses: 1 shade tree
and 5 shrubs for every 9 parking spaces. Except where perimeter
landscape buffering is in place, a 10 foot wide perimeter planting strip will
be required on those sides of the parking lot adjacent to a residential zone
containing 5 shade trees and 20 shrubs per 100 linear feet (evergreen trees
may be planted in lieu of shrubs on a 1:3 basis). Along all entry drives
from Illinois Street to the parking area a landscape strip containing: 2
shade trees, 2 ornamental trees and 10 shrubs per 100 linear feet will be
required.
M. Preservation/Conservation Area: Following construction of a proposed
drainage facility and the relocation of the legal drain within the
Preservation/Conservation Area, the Developer will preserve and maintain
(including removal of invasive species and diseased and/or dead
vegetation, and replanting) the vegetation, including but not limited to
trees, shrubs and native grasses, in the Preservation/Conservation Area;
subject, however, to the provisions of the Hamilton County Stormwater
Management Technical Standards Manual, Hamilton County stormwater
and drain regulations and all other applicable State and local statutes,
regulations or orders governing stormwater drainage and legal drains. Any
new planting and/or replanting will be done consistent with and pursuant
to the list of species approved by the City of Carmel.
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 13
Section 7. Parking Requirements:
12 -22 -11
A. Minimum Number of Parking Spaces:
a. Office (Professional and Medical): Four (4) spaces per one
thousand (1,000) square feet.
b. Senior Living Community: Sixty -seven one hundredth (.67) spaces
per unit.
c. Multi Family Housing Complex: One and five tenths (1.5) spaces
per unit.
d. All other uses: Per Carmel Zoning Ordinance.
B. On Street/Private Drive Parking: Each space will be a minimum of
eighteen (18) feet in length.
C. Bicycle Parking: Bicycle Parking will be provided in compliance with
Section 27.06 of the Carmel Zoning Ordinance. Provided however,
bicycle parking spaces in a Multi Family Housing Complex may be
provided in Private Garages to satisfy the minimum number of bicycle
parking spaces.
Section 8. Lighting Requirements:
A. A site lighting plan shall be submitted along with the information on
ADLS. The site lighting plan shall include the layout, spread and intensity of all
site lighting, including:
a. parking lot and service /storage area lighting;
b. architectural, display lighting;
c. security lighting;
d. lighting of pedestrian and bicycle ways;
e. landscape lighting.
B. The maximum height of light standards shall not exceed twenty -five (25)
feet. However, when light standards abut or fall within ninety (90) feet of a
residential district or use, they shall not exceed fifteen (15) feet.
C. All site pole lights and wall mounted lights shall be low- level, 90° cutoff
luminaires and shall not spill over into adjoining properties in excess of 0.3 foot
candle in multi family, senior living and all commercial areas, and 0.1 foot -candle
in residential areas.
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 14
Section 9. Signage.
Section 9.1. Sign Plan: A sign plan shall be submitted for the Commission's approval
as part of an ADLS or ADLS amendment application.
Section 9.2. Sign Standards: The signs within the Highpointe On Meridian Planned Unit
Development District shall conform to the following standards, unless specified
otherwise in this Ordinance;
Section 9.3. Signage:
A. The color of the signs shall not be restricted; however, subject to Federal
trademark protections, each office or other commercial building shall have a
palette of colors approved at the time of the ADLS approval for the building. The
palette of colors may be amended by petition to and upon the approval of a
Committee of the Commission pursuant to the Commission's Rules of Procedure.
B. The Maximum Sign Area for wall signage for office or other commercial
buildings will be determined in accordance with the non freeway sign chart
applicable for tenants in Single Tenant Multi -Tenant Buildings (Ground Floor
Multi Level) as set forth in the Carmel Zoning Ordinance. Wall signs shall be
composed of individual letters and logos and may be illuminated by internal or
external sources. Tenants in office or other commercial buildings with more than
one frontage on a public street or private drive are allowed one wall identification
sign per frontage on a public street or private drive. Provided, however, that there
shall be no wall signs on the facade of any building facing a single family
residential zoning district.
C. Two (2) district identification Ground Signs for the Highpointe On
Meridian Planned Unit Development District each with a maximum height of
eight (8) feet six (6) inches and a maximum sign area of one hundred (100) square
feet shall be allowed at: (a) the south entrance to the Highpointe On Meridian
Planned Unit Development District approximately one thousand five hundred
(1,500) feet north of the intersection of Shakamac Drive with Illinois Street and
(b) at the north entrance to the Highpointe On Meridian Planned Unit
Development District south and west of the intersection of Illinois Street and
136 Street. These district identification Ground Signs may not include tenant
identification and will be consistent in design with the design approved by the
Commission or a Committee of the Commission.
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 15
Section 10. Approval or Denial of the Preliminary and Final Development Plans:
Section 11.
12 22 11
D. Office, Senior Living and Multi- Family Housing Complex project ground
signs with a maximum height of eight (8) feet six (6) inches and a maximum sign
area of fifty (50) square feet shall be allowed at the primary entrance to each
project from Illinois Street and at the entrance to the Multi Family Housing
Complex from 136 Street.
A. The Commission shall approve without conditions, approve with
conditions, or disapprove the Preliminary Development Plan "PDP for any
project on the Real Estate. Provided, however, that the Commission shall not
unreasonably withhold or delay the approval of a PDP that is in conformance with
this Ordinance and the applicable provisions of the Carmel Zoning Ordinance. If
the Commission disapproves the PDP for any project on the Real Estate, the
Commission shall set forth in writing the basis for the disapproval.
B. The Director shall approve without conditions, approve with conditions, or
disapprove the Final Development Plan "FDP for any project on the Real
Estate. Provided, however, that the Director shall not unreasonably withhold or
delay the approval of a FDP that is in conformance with this Ordinance and the
applicable provisions of the Carmel Zoning Ordinance. If the Director disapproves
the FDP for any project on the Real Estate, the Director shall set forth in writing
the basis for the disapproval.
C. An amendment to a PDP or FDP which does not alter the use of any land
may be reviewed and approved by the Director. However, any interested party
may appeal the decision of the Director directly to a committee of the
Commission.
D. The PDP shall be a preliminary plan for the development of real property
that is submitted for approval by the Commission showing proposed facilities and
structures and parking information for a site on the Real Estate.
E. The FDP shall be a specific plan for the development of real property that
is submitted for approval by the Director showing proposed facilities and
structures, parking, drainage, erosion control, utilities and building information
for a site on the Real Estate.
Violations of Ordinance: All violations of this Ordinance shall be subject to
Section 34.0 of the Carmel Zoning Ordinance.
Section 12. All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 16
Section 13. This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
PASSED by the Common Council of the City of Carmel, Indiana this day of
2012, by a vote of ayes and nays.
Kevin Rider
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer Carol Schleif
President Pro Tempore W. Eric Seidensticker
Ronald E. Carter Richard L. Sharp
Sue Finkam Luci Snyder
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Page 17
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2002, at M.
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2012, at M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
Prepared by: Paul G. Reis, Esq.
Attorney -at -Law
Krieg DeVault LLP
12800 N. Meridian, Suite 300
Carmel, Indiana 46032
3763972 4.DOCX
Diana L. Cordray, IAMC, Clerk- Treasurer
EXCEPT (Parcel 1A):
12 -21 -11
EXHIBIT A
HIGHPOINTE ON MERIDIAN
PLANNED UNIT DEVELOPMENT ORDINANCE
Legal Description of Real Estate
A part of the Northeast Quarter of Section 26 and a part of the Northwest quarter of Section 25,
both in Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township,
Hamilton County, Indiana, more particularly described as follows:
Beginning at the Northwest corner of the Northwest Quarter of said Section 25; thence North 88
degrees 21 minutes 51 seconds East (assumed bearing) along the North line of said Northwest
Quarter 37.71 feet; thence South 08 degrees 35 minutes 58 seconds East 436.36 feet to a point on
the limited access right -of -way line; 1) South 69 degrees 00 minutes 19 seconds West 38.72 feet;
2) South 89 degrees 51 minutes 28 seconds West 64.02 feet to a point on the West line of said
Northwest Quarter; 3) south 89 degrees 51 minutes 27 seconds west 41.93 feet; 4) South 68
degrees 03 minutes 45 seconds West 800.77 feet; 5) South 70 degrees 34 minutes 03 seconds
West 1172.10 feet to a tangent curve concave Southeasterly having a central angle of 12 degrees
43 minutes 09 seconds and a radius of 2,436.83 feet; 6) Southwesterly along said curve an arc
distance of 540.97 feet (said arc being subtended by a chord having a bearing of South 64
degreesl2 minutes 28 seconds West and a length of 539.86 feet); thence South 88 degrees 37
minutes 32 seconds West 281.17 feet to the Southwest corner of the North Half of the Northeast
Quarter of said Section 26; thence North 00 degrees 18 minutes 34 seconds West along the West
line of said Northeast Quarter 536.60 feet to a point on a non tangent curve concave
Southeasterly having a central angle of 11 degrees 56 minutes 09 seconds and a radius of
3036.83 feet thence Northeasterly along said curve parallel with said limited access right -of -way
line an are distance of 632.63 feet (said arc being subtended by a chord having a bearing of North
64 degrees 35 minutes 59 seconds and a length of 631.48 feet); thence North 70 degrees 34
minutes 03 seconds East parallel with said limited access right -of -way line 534.23 feet; thence
South 14 degrees 49 minutes 01 seconds East 81.22 feet; thence North 88 degrees 35 minutes 23
seconds East parallel with the North line of said Northeast Quarter 522.50 feet; thence North 01
degrees 24 minutes 37 seconds West 430.00 feet to the North line of said Northeast Quarter;
thence North 88 degrees 35 minutes 23 seconds East along said North line 1050.89 feet to the
point of beginning.
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton
County, Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of
the Northwest Quarter of Section 25 Township 18 North, Range 3 East; thence North 88 degrees
33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest
Quarter to the Northeast corner of a tract of land conveyed by Warranty Deed recorded in Deed
Book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence South 8
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Exhibit A Legal Description of Real Estate
Page 2 of 6
degrees 24 minutes 41 seconds East 436.69 feet (436.52 feet deed) along the Eastern line of said
tract of land to the Northwestern Boundary of U,.S. Highway 31 thence the following five (5)
courses along said Northwestern Boundary; (1) South 69 degrees 11 minutes 51 seconds West
38.68 feet; (2) thence North 89 degrees 58 minutes 14 seconds West 105.95 feet; (3) thence
South 68 degrees 14 minutes 04 seconds West 800.80 feet (800.77 feet deed); (4) thence South
70 degrees 42 minutes 31 seconds West 1171.78 feet (1172.10 feet deed) to the point of
beginning of this description (5) thence Southwesterly 539.18 feet (540.69 feet deed) along an
arc to the left having a radius of 2436.83 feet and subtended by a long chord having a bearing of
South 64 degrees 22 minutes 12 seconds West and a length of 538.09 feet (539.58 feet deed) to
the South line of the North Half of said Northeast quarter; thence South 88 degrees 47 minutes
26 seconds West 282.51 feet (281.46 feet deed) along said south line to the west line of said
Northeast Quarter; thence North 0 degrees 10 minutes 24 seconds West 84.88 feet along said
West line; thence North 66 degrees 18 minutes 52 seconds East 19.67 feet; thence Northeasterly
283.83 feet along an arc to the right having a radius of 555.00 feet and subtended by a long chord
having a bearing of North 80 degrees 57 minutes 54 seconds East and a length of 280.74 feet;
thence Northeasterly 280.39 feet along an arc to the left having a radius of 645.00 feet and
subtended by a long chord having a bearing of North 83 degrees 09 minutes 44 seconds east and
a length of 278.18 feet; thence North 70 degrees 42 minutes 31 seconds East 208.05 feet to the
point of beginning.
ALSO EXCEPT (Parcel 1B):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton
County, Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of
the Northwest Quarter of Section 25, Township 18 North, Range 3 East; thence North 88 degrees
33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest
Quarter to the Northeast corner of a tract of land conveyed by a Warranty Deed recoded in Deed
Book 350 page 582, in the Office of the Recorder of Hamilton County, Indiana; thence South 8
degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land;
thence South 55 degrees 54 minutes 38 seconds West 118.05 feet; thence North 77 degrees 12
minutes 25 seconds West 11.86 feet to the point of beginning of this description; thence South 12
degrees 46 minutes 20 seconds West 47.35 feet; thence Southwesterly 430.76 feet along an arc to
the right having a radius of 445.00 feet and subtended by a long chord having a bearing of South
40 degrees 30 minutes 12 seconds West and a length of 414.14 feet to the Northwestern
boundary of U.S. Highway 31; thence South 68 degrees 14 minutes 04 seconds West 488.22 feet
along said Northwestern boundary; thence South 70 degrees 42 minutes 31 seconds West
1171.78 feet (1172.10 feet deed) along said Northwestern boundary; thence leaving said
Northwestern boundary and continuing South 70 degrees 42 minutes 31 seconds West 208.05
feet; thence Southwesterly 280.39 feet along an arc to the right having a radius of 645.00 feet
and subtended by a long chord having a bearing of South 83 degrees 09 minutes 44 seconds West
and a length of 278.18 feet; thence Southwesterly 283.83 feet along an arc to the left having a
12 -22 -11
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Exhibit A Legal Description of Real Estate
Page 3 of 6
radius of 555.00 feet and subtended by a long chord having a bearing of South 80 degrees 57
minutes 54 seconds West and a length of 280.74 feet; thence South 66 degrees 18 minutes 52
seconds West 19.67 feet to the West line of said Northeast Quarter; thence North 0 degrees 10
minutes 24 seconds West 54.52 feet along said West line; thence Northeasterly 307.31 feet along
an arc to the right having a radius of 605.00 feet and subtended by a long chord having a bearing
of North 81 degrees 03 minutes 50 seconds east and a length of 304.02 feet; thence Northeasterly
258.65 feet along an arc to the left having a radius of 595.00 feet and subtended by a long chord
having a bearing of North 83 degrees 09 minutes 44 seconds East and a length of 256.62 feet;
thence North 70 degrees 42 minutes 31 seconds East 1357.27 feet thence Northeasterly 42.97 feet
along an arc to the left having a radius of 995.00 feet and subtended by a long chord having a
bearing of North 69 degrees 28 minutes 17 seconds East and a length of 42.97 feet; thence North
68 degrees 14 minutes 04 seconds East 465.66 feet; thence Northeasterly 382.36 feet along an arc
to the left having a radius of 395.00 feet and subtended by a long chord having a bearing of North
40 degrees 30 minutes 12 seconds East and a length of 367.60 feet; thence North 12 degrees 46
minutes 20 seconds East 47.37 feet; thence South 77 degrees 12 minutes 25 seconds East 50.00
feet to the point of beginning.
ALSO EXCEPT (Parcel 1C):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton
County, Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter which is the Northwest corner of
the Northwest Quarter of Section 25, Township 18 North, Range 3 East; thence North 88 degrees
33 minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest
Quarter of the Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed
book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence South 8
degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land;
thence South 55 degrees 54 minutes 38 seconds West 118.05 feet; thence North 77 degrees 12
minutes 25 seconds West 61.86 feet to the point of beginning of this description; thence south 12
degrees 46 minutes 20 seconds West 47.37 feet; thence Southwesterly 382.36 feet along an arc
to the right having a radius of 395.00 feet and subtended by a long chord having a bearing of
South 40 degrees 30 minutes 12 seconds West and a length of 367.60 feet; thence South 68
degrees 14 minutes 04 seconds West 465.66 feet; thence Southwesterly 42.97 feet along an arc to
the right having a radius of 995.00 feet and subtended by a long chord having a bearing of south
69 degrees 28 minutes 17 seconds West and a length of 42.97 feet; thence South 70 degrees 42
minutes 31 seconds West 1357.27 feet; thence southwesterly 258.65 feet along an arc to the right
having a radius of 595.00 feet and subtended by a long chord having a bearing of South 83
degrees 09 minutes 44 seconds West and a length of 256.62 feet; thence Southwesterly 307.31
feet along an arc to the left having a radius of 605.00 feet and subtended by a long chord having a
bearing of South 81 degrees 03 minutes 50 seconds West and a length of 304.02 feet to the West
line of said Northeast Quarter; thence North 0 degrees 10 minutes 24 seconds West 43.31 feet
along said west line; thence Northeasterly 310.49 feet along an arc to the right having a radius of
12 -22 -11
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Exhibit A Legal Description of Real Estate
Page 4 of 6
645.00 feet and subtended by a long chord having a bearing of North 81 degrees 49 minutes 31
seconds East and a length of 307.50 feet; thence Northeasterly 241.26 feet along an arc to the left
having a radius of 555.00 feet and subtended by a long chord having a bearing of North 83
degrees 09 minutes 44 seconds East and a length of 239.37; thence North 70 degrees 42 minutes
31 seconds East 1357.27 feet; thence Northeasterly 41.24 feet along an arc to the left having a
radius of 955.00 feet and subtended by a long chord having a bearing of North 69 degrees 28
minutes 18 seconds East and a length of 41.24 feet; thence North 68 degrees 14 minutes 04
seconds East 465.66 feet; thence Northeasterly 315.66 feet along an arc to the left having a radius
of 355.00 feet and subtended by a long chord having a bearing of North 42 degrees 45 minutes 39
seconds East and a length of 305.37 feet; thence North 12 degrees 47 minutes 35 seconds East
75.33 feet; thence South 77 degrees 12 minutes 25 seconds East 41.07 feet to the point of
beginning.
ALSO EXCEPT (Parcel 1D):
A part of the Northwest Quarter of Section 25 and a part of the Northeast Quarter of Section 26,
all in Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows:
Commencing at the Northwest corner of said Northwest Quarter thence North 88 degrees 33
minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest
Quarter to the Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed
Book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence south 8
degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land to the
point of beginning of this description; thence continuing South 8 degrees 24 minutes 41 seconds
East 298.23 feet along said East line to the Northwestern boundary of U.S. Highway 31; thence
South 69 degrees 11 minutes 51 seconds West 38.68 feet along said Northwestern boundary;
thence North 89 degrees 58 minutes 14 seconds West 105.95 feet along said Northwestern
boundary; thence South 68 degrees 14 minutes 04 seconds West 312.57 feet along said
Northwestern boundary; thence Northeasterly 430.76 feet along an arc to the left having a radius
of 445.00 feet and subtended by a long chord having a bearing of North 40 degrees 30 minutes 12
seconds East and a length of 414.14 feet; thence North 12 degrees 46 minutes 20 seconds East
47.35 feet; thence South 77 degrees 12 minutes 25 seconds East 11.86 feet; thence North 55
degrees 54 minutes 38 seconds East 118.05 feet to the point of beginning.
ALSO EXCEPT (Parcel 1E):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton
County, Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter; thence South 88 degrees 45
minutes 26 seconds West (bearing assumed) 57.70 feet along the North line of said Northeast
Quarter to the point of beginning of this description; thence South 12 degrees 46 minutes 20
seconds West 191.99 feet; thence North 77 degrees 12 minutes 25 seconds West 41.07 feet;
thence North 12 degrees 46 minutes 20 seconds East 181.72 feet to the North lien of said
Northeast Quarter; thence North 88 degrees 45 minutes 26 seconds East 42.33 feet along said
North line to the point of beginning.
12 -22 -11
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Exhibit A Legal Description of Real Estate
Page 5 of 6
ALSO EXCEPT (Parcel 1F):
A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton
County, Indiana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter; thence South 88 degrees 45
minutes 26 seconds West (bearing assumed) 6.17 feet along the North line of said Northeast
Quarter to the point of beginning of this description; thence South 12 degrees 46 minutes 20
seconds West 204.48 feet; thence North 77 degrees 12 minutes 25 seconds West 50.00 feet;
thence North 12 degrees 46 minutes 20 seconds East 191.99 feet to the North line of said
Northeast quarter; thence North 88 degrees 45 minutes 26 seconds East 51.53 feet along said
North line to the point of beginning.
ALSO EXCEPT (Parcel 1G):
A part of the Northwest Quarter of Section 25 and a part of the Northeast Quarter of Section 26,
all in Township 18 North, Range 3 East; Hamilton County, Indiana, described as follows:
Beginning at the Northwest corner of said Northwest Quarter; thence North 88 degrees 33
minutes 08 seconds East (bearing assumed) 37.71 feet along the North line of said Northwest
Quarter to the Northeast corner of a tract of land conveyed by a Warranty Deed recorded in Deed
Book 350 page 582 in the Office of the Recorder of Hamilton County, Indiana; thence South 8
degrees 24 minutes 41 seconds East 138.46 feet along the Eastern line of said tract of land;
thence South 55 degrees 54 minutes 38 seconds West 118.05 feet; thence North 77 degrees 12
minutes 25 seconds West 11.86 feet; thence North 12 degrees 46 minutes 20 seconds East 204.48
feet to the North line of said Northeast Quarter; thence North 88 degrees 45 minutes 26 seconds
East 6.17 feet along said North line to the point of beginning.
ALSO EXCEPT:
Part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, in Hamilton
County, Indiana, being more particularly described as follows:
Commencing at the Northeast corner of said Northeast quarter; thence South 89 degrees 01
minutes 25 seconds West along North line of said Northeast Quarter Section a distance of 100.03
feet; thence South 13 degrees 02 minutes 19 seconds West a distance of 46.38 feet to the point of
beginning; thence continuing South 13 degrees 02 minutes 19 seconds West a distance of 86.04
feet; thence North 51 degrees 21 minutes 54 seconds West a distance of 130.93 feet; thence
North 89 degrees 01 minutes 25 seconds East parallel to the North line of the Northeast Quarter
of Section 26, a distance of 121.70 feet to the point of beginning.
12 -22 -11
Ordinance Z-
Highpointe on Meridian PUD Ordinance
Exhibit A Legal Description of Real Estate
Page 6 of 6
ALSO EXCEPT:
Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second
Principal Meridian, Clay Township Hamilton County, Indiana, being more particularly described
as follows:
Commencing at the Northeast corner of the Northeast Quarter of Section 26, Township 18 North,
Range 3 East; thence on the North line of said Quarter Section, South 88 degrees 35 minutes 23
seconds West (assumed bearing) a distance of 1005.89 feet to the point of beginning of the herein
described real estate; thence south 01 degrees 24 minutes 37 seconds East 250.00 feet; thence
parallel with the North line of said Quarter Section, North 88 degrees 35 minutes 23 seconds East
85.00 feet; thence South 01 degrees 24 minutes 37 seconds East 180.00 feet; thence parallel with
the North line of said Quarter Section, South 88 degrees 35 minutes 23 seconds West 130.00 feet
to the southeast corner of Bentley Oaks, a subdivision in Hamilton County, Indiana, the plat of
which is recorded as Instrument Number 9115494, Plat Cabinet 1, Slide 170 in the Office of the
Recorder of said County; thence on the East line of said subdivision, North 01 degree 24 minutes
37 seconds West 430.00 feet to the Northeast corner of said subdivision, said corner being on the
North line of said Northeast quarter Section; thence on the north line thereof, North 88 degrees
35 minutes 23 seconds East 45.00 feet to the point of beginning.
ALSO EXCEPT:
Part of the Northeast Quarter of Section 26, Township 18 North, Range 03 East of the Second
Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly described
as follows:
Commencing at the Northwest corner of the Northeast Quarter of Section 26, Township 18
North, Range 03 East; thence on the North line thereof, North 88 degrees 35 minutes 23 seconds
East (basis of bearing from Plat of Bentley Oaks), a distance of 1611.43 feet to the Northeast
corner of Bentley Oaks, a subdivision in Hamilton County, Indiana, the Plat of which is recorded
as Instrument Number 9115494 in the office of the Recorder of said County, said corner being
the point of beginning of the herein described real estate; thence continuing on the North line of
said Quarter Section North 88 degrees 35 minutes 23 seconds East 947.98 feet to a point on the
Westerly right -of -way line of a proposed roundabout at the intersection of Oakridge Road, said
point being on a non tangent curve concave Easterly; having a central angle of 27 degrees 47
minutes 51 seconds and a radius of 96.00 feet; thence Southerly and Southeasterly on and along
said non tangent curve an arc distance of 46.90 feet (said arc being subtended by a long chord
bearing South 15 degrees 38 minutes 20 seconds East 46.42 feet) to a non tangent line; thence on
a line, which is parallel with and 45.00 feet by perpendicular measurement South of the North
line of said Quarter Section, South 88 degrees 35 minutes 23 seconds West 959.39 feet to a point
on the East line of aforesaid Bentley Oaks; thence on said East line, North 01 degrees 24 minutes
37 seconds West 45.00 feet to the point of beginning.
12 -22 -11