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Home My WebLink AboutPacket April 2005 NELSON & FRANKENBERGER A PROli'ESSIONAL CORPORATION ATTORNEYSwAT ..LAW JAMES J. NELSON CIIARLES D~ FRANKENBERGER JAMES E.. SHINAVER LAWRENCE J. KEMPER JOHN B. FLAtT FREDRIC LAWRENCE of COWlSel JANE B. MERR.D..L 3105 EAST 98TH Sl'~J!;ET SUI''r1 170 INDIANAPOLIS, INblANA 46280 317.844-0106 FAX: 317-846-8782 Apri122~2005 ~ .; 'J ~ VIA HAND DELIVERY Jon Dobosiewicz City of Cannel Department of Community Services Re: Arden Rezone Petition to a PUD to allow a Townhome Development Dear Jon: Enclosed please find the following in regard to the above~ 1.. An original and one (1) copy of the Petition to Change the Official Zoning Map/Rezone Application; 2.. An original and one (1) copy of the Petitioner's Consent in the Petition; 3.. An original and one (1) copy of the Owner Consents for Thomas Kendall Megenhardt, Marilyn Sue Montgomery~ and J oIm Dennis Megenhardt; 4.. Two (2) copies of the proposed Arden PUD Ordinance to pemrit a Townhome Development on the real estate; and 5. The proposed zoning schedule for this matter. After you have reviewed the enclosed petitions and documents, please advise me of the filing fee.. Also~ if the zoning schedule is inaccurate, please advise me of the same. Thank you for your assistance and contact me with any questions. Very truly yours, ~ f. . NELSON & FRANKENBERGER J JES/jlw Enclosures H:\Jan~t\Buckingham\Megenhardr.\Dobos.iewicz Itr 042105 .doc. 3/14 to 3/25 4/22 5/3 5/18 5/18 5/20 5/27 to 6/10 6/10 6/21 7/5 7/19 7/25 8/2 8/5 8/16 8/24 8/26 8/26 9/5 9/19 Buckingllam -r Arden Zoning Schedule Meet again with Staff Deadline to file rezonelADLS/DP T AC submittal due T AC meeting Noon notice to paper Deadline to mail and publish Conduct neighborhood meeting Brochures due Staff at noon 6:00 p.m. 1 st PC meeting 6:00 p..m. 1 St PC Conunittee meeting 6:00 p..m. 2nd PC meeting (if only require 1 Committee meeting) Revised Committee brochures due at noon 6;00 p~m. 2nd PC Committee meeting Revised PC brochures due at noon 6:00 p.m. 2nd PC meeting Council notice to paper due at noon Mail Council notice Council brochures due 6:00 p..m. 1 st Council meeting 6:00 p..m.. 2nd Council meeting H:\Jal1et\Buckin~hfim\lVfegenhaTd t\S chedu lc 042205.doc .;r ~ \.;::, PETITION TO CHANGE THE OFFICIAL ZONING MAP mCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING ORDINANCE - REZONE APPLICATION ~ $772.00 plus $103.00 per acre (pUD $2,500100, plus $103.00 per acre) Date: Docket No~: w Name of Owner: Thomas Kendall Megenhardt, Marilyn Sue Montgomery and J oIm DennIS · Owner~s Address: c/o David Leazenby] Vice President Land Development Buclcinghal11 Companies 333 North Pennsylvania Street, Tenth Floor Indianapolis~ IN" 42604 Phone No..: (317) 974 -1234 x 241 Fax No. ~ (317) 974-1238 · Attorney~ James E. Shinaver Nelson & Franlrenberger, P~C. 3 105 East 98th Street, Suite 170 Indianapolis, Il\f 46280 Phone No-: (317) 844-0106 X 16 Fax No.= (317) 846-8782 & Reoord of Ownership: hlstrument Number 91034~O - See attached deed Exhibit A & Legal Description (Use additional page(s) ifnecessary); See attached legal description Exhibit B · Conrmon Address of Property Involved (or General Description ifno Address Exists): 1940 136tb Street E&) Carmel, m 46032 . Proposed Zoning Change: From the Rl (Residential) District to the Arden PUD District, for the property shown outlined in red on the map attached hereto, which is made a part of this petiti.on~ .. Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages ifnecessary): See attached Exhibit C Revised 02121/05 z: \shared\forrns\PC application \rezone.app H~\JANE'I\BUCKlNGHArv1\rvIEG2'NHARD1\PET. CH.ANGE ZONING M~.DOC 16: [ EXHIBIT A -I 31797,a1238 I 9103410 ~ First Eta'tioltal }San);: or ~nr ~e. :ri~ HD:ticnaJ. Plaz.Q.~ ~~rt;, iXna.~ 'Ei9~7 t iUZ; ~1 ~~en"'tln c:t. 1:he: 28'tl1U t;1~ Kzl%:r v. JIcqml1amt, tJr v1..rtua cPt itA p:Mel:" rmd ut:l1fn'1~y g:'autea under: "tha ZnGlla~ ~ b.er~ ~ ~'tr:1bJ.'te8 Il!):I c:wnrers= .An mmii'Vid.ed one-tb1zd ~ to IfB(JXlS: ~ ~~ 361 :ID41aEIA Avenual ~.1.a:napcl1fl;, :tIdituJQ 4 621J.4 ; A1:l ~~ QOft~1rd 1nta.tu.st to JOB1f III1mI1S .n.I:ilJ~. 1S09 ~1c:=, S~t X'rdtUMlpcJJ..1s, :-.-. -: ..~ " aC'2 ~ .am Ubli'ridnc1 cne-i:hird i~~ to JG\!ULl:2f ~ ~, 2409 Bastye DJ'11, UJg~, tndi.a.na 15:694"7 ~s~in~ tbe eoll~ &s:.cr:l.bed. real _tate :in JJu11tan ccnnty, st.a~Q ~t Ii1d.iuar 1tQro. porti~lt tl~n.ea h rcl101t8, to-v11:: ~rt= of! the ~ Qt.art:er g% SOJCtion 19. 't~ 2.9 Nardi. ~ .( ~, a.~ Nt tollan, ~11:: ~ng at .. fObrt 10)~" 3. :r~ East of ~ SctDtbwcst , · ~ · - , · ~...co~ ot. the"~ ~"''Of Sec:f..lcm 15 ~ ~lp , . lB ~ ~ 4. ~I' ~ n1J ~ :ftlorq tH Sca.t2l 1:Jne ct =:14 qmr.rte: ~, ~ po~ ~ 1u the ~ ~r =aJ. ~; e~ ~ .1.,- said secttOD. ~iDe S65 ~"b W d poillt.i ~ JIorth 'Xl ~ alDDg a fftIICQ ;LinG 1356. Ei fiail1:; "to A ~ J;Qt1:.: ~ a1aDaJ a 'fence. line 201.. 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I ...^Lol . ~ j EXHIBIT (? .. . . ... -=-- ~ MODERNIZED LEGAL DESCRleIl9ti A part of the Southwest Quarter of Section 19, Township 18 North! Range 4 East, of the Second Principal Meridian, in Clay Township~ Hamilton County) Indiana, more particularly described as follows: Commencing at the southwest corner of said quarter section; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) a'ong the south line of said quarter section 1036.30 feet to a point in the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90 degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract of land described in DB 263t PG 240 in the Office of the Record~r of said Hamilton County; thence North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast corner of said tract of landj thence South 90 degrees 00 minutes 00 seconds West along the north line of said tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company ("1UT") right~of~way (said line being 33 feet by parallel lines from the center line of said right-of- way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00 feet to the southwest corner of the west abutment of the rUT bridge over Cool Creek; thence South 13 degrees 43 minutes 07 seconds West 511.50 feet to a point in the center of Cool Creek; thence meandering said center of Cool Creek the following seven courses: 1) South 22 degrees 00 minutes 00 seconds East 140.00 feet; 2) South 09 degrees 00 minutes 00 seconds East 100.00 feet; 3) South 26 degrees 00 minutes 00 seconds East 300.00 feet; 4) South 03 degrees 00 minutes 00 seconds East 60.00 feet; 5) South 30 degrees 00 minutes 00 seconds West 65.00 feet; 6) South 19 degrees 00 minutes 00 seconds West 100.00 feet; 7) South 07 degrees 00 minutes 14 seconds East 70.94 feet to the point of beginning! containing 12.721 acres, more or less. H ~U ;}ll~ i"\B uckiJ ~gJl ~J II \ M ~ .Gal \ N::Irt Pet itio ners t:cn ~ n t.d 0 e ."1 EXHIBIT C STATEMENT OF COMPLIANCE WITH CARl\1EL/CLA Y COMPREHENSNE PLAN . , . The real estate which is the subject of this reZOl1e request is zoned R,-l (Residential). The Comprehensive Plan for this area suggests low-intensity residential. However~ the real estate which is the subj ect of this rezone request is located west of l{eystone Avenue and west of and adjacent to the Cannel High School football stadilU11~ Further, located north of and adjacent to the real estate and west of and adj acent to the real estate are numerous parcels which are zoned B-3 (Business).. Also located north of and adjacent to the real estate is a large residential apartment complex known as the Cool Creek Apartments~ Further, located west of the real estate are additional parcels which are zoned B-1 (Business), B-r2 (Business), B-3 (Business) and I-I (Industrial). Further to the west of the real estate is Rangeline Road. Thus, despite the designation in the Comprehensive Plan, there is a high intensity residential apartment complex located to the north of this real estate. Further, located adjacent to the real estate and further west to the real estate are numerous parcels with a business zoning classification and one (1) parcel with an industrial zoning classification. Further, the real estate is situated in general proximity to the Rangeline Road corridor north of 136th Street, which contains many current business uses. In light of the foregoing, this request for a rezone to a Planned Unit Development district to al1ow~ a Townhome development is not inconsistent with the current zoning for the adjacent parcels and the current uses of the adjacent parcels. I ~ . .~L~ H:\JanetY8uckingham\Jv(cgenhatdt\Cornprehcnsive Plan Statement-doc 1 I' ~:~ , rH.1 - , "," ~ \ 'f I \\ '" i ' """ "" I' . ~'!-l .~\' I( ^I'~'!~ oiW.' . ii, ,/r.'v..... .~ . J ~ :;0' ;1 I I I ~ ....:t.. ~ ~ ~ ...-..--"......--. .._.,,_.._-'---_._..__....._.....~\. . _\.. ,. -, . \. \ .\. \ - \. ".; .:;::.... ~ ~:.--~ v... "J",J -1\ ",,~..... , ~~ Il /... , .' ..... .I en !\\ .;./',:.-::.. /' ':.. ~."...-"i~ ~ ...... .-- ~, .~. J"'" . ,./- .- ~ ..h,.~"..~rJ;.~ {- .- ': I':"~' ;,.:"':;' ::~:: ::--::-'~~'- . I ~ I /..\ / "I :'~I~"\ } :L~I f ~..r,~~''':'\I';'\''' 1 f"'.+"~~+: .....V~I-\..... ...~ '1 \~ 'f \ \ r ----.--.................,.?'"' i I ....._.~-I...... ^ ~ / ~ r . I \ \ ~ I ,. I\~~-:r' .~,*J,I,-" ...."^,\'-.. 'I-~'~ I If -t ::0 I ~ PETITIONER'S CONSENT AND JOllIDER IN PETITIONS The undersigned, Buckingham Properties~ Inc.. ("Buckingham"), being the Petitioner in regard to the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorizes and directs the law firm of Nelson & . Franl<enberger~ P ..e. ("NF"), E1v1H&T Inc., along with their employees, attomeys=, and appointed agents!! as follows: 1.. To file, for and on behalf of the undersigned~ any and all applications and petitions necessary to obtain all approvals deemed necessary by Buckingham with respect to the Real Estate including) without limitation~ (i) approvals of changes in zoning classification or rezones to a Planned Unit Development Ordinance necessary to permit tIle development of the Real Estate for a residential townhome development pursuant to the Zoning Ordinance for the City of Carmel (hereafter '!:Rezone Application"), the terms and conditions of which shall be detennined by Buckingham's sole discretion, and (ii) all secondary approvals including, without limitation, preliminary (primary) development plan approvals, ADLS approvals, detailed (secondary) developmellt plan approvals, improvement location pennits) and all other approvals and permits required by the Rezone Application) the City of Cannel and/or the Zoning Ordinance for the City of Carmel and deemed necessary by Buckingham to further develop the Real Estate per the tenus of the Rezone Application (collectively the "Approvals~)); and 2. To represent the undersigned in connection with the Approvals) before the City of Cannel Plan Commission, and its committees, and the Conunon Council for the City of Cannel, and its committees, and any other agency, aJ.ld any other municipal or State agencies, and to file, for and on behalf of tile undersigned, all applications and petitiOllS deemed necessary by Buckingham to obtain the Approvals. 3.. The undersigned, being duly sworn, deposes and says that the foregoing signatures, statements, and answers herein contained and the infoTInation herewith submitted are in all respects true and correct to the best of the undersigned's knowledge and belief.. Further to this Petitioner)s Consent and Joinder in Petitions~ the undersigned acknowledge that this Petitioner's Consent and Joinder in Petitions shall constitute the execution by the undersigned of all such Petitions filed by Buckingham, now or in the future, in furtherance of the Approvals~ BUCKINGHAlVI PROPERTIES~ INC.. Date: 1!tJ-(o>" By: 9~~ ~ David E. Leazen y, Vice President Parcel No.. 16-1 O...19-00-00~O 11.000 STATE OF lNDIANA ) ) SS: ) COUNTY OF MARlON Before me the undersigned, a Notary Public in and for said County and State, personally appeared Bradley B. Chambers, President of Buckingham Properties, hlC..~ who acknowledged execution of this Petitioner's Consent and Joinder in Petitions~ y Commission Expires: 1D\~ Witness my hand and Notarial Seal this .1illh day of . ~~~ ~?/AkJ No y Publi jtt1{] i-f(y EdlNlif d5 Printed Name , 2005. COl..U1ty of Residence; lJOX\ f(\ 1~;\1 one.l\Bu cki'n gh3..lh\MegDn HartPe liriOrtCr'$ CQn:'j~JJ t, d' oc EXHIBIT "A'~ MOD~RNIZE.D LEGAL DESCRIPTION A part of the Southwest Quarter of Section 19_ Township 18 North) Range 4 East; of the Second Principal Meridian, in Clay TownshipJ Hamilton County. Indiana, more particularly described as follows: Commencing at the southwest corner of said quarter section; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) along the south line of said quarter section 1036.30 feet to a point in the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90 degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract of land described in DB 263, PG 240 in the Office of the Recorder of said Hamilton County; thence North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast corner of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north line of saId tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company (((lUlU) right-of-way (said line being 33 feet by parallel lines from the center line of said right-of.. way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00 feet to the southwest corner of the west abutment of the rUT bridge over Cool Creek; thence South 13 degrees 43 minutes 07 seconds West 511.50 feet to a point in the center of Cool Creek; thence meandering said center of Cool Creek the following seven courses: 1) South 22 degrees 00 minutes 00 seconds East 140.00 feet; 2) South 09 degrees 00 minutes 00 seconds East 100.00 feet; 3) South 26 degrees 00 minutes 00 seconds East 300.00 feet; 4) South 03 degrees 00 minutes 00 seconds East 60~OO feet; 5) South 30 degrees 00 minutes 00 seconds West 65.00 feet; 6) South 19 degrees 00 minutes 00 seconds West 100..00 feet; 7) South 07 degrees 00 minutes 14 seconds East 70.94 feet to the point of beginning, containing 12~721 acres) more or less" H: \J ::m ~ L\a. vcki n ih -Rill \ M e.g.nn H ar1P i:s ti l IOJ11!! r'~ QJ QSe.11 t.QOl; OVINER'S CONSENT AND JOINDER IN PETITIONS The undersigned, being the owner of the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize and directs Buckingham Properties, Inc. ("Buckingham"), along with its employees, engineers, land plarnlers, attorneys, and appointed agents, as follows: 1. To file, for and on behalf of the undersigned, any and all applications and petitions necessary to obtain all approvals deemed necessary by Buckingham with respect to the Real Estate including, without limitation, (i) approvals of changes in zoning classification or rezones to a Planned Unit Development Ordinance necessary to pennit the development of the Real Estate for a residential townhome development per the terms of the Zoning Ordinance for the City of Cannel (hereafter "Rezone Application"), the tenus and conditions of which shall be determined by Buckingham' s discretion, and (ii) all secondary approvals including, without limitation, preliminary (primary) development plan approvals, ADLS approvals, detailed (secondary) development plan approvals, improvement location permits, and all other approvals and permits required by the Rezone Application, the City of Cannel and/or the Zoning Ordinance for the City of Cannel and deemed necessary by Buckingham to further develop the Real Estate per the tenns of the Rezone Application (collectively the "Approvals"); and 2. To represent the undersigned in connection with the Approvals, before the City of Carmel Plan Commission, and its committees, and the Common Council for the City of Carmel, and its committees, and any other agency, and any other municipal or State agencies, and to file, for and on behalf of the undersigned, all applications and petitions deemed necessary by Buckingham to obtain the Approvals.. 3. The undersigned, being duly sworn, depose and say that he is the owner of the Real Estate and that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of the undersigned's knowledge and belief Further to this Owner's Consent and Joinder in Petitions~ the undersigned acknowledge that this Owner's Consent and Joinder in Petitions shall constitute the execution by the undersigned of all such Petitions filed by Buckingham, now or in the future, in furtherance of the Approvals. Date: '8 Mfl.(j0~ Parcel No.. 16-10-19..QO-OO-OI1TOOO STATE OF \am Onl\~ COUNTY OF ~ nt::Cl e.. ) ) SS~ ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared John Dennis Megenhardt, who acknowledged execution of this Owner's Consent and Joinder in PetitionSA Witness my hand and Notarial Seal this lB-\+) day of ~f' ~ \ , 2005. My Commission Expires: b-l~-Dl ~ty of Residence: .' C:x:n e. ~ he rrl\ R Le fftlr Printed Name Sh@ni R. Letfi!er Notary p~, state of tn:>>ana Boone coonty My Oommisatofl Exp. Juna 14, 200-1 H:\Janet\BL1ek.inghlm\Me.gRnllatd(\Owne~s Consent #l-J.D. Mes~nhardt,doc 2 EXIllBIT "A" MODERNIZED LEGAL DESCRIPTION A part of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, of the Second Principal Meridian, in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the southwest corner of said quarter section; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) along the south line of said quarter section 1036.30 feet to a point in the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90 degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract of land described in DB 263, PG 240 in the Office of the Recorder of said Hamilton County; thence North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast corner of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north line of said tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company ("JUT") right~of.way (said line being 33 feet by parallel lines from the center line of said right.of. way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00 feet to the southwest corner of the west abutment of the IUT bridge over Cool Creek; thence South 13 degrees 43 minutes 07 seconds West 511.50 feet to a point in the center of Cool Creek; thence meandering said center of Cool Creek the following seven courses: 1) South 22 degrees 00 minutes 00 seconds East 140.00 feet; 2) South 09 degrees 00 minutes 00 seconds East 100.00 feet; 3) South 26 degrees 00 minutes 00 seconds East 300.00 feet; 4) South 03 degrees 00 minutes 00 seconds East 60.00 feetj 5) South 30 degrees 00 minutes 00 seconds West 65.00 feet; 6) South 19 degrees 00 minutes 00 seconds West 100.00 feetj 7) South 07 degrees 00 minutes 14 seconds East 70.94 feet to the point of beginning! containing 12.721 acres! more or JesSI H:\1 anct\9uckinghm \M egan.hl1l"d L \OWllE! r' s Cons t ~ t ~ 1..J. D. M e:gl:l1 11 nrd r. d eu::; 3 OWNER'S CONSENT AND JOINDER IN PETITIONS The undersigned;, being the ovvner of the real estate described in what is attached hereto and incorporated herein by reference as Exhibit '~A" (the "Real Estate") hereby authorize and directs Buckingham Properties, Inc. ("Buckingham"), along with its employees, engineers, land planners, attomeysJ and appointed agents, as follows: 1.. To file~ for and on behalf of the Ulldersigned, any and all applications and petitions necessary to obtain all approvals deemed necessary by Buckingham with respect to the Real Estate including, without limitation, (i) approvals of changes in zoning classification or rezones to a Plarmed Unit Development Ordinance necessary to permit the development of the Real Estate for a residential townhome development per the terms of the Zoning Ordinance for the City of Carmel (hereafter "Rezone Application~')~ the terms and conditions of which shall be determined by Buckingham's discretionJ and (ii) all secondary approvals including, without Iimitation~ preliminary (primary) development plall approvals=, ADLS approvals~ detailed (secondary) development plan approvals, improvement location pennits~ and all other approvals and permits required by the Rezone Application~ the City of Carmel and/or the Zoning Ordinance for the City of Carmel and deemed necessary by Buckingham to further develop the Real Estate per the terms of the Rezone Application (collectively the "Approvals"); and 2. To represent the tUldersigned in connection with the Approvals, before the City of Carmel Plan COIIllnission~ and its committees~ and the Common Council for the City of Cannel, and its committees, and any other agency, and any other municipal or State agencies~ and to file, for and on behalf of the nndersigned, all applications and petitions deemed necessary by Buckingllatn to obtain the Approvals.. 3.. The undersigned) being duly sworn, depose and say that he is the owner of the Real Estate and that the foregoing signatutes, statements~ and answers herein contained and the information herewith submitted are in all respects true and correct to the best of the undersigned's knowledge and belief.. Further to this Owner's Consent and Joinder in Petitions, the Ulldersigned acknowledge that this Owner's Consent and Joinder in Petitions shall constitute the execution by the undersiglled of all such Petitions filed by Buckingham, now or in the future, in furtherance of the Approvals. Date: ((20/0$ '~ ~s Kendall Mege lardt Parcel No. 16-10~19-00-00-011~OOO ~~ STATE OF ~",t i'~~","., COUNTY OF ~". ( I (.... ").- ) ) ss: ) Before me the Wldersigned, a Notary Public in and for said County and State~ personally appeared Thomas Kendall Megenllardt~ who aclmowledged execution of this Owner's Consent and Joinder in Petitions. My Commission Expires: 7,r -7/2 -ffJ Witness my hand and N at axial Seal this 1.D+-- day of _Pror I \ -r? /I (' Cn-1~~~ nIl. ~~~ Notary Pu15Fc \, SUl~~ne fL..-t. ((~I ~7e1 Printed Name ~ 2005. Count' of Residence: 1~1c\ K.tOi\) H:\1 anet,\a U\:iki n.f:th ~m \Meg3.nh flrd' L\Own c-r's CQfJS t:nt # 1- T.K. Mif!I~ ~nh.\1 rdt. do c 2 EXHmIT "A" MODERNIZED LEGAL DESCRIPTION A part of the Southwest Quarter of Section 19, Township 18 North! Range 4 East! of the Second Principal Meridian, in Clay Township, Hamilton County, Indiana. more particularly described as follows: Commencing at the southwest corner of said quarter section; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) along the south line of said quarter section 1036..30 feet to a point in the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90 degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract of land described in 08 263, PG 240 in the Office of the Recorder of said Hamilton County; thence North 00 degrees 01 minutes 47 seconds East along said east line 1356..60 feet to the northeast corner of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north line of said tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company CfIUT") right-of-way (said line being 33 feet by parallel lines from the center line of said right-of- way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201100 feet to the southwest corner of the west abutment of the JUT bridge over Cool Creek; thence South 13 degrees 43 minutes 07 seconds West 511150 feet to a point in the center of Cool Creek; thence meandering said center of Cool Creek the following seven courses: 1) South 22 degrees 00 minutes 00 seconds East 140.00 feet; 2) South 09 degrees 00 minutes 00 seconds East 100~OO feet; 3) South 26 degrees 00 minutes 00 seconds East 300.00 feet; 4) South 03 degrees 00 minutes 00 seconds East 60rOO feet; 5) South 30 degrees 00 minutes 00 seconds West 65100 feet; 6) South 19 degrees 00 minutes 00 seconds West 100.00 feet; 7) South 07 degrees 00 minutes 14 seconds East 70.94 feet to the point of beginning! containing 12.721 acrest more or less. H; \J P-UI: ~ \1\ \I ckingharn\M:egan.h M'dt\Owtu!i['~ C ~n5:~n t If I. T .K, Me.yen h t1oot. do ~ 3 OV{N"ER'S CONSENT AND JOWDER IN PETITIONS The undersigned, being the owner of the real estate described ill what is attached hereto and incorporated herein by reference as Exlribit "A" (the "Real Estate") hereby authorize and directs Buckingham Properties, Inc. ("Buckingham"), along with its employees, engineers, land planners, attorneys, and appointed agents~ as follows: 1. To file~ for and on behalf of the undersigned, any and all applications and petitions necessary to obtain all approvals deemed necessary by Buckingham with respect to the Real Estate including, without limitation, (i) approvals of changes in zoning classification or rezones to a Planned Unit Development Ordinance necessary to permit the development of the Real Estate for a residential townhome development per the terms of the Zoning Ordinance for the City of Carmel (hereafter "Rezone Application"), the tenns and conditions of which shall be deteullined by Buckingham's discretion, and (ii) all secondary approvals including, without limitation~ preliminary (primary) development plan approvals, ADLS approvals, detailed (secondary) development plan approvals~ improvement location permits, and all other approvals and permits required by the Rezone Application, the City of Carmel and/or the Zoning Ordinance for the City of Carmel and deemed necessary by Buckingham to further develop the Real Estate per the terms of the Rezone Application (collectively the "Approvals"); and 2. To represent the undersigned in connection with the Approvals, before the City of Carmel Plan Commission~ and its committees, and the Common Council for the City of Cannel, and its committees, and any other agency~ and any other municipal or State agencies, and to file, for and on behalf of the undersigned. all applications and petitions deemed necessary by Buck:ingham to obtain the App!ovals~ 3. The undersigned, being duly sworn, depose and say that she is the owner of the Real Estate and that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of the lUldersigned's knowledge and belief. Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledge that this Owner's Consent and Joinder in Petitions shall constitute the execution by the undersigned of all such Petitions filed by Buckingham, now or in the future, in furtherance of the . Approvals. Date:~i~ 1~2005' ~ t>711 a<<-- rl l{ Marilyn Sue Montgomery 8111L(j Parcel No. 16~ 1 0-19-+00-00~O 11 wOOQ STATE OF :rnd)o no.. COUNTY OF C- Q $.5, ) ) ss: ) Before me the undersigne~ a Notary Public in and for said Connty and State, personally appeared Marilyn Sue Montgomery, who acknowledged execution of this Owner~ s Consent and Joinder in Petitions. Witness my hand and Notarial Seal this /g1!::dayof t4A~} ~ 0#u1JJ Not ry Public v .J(, A. I b t .' c,. k .f- Printed N arne I , 2005. My Commission E~E.ires: ;(-- /7-0 if H:; \T RncDB uckjashi!IrJ\Mc,ganbatd l\O~cr's Con~t:I1[ DJ-'M,.5. Men tgllmety. doc; 2 EXHIBIT "A" MODERNIZED LEGAL DESCRIPTION A part of the Southwest Quarter of Section 19, Township 18. NorthJ Range 4 East, of the Second Principal Meridian, in Clay TownshipJ Hamilton County, Indiana, more particularly described as follows: Commencing at the southwest corner of said quarter section; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) along the south line of said quarter section 10361130 feet to a point in the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90 degrees 00 minutes 00 seconds East along said south line 365&00 feet to the east line of a tract of land described .in DB 263, PG 240 in the Office of the Recorder of said Hamilton County; thence North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast corner of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north line of said tract of land 206..05 feet to the southeastern line of the Indiana Union Traction Company (1fIUT") right~of..way (said line being 33 feet by parallel lines from the center line of said right.ot. way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00 feet to the southwest corner of the west abutment of the JUT bridge over Cool Creek; thence South 13 degrees 43 minutes 07 seconds West 511.50 feet to a point in the center of Cool Creek; thence meandering said center of Cool Creek the following seven courses: 1) South 22 degrees 00 minutes 00 seconds East 140.00 feet; 2) South 09 degrees 00 minutes 00 seconds East 1001100 feet; 3) South 26 degrees 00 minutes 00 seconds East 300.00 feet; 4) South 03 degrees 00 minutes 00 seconds East 60.00 feet; 5) South 30 degrees 00 minutes 00 seconds West 65..00 feet; 6) South 19 degrees 00 minutes 00 seconds West 100.00 feet; 7) South 07 degrees 00 minutes 14 seconds East 70.94 feet to the point of beginning, containing 1211721 acres) more or less. H:\J 3.L \\:J1\B iii:; kifl!!i h.Qm We gall.h atd~\O\Vn erg C om:em #] -M.S. M on. tgome.ly.do c; 3 Sponsor: ORDINANCE NO. Z- Arden PLANNED UNIT DEVELOPMENT DISTRICT Sponsor: ORDINANCE NO. Z- AN ORDINANCE OF THE COMJVION COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE Arden 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 ofI..C.. ~ 36-7-4-1500 et seq..; WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a recommendation to the ordinance set forth herein ("Arden") which establishes the Arden Planned Unit Development District (the "District"}, which shall also be referred to as the "Arden Ordinance~" NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council"), that (i) pursuant to Ie ~36-7-4...1500 et seq., it adopts this Arden 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 Arden Ordinance, and (iii) this Arden Ordinance shall be in full force and effect from "and after its passage and signing by the Mayor. Section 1 ApDlicabilitv 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 Arden. Section 1..2 Development in the District shall be governed entirely by (i) the provisions of this Arden Ordinance and its exhibits, and (ii) those provisions of the CarmeVClay Zoning Ordinance specifically referenced in this Arden Ordinance. In the event of a couflict between this Arden Ordinance and the Carmel'Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Arden 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 Arden Ordinance.. Section 2 Permitted Use~ Permitted uses are townhomes, condominiums and/or multi-family dwelling units.. 2 Section 3 Accessorv Buildin~s and Uses All Accessory Structures and Accessory Uses shall be pennitted except that any detached accessory building shown in any development plan shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Section 4 ComllIunication Eauipment.. Cell towers shall not be permitted.. Home satellite dishes shall be permitted. ~eetion 5 Plattin!! The platting of the Real Estate into smaller tracts shall be permitted, so long as the proposed plat complies with the area requirements set forth below in Section 6, 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 Section 6 for the entirety of the Real Estate. However, the development of any parcel shall conform to the requirements of Section 13 below, and all other applicable requirements contained in this Arden Ordinance. Section 6 Heieht and Area Rea uirements Section 6..1 Maximum Building Height: The maximum Building Height is forty (40) feet. Section 6~2 Minimum Building Set Back: The minimum Set Back from any perimeter boundary line of the Real Estate shall be ten (10) feet.. Section 6.3 Minimum Building Separation. The minimum building distance between Buildings~ measured from the exterior face of the foundation, shall be ten (10) feet.. Section 6.4 Square Footage ofTownhome Units. The minimum square footage for an individual Townhome unit shall be one thousand four hundred (1,400) square feet, exclusive of any garages,. 3 Section 7.. Conceptual BulldinR Tvues Section 7 ~ I Architectural Design Requirements: A.. Building rendering and elevations: Attached hereto and incorporated herein by reference as Exhibit "B" are conceptual building images of the Buildings to be constructed upon the Real Estate. All Buildings constructed upon the Real Estate shall include Masonry and Hardi- plank/Hardi-board as the primary building materials, excluding but not limited to doors, soffits, trim, windows, gables and roofs.. Section 8 LandSC80ine Attached hereto and incorporated herein by reference as Exhibit "c" is the conceptual landscape plan (hereafter "Conceptual Landscape Plan'').. Section 8.1 Planting Standards. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as hardscape materials!l 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 the Conceptual Landscape Plan. 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. Section 8~2 Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping approved in accordance with this Arden 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. Section 8.3 Building Base Landscaping.. The building base landscaping around the buildings shall include a minimum of twelve (12) 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. Section 8&4 Perimeter PIanting/Buffer Yard~ The perimeter planting and buffer yard planting shall be in accordance with Section 26.04 Perimeter Buffering Requirements of the Zoning Ordinance_ 4 Section 8..5 Interior Planting5.. Adjacent to the entry drive, for each one hundred (100) linear foot increment, there shall be a minimum of three (3) shade trees, two (2) ornamental trees and ten (10) shrubs.. Section 8.6 Tree Conservation. Existing trees as identified on the Conceptual Landscape Plan as "Tree Conservation Area" shall not be removed from the Real Estate except as follows: 1.. As is necessary to clear underbrush and dead trees; 2.. As is necessary for the installation of access easements, rights-of-way, streets, paths, sidewalks, and utilities and drainage improvements and infrastructure; and 3.. As necessary for public health and safety. ~~ction 9 Livhtin2 Reauiremen~ A. Front of Townhome lighting: Each Townhome shall have a minimum of one (1) light on the frout 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. B.. Rear of Townhome lighting: 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. c~ Street Lighting: Street lighting shall be provided as shown on the Conceptual Site Plan, "Exhibit D." D.. Light Fixture Renderings: Attached as Exhibit "D" and Exhibit "E'\ respectively, and referred to herein as the Conceptual Building Lighting and Conceptual Site Lighting are renderings which depict the acceptable types of lights for each use. ~ection 10 Si2ns and Entrv.--Wav Wall Section 10.1. Ground Signs and Entry Wall. A. ~: At the entrance to the development, adjacent to Smokey Row Road, Two (2) GroundlEntryway Signs shall be permitted, as is conceptually depicted on Exhibit "F", which is attached hereto and incorporated herein by reference. 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. 5 Ca Illumination of Sign: External. Da Sign Permit: Requireda E. Fees: Required.. Section 11 Parkin!! Section 11.1 Minimum Parking: 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 to be provided on the site, as depicted on the Conceptual Plan and incorporated herein by reference as Exhibit "G". Section 12 Homeowners Association and Declaration of Covenants Section 12.1 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 detennined 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 Homeo'WIlers Association in which membership shall be mandatory.. Section 13. Apnroval Process ~ection 13.1. Approval or Denial oithe Primary PlatLDevelopment Plan. A. Exhibit "G", 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 Arden Ordinancea .A.rden shall require further (i) ADLS approval and (ii) Development Plan/primary plat approval. The Final Development Plan approval procedures are set forth below in this Section 13.. 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.. B.. The Director shall have the sole and exclusive authority to approve without conditions, approve with conditions, or disapprove the Final Development Plans/Secondary Plats (collectively, the "FDP") for the Arden Ordinance; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of the FDP that is in substantial conformance with the CP and is in conformance with the Development Requirements and Development Standards of this Arden Ordinancea If the Director disapproves allY FDP, the Director shall set 6 forth in writing the basis for the disapproval and schedule the request for approval of the FDP for a hearing before the full Plan Commission.. c. An amendment to the FDP, which is not determined by the Director to be a Substantial Alternation or Material Alteration from the approved CP, may be reviewed and approved solely by the Director~ However, in the event tbe Director determines that there has been a Substantial Alteration or Material Alteration between the approved CP and any proposed FDP, the Director may~ at the Director's discretion, refer the amended FDP to the Commission, or a Committee thereof, for review and approval by the Commission and/or a Committee thereof. D. The FDP shall be a specific plan for the development of all or a portion of the Real Estate that is submitted for approval to the Director, which shall include reasonable detail regarding the facility and structures to be constructed, as well as drainage, erosion control, utilities, and building information& Section 14 Definitions and Rules of Construction Section 14&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 pennissive requirement The word "should" is a preferred requireIl1ent.. Section 14.2 Definitions A.. Accessory Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. B.. 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. c. 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 tnaDsurd roof and the mean height between eaves and ridges for gable, hip and gambrel roofs.. D. Ci'ty: The City of Cannel, Indiana. 7 E. Commission: The Cannel/Clay Plan Commission. F ~ COlUlcil: The City Council of the City of Carmel, Indiana. G.. Coun-tY: Hamilton County, Indiana. H.. 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.. I.. Plan, Conc~tual& A general plan for the development of the Real Estate that is submitted for approval showing proposed facilities!! buildings~ and structures. TIlls plan generally shows landscape areas!! parking areas, site access, drainage features, and building locations and is depicted on Exhibit "G", which is attached hereto and incorporated herein by reference. J. Development Plan" Final.. 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 generallandscaping~ parking, drainage, erosion control, signage, lighting, screening and building information for the site. K. Development Requirements.. Development standards and any requirements specified in this Arden Ordinance which must be satisfied in connection with the approval of a Final Development Plan.. L. Developer. Buckingham Properties, Inc. and its successors and assigns.. M.. Director: Director, or Administrator!! of the Department of Community Services for the City of Cannel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives.. N. Homeowners Association: A nonprofit corporation established for the promotion of the health, safety aod welfare of the residents of Arden~ and to manage, maintain, and repair the common areas within the Real Estate and any improvements located thereon.. o. Masoll!Y~ 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.. 8 R. 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 bOWldaries. s. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "A".. T.. Right-of-Way: An area of land pennanently dedicated to provide light, air and access. Ua Set Back: The least measured distance between a building or structure, excluding, however, porches~ patios, and the perimeter boundary of the Real Estate a 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.. v. ~: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Cannel-Clay Township, Ordinance Z-196, as amendeda w~ Substantial Alteration: Any change to an approved plan of any type that involves the revision often percent (10%) or more of the plan's total area or approved materials.. X.. Townhome: An attached dwelling intended for occupancy by a single family.. Y. Townhome Building: A structure containing attached dwellings.. z. Trim: Soffits, architraves, wood reveals, and casement around doors and windows.. Seetion 15. Violations All violations of this Arden Ordinance shall be subject to Section 34.0 of the Cannel/Clay Zoning Ordinance.. 9 PASSED by the Common Council of the City of Carmel~ Indiana this _ day of , 2005, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Ronald E. Carter, President Pro Tempore Brian D.. Mayo Fredrick J. Glaser Mark Rattennann Joseph C. Griffiths Richard L.. Sharp ATTEST: Diana L. Cordray, IAMe, Clerk Treasurer 10 Presented by me to the Mayor of the City of Cannel, Indiana the _ day of =' 2005, at o'clock ..M.. Diana L.. Cordray, IAMe, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this , 2005~ at o'clock ..M. day of James Brainard, Mayor ATTEST: Diana LA Cordray, lAMe, Clerk Treasurer This Instrument prepared by: David E.. Leazenby Buckingham Properties, Inc.. 333 N.. Pennsylvania St.., lOth Floor Indianapolis, IN" 46204 This Instrument reviewed by: James E. Shinaver NELSON & FRANKENBERGER 3021 East 9Srb Street, Suite 220 Indianapolis, IN 46280 11 EXlllBIT A RECORD LEGAL DESCRIPTION Quoted from Jnstr. No. 9103410 also contained in DB 263J PG 240 Part of the Southwest Quarter of Section 19, Township 18 North~ Range 4 East, described as follows, to-wit: Beginning at a point 1036.3 feet East of the southwest corner of the Southwest Quarter of Section 19, Township 18 North) Range 4 East) measured on and along the south line of said quarter section, said point being in the center of Cool Creek; thence East along said section line 365 feet to a point; thence North on and along a fence line 1356.6 feet to a corner post; thence along a fence line 201.6 feet West to the intersection of the Southerly line of the Old I U T Traction Co!s right of way; thence southwesterly on and along said right of way line 201 feet to a point, said point being the southwest corner of the west abutment of old I U T bridge over Cool Creek; thence south 11 degrees and 8 minutes West on and along a fence line 511.5 feet to a point, said point being 484 feet West of the east line of said property; thence Southeastwardly along the center of said creek, 831 feet to the place of beginning, containing 14 acres) more or less. MODERNIZED LEGAL DESCRIPTION A part of the Southwest Quarter of Section 19, Township 18 North. Range 4 East) of the Second Principal Meridian, in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the southwest corner of said quarter section; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) along the south line of said quarter section 1036.30 feet to a point in the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90 degrees 00 minutes 00 seconds East along said south line 365,,00 feet to the east line of a tract of land described in DB 263, PG 240 in the Office of the Recorder of said Hamilton County: thence North 00 degrees 01 minutes 47 seconds East along said east line 1356160 feet to the northeast corner of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north line of said tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company e'IUT") right.of-way (said line being 33 feet by parallel lines from the center line of said right"'Of.. way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00 feet to the southwest comer of the west abutment of the IUT bridge over Cool Creek: thence South 13 degrees 43 minutes 07 seconds West 511.50 feet to a point in the center of Cool Creek; thence meandering said center of Cool Creek the following seven courses: 1) South 22 degrees 00 minutes 00 seconds East 140.00 feet; 2) South 09 degrees 00 minutes 00 seconds East 100.00 feet; 3) South 26 degrees 00 minutes 00 seconds East 300.00 feet; 4) South 03 degrees 00 minutes 00 seconds East 601100 feet; 5) South 30 degrees 00 minutes 00 seconds West 65..00 feet; 6) South 19 degrees 00 minutes 00 seconds West 100.00 feet; 7) South 07 degrees 00 minutes 14 seconds East 70.94 feet to the point of beginning, containing 12.721 acres, more or less. EXHIBIT B These photos are conceptual representations of the buildings that shall be permitted at Arden subject to the requirements of this Arden PUD Ordinance.. \ \ ~ : ":' \Y .~\~':\~\;;":~{) \ Ii No/y. II \ l ----E '----- - ~ \..........,... _..... fln.-~Y~ I .Q~ HOO J.3)[ons 3.00 nn _n~N .r- I ~ ~ r--;:; ,.. ~ ~(r::~.:' ~\';j .=:I! II : \.::"t~.J I c: rJ <: D rF~\\ ~ g ll~~~, fi~ !'Il ........ - -...: Ir'-, l- ~!r-~- l~ ~ 4~'--'1f : ~ 2 ~~ = a -!:: """"'~ ~lI:t Z f- l - ~ _ ~=, lW2J ~ ~2 ~~ - -t--~ 5~ - ~ ~~, - _ ~ J(\\ ~ ~ 1- lit ~ ~ ~VJ rI ~ i I - ~} ~ I ~ ~ ~ - Hih: ~ l~ ~ I. & - fir I~I r:. ~ 12 ~D - ~il - !-.....r _ r- ~ : ~ -- ~ ~~ ~ ...--'"":; ~ · ~ (......-- .... ,. I". ~ -,...::J ....,~t _ ~ .... _ ~ _ ~ ~ i! I 1m ~J _ l ~ ~ ~ WiI t :I t t!1 - ~ ~ ~ 131 : ~ ~ I":"' '":'" ~ l!~ - - r-- r-- (~ :- ~ [\0) 1= ~: ~ , -- ~ ,.... - ~ ---, . &, ~ I _~l - 12 ~~ - ~- · n ~ ~~ - t~ ..-:-~. - ~.... ~ -~......- - . ~~. 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'=-"r"'.." _J...-'..:.....J....I _IJIJ"(...\..._I.JI.J1J\~'/^...'\ r_.":Il...:nn. \_ .).,'..'J.I'.lIl1 \ ,. ,I ,\., Front EXIDBIT D These photos are conceptual representations of the building lighting that shall be pennitted at Arden subject to the requirements of this Arden pun Ordinance.. Rear EXlUBIT E This photo is a conceptual representation of the site lighting that shall be permitted at Arden subject to the requirements of this Arden pun Ordinance.. EXIllBIT F This photo is a conceptual representation of the entryway signage that shall be pennitted at Arden subject to the requirements of this Arden PUD Ordinance.. \'b E! Rt:: ~ ~?I . {?~ :ct- ~ /1 \ ~ ~ ~ ~ ~ "'-' - _aO-iQQ~ ~a~ ~ ).,J)lO"S- 1.00 O(\-:n~ ~ ., ~ t'~:;F(r~:' ~\\J ~i ~ (I : ~ 'l \"~..J ~ ....-~ [[~~J, ~~ "- _........-:: I""'-' r--- ~ rd ~ - ....... n - ~ i- _U~Lb - 1Wl1- r-- I.l :== ~ {O) J; -- b W5I W5J :J~LJ ,.... I~I b - - ~ ~ It - - I - - l- t" - ~ \.. l...) 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