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Home My WebLink AboutCorrespondence I"2.oq.Ootlp •;4- :;;ttait. iSita-41 ,111,, •4A IIIRINTMITM,„MPUL; 141 Atik,I.WISAIIVerkt • C: RMEL • . AMES :DRAINAED;. MOOR . MaY.,21 ,2. 0]-2: •J Mr.Jim Shield. P.E. Weihe-Engineers 0505'North College.Avenue Indianapolis,IN 46280 The,!Lake&at:Trowne Road,Section-3 PIALPrOjecti kevfew•io DeAtmr. Fleming:. • The'City received youtprimarrplat on:April:23,2012, We offer the following comments: GENERAL INFORMATION. I. These cotninentstepreseriethe.Department of Engineering's,firs -review Of ihe'primaryplat plans for this.prOjeet. 2. We requeSttavall responses to-our comments be provided in writingand be accompanied:by a drawingteflectingthetequeStedtevi&ions. Failure to provide written responses may result in the delayofthe'teviewprocess. 3. It is critiCattiatIh i§officel)e.made,aWare,of all modification&made:on the plans:being.te- submitted;particularlyilanrsuch changes are'considered"new"or fall outside of our previous reviews. Please,provideleVised plans iiicludingàIl revisions. PleaSetibtifyu&oof any thangeSand„speeifically state any Changes',including changes testiltingfrom Plan CoituniSsion,BZkor othertommitteemeerings: 4. We haveengaged'Crossroad Engineers,,PCtoteview all drainageTlans ancfdrainage calculations subinitied,to.thiS office for review'. Ifyntihave:notialready.dotie so, please provide::00.0fdrainageplatiS and:calcularions to:theirOfficelorteview. We will,share Crossroad's;coMments:as,therare received. 5. Finaldrawings,will:nar beapproved for tonstruttioindritil:- • a. All Engineering.:Depaliment and:Utilitylieparrinent and.Hainilton:CountrSurveyor issues have beenresolved. 'b. All,bonds and performance guarantees are,posted. c. All Board of Ptiblie Works and Safetranprovals.and any other governing agency approvals(iftequired)arekibtainecl. A. All offIsite easements necessary-to install urilitieslo serve the develOpment are secured. e. SWPPP is approved. f All fees 6, The Department reserves the right to provide.addirional comments baseilapon subsequent -reviews. An approved Stoim Water Management Permit is required,priortcommencing any earrh, disturbing actiVity. Please contact Mr.'John thoirtasT.egarding1StOrreiWater',quality • reqUireMents.:, £3„ An approved tight-of..way permit s required prior:ta:,commendinglanr work in the public right-of;-.Wayancfforxonstruction:equipment accessfrom the right-Of-Way, 9.. If it will be,tnecesSary:totelOcateexiSting utilities the he borne . . solely by the,.develOper.. Any titilitypole&requirnigtelocation!Shall be relocated to within one foot of the outside'edge of the proposed riglitr-of,N4y: Thel=500#04jent,tequirqsthatt'be construction drawings be develbged:ihraccor.dance with the .„ City'Of'CatMel digital submission standards and that al I;reqUired)&tilinntrals.for primary Plat, secOndary'plat,ancIconstruttiOn'clraWings,be,tifade. The digitaIfile&iiiii-St:be;sUbinitted to DEPARTMENT OF ENGINEERINC, ONE CIVIC SQUARE; CARma, IN 46032- :OFFIcE 311. 7.1:2441 FA:.-K:31 7,.571.2,439 EiviAll,:,engineerinOkarmel.in.gov Mr.Jim Shields,P.E. May 23,2012. RE: The Lakes at Towne Road, Section 3 PUD-Project Review#1 Page 2 of 5 the.Department of Engineering prior to the approval of the construction plans. Please contact the City GIS Department for the requirements. 11. Thoroughfare Plan Compliance: Section 2.09 of Chapter 2,.Article"t of Chapter.10 of the Carmel.City Code requires that all projects and improvements or authorizations under the jurisdiction of the-,Zoning ordinance that adjoin,include,are served by or affect existing streets bearing a designation on the Thoroughfare Plan shall conform to the requirements of the Thoroughfare Plan in,regards to (1)the dedication of public-Rights-of-way;(2)design and construction of,the improvements indicated by the Thoroughfare.Plan.across the roadway frontage of the project;(3)Setback; and(4)any other affected development standards.Section 2:09 further states that the petitioner may elect to provide amonetary commitment equal to the-value to otherwise design and construct the improvements indicated by the.Thoroughfare Plan across the ,roadway frontage.The value of the commitment shall'be equal to the difference in the value to otherwise design and construct:the iinprovements.indicated by the Thoroughfare Plan across the roadway frontage;minus,the cost to.design,and,construct those improvements indicated by the Thoroughfare Plan across the roadway frontage that will be installed by the petitioner. The values established:above shall be'°approved by the department of:Engineering. Section 2:09 further states that conformance.with the Thoroughfare Plan:as outlined above shall be in addition to any improvements deemed necessary by (I)Chapter 5',Sections 5.03.05 and 5.05:.02(3);(2)Statements per Chapter 24,Section 24.02(B)(5)(e);and(3)Other applicable standards. 12. Jurisdictions: a. The project site is,located within current City of Carmel Corporate Limits. b. Perimeter Street and Right-of-'Way—City of Carmel(Towne Road). .c. Water—City of;Carmel,Utilities d. Sanitary Sewers—City of Cannel.Utilities. e. Storm Sewers/Drainage.—City of Carmel. f. Legal.Drains—Hamilton County Surveyor's Office. 13. Drawings submitted for approval' a. The design engineermust certify all drawings submitted for final approval. b. This office will require`9 sets of dtawings:for approval after all issues have been resolved. The drawingswill be stamped-as:approved and signed_by the City Engineer and by Cannel Utilities. The Owner will:receive 3'sets,.one of which must be maintained on the construction site at all times. If this project is subject to review-and approval by the Hamilton County-Surveyor's Office,a total of 11,sets will be required for final approval. 14. Carmel Utilities will provide separate reviews of this-project for water issues. Please assure that copies of all drawings are sent to: Paul Pace Paul Arnone Carmel Utilities Distribution Carmel Utilities Collection 3450 West 1315t Street 901 North-Range Line Road Westfield, iN 46074 Carmel, IN 46032 I5. Cannel Utilitiessubscribes to"Holey Moley"who should be contacted directly for all water main locations. 16. The-following items will be sent electronically upon.request regarding this correspondence and project: a. Project Approval Checklist b. Performance/Maintenance Guarantees c. Utility Jurisdictions/Right of Way Permits d. Availability(acreage)Fees BOARD OF'PUBLIC'WORKS AND SAFETY Mr:;Jitn Shi'elds,;_P'E, ,May"23,2012, RE; The Lakes af Towne!toad Section"3 PUD Project'Review€.#ta 'Page:3 of'5 A schedule fo"r Board of Public'Woria and,Safety meeting datesiand agenda deadlines will be sent;e,lect►onieally,for-your use upon request;'Please.use the=Engineering Department tdeadliiies'foi:'submrssions"to the Board. 18 And submission to the•Board requir.esrpride approval by the-Carmel Clay Plan Commission'and/,or`-the Board of Zoning Appealsi(if'applicable).and completion.;of review by the;Technical Advisory Committee: All 8wr,itten requests'to be placed on the • Board's agenda must include:theappropi iate Docket:Number and the date'(or dates);of 'approval by the Plan commission:and/or th'e;Board of;Zoning Appeals(if!applicable). Water Availability,and Sanitary Sewer approval horn the wrll be'required. '1his'is an EDU,approval:based upon the proposed'use of the site: Reference'!terns#33 to#35'below -for additional details/explanations. Please note that if an ent'rywayt or other irrigation ':System,is planned for development,additional Water Availability A'ppr'oval from the Boartl w_tll'be requ"fired"and addiiietiat Witereiatinection Fees`will be'assessed based `upon the sizeland,usage'of the'system'as determined:by-'the•Director,of Carmel Utilities: 20:. Temporary.Construction Entrance Approval It"appearsthe planned construction entrance is :located at`the site of apennanent curb cut planned on,Towne Road`: Therefore,a separate approval from the Board'will,not be required. The installation;;of any,permanent privately-owned and/or maintained:ii provemnent(signs, decorative street signs;walls, streetlights ,etc.:)within dedicated:right-of way,or;dedicated easements:'-requires the execution of a Consentto Encroach Agreement between'the Owner and the City of Carmel: Such;agreements are executed"by thelBoard of Public Works Of Ptiblie-2WOrksr.and and Safety. The.City Engineer may approve-irrigation systeipiagreements. . y PP P , „ . .g , _ 's must be posted prior to 22:,. Secondar 'l?lat'approval if a : licable, All erformance uarantee submission of secondary'plats,for'Board of Public Works and Safety'approvai';, Dedtcationrof right of=way if not platted: This is based:upon;the City-of Carmel;20-Year Thoroughfare:Plan requirements: Dedication'documents,are available upon request: Please be advised that all Rigl t-o f Way Dedications ii ust be,-accompanied,.bya Sales;:Disclosure Agreement completed by the owner`for the property being dedicated to the City: The dedication document cannot e recordedwithout a completed Sales Disclosure: The form is available.Uponrequest 24. Any-'open pavenient;cuts of City right-of way will require Cannel Board of and Safety approval. `BONDINGREQUIREMENTS. Please,-contact Mr Dave,Barnes'to,review performance;guarantee requ`irerrents; Please contact Mr.John Duffy to review waterand-sanitary sewer..b"ondingarequirements. 26. The amount.'of'tiie Performance-Guarantee is!based upon a'certified Engineer's Estimate for 100%;of the cost.of labor and materials fo consfiuct the,individual improvements,".to.be ',provided bythe design:engineer. Please prOide:detailedEngitieeYs fEStimates for each improvement°!iricluding;quantities,Unit:e0Sts,pipe:sies;:and materials;etc. 27: Upon completion and.release of individual,Performance=Guarantees,,a`three=year. Manite iance.Guarantee will'be-required(see,Street'Sign.comments above). The, Mainttenance-G'uarantee amount°is based upon 15%of tk a Per r`forinance'amountrfor'Stree is and'Curbs and 1"0%of the;Performance:amount:-for all,other improvements; 28: :Perfoii iance•Quarantees maybe Performance.or Subdivision"Blonds=ot lrrevodable Letters of Credit. 29'. Pleasereference the available:enclosur"es for more detailed,ezplanatton"ofour procedures. RIGHT OF'WAV PERMIT ANDBONDING 30. Any:work itrthe dedicated right-of-waywill.require,an:approved'Right- . Way Permit ar d.a License.:&'Permit Bond: 3'I.. The bond•amount is determined.by our Right-of-Way:M'anager. -However ,tf-tl e work.is included',in the"scope of work:of asequired and posted.Performance G'uarantee',`the Mr. Jim Shields, P.E. May 23,2012 RE: The Lakes at Towne Road,Section 3 PUD-Project Review 41 Page 4 of 5 Performance Guarantee.may be used to satisfy the bond requirements of the.Right-of-Way Permit. 32. Please contact our Right-of-Way Manager; Fred Glaser,to arrange right-of-way permitting and bonding. AVAILABILITY AND CONNECTION FEES 33. We defer to Carmel Utilities;regarding this issue. 34. If an entryway or:overall site irrigation system is planned for this development, additional Water Connection:Fees will be assessed.based upon the size.and usage of the system and upon the recommendations of the Director of.Carmel Utilities. 35. These fees are required to.be paid:prior to final approval of construction plans by Engineering and prior to issuance of building permits by Building Codes Services. Please confirm these fees and calculations with Carmel Utilities. CONSTRUCTION'DRAWINGREVIEW COMMENTS 36. Please'include a scale andNorth arrow. 37. Please include a professional engineer,or land surveyor's stamp on the plat. 38. Please provide the requisite storm water/drainage information required"by Section 102.05 of the Storm Water Technical Standards Manual,including,.but not limited to:. a. Provide more detail for the swale cross sections. b: Indicate flood routing. c. Provide minimum flood protection grades for individual'lots. d: Provide Crossroad Engineers with the Pre-Developed.Drainage Report,.Post..Developed Drainage Report,and a Summary Rep ort per the Storm Water Technical Standards Manual.Section 102.05. 39. Please include the spillway elevation for..the pond. 40. Rear yard swales shall be contained within a minimum 30 feet width drainage easement, centered:on the swale. 41. The maximum length forrear yard swales shall not exceed 300 feet beforereaching an inlet. A 330 foot swale is currently shown behind lots 4, 5,and:6. 42. Please number the storm and sanitary sewer structures. 43. Please include the public road name. 44. Please show the existing Towne Road improvements. 45. .Please providea pipe stub to the Towne Road right-of-way for future drainage to.the detention pond. 46. Is the pond sized for the full right-of-way width across the Towne.Road frontage? 47. Please indicate, in the median,a northbound.left turn lane and taperthat conforms to City standards. 48. Please label all dimensions of thesouthbound auxiliary lanes. Auxiliary lanes shall conform to City of Cannel Standard Drawing.10-32. Auxiliary lanes will need to be completely curbed. Curb inlets will need-to be moved within the limits of the auxiliary lanes. Normal crown shall extend into auxiliary lanes. If you have questions,please contact me at 5.71=2441 Sincerely, � P 4! . ii. ;, .. . Ga • D.n +n,J ,P.E. Assistant. ity Engineer Department of Engineering May;23,2012 RE:: The Lakes aLTowne RoadSectiôn3 PU -..PrOject aeview#1: • -Page 5-.0r5 :cc: Angelina.Conn,,Department:.of Community:Services John Duffy,.Carmel Utilities Patil.Pace,Carmel Utilities Paul Arnone,Carrnel Utilities • Greg Hoyes,:Hamilton County.Surveyor's Office Greellko,,,Crossroad Engineers,PC: svra \uscr1a1z:chd\DHJL1\PROiRF.Vl?:THEI,..AKE5ATTOWNER011D3 I2Ey#I • • Conn, Angelina V • From: Jim.Shields [ShieldsJ @.weihe.net] Sents - Thursday,'May 110,,2012'2:29 PM To, Conn, Angeline_W Duncan, Gary,R; Greg Ilko:,(gilko@ crossroadengineers.com);:Redden, Nick; Willie Hall Cc: Forwarding E-mail, Dierckman, Leo; Melissa Duncan(and'uncan@shooprnan_hornes,com); • Greg'Hoyes:(Greg:@oyes @hamiltoncounty ih.gov) • Subject: FW: Docket'No. 1204001'6 Z- Lakes afTowne Road Ill PUD Rezone & TAG - ADDITIONAL INFORMATION' Attachments: PUD Plat 120426.pdf; Open Space Conservation Plan-Report for PUD.pdf Importance: High Angie, Per your email today, we are resending the PUD Primary Plat to the Carmel'Engi_neering department that was originally sent via email on;April 27`h, 2012 (see below). Since this was a new submittal and significant change to the original variance request•(now.a PUD),the revised plans incorporate the previous comments but we-did not prepare a written response..letter to'the pervious'comments as this was a new•submittal to the TAC members. We believe we have addressed the concerns previously sent but can'address any other concerns atthis time. Please let us know if'there are any concerns at your earliest convenience. • • S t oto J a"g t }rt 0,,c• James E.Shields,P.E. Director,Residential Development Weihie.Engineers,Inc. 10505 N.College Avenue Indianapolis;Indiana 46280 3171846.-6611 • 800452 '6408 • 317 1 843 0546 fax 3.17 1..627-'7338 cell ' weihe:net This messa e;and an files transmitted with?itrare confidential,may contain privileged information which:is intended solely forthe receipt;:,use,and;benefit,of:the'intended 9 y recipient of this email.If you are not,the intended:recipient,be advised that dissemination,distribution;printing;or copying of this message•is''strictly.prohibited:and may result • in legal'liability onyour`behalfs It you receive this^message!in error;or are not the named.recipient;,please notify the sender at either address or telephone number above and delete this email from your computer:Thank you. . 1 From: Jim Shields; Sent:.Friday; April'27,.20.12 4::12 PM To: 'Conn, Angelina V`; Akers, William P;,Blanchard,.Jim E; 'Brooke.Gajo.wnik 'David Lucas Duffy,.John M; Duncan, Gary R; Ellison, Christopher M 'Greg Ilko'; Hohlt, William G.; Huffman, David; 'Jason Kirkman'; 'Jason LeMaster', 'Joel Thurman'; Krueskamp, Theresa A; Redden, Nick; 'Ron.Farrand'; 'Ryan.Hartman'; 'Shirley'Hunter'', 1Nesterrneier, Mark; 'Gary,McNamee @duke=energy.com'; 'Ya'ckle,Troy '; 'jlclark @vectren:corri; Thomas, John G; 'Greg.Hoyes @hamiltoncounty in:gov'; 'dan:davenport @aes:com'; 'dbland.w:wise @usps,gov; Mindham, Doren; Littlejohn,. 1 I . • Cohn, kngeji00!V From: Mindham, Daren Sent: Thursday, May 10,201,213:;.1O AM To: 'Jim.Shields' Cc: Forwarding E-mail,.Dierektnan, Leo; Conn,Angelina V-,lLarry'Hemp.(larryhernp@yahoo.com); Ed Flemingc'Melissa Dun Oan (rnduncarf@hooprhanhomes.corrt) Subject: . RE: n: Review 2 -#120400-16.Z - Lakes at To(ni e Road III PLO Rezone &-TAC -ADDITIONAL INFORMATION • Great,this should be all for the Primary Pat landscaping needs. Daren mitidbaen Urban Forester • City of Carmel Department of CoMmunity,Services One Civic Square • Carmel, Indiana 46032 Office: 317-571-1233 From: Jim Shields [Mailto:ShieldSJ@Weihe.net] • Sent: Wednesday, May 09, 2012 4:22 PM To: Mindham, Daren • Cc: Forwarding E-mail,'Dierckman; Leo;'Conn, Angelina V; Larry Hem p (larryherrip@yahoo.corn); 'Ed Fleming; Melissa Duncan (rnduncan@shoOpnnanhomes.cOrn) Subject::RE: Review 2 412040016 Z - Lakes at Towne Road,III PUD Rezone.&TAC - ADDITIONAL INFORMATION, • Daren, Please find attached the revised open space conservation plan/report per your comments on 5/4/12. Should you have any furthercomments or'questiOns, please Myselfor Larry Hemp. • Sincerely, Wt.":Er'it S Vali.-:.).41.004#.1441941-giA*012 James E.Shields,P.E. Direetor, Residential Development Weihe ErigIneets,Ihc '10505 N. College Avenue Indianapolis.Indiana 46280 846-6611 - 800.1452 -6408 317 I 843 -0546 fax 317 l 627 -7338 cell; weihe.net. Thismessage,and any,ifilesiransmitted with:it-are confidential,may contain privileged information which is intended.solely for the receipt.use,and benefit of the intended recipient of this email.If you are not the intended recipient,be advised that dissemination,distribUtiopriatingor copying of this message is strictly prohibited and may result 1 • • Conn, Angelina'V From: Dierckman,.Leo [Leo.Dierckrrman.@opco.com] Sent: Tuesday, May 08, 2012 1,'2:56 PM To: Conn, Angelina V 'Cc: " Hoilibaugh,'Mike P Subject: FW:`.CW 1C2 Newsletter--,Lakes of Towne Rd & Patch Ordinance CWIC2 NEWSLETTER May '7, 2012 President's.Message: The proposed subdivision, located slightly northwest of the intersection of 1315t & Towne Road, is small. It is just 9 75 acres and is basically an expansion of the existing Lake's of`Towie.Road subdivision, with a street connecting;the two. After the DOCS,mistakenly told Mr. Shooprriari that his:initial proposal for _14 homes complied with Zoning because of Open Space rules, The Lakes of Towne Road III isnowr a.P.UD and Mr. Shoopman has reduced the number of homes to 12. Normally,this use of,a.PUD to gain°densitywould result in a:serious remonstrance. from CWIC2. ,Below are what we;believe,to be the unique factors that work together in this specific situation, resulting in.the recommendation for acceptance of this specific PUD as presented. . 1. This development will essenti'allyhe an extension of an existing subdivision.with slightly less density than its abutting neighbors. 1 2 The lot sizes will match or exceed.the lot sizes of the abutting neighbors;:always an important consideration. 3. The developer is setting aside a significant amount of open space that he is not developing-44%. 4. The impact from this"P,UD will be,minimal: It is tinder 10 acres and we are talking about only 2 extra homes. S. We have been communicating with the abutting HOA Presidents, who have been communicating with their residents. While we don't expect every single neighbor to be happy,,the HOA Presidents have indicated overall acceptance within-their neighborhoods. For all these reasons, we officers believe this PUD warrants acceptance. Then a brief update on Old Business,Docket No 12010005,0A: Patch Ordinance IX. This was initiated by DOGS (Dept of Community Services) to "fix–existing ordinances., Some of this is a result of changes in State law and some is a result of changes Carmel made to various ordinances over the past several years that left related pieces..in need of"clean up." Because this is under"Old Business," the public is not allowed to speak. Commissioners will vote and it will move to Council for their review: We all owe Dee a big "thank-you." She has,been faithfully attending and,speaking at:the:meetings on this and there-may be some issues that we hope Council will address. We'll certainly:keep you abreast now that this has moved into the final leg. Plan Commission Agenda–Ma 15th, City Hall,.6:00 p.m. Only proposals for West of;Spring.Mill Road are included beloW�;., Please see the City Website for a complete listing. • (Info'packets for the proposed developments can he viewed online at:. http://cocdocs.ci.carmel.ih:-us/weblink/O/fol)19877/Rowl.aspx;just refer to the agendas'to find the docket no.,for each petition. The firsttwo numbers of a docketno.represent the year,such as.for'docketno:12030008;the year is 2012'and the month of initial filingis 03.) H. Public Hearings 1. Docket:Nei. 12040016 Z: The.Lakes at Towne Road III PUD Rezone. • 2. WITHDRAWN: Docket No. 12020012 PP: The Lakes at Towne Road III. 3. WITHDRAWN: .11 .. • . _ ` : e • : `- The applicant seeks approval to rezone 9.6 acres to PUD/Planned Unit Development for single family residential uses on 12 lots.The site is located at 13336 Towne Rd.It is currently zoned S-1/Residence.Filed by Jim Shields of Weihe Engineers,for Indiana Land Development Corp. Old Business 1. Docket No. 12010005 OA: Patch Ordinance IX. The applicant seeks to amend Subdivision Control..Ordinance Chapter 3: General, Provisions and Chapter 7: Open Space Standards for Major Subdivisions. The applicant also seeks tO amend Zoning,Ordinance Chapter 2: Compliance with the Regulations, Chapter 3: Definitions, Chapter 5: S-1/Residence District, Chapter 6: S- 2/Residence District, Chapter 7: R-1/Residence District, Chapter 8: R-2/Residence District, Chapter 9: R- 3/Residence District,. Chapter 10: R-4/Residence District, Chapter 20A: I-1/Industrial District, Chapter 20G: Old Meridian District, Chapter 21: Special Uses & Special Exceptions, Chapter 23B: US Highway 31 Corridor Overlay Zone, Chapter 23C: US Highway 421 — Michigan Road Corridor Overlay Zone, Chapter 23F: Carmel Drive — Range Line. Road Overlay Zone, Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage Regulations, Chapter 2.5: Additional Use Regulations, Chapter 26: Additional Height, Yard, Lot Area,and Buffering Regulations; Chapter 31: General Provisions and Appendix A: Schedule of Uses. Filed by the Carmel:Department of Community Services on behalf of the Carmel Plan Commission. Marilyn Anderson, President MaryEllen Bormett,Vice-President Dee Fox, Secretary This communication and any attached files may contain informationtthat is confidential or privileged.If this communication has been received in error,please delete or destroy it immediately.Please go to www.opco.conn/Emailllisclosures • • 2 Conn, Angelina V • From: Mindham,,Daren Sent: Friday; May 04, 201 2 9:12;AM To; 'Jim Shields' Cc: Forwarding;E-mail, Dierckrnan, Leo; Conn, Angelina V Subject: Review 2-#1'20400716 Z- Lakes at Towne Road III PUD Rezone &TAC ADDITIONAL • INFORMATION Attachments: PUD Plat 120426.pdf; Open Space Conservation Plan-Report for PUD.pdf; redline plan.pdf Jim,. The following email represents comments for this project specifically addressingthe area of landscaping. I offer the following comments: URBAN FORESTRY REVIEW COMMENTS • • I have no comments at this time forthe,landscape portionof the draft PUD ordinance:wording as all of my comments to date,have been addressed. However,there a're some other minor comments yet to be addressed. The following shall be submitted forthe Primary Plat:•see.Ch 7 Open Space http://www.carmeLin.gov/index.aspx?page=41&parent=256 1) According to Ch703, an:Open„Space Schedule noting the Open Space Categories used and the acreage of each;Use Exhibit A I would like to have an estimated number for the Natural Open Space and the Designed Open Space(#6,8). It does not'have tb be exact, but close. 2) According to Ch7.04.07, an Open Space Conservation Plan shall.be submitted. See Exhibit B(Please note 7:05.07) Please delineate on the Landscape Plan and Conservation Plan document the Tree Preservation Area fencing. I have an example of this shown in red on the.attachment. I have also added some landscapingas more trees should be needed in the common areas. My notes are just some ideas on species and placement. I will have to comparethe requirements from the PUD when the secondary plat is finalized. I would love to see some unique examples of landscaping that would bring people to these areas. For example, a bald cypress swamp/pond(more than Sand closer to the water), an apple orchard style planting,a pine plantation style planting, a hickory or walnut grove style planting or something else that would'beof unique interest. The normal,tree here tree there,does not make a statement of distinctiveness. I would love to be able to tout this neighborhood as:a pioneer of creative landscaping in Carmel. 3) The Open Space Conservation Report°has a misspelled word in the 3`d par'ägr'aph of 2b.the word `corner'. is spelled wrong. The following shall besubmitted for the Secondary Plat-and are initial review comments for the"submitted landscape plan: • 1) Street Trees are required per the Carmel Clay Comprehensive Plan. Please illustrate how these comments will be addressed by letter or revised plan. If you have any questions, feel free to contact me.Thanks. Sincerely, Daren Mindham Urban Forester City of Carmel Department of Community Services One Civic Square Carmel, Indiana 46032 Office: 317-571-2283 From:Jim Shields [mailto:ShieldsJ @weihe.net] Sent: Friday,April 27, 2012 4:11 PM To: Conn,Angelina V;Akers,William P; Blanchard,Jim E; 'Brooke Gajownik'; 'David Lucas'; Duffy,John M; Duncan, Gary R; Ellison, Christopher M; 'Greg Ilko'; Hohlt, William G; Huffman, David; 'Jason Kirkman'; 'Jason LeMaster'; 'Joel Thurman'; Krueskamp,Theresa A; Redden, Nick; 'Ron Farrand'; 'Ryan Hartman'; 'Shirley Hunter'; Westermeier, Mark; 'Gary.McNamee @duke-energy.com'; 'Yackle,Troy '; 'jlclark @vectren.com; Thomas,John G; 'Greg.Hoyes@hamiltoncounty.in.gov'; 'dan.davenport @aes.com'; 'doland.w.wise @usps.gov'; Mindham, Daren; Littlejohn, David W; 'KREBS, STEVEN J (ATTINB)'; 'Larry Beard'; Green,Timothy J; 'Duane Whiting' Cc: 'kcummings@ citizensenergygroup.com'; 'jhavard @citizensenergygroup.com'; Boone, Rachel M.; Mishler, Nicholas F; 'Chuck Shupperd'; Donahue-Wold,Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Knott, Bruce; 'Richard Heck'; McBride, Mike T; Pace, Paul V; Tingley, Connie S; Maki, Sue; Keeling,Adrienne M;Stewart, Lisa M; Haney, Douglas C; Barnes, David R;Worthley, Matthew D; 'amy.schnick @hamiltoncounty.in.gov'; Wenger,Garry; 'Ron Morris'; 'mike.whitman @duke-energy.com'; Forwarding E-mail, Dierckman, Leo; 'Paul Shoopman (on behalf of)'; Ed Fleming; 'Jennifer Marlett'; Hoover,Aaron; Druley, Elizabeth A; 'Jeremy Boyer'; 'Wiseman,Alan'; Kempa, Lisa L; 'MWhite @buckeye.com'; Martin, Candy Subject:Docket No. 12040016 Z- Lakes at Towne Road III PUD Rezone &TAC-ADDITIONAL INFORMATION To Carmel TAC members, Please find attached a revised site plan which includes new as-built topographic survey data for Towne Road and open space conservation plan for the project. This additional information should address many of the comments received by Weihe Engineers regarding the plat. Should you have any further comments, please contact myself or Leo Dierckman. ENGINEERS and { 'k ErvirozmIg f,ruti er James E. Shields, P.E. Director, Residential Development Weihe Engineers, Inc. 10505 N.College Avenue Indianapolis, Indiana 46280 317 1 846-6611 800 1 452 -6408 2 • Conn, An9etina V From: Foley, Amanda J - Sent: Friday, May 04, 2012 4:19 PM • To: Forwarding E-mail, Dierckman, Leo; Duncan, Gary R Cc: Conn, Angelina V; Barnes, David R Subject: RE: department report....for the Public hearing for The Lakes at Towne Road Leo, The Thoroughfare Plan requires a 70 foot right-of-way for Towne Road. This right-of-way was dedicated in 2008. So no further right-of way dedication will be required for this project. Please let me know if you have any further questions. Thank you, Amanda Foley Staff Engineer City of Carmel • Department of Engineering (317) 571-2309 direct From: Dierckman, Leo [mailto:Leo.DierckmanPopco.com] Sent: Friday, May 04, 2012 7:59 AM To: Duncan, Gary R; Foley, Amanda J Cc: Conn, Angelina V Subject: FW: department report....for the Public hearing for The Lakes at Towne Road Gary, Been awhile, I hope all is well with you. Amanda, it is nice to meet you, I do not think we have met in the past. Could you please verify the road righrof=way for Angie for the Project known as The lakes at Towne Road Ili? This was an open item on our Department Report from the last Public meeting and would like to eliminate it as an open item ASAP so that it does not appear on the next report. Please review that attached information and let Jim Shields or me know if you have any questions. It you do not, please advise Angie that this issue as been resolved. Thanks very much for your help. From: Conn, Angelina V f mailto:Aconnftcarmef.in.gov1 Sent: Thursday, May 03, 2012 3:21 PM To: Dierckman, Leo Subject: RE: department report.... Leo those items you have question marks beside are what you need to verify for me: • But I think Daren Mindham is ok with the landscaping standards you added. o I need you to verify the road right of way of towne rd with Gary Duncan or Amanda Foley, and you can just get that in email form from them if that is easier. ® The engineering dept will get me their `dept. report'comments probably next week, right before'DOCS sends out the dept.reports. A lot of the dept report can be used, since this is a Rezone to PUD. We will be;referencing,,again, the comp plan, best fit uses, as well as the densities of the adjacent neighborhoods and how your proposal does-fit into the area. Angie Conn, Planning Administrator • This communication and any attached files may contain information that,is confidential,or privileged. If this communication has been received in error,please delete or destroy it immediately.Please go to°www.opco.com/EmailDisclosures. 1 s = 1 - I2 • • Sponsor: ORDINANCE AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,IND.IANA ESTABLISHING THE LAKES PLANNED.UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "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.; and . WHEREAS, the Plan Commission has given a positive recommendation to this PUD district ordinance (the "Lakes Ordinance") which establishes Lakes . Planned Unit Development District ("the. Lakes District" or "District") with respect to the real estate legally described in what is attached hereto and incorporated here in by reference as Exhibit 1 (the "Real Estate"). NOW, THEREAFORE, BE IT ORDAINED by the ,Council; that (i) pursuant to I.C. .§ 36-7-4-1500 et seq., it adopts the ;Lakes Ordinance, as an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Lakes Ordinance and its exhibits are hereby inapplicable to the use and development of .the Real Estate, (iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and •superseded by this Lakes ,Ordinance, and (iv) this Lakes Ordinance shall he in full force and effect from and after its.passage and signing by the Mayor. • • 1 Section 1. Applicability of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned Unit Development District to he known as Lakes District. Section 1.2 Development in the Lakes District shall he governed entirely by (i) the provisions of this Lakes Ordinance and its exhibits, and (ii) those provisions of the Zoning Ordinance specifically referenced in the Lakes Ordinance. In the event of a conflict or inconsistency between this • - Lakes Ordinance and the Zoning Ordinance, the provisions of this Lakes Ordinance shall apply. Section 1.3 Any capitalized term not defined in Section 2 of this Lakes PUD shall have the meaning as set forth in the Zoning Ordinance in effect on the date of the enactment of this Lakes Ordinance. Section 1.4 All violations of this Lakes Ordinance shall be subject to Section 34.0 of the Zoning Ordinance. Section 2. Definitions and Rules of Construction. Section 2.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Lakes Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. 2 • • • Section 2.2 Definitions. The following definition shall apply throughout this Lakes Ordinance: Accessory. Structure: A structure which is subordinate to a Dwelling or use located on the Real Estate and which is not used for permanent human occupancy. Accessory Use: A use subordinate to the main use, located on the 'real estate or in the same Dwelling as the main use, and incidental to the main use. Aggregate Side Yard: The sum of the widths.of the two (2) side yards located on one (1) lot. Building Height:. The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof and to the mean height between caves and ridges for gable,chip and gambrel roofs. BZA. The City's Board of Zoning Appeals. • City: The City of Carmel, Indiana. Commission' The'Carmel Plan.Cotnniission. • Concept Plan: The Concept Plan attached hereto and incorporated herein by reference as Exhibit 2 which is the primary plat of the Real.Estate. Controlling Developer: Shall mean Indiana Land Development. • until such time as .Indiana Land Development transfers or assigns, in writing, its rights as Controlling Developer;. Such Rights may • •be transferred by the Controlling Developer, in its sole.discretion, in whole or in part. To transfer all or any portion of its rights as Controlling Developer:, Indiana Land Development may (i) name each individual owner of parcels within the Real Estate as Controlling Developer solely with respect to such parcels owned by each such individual owner, (ii) establish a committee of individual owners of the Real Estate within the Real Estate to act as a Controlling Developer with respect o such parcels owned by 3 • all such owners, or (iii) use either method described in (i) and (ii) above with respect to different portions of the Real Estate. Council: The City Council of Carmel, Indiana. Declarations) of Covenants: Decl.aration(s) of Covenants, Conditions and Restrictions applicable to the Real Estate, or any portion thereof, which shall be prepared and recorded by the Controlling Developer in the office of the Recorder of Hamilton • County, Indiana, and which may, from time to time, be amended. Department: The Department of Community Services of the City of Carmel, Indiana. Development Requirements: Development standards and any requirements specified in this Lakes Ordinance. Director: Director, or Administrator, of the Department "Director" and "Administrator" shall include his/her authorized representatives. Dwelling: A detached single family residence. Front Loaded Garage: A garage the garage door of which is parallel both to the primary front facade of a Dwelling and to the street in front of the primary front facade of the Dwelling. Masonry: Brick, stone, manufactured or synthetic stone, and stucco. Open Space: Open space shall comprise a parcel or parcels of land, an area of water, or a combination of land and water, including flood plain and wetland areas located within the Real Estate and designed by the Controlling Developer for the use'and enjoyment of some or all of the residents of the Lakes District. Except as otherwise provided herein, 'open space does not include any area which is divided into building lots or streets. Open Space shall be in the areas identified on the Concept Plan Exhibit 2 Owners Association(s): Owners Association(s) established by the Declaration(s) of Covenants. 4 Primary Roof: The roof on a Dwelling which has the longest ridge line. • Real Estate: The Real Estate legally described in Exhibit 1, and comprising 9.571 acres, more or less. • Sign: Any type of sign as further defined and regulated by this Lakes Ordinance and the Sign Ordinance, contained within the Zoning Ordinance. Zone Map: The City's official Zone Map Corresponding to the Zoning Ordinance. Zoning Ordinance: The Zoning Ordinance, Ordinance Z-289, of the City of Carmel, Hamilton County, Indiana. Section 3. Accessory Buildings and :Uses: All Accessory Structures and Accessory Uses allowed under' the Zoning Ordinance shall be permitted in the Lakes District: unless-prohibited in the Declaration(s) of Covenants; provided, however, that any detached accessory building shall have on all sides the same level of architectural features and shall be architecturally compatible with the principal building(s:) with which it is associated. All Accessory Structures and .Accessory Uses shall be subject to-the provisions to Chapter 25.01 of the Zoning Ordinance. Section.4. Development and Architectural Standards. Section 4.1 The development and architectural standards applicable to all Dwellings are•specified in the Site Requirement Matrix Exhibit 3. Section 4:2 The applicable character illustrations, indicating conceptually the intended architecture and appearance of Dwellings are contained within Exhibit 4. Section 5. Open Space. Open space shall, comprise: a minimum. of 4 acres. and shall be in the areas identified On the Primary Plat Exhibit 2. • 5 Section 5.1 The Open Space Plan conceptually illustrates the District's larger areas of Open Space. The intent of Open Space is to allow for a balance between natural areas and the built environment and to provide for the overall beautification of the District. Section 5.2 A minimum of 4 acres of the District shall be allocated to Open Space as conceptually illustrated on the Open Space Plan. Section 5.3 Tree Preservation Areas. The District's Natural Open Space shall include Tree Preservation Areas. Tree Preservation Areas shall be delineated as part of a Preliminary Plat approval and recorded with the Secondary Plat. Tree Preservation Areas shall be regulated and maintained in accordance with the following: A. The following best management practices should be implemented: (i) Removal of invasive species (e.g. bush honeysuckle) where appropriate. (If after the application of herbicide treatment after the removal of invasive species to•prevent from growing back should occur, then such applications should be done under• the oversight of a professional.) (ii) Removal of an overabundance of combustible material (e.g. dead, fall trees and leaves). (iii) Removal of vines growing on and up a tree when tree growth is affected. (iv) Completing all maintenance activities following industry standard using the latest American National Safety Institute (ANSI) Z-33 and A-300 approved practices and methods. 6 B. The following types of activities shall be permitted: (i) Planting of native trees, pursuant to the Indiana Native Tree List provided by the City's Urban Forester. (ii) Remo'val of hazardous, exotic and invasive pursuant the Indiana Exotic and vegetation,, ursuant t Invasive Plant List provided by the City's Urban Forester. (iii) Removal _of trees directed to he removed by municipal, county, state.or federal authority. (iv) Installation of access easements, right-of-way, street, paths, trails, ,sidewalks, utilities and drainage improvements, and minor pedestrian area improvements (e.g. benches, trash receptacles, creek overlook areas). Community Amenities may be permitted upon.review and approval by City's Urban Forester. If" appropriate and where feasible, said improvement areas should be limited to perpendicular crossings across. Tree Preservation Areas acid/or excluded from delineated Tree • Preservation Areas. C. The following types Of activities shall not be permitted unless otherwise approved:by the City's Urban Forester: (i). Removal of living vegetation other than exotic and invasive vegetation and hazardous trees except to accomplish items listed in Section 12.5(B)(iv) of this Ordinance. Mowing any portion of the existing, naturally vegetated Tree- Preservation Area, except for along trails, points,of'access or,gathering points. (iii) Dumping of leaves or debris from areas other than the Tree Preservation Area. 7 • (iv) Seeding; including grass seed, prairie mix seed, sod or the planting of any type of vegetable garden unless otherwise approved by the City's Urban Forester. (v) Activities that adversely impact the health, structure or integrity of a designated tree preservation area, including but not limited to: active recreational activities requiring the placement of playground equipment, paving for basketball or tennis courts and swimming pools. D. The following requirements shall apply: (i) Tree preservation areas must be easily and permanently identifiable as a tree preservation area through. permanent sig-nage' posted every five hundred (500) feet around the perimeter of all tree preservation areas. The design and location of such signs shall be coordinated with the City's Urban Forester. (ii) Barriers shall be used to protect tree preservation areas during site development. Barriers shall be specified on landscape plans and shall be placed beyond the preserved trees dripline, in accordance with the tree preservation details provided by the City's Urban Forester. Such barriers shall remain in place during the site's construction activity. (iii) The Urban Forester shall be contacted for any disputed activity within the tree preservation area. The Urban Forester shall provide resolution to disputed activity, which may include: (a) Removal of trees that are host to an aggressive, life threatening disease or pest that may pose a threat to the vitality of the rest of the forest. (b) Mowing and hush-hogging. 8 (c) Planting of new or replacement trees. Section 6. Landscaping Requirements. The landscaping in the Lakes District:shall be specified in`Exhibit.5 (the Landscape Plan).. Section 6.1. Landscaping shall be in.accordance with the.following: • A. General Landscaping (Section 11.2) B. Street Trees (Section 11.3) C. Foundation and Lot Plantings.(Section 11.6)• Section 6.2. General Landscaping Standards. Landscaping shall ,be integrated, 'where appropriate', with other functional and ;ornamental site design elements (e.g. hardscape materials, entryway monumentati'on, `paths, sidewalks, fencing, or water feature`s). A. Landscaping should be designed with repetition, structured patterns, and complementary tektu es and colors. Alternate or pervious paving materials or alternative planting 'media is permitted where planting spade is limited or where otherwise warranted by the site design. B. All plantings to be used in accordance with any . landscaping requirement of this Qrdinance shall meet the following specifications: (i). All trees, shrubs and ground covers shall be planted according to the American ,Standard for Nursery Stock (ANSI Z60.,1) and following the standards, including planting details,• provided by the City's Urban Forester. Landscaping materials shall be appropriate to local growing and climatic conditions. (ii) Shade trees shall be a minimum of two and one half (2.5)inches caliper at planting. 9 (iii) Ornamental trees shall be a minimum of one and one half(1.5) inches caliper at planting. (iv) Evergreen trees shall be a minimum height of six (6)feet at planting. • (v) Shrubs shall be a minimum height of eighteen (18) inches at planting. (vi) Evergreen trees may be substituted in lieu of shrubs required by the •Ordinance on a 1:3 basis (one tree .equals three shrubs). C. Existing vegetation may be used to achieve required landscaping if: (i) The vegetation located on the subject parcel is of suitable quality, size and state of health to achieve required landscaping. (ii) The vegetation is proposed to be preserved using accepted best management practices for tree protection during construction. The preservation of existing vegetation shall constitute an in-kind credit toward meeting the landscape requirements of this Ordinance. A credit, which value shall be determined in consultation with the City's Urban Forester, shall be given per tree that contributes to and satisfies similarly the intent of a particular section of this Ordinance. D. All landscaping approved as part of an ADLS plan shall be installed, weather permitting, prior to issuance of a Certificate of Occupancy by the Department. If it is not possible to install the approved landscaping because of weather conditions, the property owner shall request a temporary Certificate of Occupancy prior to the issuance of the Final Certificate of Occupancy, which shall be 10 conditioned upon a determined time to complete the installation of the uninstalled landscape:material. E. All landscaping approved as part of an ADLS plan may not later be substantially altered, eliminated or sacrificed without first obtaining further Plan Commission approval. However, ;minor material 'altercations in landscaping may be approved-.by the Director or his designee in order to Conform to specific site conditions: F. It shall be the responsibillity of the. property owners and their agents to insure proper. maintenance of all trees, shrubs and other landscaping required by this Ordinance. This is to include, but is, not limited to replacing dead plantings with identical varieties or a suitable substitute, mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds. G. Landscaping shall be prohibited within the Vision Clearance on CornerLots. Section 6.3. Street.Trees. A. Shade trees shall be planted parallel to each public street and within the street right-of-way pursuant to the City's published street tree.planting specifications. • • B. Street trees species shall be selected from. the City's published list of recommended street trees and shall he planted, a minimum of thirty (30) feet and a maximum of fifty (50) feet on center. C.. When an appropriate street tree size has been achieved, as determined by the City's Urban Forester, street trees shall be pruned to a height of eight (8) feet minimum over sidewalks and twelve (12) feet minimum,over: streets, to all free passage :along the sidewalk. 11 D. No street tree shall be planted in conflict with drainage or utility easements or structures, underground detention (unless so designed for that purpose). However, where the logical location of proposed utilities would compromise the desired effect, the Developer may solicit the .aid of the City's Urban Forester in mediating an alternative. Section 6.4. Perimeter Landscaping Adjacent to Public Right-of- Way. Perimeter landscaping along the perimeter abutting rights-of-way shall be provided pursuant to this section. Perimeter landscaping shall not be planted within the public right-of-way. Perimeter landscaping shall be pursuant to Chapter 26.04 of the Zoning Ordinance. Landscaping within adjacent Common Areas may be used toward the bufferyard requirement. Existing Tree Preservation Areas may also be used toward the bufferyard requirement as approved by the Urban Forester. Section 6.5. Perimeter Landscaping Not Adjacent to Public Right-of- Way. The bufferyard types shall be pursuant to Chapter 26.04 of the Zoning Ordinance: Section 6.6. Foundation and Lot Plantings. A. Design Intent. Foundation and lot plantings are used to: (i) soften the architectural lines of Buildings. (ii) Frame the primary views to Buildings and public spaces. (iii) Blend architectural designs with the landscape •design. Landscaping shall be designed to appropriately complement a Building's use, set back, 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 foundation of a Building due to the Building's proximity to a sidewalk, path, street, right-of-way or easement. 12 • • B. Single Family Dwellings. The following planting requirements apply'to all Single-.family Dwellings: (i) Lots between six: thousand (6,000) and fifteen thousand (15,000) ,square feet shall be required to plant two (2) trees 'in the front yard. If there is not sufficient area for the tree to be placed in the front yard, then the required tree(s) may be planted in a side yard. • (ii) All,lots shall have,a Minimum of seven (7) shrubs and/or ornamental. grasses along .the foundation facing a street. Corner lots shall install seven (7) shrubs per side facing a street. • Section 7. Maximum Unit Limitation, The total number of Dwellings shall not exceed twelve (12). Section 8. Homeowners Association"sand Declaration of Covenants. O , p p by Declarations of Covenant(s) shall be prepared b : tht, Controlling Developer and recorded with the Reeordef of Hamilton County, Indiana. Section 9. Approval Process. . Section 9.1. Approval_or Denial..of the Primary Plat/Development'Plan. A. Concept Plan: ThellConcept Plan has been reviewed and approved by the Commission, and constitutes the approved primary plat and, as such, the Developer shall riot he required to return the Commission for:primary plat approval. B. Secondary Plat Approval. The Director shall have ,sole and exclusive authority to approve, with or without conditions, or to disapprove any Secondary Plat; provided, however, that the Director shall not unreasonably withhold ,or delay the Director's approval of a :Secondary Plat that is in substantial conformance with the Concept Plan and is in 13 conformance with the Development Requirements of this Lakes Ordinance. If the Director disapproves any Secondary Plat, the Director shall set forth in writing the basis for the disapproval and schedule the request for hearing before the Commission. Section 9.2. Modification of Development Requirements. • A. The Commission may, upon petition of the -Controlling Developer, modify any requirements specified in this Lakes Ordinance. B. Modification of the Developer, may be approved by a hearing examiner or committee designated by the Commission, after a public hearing held in accordance with the Commission's Rules of Procedure: However, any decision of a hearing examiner or committee which denies. any requested modification may be appealed by the party requesting approval to the Commission, also in accordance with the Commission's Rules of Procedure. C. Any proposed modification of the Development Requirement shall comply with the following guidelines: 1. The modification shall be in harmony with the purpose and intent of this Lakes Ordinance. 2. The modification shall not have an adverse impact on the physical, visual, or spatial characteristics of the Lakes District. 3. The modification shall not have an adverse impact on the streetscape and neighborhood. 4. The modification shall not result in configurations of.lots or street systems which shall be unreasonable or detract materially from appearance of Lakes District. 14 • 5. The minimum Jot size of any lot to be created shall not be reduced below the requirements of this Lakes Ordinance. D. When applying the Development Requirements, the commission shall' carefully weigh the specific circumstances surrounding the modification petition and strive for development solutions that promote the spirit, intent and purposes of this Lakes Ordinance. • E. If the Commission (acting through its hearing examiner or committee) determines that the proposed modification will not have an adverse • impact on development in Lakes District, it shall grant a modification of the Development Requirements. In granting modifications, the Commission may impose such conditions as will, in its reasonable judgment,, secure the objectives and purposes of the Lakes Ordinance. • Section 10. Controlling Developer's !Consent. Without the written consent of the Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by way of example but not by limitation, none of the following may be obtained without the approval and consent of the Controlling Developer. A. Improvement location permits for any improvements within the Real Estate; B. Sign permits for any signs within the Real Estate; C. Building permits for any buildings within the Real .Estate; D. Secondary plat approval for any part of the Real Estate; and 15 E. Any text amendments or other variations to the terms and conditions of this Lakes Ordinance. • PASSED by the Common Council of City of'Carmel, Indiana this day of 2012, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL 16 Presiding Officer Kevin D. Rider Richard L. Sharp, President Pro Tern Car.ol,Schleif Ronald E. Carter W. Eric.Seidensticker Sue Finkam Ludi Snyder ATTEST: Diana L Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the'City of Carmel, Indiana this day of 2012,at c.M. Diana L. Cordra y, IAMC, Clerk-Treasurer • Approved 13y me, Mayorofthe City of Carmel,,Indiana, this day of _2012, at _.M. 17 pA ° v 71 co o ro ai a; s. 0 z z o "c) a ,. L o a'. p CV �. c4 C V) a �_ LL N .' v ! 4) =' O ti) - O O C 'G L.T. O ro }' 5. :a w. d O. N a •0 L` O 'G -cu cn 00 M Ly Lt, .:7 cv OV . Z > � 0 , U) rY- ON 0. = .0 0. O RS . 4 .,.q. 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U. co C/7 !,n fa] f ti c, rn fn.in ,..--'" I • 90 A114 / N 5, NIZ WEIHF, ENGINEERS . - in ci Sprvryi;',g (7Wii Er:ON:c;ing , Pa) 11,1 tic..3C) _I 0 V1141 . ,.-„--,—., • ,....., 13 ui 1 t a w i 1 Ii c o 11 f i d'e.ri ,•• . _ , • . -TRANSMITTAL -OE • i mid 10 . , • • . , To: Dept. of Community Services (OOPS) Prdject The Lakes at Towne Road III . . .One CiviC.,Square, 3rd Fir " Job#: W120014 - -• - , .. . • • , . '.- '•, Carmel, IN 46032 . • ' Phone 317-01-2417 . ., .. , • . Ann: - Angie Conn . ' . ' Fax .317-571-2416, • Date: May1,:2012 Re,: TAC Submiftal-PUD We areSeridingyOu El Attached 0 Under separate cover via Delivered the following items: Ill'Shop Drawings 0 Prints [' Copy of Letter ElProduct Data . 0 Specifications 0 Meeting Minutes O Samples [' Change Order(s) II) Inspection Report 111 IllSketcheS/Drawings El Application(s)for Payment 0 Sets Document Document Description [E] Copies Date Nurnber )D• / PUD - Primary Plat W. 1 Landscape Documents 0 crO4Q-/ @ / , Landscape Plan - • , tv,1-•(•0 These are-transmitted as indicated below: 0 Approved El For Your Review or Use 111ApprbVed,as Noted [Z]For Your Review& Comment 0 Not-Approved,Revise and Resubmit 0 As Requested O ActiOn NOt Required 0 For your Records 0 Actibn Indicated on Item Transmitted [' For Your Approval O For Signature. Return Copies to Us III Remarks: Please call with any questions. Thank you. ,. Bv: Edward E. Fleming cc: 1050.;N.College Avenue 1 Indlanapolls.IN 46280 1 w,e;Ile net , 317 1.846 6611 800 452 6408 Fax:317■ 543-0546 Allan H.Weihc,NE..I S President • Conn, Angelina V • From; Whiting;`'Duane [DWhiting @c itizensenergygroup.com] Sent: Monday, April 30,2012 12:23 PM To, Jim Shields Cc; Conn, Angelina V Subject:' RE: Docket No. 12040016 Z- Lakes at Towne Road III PUD Rezone&TAC -ADDITIONAL INFORMATION The Department of Public Utilities for the City of Indianapolis d/b/a Citizens Water has reviewed the request and has no objection to the.PUD rezoning. This development is in the,Carmel Water service area. Duane A. Whiting Rear Estate.-Property Planner 1220 WaterwayBoulevard Indianapolis, IN 46202 Tel 317-263.6418 dwhitina @citizensenergygroup:com- • From:Jim Shields'[ShieldsJ @weihe.net] Sent: Friday, April 27, 2012 4:.11'PM To: Conn, Angelina V; Akers, William P Blanchard, Jim E; 'Brooke Gajownik';''David Lucas'; Duffy, John M; Duncan, Gary R; Ellison, Christopher M 'Greg'Ilko'; Hohit, William.G; Huffman, David; 'Jason Kirkman'; 'Jason LeMaster'; 'Joel Thurman'; Krueskamp, Theresa A; Redden;Nick; 'Ron.Farrand'; 'Ryan Hartman' 'Shirley Hunter'; Westermeier, Mark; 'Gary.McNamee @duke-energy.com'; 'Yackle,Troy'; 'jlclark @vectren.com Thomas, John G; Greg.Noyes @hamiltoncounty,in.gov'; 'dan.davenport @aes.com'; 'doland.w.wise @usps.;gov'; Mindham, Daren; Littlejohn, David W; 'KREBS; STEVEN J (ATTINB)';:'Larry Beard'; Green,.Timothy.); Whiting, Duane Cc: Cummings, Kraig;Havard, John E.;.Boone Rachel M.; Mishler, Nicholas F;,, 'Chuck Shupperd'; Donahue-Wold, Alexia K; Hancock; Ramona B;,Hollibaugh;-.Mike P; Knott, Bruce; 'Richard Heek'; McBride, Mike T; Pace,Paul V; Tingley, Connie S; Maki, Sue; Keeling,Adrienne M;'Stewart, Lisa M; Haney, Douglas.C; Barnes, David R; Worthley, Matthew D; 'amy schnick @hamiltoncounty,.in.gov';•Wenger, Garry; 'Ron Morris';'mike.whitman @duke-energy.com'; Forwarding E- mail Dierckman, Leo; 'Paul Shoopman (on behalf of)'• Ed Fleming; Marlett,Jennifer; Hoover, Aaron; Druley, Elizabeth A; .Boyer�-Jeremy; 'Wiseman, Alan'; Kempa, Lisa`IL; 'MWhite @buckeYe.com'; Martin; Candy Subject: Docket N'o. 12040016 Z - Lakes at Towne Road III PUD Rezone &TAC - ADDITIONAL INFORMATION To'Carmel TAC members, Please find attached a revised site plan which includes new as-built topographic survey data for Towne Road and open spaceconservation plan for the project. This additional information should address many of the comments received by Weihe Engineers regarding the plat'. houldl you have any further comments, please contact myself or Leo Dierckman. '',t1 .H THE • James E._Shields,PE. Director,,Residential Development Weihe'Engineers,Inc. • 10505 N.College Avenue • 1 Conn, Angelina V From: Jim Shields.[ShieldsJ:@weihe.net] Sent: Friday, April 27, 2012 4:11 PM' • To Conn, Angelina V;Akers,William P;Blanchard; Jim E; 'Brooke Gajownik'; 'David Lucas'; Duffy, John M; Duncan, Gary R; Ellison,,Christopher M; 'Greg.Ilko'; Hofilt, Wiiliain G; Huffman, David; 'Jason Kirkman';"Jason LeMaster';`Joel Thurman'; Krueskamp;Theresa A; Redden, Nick;'Ron Farrand';'Ryan.Hartman'; 'Shirley Hunter'; Westermeier, Mark; 'Gary.McNamee @duke-energy.com'; 'Yaekle, Troy; 'jlclark @,vectren.com'; Thomas,John G; G'reg.Hoyes@@ hamiltoncounty.in.gov';'dan.davenport@ aes.com';'doland.w.wise@ usps.gov'; Mindham, Daren;.Littlejohn, David W;''KREBS', STEVEN,J (ATTINB)'; 'Larry Beard'; Green, Timothy J';'Duane Whiting' Cc: kcummings@ citizensenergygroup.com';'jhavard @eitizensenergygroup.com'; Boone, Rachel M.; Mishler,.; Nicholas F; 'Chuck Shupperd'; Donahue'Wold, Alexia K; Hancock, Ramona B; Hollibaugh, Mike-P; Knott, Bruce; 'Richard Heck'; McBride, Mika T; Paces Paul V; Tingley, Connie S;Maki,Sue; Keeling,Adrienne M;Stewart; Lisa M; Haney, DouglasC; Barnes, David R; Worthley, Matthew D;'amy.schnick @hamiltoncounty.in.gov';Wenger, Garry; 'Ron Morris'; 'mike.whitman @duke-energy.com'; Forwarding E,mail, Dierckman, Leo; 'Paul Shoopman (on behalf of)'; Ed Fleming; 'Jennifer Marlett' Hoover, Aaron; Druley, Elizabeth A; 'Jeremy Boyer'; 'Wiseman, Alan'; Kernpa, Lisa L; 'MWhite;@buckeye.com'; Martin, Candy Subject: Docket No. 12040016 Z - Lakes at Towne Road Ill PUD Rezone &TAC .ADDITIONAL INFORMATION Attachments: PUD Plat 120426pdf; Open Space.Conservation Plan-Report for PUD.pdf To Carmel TAC members, Please find attaehed a revised site plan which includes,new as-built::topographic survey data for Towhe Road and open space conservation plan for the project. This.additional information.should address many of the comments received by Weihe Engineers regarding the plat. Should you have any further comments, please contact myself or Leo Dierckman. i;; .E lag ' s t fiti 3:i.:•' • James.E. Shields,•P.E. Director, Residential Development' Weihe Engineers,Inc. 10505 N. College Avenue Indianapolis,Indiana 46280 • 317 1 846—6611 800,1452 -6408 '843•-0546fax 317:I 627 -7338 cell weihe.net This.message and any files transmitted with it ate confidential,may contain privileged information which is:intended solely for the receipt,use and benefit of the intended recipient of this email,It you are not the intended recipient.be,advised that,dissemination,distribution,printing•or•copying..of this message is.strictly prohibited and may result in legal liability on your behalf.ff you receive this message in error,.or are not the named.recipient,please.notify the sender at either the.email address or telephone number above<andddelete this email from your computer.Thank you. •' I 1 Hi,TAC members: The petitioner has been directed by Council and the Planning Dept.to now do this project as a rezone to PUD- Planned Unit Development,instead of a primary plat with waiver. The primary plat will be included in the PUD rezone. Below(and attached) is info on the new rezone docket no.as well as the new plat and rezone. The petitioner would like to receive all new review comments via email;they will not be attending another TAC meeting. If you need paper copies of the PUD rezone text or proposed plat,please contact the petitioner. Jim Shields,project engineer, can be contacted at 317-846-6611 or Shields](@weihe.net. You can also contact Leo Dierckman,project manager, at Leo.Dierckman@Opco.com or(317)843-3603. Thanks! 1. D a No TIO UO1 Z ST e Lakes at T wne Roairfil EUD rezone 2. WITHDRAWN: Docket No. 12020012 PP: The Lakes at Towne Road Ill. 3. WITHDRAWN: Docket No. 12020013 SW SCO Chptr 7.01: Base Density The applicant seeks approval to rezone 9.6 acres to PUD/Planned Unit Development for single family residential uses; 12 lots.The site is located at 13336 Towne Rd. It is currently zoned S-1/Residence. Filed by Jim Shields of Weihe Engineers,for Indiana Land Development Corp. Jim Shields,project engineer, can be contacted at 317-846-6611 or ShieldsJ@weihe.net Angie Conn, Planning Administrator City of Carmel Planning &Zoning Division Dept. of Community Services 1 Civic Square, 3rd Fir. Carmel, IN 46032 0: 317-571-2417 I F: 317-571-2426 I E: aconn(acarmel.in.gov W: www.carmeldocs.com Please consider the environment before printing this e-mail • 2 ; . Conn, Angelina V From: Jim;Shields [ShieidsJ @weihe.net] Sent:, Wednesday, April 25, 2012 1:53:PM To: Mindham, Daren Cc: Forwarding E-mail, Dierekman, Leo;;Conn; Angelina V;Larry,.,Hemp (larryhemp @yahoo.com) Subject: RE: Lakes at Towne Road"111 PUD Rezone&TAC • Daren, We will be send to you.a Conservation Plan and Evaluation Report the first of next week along with the revised PUD exhibit. Larry Hemp(our landscape architect) has been working on this-and was makingsome minor revisions today. Sorry for the delay: . E ,; G :1'.N `°E '. James E. Shields.'P.E. Director,Resid'ential;Development Weihe Engineers,'Inc. 10505 N.College Avenue Indianapolis,Indiana 46280 317 1,846 -6611 800 1 452-.6408 3 17 l 843-0546,fi1;x 317 l 627.-7338 cell weihe.net • This message,and,any,files transmitted with it areconfidential,may contain privileged information which:is intended solely for the receipt,use and benefit of the intended recipient of this:email.It you are:not the intended:recipient,be advised-that dissemination,distribution,printing-or cop ying`of;this message is strictly prohibited and may result in legal:liability on your behalf.;lf;you,receive this message imerror,or are not the'named recipient,;please notify the sender at either the email address or telephone number above and delete this email from:iyour computer.Thankyou. From: Mindham, Daren [mallto dmindham@a carmel.in.gov] Sent: Wednesday, April'25, 20t2 1:44 PM To: Jim Shields Cc: Forwarding,E-mail, Dierckman, Leo; Conn, Angelina V Subject: Lakes at Towne Road II°I PUD'Rezone &TAC Jim, - The following,email represents comments for this project speclfical'lyaddressing the area of landscaping. I offer the.following:comments: • URBAN:FORESTRY REVIEW COMMENTS • • • • Conn, Angelina V From: Mindham, Daren Sent: Wednesday, April 25, 2012 1:44 PM To: 'Jim Shields' Cc: Forwarding E-mail, Dierckman, Leo;.Conn, Angelina V Subject: Lakes.at Towne Road III PUD Rezone&TAC Attachments: Exhibit A.PDF; Exhibit B.PDF; Treedetail-Carmel.pdf Evergreendetail-Carmel.pdf; Shrubdetail-Carmel.pdf;Tree Preservation Detail.pdf; Sample PUD Landscape Ordinance.pdf Jim, The following email represents comments for this project specifically addressing the area of landscaping. offer the following comments: URBAN FORESTRY REVIEW COMMENTS • o I have attached a sample PUD which shows all of important aspects that are needed and a proper way to organize them. The Lakes at Towne Rd PUD should be shorter than the example as it will not have as many types of developments within it, but the attached sample should be a great guide. Many of the sample sections are normally required and should be present in the Lakes of Towne Rd revision. The following shall be submitted for the Primary Plat: see Ch 7.Open Space http://www.carmel.in.gov/index.aspx?page=41&parent=256 1) According to Ch7.03, an Open Space Schedule noting the Open Space Categories used and the acreage of each Use Exhibit A 2) According to Ch7.04.07, an Open Space Conservation Plan shall be submitted. See Exhibit B (Please note 7.05.07) 3) According to Ch7.07, a Woodland Evaluation Report shall be submitted with the Open Space Conservation Plan. The following shall be submitted for the Secondary Plat-and are initial review comments for the submitted landscape plan: 1) Street Trees are required per the Carmel Clay Comprehensive Plan. 2) Tree planting details will need to be shown. I have attached our standards for your use. 3) A tree preservation detail will need to be shown. I have attached our standards for your use. 4) I see existing trees shown on the plan, but only existing'.trees that are to be preserved should be shown on the landscape plan. It"seems that some of these areas will have construction done. Please illustrate how these comments will be addressed by letter or revised plan. If you have any questions, feel free to contact me. Thanks. Sincerely, Daren Mindham Urban Forester City of Carmel Department of Community Services One Civic Square Carmel, Indiana 46032 Office: 317-571-2283 1 .);f"-;"ai.:•,„1 04-041C;41:iyar, C - 711'111e- 1C6',-.Eit,eparinvent 3; si4 4 6O3 April 24, 2012 M . Jàrres Shields 'AriVeihe,EnginderS, INC 10`50 :N. College.AVenue • Inclianapcilis,,IN 4620 RE: Lakes at Towne„Road PUD'Rezone4 TAG • bear*.Snieldt': Information for the abOve!mentioned Projed hasii.been"received and reviewed. At the present time, f.see,:hothing in the plans that Would hamper law enforcement effOrts. If*.e'Can IDPY.Of"pny fUrther'assiStance toryou;please contact us. Respectfully. -e'S C. ,BarIOW . . • ''.:ting Chief of Police cc: DeOt.,Of CornrnOrlitV Services • —a - Cal 7), SOO A Nationally AccreclitVavy.' nfOrcement'Ag-aiicy 1r.. ..1.5.1.7 571-2512' Conn, Angelina V • Frorn: Conn;Angelina.V Sent: Thursday, April 19, 2012 11:45 AM To: 'Dierckman, Leo' Subject: RE: Lakes at Towne Road III PUD Rezone&TAC Leo— { My disclaimer: I am not an attorney, soI do not know°the bare:minimlum info/text that is required in a PUD rezone for this type of situation to get a,slightly higher density. You might want an attorney look it over just to double check the legality of the document...just a suggestion. Here are some preliminary review.-comments: 1. Will you:really have an architectural review board?That is referenced in the definitions. 2. There is a definition for Open.Space, as well as Community Open Space. What is the difference? 3. In section 3—please make a reference to chapter 25`.01 of"the Carmel zoning ordinance for development ,standardsfor-accessory buildings and uses for residential districts. 4. Signs&Street Lights: is this referring to street name signs at the street'intersections? Please clarify. 5. You should probably add what the side,front; rear yard setbacks will be, as well as the maximum lot cover%, minimum lot area etc.; OR just refer to Chapter 5 of the Carmel zoning ordinance for the S-1/residence district development standards. -Angie Conn, Planning Administrator From: Dierckman, Leo [mailto;Leo.Dierckman @opco com] Sent:.Thursday, April 19, 2012 11:28 AM • To: Conn, Angelina V„ Subject: RE: Lakes at Towne Road III PUD Rezone &`TAC Did you have any comments on the PUD document? Leo J. Dierckman P: (317):843=3603 From::Conn, Angelina V [mailto:Aconn(Tcarmel.in.gov] Sent: Thursday,April 19, 2012 11:26 AM To Akers, William P Blanchard,Jim E 'Brooke Gajownik'; 'David Lucas' Duffy, John M,Duncan, Gary R; Ellison, Christopher M; 'Greg Ilko', Hohlt, William G; Huffman, David; 'Jason Kirkman'; 'Jason LeMaster' 'Joel Thurman'; Krueskarti p, Theresa A' :Redden, Nick; 'Ron Farrand', 'Ryan Hartman';1'Shirley Hunter'; Westerneier, Mark; 'Gary:McNamee @duke-energy.com', 'Yackle, Troy ' lIclark @vectren.com',Thomas, John G; 'Greg.Hoyes @hamiltoncounty:in.gov', 'dan.davenport @aes.com', 'doland.w wise @usps.gov, Mindham,'Daren; Littlejohn, David W; 'KREBS, STEVEN 3 (ATTINB)', 'Larry Beard'; Green, Timothy J; 'Duane Whiting' Cc: 'kcummings @citizensenergygroup.corn';'jhavard @citizensenergygroup.com', Boone,.:Rachel M.; Mishler,, Nicholas F; 'Chuck Shupperd' Donahue-Wold, Alexia K,Hancock, Ramona B; Hollibaugh, Mike P; Knott, Bruce; "Richard Heck'; McBride, Mike T 'Pace, Paul V, Tingley, Connie S; Maki, Sue; Keeling,jAdrienne M Stewart,Lisa M; Haney, Douglas C; Barnes, David R; Worthley, Matthew D; amy:schnick @hamiltoncounty,.in:gov Wenger, Garry,''''Ron Morris'; 'mike whitman @duke-energy.corn', Dierckman, Leo; 'Jim Shields'; 'Paul' Shoopman (on,behalf of)'; 'Ed Fleming'; 'Jennifer Marlett; Hoover,Aaron; Druley, Elizabeth A; 'Jeremy Boyer'; 'Wiseman, Alan'; Kempa, Lisa L; 'MWhite @buckeye.com'; 1 • Conn, Angelina V From: Conn; Angelina V Sent: Thursday;:.April'1'9;2012'1'1:26 AM To: Akers, William P;'Blanchard, Jim E; 'Brooke Gajownik'; 'David Lucas'; Duffy,John M; Duncan, • Gary R; Ellison, Christopher M; 'Greg Ilko'i;,Hohlt, William G;Huffman, David; 'Jason.Kirkman`; 'Jason LeMaster':; 'Joel Thurman';.Krueskamp, Theresa,A; Redden, Nick; 'Ron Farrand'; 'Ryan Hartman'; 'Shirley Hunter'; Westermeier, Mark; 'Gary.McNamee @duke-energy.com'; 'Yackle, Tr Oy 1 rrt m 9 ; Y a a Y g ov'; dan.davenort @aes comdoland w w e@ sps gov Mind am Drren Littlejoh n, David W; 'KREBS, STEVEN J'(ATTINB)'; 'Larry Beard'; Green, Timothy J;.'Duane Whiting' Cc: 'kcummings @citizensenergygroup.com'; 'jhavard @citizensenergygroup.com'; Boone, Rachel M.; Mishler, Nicholas F''Chuck Shupperd'; Donahue-Wold, Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Knott;,Bruce;'Richard Heck';'McBride, Mike T; Pace, Paul V; Tingley, Connie 5; Maki,'SUe; Keeling, Adrienne M; Stewart, Lisa M; Haney, Douglas C; Barnes, David R; Worthley, Matthew D; 'amy.schnick @hamiltoncounty.in.gov'; Wenger, Garry; 'Ron Morris'; 'mike.whitman@ duke-energy.com'; 'Dierckman,,Leo'; 'Jim Shields'; 'Paul Shoopman (on behalf of)'; 'Ed Fierning';:'Jennifer Marlett';'Hoover, Aaron; Druley, Elizabeth A; 'Jeremy Boyer'; 'Wiseman,Alan';;Kempa, Lisa.L;'MWhite @buckeye.com'; Martin, Candy Subject: FW: Lakes at Towne Road III PUD Rezone &TAC Attachments: 20120416 Primary-12 Lots.pdf; 201'204'16:Primary-12.Lots (2).pdf; PUD rezone application 4-18-2012.pdf; PUD 04-1.8-1.2 draft.doc Hi,TAC members: The petitioner has been directed'by Council and the Planning Dept.to now do this project as a rezone to PUD- Planned Unit Development, instead of primary plat with waiver. The primary plat will be included in the PUD rezone. Below(and attached),is info on the.new rezone docket no'.as Well as the new plat and rezone. The petitioner would'like to receive all new review comments via email;they will not be attending another TAC meeting. If you.need;paper copies of the PUD rezone text or proposed plat,please.contact the petitioner. Jim Shields,project engineer,can be contacted at 31;7-846-6611 or ShieldsJ@aoweihe.net. You can also contact Leo Dierckman, project manager, at.Leo.DierckmanPopco.com or(317)843-3603. Thanks! r °I DDocket No 1204002 Z The Lakes at Tpwne Road I!I UD er ne 2. WITHDRAWN: Docket N,o. 120.20012 PP: The Lakes atT;owne Road Ill. 3. WITHDRAWN: Docket No. 12020013 SW SCO Chptr;7:01: Base Density The applicant seeks approval to rezone 9.6 acres to PUD/Planned Unit Development for single family residential uses; 12 lots.The site is located at 13336 Towne Rd. It is currently zoned S-1/Residence.Filed by Jim Shields of Weihe Engineers,for Indiana Land:Development Corp. Jim Shields,project engineer,can be contacted at 317-846-6611 or ShieldsJ@weihe.net . Angie,Conn; Planning Administrator City of Carmel Planning &Zoning Division Dept. of'Community Services 1.Civic Square, 3rd Flr. Carmel, IN 46032 0: 317-571-2417 I F: 317-571-2426 I E: aconn@icarmel.in.gov W:.www.carmeldocs.com • Please consider the environment before;printing this e-mail • 1 • Conn; Angelina'V From: Dierckman, Leo [Leo.Dierckman @opco.com] Sent: Wednesday, April 18, 2012 1:56 PM To:, Conn, Angelina V" 'Subject: RE: Lakes at towne road III PUD rezone&TAC We agree to withdrawal Leo J. ,Dierckman P: (317) 843-3.603 .Original Message--- From,: Conn, Angelina V jmailto:Acohn 0carmel.in.gov] Sent: Wednesday, April 18, 2012 12:03 PM To Dierckman,• .Leo Subject: RE: Lakes at towne road III PUD rezone & TACI Leo- will the PUD ,rezone be written in a way to include the Primary Plat as part of that rezone approval? And if so, is it safe to Withdraw that Primary Plat docket no. now? -Angie Conn, Planning Administrator Original Message--,--- From.: Dierckman,, :Leo [mailto:Leo.Dierckman0Opco.com] • • Sent: Wednesday, April 18, 2012 11:38 AM To: Conn, Angelina V SUbj,ect:' RE:. Lakes at towne road III PUD rezone &' TAC', I hope to have a draft _PUD late today. . .but it might be Thursday. .. . . do you like the revised plan? 44% openspace! Leo J. Dierckman P: (317) 843-3603 Original Message----- From: Conn, Angelina V [mailto AconnOcarmel.in.gov] Sent: Wednesday, April 18,. 2012 11:37 AM To: Dierckman, Leo Subject:. RE: takes at towne road III PUD rezone & TAC, Thanks! •, -Angie. Conn, Planning Administrator ' Original Message--- - • From,: Dierckman,, Leo [mailto:Leo.,DierckmanPopco.com] .l, Sent: Wednesday", April 18, 2012 11:'36 AM To: Conn., Angelina V Subject=,: RE,: Lakes at towne' road. III PUD rezone & TAC Attached is the PUD application.. Please let me know if anything needs to be changed. Thanks • 1 Hancock, Ramona B From: Cutler, Dave [dave.cutler @winpak.comj Sent: Friday, April 13, 2012 10:34 AM To Hancock, Ramona B Cc: tlt16 @chrysler.com Subject: Concerned home owner Dear Commissioner Cock, Subject: 1. Docket No. 12020012 PP: Lakes of Town Road Ill 2. Docket No 12020012 SW sco Chptr 7.01: Base Density I am writing°you because of myd'eep-concerns;:over the request by Shoopman builders proposed subdivision plans in asking for a significant density change on April 17. I am one of the homeowner that lives behind the empty field that the 9.6 acres are,being proposed. I am not objecting to the expansion but I am objecting to density increase of 44% per lot. My understanding is Shoopman is asking-for:a waiver from 10 homes to;14.homes that myself and many Lakes of Town Road Subdivision homeowners;are opposed in changing. My fear it could bring down the value of my home and others in Lakes of Town Road, of which I just purchased less than a year ago. Because it is a small expansion it is even more,important:to keep consistence in the area of lot size. The last'thing I want to see is my current home value drop because the smaller lots and potentially smaller homes that could be'built behind my home. My address is 2581 Diamond Lake Drive and will be one of the homes most effective because I live on the corner where the road will be expanded resulting in more traffic,another negative. Shoopman builds all size of homes and some have been smaller square footage than what is typical in adjacent neighborhood so I ani very, concerned. Larger lots don't mean larger homes but it fares more likely and keeps with the adjacent neighborhood landscape, look and appeal. I personally will not be able to attend the planning commission meeting on April 17 because I will be in California on business so I am writing you to take my comments into consideration and discuss with the other planning commissioners. I Again I urge you NOT to grant the Shoopman request for a waiver on density and stick to the 10 maximum lot size requirements, let's keep Carmel.values up and a better place to live.' Sincerely David Cutler Concerned,Home Owner of Lakes-of Town Road Phone 317=574-0117` Cell 317 835-3883 1 HAncock, Ramon? B Fforn: Cindy Johnson [Cindyj123@hotmail.com] Sent: Thursday. 12, 2012 8:52 AM i To: Hancock, Ramona B Subject: Carrhel Plan Commission Letter Dear Plan Commis Sion Members: I am Wilting to press concern regarding the ShoopmanpropOsal of 14 lots on 9.6 acres, located at 13336 Towne Rd. The April 17 Plan Commission agenda .lists this proposal as Docket Number 12020012 PP: The Lakes at Towne Road III and Docket No 12020013 SW: SCO Chptr 7:01: Base Density. While the, propOs-al is only for 14 homes, the density issue is quite concerning. The Lakes of Towne Road includes homes at 1.34 units per acre and:the,Lakes of Hayden Run features homes on 1.37 Units.Oer aere. The ShoOpman Proposal would bUild the additional homes at 1.44 units per acre. . While this denSity change may notseem significant, it's ay44% density increase over the zoning. EVen more concerning, is the base density- Waiver. A i-6citiest has been submitted to approve a waiver on density, rather than a rezone of the property. The applicant's propOsal represents a fundamental shift in the Plan Commission and City Council process,of evaluating requests. By seeking a waiver on density, the builder is circumventing the nOrmal protesS'and the Carmel Comprehensive Plan. If the Plan Commission approves the waiver, this will open the'door for all developers to seek waivers for a myriad of mandates.' Developers could submit waivers for not only density, but also building,standards, infrastructure, landscaping, or any otherconqpbhent of Carmel's building guidelines. 1,1 The Plan ComMisSion's approval 6,f thiS waiver Sends the message that any development policy can be debated and building 'standards can be decided on a case by case basis. Ultimately, this would guarantee4a.great-deal of additional,work for the Plan CommiSsion. The current rezoning procedure ensures that two governmental entities review requests, thus maintaining Carmel's reputation as a well planned and Maintained CoMmunity. The waiver approval method Would alleviate any City. Council involvement is these type of requests. Carmel residents could then conclude that their respective elected City Councilor does not have the opportunity to vote for certain building and deYeloprnent standards. • I...arn-urging you to decline the developer's waiver density request to'continue Carmel's standard of excellence. Sincerely, . . Cindy Johnson • 1 Conn, Angelina.V From: Mindham,':Daren Sent: Thursday;April 12, 2012 9:37 AM To: Conn, Angelina V Subject: RE:Docket No. 12020012 PP: The Lakes at Towne Road III. Attachments: Lakes at Towne Road III - Landscape Plan Angie,. still need these comments addressed. Essentially, I have nothing for the Primary Plat.The only thing I have is a landscape plan that is required'for the secondary plat.See attached for review letter. URBAN FORESTRY REVIEW COMMENTS The following shall be submitted for the Primary Plat: see Ch'7 Open Space http://www.carrnel,in.gov/index.aspx?page=41&parent=256 r' 1) According to Ch7.03, an Open Space Schedule noting the Open Space Categories used and the acreage of each. Use Exhibit A 2), According to Ch7.04.07, an Open Space Conservation Plan shall be submitted.See Exhibit B (Please note 7.05.07) 3) According to Ch7.07, a Woodland Evaluation Report shall)be submitted with the Open Space Conservation Plan. Daren Mindham Urban Forester City of Carmel Department of Community Services One Civic Square Carmel, Indiana 46032 Office:317-571-2283 From Conn, Angelina V Sent;Wednesday, April 11, 2012 1:47 PM To: Mindham, Daren • Subject::Docket Nb. 12020012 PP: The Lakes at Towne Road III. Hi Daren— I would like to add your comment to the Dept. Report for this item: What is your approval status of the landscape plan for this primary plat? Thanks, Angie 1 ' i N Conn Angelina V From: John;Molitor(jmolitor @prodigy.net] ;+ Sent: Thursday,April1 2, 2012 11:11 AM To: Conn, Angelina V C,e Hollibaugh, Mike P Subject: Re: CWIC2 Newsletter -the lakes at towne.road Ill Angie and Mike--I don't want to involve myself directly in this discussion with Leo. However,_I would urge that you encourage him to pursue a rezoning on this matter rather than going the.waiver route.The waiver will probably be denied anyway. Even if it is:approved, a density waiver could result in litigation from CWIC -- subject to whether they have a budget for'that,sort of'thing As we've been discussing with the committee regarding the pending Patch.Ordinance,it's really not good practice to give a Plan Commission;the authority to unilaterally waive the maximum allowed density on a parcel. It's likely that the Patch Ordinance will be eliminating this option in,the near future. In this case, I think that a simple PUD proposal:would be preferable to a waiver request. (The PUD could address only the number of lots allowed and the amount of open space provided; otherwise, it would follow the rest of the Zoning Ordinance.) On the other hand, when I talked the other night with Dee Fox, she thought that CWIC might he okay with 12 lots here instead of the proposed 14,.,Perhaps the two sides could come to compromise on 11 or 12 lots. Caution: I'm not sure how Rick would feel about that if it didn't have to go to the Council. John From: Dierckman, Leo <Leo.Dierckman@opco.com> To: 'Conn, Angelina V`" <Aconn @carmel.in.gov> Cc: "Hollibaugh,'Mike P" <MHollibaugh @carmel.in.gov>; John Molitor<jmolitor @prodigy:net> Sent: Thursday, April'12, 2012 10:46 AM Subject: RE: CWIC2 Newsletter- the lakes-attowne road III I got a feeling they will be very-technical... and thus see it at 12 lots if;we go the waiver route. Another question.... If we went the rezone,route and asked for 1:3 lots, what at this point would we have to do? Renotice wise...and related... thanks... Leo J. Dierckman P:(317) 843-3603 From: Conn, Angelina V [mailto:Aconn @carmel.in.gov] Sent: Thursday; April 12, 2012`10:41 AM To: Dierckman, Leo Cc: Hollibaugh; Mike ; John Molitor Subject: RE: CWIC2 Newsletter - the lakes at towne road III 'W ell,we were:thinking thatyou.could start with the:14 lots,but if-there was a lot of push backfrom►the public or the PC.members then.you could modify it to be a density of 1.35 or less,to coincidewith the maximum of 35% waiver ...but tight now I think we are interpreting.density to not really be a quantitative requirement(such as lot area,width;setbacks,etc.)that would,.be limited by a 35%waivers... I have copied Mike Hon this,so that'he is aware of this discussion,in case he wants to weigh in on the whole'interpretation'thing. © 1 { 13 lots on 9.571 acres would create a density of 1.358, and if you rounded that to 1.36,then that would be 1% more than the 35%waiver would allow, if someone from the public wanted to get technical.... -Angie From: Dierckman, Leo [mailto:Leo.Dierckman @opco.com] Sent: Thursday, April 12, 2012 10:24 AM To: Conn, Angelina V Cc: Hollibaugh, Mike P ; John Molitor Subject: RE: CWIC2 Newsletter -the lakes at towne road III Okay. If we go with the waiver, are we talking 12 or 13 lots to meet the requirements of the waiver? Leo J. Dierckman P: (317) 843-3603 From: Conn, Angelina V [mailto:AconnOcarmel.in.gov] Sent: Thursday, April 12, 2012 10:21 AM To: Dierckman, Leo Cc: Hollibaugh, Mike P ; John Molitor Subject: RE: CWIC2 Newsletter - the lakes at towne road III Leo- I think we are okay with you moving forward. Now, it is just a matter of convincing Rick Sharp that the Plan Commission is the correct venue for the waiver from density( and not Council).... I sent him chapter 7 of the subdivision control ordinance in its entirety. Now,we wait.... -Angie Conn , Planning Administrator From: Dierckman, Leo [mailto:Leo.Dierckmanaopco.com] Sent: Thursday, April 12, 2012 9:13 AM To: Conn, Angelina V Cc: Hollibaugh, Mike P ; John Molitor Subject: RE: CWIC2 Newsletter -the lakes at towne road III Angie, Any update/conclusion on this issue? Thanks Leo J. Dierckman P: (317) 843-3603 From: Conn, Angelina V [mailto:Aconnacarmel.in.gov] Sent:Wednesday, April 11, 2012 11:07 AM To: Dierckman, Leo Cc: Hollibaugh, Mike P ; John Molitor Subject: RE: CWIC2 Newsletter - the lakes at towne road III Importance: High Hi, Leo—just a heads up: This has come to light about the subdivision control ordinance waiver request, and whether or not the density is considered a quantitative standard where you could only seek up to a 35%waiver(see ordinance excerpt below). ( and this would mean you would have to lose a few lots. Maybe...) I am also checking with John Molitor about doing any waiver request, since he said something about recent Indiana law not even allowing it!? I will keep you posted... 2 SCO chapter 7.14 Modifications. 7.14.01 The Commission may, after a public hearing; permit the modification of the provisions of this Chapter.. However, in terms of modifying any dimensional requirement (lot area, width, setbacks,etc.),such modification may not be greater than thirty-five percent(35%). 7.14.02 Any approval to permit-such a modification shall be subject to the following criteria: 1. The proposal shall be in harmony with the purposes and the land-use standards contained in this Chapter; 2. The proposal shall enhance the subdivision plan, the central core area, the streetscapes, and the neighborhoods, or at least not be any less desirable than the plan that could be created in conformance with this,Chapter; 3. The proposal shall not produce lots.or street systems that would be impractical or detract from the. appearance of the subdivision plan, and shall not adversely affect emergency vehicle access or deprive adjoining noncommercial properties of adequate light and air. 4. The applicant shall demonstrate that the proposed modifications will produce equal or better results, from the Commission's perspective, and represent the minimum modification.necessary. 7;14.03 If the Commission determines that the applicant has met his/her burden, it may grant a :modification of the requirements of this article. In granting modifications, the Commission may impose such conditions that will, in its judgment, secure the objectives and purposes of this Chapter. -Angie From: Dierckman, Leo (ma ilto Leo.DierckmanOooco cam] Sent: Wednesday, April'11, 2012 9::05.AM To: Conn, Angelina V Subject: FW: CWIC2 Newsletter MMMMM Anderson has the wrong density for Lakes at Hayden Run... unusual for her to error... CWIC2 NEWSLETTER April 10, 201.2 President's Message: The proposed subdivision, located slightly north of the intersection of 13'1'` &Towne Road , is small. Lis just 9.75 acres and is basically an expansion'of the Lakes at Towne Road subdivision, with a street connecting the two. Shoopman is proposing 14 homes on lots larger than those of the abutting neighbors in Lakes at Towne Road . While this doesn't sound that bad, the 1.44 u/a density is higher than the Lakes at Towne Road (1.34 u/a) and Lakes of t Run Ha Glen (1.37 u/a). While the`total number of'extra"homes is y. small, it is a 44% density increase over zoning. Even more worrisome, is the request for a waiver on density. By asking for a waiver, rather than a`rezone,the Plan Commission will make the final decision--this proposal will not go to Council for a hearing! We are very concerned about setting a precedent for developers asking the Plan Commission for this type of waiver in order to circumvent density standards. Obviously, we believe it's important to make lots of noise objecting to this'kind of end run around the density standards,and to try to stop this from becoming the new way to circumvent the Comprehensive:Plan for our area. 3 Conn, Angelina V From: John Molitor,[jrnolitor @prodigy.net] Sent: Wednesday,April'11,2012 3:38 PM To: Conn, Angelina V Subject: Re: Fwd: Lakes at Towne Road Ili waiver,",. See my response to your other message,-just.sent. (I agree with you that "density" is not really a standard like the others-- that's why it should be included in the ZO and not the SCO!) John From Conn, An gelina V <Aconn @carmel.in.gov> To John Molitor' .<jmolitor @,prodigv.net> Sent;Wednesday, April 11, 2012. 3:21 PM Subject: RE: Fwd: Lakes at Towne Road Ill waiver Thanks John.. And what about that 35% max. deviation... does that apply to density too,in SCO chapter 7.14?There is some grey area about that, since.it is not really a standard, such,a lot width, or lot area.... Can the petitioner go ahead with this SCO waiver request in April? -Angie From: John.Molitor tmailto:jmolitor@prodigv.net] Sent:Wednesday; April 11,2012.3:16 PM To: Conn,Angelina V Cc: Hollihaugh,Mike P;Donahue-Wold,Alexia K Subject: Re Fwd:Lakes at Towne Road III waiver Angie-- I would send Rick a copy of the same section (SCO 7.14) which you sent to Leo in the other message. Of course, I think it would also be sensible to apprise Rick that the Plan Commission is working on patch ordinance amendments that would remove the density standards from the subdivision control ordinance and re- insert them in the zoning ordinance.As we discussed last night, passage of the patch ordinance would then eliminate the developer's option to seek a "modification" from the base density standard in the SCO. If the patch ordinance is approved,then a density increase would be available only via a) a rezone (requiring Council approval) or b) a use variance (requiring BZA approval). NOTE: I don't think that the Carmel BZA has ever granted a use variance that included a base density increase. The statutory criteria for approval of a use variance (below) areiextremely'strict..All five of the listed criteria must be met, and a straight density increase probably Wouldn't meet any of the criteria. John IC 36-7-4-918.4 'Board,of zoning appeals; variance of use Sec. 918.4..ADVISORY_METRO. A board of zoning appeals shall approve or deny variances of use from l . Conn, Angelina V From: John Molitor [jrnolitor @prodigy.netl Sent: Wednesday, April 11',,2012 3:36 PM To: Conn, Angelina V Cc: Hollibaugh, Mike P Subject: Re: CWIC2 Newsletter -the lakes at towne road I I I Angie-- As our ordinances now read, the situation is somewhat ambiguous. State law (below) now gives the Plan Commission to power to grant "waivers" from the Subdivision Control Ordinance; before the legislative change that took effect last July, Indiana case law held that no such waivers were permitted. However, in my opinion,since a"modification" under SCO section 7.14 is probably the equivalent of a "waiver", the criteria in section 7.14.02 would probably be applicable to the request(and so would the 3.5% limitation). As I noted in my:response to another message, the Plan Commission is working on a patch ordinance that would address these;issues by re-inserting the density standards in the Zoning Ordinance instead of the SCO. John IC 36-7-4-702 Subdivision control; primary approval of plat;;standards of ordinance; requisites; compliance Sec. 702. (a) In determining whether to grant primary approval of a plat, the plan commission (or plat committee acting on the commission's behalf) shall determine if the plat or subdivision qualifies for primary approval under the standards prescribed by the subdivision control ordinance: (b) The subdivision control ordinance Must specify the standards for determining whether a plat qualifies for primary approval. The ordinance•must include standards for: (1) minimum width, depth, and area of lots in the subdivision; (2)public,way widths, grades, curves, and the coordination of subdivision public ways with current and planned public ways; and (3) the extension of water,sewer, and other municipal services. The ordinance:may also include:standards for the allocation of areas to be used as public ways, parks, schools, public and semipublic buildings,homes, businesses, and utilities, and any other standards related to the purposes of this chapter. (c) The standards fixed in the subdivision control ordinance under subsection (b) may be waived at the discretion of the plan commission (or plat committee acting on the commission's behalf); however, to be approved; the platmust still meet all applicable standards prescribed in the zoning ordinance (other than Standards:inodifi.ed,by variance in;accordance with the 900 series of this chapter). As a condition of granting a waiver under this subsection, the commission or committee may allow or require a commitment to be made under section 10.15 of this chapter. (d)As a condition of primary approval of a plat, the commission or committee may specify: (1) the manner in which public ways shall be laid out, graded, and improved; (2) a provision for water, sewage,•and other utility service ; (3) a provision for lot size, number, and location; (4) a provision for drainage design; and (5) a provision for other services as specified in the.subdivision control ordinance. (e) The subdivision control ordinance may not regulate condominiums regulated by IC 32-25. As added by Acts' 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.6; P.L.2-2002, SEC.109; P.L.126-2011, SEC.17. 'Conn, Angelina V • From: John.Molitor.Umolitor@ prodigy_net] Sent: Wednesday, April 1•1, 20.12 3:16 PM To: Conn, Angelina V Cc: Hollibaugh,,Mike P; Donahue-Wold, Alexia K Subject: Re: Fwd: Lakes at Towne Road 111 waiver • Angie --I would send Rick a copy of the_same section (SCO 7.14) which you sent to Leo in the other message. Of course, I think it would also be sensible to apprise Rick that the Plan Commission is working on patch ordinance amendments that would remove the density standards from the subdivision control ordinance and re- insert them:in the zoning ordinance. As we discussed last night,;passage of the patch ordinance would then eliminate the developer's option to seek a "modification" from the base density standard in the-SCO. If the patch'ordinance is approved, then a density increase would be available only via a) a rezone (requiring Council approval) or b) a use variance (requiring BZA approval). • NOTE: I don't think that the.Carmel BZA has ever granted a use variance that included a base density increase. The statutory criteria for approval of a use variance (below) are„extremely strict. All five of the listed criteria must be met, and a straight density increase probably wouldn't meet any of the criteria. . John IC 36-7-4-918.4 Board of zoning appeals; variance of use Sec. 918.4. ADVISORY.METRO. A board of'zoning appeals shall approve or deny variances of use from the terms of the zoning ordinance. The board may impose reasonable conditions as a part Of its approval. A variance may be approved under this section.only upon a determination in writing that: (1) the apprdval'will not be injurious to the public health, safety, morals,'and general welfare of the community; (2) the:use and value of the.area adjacent to the property included in the variance will not be affected in a substantially adverse manner; (3) the need for the variance arises from some condition peculiar to the property involved; (4) the strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought;and (5) the approval does not interfere substantially with the comprehensive plan adopted under the 500 series of this chapter. As added by P.L.3571983, SEC.13. From: "Conn;Angelina V" <Aconn @carmel.in;gov> To: Mr..John R. Molitor<JMolitor @prodigv.net> Cc: "Hollibaugh, Mike P"<MHollibaugh.@carmel.in.gov>; "Donahue-Wold, Alexia K" <awold @carmel.in.gov> Sent:;Wednesday, April 11, 2012 8:42 AM Subject: Fwd: Lakes at Towne Road'III waiver • wccNer 0 CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE association,or private conservation organization.In addition,the following regulations shall apply: a. Any such=easements for public,use shall'be accessible-to the general public. b. A satisfactory maintenance agreement•shall be reached between the.owner•and the Park Board. • • 6. Non-Common Private_Ownership(Conservancy Lots), Up to fifty'(50)percent of the SOSR may be included within one or more large '''conservancy lots" of at least three (3) acres, provided: a. A maximum of of each lot area may be applied to the SOSR; b. the open space'is•permanentlyrestricted from future development: c. the Director is given the ability to•enforce these restrictions. • 7.13 Maintenance. Unless otherwise agreed to by the Plan Commission,the cost and responsibility of open space land shall be Borne by the property owner, condominium association, homeowners' association, or a conservation organization. • 7.14 Modifications. 7.14.01 The Commission may,after a public hearing,permit the modification of the provisions of this Chapter. However,-in terms'of modifying any dimensional requirement(lot area,width, setbacks,etc.),such modification may not be greater than thirty-five percent(35%). 7.14.02 Any approval to permit such a Modification shall be subject to the following criteria: 1. The proposal shall be in harmony with the,purposes,and the land-use standards contained in this Chapter; 2. The proposal shall enhance the subdivision plan,the central core area,the streetscapes,and the neighbothotds,or at least not be any:l'ess desirable than the:plan-that could be created in conformance with this Chapter; 3. The proposal shall not produce lots or street systems that would be impractical or detract from the appearance of the subdivision plan,and shall not adversely affect emergency vehicle access or deprive adjoining noncommercial properties of adequate light and air. 4. The applicant shall demonstrate that the proposed modifications will produce equal or better results, 'froth the Commission's perspective, and represent the minimum modification • necessary. • 7.14.03 If the Commission determines that the applicant has,met his/her burden,it may grant a modification of the requirements df this article. In granting modifications, the Commission- may impose such conditions thatwill,in its judgment, secure the objectives and,purposes of this:Chapter. Chapter 7: Open Space Standards For Mayor Subdivisions 7-10 as amended per Z-346;Z-458-04;Z-475-05;Z-483-05;Z-516-08 Spring 2008 vi CWIC2 NEWSLETTER April 10, 2012 President's Message: The.proposed subdivision, located slightly north of the intersection of 131"&Towne Road , is small., It is just 9.75 acres and is basically an expansion of the Lakes at Towne Road subdivision, with a street connecting the two Shoopman,is proposing 14 homes on lots larger than those of the abutting neighbors in Lakes at Towne Road. While this doesn't sound that bad, the 1.44 u/a density is higher than the Lakes at Towne Road (1.34 u/a) and Lakes of Hayden Run (1.37 u/a). While the total number of"extra" homes is small, it is a 44% density increase over zoning. Even.More worrisome, is the request for a waiver on density. By asking for a waiver, rather than a.Tezone, the Plan Commission will make the final decision--this proposal will not go to Council for a hearing! We are very concerned about setting a precedent for developers asking the Plan Commission for this type of waiver in order to circumvent density standards. Obviously, we believe it's important to make lots of noise objecting'to this kind of end Arun around the density standards, and to try to stop this from becoming the new way to circumvent the Comprehensive Plan for our area. Please e-mail the Commissioners (rhancock @carmel.in.gov) and attend the hearing. Plan Commission Agenda—April 17, City Hall, 6:00 p.m. Only proposals for West of Sp riiig Mill Road are included below. Please see the City website for a complete listing. H. Public Hearings 1. Docket No. 12020012 PP: The Lakes at Towne Road III. The applicant seeks primary plat approval for 14,lots on 9.6 acres. The applicant also seeks the following Subdivision Control Ordinance waiver request: 2. Docket No. :12020013 SW SCO Chptr 7.01: Base Density The site is located at 13336 Towne Rd. It is zoned S-1/Residence.Filed by Jim Shields of Weihe Engineers, for Indiana Land Development Corp. Marilyn Anderson, President MaryEllen Bormett, Vice-President Dee Fox, Secretary Conn, Angelina V From Conn, Angelina V Sent: Tuesday, April 10, 2012 2:56 PM To: 'mhenrycpa@ind"y.rr.com' Cc: Hancock, Ramona.B; Hollibaugh, Mike P; Donahue-Wold, Alexia K Subject: FW: Proposal at 131st and Towne Road Hello, Marcia and Jim - I will attempt to answer your question. The reason this is not a rezone is because, the way the ordinance is written, the next zoning district up (,S.-2) would permit 2.4 units per acre. . . and this ,proposal is for 1.46 units per acre.. In this case, a waiver makes sense. I.f they followed the 1 u/ac rule, then they could only have 9' 'homes, and with this proposal there are 14 homes. The proposed plat does meet the ordinance's open space requirements. -For a plat in this area, as well as all other zoning ordinance standards for lot size, lot width,,-etc. The .only thing they do not quite meet is the base density of 1 unit per acre.. This was because of a fairly recent change to the subdivision' control, ordina,nce when the density incentive was removed and the caps on density were added. When the other adjacent neighborhoods developed, they got slightly higher densities' (and smaller lots), as long. as they provided. so much open space, and so the end results of density for the. surrounding, neighborhoods are: The. Lakes at Towne Road just to the north of this site has .an overall density of 1.34 units per acre, and The Lakes at Hayden Run just to the west of this proposed neighborhood has a density of 1.56 units per acre. Angie Conn, Planning Administrator City of Carmel Planning & Zoning 'Division Dept.. of Community Services 1 Civic: Square, 3rd Flr. Carmel, IN 46032 0: 317-571-2417 j. F: 317-571-2426 1 E: aconnOcarmel.in.gov W: www.carmeldocs.com Please consider the environment before printing this e-mail -----Original Message---- From: •mhenrycpaOaind:y.rr.com [mailto:.mhenrycpaPindy.rr.com] Sent: Tuesday, April 10, 2012 11:32 AM To.: Hancock, Ramona B Subject: Proposal at 131st and Towne Road • Dear Commissioners, We oppose this -wa'iver of density. Why isn't this a rezone rather than a waiver. 44% density increase over existing zoning is unacceptable. Sincerely, Marcia & Tim Henry 13850 Shelburne Rd. Carmel, IN 1 U`I\ Conn, Angelina;V Cd t °-- From: Hancock, Ramona B Sent: Tuesday, April 10, 2012 9:37 AM To: 'John Adams (Home)'; 'jay Borman'; 'Brad Grabow';'nkrental @aol.com'; 'Joshua Kirsh'; 'indylawson@gmail.com';,Potasnik,Alan; Rider, Kevin D;'Stromquist, Steve'; 'Sue Westermeier; 'Ephraim Wilfong' Cc: Conn,-Angelina V Subject: FW: The Lakes at Towne Road Ill -- Docket No. 12020012 PP -- & 12020013 SW, SCO Chptr 7.01 Base Density Good Morning Commission Members. Please see email below regarding the Lakes at Towne Road Iii Ramona From: kirsten.cdnninghamPhuskers:unl.edu [mailto:kirsten.cunningham@huskers.unl.edu] Sent: Tuesday, April 10, 2012 9:30 AM To: Hancock, Ramona B Subject: Dear Commissioners, As the HOA Treasurer of the Lakes at Towne Road subdivision, I am appealing to you to deny the density waiver request of Indiana Land Development Corp./Shoopman for the Lakes at Towne Road III. The 1.44 u/a density is higher than the Lakes at Towne Road (1.34 u/a) and Lakes of Hayden Run (1.37 u/a). While the total number of"extra"homes is small, it is a 44% density increase over zoning. We are very concerned about setting a precedent for developers asking the Plan Commission for this type of'iwaiver in order to circumvent density standards. We object to this kind of end run around,the density standards, and to try to stop this from becoming the new way to circumvent the Comprehensive Plan for our area. Please thoughtfully consider the impact and implications of your decision. Every homeowner that I have spoken to in our subdivision in against the proposed density. Kirsten Cunningham 2531 Milano Dr. Carmel, IN 46074 720-237-8981 1 Hancock B :From: kirsten.cunningham©huskers.unl.edu Sent: Tuesday,, April 10,2012:9:30 AM To: Hancock, Rafnona.B - I Dear Commissioners, As the HOA Treasurer of the Lakes at Towne.Road subdivision, I am appealing to you to deny the density'waiver request of Indiana Land:Development Corp./Shoopman for the Lakes at Towne Road IIL The 1.44 WO total number of nextras homes.' s small,.tas a 44.% density over zoning.es of Hayden Run (1.3e dab about ettinhe tY higher ( / ) �� We are very concerned about setting a precedent'for developers asking the Plan Commissio •for this.type of:waiver in order to,circumvent density standards. We object to this kind of end runaround the density standards, and to try°to stop this from becoming the new'way to circumvent the Comprehensive'Plan for our area.. • Please thoughtfully.consider the impact and implications of your decision. Every homeowner that I have spoken to in our subdivision in against the proposed density. Kirsten Cunningham ' 2531 Milano Dr. Carmel,IN 46074 720-237-8981 • • • 1 Hanpock,.Ramona B Frcrn: rnheiirycpa @indy:rr.com Sent: Tuesday; April 10, 2012 11:32 AM To: Hancock, Ramona B „ - Subject: Proposal at 131st and Towne Road Deal- ;Cornmissioners,, lisle 'oppose this waiver of density. 'Why isn't this a rezone rather than a waiver. 44% density increase over •existing zoning is unacceptable. Sincerely, Marcia & Jim Henry 13850 Shelborne Rd.. Carmel; IN, • • 1 • • Hancock, Ramona B ; . From: Conn, Angelina V Sent: Tuesday,April 10,2012'2`56 PM To . 'rrih;enrycpa @indy.rr.com' 1 Cc Hancock, Ramona B; Hollibaugh,°Mike'P; Donahue-Vold, Alexia K Subject-: FW: Proposal at 1,31 8tand Towne Road Hello, Marcia and Jim - T' will attempt to answer your question. The reason', this is, not a. rezone is because, the way the ordinance is written, the next zoning. 'district 'up CS-2) would permit 2.4 units per acre. . , and this proposal is for 1.46 units per acre:- In this case:, a waiver makes sense. If they followed the 1. u/ac rule, then they could only have .9 homes, :and with this proposal there are 14. homes. The proposed plat does meet the ordanance''s open space requirements 'for a plat in this area, as; well as all other zoning ordinance standards for lot size., lot width, etc: The only thing they do not quite meet is the .base .density' rof 1 unit per acre.. This, was becaus'e of a fairly recent change to the subdivision control, ordinance when the density incentive was removed and the caps on density were added. ;When the Other adjacent neighborhoods developed, they got slightly higher densities (and smaller lots), as long as they provided so much open space, and so the end results of density `for the surrounding neighborhoods are: The Lakes at Towne Road just to the north of this site has" an overall density of 1.34 units per acre, and The Lakes at Hayden Run'just to the west of this proposed neighborhood has a density of -1.56 units per acre., Angie Conn, Planning Administrator City' of C_arinea. :Planning. & Zoning Division Dept,. of Community Services T Civic Square, .3rd Flr: Carmel, IN` 46032 0: 317-5717,2417 I F. 317-571-2426 E: aconn @car.mel.in..gov W.: www_carme•ldoc5..corn ' Please consider the environment' before printing this ,e-mail Original Message-- From,: mhenrycpa( ndy.rr::com [iniailt'o mhenr ycpa@indy.rr.com] 'Sent: Tuesdayy April 10,, 2012 11:32 AM To: Hancock., Ramona B Subject.: Proposal. at 131s,t and Towne Road Dear Commis'sioners, • We :oppose. this, waiver of density. Why isn't this a rezone rather than a waiver. 44% density -increase over existing zoning is unacceptable. Sincerely., Marcia & Jiff Henry 13850 Shelborne Rd.. 6 Carmel,,i IN • 1 10. pp/ vEyOR°3 Op htpl $ JII � f! ,tal �— �.� a �? c,, E � , Lira �+ fa B f ��ga �e 4* In k_ItF" � 'n ,� .`, �� - , �� 4�. I;� ,j JJ a 'i J �..r�`� .,� n Irl ��`416 r 1 I. „ f ` �. ,, l' t. RUI lill ��,, � ‘`-t-� e ;‘,V, Aga * Xenton C.'Ward, CrFA( Suite 763 Surveyor o ..7-familt County oun I f ry One Nanniton County Square 'Phone(317)7764¢95 Noblesville; Indiana 46060-2230 `Fax (317) 776-9625 • March 23, 2012. ill Weihe,Engineering ATTN: Ed Fleming 10505 North College Avenue Indiaiapolis, IN 46280 VIA E-MAIL: FlemingE(a�weihe.net RE: Lakes at Towne Road Section 3 • Dear Mr. Fleming: We have reviewed the preliminary plat submitted to theI-lamilton County Surveyor's Office on February 21, 2012,for this project and have the following comments: 1. The proposed project falls in the incorporated area and MS4 jurisdiction of the City of Carmel. 2. The proposed project does not fall in a Carmel Wellhead Protection Zone. 3. The proposed project does falls in the J.W. Brendle Regulated Drain Watersheds. 4. The proposed project must comply with the applicable requirements of the Hamilton County:Stormwater Management Technical Standards Manual, along with other requirement of the City of Carmel's manual. 5. This section of.Lakes of Towne Road will need to be petitioned as regulated drain, just like the other'2 sections of the development. 6. Easements for regulated drains need to be 1.51'per half from the center of the drain. 7. The final discharge for this section will need'to be discussed to find the best route to get to part of the J.W. Brendle Drain. ,' i 8. Please submit construction plans and drainage calculations in the future when they become available. Should you have any questions, I can be reached at 317-776-8495. Sincerely, Greg Hoyes, AC, CFM, CPESC Plan Reviewer CC: Angie Conn—Cannel DOGS John Thomas—Cannel Engineering Dave Barnes—Carmel Engineering Greg Ilko—Crossroad Engineers , ,alf//////O�i� . ' - w(! M) �v ,a� i �� =-----;•,--_,07. i �i1 i�l March 14,2012 . Mr.Ed Fleming . Weihe Engineers 10505„College Ave Indianapolis,,IN 46280 '' RE:Lakes at Towne Rd"Ill Dear°Mr.Fleming: The following letter represents•commments for this project specifically addressing the area of alternative transportation. I have:reviewed the drawings submitted for the March 21,2012 Technical Advisory Committee meeting and offer the following comments: . 1 ALTERNATIVE TRANSPORTATION'REVIEW COMMENTS 1) Please indicate ADA compliant handicap ramps and crossings at all crosswalks. We request that all responses to our comments be provided in writing Failure to provide written responses may result in delay of the review process. It is critical that this office be made aware of all modification made on the plans being re-submitted,particularly if any such changes are considered"new"or fall outside of our previous rev ews.Please provide revised plans indicating all revisions_ Please notify us of any changes and,specifically state any changes,including changes resulting from Plan Commission,Special Studies or other committee Meetings. The Department of Community Services reserves the right to provide additional comments based on subsequent i. reviews. If you have questions,please contact me at 571-2417 Sincerely; . David Littlejohn Alternative Transportation Coordinator Department.of Community Services cc: Angie Conn,Department_6f Community Services 1 Engineering Department Review Project File I 2 1 Page 1 ONE CIVIC SQUARE. CARMEL,INDIANA 46032 317/571-2417 Conn, Angelina,V • From: Mindham, Daren • Sent: Tuesday, March.06, 2012 11:52 AM • To: 'Shields)@weihe.net' .I' Cc: Conn, Angelina V Subject: Lakes at Towne Road III - Landscape Plan Attachments:: TownLakes2 24-1'2.pdf; Exhibit A.pdf; Exhibit B p.df; Tr •edetail'=Carmel.pdf; Evergreendetail- Carmel.pdf; Shrubdetail-Carrnel.pdf; Tree,LPreservation Detail pdf Jim, The following email represents,comments for this project speciifically,ad dr.essing the area of landscaping. I offer the following comments: . URBAN FORESTRY REVIEW COMMENTS The following shall be submitted for the Primary Plat: see Ch 7 Open Space http://www.ca rmel.in.gov/index.aspx?page=41&parent=256' 1) According to Ch7.03, an Open Space Schedule noting the Open Space Categories used and the acreage of each. Use Exhibit A 2) According to Ch7.04.07, an Open'Space Conservation Plan shall be submitted.See Exhibit B (Please note 7.05.07) 3) According to Ch7.07,a Woodland Evaluation Reportshall be submitted with the Open Space Conservation Plan. The following shall be submitted for the Secondary Plat-and are initial review comments for the submitted landscape plan: 1) Street Trees are required per the Carmel Clay Comprehensive Plan. •2) Tree planting details will need to be shown. I have attached our standards for your use. 3) A tree preservation detail will need to be shown. I haveattached our standards for your use. 4) I see existing trees shown on the plan, but only existin gi';trees that are to be preserved should be shown onthe landscape plan. It seems that some of these areas will have construction done. li Please illustrate how these comments will be addressed by letter or revised plan. If you have any questions, feel free to contact me. Thanks. Sincerely, Daren Mindham 'I Urban Forester City of Carmel Department of Community Services 1 One Civic Square Carmel, Indiana 46032 Office: 317-571-2283 From: Jim Shields [mailto:Shields3©weihe.net] Sent: Friday, February 24, 2012 4:39 PM To: Mindham, Daren Cc: Conn, Angelina V; Ed Fleming; Forwarding E-mail, Dierckman, Leo; Melissa Duncan (mduncanOshoopmanhomes:com) Subject: Lakes at Towne Road III - Landscape Plan Daren, Please find attached copy of the primary plat landscape plan for your review and comment. We will be sending a paper copy with the additional information required for primary-plat filing on Monday. Please feel free to contact us should you have any questions. • I Ste'•.. . }-1 "ME9." Rift/ '8a" t' _;f/& p*f'fn. James E. Shields,P.E. Director,Residential Development Weihe Engineers,Inc. 10505 N.College Avenue Indianapolis,Indiana 46280 317 1 846-6611 800 1 452-6408 317 1 843 -0546 fax 317 1 627-7338 cell weihe.net This message and any files transmitted with it are confidential,may contain privileged information which is intended solely for the receipt,use and benefit of the intended recipient of this email.If you are not the intended recipient,be advised that dissemination,distribution,printing or copying of this message is strictly prohibited and may result in legal liability on your behalf.If you receive this message in error,or are not the named recipient,please notify the sender at either the email address or telephone number above and delete this email from your computer.Thank you. • 2 �q '4:44:.41'. .Rs?3.�5'twT+.ult' n • .;. . '1t - aim • lmeepta s it , • C ` 'II� ;s . `' `. ErL . . February 2 i 9;2012 :JAVIES .BRAINARD : MAYOR Mr Edward-E. Fleming WeiheEngineers 0505'.North:College Avenue • i; Indianapolis,'iN 46280 RE:; The Lakes at Towne Road,,Section 3-P'roject'Review-#1 Dear Mr. Fleming: ' h, • The City received your,primary plat,on February 28,;2012' The project is scheduled for review at the March 21,2012'Techi ical Advisory Committee meeting. We:offer the following comments: GENERAL INFORMATION! 14 I:. These comments represent.the:Department.of Engineering's first'review of the primary plat ' plans forthis.project. 2. We request thatallresponses to our comments he provided in writing and be accompanied by a drawing'retlecting the'requested,;revisions. .Failure to provide written responses_may.resuit in Lthcclelay,ofthe review process. 3. It is critical that this office be made.aware'of all'.iodtfcattotis.made on the'plans being,re-. submitted,p'trticularl> if any such changestai•e considered"new"or fall outside of our • previous reviews:'Please'provide revised plans including all:revisions: Please notify us of any-changes'and-specifically state any changes,including-changes'resulting.floin Plan Commission,BZA or other committee meetings 4. We'have engaged,Crossroad Engineers,'PC to review�all.drainage plans,and drainage calculations submitted°to this office for review. •ifkyou'have not:already done-So;please provide:a set of drainage=plans'and calculations':to,;their office-1M'review: We will share 'Crossroad's coinments" as they are received. • °i 5. Final drawings•will not:.be=;approved for'construction until: g ing�Department and=Utility Department and Hamilton County Surveyor. a. All Engineering sneer issues have been resolyed.' �'� b. All bonds and performance guarantees are;postedu c. All Board blic Works and'Safety approvals and any other.governing'agency • approvals(ifrequired)are obtained: d. All off-site'easements necessary to install-utilities to.serve the,develop-metit:are secured. e. SWPPP'is approved. ' f. All'fees are.:paid . `• ; The'Department''reserves;the right to provide"additional;:comments based;,upon subsequent • reviews. .� • An approved Storm Water Management Permit s required prior to-commencing(any::earth .. ' disturbin'g activity. Please contact Mr._John Thon as regarding storm water quality ements . � requir I 8. Amapproved right-of-way'pennit is required priorlto commencing anyWork in the public right of-way'and;for construction equipment access from`the City's right-of way: 9: if it Will-be e:necessaryto relocate existing"iiti litiesthe costs for such_relocation shall.be'borne • solely',by the.developer An utility poles requiring relocation shall,be;relocated to within P q one fpotof-the:outside'edge'of the. ro osed right of way. >; P P : 10. The De arttnentle uiresthat the construction drawings be developed ntaccordatice with the (' City of Carmel digital submission standards and thatall-required.submittas for primary plat, DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE,,.CAR,MEL, IN 46032 UFF1cE.317.571:244.1 FIO 317571.2439 .EMAIL engineering @carnnel:in.gov r i Mr. Edward E. Fleming February 21,2012 RE: The Lakes at Towne Road,Section 3-Project Review#t 1 Page 2 of 5 secondary plat,and:construction drawings;be:made. The digital files must be submitted to the Department of Engineeringprior to the approval of the construction plans. Please contact the City GIS Department for the requirements. 11. Thoroughfare;Plan Compliance:' Section 2.09 of Chapter 2, Article;l.of Chapter 10 of the Cannel City.Code requires that all projects and Improvements or,authorizations under,the jurisdiction.of the zoning ordinance that adjoin,include,are:served by or affect existing streets bearing a designation on the Thoroughfare Plan shall conform to the:requirements,of-the Thoroughfare Plan in-regards to (1)the dedication of public Rights-of-way;(2).design and construction.of the improvements indicated by:the Thoroughfare:Plan across the'"roadway`frontage of the project;(3)Setback; and(4)any other affected developinentstandards.Section:2.09 further states-that the petitioner may elect to provide:a monetary commitment to the value to otherwise design and construct the improvements indicated by the Thoroughfare Plan across the roadway frontage:The value Of the commitment shall be equal to the difference in the value to otherwise design and construct the improvements indicated by the Thoroughfare,Plan across the roadway frontage,minus the:costto design and construct those improvements• • indicated by the Thoroughfare Plan across:the roadway frontage that will be installed'by the petitioner.The values established aboveshall be approved by the department of Engineering. Section.2.09 further states that conformance with the Thoroughfare Plan as outlined above shall be in addition to any improvements deenm'ed necessary by:(1)Chapter 5,.Sections. 5.03.05:and'5.05:02(3);:(2)'Statements per Chapter 24,Section 24'.02(B)(5)(e);arid(3)Other applicable Standards. 12. Jurisdictions: a. The project site is located within current City of Carmel Corporate Limits: b. Perimeter Street and Right-of-Way—.City of Carmel(Towne Road) c. Water—City of Carmel Utilities d. Sanitary Sewers—City of'Car,mel Utilities e. Storm Sewers/Drainage—City ofCarinel. f Legal Drains—Hamilton County.Surveyor's'Office. 13. Drawings submitted for approval: a. The design engineer must certify.all drawings submitted for final approval. b. This office will require 9 sets of drawings.for approval after al]'issues have been resolved. The drawings:will be stamped'as approved and signed bythe City'Engineer and;by Cannel Utilities. The.Owner will receive 3'sets,:one:of which must be maintained on the construction site at all times. If this project is subject to:review and approval by the.Hamilton County Surveyor's:Ofce,a total`of 11 sets will be required•for final approval. 14. Carmel Utilities will provide-separate reviews of.this project for water issues. Please assure that copies Of all drawings are sent to: Paul Pace Paul Arnone Carmel Utilities Distribution Cannel Utilities Collection 3450 West 131'Street 901 North Range Line Road Westfield, IN 46074 Carmel, IN 40032 15. Cannel Utilities subscribes.to"Briley MOley"who should be contacted directly.forall water' main locations. 16. The following'items will be sent electronically upon request regarding this correspondence and,project: a. Project ApprovaiChecklist b.- 'Performance/Maintenance Guarantees c. Utility Jurisdictions/Right Of Way Permits d. Availability(acreage)Fees BOARD OP_PUBLIC WORKS AND SAFETY • • Mr:Edward.E. Fleiiiing • ' February 2;t,-2012 RE: The,Lakes at`TO ime:Road;Section,3-Project:Review'#.1 • Page:3 of 5' 17: • -A,scliedule for Board of:Public Werks'and.Safety meetingdates:and agenda;deadlines,will`be sent electronically for-your use upon'-request. Please use'the'Engineering Department deadlines for-submissions to theBoard. • 1-'8t Any submission to the Board requires priorapprovai.bythe:Carmel Clay Plan Commission'add/or-the,Board';-o(Zoning Appeals(if'applicable)and completion of review bytheTechnical,Advisory Committee.. All written:requests ao be placed on the Board's agenda mustinclude:,the;appropriate;Doeket.N.umber and-the.date'(or dates)of approval by the;;.Plai�`Commiiission,and%or the:Board of--Zoning Appeals-(if:applicable).. Water Availability arid Sanitary:,Sewer_approval;from the Board`will be required. This"is an EDU approval based upon•the proposeduse of the-site.. Reference items#33`tb-.#35'below for additional detailsleXplanations Please notethat,if'an entryway-or•other irrigation 'systeni,is planned for fhisdevelopnient,additional Water Availability Approvalfrom the Board will be required and,additional,Water<ConnectionFees will beassessed based upon;thesize:and usage of th e,system,as determined by the-Director;of Carmel Utilities. 20'.: Commercial.Curb,Cut 4pproval. Please pro 'ide;8%z v'1`.1,exhibits with the•request for 'approval: Provide all°p&tinent'information including lane widths,overall width,:radii,'lane • markings, location of:opposing"drives or-streets,relation hip•td.the;`l-ocation of firevious curb cut,etc., 2;1_. Temporary Construction Entrance-Approval. Itappears the.p1aniied construction entrance is located at;the';site o.fa„p'ermanent'curb cut planned on Towne.Road. 'Therefore,a..separate - •,approval.;fronrthe Board;.will'nothe required. 22. The installation of any permanent,privately owned and/or maintained improvement(signs, :decorative stceet'signs,walls,streetlight's,etc.);within"de iicated:riglit-of way or dedicated . easeiiients'requires the;eiecution of'a.Consenf{toEncroach Agreeitient between the!Owner •and the-City of Carmel.=Such-agreements are executed.'by the Board of Public'Works and -Safety 'The City.Engineer may approve irrigation 'system agreements. 23. .Secondary Plat'approval if applicable. All performance guarantees inustbe,posted,priorto. submission ofsecondaryplats for Bard•ofPublicaWorks'and,Safety approval: 24: Dedication:ofright of-wayifnot:platted. This.is basedr upon the:City ofCarmel 20-Year Thoroughfare•:Plan:requirements: Dedication documents°are;available;upon request. Please be advised that all Right=of-,Way'Dedications must be accompanied,by a Sales Disclosure Agreement completed by the oavner;for,Thepioperty°being dedicated to the City. The dedicationadocumentcannot'be-recorded wit}rout:a;completedSSales'Disclosure. The form is available upon request. - 25: A ny,bpen pavement cutsof,City rig ht�of-way.will require Carmel Board:or Public.Works and Safety,approval: • BONDING REQUIREMENTS, 26. Pleaseccontact Mr. Dave Barnes to-review performance guarantee requirements.. Please contact Mr.John.Duffy:h review water-and sanitary,sewer,bondi ig-requii-ements. 27. The amount of the Performance Guarantee is:based upon'a9 certified Engineer's Estimatey.for 100%,df'the,costoflaborand materials-to con struct-the:'individual.improvements,to be providedby the-design^engineer. Please provide detailed:Engineer's Estimates for each improvement'includingquantities,:unit,costs,.pipesizes,:and materials,etc. :28.• Upon completion-and releaseofandividual Performance''Guarantees,a three-year Maintenance>Guarantee•will be required comments above): The Maintenance Guarantee amount:is based upon.l`56,?6 Of the Performance ainoimtfor Streets • and Curbs and l 0%Of the Performance<amount-:for all other improvements_ 29,: Perfor manceGuaranfees may be Performance.orSubdivision Bonds oriIrrevocable Letters of • Credit.- 30. Pleasereferencethe available enclosures for•more detailed explanation ofour procedures. RIGHT OFWAY PERMIT AND BONDING • Mr. Edward E. Fleming February 21,2012 RE: The Lakes at Towne Road,Section 3-Project Review#1 Page 4 of 5 31. Any work in the dedicated right-of-way will require an approved Right-of-Way Permit and a License&.Permit.Bond. 32. The bond;amount is determined by our Right-of-Way Manager. However,=ifthe work is included-in the scope of work of a,required and posted Performance:Guarantee,the. Performance Guarantee may be used,to:satisfy the bond require vents ofthe,Right-of-Way Permit: 33. Please contact our Right-of°Way Manager, Fred Glaser,to arrange-right-of-way:permitting and`,bonding. AVAILABILITY AND.CONNECTION FEES 34. We defer to.Cannel Utilities regarding this issue: 35. If an entryway or•overall.site irrigation system is planned for this development, additional:Water Connection,;Fees-will be assessed based upon the size and usage of the. system;and upon the recommendations of the Director of Carmel Utilities. 36. These fees are required to be paid prior,to final approval of construction plans by Engineering and prior to issuance of building permits by Building Codes Services. Please confine these fees and calculations with Carmel Utilities. CONSTRUCTION DRAWING REVIEW'COMMENTS 37. General Comnients. a. This project is subject to the,City's Storm Water Management and Storm Water Quality Ordinances. b. Please add the following note to the drawings "IF IT WILL BE NECESSARY TO RELOCATE EXISTING:UTILITIES,THE EXPENSE OF SUCH-RELOCATiON SHALL BE THE RESPONSIBILITY OF THE DEVELOPER., ALL UTILITY POLES SHALL BE LOCATED WITHIN ONE FOOT OF THE PROPOSED RIGHT-OF- WAY." 38. Please confirm that all existing easements for entire-tract are indicated on the;prima y plat. 39. A monument marking was not indicated on the plans for the SE corner of the property. 40. Adjacent landowners were not shown on the plat.: 41. Please stamp the plans Approval Pending-Not for Construction". 42. Please:provide the requisite:storin water/drainageinformationrequired by Section 102.05 of th&Storm Water Technical Standards Manual, including,but not limited to a. Indicate on primary plat the approximate sine of storm sewers planned. . b. Show typical cross sections for swales. c. If subsurface drains are planned,show locations,connections to storm sewers,and any other outlets:. All sales on site must have sub-surface pipe installed. Pipe.to.conform to requirements of Storm;Water Technical Standards Manual and shall be double wall, Hi -Q pipe or equivalent. d. Indicate flood routing. e. Provide minimum flood protection:grades. f. Provide the 100 year elevation.of the pond. g. Indicate the 2 planned stormwater quality.-features including sizes, locations,and easements. h. Provide Crossroad Engineers with.•the Pre-Developed Drainage Report, Post Developed Drainage Report;and.a Summary Report per the Storm Water Technical Standards Manual Section 102.05. 43. All storm sewers shall be contained within a minimum 30 feet width drainage easement. 44. Rear yard swales°shall be contained within a minimum'.30,feet width drainage easement. 45. The maximum length for rear and side lot swales shall not exceed 300.feet before reaching an inlet. • Mr.,Edward E. Fleming. February?1; RE: The Lakes at Towne Road, Section 3 Project Review #1: Page 5 of 5 46. Detention ponds;shall'be separated fromroad4right-of-way by no less:than'50,feet,measured fiom,the.top of bank and from any building or[st_r``ucture by no less than 25 feet,measured from the 100.year elevation.. The current outlet,for the detention pond is„sho ti-as'corinecting to the Brendle Drain. How long of a pipe-extension is this' 'Please confirm that thisisrpossible with the ex isting Toume Road'improvements: 48: Thc.'`Typical:Section-Local;Street”detail shal].;read."Pipe underdrain shall be City standard". 49. C Please include the ity standard curb detail. 50. Please showthe existing Towne'Road'linprovements: 51 Please indicate;in the median;;a"northbound lets turn laneand taper'that,conforms'to City standards. 52: Please label the dimensions;of the southbound-auxiliary lanes: Auxiliary lanes will need to be Completely curbed. "Curb inlets will,need to be'moved within thelim'its ofthe auxiliary lanes; Normalcrown shall extend into auxiliary lanes. 53, If you have:questions,please contactme,at 571-2441. Sincerely, Gary R., cal, ,.P.E. Assistant City Engineer Department-of Engineering • cc: A gelina:Conn, Department-of Community Services John Duffy,:Carniel'Utilities, 1 Paul Pace, Cannel Utilities_ Paul Arnone,CarmelUtilities Greg Hoyes,.Hamiltori.COUnty Sui-veyor's:Office Greg]lko,Crossroad Engineers,'PC issvrappskuser data tz tshared115111LL\PROJREV I2VT1-1ELAKE SATTOWNEROAD.REV#I • I f HLWEIHR . • EN ,GIN' EERS • • EaTd urvcy€nq;;Glvil'Engtreerinq • . Laridscape.ArchiteOurti 13 rtrrrtr;"" TRANSMITTAL • TO: •• Carmel.Engineering Dept-Stormwater Project: The Lakes at Towne Road III One Civic Square; 1st Fl - Job#: W120014 ' - Carmel,'IN 46032 Phone: .317-571.-2441 Attn:- Anianda;Foley - Fax: 317-571-2439 ' Date: February 27, 2012 Re: TAG Re=Submittal. We-are sending you Attached❑'Jnder.'separate cOver via Delivered the following'items: ❑ Shop Drawings ❑Prints Copy of Letter • ,❑ Product,Data ❑Specifications ❑,Meeting.Minutes EJ Samples [' Change Order(s) ❑ Inspection Report ❑ ❑ Sketches/Drawings ❑Application(s)for Payment• • • ❑ Sets Document Document Description Copies, Date. Number 1 Primary Plat (Revised) I Preliminary Drainage Calcs, These are transmitted as indicated'below: ❑ Approved ❑IFor Your Review or Use ❑Approv.,ed as Noted E for Your Review&'Comment ❑Not Approved,Revise and Resubmit ❑As Requested ❑Action Not Required' ❑For Your Records ❑Action,Indicated on Item Transmitted' ❑ For Your Approval For Signature:: Return Copies to Us El Remarks ,Please call with any questions. Thank;you. By: Edward E. Fleming ce: • .1.0505N,(:oll ge Avenue Indianapolis.IN,46280 weihe.net t 317 1 546.-6611 500,;452—'6408 v Fun.317 843'-0546 Allan H.Weihe,PE.,I.S.,•-President WEIE ENGINEERS Land Surveying",. ` t EdoLrieer ng Build with c nfidetree"" TRANSMITTAL To: Carmel Engineering Dept. Project The Lakes at Towne Road III One Civic Square, 1m Floor Job#: WI20014 Carmel, IN. 46032 Phone: 317-571-2441 Attn: Gary Duncan/Nick Redden Fax 317Z71-2439 Date: February 27, 2012 Re: TAC Re-Submittal We are sending you Z Attached ❑Under separate cover via Delivered the following items: ❑ Shop Drawings ❑ Prints ❑ Copy of Letter ❑Product Data ❑ Specifications ❑ Meeting Minutes ❑ Samples ❑ Change Order(s) ❑ Inspection Report ❑ ❑ Sketches/Drawings ❑Application(s)for Payment ❑'Sets Document Document Description Z Copies Date Number 1 Primary Plat (Revised) 1 Preliminary Drainage Calcs These,are transmitted as indicated below: �: ❑Approved ❑ For Your Review or Use °-•! .R C ['Approved as Noted ®For Your Review& Comment ❑Not Approved,Revise and Resubmit 0 A Requested /7 Action Not Required ❑ For Your Records �' v ❑Action Indicated on Item Transmitted [' For Your Approval ❑ For Signature. Return Copies to Us ❑ Remarks: Pleaise call with any questions. Thank you. 1 By: Edward El Fleming cc: , 10505 N.CvlCgeAvenue Indianapolis IN 46280 «cihe.net 31, 846--6611 800 452-6408 i Fax:317 843-0546 Allan H.Weihc,Y.E.,I .--I'residcnt 1 • ENGINEERS. • . Lani 5;tir',./4,ini I Civil • • - • • Buil(I it<h e•.' e • .• .1TRANSMITTAL • To: Clay Township Regional Waste.Dittrict: Project The Lakes at Towne Road'III • 10701 N..College Avenue, SUite A Job#: W1.20014 ' • • Indianapolis, Indiana:46280 '• " 'Phone: 317-844-9200 • Atm: Ryan Hartman _ . Fax 317-844-9203.. • Date: February 27, 2012 . Re: TAC Re-Submittal We aresendinj you El Attached ID Under separate cover via.Delivered the following items: aShop Drawirigs ,E1 Prints 0 Copy of Letter E'Product Data E,Specifications 0 Meeting Minutes E Samples Change Order(s) 0 Inspection Report • E,Sketches/Drawings Application(s)for Payment 1 0 Sets Document Document Description E Copies Date Ntitrilier 1 Primary Plat-(ReVised) • • These are transmitted as,indicated bëlow Approved For Your Review or Use Approved as Noted For Your Review&Comment El Not Approved,Revise and Resubthit 0,As Requested Action NOt Required 0'For Your Records _ 0 Action Indicated on Item Transmitted For.Your-Approval . 0 0 For Signature. Return Copies to Us RetUarks: If you have any questions,please contact me. Thank,You By: Edward El: Fleming ,cc: File 10505 N College Aetht i InOianapofts.IN 46-280 1 v‘,citie net 317 I 846-,6613 500-452 - 6408 Fax:31,7; 843- 0546 Wale,l'F.I S i?tesjilynt • • II WEIHE • • -•• • - • • •EN 0 I,NE ER S . Land•Survaying C Ery.;:iineeting . • • • • nds.:81.3a „ . grzt TRANSMITTAL " To: Hamilton CountySurveyor'S Office • Project The Lakes at Towne Road III , • One HamiltOn'SqUaire,'$uite 188.. • . 'Job#: WI 20014 • • • • • Noblesville; IN 46060 . • ' • - Phone:' • 317j76-8495 • • . • Aim : Greg Noyes - . Fthc • 31'717769628 ." . Date: February 27, 2012 TAC Re-Submittal We are sending you Z Attached El Underseparate cover via USPS the following items: O Shop Drawings El hints: 0 Copy of Letter • El Product Data El Specifications El Meeting Minutes • Sainples J El Change Order(s) Inspection Report O 0 Sketches/Drawings Application(s)for Payment 0 Sets Document Document Description 3 Copies -Date Number 1 Primary Plat (Revised): Preliminary Drainage Calcs These are transmitted as indicated below: El Approved LI For Your Review or Use Approved as Noted For Your Review.&'Comment - Not Approved,Revise and Resubmit I]As Requested O Action Not Required LI For Your Records O Action:Indic lated on Item Transmitted El:For Your Approval • El ForSignature. Return Copies to Us 0„ Remarks: Pledse call with any questions. Thank you. By,: Edward E Fleming 10505.N.College.Avenue Idiiiajolis IN.46280 weilic Del 3171.X46 60,1i Np()j 452—6408 Fax:317 843 0541 Allan H. PL, 5. i'l'esidenl • • NNE WFIHE E N G NEER8 . • • - Land Surveyingi CMI Engineering . - • , ' B el i eih c o, fidetice • 'TRANSMITTAL To: Dept, oftommunity Services (DOCS) PrOject: The Lakes at Towne Road III • One.Civic'Square,-3rd'Fir ' Job#: . 10/110014 • - „ - Cannel' IN 46032 • Phone: 317-57.1,240 • • . _• 7 Attn Angie Conn " ' Fax: 317,571- 426 Date: Febniary 27, 2012 Re: TAC Re-Submittal We aresending-you Z Attached DUnder separate cover via Delivered the following items: .Shop Drawings 0,Copy-of Letter Product Data Specifications Meeting Minutes El Samples Change Order(s) III:Inspection Report 0 sketehes/Drawings Application(s)for Payment Lii Sets Document . Document Description [ZI Copies Date Number 2 Primary Plat (Revised) 1 Comment',reply letter 1 Copies ofTransrnittalS to TAC Members Theseare transmitted,asindicated below: Approved El.For Your Review or Use [II Approved as,NOted [Z]Tor Your Review Comment El Not Approved',Revise and Resubmit El As Requested Action Not Required El For Your Records LI Action Indicated on Item Transmitted DiFor Your Approval. For Signature. Return Copies to Us Remarks: Plealse call with any questions. Thank you. By: Edward El Fleming cc: 10505 N.Culkge AN enuc 111,11ml:11)011s.IN 46280 I weilleInet 317 I 51S- 6611 800 452 6408 fax:-3 17 843 0546 Allan H Wale,IF.,l..S - 1,remilen1 LII WEII IE ENGINEERS February 27, 2012 Ms. Angie Conn FF6 J �� City of Carmel Planning& Zoning Dept. ` > Q One Civic Square, 3rd Floor 4.4-14% Carmel, IN 46032 Phone: (317) 571-2417 RE: The Lakes at Towne Road III—Primary Plat Dear Ms. Angie Conn: This letter is in response to your Plan Review Comments via email dated February 23, 2012 for the above referenced project. We have prepared the following responses to the comments listed below. REVIEW COMMENTS • 1. Comment: Please provide copies of your correspondence with the TAC members and their correspondence with you. Response: Copies were mailed to all TAC Members on February 17, 2012 7. Comment: Please verify with the City Engineering Dept. that the half road right of way of Towne Rd. is still 70 ft. Response: We will verify this with Engineering. 8. Comment: Please add a legend to the primary plat, and include in that legend the icons for the sewer, water,fire hydrant, etc. Response: A Legend has been added to the plan 9. Comment: Please add a floodplain statement to the plat Response: A floodplain statement has been added. 10. Comment: Please provide a preliminary Landscape Plan to the Forestry Dept. and to the Planning Dept.,ASAP. Response: A landscape plan has been provided to Darren Mindham. • I ■ IWE11E The Lakes at Towne Road III February 27,2012. ENGINEERS Page2of2 11. Comment: Please submit a SWPPP Plan,Erosion Plan Response: Notes about Disturbed Areas and Post Construction BMP's Have been added to the plan and calculations. 13. Comment: Please label the widths of Lots 7&8 at the front building setback line Response: Lots 7 & 8 have been dimensioned at building line. . 14. Comment: • On the plat,please make reference to Zoning Ordinance chapter 5 for • the side and rear yard setbacks Response: A note has been added referring to chapters 5 as requested. 15. Comment: On the plat,please make reference to Zoning Ordinance Chapter 25 for accessory structure setbacks/regulations. Response: A note has been added referring to chapters 25 as requested. 17. Comment: Please provide copies ofyour correspondence with the TAC members and their correspondence with you. Response: Copies of the transmittals have been enclosed Should you have any further questions or requests for additional information pertaining to this project review, please contact me at 317-846-6611. Sincerely, 162/640.'eLd Edward E. Fleming Project Manager i_' , _, H:\20I2\W 120014\Engineering\admin\Comments\DOCS 12eply.doc • • Conn, Angelina V -« 5 Pi Sr-eC 1 * 2 From: Conn, Angelina V Sent: Friday, February 24, 2012 10:02 AM To: 'Dierckman, Leo' Subject: RE:what's the per unit density of the lakes project to the north? thanks for the insight. • Section 2 is'1.36,units/acres, and section 1 is 1.32 units per acre. Both sections 1 and 2 together are 54 lots on 40.395 acres, fort1:34 units per acre.' -Angie From: Dierckman, Leo [mailto:ILeo.'Dierckman@opco.com] Sent: Thursday, February 23, 2012 4:46-PM To ,Conn,,Angelina.V . Subject: whats'the per unit density of the lakes project to the,north?thanks for the insight. Leo J. Dierckman Senior Director Portfolio Manager Oppenheimer investment Management.LLC 630 W. Carmel Drive,:Suite 250 Carmel, IN 46032 P: (317) 843-3603 C: (317)'379-6400 F: (317) 843-3699 w,ww.oppenheimerim.com This conlniunication,and any attached files may contain information that is confidential or privileged.If this communication has been received in error,please delete or destroy it-immediately.Please go to www.opeo.com/EmailDisclosures • • • 1 Conn,,Angelina From: Conn, Angelina V Sent: Thursday;,February 23, 20.12 1:57 PM To: ',Dierckman:Leo' Cc: 'Jim Shields'; 'Paul Shooprnan (on behalf of)'; 'Ed Fleming' Subject: Review Comments for Docket Nos. 12020012 PP/12020013 SW, The Lakes at Towne Road III Attachments: RESIDENTIAL;ARCHITECTURE DESIGN STANDARDS VER 2.pdf Good afternoon, Leo- Please,reply to each of the review comments for the primary plat&waiver applications via email or letter correspondence by April 2. Additional review comments might be voiced at the March 21 TAC meeting.Thank you. Preliminary Planning/Zoning Dept.review comments: 7 Please submit plans to all TAC members ASAP.Any further delay,could result in the tabling of this item to the April 18 TAC meeting and May 15 Plan Commission meeting.(Also,please provide DOCS with copies of your Letters of Transmittal). Provide a filled out Waiver Application for docket no. 12020013 (which can be found within the Primary Plat • . Application.) 0 Provide the filled out and notarized affidavit of notice of public hearing page of the application. 4 Provide the filled out Notice ofPublic Hearing page of the application. Provide the filled out and notarized Public Notice Sign Placement affidavit page of the application , clip Provide a;copy of the Official List of Adjacent Property Owners from Hamilton County Auditor's Office. °lease verify with the City:Engineering;Dept.that the half road right of way of Towne Rd.is still 70-ft. Please:add a legend to the primary plat, and include in that legend the icons for the sewer, water,fire hydrant, etc. Please add a floodplain statement to the plat. '9:�Please provide a preliminary Landscape Plan to the Forestry Dept.and to the Planning Dept.,ASAP. 14_Please submit.a SWPPP Plan, Erosion Plan. lease subh it details about the signage location, dimensions,materials,etc. Please label the widths of Lots 7&8 at the front building setback line. '14,On the plat,please make reference to Zoning Ordinance chapter 5 for the side and rear yard setbacks. On the plat,please make reference to Zoning Ordinance Chapter 25 for accessory structure setbacks/regulations. 40 he Plan Commission may ask that you commit to the attached arc_hitectural guidelines;please look these guidelines over. Please provide copies of your correspondence with the TAC members and their correspondence With you. 18. •emember to include the Findings of Fact sheet in your informational packets to the Plan Commission.This orm can be found within the Primary Plat application. Thank you, Angie.Conn,Planning Administrator City of Carmel Planning &Zoning Division Dept. of'Community.Services 1 Civic Square, 3rd Fir: Carmel, IN 46032 ` 1 a Q r, .it Nir� Carmel pi Il�Q' De parimen Yx n armel, Inhi na-46032 X567 8 s 0� P F�c tEk A February 22, 2012 � � IVir. Edward E. Fleming o/6 9 L 9 9 Weihe Engineers, INC. 10505 N. College.Avenue Indianapolis, IN 46280 RE: The Lakes at Towne Road III Job #: W120014 Dear Mr. Fleming: Information for the above mentioned project has been received and reviewed. At the present time, I see nothing in the plans that would hamper law enforcement efforts. If we can be of any further assistance to you, please contact us. Respectfully, Tim thy J. Green Chief of Police TJG:vb cc: Dept. of Community Services r (317)571-2500 . A Nationally Accredited Law Enforcement Agency Fax(317)571-2512 - 2i — i2 • DECLARATION OF . COVENANTS, CONDITIONS AND RESTRICTIONS OF THE LAKES AT TOWNE ROAD III THIS DECLARATION, made,on the_ day of , 2012,by ;an Indiana limited liability company,("Declarant"), WITNESSETH: WHEREAS, Declarant is the owner of certain-real estate, located in Hamilton County, Indiana, which is more particularly described in Exhibit "A" (hereafter "Property") attached hereto and by this reference made a part hereof, upon which ' Declarant intends-to develop a residential subdivision. NOW,THEREFORE,Declarant hereby declares that all the Property shall be held, occupied, sold and conveyed, subject to the following easements,restrictions, limitations; covenants and conditions, which are for the purpose of protecting the value and desirability of and which shall rim with the Property and be binding on all parties having any right, title or interest in the Property, or any part thereof, their heirs, successors,and assigns, and'shall inure to the benefits of each owner thereof. ARTICLE I Name The subdivision of the Property created by this Declaration shall be known and designated as The Lakes:at Towne Road III(hereafter"Subdivision"). ARTICLE.II Definitions The following-terms, when used throughout this Declaration, shall have the following.meanings and,definitions: Section 2.1 "Articles"means the Articles of Incorporation of the Association (as hereinafter defined) filed, or to be;filed, with the Office of the Secretary of State of Indiana, as the same are or hereafter may be amended from time:to time. Section 2.2 "Association" means the LAKES AT TOWNE ROAD III HOMEOWNERS ASSOCIATION, INC.,a non-profit corporation, its successors and assigns. Section 2.3 "Board of Directors" means the Board of Directors of the Association. Section 2.4 `Builder"means a person or entity engaged in and responsible for the original construction of a residence on a Lot. Section 2.5 "Common Area"means" (1) those portions of the Property, including improvements thereto, facilities and personal property owned, to-he-owned, leased or to- be-leased by the Association from time to time for common use, benefit and enjoyment of the Owners (as hereinafter defined), (2) Lake Area, as defined below, and (3)items (if any) deemed Common Area for maintenance purposes only. Unless expressly stated to the contrary, the term Common Area as used herein (whether or not so expressed) shall include all portions of the Property designated on the Plat (as hereafter defined) as a "Block", "Common Area", "C.A.", "Pond", or such other areas within the Property that are not otherwise identified on the Plat(as hereafter defined) as a lot or street. The Common Area to be conveyed to the Association at the time of conveyance of the first Lot to an Owner is described in the Plat(as hereinafter defined). Section 2.6 "Common Expenses" shall mean and refer to expenses of administration of the Association, and expenses for the upkeep, maintenance, repair and replacement of all Common Area,and all sums lawfully assessed against the Owners by the Association, and all sums, costs and expenses declared by this Declaration to be Common Expenses. • Section 2.7 "Declarant" means , an Indiana limited liability company and its successors and assigns. Section 2.8 "Development Period" means the period of time commencing with Declarant's acquisition of the Property and ending when Declarant has completed the development and sale of, and no longer owns, any Lot or any other portion of the Property. Section 2.9 "Dwelling Unit" means any single-family residence situated upon a Lot (as hereinafter defined). Section 2.10 "Lake Area(s)"means any Common Area on which a lake or pond now exists or is later constructed by Declarant and "Lake" means a body of water which now exists or is later constructed by Declarant in a Lake Area. Section 2.11 "Lot or "Lots" means,as the context requires, any parcel or parcels of land designated as such upon the Plat (as hereinafter defined) or, after construction, that parcel of land upon which there is constructed a Dwelling Unit that is conveyed to an . Owner (as hereinafter defined)by the Declarant. Subject to any necessary approval of the appropriate governmental authority, a "Lot"may contain portions of real estate greater or less than its originally platted dimensions should the Declarant.deem it advisable in order to accommodate the construction of a Dwelling Unit. • Section 2.12 "Owner" means the record owner, whether-one or more persons or entities, of the fee simple title to any Lot which.is a part of the Property, including contract sellers,but otherwise excluding those having such interest merely as:security for the performance ofan obligation. Unless'specifically indicated to the contrary, the term "Owner" shall include the Declarant. Section 2.13 ."Plat" means the subdivision plats of Property,'.which are recorded with-the Recorder of the county in which the Property is located, as the same maybe hereafter amended or supplemented pursuant to this Declaration. ARTICLE I•II Property Rights,Easements;and Encroachments Section 3.1 Owners' Easements of Enjoyment of Common Area. Every Owner shall have a nonexclusive right and easement of enjoyment,in common with all Owners, in and to any Common.Area, which nonexclusive right and easement or enjoyment shall be appurtenant to.and shall pass with title to every Lot (in the form of a right to merribership in the Association), subject to the following provisions: (a).The right of the Association to suspend the voting rights and right to use of any recreational,facilities,if any.,by-any Owner (i) for any period during which any assessment remains unpaid-and (ii) for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (b) The right of the Association to charge reasonable admission and other fees for the Use of`recreational facilities,if any, situated upon the Common Area owned by the Association; (c) The frights of Declarant as provided in this Declaration, as the same may be amended from time to,tune; (d) The right of the.Association to promulgate reasonable rules and regulations governing the use of the Common Area owned by the Association including, without limitati on,parking, swimming,boating,fishing, (including the denial thereof of any such rights) and upon:improvements, additions or alterations to the Lots and the Common Area owned by the Association; (e)-The easements reserved elsewhere in this Declaration and the right of the Association to grant further reasonable utility easements across and through the Common Area owned by the Association for the benefit of'its members; - (l) The right of the Association to mortgage any or all of the Common Area ownedby°the Association, upon the approval of two-thirds (2/3) of the membership of each class of members of the Association; - • (g) If ingress or egress to any Lot is through the Common Area, any conveyance or encumbrance of such Common Area is subject to such Lot Owner's easement for ingress and egress; (h) The right of the Association to dedicate or transfer all or any part of the Common Area owned by the Association to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members or otherwise allowed pursuant to this Declaration, as amended. No such dedication or transfer, except as allowed pursuant to this Declaration, shall be effective unless there is recorded an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of the membership of each class of members of the Association; (I) All other rights, obligations and duties as set forth in this Declaration, as the same may be from time to time amended or supplemented; and (j) The right of the Declarant to erect any signs (I) advertising the sale of Property or any Lot and/or (ii) identifying the Subdivision. Section 3.2 Delegation of Use. In accordance with the By-Laws and any reasonable and nondiscriminatory rules and regulations promulgated from time to time by the Association, and subject to the rights of others as set forth in this Declaration, any Owner may assign his or her right of enjoyment of the Common Area owned by the Association, to family members, guests, tenants or contract purchasers who reside on the Lot. Section 3.3 Certain Obligations and Access Rights to the Common Area. (a) Except as otherwise set forth in this Declaration, the Association, subject to the rights of the Owners as set forth in this Declaration, shall be responsible for the management and control, for the exclusive benefit of the Owners as provided herein, of the Common Area owned by the Association and for the maintenance of the same in good, clean, attractive, safe and sanitary condition, order and repair. • (b) The Association shall have and is hereby granted a general right access and easement to all of the Common Area owned by the Association and across the Lots, at reasonable times and at any time in case of emergency, as reasonably required by its officers, directors, employees and their agents and independent contractors, to the full extent necessary or appropriate to perform its obligations and duties as set forth in this Declaration. The easements and rights specified herein also are reserved for the benefit of Declarant so long as Declarant owns any portion of the Property and for so long as Declarant may be liable under any builder's warranty. Section 3.4 General Drainage,Utility, Sewer and Other Development Easement- The following rights and easements reserved in this Section 3.4 shall not be exercised with respect to a Lot, after the conveyance of such Lot, in a manner that (i)unreasonably and adversely affects any Dwelling Unit or portion thereof located upon such Lot or the Owner's use or enjoyments thereof, or (ii)unreasonably restricts the rights;of ingress and egress to such Lot. The_fallowing rights and easements reserved by Declarant in this section 3.4 shall run with the land, and_Declaratt's right to further alter or-grant easements shall automatically terminate and pass to the Association one (1)year after. Declarant shall have conveyed the last Lot within the Property: • (a) Declarant hereby reserves unto itself, and;unto any public or private utility, a general easement ("General Drainage, Utility, and Sewer Easement") for drainage, utility and:;sewer purposes in, on and over all of the Common Area and any Lot,sous to permit Declarant to properly install and allow to be installed and maintained all electrical, telephone, water,:gas., and Sanitary and storm sewer, to serve any Dwelling Unit constructed'on the Property. This General Drainage, Utility, and Sewer`Easement shall include all areas of the Property outside any Dwelling Units, with the exception of any areas covered by chimneys, or patios. Improvements or permanent structures installed within the Common Areas are subject to the rights (including:the right to remove where reasonably necessary without duty of replacement or reimbursement) of the Declarant and any public or private utility to construct, maintain, repair or remove any necessary facilities.: By virtue hereof, Declarant reserves the right to install a lake(s) or pond(s)on any;Common Area. The rights hereunder and easements hereby reserved survive the conveyances by the Declarant to the Association, of any.Common Area. This easement shall be in addition to any easement identified or designated upon a Plat as a drainage, sewer, utility, cable, landscape, sign, transmission, flowage or similar type easement. (h) Declarant reserves unto,itself during the Development Period, and thereafter unto the Association, an easement ("Lake Easement") and right-of-way in and to any Lake Area(s) or areas now or hereafter shown-on the Plat as a "Block", "Common Area", "Lake", "Pond", or any other Common Area within the Property used as a water retention or detention area, or on which a Lake now exists or is later constructed,for the purpose of fulfilling any maintenance obligations set forth in this Declaration and/or establishing and maintaining proper surface water_drainage throughout the_Property, and an easement of ingress and egress through so much of the remainder of the Property as is reasonably necessary or appropriate, to perform such actions as Declarant or the Association'deem necessary or,appropriate, for the purpose of establishing and maintaining proper surface water drainage throughout,the Property, which such actions shall include the construction, repair and maintenance of retention and detention ponds or lakes in accordance with the requirements of applicable law and of all governmental agencies having jurisdiction (without.undertaking any obligation or duty to exceed such requirements). (c );Declarant reserves unto itself during the Development Period, and-thereafter unto.the Association,the right and an undefined sign and facilities easement ("Sign and Facilities Easements")to-install, erect, construct and maintain an entryway sign or signs, directional signs, advertising signs advertising the Property or'the Lots:therein,lighting, walkways,.pathways, fences, walls and any other landscaping,architectural and recreational features or facilities considered necessary,appropriate, useful architectural. anywhere upon:the Property (except upon any Lot after the-first conveyance thereof). Any such signs shall comply with any applicable zoning requirements and all such facilities shall be maintained by the Association as a part of its Common Area maintenance obligations. (d) Declarant reserves unto itself during the Development Period, and thereafter unto the Association, the full right, title and authority to: (i) Relocate, alter or otherwise change the location of any Drainage, Flowage, Utility, Sewer and Lake, Sign and Facilities Easement, or any facility at any time located therein or thereon; (ii) Grant such further easements, licenses and rights-of-way, temporary or permanent, exclusive or non-exclusive, surface or otherwise, as Declarant may deem necessary or appropriate, for ingress and egress, utility and similar purposes on or within any portion of the Property, for the benefit of the Property or any portion thereof; and, (iii) Describe more specifically or to change the description of any Drainage, Flowage, Utility, Sewer, Lake, Sign and Facilities Easement or any other easement, license or right-of-way now or hereafter existing on the Property, by written instrument, amended Plat or amendment to the Plat recorded in the Office of the Recorder of the County in which the Property is located. (e) The title of the Association (as to the Common Area owned by the Association during the Development Period) and of any Owner of any Lot shall be subject to the rights and easements reserved herein. Section 3.5 Easement for Emergency Purposes. An easement is hereby dedicated. and granted for use in the case of an emergency by emergency vehicles such as fire trucks, police cars and ambulances and emergency personnel, public and private, over and upon the Common.Area. Section 3.6 Fee Title to Lot. The fee title to any Lot described as bounded by any street, lane, walkway, park, pond, lake, or any other common property which has not been dedicated or accepted by the public and the fee title to any Lot shown on any Plat as abutting upon any such common property shall not extend upon such common property and the fee title to such common property is reserved to the grantor to be conveyed to the Association for the common enjoyment of all residents in the Subdivision. Section 3.7 Designated Drainage, Utility, and Sewer Easements. There are strips of ground designated on the Plat as drainage easements, utility easements, sewer easements, sanitary sewer easements and storm sewer easements, or any combination thereof(hereafter collectively "DU&E Easements"), which are hereby reserved to the appropriate governmental entities, public utilities, private utilities and Provider(s) for the installation and maintenance of swales, ditches,pipes,drains, sanitary sewers, manholes, detention and retention areas or other drainage facilities. Purchasers of Lots in this Subdivision shall take title subject to such easements hereby created and subject at all times to the rights of proper authorities to service and maintain such drainage facilities and easements, and no permanent_structure of any kind and no part thereof except fences which do not retard orimpede the flow of drainage water and which are approved pursuant to Section 4.2 below, shall be built, erected or,maintaired.on said drainage easements,:except'by the Declarant or°its'assigns. It shall be the,responsibility of the Association and the Owners of the areas enclosed within such easements to maintain such areas in such condition that the flow of storm drainage waters on, across and from said areas shall not be impeded, diverted or accelerated: Such use for storm water movement or retention or detention is hereby declared to he an easement and servitude upon said land for the benefit of'the Owners of other land included within-the Plat,upstream or downstream, affected by such use and for any proper;governmental agency or department or any private or public.utility. All proper governmental agencies or departments and public and:privateutilities are hereby given the right to obtain access to such areas to perform maintenance and to-perform such maintenance as may be necessary to protect that easement and servitude rights. It shall be the-responsibility of the Association and the Owner of any Lot or parcel of land with the Plat to comply at all times with the provisions of the.drainage plan as approved for the applicable Plat by the appropriate governmental agency or department and the.requirentents of all drainage permits for such Plat issued by those agencies. Failure.to so comply shall operate as a waiver and release of the Declarant, the developer, or their engineers and agents from all'liability as to damage caused by storm waters or storm drainage. Further,there are easements and servitudes upon the land within the Plat in favor of surface:water'runoff along:natural valleys and:drainage,channels running to Owners of other land contained within the Plat,upstream and downstream. It shall be the responsibility of the Association and the Owners of these natural valleys and channels to use their-land and maintain said natural valleys and channels in such.manner and condition that the flow of storm drainage waters on, across, from and to such areas shall not be impeded, diverted or accelerated. Section 3.8'Designated Easements for Landscaping, Mounding, Screening and Signage. Within any strip of ground shown or designated on the Plat as a.landscape easement,landscape maintenance easement,landscape Maintenance access easement, or by any similar language indicating a landscaping purpose, Declarant hereby reserves unto itself during the Development Period and thereafter unto the Association,the exclusive and sole right to (i) erect signs which advertise the a Property or availability of Lots, and/or identify the Subdivision and (ii).install landscaping, Mounding,.walls,and screening. Notwithstanding anything in this Declaration to the contrary, no planting shall be done, and"no hedges, walls, signs,fences or other improvements shall be erected dr maintained in.the area of such easements, except by the Declarant during the Development Period and thereafter bythe Association. Furthermore, notwithstanding anything in this Declaration to the contrary, no planting shall be done, and no hedges, walls, fences, structures; signs, or other improvements shall be erected between (i) the area of any such easements and (ii) any perimeterroadway, public highway or right-of-way along the perimeter or boundary of the Property, except by the Declarant. Section 3.9 Street Dedication All streets now or hereafter located upon the • Property are hereby dedicated to the public. • Section 3.10 Easement Work Notwithstanding any architectural approval under Section 4.2 below, during the course of any maintenance, service, repair or work upon any easement,the Declarant, the Association, any private utility, any public utility, and/or any governmental entity shall have the right and the authority, without any obligation or liability whatsoever planted,to any owner, to remove, damage, or destroy any fence or other structure or landscaping built, erected, maintained or planted in any easement described in Section 3.7 and Section 3.8 above. Section 3.11 No Access. There may be strips of ground designated on the Plat as "no access strips", "no access", "no access easement", "no access esmt", or by other similar language. Vehicular ingress, egress and traveling and/or the construction of improvements for such ingress, egress and/or traveling, is prohibited on, over, or across any such strips or areas. Section 3.12 Reservation of Right to Grant Easement. The Declarant hereby reserves the right, in its discretion, to (I) grant easements upon, under, over and across the Property for the benefit of land that is adjacent to the Property and/or (ii) to obtain, for the benefit of the Property, easements upon, under, over and across the real estate that is adjacent to the Property. Section 3.13 Stormwater Management. The Subdivision has been designed to include storm water quality best management practices (BMPs). These BMPs shall be maintained in accordance with the Operations and Maintenance Manual for such BMPs by the Declarant until such time as the control of the Association is transferred to the individual Owners in the Subdivision, as detailed in Article V of this Declaration. Any fees and City of Indianapolis requirements associated with these BMPs shall he the sole responsibility of the Association. ARTICLE IV Use, Restrictions, and Architectural Control Section 4.1 Lot Use and Conveyance. All Lots shall be used exclusively for single family detached residential purposes, except that Declarant, during the Development Period, reserves (a) the rights provided in this Declaration respecting the Property generally, and (v) the right subdivide, dedicate or otherwise convey or designate all or any portion of any one ormore Lots which it may own from time to time for recreational or other common uses and benefit of all Owners and other members of the Association. Any Lot or portion thereof so designated for common use shall become part of the Common Area owned by the Association, and reasonable rules and regulations shall be promulgated and enforced with respect thereto so that the use and enjoyment of adjacent Lots by the Owners thereof shall not be unreasonably disturbed. Except as provided in the Declaration, no Lot shall be subdivided to form units of less area. Each Lot shall be conveyed as a separately designated and legally described freehold estate subject to the covenants, conditions and restrictions contained herein. Section 4.2 Architectural Control. No building, outbuilding, mailbox,fence, satellite dish, pool, wall or other structure, except original construction of'Dwelling Units by or on behalf of the Declarant, shall be commenced; erected or maintained upon the Property, not shall any exterior addition to or change or alteration therein, other than by the Declarant, be.t fade "until the plans and specifications. the nature, kind, shape, height, materials, color and location of the same shall have been submitted to and approved in writing as to harmony of external design of.the Development Period, the Board of Directors of the Association. After the Development Period, the Board of Directors may appoint three (3) or more representatives to an Architectural Control Committee. Any change.in the appearance or the,color of any part of the exterior of a residence shall be deemed a change thereto and shall require the approval therefore as .above provided. In the event,that written approval is not received as required hereunder within thirty (30) days after complete plans and specifications have been submitted, then the request for approval shall be deemed DENTED. Every Owner, by the purchase Of.Lot, shall be conclusively presumed to have consented to the exercise of discretion by the Declarant, the Board of Directors, and/or the Architectural Control Committee. In any judicial.proceeding challenging a determination by the Declarant,.Board of Directors, and/or Architectural Control Conimittee'and in.any action initiated to enforce this Declaration in which:an abuse of-discretion by the Declarant;Board of Directors, and/or Architectural Control Committee is raised as- defense, abuse of discretion may be established only if a reasonable person, weighing the evidence and drawing all inferences in favor of the Declarant,Board of Directors, and/or Architectural Control,Committee, could only conclude that.such determination constituted an abuse.of discretion. The Declarant, during the Development Period, and thereafter the Board of Directors and/or the Architectural Control Committee, may in its discretion inspect work being performed without the Owner's permission to assure compliance with these restrictions and applicable regulations: All improvements'must be constructed as approved and, therefore, must be constructed.per the approved plans and in the approved location. If construction of an improvement is not completed within thirty (30) days after approval, their the Declarant, during the.Development Period,and thereafter the Board of Directors or'the.Architectural Control Committee may, in its discretion, withdraw and revoke the approval. Under no circumstances shall the Declarant, the Board'of Directors,'and/or the - Architectural Control Committee be liable in any way for costs,fees,:damages,delays, or any changes or liability whatsoever relating to the approval or disapproval of any plans submitted to it. Under no circumstances shall the Declarant,the Board.of Directors, and/or the Architectural Control Committee be responsible in any way for any defects in any work.done according~thereto. Further, the Declarant,the Board of Directors,.and/or the Architectural Control Committee make no comment, representation or warranty as (I) to the suitability or advisability of the design, the engineering,.:the method of construction involved,or the materials;to be used and/or (ii) the compliance of any intended • improvements with applicable laws, statues, zoning ordinances, and/or municipal regulations. All parties should seek professional advice, engineering,'and inspections on each lot prior to proposing construction. Section 4.3 Animal Kennels. Animal kennels or quarters that are not connected to a Dwelling Unit are prohibited. Animal_quarters or kennels that are to be connected to the Dwelling Unit cannot be constructed until after the Declarant approves them, during the Development Period, and thereafter by the Board of Directors and/or the Architectural Control Committee. Section 4.4 Animals. No animals shall be kept or maintained on any Lot except domestic, household pets traditionally kept in individual residences throughout the state of Indiana. No more than two (2) dogs and two (2) cats may concurrently be kept at any one Dwelling Unit or Lot. All such pets shall be kept reasonably confined so as not to become a nuisance. Excessive barking of dogs or vicious animals shall constitute a nuisance and may be ordered by the Association to be removed from the property. Section 4.5 Development and Sale Period. Nothing contained in this Article IV shall be construed or interpreted to restrict the activities of Declarant or a Builder in connection with the development of the Property and sale of Lots. During the Development Period, Declarant or a Builder shall be entitled to engage in such activities and to construct,install, erect, and maintain such facilities.,upon any portion of the Property at any time owned or leased by Declarant or a Builder, as in the sole opinion of Declarant or a Builder may be reasonably required, or convenient or incidental to, the development of the Property and sale of the Lots; such facilities may include, without limitation, storage areas, signs, parking areas, model residences, construction offices, sales offices and business offices. Section 4.6 Drains. No house footing drain or roof water drain shall be discharged into the sanitary sewers. Section 4.7 Electric Bug Killers. Electric bug killers, "zappers", and other similar devices shall not be installed at a location or locations which will result in the operation thereof becoming a nuisance or annoyance to other Owners, and shall be operated only when outside activities require the use thereof and not continuously. Section 4.8 Fences. No fencing,landscape screening, or walls may be constructed or installed until after architectural approval is obtained from the Declarant, during the Development Period, and thereafter the Board of Directors and/or the Architectural Control Committee. It is the goal to keepall fencing or screening harmonious with the architectural character of the community. No fence or screen will be approved which obstructs necessary sight lines for vehicular traffic. Undue obstruction of views from adjoining properties and amenity areas will be taken into consideration when reviewing fences for approval. No front yard fencing is permitted, except on a Lot which there is maintained a sales office or model home by Declarant or Builder. I.f approved by the Declarant, during the Development Period, and thereafter by the Board of Directors • and/or the Architectural Control.Committee;fences may be privately installed but must be constructed to professional levels-of-quality, design; material, composition,'and color as determined by the Declarant, during the Development Period, and thereafter by the Board of Directors and/or the Architectural Control Committee. Nonprofessionally installed fences may be inspected by the-Declarant, during the Development Period, and thereafter by the.Board of Directors and/or the Architectural Control Committee after completion in order to ensure that the fence is of a professional.quality,and final approval of such fence shall be deemed withheld until completion of this final review. All fences shall be kept-in good repair by Owner.. In general, fences shall be located on the property line;provided,however, that no fence shall be located any closer'to the front of a Dwelling Unit than six (6)feet behind the line of The face of the Dwelling Unit nearest the front line,not counting patios,terraces, entryways, or steps. ;Fences are to be wrought:iron,cedar, or treated pine. Front yard fences shall be limited to fortytwo (42) inches in height and shall be a minimum of 50% open. Fences shall be no greater than Six.(6) feett in.heigl t in all other yards. Stockade fences are prohibited. No fence shall be construeted'until the Declarant first'approves its materials, design, and location, during the Development Period,and thereafter by the Board of Directors and/or Architectural Control Committee. Walls above grade must be constructed of natural stone, masonry, wood or shadow box fencing. All approvals of landscape screening materials, design, and location shall be on an-individual basis. The exact.location, material,.color and height of the fence and rendering or photograph thereof shall be submitted to the Declarant, during the Development.Period, and thereafter to the Board of Directors and/or the Architectural Control Committee for written approval at least thirty,(30) days prior:to proposed construction. If however, approval has not been received'by applicant in writing within thirty (30) days after submitted, then said request shall be considered DENIED: . Section 4.9 Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for trash> Rubbish, garbage or-other waste shall be kept in sanitary containers:out of public view All equipment for storage or disposal of such materials shall be kept clean and sanitary. Section 4.1.0 Home Occupations. No Lot or Dwelling Unit located thereon shall be used for any purpose other than as a single family residence, except a home. occupation which is both permitted under the applicable zoning ordinance and which also complies with the following guidelines: (a) Any home occupation must be conducted entirelyfrom within the residence and conducted:solely by a member of the immediate family;residing in said Dwelling Unit; (b) Any home occupation must be clearly incidental and secondary to the use of the Dwelling Unit for residential purposes; (c)There can be no:sign or display that will indicate from the exterior'of'the Dwelling Unit that the Dwelling Unit is being used,in whole or in part, for any purpose other than that of a residential dwelling; (d) No commodity can he sold from the Lot or Dwelling Unit located thereon; (e) No persons can be employed other than a member of the immediate family residing in the Dwelling Unit; (f) No manufacturer or assembly operations can be conducted; and (g) Customers cannot enter upon the Lot or Dwelling Unit for the purpose of conducting business. In no event shall the following activities be conducted: child care, barber shop, styling salon, animal hospital, kennel, any form of animal care or treatment such as dog trimming, or any similar activities. The childcare prohibition applies to any situation where an Owner is using their Lot to watch children unrelated to that Owner for money or other compensation. Section 4.11 Lakes, Lake Area(s). Except as otherwise provided, no individual using a Lake, if any,has the right to cross another Lot or trespass upon shoreline not within a Common Area, owned by the Association, subject to rights of a Declarant, the Association, their employees,heirs, successors and assigns as set forth in the Declaration. No one shall do or permit any action or activity which could result in pollution of any Lake, diversion of water, elevation of any Lake level, earth disturbance resulting in silting or any other conduct which could result in an adverse effect upon water quality, drainage or proper Lake management except as provided in the Declaration. No Owner shall pump water out of the Lake. A Lake may not be used for swimming, ice skating, boating, or for any other purpose, except for drainage of the Property, unless expressly and specifically approved by the Board of Directors in writing and allowed by law. Lakes and Lake Areas may or may not exist on the Property, and the reference throughout this Declaration to Lakes and Lake Areas is made in order to address Lakes and Lake Areas, if any, which now exist or are later constructed upon the Property. The installation on the Property of any Lake or Lake Area shall be within the sole discretion of the Declarant, and under no circumstances shall the Declarant be required or obligated to install any Lake or Lake Area. Only the Declarant and the Association shall have the right to store items or develop recreational facilities upon any Common Area owned by the Association adjacent to a Lake. Section 4.12 Leasing. Any Lot may be leased by its Owner. Any lessee occupying a Dwelling Unit shall be subject to the terms and conditions of this Declaration as if they were the Owner of that Lot. Section 4.13 Mailboxes. All mailboxes installed upon Lots shall be uniform and shall be of a type, color and manufacture approved by the Declarant during the Development Period and, thereafter, by the Board of Directors and/or the Architectural Control Committee. Section 4.14 Mini Barns and Outbuildings. Mini barns, outbuildings, and other similar structures that are detached from a Dwelling Unit are prohibited. Section 4.15 Motor Vehicle.Repair. The repair of inoperative motor vehicles or material alteration of motor vehicles shall not be permitted on any Lot•unless entirely within a garage permitted to be constructed per the tennis'of the Declaration. Any inoperative motor vehicle must be kept within a garage. Section 4.16'Nuisances. No noxious or offensive'activities shall be carried on or be permitted to exist on any Lot, nor shall anything he done thereon which may be or become an annoyance:or,nuisance. Any structure or building-permitted to be constructed . on any Lot by this Declaration, which may be all or in part destroyed by fire, wind, storm or any other reason, shall be rebuilt and restored'to its previous condition within a reasonable length of time,,and all debris accumulated in connection therewith shall be removed within a reasonable time after any such occiirret ce. Section 4.17 Outside Burning: No trash, leaves, or other materials shall be..bumed upon a Lot if smoke there from would blow upon an other Lot and, then, only in acceptable incinerators andin compliance with all applicablelegal requirements. Section 4..1.8 Outside Storage. The use of clotheslines is,prohibited. All equipment, garbage cans', service yards, woodpiles or storage_;piles shall be kept from view of neighboring homes and'streets. All rubbish,trash or garbage shall be regularly removed from the premises, and shall not be all'owedI to accumulate thereon. Trash must be stored in enclosed`containers. • Section 4:19 Outside Use of Lots' Except in an individual patio area appurtenant to.a Dwelling Unit,no planting or gardening shall bel done, and no fences, hedges, walls or other improvements shall be erected or maintained upon the Property except such as installed'in accordance with the initial construction of the buildings located thereon or as approved by the Declarant, during the Development Period, and thereafter by the Board of Directors and/or the Architectural' Control Committee. Above ground,swimming pools are prohibited on the Property,.except for small.removable kiddie pools. Section 4:20 Permitted Uses. No use shall be;made of any Lot except as. periitted by the.applicable zoning and subdivision control ordinances under which this property is developed. No construction; significant earth-moving activity or excavation work,of any nature may be conducted on any Lot without the prior express approval of the Declarant, during the Development Period,and thereafter by the Board of Directors and/or the.Architectural:Control Committee. Section 4.21 Residential Use. Lots may be.used only for residential purposes and only for one single-family dwelling, a private garage, and other such outbuildings'as are usual and incidental to the rise of a residential lot. All lots in this subdivision;shall be designated as residential Lots. { Section 4.22,Rules-and Regulations. The Board of Directors from time to time may promulgate further rules and regulations concerning the use of Lots and'the Common Area owned by the Association. A majority of those Owners voting at. a • 1 meeting called for the purpose may rescind or modify any rule or regulation adopted by the Board of Directors. Copies of all rules and regulations shall be furnished by the Board to all Owners, at the Owner's last known address, prior to the time when the same shall become effective. The Association shall have current copies of the Declaration, Articles and By-Laws, and other rules concerning the Property as well as its own books, records and financial statements available for inspection by Dwelling Units in the Property. These documents shall be available during normal business hours or under other reasonable circumstances. Section 4.23 Semi-tractor trucks, trailers, etc. No semi-tractor trucks, semi- trucks, semi-tractor trailers, recreational vehicles, boats, campers, mobile homes, motor homes, disabled vehicles, and/or trailers shall be permitted to park on the Property or a Lot unless fully enclosed in a garage, or unless the same is necessary and incident to the Declarant's, Builder's or Association's business on the Property. No motor vehicle shall be parked or stored on any Lot except in a garage or driveway. Parked or stored motor vehicles in Lot yards or other non-paved areas are strictly prohibited. No more than two (2) motor vehicles may be parked in a driveway at any one time. Section 4.24 Septic Systems. No septic tank, absorption field, or any other on- site sewage disposal system, other than a lateral main connected to a sanitary sewage collection system, shall be installed or maintained on any Lot. Section 4.25 Sign Limitations. No sign of any kind, other than those installed by Declarant, the Association, or a Builder, may be displayed to public view on any Lot, except that one sign with an area of not more than six (6) feet may be displayed with the purpose of advertising the Lot for sale. Section 4.26 Storage Tanks. All above or below ground storage tanks, with the exception of gas storage tanks sued solely in connection with gas grills for the purpose of grilling or cooking food, shall be, and hereby are, prohibited. Section 4.27 Temporary Structures and Outbuildings. No structure of a temporary character, such as a tent or shack shall be erected, placed, or altered upon any Lot for use as a residence either temporarily or permanently, or at any time be used for such purpose. Section 4.28 Unsightly Growth. In order to maintain the standards of the Property, no grass exceeding six (6)inches in height, weeds,underbrush or other unsightly growths shall be permitted to grow or remain upon any Lot, and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. Failure to comply shall warrant the Declarant or the Association to cut grass/weeds or clear the refuse from the Property at the expense of the Owner, and there shall be a lien against said Lot for the expense thereof, which lien shall be due and payable immediately. If such lien is not promptly paid, the Association or the Declarant may file suit and recover such amount together with reasonable attorney's fees and costs of collection. Section 4.29 Lawn Ornaments. All lawn ornaments (e.g gazing balls) are prohibited unless;expressly-approved by the Declarant-until the end of the Development Period, and thereafter by the Board of Directors and/ t Architectural Control Board. Section 4.30 Satellite Dishes.•No satellite dish may be constructed or installed until after architectural approval is obtained from they Declarant, during.the Development Period, and thereafter the Board of Directors and/or the Architectural Control.Committee. No satellite dish shall be approved that exceeds thirty(30) inches-in diameter, or that does not meet applicable Federal Communications Commission (FCC) standards applicable. ARTICLE.V E Association Membership,Voting-Rights; Board of Directors, and Professional Managetrient Section 5.1 Membership. Initially, the persol{(s) who serve as iticorporator(s) of the Association shall be,the:member(s).(the "Initial Member(s)"). The Initial Member(s) shall remain member(s) of the Association until the Association Articles of Incorporation are accepted by the Indiana Secretary of State, at:which time the.Initial Member(s) shall cease to be member(s)unless they also qualify as Class A or Class B&members. Every Owner of a Lot, which is subject to:assessment, shalVbe a-member of.the Association. Apart from the Initial Member(s), a;membership in the Association shall be appurtenant. to and may not be separated from ownership of any Lot. Section 5.2 Classes of Membership and Votirig.Rights. The Association shall have the following two classes,of voting membership: Class A. -Class A..members shall be all Owners with the exception of the Declarant.. -Class A members shall be entitled to one (1) vote for each.Lot owned. When more than one person holds an interest-i n any-L•ot, all snob persons shall be members. The vote for such Lot shall be exercised:as the members holding an interest in such Lot determine among them, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B members shall be the Declarant. The Declarant shall be entitled to three (3) votes for each Lot. owned. For purposes of this calculation, it shall be assumed.that Declarant owns all.Lots, which number°shall be reduced as Lots are conveyed by the Declarant to an Owner. The.Class B Membership shall cease and be converted-to a Class A Membership on the happening of either of the.following events, whichever occurs earlier: (I) December 31, 2010; or (ii) When the total number of votes outstanding in the Class A Membership is • 1 equal to the total number of votes outstanding in the Class B Membership; provided, however, that the Class B Membership shall recommence in the event that the Declarant subsequently records a plat or part of or all of the Property and, by virtue thereof, total number of votes outstanding in the Class A Membership is no longer equal to or greater than the total number of votes outstanding in the Class B Membership; or (iii) The date on which the Class B Member agrees in writing to the cessation and conversion of the Class B membership. Section 5.3 Board of Directors. The Board of Directors of the Association shall be appointed and/or elected as prescribed by the Association's Articles and By-Laws. The Board of Directors shall manage the affairs of the Association. Directors need not be members of the Association. Section 5.4 Professional Management. The Association may, in its sole and subjective discretion, engage or employ a professional manager or management company, possessing experience in the management of homeowners associations, to assist the Board of Directors in the management and administration of the Association. No contract or agreement for professional management of the Association, nor any other contract between Declarant and the Association, shall be for a term in excess of three (3) years. Any such agreement of contract shall provide for termination by either party with or without cause and without payment Of any termination fee upon written notice of ninety (90) days or less. Section 5.5 Fulfillment of Commitments. Notwithstanding the cessation of the Class B membership and the turnover of the Association, and notwithstanding the conveyance of any Common Area by the Declarant to the Association, the Declarant reserves the right to enter upon any Lots and/or Common Areas for the purpose of complying with any written or unwritten commitments extended to any municipality or zoning jurisdiction in connection with any zoning approvals, plat approvals, variance approvals, special use or exception approvals, and/or any other approvals granted by such municipality or zoning jurisdiction. ARTICLE VI Covenant for Maintenance Assessments Section 6.1 Creation of the Lien and.Personal Obligation of Assessments. Each Owner of any Lot in the Subdivision, except the Declarant or Builder, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (a) Regular Yearly Assessments (for maintenance, repairs and ordinary operating expenses, including Common Expenses); and 1 . (b.) Special Assessments for capital improvements and operating deficits and for special Maintenance ce or repairs as provided in this Declaration; and (c) One-Time Assessment for purposes Specified below. Assessments against a Lot shall commence to accrue from the date each Lot is conveyed by the Declarant to an Owner and shall be collected as hereinafter provided. All such assessments, together with prejudgment interest at eight percent (8%) per annum,,costs and;reasonable attorneys' fees, shall beta charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs,, and reasonable attorneys' fees, shall also be the personable.obligation of the.person who was the Owner of such property at the time when the assessment_fell due. The personal obligation for delinquent assessments shall not pass to'such Owner's successors in title unless expressly assumed by them. No charge,or assessment shall ever be levied by the.Association against the Declarant or Builder. Section 6.2 Purpose of Regular Yearly Assessments. The Regular Yearly Assessments levied by the,Association shall be used exclusively, in the reasonable discretion of the.Board of Directors of the Association, for the promotion of the recreation, health, safety and welfare of the residents in the Property, for the improvement, maintenance and.repair.of the Common Area, for the performance of the obligation s"'and duties of the Association and for other purposes'only as specifically provided,herein. As and if necessary, a portion of the Regular Yearly Assessments shall beset,aside or otherwise allocated in a reserve fund for the purpose:of`providing repair and:replacement of the Common Area,and other capital improvements which the Association is required to maintain. �. Section 6.3 Maximum Regular Yearly Assessments. (a) Until January 1 Of the year immediately following the conveyance of the first Lot to an Owner, the maximum Regular.Yearly Assessment on any Lot shall be Three Hundred Dollars ($300.00) per Lot per year. The Regular Yearly Assessment provided for herein shall commence for each Lot on the date of conveyance Of such Lot to an Owner, which assessment:shall.be prorated according to the number of days retriaining in the year of the conveyance. For every year thereafter a conveyance of a Lot, the • Owner shall pay the Regular Yearly Assessment in full. • (b) From,aid,afterJanuary 1 of such year, the maximum Regular Yearly Assessment maybe increased each calendar year no more than twenty percent (20%) ' above the maximum Regular Yearly Assessment for jthe previous year, without a vote of the member"ship. In addition, upon the employment and engagement by,the Association of a professional manager or management company to assist the:BoardLof Directors in the , management and administration of the Association, there shall immediately and automatically, without a vote of membership, be added to the regular annual assessment the cost of such professional management. (c ) From and after January 1 of such year, the maximum Regular Yearly Assessment may be increased each calendar year by more than twenty percent (20%) above the maximum Regular Yearly Assessment for the previous year, by a vote of two- thirds (2/3) of the votes entitled to be cast by members who cast votes in person or by proxy at a meeting duly called for this purpose. (d) The Board of Directors from time to time may fix the Regular Yearly Assessment, without any vote of the membership, at any amount not in excess of the maximum. Section 6.4 Special Assessments for Capital Improvements and.Operating Deficits. In addition to the Regular Yearly Assessments authorized above, the Association may levy a Special Assessment applicable to that year only for the purpose of defraying,in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement which the Association is required to maintain, or to recover any operating deficits which the Association may from time to time incur, provided that any such assessment shall,have the approval of two-thirds (2/3) of the votes entitled to be cast by those members who cast votes in person or by proxy at a meeting duly called for this purpose. Section 6.5 One-Time Assessment. Upon the closing of the initial conveyance of each Lot by Declarant, the purchaser of Lot shall pay to the Association, in addition to any other amounts then owed or due to the Association, as a contribution to its working capital and start-up fund, an amount of Two Hundred Dollars ($200.00), which payment shall be non-refundable and shall not be considered as an advance payment of any assessment or other charge owed the Association with respect to such Lot. Such working capital and start-up fund shall be held and used by the Association for payment of, or reimbursement to Declarant for advances made to pay,expenses of the Association for its early period of operation of the Association and the Property, to enable the Association to have cash available to meet unforeseen expenditures, or to acquire additional equipment or services deemed necessary by the Board of Directors. Section 6.6 Quorum. Written notice of any meeting called for the purpose of taking any action authorized under this Article shall be sent to all Members not less than thirty (30) days or more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members Or of proxies entitled to cast sixty percent (60%) of the total number of votes entitled to be cast (Class A and Class B votes combined) shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half(' ) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6.7 Uniform Rate of Assessment. Regular Yearly Assessments and. Special Assessments for capital improvements and to recover operating deficits must be • fixed at a•uniform rate for all Lots,.except that Declarant,and any'individual or entity purchasing a Lot.or Lots solely for the purpose of,construction of.a.for.=sale Dwelling Unit thereon (a "Builder').shall only pay twenty=five(25%) of the.Regular Yearly y Assessments and Special Assessments;.so long as any Dwelling Unit:constructed upon a Lot.by Declarant or Builder has not been conveyed to an Owner intending to occupy or rent,said Dwelling Unit as a residence or leased to art individual or.entity for use as a residence: Section 6.8 Date of Commencement'of Yearly Assessments Due Dates. The Regular Yearly Assessment provided for herein shailconmence as to each Lot within a recorded Plat on the first day of the first month following the recording of such Plat. The Board.of Directors shall fix any increase in the amount of the,yearly assessments at least thirty(30) days in advance of the effective date of such increase. Written notice of any increase in the Regular Yearly Assessment, and written notice Of any Special Assessment and isuch,other assessment notices as the Board of Directors shall deem appropriate, shall be sent to every:Owner subject thereto. The due dates for all'assessments, and the assessment and collection period (I.e., annual, monthly, lump-sum or otherwise)for any Special Assessments, shaft be established by the Board of Directors. The Association shall, upon:demand, and for a reasonable charge,furnish a certificate in recordable form signed by an Officer of the.Association setting Thrill whether the assessments on a specified.Lot have been paid. A properly executed certificate from the Association regarding the status of assessments:for any Lot shall be binding upon the Association s of the date of its issuance. Section 6:9 Effect of Nonpayment of Assessrinents Remedies of the Association. If ally assessment (or periodic installment of such assessment,if applicable) is not paid on the due date establisled.-therefore pursuant to this Declaration, then the:entire unpaid assessment (together with interest thereon, costs and 'attorneys' fees as provided in this Declaration) shall become delinquent.and,shall constitute a continuing lien on the Lot to which such assessment relates, binding upon.the then Owner, his heirs, devisees, successors and assigns. The'personal;.obligation of the then-Owner to pay such assessments, however, shall not pass to such Owner's successors in title unless expressly assumed by them. If any assessment is not paid within thirty:(30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve (12%) per annum, and the Association may,bring an action at law against the Owner personally obligated to pay-the same, or foreclose the lien against the property, or both. In such event,there shall be added th'e:amount of such assessment the costs and attorney's fees of preparing.and filing the complaint in such action; and in the vent a judgment is obtained • such,judgnient shall.include interest on the assessment as above provided, costs of the action and reasonable attorneys' fees to be fixed. by the court. No Owner may waive or otherwise escape liability for the:assessments provided for herein by nonuse of the Common Area owned by the:Association or abandonment of his Lot. Section 6.10'Subordination of.the Lien to,Mortgagees; Sale or'Transfer. The lien of the assessments provided for'herein shall be subordinate to the lien,of any first mortgage. The sale or transfer of any Lot pursuant to the foreclosure of any first mortgage on such Lot (without the necessity of joining the Association in any such foreclosure action) or any proceedings or deed in lieu thereof shall extinguish the lien of all assessments becoming due prior to the date of such sale or transfer. No sale or transfer of any Lot (whether voluntary or pursuant to foreclosure or otherwise) shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof; and, except as hereinabove provided, the sale or transfer of any Lot shall not affect the lien of assessments becoming due prior to the date of such sale or transfer except to the extent that a purchaser may be protected against the lien for prior assessments by a binding certificate from the Association, issued pursuant to this Declaration, as to whether or not such assessments have been paid. ARTICLE VII Maintenance, Repairs and Replacements Section 7.1 By Owners. Except as specifically provided in this Declaration, each Owner shall furnish and be responsible for the Maintenance of all portions of his Lot. All fixtures and equipment installed within or as part of the Dwelling Unit, commencing at the points where the utility lines,pipes, wires, conduits or systems enter the Lot upon which said Dwelling Unit is located; shall be maintained and kept in repair by the Owner thereof. Each Owner shall promptly perform all maintenance and repair of his Lot and Dwelling Unit which, if neglected, might adversely affect any other Lot or Dwelling Unit or any part of the Common Area owned by the Association. Such maintenance and repairs include, but are not limited to, all exterior surface, siding, roof,gutters, internal water lines,plumbing, electric lines, gas lines, appliances, and all other fixtures, equipment and accessories belonging to the Owner and a part of or appurtenant to his Dwelling Unit or Lot. Section 7.2 Common Properties and Lawns by the Association. (a) The Association, as part of its duties, and as part of the Common Expenses, shall provide for: (I)Maintenance of the Common Area. Maintenance of the Common Area shall include, but shall not be limited to, fertilizing, treating any Lakes, mowing and replanting when necessary of the grass and trees and maintenance of any other improvement within the Common Area; (ii) Maintenance of the entry signs, permanent subdivision identification sign, and landscaping installed by the Declarant in any Common Area, or any Landscape Easement, Landscape Maintenance Easement, Landscape Maintenance Access Easement or similar easement; (iii) The maintenance of any street lights which are installed by Declarant and which are not located upon any Lot; and, • • (iu) The maintenance of any brick surface installed by Declarant on any internal,street or•entryway. (v),Storrnwater BMPs, as.discussed in Section 3.13 of this.Declaration. The Board 3of Directors may adopt such other'lrules and regulations concerning maintenance, repair, use and enjoyment-of the Common Area owned'by the Association (or any items deemed Common.Area for purposes of Maintenance only) as it deems necessary. (b) Notwithstanding any obligation or.duty of the Association to repair or maintain,any of the Common Area owned by the Association (or any items deemed Common.Area for purposes of maintenance only), ie due to the Willful, intentional or negligent acts or°omissions,of an Owner or:a member of his family or of a guest, tenant, • invitee:or other occupant or visitor of such Owner, damage sha11,be caused to the Common Area oiled°by the Association (or any items.deemed as such for purposes of • maintenance only),'orif maintenance, repairs.or replacements shall be.required thereby which would otherwise be at the Common Expense, then.such Owner shall pay for such damage and such'maintenance, repairs and replacemnts,as may be determined by the Association, unless such loss is,covered by the Association's insurance with such policy having a waiver of subrogation clause. If not paid by such Owner upon demand by the Association, the cost of repairing such damage shall be added to and become a part of the assessment to which such Owner's Lot is subject. (c) The authorized representatives of the.Association, the Board of Directors and the Managing Agent for-the Association (if any) are hereby granted an easement for access upon and to any Lot as may be required in:cor�nection with maintenance only, repairs or replacements of or to the Common Area owned'by the Association or any items deemed,as Common Area..for purposes of maintenance only, including,'but not limited to, access to;any easements reserved by any Plat of any portion of the Property for such purposes. ARTICLE VIII Insurance . • Section'8.1 Liability Insurance. The Association shall purchase a master comprehensive general`liability insurance policy in such amount or aniounts as the'Board of Directors shall deem appropriate from time to time. Such comprehensive general liability insurance policy shall cover the Associatioi its Board of Directors, any committee or organ of the.Association or Board of Directors,,all persons acting or who may come to act as agents, or employees of any of tl%e foregoing with respect to the Association. It shall also cover all common Area owned bythe Associations,public ways-and any other:areas under the Association's-control or supervision. The premiums for all such liability policies shall be a Conimon Expense. • Section 8.2 Fidelity Bonds. The Association shall have blanket fidelity bonds for anyone who either handles or is responsible for funds held or administered by the Association, whether or not they receive compensation for their services. The Association bonds shall name the Association as the oblige and the premium shall be paid as a Common Expense by the Association. Any management agent that handles funds for the Association shall be covered by its own fidelity bond, which must provide the same coverage required of the Association. The Association shall be named as an additional oblige in the management agent's bond. The fidelity bond shall cover the maximum funds that will be in the custody of the Association or its management agent at the time while the bond is in force. In addition, the fidelity bond coverage must at least equal one (1) year's assessments on all Dwelling Units in the Property, plus the Association's reserve funds. If available, the fidelity bonds must include a provision that calls for ten (10) days' written notice to the Association or insurance trustee before the bond can be canceled or substantially modified for any reason. Section 8.3 Miscellaneous Insurance Provisions. The Association shall obtain any other insurance required by law to be maintained, including but not limited to.workmen's compensation insurance, and such other insurance as the Board of Directors shall from time to time deem necessary, advisable or appropriate. Such insurance coverage shall also provide for and cover cross liability claims of one insured party against another insured party. Such insurance shall inure to the benefit of the Association,its Board of Directors and any managing agent acting on behalf of the Association. The premiums for all such insurance coverage shall be a Common Expense. • Section 8.4 Casualty and Restoration. Damage to or destruction of any Common Area actually owned by the Association due to fire or any other casualty or disaster shall be promptly repaired and reconstructed by the Association and the proceeds of insurance, if any, shall be applied for that purpose. The same obligation shall apply to an Owner, and not the Association, for damage or destruction to the Owner's Dwelling Unit. For purposes of this Section,repair, reconstruction and restoration shall mean construction or rebuilding of the damaged property to as near as possible the same condition as it existed immediately prior to the damage or destruction, with the same or a similar type of architecture. Section 8.5 Insufficiency of Insurance Proceeds. If the insurance proceeds received by the Association as a result of any such fire or any other casualty or disaster are not adequate to cover cost of repair and reconstruction, or in the event there are no insurance proceeds, the cost for restoring the damage and repairing, and reconstructing the Common Area actually owned by the Association or any improvements damaged or destroyed (or the costs thereof in excess of insurance proceeds received, if any) shall be paid by the Association which shall then have the right to levy a Special Assessment against all Lots for such deficiency. Section 8.6 Surplus of Insurance Proceeds. In the event that there is any surplus of insurance proceeds after the reconstruction or repair of the damage has been fully completed and all costs paid, such sums may be retained by the Association as a reserve • or may be used in the:maintenance and operation of the Property. The action of the Board'of Directors in,proceeding to repair or reconstruct damage shall not constitute a waiver of any rights against any Owner for committing willful or malicious damage: ARTICLE IX Mortgages Section 9.1 Mortgagee Rights. In addition to any other rights provided elsewhere in this Declaration to mortgagees, any lender or lenders,tholding a first mortgage or first mortgages upon any Lot or.Lots, jointly or singly; may pay any real estate taxes or other against any Common Area owned by the Associati:onior any other property owned by the Association; and may pay any overdue premiums on any hazard, casualty, liability or other insurance policies or secure new insurance coverage on the lapse of any policies for any such property owned by the Association or covering any property for which the Association has an obligation,to maintain insiirance-Coverage. Any such lender or lenders making payments in accordance with this Section shall be entitled to immediate reimbursement therefore from the Association along with any costs incurred,including reasonable attorneys' fees. Section 9.2 Notice,to Mortgagees. The Association,upon request, shall provide to anylendet holding-a-:first mortgage upon any Lot,.a written certi-ficate or notice specifying unpaid assessments and other defaults of the Owner of such Lot, if any, in the performance of such Owner's obligations under,this Declaration, the Articles of hicorporation of,the Association, its By-Laws or any,other applicable documents, which default has not been cured within sixty(60) days. A reasonable charge maybe made by the Association for the issuance-of any such certificate or notice, and any such certificate properly executed by an officer of the Association,:shall be binding upon the Association, as provided in this Declaration. Section 9.3 Condemnation and.Insurance Awards. No provisions of this Declaration, or any amendment thereto; shall give,an'Ownei;'or any other party, priority over any rights of the,first;mortgagee of a Lot'pursuant to itsinortgage:in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or .a taking of Common Area property. Section 9.4Rightof"First Refusal..The Association DOES NOThave the "right of first refusal"to purchase any:Dwelling Unit. Any right.of"right of first;refusal" subsequently granted to the Association through amendment of:the Declaration, Association Articles, Association By-Laws or any other document governing the development and.administration.of the Properties must receive the prior written approval of the Federal Housing Administration or Secretary of the;'Department of Housing and Urban Development. Any "right of first refusal" subsequently added in the Declaration, Association Articles,Association By-Laws or any other document'governing the development and administration of the Property must not impair the rights of a first mortgagee to: . • (a) Foreclose to take title to a Dwelling Unit, and the Lot upon which the Dwelling Unit is situated, pursuant to the remedies in the mortgage; (b) Accept a deed or assignment in lieu of foreclosure in the event of default by a mortgagor; or (c ) Sell or lease a unit acquired by the mortgagee. Section 9.5. Unpaid Dues or Charges. Any first mortgagee who obtains title to a Dwelling Unit, and Lot upon which the Dwelling Unit is situated, pursuant to the remedies in the mortgage or through foreclosure, will not be liable for the Dwelling Unit's unpaid dues or charges accrued before the acquisition of the title to the Dwelling Unit by the mortgagee. ARTICLE X General Provisions Section 10.1 Right of Enforcement. In the event of a violation, or threatened violation, of any of the covenants, conditions and restrictions herein enumerated, Declarant, the Association or any Owner and all parties claiming under them shall have the right to enforce the covenants, conditions and restrictions contained herein, and pursue any and all remedies, at law or in equity, available under applicable Indiana law, with or without proving any actual damages, including the right to secure injunctive relief or secure removal by due process of any structure not in compliance with the covenants, conditions and restrictions contained herein, and shall be entitled to recover reasonable attorneys' fees and the costs and expenses incurred as a result thereof. Section 10.2 Severability and Waiver. The Declaration shall be enforceable to the fullest extent permitted at law or in equity. Invalidation of any one of the covenants, restrictions or provisions'contained in this Declaration by judgment or court order shall not in any way affect any of the other provisions hereof, which shall remain in full force and effect. No delay or failure by any person to enforce any of the restrictions or to invoke any available remedy with respect to a violation or violations thereof shall under any circumstances be deemed or held to be a waiver by that person of the right to do so thereafter,.or as estoppel of that person to assert any right available to him upon the occurrence, recurrence or continuation of any violation or violations of the restrictions. Section 10.3 Assignment. Declarant may at any time assign some or all of its rights and obligations under this Declaration. Such assignment shall be effective after it is executed and recorded by Declarant with the Recorder of the County in which the Property is located. After such assignment is recorded with the Recorder of the County in the which in the Property is located, Declarant shall have no further obligations or liabilities.under the Declaration with respect to the rights or obligations assigned. ' I • Section 10.4 Amendment. This Declaration and the..covenants,, conditions and restrictions set forth in this Declaration, as from time to time amended in the manner hereafter'set forth, shall run with the land and shall be binding upon the persons owning any portion of the Property and all parties closing under them. This Declaration may be amended or modified at any time by an instrument recorded in the Office of the.Recorder of the County in which the Property is located,approved and signed by at least seventy- five,(75%),of then Owners. Provided;however, that none of the easements,rights, or duties of Declarant reserved,or set out hereunder may be amended or clanged'without Declarant's prior written approval. Except as prohibited in the paragraph immediately below, the Declarant reserves the right and power to amend this Declaration without the approval Of the Owners: .(I) to correct or clarify the legal description of the Property or the.Additional Real Estate; (ii) to'correct clerical or'typograplical.errors; (iii) to make nominal changes in the Declaration; (iv) to the extent necessary to conform to any requirements imposed or requested by any governmental agency, public authority or financial institution (including the U.S.;Department of Housing and.Urban Development, the U.S. Veterans.Administration, Federal National Mortgage_Associati'on,Federal Home Loan Mortgage Corporation, or similar agency); or(y) to the extent necessary to enable the Declarant to meet any other reasonable need or requirement,including those associated with,the completion of the;development of the Property and to facilitate the making or marketing of,first mortgages upon any dots. Any amendment must be recorded. Neither the Association, the Owners or Declarant shall affect any of the following changes without the prior Written approval of two-thirds (2/3) of the Owners of Lots (excluding Declarant'or Builder): (a) By act or omission seek to abandon,partition, subdivide, encumber, sell or transfer the Common Area owned directly or indirectly by the Association for the benefit of the Owners of-the Dwelling Units. The granting of easements for public utilities or other public purposes consistent-with the intended use of the Common Area owned by the Association by the Dwelling Unit Owners is not a transfer in the meaning of this clause; (b) Fail to maintain fire and extended coverage on insurable Common Area owned by the Association on a current,replacement cost basis in,an amount:at least one hundred percent (100%) of the insurable value (based on current replacement costs); (c )Use hazard insurance proceeds for losses to any Common,Area owned by the Association for other than the repair, replacement, or reconstruction of the.Common Area owned by the Association:, Section 10.5 HUD Amendment Approval. Ai ll other provisions of the Declaration, Association.Articles, Association By-Laws or any other document. governing,the development and administration of the Propertytotwithstanding, so long as there is a Class B membership,the following actions will require°the prior approval of the Federal Housing Administration or Secretary of the Department of Housing and Urban Development: (a) Annexation of additional properties other than the Additional Real Estate; (b) Dedication or Mortgaging of Common Area; and (c ) Amendment of the Declaration of Covenants, Conditions and Restrictions. Section 10.6 Condemnation, Destruction or Liquidation. The.Association shall be designated to represent the Owners in any proceedings, negotiations, settlements or agreements for the handling of any losses or proceeds from condemnation, destruction or liquidation of all or a part of the Common Area owned by the Association, or-from the termination of the development. Each Dwelling Unit Owner, by his acceptance of a deed, appoints the Association as his-attorney-in-fact for this purpose. Proceeds from the settlement will be payable to the Association for the benefit of the Dwelling Unit Owners and their mortgage holders. Any distribution of funds in connection with the termination • of this development shall be made on a reasonable and an equitable basis. IN WITNESS WHEREOF, , an Indiana limited liability company, has caused this Declaration to be executed as of the date first written above. An Indiana limited liability company By: STATE OF INDIANA ) SS COUTNY OF HAMILTON Before me the undersigned, a Notary Public in and for said County and State, personally appeared , a Member of , an Indiana limited liability company, and having been duly sworn, acknowledged execution of this Declaration of Covenants, Conditions and Restrictions of the Lakes At Towne Road III Subdivision. Witness my hand and Notarial Seal this day of 20012 My Commission Expires: Notary Public Residing in County Printed Name • � I . I II • • • Conn, Angeliina'V From: Dierckman, Leo [Leo.Dierckman @opco,com] Sent: Tuesday, February 21, 2012 9:49 AM TO: Conn, Angelina V Subject: Attached is the draft HOA document, tha n_ ks Attachments: Declaration and CCR Lakes.Ill.doc Leo J'. Dierckman Senior Director . Portfolio Manager Oppenheimer Investment Management LLC 630 W. Carmel Drive, Suite 250 Carmel, IN 46032 P (317) 843-3603 • C: (317) 379-6400 F:'.(317) 843-3699 • www:oppenheimlerim.com • P y y ay contain information that is confidential or privileged. If this communication has been This communication and any files to received in error, lease delete or destroy it immediately. Please gO to www.opco.com/EinailDisclbsures • { I • • 1 • • •"' •-•• MOW .I • . ENGIN •EE�'R .S. Lahti SuruE rnea:i£ I rIl Eynon t rin . t�, rrt::_t,. • • Byidd 1141h r o iklienee7 , TRANSMITTAL • To: Carmel AT&'T Project:. The Lakes at Towne Road III•5858 N College Ave •- . . : Job#~,. WI20014 • • Indianapolis, IN 46220 -Phone:. 317452-4275: • Mn:• Steven krebs Fax i, • Date: February 17, 2012 Re TAC Submittal We are sending you E Attached ❑ Underseparate cover via LISPS thefoll'owing items: ❑ Shop Drawings ❑ Prints ❑ Copy of Letter Product Data ❑Specifications ❑ Meeting Minutes ❑ Samples ! ❑Change,Order(s) - ❑ Inspection Report El ❑ Sketches/Drawings ❑Application(s)for Payment • • ❑ Sets Document Document V Description El Copies Date Number • 1 Primary Plat • These are transniitted,asiindicated'below: ❑Approved ❑For Your Review or Use. ,❑Approved as Noted For Your-Review&Comment ❑NotApproved, Revise and-Resubmit ❑As Requested El Action Not Required ❑ For Your Records ❑Action Indicated on Item Transmitted ❑ For Your Approval_ ❑For Signature. Return Copies to Us ' ❑ • Remarks: Please call With any questions. Thank.you By: Edward E! Fleming cc: 10305 N.College Avenue Irdievrapalis,IN 46280 wcifrc.net l' Yi h....66 11 XlO" 452 6405 Fax:3 1 i 8=33-._0546 Allan;,H.Weihc,PE..I .--President • • H 0111 -WEI - - , • • • EN0G ,INEERS. • . • Lind i rscy q C,vll cagllreeriins • B w;rfilt cr'ada�f� «'�t,r�c • TRANSMITTAL • • To: Brighthouse Networks Project The•Lakes at Towne.Road III _ I . 30-30 Roosevelt Avenue Job#: W120014 • Indianapolis, IN 4621'8- Phone: 317-632-9077 x=291' Jason.l rianar Fax: 317-632-5311 Date: February 17 2012 Re: TAC Submittal We are sendin g you Attached ❑Underseparate cover via USPS the following items: ❑ Shop.Drawings ❑ Prints ❑'Copy of Letter ❑ Product Datd ❑ Specifications ❑Meeting Minutes • Samples ❑ Change,Order(s) ❑ Inspection Report { 111'Sketches/Drawings ❑Application(s)for Payment ❑ Sets, Document Document, Description E:Copies Date Number 1 Primary Plat • • These ate transmittedas<indicated'below: ❑Approved El.For Your Review or Use 111 Approved as Noted For Your Review&Comment Not Approved,Revise and Resubmit ❑-As Requested ❑.Acton Not Required El For Your Records ❑Action_Indicated ❑,on Item Transmitted For Your Approval. ❑For Signature. p u e Rtrn Coies to Us ❑ . Remarks: Please call with any questions. 'Thank you. 1 By: Edward El Fleming cc: ) I 050 N.Coll�ge.Avenue 4 Indianapolis,IN 46380 ! ,eihe.net ! 317 1 846 66!I 51)0!452 .6408 Fax:?I 7 1 543—0546 Allan H.Weihc,FF..,I_.S.—P„irsidrm • LOT 1—BLOCK A part Quarter Quarter of Section 2 -Townshi 18 North_ Range 3,East. ..: A; art of the.Northeast uarter of,the Northeast Q 2,.,Township, of the Second Principal:Meridian, Washington Township, Hamilton County,.Indiana, more particularly. • i described as",follows: , Commencing at the Northeast corner of the Northeast Quarter.'.of'said'Section 2,Township 18 North, Range 3 Eas thence South 00 degrees 34 minutes:2=5 seconds East(basis,of bearings)on and along the East-line of said Northeast Quarter 561,88 feet to the"Point of Beginning;thence"South 26 degrees 37 • minutes 59'seconds West 85.36 feet; thence:North 71'degrees-28-minutes'50 seconds West 38.87-feet; thence North 00 degrees 11 minutes 36'seconds.-West 61.22 feet; thence North-1'8 degrees 14 minutes 43 32.06 feet,thence,North-06:degrees 19minutes 55 seconds West 24.38 feet;thence North 42 degrees'44`minutes 50 seconds West 27..80 feet;thence North 76 degrees.35 minutes 31 seconds West 35.64 feet; thence South 53-degrees"45 minutes 55 seconds West 41.08 feet; thence South 83 degrees 24 J. , g West 46.96 feet; thence South 88 degrees reest156m minutes"27 seconds Wet 44.70 feet;Thence South 49 degrees 59 minutes 12 g � g seconds'West,31.21 feet; thence South 34 degrees.30 minute 05 seconds West 64.44 feet;thence South 10 degrees 18 minutes,36 seconds,,West 82.89 feet;thence Suth.03 degrees"47 minutes'05 seconds West 86.54 feet; thence South 01 degrees 10 minutes 05 seconds:East 49.15 feet; thence North 88 degrees 13 utes!58 seconds East 70:91 feet; thence South 62 degrees 08 minutes seconds East 6L29 feet; the nce North 40 degrees.57 minutes 54 seconds East 128.26 feet;thence North 61 degrees 55 minutes 00 seconds1 East 189.87 feet;,thence North 4.7 degrees 02 minutes-15 seconds East.35.1.3 feet;thence North 00 degrees'34 minutes 26 seconds West 66.80 feet-to the Point of Beginning; containing 1.936 acres more or less. • 4 � , . • - • . . ... - . . . .. . . Lli . EIHE . .,...... • . E.NsGINEERS , - - •- - . . . . Land Surveying 1 Civil Engineering . . • . ‘ • I_aildsciape Alctiiiecti.ire .., _ . . . • • B u 1 14' PI i I'll ( o n ta rie,n e e'." . • , .. . .TRANSMITTAL . • , . . • [ To: Carmel City Utilities . . Project The Lakes at Towne Road III • . . . 760 Third Avenue SW .. • Job'#: W120014 • . • . . . , . ' • Carmel, IN 46032 - . . Phone: 317-632-9077-x 291 . . . „ Attn: John Duffy . . Fax: 317-571-2642 . .. - • ? • Date: Februdry 17, 2012 Re:: TAC.Submittal , I . 1 We are sending you Z Attached 11]'Under separate cover via USPS the following,items:. El Shop Drawings 0 Prints El Copy of Letter El,Product Data S 0 Specifications El Meeting Minutes 'El Samples ID Change Order(s) 0 Inspection Report El 0 Sketches/Drawings El Application(s)for Payment 0 Sets Document DOcuthent Description Z Copies ' Date Number I 1 , Primary Plat , 1 These are•transmitted as indicated below: 0 Approved lil For Your Review or Use , 0 Approved as.Noted Z For Your Review.& Comment 0 Not Approved,Revise and Resubmit [1]As Requested 0 Action Not Required 0 Fbr Your Records .,. 0 Action Indicated on Item Transmitted 0 For Your Approval 0 For Signature. Return Copies.to Us 111 1 I 1 1 . . ' I I Remarks: Please call with any questions. Thank you. I I I , i By:.Edward El Fleming cc: I 10505 N College•Vcite ' Indlanapolls.IN 46280 l \sell-lc:net. • 317 I 846 6611 800 452 6408 • Fax 1171 843 0546 i Allan H.\kettle l'i' 1 S —1.10.,•okcil i . , • . I 1 N G-fN R S: • ' - Land„Sunieying 1.CMIEngjneOing , . . , .• arxiscipe ArctliteritFe . . ' Build n . • • • • , • TRANSMITTAL • - • . • To: Cannel'Clay CommunicatiOns' • Project The Lakes at Towne Road III • ' • • 31 First Avenue NW Job# w120914 Carmel, IN 46032 • , Phone '317-571-2586 • Attn . . •Bill Akers • • • Yak 317=p7.12585. • Date: February 17, 2012 Re: TAC Submittal We are sending you In'Attached 'Undo-separate cover via USPS the following items: 'Shop Drawings 0 Prints El Copy'of Letter [1 Product Data •JD'Specifications Meeting Minutes _samples 0 Change Order(s) 0 Inspection Report ,0;Sketches/Drawings Application(s)for Payment Z Sets Document Document Description Z Copies Date Number 1 Primary Plat 'Tbese:are transmitted asindicated below: Approved For Your Review or Use • [1]Approved as Noted len For Your Review&Comment 0 Not Approved,Revise and Resubmit [1,As'Requested Action Not Required 0 For Your'Records • 0 Action Indicated on Item Transmitted 0 For Your Approval 111 FO Sighattie. Return Copies to Us Remarks:-Please call with any.questions. Thank you. By Edward E; Fleming cc 10505 N College Avenue Ifidianappli's.IN 46280 I Nkell),..net l 317 I 845•-6611 800 452 6408 Fax:317 843 0546 Allan H Ware,P6.,I S - 1 1 .. 1 - •. , -... . . . . . • ` •. ... . . .. . • ...'.- ••-: ••••• : -,'H. :• • -• -.' •41'" WEITIE- • . • - - .. • -'-... .• • ... •,, . . . . • . • • ... ... : E N ..G 'I N E. E R S . . , . • , . • . • .. . • • . - . . . • Land Suryeyingfe= Enginedring . . „ • L'al td ,...:..L-i'w,./-‘i d it.catift; i • sti If i'L(1 1.1',"/It c,o n li,d re n . . • . . . • - . - II •• ' • TRANSMItTAL. • . . . . .. . .. . . . , • : : . - • . • To • Carmel/Clay Parkt Departnient•. • .Project The Lakes at Towne Road lll. - . 1 . . . • . . . __ • , , . . • • . _ " • -,..1411. E.-11.6 Street , - -. • Job#: W120014 • • ' ' • : - . . . - • 'Carmel,IN'46032 • - • - .. Phone: !317848-7275 . •' - • - ' . •: . • Attn:. MarkWettermeier - '. •• . . • Fax 317-57172468 - .:: •-• . - ' •• . , . . . . Date: February 17, 2012 . Re: TAC Submittal . 1 • We are sending you rj Attached 0 Undo-separate cover via USPS the following items: 0 Shop Drawings 0 Prints 0 Copy of Letter ID Product Data El Specifications ' 0 Meeting Minutes Samples ; 0 Change-Order(s) ,0 Inspection Report 0 El•Sketches/Drawings .0 Application(s)for Payment , • , • • Sets Document Document I Description Z Copies Date Number 1 1 : Primary Plat 1 1 . ( 1 ' 1 . I . , Theseiare-transmitted as indicated below:: ' 0 Approved For Your Review r Use . . El Approved aSNOted [g]'For Your Review. &.COmment 0 Not Approved,Revise and-Resubmit 0 As Requested • 0 Action Not ReqUifed 0,ForYour Records i 1 El Action Indicated on Item Transmitted 0 For Your Approval El For Signature. .Return Copiesto Us . • .Remarks: Please call with any-questions. Thank you. -11y: Edward E.' Fleming cc: • 10505 N College A■gnile ; liidiallaNIN.It 4628(1 i ,,,eihemei l 317 I 546 -661,1 .500 I 452 -6408l I Fax:317 l 543 -0546 Alkin'H Wale,P.O.,I 5 - I resident . ' , • , • . . • - 1 . . l 1 1 •, , . 11 ,, . • WEITIE . • . ' • ' - ' • . _ . . • 1 . .E N..G .I -N..E.E R S - . • . . . - . . . ..• . ., . . - . • i Land Surveyg LOW Ennecripg .-' .. . • .. Latlq§ce,P4hitect.f.lrp. ' . . . . - f • . • . ■ . ,. '• B u i l d w,i viz a,n,f idx.r i.c•! • TRANSMITTAL " . . . . . To Carmel Clay Schools - • Project: 'The:Lakes,at Towne Road III 5201 East 131st Street • . . : - . : _ JOb-#: W120014 . .., 'Catniel,,,IN'-46033 , '• - ,-' --Phone: • 117=844-9961.- - . . . . . .. Attn: Ron Farrand . , Date: February 17, 2012 . .Re... ' TAC Submittal 3 1 We are sending you E Attached 0 Under separate cover via USPS the following,items: 0 Shop Drawings E Prints 0 Copy of Letter E Product Data 0 Specifications • 0 Meeting'Minutes E Samples I 0 Change,Orcler(s) • 0 Inspection Report 0 I 0 Sketches/Drawings "I El Application(s)for Payment ' 1 0 Sets ! Document' Document Description E Copies Date, Number 1 Primary Plat 1 . , These are'transmitted as indicated below: 1], pproved, Edr.Your Review or Use 0 Approved as Noted [Z]For Your Review&,Comment • 0 Not-Approved,Revise and Resubmit 0 As Requested 1 El Action Not Required 0 For Your Records ElActibn indicated on Item Transmitted El For'Your Approval J D For Signannie. Rettifh Copies to Us 0 I 1 I 1 Remarks: Please call with any questions. Thank you. 1 1 . i By Edward E. Fleming cc: 0505 N.CollgerrAx'enue I 111,11E11'4°11s.IN 46280 '• ,xcille net I 317',gill-,- 6611 ' 01),452 •640Ii 1 fax:317 1 843-0546 Allan H.Welk:,PE,L.S. -,11're;t6ent 1 . 1 . • • . . ' ' 1 i ! , .. .111m- WEIHE , . - s --. - - . - • — - . . . . . . . .. . . • • • , . . ,. 'ENGINEERS .. -. . - - . .• • Land.8utNeying 1;civil;Enainecring . . • . • • . . L..andiur,13e-Aici niecti.re .. . . ,• : , . - , - . , • • 'B u=i 1 ri w.i i,li, c o n ji(re iii eY: - , , . . • ,., , 1 . . • , . . • . . TRANSMITTAL' . : . . . . 1 . . i • To: Carmel.Street Department Project The Lakes at ToWnet Road III . 1 . . „ • , . .• .. 3400W,.131st .. ' •. -Job#: *120014.- - -, - • - - , . . . Westfield, IN 46074- :'-- • ' • " ,Phone: 317-733-2001 - . • - . . .• Attn: Dave HUffrnan ' • ' . • Fax: ' • 317-733-2005 ' • ' -..' ' . • . " • . . . „ . . 1 . . Date:. February.17, 2012 Re: TAC Submittal yVe are sending you Z Attached O Under Separate cOver via US PS.the following items: [11 Shop Drawings LI Prints , 0 Copy of Letter 0 Product Datd LI Specifications III Meeting Minutes 0 Samples ill Change Order(s) [' Inspection Report 0 0 Sketehes/Drawings ' - 0 Application(s)for Payment 0 Sets Document Document Description _[E] Copies Date Number 1 Primary Plat - i . i Tliese;aretransmitted.as indicated below: Approved o f or-Your Review or Use ,0 Approved as Noted [S] ForYour Review&Comment - 0 Not Approved;Revise and Resubmit As Requested oAction'NotlfeOuired 0'For Your Records , o Action Indicated on Item Transmitted o For Your ApproVal, El For Signature: Return ,Copies,to Us 0 I I I Remarks: Please call with any questions,. Thank you. i • By: Edward E Fleming cc: • 10595 N College Avenue I Indianapolis.IN 46280 I VoCille Het 1 317 I 8,6 -661'1 1:10.0,452• 6408 i Fax:317',843 0546 Allan H \Vedic,01-1,I S --Nesidern• . • . • . 1 . 1 l l WWEI}{E : . - - :' . : - -- • . EN `GIN -EE•RS . __. - , . . .• : . ' • Land S€rreyrng•I 4 Iv'Engine eq _ • . • • L tai' i .z� i s �atl r; I • I • . Ru tcl�� t+�i-tk cu,ni't•rdence':"" : • TRANSMITTAL . .. To: • City,of Carmel'-Information.Systems: Project The Lakes,at Towne Road III • ' Three Civic:Square •. _ Job-#: W120014 ' • Carmel,IN 46032 - •. - • - • - Phone. •.317-571-2565 - ' Attn:- Terry Krueskamp • Fax: .-. :311.7-57 1 2568 . Date: February 17, 2012 • . • Re: TAC"Submittal We.are sendin i' ou Attached Under se arate cover via,'USPS'thefollowin items: g`Y ❑ p g. ❑:Shop Drawings ❑ Prints + ❑Copy of Letter Product Data Or Specifications ❑ Meeting Minutes ❑ Samples i ❑ Change Order(s) ❑ Inspection Report ❑ I ❑ Sketches/Drawings ❑Application(s)for Payment ❑'Sets Document Document Description ` E Copies Date Number 1 Primary Plat . _ These are transmitted as indicated below: 111 Approved ❑ForYour Review or Use ' ❑Approved as Noted Z For Your Review&Comment ❑NotApproved,Revise and Resubmit ❑As Requested ❑Action Not Required ❑For Your Records ❑:Action Indicated on Item Transmitted ❑ For Your Approval ❑.For Signature. Return Copies to Us ❑J ,i ' Remarks: Please call With any questions. Thank you. By:'Edward E Fleming tc-: 10505 N.Cbl legc".9vcnua 1 ,Indianapolis.IN 46280 Ncihcrict { 317 I 846--661'1 800 •#5' 6408 I Fax:?I 7: 343—0546 " Allan H Weihc.I h.I S.=Ilresident . 1 I, I , 1 q _ . i , . , . .. • , . . ., . • . . . . . • E N G, I N E ,E It S • - - ' .. l• . • . -. •. .. .._,, ? • • .. Land SurveyindTCO'E:ndipeennd • • - • Lan'idcape Arch itectO re . . -. . „....... . ... • - . - , 1.1'1 1 4-1 ri w i I h i.:'on 1 i(1,-',/i'v tf',' • "' . ' . : . . 1 - ... . • , , . .. . 2 :TRANSIVIITTAL . . . . • . . . . . • I ., To:, - Carmel Building &Code Services - PMject • The Lakes at Towne Road Ill . . • , .': . ..... . One Civic Square • kb#: :W120014 • . ' . • . , , . • . s. Carmel, IN 46032F. • . ' ' ' 'phone: -.317.:571:2444.': - . •• - . • • '. - • Attn Bill Hohlt • . . - , - Fax: 317=5712499• - - • . . . . • -Date: February 17, 2012 ' Re: TAC Submittal 1 i We aresendingi.you El Attached Ill Under cover via USPS the following items: 0 Shop Drawings 0 Pririts III Copy of Letter 0 Product Data D Specifications 1:1 Meeting Minutes O Samples i 0,Change Order(s) 1, EInspection Report O ! 0 Sketches/Drawings 1 0 Application(s)for Payment ■ • I , 0 Sets Document , Document Description 1 Z Copies Date Number I i 1 Primary Plat 1 .1 = i These are transinitted as indicated below: 0 Approved, 0,For Your Review or Use 0 Approvedas,Noted Z,,For Your,Review&Comment DI■lot Approved, Revise and Resubmit 0 As Requested Your Records 0 Action Indicated,oft Item Transmitted 0 For YOUr Approval '0 For Signature. Return copies to Us 0 I Remarks: Please call with any questions. Thank you. . 1 i By:.Edward E. Fleming cc: • i ' 1 10505 N.College Avenue Indian:111011s.IN 46380 ' weibc net 317•1 8146 6611 ' 5001.452 -6408 i Fax:317 843 0546 Allan H Wale,HI:...I 5 —1)resii.rent . , - " • ' $ WEIHE - • N G I 'N .E E R S•• • Lajid Surveying Ci En$inotting . . - • . • LandSC$pe.i .C?!:$$.4re • • B ir I ct -c 011,1 e$$i- • • TRANSMITTAL • r • • - • • • To: -ljeban.Forestry- DOGS . project The-Lakes at Towne Road III • • • One Civic Square, 31T1 Fir • Job#:, W120014 . . . Carmel, IN; 46032 •• ' . Phone r 317=571-2478' ' • - = Attn: Daren Mindham •• Fax 317;6714426 • • Date: February 1.7, 2012 Re: TAC Submittal Weare sending you Z Attached Under separate cover via USPS the following items: 0 Shop Drawings LI Prints I 0,Copy of Letter 0 Product Data El'Specifications El:Meeting Minutes El Samples El Change Order(s) Inspection Report .Sketches/Drawings Application(s)for Payment ID Sets Document Docament Description Z Copies Date Number 1 Primary Plat These atoransmitted as'indicated below: 0,Approved' 0 For Your Review or Use El Approved.asNoied Z For Your Review& Comment El Not Approved,Revise and.Resubmit El As Requested El Action Not Required 0 For Your Records • El Action Indicated on Item Transmitted For Your Approval LI For'Signaturie. Return Copies to Us LI Remarks: Please,call with any questions. Thank you. By:,EdWard E. Fleming cc: 10505 N.College$$einte ;Indianapolis.IN 46280 weihe.nei 317 I 546 ,6611 500 452— 6405 Fax:317 543 0546 Allan H.Weihe.RE L.S. President 1, E N G I• WEIHE . . - - N •E ,E R 'S. . . L lei Curvcying l•Civii Engineering <•a,€tdscapeg Atrhit'ecttyr Build uiiIr i.;,?'ftf cr!crircr'':" TRANSMITTAL • • • - To: . Duke Energy • Projects • The Lakes at Towne Road III 16475.Southpark Drive . Job# X120014.• Westfield, IN 46074 ' Phone: 1317-896-6711 . Attn Shirleyilunter . Fax: : -,317$96-6712. • • Date: February 1.7, 2012 Re: . TAC'Submittal We'are sending you [ZI.Attached ❑ Under'separate cover via.USPS the following items: ❑ Shop Drawings ❑Prints ,❑ Copy of Letter ❑ Product Data ❑ Specifications ❑Meeting Minutes ❑ Samples ( ❑ Change Order(s) ❑ Inspection Report ❑ ❑ Sketches/Drawings ❑Application(s)for Payment ❑ Sets Document Document Description E Copies i Date Number 1 Primary Plat Theseaare transmitted.asindicated below: ❑Approved ❑ For Your Review or Use ❑Approved as Noted El For Your Review&-Comment Not Approved,Revise and Resubmit ❑As'Requested ❑Action Not Required ID:For YourRecords ❑Action Indicated on Item Transmitted ❑ For Your Approval ❑ For Signature. Return Copies to Us ❑ • Remarks: Please call'with any questions. Thank-you. y: Edward E Fleming cc: 10505 h:.Coll ge Avenue Indianapolik IN 46280 weihe.net I 317 I 846 6611 800'1'452 -640/1 1 Fax:317 843-•05-46 Allan H.Weihc_PE 1_.S.--1res deul • • , . • ' ' , . •• - „ . . . -.. .. - ' : - . '' - . -: Ili WEIHE . - : - : . , ... . • . .:E .N G.I IV,. E. ER'S •.. . • • ...• .Lartd'Suricytrs ;C =,, Engineerinic . • Landscape Atcllitec tore .•Build rf w+.i.t,'Ii' < <�ri:f`i ti,,e ri,c e'" • TRANSMITT .. • To' 10fficeof Fire Chief;'Fire Station#1 Project The.Lakes;at Towne,Road III Two Civic Square. .. ,• : Job#' 'WI20014 Carmel, IN 46032 - _ Phone: 317=571=2600 - - ,Attn: Chris Ellison., . : Fax: , :317-571-2615 • Date: February 17, 2012 Re: - TAC Submittal l •We.are sending you 1,ZI Attached Under separate cover.via,USPS the.following items:. ❑,Shop Drawings Prints '1 ❑ Copy of Letter El'Product Data ❑ Specifications ❑ Meeting Minutes ❑ Samples I ❑Change Order(s) El Inspection Report ❑ ❑ Sketches/Drawings ❑Application(s)for Payment ;Sets Document Document Description, Z Copies Date Number 1 I Primary Plat I' 1. I 1 These are transmitted.as:indicated below: Approved For Your Review or Use El Approved as Noted For Your Review&Comment •❑Not;Approved,.Revise and Resubmit ❑As Requested ❑Action Not Required• ❑ For'Your:Records ❑Action Indicated on Item Transmitted ❑ For Your Approval ❑For Signature. Return Copies to.Us Remarks: Please call with any questions. Thank you. By:'Edward E. Fleming cc: • 10505 N.College Avenue i Indianapolis.IN 46280 1 weihc.iiet 31:7 1 5146 661'1 500'I'452 '6408 ,Fax:3171 343--0546 • All m AV H. d e,PE I .—I'residci i I 1 • ENGINES ' S • R' . • >i yln Cs ft nct e rii q 1{rciT.,ct with tonfidenc•e'`-_. TRANSMITTAL To: Hamilton County Health.Department Project:. The-Lakes at Towne Road-Ill. • 18030 Foundation Drive,'Suite'A Job#. :WI20014 • • Noblesville;:IN 46060 Phone: - :317=776 8500 Atm Jason Lemaster Fax: 317476-8506 • Date: February 17, 2012 Re:. TAC Submittal We are=sending you,Z Attached ❑Under,separate.cover via USPS the following items: ® Shop Drawings ❑ Prints ❑ Copy of Letter ❑Product Datd ❑ Specifications ❑Meeting Minutes ❑ Samples ❑ Change Order(s) ❑ Inspection Report ❑ ❑ Sketches/Drawings ❑Application(s)for Payment ❑ Sets Document Document Description Copies Date Number 1 Primary Plat - I � These are:transmitted as indicated•below: D.Approved' ❑For Your Review or Use ❑Approyed,asNoted ILI For Your Review& Comment ❑Not Approved,Revise and Resubmit ❑As Requested. ❑,Action Not Required ❑ For Your Records ❑ForiSn Indicated Return Item Transmitted Copies Us ❑ For Your Approval ❑ ^` Remarks:Please call with any questions. Thank you. By: Edward E .Fleming cc: 10505 N.Coll gc.Avenu• i Indianapolis.IN 46280 7 wc3ie.net 317 I 846-66I1 800..1t-452=21405 . Fax:317 843.....1146 Allan H ;I_.S.-.Plresident �►: TI F, •-• . ., • • . . , . . ENG. L'NEERS l,tcyyn : Crvl. naineenng. • • ti d t F A,retittect1 re • 1�`Ir i l.0 a it,li r o rr z`i(PIE,rr r e s" • TRANSMITTAL To: Hamilton County•sheriffs Office Project: . The Lakes'at Towne,-Road III. • • 18100-Cumberland Road - . � . , Job#: � W120014 Noblesville, IN 46060 Phone.. -117473-1872 Attn: Brooke,Gajouwiik Fax . `317:7769896 • Date: February 17, 2012 Re TAC'Stibmittal We are sending.you DI.Attached ❑Under>separate cover via USPS the following items: ❑ Shop Drawings ❑Prints ❑ Copy of Letter ❑ Product Datd ❑ Specifications ❑,Meeting Minutes ❑ Samples ❑ Change Order(s) ❑ Inspection Report ❑, ❑ Sketches/Drawings I ❑Application(s)for Payment • ❑-Sets Document Document; Description • [Z"Copies Date Number 1 Primary Plat • I _} These,are transmitted as indicated below: ❑Approved ❑ For Your Review or Use ❑Approved as Noted: El For Your Review&Comment ❑Not Approved',Revise and Resubmit II]As Requested ❑Action Not Required .❑For Your•Records ❑Action Indicated on Item Transmitted ❑ For Your Approval ❑ For'Signature. Return Co P iiesAo Us Remarks: Please call with any.questions. Thank you. By: Edward El Fleming cc: 10505 N.College Avenue Indianapolis.IN 46280 i weihe.net i 3)7 184 6 -661'1- 800 452 6408 ") Fax:317 I 843-._1)546 Allan H.Weihc,I 1 .I..S.—P,resi8cnh • i y. . - ' .- . . -. . . . ' . , , • `• EIRE.. • . : . , . . . . ENGINEERS Land Su-Neyieig' lvll Er meerlli .- L and scarv-Ai chi Acttr°a, . Brr;i!.i r>"it.11 c r4?t`irllettE67 • • TRANSMITTAL . . - • . . TO - _ Hamilton'County Highway • - `Project . The Lakes,at Towne-Roadill 1,700 S:'10. Street .. . Job# '/1200.14 Noblesvit_e, IN 46060 Phone 317.473-7770 ' - • Attn: David Lucas. • - Fax: ..311776-9814 'Date: February 17,.2012 Re: . TA C:Submittal We are sending you Z Attached'❑`Under.;separate cover via USPS.the following items: ❑ Shop Drawings 0,Prints ❑-Copy of Letter •• ❑°Product Data ❑ Specifications ❑Meeting Minutes ❑.Samples• I ❑ Change Orders) ❑ Inspection Report ❑ Sketches/Drawings ❑Application(s)for Payment . Sets Document Document Description Z,Copies Date Number. 1 Primary Plat , • . These'aretransmitted.as indicated below: ❑Approved ❑For Your Review.or Use ❑Approved as Noted Z For Your Review-&.Comment ❑Not Approved,Revise and Resubmit ❑As Requested ❑Action Not,Required ❑_For Your Records '❑Action Indicated on Item.Transmitted ❑ For Your Approval ❑ ForSignature. Return__Copies to Us ❑. Remarks: Please call with any questions: Thank:you.. BEdward E` y Fleming cc: 10505 N.College Avenue i .Indlianupnlis.IN 46280 f weit:net 1 217.I'8 IO- 6611 500 I 452-6405 i Fax:317 i 843....0546 Allan H.\Veilic,11.1-1.,1:..S.--1'residein . . - -•-:: ' " . .- . -... • ENGI .NEER 'S. . '." I . : • . Land Scrveyirig9 Civil Eiglrlc6ii€q ' .. ' .. ., `_an isc p-'-Ai h31e'it(^:, _ -- . ... Build ivi.,(.h r.o.rtfi.de)",e> TRANSMITTAL '• To • Indianapolis Power and Light Company Project `The Lakes.at Towne Road•III 1230 West Morris Street. Job#: WI 20014 Indianapolis,1N 46221 :• • Phone 317-261-5497 : - Attu: Dan Davenport' • ' . Fax: .:'317-261-5201 ., ' , Date: February 17,2012 Re . `TIC Submittal We are sendingyou Attached ❑Underseparate cover via U SP.S the following items: 0 Shop Drawings 0 Prints ❑ Copy of Letter ❑Product Data ❑ISpecif cations ❑ Meeting Minutes • ❑ Samples .I ❑ Change.Order(s) El'Inspection Report ❑ Sketches/Drawings ❑Application(s)for Payment ❑'Sets . Document Document Description. E Copies 1 Date Number 1 I Primary Plat. _ 1 i Theseare transmitted as,indicated below:: ❑Approved ❑ For Your Review.or Use ❑Approved as Noted E,For Your Review&Comment ❑Not Approved,Revise and Resubmit ❑As Requested ❑Action Not Required. E] .<-_w Your Records• .❑Action Indicated on.Item Transmitted ❑ For Your Approval ❑For Signatur�e. .Return Copies to Us ❑ Renark s: Please call with any questions. Thank you. 1 By: Edward E': Fleming cc: i ((1505 N.College Avenue 1 Indianapolis.IN 46280 ! weihe.nct 3171 8 6 6(il'I ! 800,1 452-..,6408 r Fax::317 843....11546 ; Allan,`H.Wale,PE.,I_:5.--I'residciu- 'f ET w. H.E • ' E 'N G. I'N E .E R S • . . • • . . 0 Land SCrveyinq Erqweertng _ • L.:-,Idscar,le A.cnitecture Build Pt ()a;I i den .• - • - - TRANSMITT AI, , ' • - . To:' Office of Police Chief. Project The Lakes at Towne Road III • " • • _ • • Three Civic Square • , • Job#: -1/11110014 - .Carmel, IN 46032 . Phone: 3117=571:2600 - • - - ,Atin: Tim Green • . Fax: 317-571-2612 . • • Date: February 17, 2012 Re: TAC Submittal We are sending you Z Attached El Underseparate cover via USPS the following items: 111 Shop Drawirigs El Prints 0 Copy of Letter Product Data 0 Specifications El Meeting Minutes El Samples El Change.Order(s) . Inspection Report Sketches/Drawings El Application(s)for Payment Z Sets Document Document Description Z Copies Date Number 1 Primary Plat • These are transmitted as indicated below: ;111 Approved El For Your Review or Use 0 Approved as Noted [S] For Your Review& Comment Not Approved,Revise and Resubmit is Requested 0 Action Not Required 0 11] For Your Records 0 Action Indicated on Item Transmitted For Your Approval •El For Signature. Return Copies to Us Remarks: Please call With any questions. Thank you. By: Edward E. Fleming cc: •• • • 10505 N Avenue Indianapolis.IN 46280 1 weihe net ,17 I 6- 66H 800 452 6408 Fax .117. 843 0546 Allan H Welk,PF I S • I re8ide01 . . • - . 111WEIHE • . . „ . . . . . " - ENGINEERS. .• ' " • • , Eand§Tarvoying Engineering •. • ancl,3cc3pe A rthiteCtOie _ - • • ' Build wiii onji<-11 Iii TRANSMITTAI, " • To Carmel:Post OffiCe-USPS Project " 'The Lakes at Twine Road III • •, • - 275 Medical Drive • Job# WI 20014 . Carmel, IN 46032 •-• Phone:: 317846-24119' ' • Atm „ . • " Postmaster C/O DolanclWise • " Fax. 3117,846.-.311.5: • Date:. Februilry 17, 2012. Re: TAG Submittal We are,sendinj you lE].Attached Under,separate,covervia USPS,the following items: O Shop Drawings [E] Prints ri Copy of Letter 0 Product Data 0 Specifications 111,Meeting Minutes O Samples Lii Change Order(s) EI Inspection Report 111 ,111 Sketches/Drawings Application(s)for Payment 0 Sets Document Document- Description • Ei Copies Date Number 1 Primary Plat These-are transmitted as indicated below: Approyed E] For Your Review or Use Approved as Noted For Your Review&Comment 0 Not Approved,Revise andResubmit As Requested Action Not Required 0 For Your Records • Action Indicated on Item Transmitted 0 For Your-Approval .0 For Signature. Return 'Cdpies to Us Remarks: If ydu have any questions, please contact me. Thank You By Edward E. Fleming cc: File 10505 N.College Avenue 1 Indianapolis.IN 46250 ! %caw net 317 I 8, -.6610 '8005 452 6408 t Fax:317 I 843 0546 • Allan H.Welk,PE I•S .. I resident • • , I• ENGINEERS Lend Surveying givil EnginecAng Lr'# i icape Art`i 1 Lry ?:-, Build with e0_11.001deiicct'j .TRANSMITTAL To: Transportation Systems Coor. -DOCS Project The iLakes.at Towne Road Ill One.Civic Square;3'd Fir Job#:- 14112001:4 • Carmel-IN 46032 Phone: 317-571.-2417 Attn: David.Littlejohn Fax: 3117-571-2426 Date: February 17, 2012 Re: TIAC Submittal We are sending,you El Attached❑'Under separate cover via USPS the following items: ❑ Shop.Drawings ❑ Prints ❑ Copy of Letter ❑ProductData ❑ Specifications ❑ Meeting Minutes ❑ Samples ❑ Change Order(s) ❑ Inspection Report ❑ ❑ Sketches/Drawings ❑Application(s)for Payment ❑ Sets Document Document Description Z Copies Date Number 1 Primary Plat These are transmitted as indicated below: ❑Approved ❑For Your Review or Use 0,Approved as Noted ®For Your Review&Comment ❑Not Approved,.Revise and Resubmit ❑As Requested ❑Action Not Required ❑For Your Records ❑Action Indicated on Item Transmitted ❑'For Your Approval ❑ For Signature. Return Copies to Us ❑ Remarks: Please call with any questions. Thank you. By: Edward El Fleming cc: 10505 N.College Avenue Iniliana{aoGa IN 46280 ': wcihenet 317 I 846...6611 800 452—6408 Fax 317 843-..0546 Allan H.Weihe,Pr..,1......P!esident • Conn, An•elina V From: Conn, Angelina V Sent: Tuesday,January 31, 2012 3:08 PM To: 'Dierckman, Leo' Subject; RE: question Attachments: Primary Plat 2012.pdf; Primary Plat 2012.doc; PC Flowchart.pdf;2012 Plan Commission Calendar.pdf; TAC Members 12-28-11.pdf Leo- I will try and pull some stuff together for you,for Friday. And, attached is the primary plat application, with instruction sheet,to start with. (Perhaps you can get Ed Fleming with Weihe Engineers to help out with the approval process,too. ) Also, here is a website.link to a file of a small primary plat that Justin Moffett did, but it will give you an idea of the process, the info packet contents, etc.: Lhttp://cocdocs.ci.carmel.in,us/weblink/0/fol/88958/Rowl.aspx Also, attached is a.flowchart ofthe:process, as well as the calendar with filing dates/deadlines. The TAC Members list is also attached, as you will need that. (And remember that after the primary plat is all approved;then you would submit a secondary plat application (for the final plat andconstruction documents approvals.) however,this would be administrative in review and approval.) -Angie From: Dierckman,. Leo[mailto:Leo.Dierckman@opco.com] Sent: Tuesday, January 31, 2012 2:46 PM To: Conn, Angelina V. Subject: RE: question Mrnmmm so many choices. I think I will come over Friday, I will send a note with a specific time shortly. What process will I need to follow and can you send the application? Can you refer me to a project that went through the same process that you consider a good presentation and submission? Thanks Leo J. Dierckman. P: (317) 843-3603 From: Conn, Angelina V [mailto:Aconn @carmel.in.gov] Sent: Tuesday, January 31, 2012 1:17 PM To: Dierckman, Leo Subject: RE: question Hi, Leo: I will be here 'tit:about 5:30pm today, if you want to stop by. If not today, .tomorrow I only have a 2pm meeting,and Thursday,I only have a 1pm meeting. Friday, any time is good. -Angie From: Dierckman, Leo [mailto:Leo.Dierckman@opco.com] Sent: Tuesday,January 31, 2012 1:10 PM To: Conn, Angelina V Subject: question 1 k¢ . (/ ''°0 ' \� APPROVED AS TO FORM 8Y „ Yp traN c0.11 BOARD OF PUBLIC WORKS 8c SAFETY ACCEPTANCE OF DEDICATION&DEED OF PUBLIC RIGHTS-0F=WAY WHEREAS,the,foregoing Grantor having filed with:the City of Carmel,.Indiana(`City"),its Dedication and Deed of certain,real property("Property")to the City for the purpose of establishing City rights-of-way,;which Dedication and Deed,is attached hereto and incoiporated herein as Exhibit"A"hereinabove set forth; • . AND WHEREAS,the City believes that;said fee simple conveyance of property is desirable and necessary and in the City's best : interests; NOW THEREFORE,the City,"by and through its Board'of Public Works and Safety,hereby accepts said;Dedication and Deed, and orders that the Instrument of Dedication and Deed described,herein be,recorded in.ttte'Recorder.'s Office of the.County of 'Hamilton!State of Indiana,:and that said described real property be and die same hereby is declared open and dedicated to the City. i l SO ORDERED:RED:• CITY OF CARMEL BOARD OF.PUBLIC WQ &SAFETY 6 f 3 rainard,.Mayor Sate m_ . Z : r �. �: .+0 ' " DULY ENTERED FO AMTION& �a ty Subject to final acceptance for transfer ! ��- I,, • �� li) I.13 M Ann urke I ¢vs. �; �1,'day of . ,20 ��I.. 3 �'3 [/I F y vii Date: � N b a,L ie CA;L, u. 41 0 Auditor of`Hamilton County - /_ I _t Parcel P- to Lon Watson M CO,�u R y/ CON NC.d Date: �it - t^l` @ N�-.J L. f / N® 1" ° �// �Np1Qy ® / Mf■"y 2ce ATTEST: , •iana L.Cordray,3AMC,Cl-S'-Treasurer Date: . ( iyos,/ Instruinent.prepared by:Douglas C.Haney,Carmel City Attorney,One.Civic Square,Carmel,Indiana 46032 I affirm,'under penalties for perjury,that I have taken reasonable care to?redact each Social Security number in this document, - unless required bylaw. Douglas C.Haney. 5a et- ••\0616<in C o{ c a..rn-va ° ONE CIVIC SQUARE CARINAEL,INDIANA 46032 317/571-2400 DEDICATION AND DEED OF PUBLIC RIGHTS-OF-WAY THIS INDENTURE WITNESSETH: That r_1\4701-NA LA iv Iev..to?rtr-+.+r Co1.v, (jointly and individually, "Grantor"), the fee simple owner(s) of the real property ("Property") described in attached Exhibit A, incorporated herein by this reference, which Property is located in the City of Carmel, Hamilton County, State of Indiana, hereby grants, conveys and warrants in fee simple, and with no reversionary rights whatsoever retained, all of Grantor's rights, title and interest in the Property, to the City of Carmel, Indiana("Grantee"), subject to all existing easements and rights-of-way of record, for the sum of One Dollar($1.00)and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. This conveyance of real estate is not subject to Indiana gross income tax. IN WITNESS WHEREOF, Grantor has executed this Instrument on this 2-t srday of J v'-t 2000 "GRANTOR" s p icn,,A- LA-rbp Voa E..v.p te-or- cog-• • By: ( thorized Signature) •/hJ� S}COO?MAr1 •- -stag? (P ted Name a • itle) STATE OF INDIANA ) - ) SS: COUNTY OF fn-Nt►e-rvrd ) Before me, the undersigned NOTARY PUBLIC in and for said County and State,personally appeared the above and acknowledged executing the foregoing Dedication and Deed of Public Rights-Of-Way. Witness my hand and Notarial Seal thie:'day of d ,200$3��muri t1 1' C y NOTARY PUBLIC r icy,- , ‘u vtT3171t A` (ASP 5 My Commission Expires: Printed Name /2_01 t My County of Residence: fri-R wttc-rvi4 This instrument was prepared by Douglas C.Haney,Carmel City Attorney,One Civic Square,Carmel,Indiana 46032 Laffirm,under penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document,unless required by law. Douglas C.Haney EXHIBIT • . I • • • EXHIBIT"A" Project: 06.1.2 Sheet 1 of i Pareet'21:Eeo.,giuuple.. A part of,the:Southeast Quarter of the northeast Quarter of Section 29, Township 18 North, Range 3 East,liainilton'County,Indiana,and being that;part ofthe grantor's land lying within the right of may line-depicted on the attached Right.of Way Parcel Plat,marked EXHIBIT"B", described;as follows;;Beginning at the northeast corner of the Southeast:Quarter of the Quarter.of said section:thence South 0 degrees 1 minute 58 seconds West.330.00 feet along the east line of said quarter-quarter section to the:soutlr line a j the grantor's. thence South 89 degrees 12 minutes 55:seconds West 70.01 feet along;•said north line to point"-101"designated on said,plat.thence Nordn:0 degrees:01 minute 58 seconds East 330;00 feet to a point on the nortn,line of said..quarter-quarter section de.dgnated as point"103"on said:plat;thence North.89 degrees 312,minutes'58 seconds East 70.01 feet,along said north fine to the east line of said section to the point:of beginning end containing 0.530 acres, more or less, inclusive of the presently`.existing right of way whic11`:contains 0.125 acres'more or less,with a net additional taking of acres,More or loss This description was prepared for the City of Cannel by Tracy.L.McGill;Indiana Registered Land Sutveyor„License Number 1420540009,on he lib day ofJatniniy,2008. 47 1,itr'A9N14%.' Q 00009 STATE OF 4 Y ikogos o r, • f _ I • • • 1� i • ' EXHIBIT "B" SHEET 1 OF 2 RIGHT-OF-WAY PARCEL PLAT Prepared for the City of Carmel 0 150' 300' by: AMERICAN i3 T UCTU`' EO! SCALE 1"-300' 1 INC. 20 20 20 21 • 29 • 28 226 6 105+00 ( cc cr z w i= � F.O NE COR. 80 Rds. ----- ® SE 1/4,NE 1/4 (-\■_‘" 1i r • NW Cor Residue"A" � ` o SE 1/4 100+00 o N NE 1/4 4 " PRESIDENT ST. 80 Rds. 1 1 t4 I 17:6 0 \ w SOLD OFF o !_ N 80 Rds. 14 1,331.05'(1,331.16'M)4- 95+00 NW Cor S1/2 I j SE 1/4 \\ g os NE 1/4 ff x 2 rn in ., Ln c in n D a In- -SW Cor 210 W SE 1/4 1 /NE 1/4 90+00 w EXISTING R/W 131ST ST- ® EXISTING R/W 1,327.62'(1328.12'M) �'28/-- C ://� HATCHED AREA IS THE APPROXIMATE TAKING ) OWNER: INDIANA LAND DEVELOPMENT CORPORATION DRAWN BY: JDH PARCEL: 21 CHECKED BY: TLM PROJECT: 06-12 ROAD: TOWNE ROAD / COUNTY: HAMILTON I NST: NO ZOQ50 O QEL DATED JUNE.8, 2005 SECTION: 29 INST. NO. 2007056789, DATED SEPTEMBER 25, 2007(SELL-OFF; TOWNSHIP: 18 NORTH RANGE: 3 EAST ■ THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY) ' •. • EXHIBIT "B" SHEET 2 OF 2 . RIGHT-OF-WAY PARCEL, PLAT Prepared for the City of Carmel by: AMERICAN. STRUCTUREPONT INC POINT REFERENCE CHART (Feet). Point North East I Station I Qffset I C. 210 212 • See Location Control Route Survey Plat 213 226 101 113526.6958. 103256.6972 +PL(98-1176.73) 70' Lt. A 103 113856.6967 103256.8859 +PL(1024-06.73) 70' Lt. A • • • • • SURVEYOR'S STATEMENT 0„,„Hmuntvi oN L. 4% To,the best of my knowledge ancibeliel,this plat, together with the(location Control _tS, Route Survey" recorded as Inst: No 2007049661 in the Office of the Recorder of AS.•reOgirfrip...Y<"1, • cos,. Hamilton County, Indiana, incorporated and made a part hereof by reference, 4,1 No• • comprise.a Route Survey executed in accordance with Indiana Administrative Code B * 865 IAC 1:..12 ('RIlle 12"). 120500,109f L - • 7 zoo V."%, STATE OF *1747'4YD (--77 Tracy L. McGill sate Reg. Land Surveyor No LS20500009 State of Indiana NOTE STATIONS AND OFFSETS ARE TO CONTROL OVER'NORTH AND EAST COORDINATES ) _ ,OWNER: INDIANA LAND DEVELOPMENT CORPORATION DRAWN BY: )DH • PARCEL:: 21 CHECKED BY: TLM PROJECT:, 06-12 ROAD: TOWNE ROAD _ COUNTY. HAMILTON SECTION: 29 TOWNSHIP: 18 NORTH RANGE: 3 EAST AMERICAN STRUCTUREPOINT,INC PROJECT NO.1N20040222 THIS PLAT WASTREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY,A FIELD SURVEY.)1 •