HomeMy WebLinkAboutApplicationConn, Angelina V
From: Conn, Angelina V
Sent: Wednesday, July 25, 2012 3:18 PM
To: Hollibaugh, Mike P; Mindham, Daren; Hancock, Ramona B; Littlejohn, David W;
'jmolitor @prodigy.net'; Boone, Rachel M.; Tingley, Connie S; Duncan, Gary R; Donahue -Wold,
Alexia K; Blanchard, Jim E; Stewart, Lisa M; Martin, Candy; Lux, Pamela K; Haney, Douglas
C; Mishler, Nicholas F; Maki, Sue; 'GARY DOXTATER'; Thomas, John G; Redden, Nick;
Barnes, David R; Foley, Amanda J; Campbell, Kristyn
Cc: 'Jon Dobosiewicz'; ' prioux@ platinumproperties.com'; 'Charlie Frankenberger'; 'Ken Brasseur'
Subject: RE: Docket No. Assignment: Westmont PUD Ord. Amend. ( #12070018 OA)
All - Please see new dates and deadlines below, per the petitioner's request:
From: Conn, Angelina V
Sent: Tuesday, July 24, 2012 11:48 AM
To: Hollibaugh, Mike P; Mindham, Daren; Hancock, Ramona B; Littlejohn, David W; 'jmolitor @prodigy.net'; Boone, Rachel
M.; Tingley, Connie S; Duncan, Gary R; Donahue -Wold, Alexia K; Blanchard, Jim E; Stewart, Lisa M; Martin, Candy; Lux,
Pamela K; Haney, Douglas C; Mishler, Nicholas F; Maki, Sue; 'GARY DOXTATER'; Thomas, John G; Redden, Nick; Barnes,
David R; Foley, Amanda J; Campbell, Kristyn
Cc: 'Jon Dobosiewicz'; ' prioux @platinumproperties.com'; Charlie Frankenberger; Ken Brasseur
Subject: Docket No. Assignment: Westmont PUD Ord. Amend. ( #12070018 OA)
1 have issued the Docket Number for Westmont PUD Ord. Amend. (OA). It is the following:
Docket No. 12070018 OA: Westmont PUD Ordinance Amendment.
The applicant seeks approval to repeal text from Section 4.3 of PUD Ordinance Z- 507 -07.
The site is located at 2000 W. 136th St. and is zoned PUD /Planned Unit Development. Filed Sweet Charity Estates,
LLC.
on Dobosiewicz, land use professional with Nelson & Frankenberger, can be contacted at 844 -0106.
FEES:
Ordinance Text
Amend.
Total due:
$890.50
$890.50
Petitioner, please note the following:
1. This item does not need to be on a meeting agenda of the Technical Advisory Committee (TAC). If not done
so already, the petitioner must submit plans to all TAC members ASAP, via email and /or mail. The updated TAC
members list is online at: http: / /www.carmel.in.gov/ modules /showdocument.aspx ?documentid =1856.
2. Mailed and Published Public Notice needs to occur no later than August 24. Published notice is required
within the Indianapolis Star. Try to get the public notice ad to the IndyStar by Noon, two days prior to the public
notice deadline, in order for them to publish it on time (317- 444 -7163 or publicnoticesPindystar.com). Also, the
placement of a public hearing sign on the property is required in addition to the certified mailings; see
application & calendar.
3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary
Ramona Hancock no later than noon, Friday, Sept. 7.
4. Proof of Notice (green cards, newspaper affidavit, etc.) needs to be received by this Department no later than
noon, Friday, Sept. 14. Failure to submit Proof of Notice by this time will result in the tabling of the petition.
5. This item will appear on the Tuesday, Sept. 18 meeting agenda of the Plan Commission (under "Public
Hearings "), which begins at 6 pm. (A representative must be present.)
1
6. This item might also appear on the Tuesday, Oct. 2 meeting agenda of a Plan Commission Sub - Committee,
which begins at 6 pm. (A representative must be present.)
7. Please refer to the application /checklist for more detail.
8. Review comments from the Planning /Zoning Dept. will be issued soon, if any.
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 E: aconn @carmel.in.gov
W: www.carmeldocs.com
Please consider the environment before printing this e-mail
2
Conn, Angelina V
From: Conn, Angelina V
Sent: Tuesday, July 24, 2012 11:48 AM
To: Hollibaugh, Mike P; Mindham, Daren; Hancock, Ramona B; Littlejohn, David W;
'jmolitor @prodigy.net; Boone, Rachel M.; Tingley, Connie S; Duncan, Gary R; Donahue -Wold,
Alexia K; Blanchard, Jim E; Stewart, Lisa M; Martin, Candy; Lux, Pamela K; Haney, Douglas
C; Mishler, Nicholas F; Maki, Sue; 'GARY DOXTATER'; Thomas, John G; Redden, Nick;
Barnes, David R; Foley, Amanda J; Campbell, Kristyn
Cc: 'Jon Dobosiewicz'; ' prioux @platinumproperties.com'; Charlie Frankenberger; Ken Brasseur
Subject: Docket No. Assignment: Westmont PUD Ord. Amend. ( #12070018 OA)
I have issued the Docket Number for Westmont PUD Ord. Amend. (OA). It is the following:
Docket No. 12070018 OA: Westmont PUD Ordinance Amendment.
The applicant seeks approval to repeal text from Section 4.3 of PUD Ordinance Z- 507 -07.
The site is located at 2000 W. 136th St. and is zoned PUD /Planned Unit Development. Filed Sweet Charity Estates,
LLC.
Jon Dobosiewicz, land use professional with Nelson & Frankenberger, can be contacted at 844 -0106.
\f\IC4)
r f
FEES:
Ordinance Text
Amend.
Total due:
$890.50
$890.50
Petitioner. please note the following:
1. This item does not need to be on a meeting agenda of the Technical Advisory Committee (TAC). If not done
so already, the petitioner must submit plans to all TAC members ASAP, via email and /or mail. The updated TAC
members list is online at: http: / /www.carmel.in.gov/ modules /showdocument.aspx ?documentid =1856.
2. Mailed and Pub hed Public Notice needs to occur no later than July 27. P 'shed notice is required within
the Indianapolis r. Try to get the public notice ad to the IndyStar b oo n, two days prior to the public notice
deadline, in order fort m to publish it on time (317- 444 -7163 o licnotices @indystar.com). Also, the
placement of a public he ing sign on the property is requited in addition to the certified mailings; see
application & calendar.
3. The Filing Fee and Fifteen (15)\lnformationa9ckets must be delivered to Plan Commission Secretary
Ramona Hancock no later than no , Friday ugust 10.
4. Proof of Notice (green cards, newspa r affidavit, etc.) needs to be received by this Department no later than
noon, Friday, August 17. Failure sub it Proof of Notice by this time will result in the tabling of the
petition.
5. This item will appear on tlie'Tuesday, August meeting agenda of the Plan Commission (under "Public
Hearings "), which begins at 6 pm. (A representati must be present.)
6. This item might al,so appear on the Tuesday, Septem er 4 meeting agenda of a Plan Commission Sub -
Committee, ww ich begins at 6 pm. (A representative m> t be present.)
7. Please ref - t" o the application /checklist for more detail.
8. Revi comments from the Planning /Zoning Dept. will be issue -soon, if any.
92R'
Angie Conn, Planning Administrator
City of Carmel Planning & Zoning Division
Dept. of Community Services
1
REZONE /PUD APPLICATION
(PUD Text Amendment)
PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEL /CLAY ZONING ORDINANCE
FEES: Rezone =
Date: — 2-0 " -Ot2-
Docket No. 1 0 "1 OOi'%
Name of Owner: See Exhibit "A"
Owner's Address: See Exhibit "A"
lus $123.00 per acre (PUD =$2,
ees due after a docket number is assi •. ed.
plus $123 per acre)
Phone No. See Exhibit "A"
Fax No.: See Exhibit "A"
Email: See Exhibit "A"
• Applicant: Sweet Charity Estates, LLC, Attn: Paul Rioux — See Exhibit "A" for contact information.
• Applicant's Contact Person Name and Company: Paul Rioux, Platinum Properties, LLC
• Applicant's Contact Person Phone, Fax, Email: See Exhibit "A"
• Applicant's Address: See Exhibit "A"
• Record of Ownership:
• Legal Description (Use additional page(s) if necessary): See Exhibit "B" the "Real Estate ".
• Common Address of Property Involved (or general Description if no Address Exists):
The Real Estate is located between 136th Street and 141St Street 1/4 mile west of Springmill Road, comprising
approximately 116 acres.
• Tax Parcel ID (No(s). 17- 09- 21- 00 -00- 007.000, 17- 09- 21- 00 -19- 001.000 thru 17- 09- 21- 00 -19- 046.000.
• Proposed Zoning Change: An amendment to the text of the Westmont PUD (Ordinance Z- 507 -07) repealing
Section 4.3 from the Ordinance. Section 4.3 of the Westmont PUD ordinance reads:
"Each Dwelling in the Westmont District shall be built by a builder which, during each of the five (5) calendar
years prior to commencement of construction of such Dwelling in the Westmont District, has built fewer than
one hundred (100) Dwellings per calendar year."
• Statement of compliance with the CarmeUClay Comprehensive Plan (use additional pages if necessary). Not
applicable.
Page 1
S y i,
J01202012
ROCS
"APPLICANT"
Sweet Charity Estates, LLC, an Indiana limited liability company
By: Platinum Properties, LLC, an Indiana limited liability company
State of Indiana
County oft rY . 1 1
) SS:
By:
Kenneth R. Brasseur, Member
Date: 7/2 47/Z
Before me, a Notary Public in and for said county and State, personally appeared Kenneth R. Brasseur, a
member of Platinum Properties, LLC, an Indiana limited liability company, the manager of Sweet Charity
Estates, LLC, an Indiana limited liability company, and acknowledged the execution of the foregoing
Application on behalf of such entity. \,, �q '
'1
WITNESS my hand and Notarial Seal this day of �`- , 2012.
My Commission Expires: b ( act d'OE 1
My County of Residence: N. . Q-n
Notary
%(E Y A. TRITTIPO
County of Hamilton
June 24, 2017
(Printed S
Page 2
EXHIBIT "A"
1. Owner(s): Sweet Charity Estates, LLC
Attn: Paul Rioux
9757 Westpoint Dr Ste 600
Indianapolis, IN 46256
Phone: (317) 818 -2900
Fax: (317) 580 -9786
Email: prioux @platinum- properties.com
(Approximately 110 acres)
Zeeman, Richard G & Nicole J
1774 Albanian Dr
Carmel, IN 46032
(Approximately 0.39 acres)
O'Connor, Dwayne K & Deborah J
1820 Albanian Dr
Carmel, In 46032
(Approximately 0.39 acres)
2. Applicant: Sweet Charity Estates, LLC
Attn: Paul Rioux
9757 Westpoint Dr Ste 600
Indianapolis, IN 46256
Phone: (317) 818 -2900
Email: prioux @platinum- properties.com
3. Attorney /Land Use Professional:
Charles D. Frankenberger
Jon C. Dobosiewicz
Nelson & Frankenberger
3105 E. 98th Street, Suite 270
Indianapolis, IN 46280
Phone: (317) 844 -0106
Fax: (317) 846 -8782
Email: Charlie @nf- law.com
Email: Jon @nf- law.com
EXHIBIT "B"
(LEGAL DESCRIPTION)
A part of the South Half of Section 21, Township 18 North, Range 3 East, Clay Township,
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of said Half Section; thence South 89 degrees 38 minutes 41
seconds West along the South line of said Half Section a distance of 1,337.65 feet to the Southeast
corner of the West Half of the Southeast Quarter of said Section; thence continuing South 89
degrees 38 minutes 41 seconds West along said South line 480.00 feet to the POINT OF
BEGINNING of this description; thence North 00 degrees 13 minutes 55 seconds East parallel with
the East line of said Half Quarter Section a distance of 600.00 feet; thence North 89 degrees 38
minutes 41 seconds East parallel to the South line of said Quarter Section a distance of 480.00 feet
to the East line of said Half Quarter Section; thence North 00 degrees 13 minutes 55 seconds East
along said East line 2,030.82 feet to the Northeast corner of said Half Quarter Section; thence South
89 degrees 40 minutes 24 seconds West along the North line of said Quarter Section a distance of
1,345.38 feet to the Northeast corner of the Southwest Quarter of said Section; thence South 89
degrees 39 minutes 54 seconds West along the North line of said Quarter Section a distance of
748.82 feet to the Northeast corner of Westwood Estates, Section 1, recorded as Instrument Number
2003 - 124222 in Plat Cabinet 3, Slide 313 in the Office of the Recorder, Hamilton County, Indiana;
thence South 00 degrees 05 minutes 41 seconds East along the East line of Westwood Estates,
Section 1 and parallel to the West line of the East Half of said Quarter Section a distance of
1,315.72 feet to the North line of the Bennett Subdivision, recorded as Instrument Number 2004-
49422 in Plat Cabinet 3, Slide 443 in said Recorder's Office; thence along the Northern and Eastern
lines of said Bennett Subdivision by the next two (2) courses; 1) North 89 degrees 38 minutes 41
seconds East 116.48 feet; 2) South 00 degrees 21 minutes 19 seconds East 662.66 feet to the
Southeast corner of said Bennett Subdivision; thence continuing South 00 degrees 21 minutes 19
seconds East 653.25 feet to the South line of said Half Section; thence North 89 degrees 38 minutes
41 seconds East along said South line 1,476.74 feet to the place of beginning, containing 115.824
acres, more or less.
Sponsors:
ORDINANCE Z- -12
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
AMENDING THE WESTMONT
PLANNED UNIT DEVELOPMENT DISTRICT (Z- 507 -07)
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 Carmel City Council Adopted Ordinance Z- 507 -07 (the "Westmont
Ordinance ") on August 7, 2007, which established the Westmont Planned Unit Development
District with respect to the real estate legally described in what . is attached hereto and
incorporated herein by reference as Exhibit A (the "Real Estate "),
WHEREAS, the Carmel Plan Commission has given a
recommendation to this planned unit development text amendment (the "2012 Westmont Text
Amendment Ordinance ") with respect to the Real Estate.
NOW, THEREFORE, BE IT ORDAINED by the Carmel City Council, that the
Westmont Ordinance be amended as follows:
Section 1. Section 4.3 of the Westmont Ordinance, which provides as follows, is hereby
repealed and shall be of no further force or effect.
"Each Dwelling in the Westmont District shall be built by a builder which,
during each of the five (5) calendar years prior to commencement of
construction of such Dwelling in the Westmont District, has built fewer
than one hundred (100) Dwellings per calendar year."
Section 2. All provisions of the Westmont Ordinance not affected by this Ordinance Z-
-12 shall continue, unchanged, and the Westmont Ordinance, as revised by this
Ordinance, Z- -12, shall remain in full force and effect.
Section 3. This Ordinance Z- -12 shall be in full force and effect from and after its
passage and signing by the Mayor.
ADOPTED by the Common Council of the City of Carmel, Indiana this day of
, 2012, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer Kevin D. Rider
Richard L. Sharp, President Pro Tempore Carol Schleif
Ronald E. Carter W. Eric Seidensticker
Sue Finkam
ATTEST:
Diana L. Cordray, IAMC, Clerk - Treasurer
Luci Snyder
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2012, at .M.
Diana L. Cordray, IAMC, Clerk- Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2012, at .M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
This Instrument prepared by: Charles D. Frankenberger, attorney at law, NELSON &
FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON &
FRANKENBERGER. 3105 East 98th Street, Suite 170, Indianapolis, IN 46280.
Westmont PUD Amendment - Filing Draft 071712
2
Exhibit A
A part of the South Half of Section 21, Township 18 North, Range 3 East, Clay Township,
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of said Half Section; thence South 89 degrees 38 minutes
41 seconds West along the South line of said Half Section a distance of 1,337.65 feet to the
Southeast corner of the West Half of the Southeast Quarter of said Section; thence continuing
South 89 degrees 38 minutes 41 seconds West along said South line 480.00 feet to the POINT
OF BEGINNING of this description; thence North 00 degrees 13 minutes 55 seconds East
parallel with the East line of said Half Quarter Section a distance of 600.00 feet; thence North 89
degrees 38 minutes 41 seconds East parallel to the South line of said Quarter Section a distance
of 480.00 feet to the East line of said Half Quarter Section; thence North 00 degrees 13 minutes
55 seconds East along said East line 2,030.82 feet to the Northeast corner of said Half Quarter
Section; thence South 89 degrees 40 minutes 24 seconds West along the North line of said
Quarter Section a distance of 1,345.38 feet to the Northeast corner of the Southwest Quarter of
said Section; thence South 89 degrees 39 minutes 54 seconds West along the North line of said
Quarter Section a distance of 748.82 feet to the Northeast corner of Westwood Estates, Section 1,
recorded as Instrument Number 2003 - 124222 in Plat Cabinet 3, Slide 313 in the Office of the
Recorder, Hamilton County, Indiana; thence South 00 degrees 05 minutes 41 seconds East along
the East line of Westwood Estates, Section 1 and parallel to the West line of the East Half of said
Quarter Section a distance of 1,315.72 feet to the North line of the Bennett Subdivision, recorded
as Instrument Number 2004 -49422 in Plat Cabinet 3, Slide 443 in said Recorder's Office; thence
along the Northern and Eastern lines of said Bennett Subdivision by the next two (2) courses; 1)
North 89 degrees 38 minutes 41 seconds East 116.48 feet; 2) South 00 degrees 21 minutes 19
seconds East 662.66 feet to the Southeast corner of said Bennett Subdivision; thence continuing
South 00 degrees 21 minutes 19 seconds East 653.25 feet to the South line of said Half Section;
thence North 89 degrees 38 minutes 41 seconds East along said South line 1,476.74 feet to the
place of beginning, containing 115.824 acres, more or less.
3
3 0
T.
CITY OF CARNAL
JAMES BRAINARD, MAYOR
May 3, 2012
Mr. Paul Estridge Jr.
David Weekley Homes
12965 Old Meridian Street
Carmel, IN 46032
Re: Westmont PUD Ordinance, Z- 507 -07
Dear Paul:
The City of Carmel recently received an opinion from John Molitor, legal counsel to the Carmel Plan
Commission, on the legality of Section 4.3 of the Westmont Planned Unit Development (PUD) ordinance
which reads:
Each Dwelling in the Westmont District shall be built by a builder which, during each of the five
(5) calendar years prior to commencement of construction of such Dwelling in the Westmont
District, has built fewer than one hundred (100) Dwellings per calendar year.
It is Mr. Molitor's conclusion that the provision in 4.3, if enforced, would violate Indiana law, specifically
IC 24- 1 -2 -3, and, possibly federal law regarding interstate commerce.
Based upon the opinion of Mr. Molitor, and with the concurrence of Mayor Brainard, the Department
will not be enforcing Section 4.3 of Z- 507 -07, the Westmont PUD.
Attached to this letter, please find a copy of Mr. Molitor's opinion. If you wish to discuss further the
attached or any of the above, please call me at 317 571 2422, or email, mhollibauRh@carmel.in.gov.
Yours truly,
•
Michael Hollibaugh
Director
Copy: Mayorlim Brainard
Douglas Haney, Carmel City Attorney
Westmont PUD file
DEPARTMENT OP COMMUNITY SERVICES
ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571,2417, FAX 31.7.571.2426
MICHAEL P. HOLLIBAUGH, DIRECTOR
John R. Molitor
Attorney at Law (317) 843 -5511
9465 Counselors Row, Suite 200 Fax (317) 843 -1543
Indianapolis, IN 46240 -6150 e-mail jmolitor@prodigy.net
MEMORANDUM
To: Mike Hollibaugh, Director, Department of Community Services (DOCS)
From: John Molitor, Counsel to the Carmel Plan Commission
Date: May 2, 2012
Re: Legality of Westmont PUD Ordinance
You have asked me for a legal opinion regarding the ongoing validity and constitutionality of Section
4.3 of the referenced planned unit development district ordinance, which reads as follows:
Section 4.3 Each Dwelling in the Westmont District shall be built by a builder which, during each
of the five (5) calendar years prior to the commencement of construction of such Dwelling in the
Westmont District, has built fewer than one hundred (100) Dwellings per calendar year.
This ordinance was adopted by the City Council in 2007 after receiving a favorable recommendation
by the Plan Commission. When I inquired recently of DOCS staff about the impact that this section has
had on builder activity, it was reported back to me that only two building permits had yet been issued
for homes in the Westmont district. I was astonished; this is a planned, 143 -lot subdivision, but there
have been only two permits taken down in five years. Apparently, Section 4.3 has dampened — if not
completely eliminated — economic activity in this district since the ordinance was adopted.
On its face, Section 4.3 discriminates against all larger companies engaged in homebuilding — that is,
those who are regularly building 100 or more homes every year. Moreover, it obviously has a disparate
impact on homebuilders who are engaged in interstate commerce (doing business in more than one
state). Most — if not all — regional and national companies build well over 100 homes per year, or they
simply won't survive in a multistate market. Certainly, these factors indicate that the provisions of
Section 4.3 are restraining or restricting trade and probably interfering with interstate commerce.
Combinations in restraint of trade have been prohibited in virtually every state now for at least a
century. Indiana's existing statutes on this topic date back to 1907, and they have remained essentially
unchanged since that time; see, for example, Ind. Code § 24 -1 -2 -3 (attached); cf. Harvest Insurance
Agency v. Inter -Ocean Insurance Company, 492 N.E.2d 686, 688 (Ind. 1986) ( "Covenants not to
compete are in restraint of trade and are not favored by the law. "). Thus, even where the PUD
applicants and their representatives have drafted and agreed to include the restraint in their own PUD
ordinance, there is a risk that the City as well as the PUD proponents could be charged with illegally
engaging in a scherne to restrain trade.
The notion that state and local governments may not unduly regulate interstate commerce is even more
fully established. It dates back to the adoption of the U.S. Constitution and has been recognized in
many decisions of the Supreme Court of the United States; see, for example, Pike v. Bruce Church, 397
U.S. 137, 142 (1970), where the Court's opinion stated:
Where the statute regulates evenhandedly to effectuate a legitimate local public interest, and its
effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on
such commerce is clearly excessive in relation to the putative local benefits. If a legitimate local
purpose is found, then the question becomes one of degree. And the extent of the burden that will
be tolerated will of course depend on the nature of the local interest involved, and on whether it
could be promoted as well with a lesser impact on interstate activities.
Memo to Mike Hollibaugh
May 2, 2012
Page 2 of 2
In the case of Westmont, where a PUD ordinance has practically prohibited companies that are engaged
in interstate commerce from ever building in the PUD district — without any apparent, legitimate local
purpose — it seems unlikely that it could ever be upheld.
In light of the above, then, it is my opinion that Section 4.3 violates Indiana law and may even violate
the interstate commerce clause of the U.S. Constitution. Therefore, my recommendation is that the City
should decline to enforce it, at least until such time as the Plan Commission and City Council may have
an opportunity to consider repealing it or replacing it with ordinance provisions that comply with State
and Federal law.
Attachment: Ind. Code § 24 -1 -2 -3
ATTACHMENT
IC 24 -1 -2 -3 Restraint of bidding for letting contracts; offense
Sec. 3. A person who engages in any scheme, contract, or combination to restrain or restrict bidding
for the letting of any contract for private or public work, or restricts free competition for the letting of
any contract for private or public work, commits a Class A misdemeanor. [Formerly: Acts 1907, c.243,
s.3; as amended by Acts 1978, P.L.2, Sec.2404.] Note: The 1978 legislative amendment merely
classified the offense as a Class A misdemeanor, without changing its elements.
Sponsor: Councilor Richard L. Sharp
ORDINANCE Z- 507 -07
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING
WESTMONT
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 "Westmont Ordinance ") which establishes Westmont Planned Unit
Development District (the "Westmont District ") with respect to the real estate legally described
in what is attached hereto and incorporated herein by reference as Exhibit 1 (the "Real Estate ")
NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC §36 -7-
4 -1500 et seq., it adopts this Westmont Ordinance, as an amendment to the Zone Map, (ii) all
prior ordinances or parts thereof inconsistent with any provision of this Westmont 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 Westmont Ordinance, and (iv) this Westmont Ordinance shall be in full
force and effect from and after its passage and signing by the Mayor.
Section 1. Applicability of Ordinance.
Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned
Unit Development District to be known as Westmont District.
Section 1.2 Development in the Westmont District shall be governed entirely by (i)
the provisions of this Westmont Ordinance and its exhibits, and (ii) those provisions of
the Zoning Ordinance specifically referenced in this Westmont Ordinance. In the event of
a conflict or inconsistency between this Westmont Ordinance and the Zoning Ordinance, •
the provisions of this Westmont Ordinance shall apply.
Section 1.3 Any capitalized term not defined in Section 2 of this Westmont PUD shall
have the meaning as set forth in the Zoning Ordinance in effect on the date of the
enactment of this Westmont Ordinance.
1
Section 1.4 All violations of this Westmont 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 Westmont 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.
Section 2.2 Definitions. The following definitions shall apply throughout this
Westmont 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.
Architectural Review Board. A board, established by the Declaration(s) of
Covenants, responsible for reviewing each Dwelling prior to the commencement
of construction thereof.
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 eaves and ridges for gable, hip, and gambrel roofs.
BZA: The City's Board of Zoning Appeals
City: The City of Carmel, Indiana.
Commission: The Carmel Plan Commission.
Community Open Space: Open Space that is accessible to all owners in the
Westmont District. Community Open Space shall be in the areas identified on the
Open Space Plan (Exhibit 4) as Community Open Space.
2
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 PPV, LLC until such time as PPV, LLC
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,
PPV, LLC 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 Controlling Developer with respect to such
parcels owned by 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 the City of Carmel, Indiana.
Declaration(s) of Covenants: Declaration(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 Westmont 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 (i) 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 designated by the Controlling Developer
for the use and enjoyment of some or all of the residents of the Westmont District
and (ii) both Community Open Space and Restrictive Open Space Except as
otherwise provided herein, open space does not include any area which is divided
into building lots, streets (except the landscaped medians of boulevards) or rights
of way (except tree lawns). The area of parking facilities serving the activities in
the open space and paths or sidewalks located therein may be included in the
required area computations.
Owners Association's): Owners Association(s) established by the Declaration(s)
of Covenants.
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
115.824 acres, more or less.
Restrictive Open Space: Open Space that is accessible only to the Owners, with
the Westmont District, whose Lots surround the Restrictive Open Space.
Restrictive Open Space shall comprise the areas identified on the Open Space
Plan as Restrictive Open Space.
Sign: Any type of sign as further defined and regulated by this Westmont
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 Westmont 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.
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 7).
Section 4.2 The applicable character illustrations, indicating conceptually the intended
architecture and appearance of (i) Dwellings on 100 and 120 foot wide lots are contained
within Exhibit 8, and (ii) Dwellings on 80 foot wide lots are contained within Exhibit 9.
Section 4.3 Each Dwelling in the Westmont District shall be built by a builder which,
during each of the five (5) calendar years prior to the commencement of construction of
such Dwelling in the Westmont District, has built fewer than one hundred (100)
Dwellings per calendar year. —�
4
Section 4.4 One hundred (100) foot turning radii shall be permitted on the street
corners adjacent to the lots identified on the Concept Plan as Tots 100 and 105.
Section 5. Bicycle and Pedestrian Plan and Open Space. The Bicycle and Pedestrian Plan
is attached as Exhibit 3. The Controlling Developer shall install up to six (6) bicycle route signs,
within the public right -of -way, in locations selected by the City. Open Space shall comprise a
minimum of thirty-eight (38) acres and shall be in the areas identified on the Open Space Plan
(Exhibit 4). Within the common area located in the southeast corner of the Westmont District,
the Controlling Developer shall install a gazebo or pergola.
Section 5.1. Ponds. Ponds shall not have long, unbroken segments of straight
shorelines, and fountains may be installed in ponds in the Controlling Developer's
discretion.
Section 5.2 Trails. The nature trail identified by a blue dashed line on the Pedestrian
and Bicycle Plan (Exhibit 3) and the pedestrian access easement located within the side
yards of lots and also identified on the Pedestrian and Bicycle Plan (Exhibit 3) shall be
surfaced with limestone fines.
Section 6. Landscaping Requirements. The landscaping in the Westmont District shall
be as specified in Exhibit 6 (the Landscape Plan).
Section 6.1. General Landscaping Standards. Landscaping shall be integrated with
other functional site design elements, where appropriate, such as hardscape materials,
paths, sidewalks, fencing or entry features.
A. All trees, shrubs and ground covers shall be planted according to American
Standard for Nursery Stock (ANSI Z60.1), and following the standards and
best management practices (BMPs) published by the Department's Urban
Forestry Section. Landscaping materials shall be appropriate to local
growing and climatic conditions. Plant suitability, maintenance and
compatibility with site construction features are critical factors that should
be considered.
13. Shade trees shall be at least 2.5 inches in caliper diameter when planted.
Ornamental trees shall be at least 1.5 inches caliper diameter when planted.
Evergreen trees shall be eight (8) feet in height when planted. Shrubs shall
be at least twenty -four (24) inches in height when planted. Ornamental
grasses shall obtain a mature height of at least 3 feet.
C. Trees with Tree Preservation Areas identified on the Exhibit 5 (Tree
Preservation/Clearing Plan) shall be preserved; provided, however, trees may
be removed under any of the following circumstances:
1. As is necessary to clear underbrush and dead trees;
5
2. As is necessary for the installation of access easements, paths,
sidewalks, utilities and drainage improvements, infrastructure; and
3. As is necessary for public health and safety as determined in cooperation
with the Urban Forester.
Section 6.2. Street Trees. Medium or large growing shade trees, of the specifications
set forth in Section 6.1(B) above, shall be planted within the street right -of -way, parallel
to each street, in planting strips. Street trees shall be planted a minimum of thirty (30) feet
and a maximum of fifty (50) feet on center.
A. Per City standards, no street trees shall be planted in conflict with drainage
or utility easements or structures, underground detention (unless so designed
for that purpose), or within traffic vision safety clearances. However, where
the logical location of proposed utilities would compromise the desired
effect, the Controlling Developer may solicit the aid of the City's Urban
Forester in mediating cost - effective solutions.
B. Street tree species shall be selected from the City's published list of
recommended street trees. Street trees shall be pruned to a height of eight
(8) feet minimum over sidewalks and twelve (12) feet minimum over
streets, to allow free passage along the sidewalk.
Section 6.3. Dwelling Landscaping Standards Building base landscaping for each
Dwelling shall include a minimum of fourteen (14) shrubs and /or ornamental grasses,
two (2) shade trees and one (1) ornamental tree, and shall be planted along the (i) front
elevation of the Dwelling and (ii) the side elevations of the Dwelling not occupied by a
driveway or a garage door.
Section 6.4. Maintenance It shall be the responsibility of the owners and their agents
to insure proper maintenance of project landscaping in accordance with this Westmont
Ordinance and best management practice standards. This is to include, but is not limited
to, mowing, tree trimming, planting, maintenance contracting, irrigation and mulching of
planting areas, replacing dead, diseased, or overgrown plantings with identical varieties
or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and
weeds.
Section 7. Signs and Street Lights. Unless variances are granted by the BZA, signage
for all residential areas shall meet the requirements of Article 25.7 of the Zoning Ordinance.
Typical residential signs are depicted on Exhibit 10. Illumination of any monument signs
identifying the Westmont District shall be from a source external to such signage. All street
lights located within the public rights -of -way shall have downcast fixtures /90 degree cutoff.
Section 8. Maximum Unit Limitations. The total number of Dwellings shall not exceed
one hundred forty three (143).
6
Section 9. Homeowners Association and Declaration of Covenants. Declarations of
Covenant(s) shall be prepared by the Controlling Developer and recorded with the Recorder of
Hamilton County, Indiana. There may be multiple Declaration(s) of Covenants applicable to
different portions of the Real Estate, and multiple corresponding Owners' Association(s). The
Declaration(s) of Covenants shall establish an Architectural Review Board, which shall establish
guidelines regarding the design and appearance of Dwellings and, with respect to residential
colors, shall provide that (i) selected colors must be harmonious with colors used on the
Dwelling, such as roofing and brick, and must be harmonious with other colors used in the
Westmont District, (ii) multiple colors are available on the color palette approved by the
Architectural Review Board, which, from time to time, may be reviewed and updated.
Section 10. Approval Process.
10.1 Approval or Denial of the Primary Plat/Development Plan.
A. Concept Plan. The Concept Plan has been reviewed and approved by the
Commission, and constitutes the approved primary plat and, as such, the
Developer shall not be required to return to 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
conformance with the Development Requirements of this Westmont
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 10.2. Modification of Development Requirements.
A. The Commission may, upon petition of the Controlling Developer, modify
any requirements specified in this Westmont Ordinance.
B. Modification of the Development Requirements, requested by the
Controlling 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 Requirements shall
comply with the following guidelines:
7
1. The modification shall be in harmony with the purpose and intent
of this Westmont Ordinance.
2. The modification shall not have an adverse impact on the physical,
visual, or spatial characteristics of the Westmont 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 the
appearance of Westmont District.
5. The minimum lot size of any lot to be created shall not be reduced
below the requirements of this Westmont 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 Westmont 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 Westmont 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 this Westmont Ordinance.
Section 11. 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
E. Any text amendments or other variations to the terms and conditions of
this Westmont Ordinance.
8
PASSED by the Common Council of the City of Carmel, Indiana this day of
, 2007, by a vote of 7 ayes and a nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
pi ing Officer
• , ' 41K , ,Ab..,
seph R ffiths, Preside 7o Tempore
% e
E. Carter
Fredri ' J. GI
ATTEST:
Diana L. Cordray, IAMC, Clerk Tre rer
9
W. Eric Seidenst er
f"
Richard L. -harp
Presented by me to the Mayor of the City of Carmel, Indiana the • day of
, 2007, at 9 : L( a- o'clock 4 .M.
Diana L. Cordray, IAMC, Clerk Treas . er
Approved by me Ma or of the Cit of Carmel, Indiana, this g day of
APP Y , Y Y
, 2007, at 10 0 L o'clock f M.
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
es Brainard, Mayor
This Instrument prepared by: Charles D. Frankenberger, NELSON & FRANKENBERGER,
3 105 East 98th Street, Suite 170, Indianapolis, IN 46280.
10
HABedy■7nning B Ron] IAtaK MaIas∎PLATHMHrc yyWcstmad PU1) Ord W ithad TOC, ac.da:
A part of the South Half of Section 21, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast comer of said Half Section; thence South 89 degrees 38
Minutes 41 seconds West along the South line of said Half Section a distance of 1,337.65
feet to the Southeast corner of the West Half of the Southeast Quarter of said Section;
thence continuing South 89 degrees 38 minutes 41 seconds West along said South line
480.00 feet to the POINT OF BEGINNING of this description; thence North 00 degrees
13 minutes 55 seconds East parallel with the East line of said Half Quarter Section a
distance of 600.00 feet; thence North 89 degrees 38 minutes 41 seconds East parallel to
the South line of said Quarter Section a distance of 480.00 feet to the East line of said
Half Quarter Section; thence North 00 degrees 13 minutes 55 seconds East along said
East line 2,030.82 feet to the Northeast corner of said Half Quarter Section; thence South
89 degrees 40 minutes 24 seconds West along the North line of said Quarter Section a
distance of 1,345.38 feet to the Northeast corner of the Southwest Quarter of said
Section; thence South 89 degrees 39 minutes 54 seconds West along the North line of
said Quarter Section a distance of 748.82 feet to the Northeast corner of Westwood
Estates, Section 1, recorded as Instrument Number 2003 - 124222 in Plat Cabinet 3, Slide
313 in the Office of the Recorder, Hamilton County, Indiana; thence South 00 degrees 05
minutes 41 seconds East along the East line of Westwood Estates, Section 1 and parallel
to the West line of the East Half of said Quarter Section a distance of 1,315.72 feet to the
North line of the Bennett Subdivision, recorded as Instrument Number 2004 -49422 in
Plat Cabinet 3, Slide 443 in said Recorder's Office; thence along the Northern and
Eastern lines of said Bennett Subdivision by the next two (2) courses; 1) North 89
Degrees 38 minutes 41 seconds East 116.48 feet; 2) South 00 degrees 21 minutes 19
seconds East 1,315.91 feet to the South line of said Half Section; thence North 89 degrees
38 minutes 41 seconds East along said South line 1,810.19 feet to the place of beginning,
containing 115.824 acres, more or less.
EXHIBIT
SITE REQUIREMENT MATRIX
JJL, v Jul-Aar
Minimum
Lot Width at
Building
Line
iTlt,l' I .21L'a1.
Minimum
Lot
JvA7llaa, eJ
Minimum Lot
Frontage at
Street
Minimum Front Yard
Setback
Minimum
Side Yard
Setback
Minimum
Aggregate Side
Yard Setback
Minimum
Separation
Between
Dwellings
Minimum
Rear
Yard
Setback
Maximum
Building_
Height
Minimum
Square
Footage'
120 ft.
16,800 sf.
40 ft.
20 ft.
5 ft.
20 ft.
20 ft.
20 ft.
35 ft.
2,400 sf.
100 ft.
12,000 sf.
40 ft.
20 ft.
5 ft.
20 ft.
20 ft.
20 ft.
35 ft.
2,000 sf.
80 ft.
9,600 sf.
40 ft.
20 ft. for Dwellings with a
courtyard side -entry
garage, and 25 ft. for all
other Dwellings.
5 ft.
10 ft.
10 ft.
20 ft.
35 ft.
1,700 s£
ttiXl.Il1 1 X V 1 V l.\LLL
Permitted
Building
Materials
V 1 ru A.Rra.av o.,
Required
Window
Openings
a as a Ara �.........�� .. . - -- — ..
Garage Type
Chimneys
Porch
Roofline
Fences
Masonry, Wood,
2 per level, per
Court -, side -, or front - loading.
Masonry,
At least six feet
Primary Roof
Fences shall not be
Cementitious
facade .3 All
Front loading garages must be
extended
deep, consistent
shall have 6/12
chain -link or
Board, Synthetic
windows shall
recessed at least 10' back from the
fully to
materials /design
pitch.712"
coated chain -link.
Stucco, and
EIFS2
be fully framed
and trimmed
primary front facade of the
Dwelling.4 Garages may be
ground and
above
with Dwelling6
overhang after
installation of
Perimeter fences,
enclosing large
attached to the Dwelling or not
attached to the Dwelling. All
garages shall be a minimum of a
two (2) car garage, and tandem
garages are prohibited.
ridgeline5
siding.
areas on a lot, such
as a rear yard, shall
be black wrought
iron or black
wrought iron in
appearance.8
ft. — Feet
sf. — Square Feet
'Exclusive of porches, terraces, and garages.
2The exterior building materials and architectural style established by the front elevation of the Dwelling shall be continued around the side and rear elevations.
3Provided, however, that (i) windows shall not be required on the sides of front loaded garages and (ii) a vent may be substituted for a window on a gable.
4Front Loaded Garages are not permitted on Dwellings located on Lots which are eighty (80) feet in width at the building line.
SProvided, however, that chimneys which protrude from inside the Dwelling may also have cementitious board, synthetic stucco andlor EIFS as their exterior
building material.
6Porches are not required on all Dwellings. If no porch is provided, the entryway should be covered and deep enough to provide shelter at the front door, as well
as provide an appropriate and adequate level of detail.
71n order to permit diversity in architectural style, this requirement shall apply only to a majority of residences.
8Provided, however, that other forms of fencing, such as wooden shadow box fencing, shall be allowed to screen smaller areas, such as patios and hot tubs.
H:\Becky\Zoning & Real Estate\PLATNNM\Irsay\Dweliing Matrix 062007.doc
CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF PLATINUM PROPERTIES, LLC
TO REZONE PROPERTY LOCATED
AT 2000 WEST 136TFt STREET
PURSUANT TO INDIANA CODE 36 -7 -4 -605
ORDINANCE No. Z- 507 -07
To: The honorable Common Council
of the City of Carmel
Hamilton - County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket No. 07020014 Z)
of Platinum Properties, LLC, petitioning the Commission for a favorable recommendation to rezone property
located at 2000 West 136'h Street, from S1/Residential to PUD /Planned Unit Development for the purpose of
creating a single - family detached residence subdivision, to be known as the Westmont PUD.
The Cannel Plan Commission's recommendation on the petition oldie applicant is "FAVORABLE"
At its regularly scheduled meeting on June 19, 2007, the Carmel Plan Commission voted seven (7) In Favor,
zero (0) Opposed, to forward to the Common Council the proposed Ordinance No. Z- 507 -07 with a
FAVORABLE recommendation, and with the following stipulations: 1) The developer will continue to
work with Carmel Engineering at Secondary Plat approval for traffic calming devices for all aspects of this
plat; 2) in the event the City is able to acquire easement and right -of -way on the north side of 136th Street
before the planned improvement to 13611 Street, the developer will install a path and device to get over the
creek to connect to neighboring Saddle Creek Development.
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7 -
4-608(f)(4), the Council has ninety (90) days to act on this petition before it becomes effective as Certified
by the Commission. Ninety days from the date of this Certification (May 9, 2007) is Monday, September
24, 2007.
ATT
%I /� /�.il
Ramo to Hancock, Secret ry
Carmel Plan Commission
Dated: June 27, 2007
2007 -0627; Z- 507 -07 WEST MONT I'M CERTIFICATION
CARMEL ' r AN C I MMISS ON
BY!'
Leo Dierckman, President
Received
JUN 2 7 2007
Carmel
Clerk - Treasurer