HomeMy WebLinkAboutApplication & PUD OrdinanceBabbitt, Pamela A
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Sent:
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Subject:
Butler, Angelina V
Tuesday, July 27, 2004 11:22 AM
Babbitt, Pamela A
Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Mike P; Keeling,
Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C; Stahl,
Gayle H; Pohlman, Jesse M
Docket No. Assignment:(Z) Traditions on the Monon PUD (04070034 Z)
Pam,
Please print and fax this e-mail to the petitioner identified below and update the files. I have issued the necessary
Docket Number for (Z) Traditions on the Monon PUD. It will be the following:
Docket No. 04070034 Z
$1250+ 100'11 acres= 2,350
Total Fee: $2,350.00
Docket No. 04070034 Z: Traditions on the Monon PUD
The applicant seeks to rezone approximately 11 acres from R-I/Residence and B-2/Business Classifications to
PUD/Planned Unit Development.
The site is located northwest of 136th Street and Range Line Road.
Filed by Jim Shinaver of Nelson & Frankenberger for Buckingham Properties, Inc.
Petitioner, please note the following:
1. This Item has been placed on the August 18 agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, August 27. Published notice is
required within the Indianapolis Star.
3. Proof of Notice will need to be received by this Department no later than Noon, Friday, September 17. Failure
to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary
Ramona Hancock no later than Noon, Friday, September 10. Failure to submit Informational Packets by this time will
result in the tabling of the petition to the Tuesday, October 19, agenda of the Plan Commission.
5. The Item will appear on the September 21, 2004 agenda of the Plan Commission under (Public Hearings).
6. The Item will also appear on the Tuesday, October 5, agenda of the Plan Commission Subdivision Committee.
Petitioner, please complete the following:
1 .) Provide a copy of the official list of adjacent properties from the Hamilton County Auditor.
2.) Please provide a location map, showing adjacent zoning and land uses.
3.) Please fill out the affidavit and have notarized.
4.) Please provide the record of ownership: deed book, page, and purchase date.
5.) Please distribute plans to all TAC members by August 3. TAC member list can be found online at
www.ci.carmel.in.us.
6.) Note: a review letter may be sent prior to the TAC meeting.
Please contact Mr. Shinaver at 844-0106 (Fax: 846-8782) with this information. Om
filed) please return it to Jon's office. ~,~_. ~ ~/ie~' ~a.~
Thank you,
Angie Butler
Planning Administrator
Smith Rezone
contact:
Jim Shinaver
844-0106
846-8782 fax
PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING ORDINANCE
- REZONE APPLICATION-
$750.00 plus $100.00 per acre
(PUD.S1,250.00, plus $100.00 per acre)
Date: July 23, 2004
Docket No.' ~/~ ~)7~D~Sq
Name of Owner: Diane Smith and the life estate of Mary Smith
Carmel, IN 46032
Name of Applicant: Buckingham Properties, Inc.- Contact: David E. Leazenby
333. N. Pennsylvania St., 10th Floor
Indianapolis, IN 46204
Phone: 317-974-1234
Fax: 317-974-1238
Attorney:
James E. Shinaver & Charles D. Frankenberger
3105 East 98th
Indianapolis, IN 46280
Phone: 317-844-0106
Fax: 317-846-8782
Record of Ownership: Deed Book:
Page: Purchase Date:
Legal Description: See Exhibit 'A"
Common Address of Property Involved (or General Description if no Address Exists):
11.4 acres in the northwest area of the intersection of Smokey Row Road and Rangeline Road as shown
in attached Exhibit "B."
Proposed Zoning Change: From the B2 & R1 District to a Planned Unit Development District, for the
entirety of the Real Estate, which is made a part of this petition.
Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary):
The Comprehensive Plan, as it pertains to the Real Estate, seems to suggest the Medium or High Intensity
Regional Commercial Employment Area. The development of the proposed Multi-Family/Townhome
development is not necessarily inconsistent with the Comprehensive Plan as it is a more intense
residential use, which is appropriate as a buffer and transition to surrounding uses.
Revised 01/05/04
z:\shared~formsLPC application~rezone.app
H:\UserklanetWormskZoning\Carmel\Pet. Change Zoning Map. doc
AFFIDAVIT
(I/We), being duly sworn, depose and say that (I/We) (am/are) the (owner(s)) of Fifty Percent (50%) or more
of the property involved in this application and that the foregoing signatures, statements, and answers herein
contained and the information herewith submitted are in all respects true and correct to the best of (my or
our) knowledge and belief.
Signature
(types or printed)
Address
City, State, ZIP
The applicant, correspondent, or agent (if different from owner or owners)
Name Name
Telephone Telephone
Date Date
State of Indiana )
) SS:
County of )
Before me the undersigned, a Notary Public for
(officer's county of residence)
County, State of Indiana, personally appeared
(name of person(s))
and
acknowledged the execution of the foregoing instrument this
day of
,2004.
(SEAL and Signature)
My commission expires:
(printed or typed)
z:\shared\forms\pc applicationXrezoneapp
Revised 01/05/04
HXUserHanet\FormsXZoning\Carmel~Pet. Change Zoning Map.doc
EXHIBIT "A"
Legal Descriptions
Instrument #200346911
Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana,
more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3 East
in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West (bearing assumed) on the
South line of said Southeast Quarter 787.86 feet to the East right-of-way line of Monon Railroad and the point
of curvature of a curve whose radius bears South 85 degrees 44 minutes 11 seconds West 1983.00 feet from
the point of curvature; thence Northerly on said East right-of-way line on said curve an arc distance of 105.26
feet to the true place of beginning of the tract herein described; thence Northerly on said East fight-of-way line
on said curve an arc distance of 229.04 feet to the Northwest comer of the real estate described in Deed
Record 137, page 132 of the Hamilton County Recorder's Records; thence North 90 degrees 00 minutes 00
seconds East on the North line of said real estate 626.55 feet to the Northeast comer of said real estate and the
West right-of-way line of the old Indiana Railroad Co., said Northeast comer being the point of curvature of a
curve whose radius bears South 62 degrees 24 minutes 03 seconds East 1943.08 feet from the point of
curvature; thence Southwesterly on said West right-of-way line of said curve an arc distance of 356.96 feet to
the Southeast comer of said real estate; thence North 90 degrees 00 minutes 00 seconds West on said South
line 56.55 feet to a point located 406.10 feet Westerly from the Southeast comer of said Southeast Quarter;
thence North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes 00
seconds West parallel with said South line 159.05 feet; thence South 00 degrees 00 minutes 00 seconds West
107.52 feet to said South line; thence North 90 degrees 00 minutes 00 seconds West on said South line 82.54
feet to a point located 645.75 feet Westerly of the Southeast comer of said Southeast Quarter; thence North 00
degrees 00 minutes 00 seconds West 104.71 feet; thence North 90 degrees 00 minutes 00 seconds West 152.72
feet to the place of beginning, containing 3.21 acres, more or less.
Subject to taxes for the year 2003 due and payable in May and November 2004, and all subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record.
Instrument 0200439923
A part of the Southeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 24, Township 18 North, Range
3 East, described as follows:
Begin at a point 330.25 feet north of the Southeast comer of said Section 24; run thence West parallel with the
south line of said Section a distance of 853.00 feet. Thence Northwesterly on a curve along the old Monon
R.R. east right-of-way 620.0 feet. Thence East parallel with the South line of said tract a distance of 1099.1
feet to the East line of said Section 24. Thence South on and along said East line 568.5 feet to the place of
beginning, containing 12.0 acres, more or less.
EXCEPT: Begin at a point 330.25 feet North of the Southeast comer of Section 24, Township 18 North, Range
3 East, and run thence west and parallel with the south line of said Section 853.0 feet to the East line of what
was formerly the Monon R.R. right of way. Thence northwesterly on a curve 263.5 feet to an iron stake; thence
east parallel with the south line of this tract 280.0 feet to an iron stake; thence south parallel with the east line
of said Southeast Quarter 200.0 feet to an iron stake: Thence east parallel with the south line of this tract 653.0
feet to a point at intersection with the said East line; thence south 50.0 feet to the place of beginning, said
EXCEPTION containing 2.10 acres, more or less.
ALSO EXCEPT: Beginning at a point on the East line of the Southeast Quarter of Section 24, Township 18
North, Range 3 East 380.25 feet North 00 degrees 00 minutes 00 seconds East (assumed bearing) from the
Southeast comer thereof; thence South 88 degrees 42 minutes 50 seconds West, parallel with the South line of
said Southeast Quarter 270.10 feet; thence North 00 degrees 00 minutes 00 seconds parallel with said East line
160.88 feet; thence South 88 degrees 42 minutes 50 seconds West, parallel with said South line 143.74 feet;
thence North 00 degrees 00 minutes 00 seconds East parallel with said East line 177.00 feet; thence North 88
degrees 42 minutes 50 seconds East, parallel with said South line 413.84 feet to the East line of said Southeast
Quarter; thence South 00 degrees 00 minutes 00 seconds on and along said East line 337.88 feet to the place of
beginning, this EXCEPTION containing 2.68 acres, more or less and is contained in a Warranty Deed to Smith
Funeral Home, Inc. dated October 23, 1980 and is recorded in the Office of the Recorder of Hamilton County
at Bk 323, Pg. 456.
ALSO EXCEPT:
A part of the East Half of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana, More particularly described as follows:
Commencing at the Southeast Comer of the East Half of the Southeast Quarter of Section 24, Township 18
North, Range 3 East, Clay Township, Hamilton County, Indiana; thence North 00 degrees 00 minutes 00
seconds East (assumed bearing) on the East line of said Southeast Quarter 898.75 feet to the Southeast comer
of the real estate described in Instrument Number 90-455 in the Office of the Recorder of Hamilton County,
Indiana, said point also being the Point of Beginning of the herein described real estate; thence South 88
degrees 42 minutes 00 seconds West parallel with the South line of said Southeast Quarter and on South line of
said real estate 758.70 feet to the Southwest comer of said real estate; thence South 00 degrees 33 minutes 29
seconds West 144.98 feet to a 5/8" Rebar with yellow cap stamped "WEIHE ENG 0012" in the center line of
Cool Creek; thence the following ten calls along the centerline of said Creek (these calls are for closure
purposes only; the actual lines follow the meanders of said centerline): 1) North 80 degrees 21 minutes 13
seconds East 170.50 feet; 2) South 80 degrees 47 minutes 03 seconds East 71.41 feet; 3) North 68 degrees 18
minutes 56 seconds East 44.54 feet; 4) North 88 degrees 12 minutes 49 seconds East 101.88 feet; 5) North 57
degrees 35 minutes 08 seconds East 69.78 feet; 6) South 60 degrees 14 minutes 12 seconds East 72.83 feet; 7)
North 76 degrees 42 minutes 32 seconds East 96.71 feet; 8) South 76 degrees 34 minutes 58 seconds East
60.95 feet; 9) North 66 degrees 39 minutes 41 seconds East 70.95; 10) North 85 degrees 03 minutes 20
seconds East 37.58 feet to the East line of said Quarter, said point being marked by a P.K. Nail; thence North
00 degrees 00 minutes 00 seconds East on said East line 84.73 feet to the Point of Beginning, containing 1.99
acres, more or less.
Subject to taxes for the year 2004 due and payable in May and November 2005, and all subsequent taxes.
Instrument #200367345
Part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range 3 East; Begin
at a cross in concrete 343.75 feet West on the Southeast comer of said Section 24; run thence West on said
South Section line 447 feet to a stone, thence Northwesterly along East right of way line of Monon Railroad
334.3 feet to an iron pipe on said East right of way line; thence East 640 feet to West right of way line Railroad
Company, thence Southwesterly along said right of way 359.5 feet to the place of beginning.
EXCEPT
TRACT 1: Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3
East in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West (bearing assumed) on
the South line of said Southeast Quarter 406.10 feet to the tree place of beginning of the tract herein described;
thence North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes 00
seconds West parallel with said South line 159.05 feet; thence South 00 degrees 00 minutes 00 seconds West
107.52 feet to said South line; thence North 90 degrees 00 minutes 00 seconds East on said South line 157.11
feet to the place of beginning, containing 0.39 acre, more or less.
TRACT II: Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3 East
in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West (bearing assumed) on the
South line of said Southeast Quarter 787.86 feet to the East right-of-way line of Monon Railroad and the point
of curvature of a curve whose radius bears South 85 degrees 44 minutes 11 seconds West 1983.00 feet from
the point of curvature; thence Northerly on said East right-of-way line on said curve an arc distance of 105.26
feet to the true place of beginning of the tract herein described; thence Northerly on said East right-of-way line
on said curve arc distance of 229.04 feet to the Northwest comer of the real estate described in Deed Record
137, page 132 of the Hamilton County Recorder's Records; thence North 90 degrees 00 minutes 00 seconds
East on the North line of said real estate 626.55 feet to the Northeast comer of said real estate and the West
right-of-way line of the old Indiana Railroad Co., said Northeast comer being the point of curvature of a curve
whose radius bears South 62 degrees 24 minutes 03 seconds East 1983.08 feet from the point of curvature;
thence Southwesterly on said West right-of-way line on said curve an arc distance of 356.96 feet to the
Southeast comer of said real estate; thence North 90 degrees 00 minutes 00 seconds West on said South line
56.55 feet to a point located 406.10 feet Westerly from the Southeast comer of said Southeast Quarter; thence
North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes 00 seconds
West parallel with the South line 159.05 feet; thence South 00 degrees 00 minutes 00 seconds West 107.52 feet
to said South line; thence North 90 degrees 00 minutes 00 seconds West on said South line 82.54 feet to a
point located at 645.75 feet Westerly of the South east comer of said Southeast Quarter; thence North 00
degrees 00 minutes 00 seconds West 104.71 feet; thence North 00 minutes 00 seconds West 152.72 feet to the
place of beginning, containing 3.21 acres, more or less.
Commonly known as 122 8th Street, N.W., Carmel, IN 46032
Subject to taxes for the year 2003 due and payable in May and November 2004, and all subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record
Instrument 0200346910
A part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, State of Indiana described as follows:
Begin at a point 330.25 feet North of the Southeast comer of Section 24, Township 18 North, Range 3 East,
run thence West parallel with the South line of said Section, 853.0 feet to the East right of way of the Monon
R.R., thence Northwesterly on a curve along said Right of Way, 263.5 feet to an iron stake, thence East parallel
with the South line of said tract 280.0 feet to an iron stake; thence South parallel with the East line of said
Southeast Quarter 200.0 feet to an iron stake, thence Est parallel with the South line of this tract, 653.0 feet to a
point at intersection with the said East line, thence South 50.0 feet to the place of beginning, containing 2.10
acres more or less.
Commonly known as 840 N. Rangeline Road, Carmel, IN 46032
Subject to taxes for the year 2003 due and payable in May and November 2004, and all subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record.
r
PETITIONER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, Buckingham Properties, Inc. ("Buckingham"), being the Petitioner in
regard to the real estate described in what is attached hereto and incorporated herein by reference
as Exhibit "A" (the "Real Estate") hereby authorizes and directs the law firm of Nelson &
Frankenberger, P.C. ("NF"), along with their employees, attorneys, and appointed agents, as
follows:
lo
To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Buckingham with respect to the
Real Estate including, without limitation, (i) approvals of changes in zoning classification
or rezones, necessary to permit the development of the Real Estate for a multi-family
residential development per the terms of a Planned Unit Development Ordinance
pursuant to the Zoning Ordinance for the City of Carmel (hereafter "Rezone
Application"), the terms and conditions of which shall be determined by Buckingham's
sole discretion, and (ii) all secondary approvals including, without limitation, preliminary
(primary) development plan approvals, detailed (secondary) development plan approvals,
improvement location permits, and all other approvals and permits required by the
Rezone Application, the City of Carmel and/or the Zoning Ordinance for the City of
Carmel and deemed necessary by Buckingham to further develop the Real Estate per the
terms of the Rezone Application (collectively the "Approvals"); and
.
To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission, and its committees, and the Common Council for the City of Carmel,
and its committees, and any other agency, and any other municipal or State agencies, and
to file, for and on behalf of the undersigned, all applications and petitions deemed
necessary by Buckingham to obtain the Approvals.
o
The undersigned, being duly sworn, deposes and says that the foregoing signatures,
statements, and answers herein contained and the information herewith submitted are in
all respects true and correct to the best of the undersigned's knowledge and belief.
Further to this Petitioner's Consent and Joinder in Petitions, the undersigned
acknowledge that this Petitioner's Consent and Joinder in Petitions shall constitute the execution
by the undersigned of all such Petitions filed by Buckingham, now or in the future, in furtherance
of the Approvals.
Date:
BUCKINGHAM PROPERTIES, INC.
By: B~
Parcel Nos. 16-09-24-00-00-026.000
16-09- 24-00-00-027.000
16-09-24-00-00-028.000
16-09-24-00-00-028.002
f
STATE OF
COUNTY OF ~ OV'k
)
) ss.
)
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Bradley B. Chambers, President of Buckingham Properties, Inc., who acknowledged
execution of this Petitioner's Consent and Joinder in Petitions.
2004.
Witness my hand and Notarial Seal this
day of
My Commission Expires:
County of Residence:
V'Y~O,r-~ trv-~
Not(~'-P~blic
Printed Name
H:klanetL13uckinghamkBuckingham~Petitioner' s Consent.doc
EXHIBIT "A"
Legal Descriptions
Instrument #200346911
Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana,
more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3 East
in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West (bearing assumed) on the
South line of said Southeast Quarter 787.86 feet to the East right-of-way line of Monon Railroad and the point
of curvature of a curve whose radius bears South 85 degrees 44 minutes 11 seconds West 1983.00 feet from
the point of curvature; thence Northerly on said East right-of-way line on said curve an arc distance of 105.26
feet to the true place of beginning of the tract herein described; thence Northerly on said East right-of-way line
on said curve an arc distance of 229.04 feet to the Northwest comer of the real estate described in Deed
Record 137, page 132 of the Hamilton County Recorder's Records; thence North 90 degrees 00 minutes 00
seconds East on the North line of said real estate 626.55 feet to the Northeast comer of said real estate and the
West right-of-way line of the old Indiana Railroad Co., said Northeast comer being the point of curvature of a
curve whose radius bears South 62 degrees 24 minutes 03 seconds East 1943.08 feet from the point of
curvature; thence Southwesterly on said West right-of-way line of said curve an arc distance of 356.96 feet to
the Southeast comer of said real estate; thence North 90 degrees 00 minutes 00 seconds West on said South
line 56.55 feet to a point located 406.10 feet Westerly from the Southeast comer of said Southeast Quarter;
thence North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes 00
seconds West parallel with said South line 159.05 feet; thence South 00 degrees 00 minutes 00 seconds West
107.52 feet to said South line; thence North 90 degrees 00 minutes 00 seconds West on said South line 82.54
feet to a point located 645.75 feet Westerly of the Southeast comer of said Southeast Quarter; thence North 00
degrees 00 minutes 00 seconds West 104.71 feet; thence North 90 degrees 00 minutes 00 seconds West 152.72
feet to the place of beginning, containing 3.21 acres, more or less.
Subject to taxes for the year 2003 due and payable in May and November 2004, and all subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record.
Instrument 0200439923
A part of the Southeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 24, Township 18 North, Range
3 East, described as follows:
Begin at a point 330.25 feet north of the Southeast comer of said Section 24; run thence West parallel with the
south line of said Section a distance of 853.00 feet. Thence Northwesterly on a curve along the old Monon
R.R. east right-of-way 620.0 feet. Thence East parallel with the South line of said tract a distance of 1099.1
feet to the East line of said Section 24. Thence South on and along said East line 568.5 feet to the place of
beginning, containing 12.0 acres, more or less.
EXCEPT: Begin at a point 330.25 feet North of the Southeast comer of Section 24, Township 18 North, Range
3 East, and run thence west and parallel with the south line of said Section 853.0 feet to the East line of what
was formerly the Monon R.R. right of way. Thence northwesterly on a curve 263.5 feet to an iron stake; thence
east parallel with the south line of this tract 280.0 feet to an iron stake; thence south parallel with the east line
of said Southeast Quarter 200.0 feet to an iron stake: Thence east parallel with the south line of this tract 653.0
feet to a point at intersection with the said East line; thence south 50.0 feet to the place of beginning, said
EXCEPTION containing 2.10 acres, more or less.
ALSO EXCEPT: Beginning at a point on the East line of the Southeast Quarter of Section 24, Township 18
North, Range 3 East 380.25 feet North 00 degrees 00 minutes 00 seconds East (assumed bearing) from the
Southeast comer thereof; thence South 88 degrees 42 minutes 50 seconds West, parallel with the South line of
said Southeast Quarter 270.10 feet; thence North 00 degrees 00 minutes 00 seconds parallel with said East line
160.88 feet; thence South 88 degrees 42 minutes 50 seconds West, parallel with said South line 143.74 feet;
thence North 00 degrees 00 minutes 00 seconds East parallel with said East line 177.00 feet; thence North 88
degrees 42 minutes 50 seconds East, parallel with said South line 413.84 feet to the East line of said Southeast
Quarter; thence South 00 degrees 00 minutes 00 seconds on and along said East line 337.88 feet to the place of
beginning, this EXCEPTION containing 2.68 acres, more or less and is contained in a Warranty Deed to Smith
Funeral Home, Inc. dated October 23, 1980 and is recorded in the Office of the Recorder of Hamilton County
at Bk 323, Pg. 456.
ALSO EXCEPT:
A part of the East Half of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana, More particularly described as follows:
Commencing at the Southeast Comer of the East Half of the Southeast Quarter of Section 24, Township 18
North, Range 3 East, Clay Township, Hamilton County, Indiana; thence North 00 degrees 00 minutes 00
seconds East (assumed bearing) on the East line of said Southeast Quarter 898.75 feet to the Southeast comer
of the real estate described in Instrument Number 90-455 in the Office of the Recorder of Hamilton County,
Indiana, said point also being the Point of Beginning of the herein described real estate; thence South 88
degrees 42 minutes 00 seconds West parallel with the South line of said Southeast Quarter and on South line of
said real estate 758.70 feet to the Southwest comer of said real estate; thence South 00 degrees 33 minutes 29
seconds West 144.98 feet to a 5/8" Rebar with yellow cap stamped "WEIHE ENG 0012" in the center line of
Cool Creek; thence the following ten calls along the centerline of said Creek (these calls are for closure
purposes only; the actual lines follow the meanders of said centerline): 1) North 80 degrees 21 minutes 13
seconds East 170.50 feet; 2) South 80 degrees 47 minutes 03 seconds East 71.41 feet; 3) North 68 degrees 18
minutes 56 seconds East 44.54 feet; 4) North 88 degrees 12 minutes 49 seconds East 101.88 feet; 5) North 57
degrees 35 minutes 08 seconds East 69.78 feet; 6) South 60 degrees 14 minutes 12 seconds East 72.83 feet; 7)
North 76 degrees 42 minutes 32 seconds East 96.71 feet; 8) South 76 degrees 34 minutes 58 seconds East
60.95 feet; 9) North 66 degrees 39 minutes 41 seconds East 70.95; 10) North 85 degrees 03 minutes 20
seconds East 37.58 feet to the East line of said Quarter, said point being marked by a P.K. Nail; thence North
00 degrees 00 minutes 00 seconds East on said East line 84.73 feet to the Point of Beginning, containing 1.99
acres, more or less.
Subject to taxes for the year 2004 due and payable in May and November 2005, and all subsequent taxes.
Instrument #200367345
Part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range 3 East; Begin
at a cross in concrete 343.75 feet West on the Southeast comer of said Section 24; run thence West on said
South Section line 447 feet to a stone, thence Northwesterly along East right of way line of Monon Railroad
334.3 feet to an iron pipe on said East right of way line; thence East 640 feet to West right of way line Railroad
Company, thence Southwesterly along said right of way 359.5 feet to the place of beginning.
EXCEPT
TRACT 1' Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3
East in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West (bearing assumed) on
the South line of said Southeast Quarter 406.10 feet to the true place of beginning of the tract herein described;
thence North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes 00
seconds West parallel with said South line 159.05 feet; thence South 00 degrees 00 minutes 00 seconds West
107.52 feet to said South line; thence North 90 degrees 00 minutes 00 seconds East on said South line 157.11
feet to the place of beginning, containing 0.39 acre, more or less.
TRACT II: Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3 East
in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West (bearing assumed) on the
South line of said Southeast Quarter 787.86 feet to the East right-of-way line of Monon Railroad and the point
of curvature of a curve whose radius bears South 85 degrees 44 minutes 11 seconds West 1983.00 feet from
the point of curvature; thence Northerly on said East right-of-way line on said curve an arc distance of 105.26
feet to the true place of beginning of the tract herein described; thence Northerly on said East right-of-way line
on said curve arc distance of 229.04 feet to the Northwest comer of the real estate described in Deed Record
137, page 132 of the Hamilton County Recorder's Records; thence North 90 degrees 00 minutes 00 seconds
East on the North line of said real estate 626.55 feet to the Northeast comer of said real estate and the West
right-of-way line of the old Indiana Railroad Co., said Northeast comer being the point of curvature of a curve
whose radius bears South 62 degrees 24 minutes 03 seconds East 1983.08 feet from the point of curvature;
thence Southwesterly on said West right-of-way line on said curve an arc distance of 356.96 feet to the
Southeast comer of said real estate; thence North 90 degrees 00 minutes 00 seconds West on said South line
56.55 feet to a point located 406.10 feet Westerly from the Southeast comer of said Southeast Quarter; thence
North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes 00 seconds
West parallel with the South line 159.05 feet; thence South 00 degrees 00 minutes 00 seconds West 107.52 feet
to said South line; thence North 90 degrees 00 minutes 00 seconds West on said South line 82.54 feet to a
point located at 645.75 feet Westerly of the South east comer of said Southeast Quarter; thence North 00
degrees 00 minutes 00 seconds West 104.71 feet; thence North 00 minutes 00 seconds West 152.72 feet to the
place of beginning, containing 3.21 acres, more or less.
Commonly known as 122 8th Street, N.W., Carmel, IN 46032
Subject to taxes for the year 2003 due and payable in May and November 2004, and all subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record
Instrument #200346910
A part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, State of Indiana described as follows:
Begin at a point 330.25 feet North of the Southeast comer of Section 24, Township 18 North, Range 3 East,
run thence West parallel with the South line of said Section, 853.0 feet to the East right of way of the Monon
R.R., thence Northwesterly on a curve along said Right of Way, 263.5 feet to an iron stake, thence East parallel
with the South line of said tract 280.0 feet to an iron stake; thence South parallel with the East line of said
Southeast Quarter 200.0 feet to an iron stake, thence Est parallel with the South line of this tract, 653.0 feet to a
point at intersection with the said East line, thence South 50.0 feet to the place of beginning, containing 2.10
acres more or less.
·
e
Commonly known as 840 N. Rangeline Road, Carmel, 1N 46032
Subject to taxes for the year 2003 due and payable in May and November 2004, and all subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record.
'FROM ' Bus se 1 1 &Kt- i e 9 smann Carme-'
V
FAX NO, '317-56~-9550 Jul. 23 200~ 02'~6PM P~
OWNER'S.CO~N_SENT AND JOINDER IN PETITIOBLS
The undersigned, being the owners of the real estate described in what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "R
. .es. E..tatc ) hereby authorize an.d
direct Buckingham Properties, Inc. ("Buckingham"), along with its employees, engineers, land
planners, a.ttomeys, and appointed agents, as follows-
To file, for and on behalf of the undersigned, any and all applications and pctitions
necessary to obtai, n all approvals deemed necessary by Buckingham with respect to the
Real Estate including, without limitation, (i) approvals of changes in zoning classification
or rczoncs, necessary to permit the development of the Real Estate for a multi-family
residential development pcr the temps of a Planned Unit Development Ordinance
pursum~t to the Zoning Ordinance for the City of Camlel (hereafter "Rezone
Application"), the temps and conditions of which shall be determined by Buckingham's
sole discretion, an.d (ii) all secondary approvals including, without limitation, prelimina,ry
(primary) developme~.~t plan approvals, detailed (secondary) development plan approvals,
improvement location permits, and all other approvals and permits required by the
Rezone Application, the City of Carmel and/or the Zoning Ordinance for the City of
Carmel and deemed necessary by Buckingham to further develop thc Real Estate per the
terms of thc Rczone Application (collectively the "Approvals"); and
.
To represent the undersigned in connection with the Approvals, bcfore the City of Carmel
Plan Commission, and its committees, and thc Conunon Cotmcil for the City of Camml,
and its committees, and any other agency, and any other nlunicipal or State agen.cics, and
to file, for and on behalf of the undersigned, all applications and petitions deemed
~]ecessary by Buckingham to obtain the Approvals.
,
Thc undersigned, being duly sworn, depose and say that they arc thc owners of the Real
Estate and that the foregoing signatures, statements, and answers herein contained and tl~e
information herewith submitted are in all respects true and cm3'ect to thc best of the
undersigneds knowledge and belief.
Further to this Owner's Consent and Joinder in Petitions, the undersigncd acknowledge
that this Owner's Consent and Joinder in Petitions shall constitute the execution by
undersigned of all such Petitions filed by Buc ow or in the futu furtherance of the
Approvals. ,~.
Date:
Diane L. Smith
Date'
Mary B. Smith by Janet Smith POA
'FROM :Bussel lS~Kr`iegsmann Car'me'
FFIX NO.
: 3:1."?-566-9558 ,.Tu 1.
23 ;2884 02:06PM P3
Parcel Nos. 16-09-24-00-00-026.000;
16-09-24-00-00-027.000
16-09-24-00-00-028.000
16-09-24-00-00-028.002
STATE OF INDIANA
COUNTY OF HAMILTON
)
) ss:
)
My Commission
March 23, 2008
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Diane L. Smith, who acknowledged execution of this Owner's Consent and Joinder
Petitions.
Witness my hand ~d Not~ial Seal this
.......... day of July, 2004.
Expir~~
~t ~~~::-? ~. ~ussEt[ ~a? L. Bussel; Notm~ Public
ll~¢)z;%.X~-i ~vc%;'~j;~,.~. I[esiding in Hamilton County, Indiana
STATE OF )
)SS:
COUNTY OF __)
Before mc thc undcrsigncd, a Notary Public in and for said County and State, personally
appeared Janet Smith as Attorney-in-Fact for Mary B. Smith, who acknowledged execution of
this Owner's Consent and Joinder in Petitions.
Witness my hand and Notarial Seal this
day of July, 2004.
My Commission Expires:
Notary Public
Residing in
County,
fl:\Janct\E(len\Duckingham\Owner's Consent,d~c
EXHIBIT "A"
Legal Descriptions
Instrument #200346911
Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana,
more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3 East
in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West (bearing assumed) on the
South line of said Southeast Quarter 787.86 feet to the East right-of-way line of Monon Railroad and the point
of curvature of a curve whose radius bears South 85 degrees 44 minutes 11 seconds West 1983.00 feet from
the point of curvature; thence Northerly on said East right-of-way line on said curve an arc distance of 105.26
feet to the true place of beginning of the tract herein described; thence Northerly on said East fight-of-way line
on said curve an arc distance of 229.04 feet to the Northwest comer of the real estate described in Deed
Record 137, page 132 of the Hamilton County Recorder's Records; thence North 90 degrees 00 minutes 00
seconds East on the North line of said real estate 626.55 feet to the Northeast comer of said real estate and the
West fight-of-way line of the old Indiana Railroad Co., said Northeast comer being the point of curvature of a
curve whose radius bears South 62 degrees 24 minutes 03 seconds East 1943.08 feet from the point of
curvature; thence Southwesterly on said West fight-of-way line of said curve an arc distance of 356.96 feet to
the Southeast comer of said real estate; thence North 90 degrees 00 minutes 00 seconds West on said South
line 56.55 feet to a point located 406.10 feet Westerly from the Southeast comer of said Southeast Quarter;
thence North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes 00
seconds West parallel with said South line 159.05 feet; thence South 00 degrees 00 minutes 00 seconds West
107.52 feet to said South line; thence North 90 degrees 00 minutes 00 seconds West on said South line 82.54
feet to a point located 645.75 feet Westerly of the Southeast comer of said Southeast Quarter; thence North 00
degrees 00 minutes 00 seconds West 104.71 feet; thence North 90 degrees 00 minutes 00 seconds West 152.72
feet to the place of beginning, containing 3.21 acres, more or less.
Subject to taxes for the year 2003 due and payable in May and November 2004, and all subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record.
Instrument 11200439923
A part of the Southeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 24, Township 18 North, Range
3 East, described as follows:
Begin at a point 330.25 feet north of the Southeast comer of said Section 24; run thence West parallel with the
south line of said Section a distance of 853.00 feet. Thence Northwesterly on a curve along the old Monon
R.R. east right-of-way 620.0 feet. Thence East parallel with the South line of said tract a distance of 1099.1
feet to the East line of said Section 24. Thence South on and along said East line 568.5 feet to the place of
beginning, containing 12.0 acres, more or less.
EXCEPT: Begin at a point 330.25 feet North of the Southeast comer of Section 24, Township 18 North, Range
3 East, and run thence west and parallel with the south line of said Section 853.0 feet to the East line of what
was formerly the Monon R.R. right of way. Thence northwesterly on a curve 263.5 feet to an iron stake; thence
es: '~ parallel with the south line of this tract 280.0 feet to an iron stake; thence south parallel with the east line
of said Southeast Quarter 200.0 feet to an iron stake: Thence east parallel with the south line of this tract 653.0
feet to a point at intersection with the said East line; thence south 50.0 feet to the place of beginning, said
EXCEPTION containing 2.10 acres, more or less.
ALSO EXCEPT: Beginning at a point on the East line of the Southeast Quarter of Section 24, Township 18
North, Range 3 East 380.25 feet North 00 degrees 00 minutes 00 seconds East (assumed bearing) from the
Southeast comer thereof; thence South 88 degrees 42 minutes 50 seconds West, parallel with the South line of
said Southeast Quarter 270.10 feet; thence North 00 degrees 00 minutes 00 seconds parallel with said East line
160.88 feet; thence South 88 degrees 42 minutes 50 seconds West, parallel with said South line 143.74 feet;
thence North 00 degrees 00 minutes 00 seconds East parallel with said East line 177.00 feet; thence North 88
degrees 42 minutes 50 seconds East, parallel with said South line 413.84 feet to the East line of said Southeast
Quarter; thence South 00 degrees 00 minutes 00 seconds on and along said East line 337.88 feet to the place of
beginning, this EXCEPTION containing 2.68 acres, more or less and is contained in a Warranty Deed to Smith
Funeral Home, Inc. dated October 23, 1980 and is recorded in the Office of the Recorder of Hamilton County
at Bk 323, Pg. 456.
ALSO EXCEPT:
A part of the East Half of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana, More particularly described as follows:
Commencing at the Southeast Comer of the East Half of the Southeast Quarter of Section 24, Township 18
North, Range 3 East, Clay Township, Hamilton County, Indiana; thence North 00 degrees 00 minutes 00
seconds East (assumed bearing) on the East line of said Southeast Quarter 898.75 feet to the Southeast comer
of the real estate described in Instrument Number 90-455 in the Office of the Recorder of Hamilton County,
Indiana, said point also being the Point of Beginning of the herein described real estate; thence South 88
degrees 42 minutes 00 seconds West parallel with the South line of said Southeast Quarter and on South line of
said real estate 758.70 feet to the Southwest comer of said real estate; thence South 00 degrees 33 minutes 29
seconds West 144.98 feet to a 5/8" Rebar with yellow cap stamped "WEIHE ENG 0012" in the center line of
Cool Creek; thence the following ten calls along the centerline of said Creek (these calls are for closure
purposes only; the actual lines follow the meanders of said centerline): 1) North 80 degrees 21 minutes 13
seconds East 170.50 feet; 2) South 80 degrees 47 minutes 03 seconds East 71.41 feet; 3) North 68 degrees 18
minutes 56 seconds East 44.54 feet; 4) North 88 degrees 12 minutes 49 seconds East 101.88 feet; 5) North 57
degrees 35 minutes 08 seconds East 69.78 feet; 6) South 60 degrees 14 minutes 12 seconds East 72.83 feet; 7)
North 76 degrees 42 minutes 32 seconds East 96.71 feet; 8) South 76 degrees 34 minutes 58 seconds East
60.95 feet; 9) North 66 degrees 39 minutes 41 seconds East 70.95; 10) North 85 degrees 03 minutes 20
seconds East 37.58 feet to the East line of said Quarter, said point being marked by a P.K. Nail; thence North
00 degrees 00 minutes 00 seconds East on said East line 84.73 feet to the Point of Beginning, containing 1.99
acres, more or less.
Subject to taxes for the year 2004 due and payable in May and November 2005, and all subsequent taxes.
Instrument 0200367345
Part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range 3 East; Begin
at a cross in concrete 343.75 feet West on the Southeast comer of said Section 24; run thence West on said
South Section line 447 feet to a stone, thence Northwesterly along East right of way line of Monon Railroad
334.3 feet to an iron pipe on said East right of way line; thence East 640 feet to West right of way line Railroad
Company, thence Southwesterly along said right of way 359.5 feet to the place of beginning.
EXCEPT
TRACT 1' Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3
East in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West (beating assumed) on
the South line of said Southeast Quarter 406.10 feet to the true place of beginning of the tract herein described;
thence North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes 00
seconds West parallel with said South line 159.05 feet; thence South 00 degrees 00 minutes 00 seconds West
107.52 feet to said South line; thence North 90 degrees 00 minutes 00 seconds East on said South line 157.11
feet to the place of beginning, containing 0.39 acre, more or less.
TRACT II: Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3 East
in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West (bearing assumed) on the
South line of said Southeast Quarter 787.86 feet to the East right-of-way line of Monon Railroad and the point
of curvature of a curve whose radius bears South 85 degrees 44 minutes 11 seconds West 1983.00 feet from
the point of curvature; thence Northerly on said East right-of-way line on said curve an arc distance of 105.26
feet to the true place of beginning of the tract herein described; thence Northerly on said East right-of-way line
on said curve arc distance of 229.04 feet to the Northwest comer of the real estate described in Deed Record
137, page 132 of the Hamilton County Recorder's Records; thence North 90 degrees 00 minutes 00 seconds
East on the North line of said real estate 626.55 feet to the Northeast comer of said real estate and the West
right-of-way line of the old Indiana Railroad Co., said Northeast comer being the point of curvature of a curve
whose radius bears South 62 degrees 24 minutes 03 seconds East 1983.08 feet from the point of curvature;
thence Southwesterly on said West right-of-way line on said curve an arc distance of 356.96 feet to the
Southeast comer of said real estate; thence North 90 degrees 00 minutes 00 seconds West on said South line
56.55 feet to a point located 406.10 feet Westerly from the Southeast comer of said Southeast Quarter; thence
North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes 00 seconds
West parallel with the South line 159.05 feet; thence South 00 degrees 00 minutes 00 seconds West 107.52 feet
to said South line; thence North 90 degrees 00 minutes 00 seconds West on said South line 82.54 feet to a
point located at 645.75 feet Westerly of the South east comer of said Southeast Quarter; thence North 00
degrees 00 minutes 00 seconds West 104.71 feet; thence North 00 minutes 00 seconds West 152.72 feet to the
place of beginning, containing 3.21 acres, more or less.
Commonly known as 122 8th Street, N.W., Carmel, IN 46032
Subject to taxes for the year 2003 due and payable in May and November 2004, and all subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record
Instrument #200346910
A part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, State of Indiana described as follows:
Begin at a point 330.25 feet North of the Southeast comer of Section 24, Township 18 North, Range 3 East,
run thence West parallel with the South line of said Section, 853.0 feet to the East right of way of the Monon
R.R., thence Northwesterly on a curve along said Right of Way, 263.5 feet to an iron stake, thence East parallel
with the South line of said tract 280.0 feet to an iron stake; thence South parallel with the East line of said
Southeast Quarter 200.0 feet to an iron stake, thence Est parallel with the South line of this tract, 653.0 feet to a
point at intersection with the said East line, thence South 50.0 feet to the place of beginning, containing 2.10
acres more or less.
Commonly known as 840 N. Rangeline Road, Carmel, IN 46032
Subject to taxes for the year 2003 due and payable in May and November 2004, and all subsequent taxes.
Subject to any easements, agreement, fights of way and restrictions of record.
EXHIBIT "A"
Legal Descriptions
Instrument 0200346911
Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana,
more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3 East
in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West (bearing assumed) on the
South line of said Southeast Quarter 787.86 feet to the East right-of-way line of Monon Railroad and the point
of curvature of a curve whose radius bears South 85 degrees 44 minutes 11 seconds West 1983.00 feet from
the point of curvature; thence Northerly on said East right-of-way line on said curve an arc distance of 105.26
feet to the tree place of beginning of the tract herein described; thence Northerly on said East right-of-way line
on said curve an arc distance of 229.04 feet to the Northwest comer of the real estate described in Deed
Record 137, page 132 of the Hamilton County Recorder's Records; thence North 90 degrees 00 minutes 00
seconds East on the North line of said real estate 626.55 feet to the Northeast comer of said real estate and the
West right-of-way line of the old Indiana Railroad Co., said Northeast comer being the point of curvature of a
curve whose radius bears South 62 degrees 24 minutes 03 seconds East 1943.08 feet from the point of
curvature; thence Southwesterly on said West right-of-way line of said curve an arc distance of 356.96 feet to
the Southeast comer of said real estate; thence North 90 degrees 00 minutes 00 seconds West on said South
line 56.55 feet to a point located 406.10 feet Westerly from the Southeast comer of said Southeast Quarter;
thence North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes 00
seconds West parallel with said South line 159.05 feet; thence South 00 degrees 00 minutes 00 seconds West
107.52 feet to said South line; thence North 90 degrees 00 minutes 00 seconds West on said South line 82.54
feet to a point located 645.75 feet Westerly of the Southeast comer of said Southeast Quarter; thence North 00
degrees 00 minutes 00 seconds West 104.71 feet; thence North 90 degrees 00 minutes 00 seconds West 152.72
feet to the place of beginning, containing 3.21 acres, more or less.
Subject to taxes for the year 2003 due and payable in May and November 2004, and all subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record.
Instrument 11200439923
A part of the Southeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 24, Township 18 North, Range
3 East, described as follows:
Begin at a point 330.25 feet north of the Southeast comer of said Section 24; run thence West parallel with the
south line of said Section a distance of 853.00 feet. Thence Northwesterly on a curve along the old Monon
R.R. east right-of-way 620.0 feet. Thence East parallel with the South line of said tract a distance of 1099.1
feet to the East line of said Section 24. Thence South on and along said East line 568.5 feet to the place of
beginning, containing 12.0 acres, more or less.
EXCEPT: Begin at a point 330.25 feet North of the Southeast comer of Section 24, Township 18 North, Range
3 East, and run thence west and parallel with the south line of said Section 853.0 feet to the East line of what
was formerly the Monon R.R. right of way. Thence northwesterly on a curve 263.5 feet to an iron stake; thence
east parallel with the south line of this tract 280.0 feet to an iron stake; thence south parallel with the east line
of said Southeast Quarter 200.0 feet to an iron stake: Thence east parallel with the south line of this tract 653.0
feet to a point at intersection with the said East line; thence south 50.0 feet to the place of beginning, said
EXCEPTION containing 2.10 acres, more or less.
ALSO EXCEPT: Beginning at a point on the East line of the Southeast Quarter of Section 24, Township 18
North, Range 3 East 380.25 feet North 00 degrees 00 minutes 00 seconds East (assumed bearing) from the
Southeast comer thereof; thence South 88 degrees 42 minutes 50 seconds West, parallel with the South line of
said Southeast Quarter 270.10 feet; thence North 00 degrees 00 minutes 00 seconds parallel with said East line
160.88 feet; thence South 88 degrees 42 minutes 50 seconds West, parallel with said South line 143.74 feet;
thence North 00 degrees 00 minutes 00 seconds East parallel with said East line 177.00 feet; thence North 88
degrees 42 minutes 50 seconds East, parallel with said South line 413.84 feet to the East line of said Southeast
Quarter; thence South 00 degrees 00 minutes 00 seconds on and along said East line 337.88 feet to the place of
beginning, this EXCEPTION containing 2.68 acres, more or less and is contained in a Warranty Deed to Smith
Funeral Home, Inc. dated October 23, 1980 and is recorded in the Office of the Recorder of Hamilton County
at Bk 323, Pg. 456.
ALSO EXCEPT:
A part of the East Half of the Southeast Quarter of Section 24, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana, More particularly described as follows:
Commencing at the Southeast Comer of the East Half of the Southeast Quarter of Section 24, Township 18
North, Range 3 East, Clay Township, Hamilton County, Indiana; thence North 00 degrees 00 minutes 00
seconds East (assumed beating) on the East line of said Southeast Quarter 898.75 feet to the Southeast comer
of the real estate described in Instrument Number 90-455 in the Office of the Recorder of Hamilton County,
Indiana, said point also being the Point of Beginning of the herein described real estate; thence South 88
degrees 42 minutes 00 seconds West parallel with the South line of said Southeast Quarter and on South line of
said real estate 758.70 feet to the Southwest comer of said real estate; thence South 00 degrees 33 minutes 29
seconds West 144.98 feet to a 5/8" Rebar with yellow cap stamped "WEIHE ENG 0012" in the center line of
Cool Creek; thence the following ten calls along the centerline of said Creek (these calls are for closure
purposes only; the actual lines follow the meanders of said centerline): 1) North 80 degrees 21 minutes 13
seconds East 170.50 feet; 2) South 80 degrees 47 minutes 03 seconds East 71.41 feet; 3) North 68 degrees 18
minutes 56 seconds East 44.54 feet; 4) North 88 degrees 12 minutes 49 seconds East 101.88 feet; 5) North 57
degrees 35 minutes 08 seconds East 69.78 feet; 6) South 60 degrees 14 minutes 12 seconds East 72.83 feet; 7)
North 76 degrees 42 minutes 32 seconds East 96.71 feet; 8) South 76 degrees 34 minutes 58 seconds East
60.95 feet; 9) North 66 degrees 39 minutes 41 seconds East 70.95; 10) North 85 degrees 03 minutes 20
seconds East 37.58 feet to the East line of said Quarter, said point being marked by a P.K. Nail; thence North
00 degrees 00 minutes 00 seconds East on said East line 84.73 feet to the Point of Beginning, containing 1.99
acres, more or less.
Subject to taxes for the year 2004 due and payable in May and November 2005, and all subsequent taxes.
Instrument 0200367345
Part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range 3 East; Begin
at a cross in concrete 343.75 feet West on the Southeast comer of said Section 24; run thence West on said
South Section line 447 feet to a stone, thence Northwesterly along East right of way line of Monon Railroad
334.3 feet to an iron pipe on said East right of way line; thence East 640 feet to West right of way line Railroad
Company, thence Southwesterly along said right of way 359.5 feet to the place of beginning.
EXCEPT
TRACT 1: Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3
East in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West (bearing assumed) on
the South line of said Southeast Quarter 406.10 feet to the tree place of beginning of the tract herein described;
thence North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes 00
seconds West parallel with said South line 159.05 feet; thence South 00 degrees 00 minutes 00 seconds West
107.52 feet to said South line; thence North 90 degrees 00 minutes 00 seconds East on said South line 157.11
feet to the place of beginning, containing 0.39 acre, more or less.
TRACT II: Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3 East
in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West (bearing assumed) on the
South line of said Southeast Quarter 787.86 feet to the East right-of-way line of Monon Railroad and the point
of curvature of a curve whose radius bears South 85 degrees 44 minutes 11 seconds West 1983.00 feet from
the point of curvature; thence Northerly on said East right-of-way line on said curve an arc distance of 105.26
feet to the tree place of beginning of the tract herein described; thence Northerly on said East right-of-way line
on said curve arc distance of 229.04 feet to the Northwest comer of the real estate described in Deed Record
137, page 132 of the Hamilton County Recorder's Records; thence North 90 degrees 00 minutes 00 seconds
East on the North line of said real estate 626.55 feet to the Northeast comer of said real estate and the West
right-of-way line of the old Indiana Railroad Co., said Northeast comer being the point of curvature of a curve
whose radius bears South 62 degrees 24 minutes 03 seconds East 1983.08 feet from the point of curvature;
thence Southwesterly on said West right-of-way line on said curve an arc distance of 356.96 feet to the
Southeast comer of said real estate; thence North 90 degrees 00 minutes 00 seconds West on said South line
56.55 feet to a point located 406.10 feet Westerly from the Southeast comer of said Southeast Quarter; thence
North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes 00 seconds
West parallel with the South line 159.05 feet; thence South 00 degrees 00 minutes 00 seconds West 107.52 feet
to said South line; thence North 90 degrees 00 minutes 00 seconds West on said South line 82.54 feet to a
point located at 645.75 feet Westerly of the South east comer of said Southeast Quarter; thence North 00
degrees 00 minutes 00 seconds West 104.71 feet; thence North 00 minutes 00 seconds West 152.72 feet to the
place of beginning, containing 3.21 acres, more or less.
Commonly known as 122 8th Street, N.W., Carmel, IN 46032
Subject to taxes for the year 2003 due and payable in May and November 2004, and all subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record
Instrument 0200346910
A part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, State of Indiana described as follows:
Begin at a point 330.25 feet North of the Southeast comer of Section 24, Township 18 North, Range 3 East,
run thence West parallel with the South line of said Section, 853.0 feet to the East right of way of the Monon
R.R., thence Northwesterly on a curve along said Right of Way, 263.5 feet to an iron stake, thence East parallel
with the South line of said tract 280.0 feet to an iron stake; thence South parallel with the East line of said
Southeast Quarter 200.0 feet to an iron stake, thence Est parallel with the South line of this tract, 653.0 feet to a
point at intersection with the said East line, thence South 50.0 feet to the place of beginning, containing 2.10
acres more or less.
Commonly known as 840 N. Rangeline Road, Carmel, IN 46032
Subject to taxes for the year 2003 due and payable in May and November 2004, and all subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record.
Ordinance No. Z-464-04
NOTICE TO TAXPAYERS
CARMEL, INDIANA
NOTICE OF ADOPTION OF
AN AMENDMENT TO THE CARMEL/CLAY
ZONING MAP
Notice is hereby given to the taxpayers of the City of Carmel and Clay Township, Hamilton County,
Indiana, that the proper legal officers of the City of Carmel met at their regular meeting place, Council Chambers,
Carmel City Hall, One Civic Square, Carmel, IN 46032, at 7:00 p.m. on Monday, the 20m day of December, 2004,
and adopted the following:
Ordinance No. Z-464-04, rezoning Tax Parcel I.D. Nos. 16-09-24-00-00-026.000 (part), 16-09-24-00-00-026.001
(part), 16-09-24-00-00-027.000, 16-09-24-00-00-028.002, 16-09-24-00-00-028.000, and 16-09-24-00-00-028.001
(commonly known Traditions on the Monon), generally located northwest of the intersection of 136th Street and
Range Line Road from the R-l/Residence and B-2/Business zoning classifications to the PUD/Planned Unit
Development zoning designation.
Ordinance No. Z-464-04 affects only all or part the aforementioned Tax Parcels.
Ordinance No. Z-464-04 does not amend any provision of the Carmel/Clay Zoning Ordinance regarding penalties
or forfeiture prescribed for a violation of the ordinance.
The entire text of Ordinance Z-464-04 is available for inspection in the Department of Community Services,
Division of Planning & Zoning, Third Floor, Carmel City Hall, One Civic Square, Carmel, Indiana; and in the
Office of the Clerk-Treasurer, Third Floor, Carmel City Hall, One Civic Square, Carmel, Indiana.
Ramona Hancock
Plan Commission Secretary
December 21, 2004
2004-1220; z-464-04; Traditions on the Monon Adoption Notice PUD
CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF BUCKINGHAM PROPERTIES, LP
TO REZONE A PROPERTY LOCATED
NORTHWEST OF 136TM STREET AND RANGE LINE ROAD
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-464-04
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. 04070034 Z)
of Buckingham Properties, LP petitioning the Commission for a favorable recommendation to rezone a
property located northwest of 136th Street and Range Line Road from the R-l/Residence and B-2/Business
Zoning Classifications to the PUD/Planned Unit Development Zoning Classification.
The Carmel Plan Commission' s recommendation on the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting on November 16, 2004, the Carmel Plan Commission voted nine (9) in
Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance
No. Z-464-04 with a Favorable Recommendation.
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 (November 17, 2004) is Tuesday,
February 15, 2005.
RtJ~tona ~rI~ancock, Sc~cretary
C~rmel Plan Commission
Dated: November 17, 2004
2004-1117; Z-464-04; Traditions on the Monon PC Certification
17-11-04P02.01 RCVD
0
Opportunities:
No additional bridge~ are needed to cross Little Cool
Creek.
Trail access points at DQ and Rilter's Frozen Custard.
Constraints:
Additla~al R.O:W. needed along ~le DQ propert}t to
allow for the trail.
North
0 300 600 1200
State Road
431
Interchange
Car&el High
School
locaticrm
O_ pportunities:
Open space for a m, ...... il head.
Use qfexis~g Ci~
Consffaints:
Repla~e the bridg
the existing R.O.W. and separate vehi~lar
tr,,~c, e ~ / 136t
Legend
Trail Head
Potential Bridge Cros~tg~
Trail Access
Minor Trail Head
Existine V~egetation
Cool Creek North l~ail
Alternate 7[Yail Routes
Other Trails
figure 2
TE(3&7)263.0227 ~X{317}2632080
Cool Creek North Trail
Opportunities & Constraints
City of Carmel
Department of Planning
Cool Creek North Trail
Trail Section
figure 3
City of Carmel
Department of Planning
Gross
Project Builder Location Acres Units
Density
Suburban Context
Tr~dit ns {P~epesed} Centex Carme~ 36th Stree 12,2 !dO !!5
Providence Ryland Carmel - Old Meridian Street 7 96 13,7
City Center Ryland Carmel City Center 2,5 41 16.4
Hazel Deli Ryland Carmel - 116th Street 24 85 3,5
86th/Meridian Ryland Indianapolis - Northside 4 50
Urban Context
Honon & Hain (Proposed) Kosene Carmel Old Town 4 77 :[9.3
City Center Kosene Carmel City Center 5 131 26.2
Norton Row Kosene Indianapolis - Broad Ripple 3,1 74 23.9
Firehouse Square Ryland Indianapolis - Downtown 3 56 18.7
Driveway
Length
Driveway
Spaces
Parking Analysis
Revised for Subdivision Committee
November 4, 2004
Internal Adjacent Total
Guest Street Guest
Spaces Spaces Parking~
iS'-i7' 280 80 15 375
i8' 192 60 0 252
18' 82 11 18 111
20' 170 73 0 243
18' 100 25 0 125
0'-20' 16 27 40 83
O' 0 24 30 54
0'-20' 6 9 24 39
11' 0 0 60 2 60
Garage
Spaces
Per Unit
Total
Parking
Ratio
4,63
4,86
4.50
3.08 ~
2.41
3.07
1 Total Guest Parking does not include the 2 garage spaces per unit
2 Estimate of metered parking spaces in proximiD/
3 The addition of 15 land-banked parking spaces yields a total of 98 spaces and a ratio of 3,27
4 The addition of 55 land-banked parking spaces yields a total of 430 spaces and a ratio of 5.07
Parking Analysis
Project Builder Location Acres Units
Gross Driveway Driveway Tnternal
Guest
Density Length Spaces Spaces
Suburban Context
(Proposed) Centex Carmel - 136th Street 11,4 10.1 15'-18' 230
Traditions
Providence Ryland Carmel - Old Meridian Street 7 96 13.7 18' 192
City Center Rytand Carmel City Center 2,$ 41 16.4 18' 82 11
Hazel Dell Ryland Carmel - 116th Street 24 85 3,5 20' 170 73
86th/Meridian Ryland Indianapolis - Northside 4 50 12.5 18' 100 25
Urban Context
Monon & Main (Proposed) Kosene Carmel Old Town 4 77 19.3 0'-20' 15 37
City Center Kosene Carmel City Center 5 131 26.2 0' 0 24
Morion Row Kosene Indianapolis - Broad Ripple 3.1 74 23.9 0'-20' 6 9
Firehouse Square Ryland Indianapolis - Downtown 3 56 18.7 11' 0 0
i Total Parking does not include 2 garage spaces per unit
2 Estimate of metered parking spaces in proximity
October 5, 2004
Buckingham Companies
Adjacent Total ~ Garage Total
Street
Guest I ;~i~ I spaces Parking
Spaces Parking~l '---- I Per Unit Ratio
I I
6 281 [ 2.44 [ 2 4.44
0 243 I2'861 2 4.86
0 125 I2.50 I 2 4.50
II
39 91 ~ 1.18 ~ 2 3.18
30 54 ~ ~ ~ 2 2.41
24 39 2 2.53
60 ~ 60 2 3,O7
Revised for SubdiVision Committee
November 4, 2004
Project
Suburban Context
Builder
Ryland
City Center Rytand
Hazel Dell Ryland
86th/Meridian Ryland
Urban Context
Morion & Main (Proposed) Kosene
City Center Kosene
Morion Row Kosene
Firehouse Square Ryland
Location
Carmel - Old Meridian Street
Carmel City Center
Carmel - 116th Street
Indianapolis - Northside
Carmel Old Town
Carmel City Center
Indianapolis - Broad Ripple
Indianapolis - Downtown
1 Total Guest Parking does not include the 2 garage spaces per unit
2 Estimate of metered parking spaces in proximity
Acres
Units
Gross
Density
Driveway Driveway Internal Adjacent Total
Guest street Guest
Length Spaces Spaces Spaces Parking~
7 96 13.7 18' 192 60 0 252
2.5 41 16~4 18' 82 11 18 111
24 85 3,5 20' 170 73 0 243
4 50 12.5 18' 100 25 0 125
4 77 19.3 0'-20' 16 27 40 83
5 131 26.2 O' 0 24 30 54
3,1 74 23.9 0'-20' 6 9 24 39
3 56 18.7 11' 0 0 60 2 60
Garage
Total
Parking
RatiO
4,63
4,71
4.86
4.50
3.08
2.41
2.53
3,07
Sponsor:
Draft 7/23/04
Draft 9/10/04
Draft D)/5/@4
ORDINANCE NO.
Traditions on the Morion
PLANNED UNIT DEVELOPMENT
DISTRICT
H:\Janet\Eden\BuckingJmmx~PUD Draft 2 091004.doc
TABLE OF CONTENTS
AND SCHEDULE OF EXHIBITS
TABLE OF CONTENTS
Pa~e
Section 1. Applicability of Ordinance ................................................................................................. 4
Section 2. Permitted Uses .................................................................................................................... 5
Section 3. Accessory Buildings and Uses ............................................................................................ 5
Section 4. Communications Equipment .............................................................................................. 5
Section 5. Platting ......................................................................................................................... 5
Section 6. Height and Area Requirements ........................................................................................... 5
Section 7. Conceptual Building~Types ................................................................................................ 6
Section 8. Landscaping ........................................................................................................................ 6
Section 9. Lighting Requirements ....................................................................................................... 7
Section 10. Signs and Entry_ Way Wall ................................................................................ 7
Section 11. Parking .......................................................................................................... ;:8
Section 12. Homeowners Association and Declaration of Covenants ............................................... 8
Section 13. Approval Process .............................................................................................................. 8
Section 14. Definitions and Rules of Construction ..................................................................... 9
Section 15. Violations ........................................................................................................................ 11
2
SCHEDULE OF EXHIBITS
B.
C.
D.
E.
F.
G.
Legal Description of Real Estate
Conceptual Building Rendering
Conceptual Landscape Plan
Conceptual Wall mounted luminaries
Conceptual Pole mounted luminaries
Conceptual Entryway treatment - signage and wall
Conceptual Plan
3
Sponsor:
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
Traditions on the Morion
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the
"Carmel/Clay Zoning Ordinance"), provides for the establishment of a Planned Unit
Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
favorable recommendation to the ordinance set forth herein (the "Traditions on the Monon")
which establishes the Traditions on the Monon Planned Unit Development District (the
"District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to lC §36-7-4-1500 et seq., it adopts this
Traditions on the Monon Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and
it shall be in full force and effect from and after its passage, (ii) all prior commitments shall be
null and void and replaced and superseded by this Traditions on the Monon Ordinance, and
(iii) this Traditions on the Monon Ordinance shall be in full force and effect from and after its
passage and signing by the Mayor.
Section 1 Aoolicabilitw of Ordinance
Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part
of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described
in Exhibit "A" (the "Real Estate"), as a Planned Unit Development District to be known
as the Traditions on the Monon.
Section 1.2 Development in the District shall be governed entirely by (i) the
provisions of this Traditions on the Monon Ordinance and its exhibits, and (ii) those
provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this
Traditions on the Monon Ordinance. In the event of a conflict between this Traditions on
the Monon Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the
provisions of this Traditions on the Monon Ordinance shall apply.
Section 1.3 An}, capitalized term not defined herein shall have the meaning as set forth
in the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this
Traditions on the Monon Ordinance.
4
Section 2 Permitted Uses
Permitted uses are townhomes, condominiums and/or multi-family dwelling units.
Section 3 Accessory Buildings,,,,and Uses
All Accessory Structures and Accessory Uses shall be permitted except that any detached
accessory building shown in any development plan shall have on all sides the same architectural
features or shall be architecturally compatible with the principal building(s) with which it is
associated.
Section 4 Communication E~luil}ment. Cell towers shall not be permitted. Home satellite
dishes shall be permitted.
Section 5 Platting
The platting of the Real Estate into smaller tracts shall be permitted, so long as the proposed plat
complies with the area requirements set forth below in Section 6, and the creation of a new
property line within the Real Estate shall not impose or establish new development standards
beyond those specified below in Section 6 fbr the entirety of the Real Estate. However, the
development of any parcel shall conform to the requirements of Section 13 below, and all other
applicable requirements contained in this Traditions on the Monon Ordinance.
Section 6 Height and Area Requirements
Section 6.1
(38) feet.
Maximum Building Height: The maximum Building Height is thirty-eight
Section 6.2 Minimum Building Set Back: The minimum Set Back from the perimeter
boundary line of the Real Estate contiguous with Smokey Row Road shall be fifteen (15)
feet, and along the north property line of the Real Estate the minimum Set Back shall be
ten (10) feet, along the west property line of the Real Estate the minimum Set Back shall
be ten (10) feet, and along the east property line of the Real Estate, the Minimum Set
Back shall be ten (10) feet.
Section 6.3 Minimum Building Separation. The minimmn building distance between
Buildings, measured from the exterior face of the foundation, shall be ten (10) feet.
Section 6.4 Density. There shall be a maximum of one-hundred and fgf~,:;,~e:~:i
(~5~twenty five (!25) units on approximately ¢~..~4 £_ ) acres.
Section 7. Conceptual Building Types
Section 7.1 Architectural Design Requirements:
Roof design: All roofs, except for open porch roofs, shall have a
minimum slope of 12 horizontal to 8 vertical.
Building rendering and elevations: Attached hereto and incorporated
herein by reference as Exhibit "B' are conceptual building renderings of
the Buildings to be constructed upon the Real Estate. All Buildin~
constructed ~on 'the Real Esthete shall building materials
such as brick and/or masonry~ ex ired to door
trim bled and roo£s.
Section
Attached hereto, and incorporated herein by,r, eference as Exhibit "C' is the conceptual
plan (hereafter 'Conceptual Landscape Plan ). /~ ~ ,~ 7~ ~ ~\~..~%~,~--~ '~
Section 8.1 Planting standards. Landscaping shall b~integrated with other functi0nal
and ornamental site design elements, where appropriate, such as hardscape materials,
paths, sidewalks, or any water features; and planted at a ratio of six (6) shrubs per unit
and (1) one tree per unit. Deciduous trees planted to satisfy the landscaping requirements
of this Ordinance shall have at least a two and one-half Caliper and seven tbot height at
the time of planting unless otherwise specified herein or otherwise indicated on the
Conceptual Landscape Plan. Evergreen trees shall be a minimum of three to four feet
high at the time of planting. Shrubs shall be two fbet in height at the time of planting.
All trees, shrubs and ground covers shall be planted according to accepted horticultural
standards. Landscaping materials shall be appropriate to local growing and climatic
conditions. Plant suitability, maintenance and compatibility with site construction
features are critical factors that should be considered. Plantings should be designed with
repetition, structured patterns, and complementary textures and colors, and should
reinforce the overall character of the area.
Section 8.2 Maintenance. It shall be the responsibility of the owners and their agents
to insure proper maintenance of project landscaping approved in accordance with this
Traditions on the Morion Ordinance. This is to include, but is not limited to, irrigation
and mulching of planting areas, replacing dead, diseased, or overgrown plantings with
identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank
vegetation and weeds.
Section 8.3 Tree Conservation. Existing trees as identified on the Conceptual
Landscape Plan as "Tree Conservation Area" shall not be removed from the Real Estate
except as fbllows:
1. As is necessary to clear underbrush and dead trees;
4
As is necessary for the installation of access easements, rights-of-way,
streets, paths, sidewalks, and utilities and drainage improvements and
infrastructure; and
3. As necessary for public health and safety.
Section 9 Ljghting Requirements
Front of Townhome lighting: Each Townhome shall have one (1) light
fixture near the door.
Rear of Townhome li~: Each Townhome shall have a minimum of
one (1) light fixture on the rear of each unit, however the light position(s)
shall be consistent among all units.
Co
Street Lighting: The street lighting shall be provided at intersections of
streets and alleyways.
Light Fixture Renderings: Attached as Exhibit "D" and Exhibit
respectively, and referred to herein as the Conceptual Wall Mounted
Luminaries and Conceptual Pole Mounted Luminaries are renderings
which depict the acceptable types of wall and pole mounted luminaries for
the District.
Section 10 Signs and Entry Wa~' Wall
Section 10.1. Ground _Signs and Entry Wall.
_Type: At each entrance to the development, adjacent to both Smokey
Row Road and Rangeline Road, Two (2) Ground/Entryway Signs shall be
permitted, as is conceptually depicted on Exhibit "F'_', which is attached
hereto and incorporated herein by reference. One (1) entry wall is also
permitted, not to exceed fifteen (15) 'feet in length, as depicted on what is
attached hereto and incorporated herein by reference as Exhibit "F".
B. Maximum Sign Area: Twenty-four (24) square feet each.
C. Illumination of Sig_n_: External.
D. Si_~ Permit: Required.
E. Fees: Required.
7
Section 11 Parking
Section 11.1 Minimum Parking: Each Townhome shall contain a two (2) car garage
and, in addition, there shall be guest parking provided within on-street parking spaces and
other spaces to be provided on the site, as depicted on the Conceptual Plan and
incorporated herein by reference as Exhibit "G".
Section 12 Homeowners Association and Declaration of Covenants
Section 12.1 Declaration of Covenants and Homeowners Association: The Developer
shall prepare and record a Declaration of Covenants which shall also contain various
provisions regarding the Real Estate as determined by the Developer, including, without
limitation, provisions for mandatory assessments and maintenance of common areas.
The Declaration of Covenants will also provide for the establishment of a Homeowners
Association in which membership shall be mandatory.
Section 13. Apl~roval Process
Section 13.1. Approval or Denial of the Primary_ Plat/Development Plan.
Ea~ibit "G', which is attached hereto and incorporated herein by
reference, shall serve as the Conceptual Plan (the "CP"). However, the CP
does not constitute the approved Development Plan and primary plat for
the Real Estate, nor does it constitute the approved architecture, design,
lighting and landscaping for the Real Estate and the improvements
thereon, considered in connection with the Traditions on the Monon
Ordinance. Traditions on the Monon shall require further (i) ADLS
approval and (ii) Development Plan/primary plat approval. The Final
Development Plan approval procedures are set forth below in this Section
13. If there is a Substantial Alteration in the approved ADLS and
Development Plan/primary plat, review and approval of the amended
plans shall be made by the Commission, or a Committee thereof, pursuant
to the Commission's rules of procedure. Minor Alterations may be
approved by the Director.
The Director shall have the sole and exclusive authority to approve
without conditions, approve with conditions, or disapprove the Final
Development Plans/Secondary Plats (collectively, the "FDP") for the
Traditions on the Monon; provided, however, that the Director shall not
unreasonably withhold or delay the Director's approval of the FDP that is
in substantial conformance with the CP and is in conformance with the
Development Requirements and Development Standards of this Traditions
on the Monon Ordinance. If the Director disapproves any FDP, the
Director shall set forth in writing the basis for the disapproval and
schedule the request for approval of the FDP for a hearing before the full
Plan Commission.
An amendment to the FDP, which is not determined by the Director to be
a ~¥ Substantial Alternation or Material
Alteration from the approved CP, may be reviewed and approved solely
by the Director. However, in the event the Director determines that there
has been a Substantial Alteration or Material Alteration between the
approved CP and any proposed FDP, the Director may, at the Director's
discretion, refer the amended FDP to the Commission, or a Committee
thereof, for review and approval by the Commission and/or a Committee
thereof:
The FDP shall be a specific plan for the development of all or a portion of
the Real Estate that is submitted for approval to the Director, which shall
include reasonable detail regarding the facility and structures to be
constructed, as well as drainage, erosion control, utilities, and building
information.
Section 14 Definitions and Rules of Construction
Section 14.1 General iRules of Construction. The following general rules of
construction and definitions shall apply to the regulations of this Ordinance:
The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
Words used in the present tense include the past and future tenses, and the
future the present.
The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word "should" is a preferred requirement.
Section 14.2 Definitions
Accessory Structure: A structure subordinate to a building or use located
on the Real Estate 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 building as the main use, and incidental to the main
use.
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 mansurd roof
and the mean height between eaves and ridges for gable, hip and gambrel
roofs.
D. Ci .ty: The City of Carmel, Indiana.
9
F.
G.
H.
Commission: The Carmel/Clay Plan Commission.
Council: The City Council of the City of Carmel, Indiana.
County_: Hamilton County, Indiana.
Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder of Hamilton County, Indiana, and which may', from time to time,
be amended.
Plan. Conceptual. A general plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and
structures. This plan generally shows landscape areas, parking areas, site
access, drainage features, and building locations and is depicted on Exhibit
"G', which is attached hereto and incorporated herein by reference.
Development Plan, Final. A specific plan for the development of the Real
Estate that is submitted for approval showing proposed facilities,
buildings, and structures. This plan review includes general landscaping,
parking, drainage, erosion control, signage, lighting, screening and
building information for the site.
Development Requirements. Development standards and any
requirements specified in this Traditions on the Monon Ordinance which
must be satisfied in connection with the approval of a Final Development
Plan.
Developer. Buckingham Properties, Inc. and its successors and assigns.
Director: Director, or Administrator, of the Department of Community
Services for the City of Carmel, Indiana. "Director" and "Administrator"
shall include his/her authorized representatives.
Homeowners Association. A nonprofit corporation established for the
promotion of the health, safety and welfare of the residents of the
Traditions on the Monon, and to manage, maintain, and repair the
common areas within the Real Estate and any improvements located
thereon.
Material Alteration: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
10
Minor Alteration: Any change to an approved plan of any type that
involves the revision of less than ten percent (10%) of the plan's total area
or approved materials.
Parcel Coverage: The total ground area, within the Real Estate, covered
by buildings and accessory structures which are greater than eighteen (18)
inches above grade level, excluding fences and walls not attached in any
way to a roof, divided by the total horizontal area within the Real Estate
boundaries.
Real Estate. The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit "A".
:Right-of-Wa~: An area of land permanently dedicated to provide light, air
and access.
Set Back: The least measured distance between a building or structure,
excluding, however, porches, patios, and the perimeter boundary of the
Real Estate. For purposes of determining Set Back, the perimeter
boundary of the Real Estate (i) shall always mean and refer to the outside
perimeter boundary line of the Real Estate and (ii) shall not be changed or
reduced by reason of the platting or subdivision of the Real Estate into
smaller parcels.
Sig~: Any type of sign as further defined and regulated by this Ordinance
and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as
amended.
Substantial Alteration: Any change to an approved plan of any type that
involves the revision often percent (10%) or more of the plan's total area
or approved materials.
Townhome: An attached dwelling intended for occupancy by a single
fhmily.
X. Townhome Building: A structure containing attached dwellings.
Trim: Soffits, architraves, wood reveals, and casement around doors and
windows.
Section 15, Violations
All violations of this Traditions on the Monon Ordinance shall be subject to Section 34.0
of the Carmel/Clay Zoning Ordinance.
11
PASSED by the Common Council of the City of Carmel, Indiana this __
,2004, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
day of
Presiding Officer
Kevin Kirby
Ronald E. Carter, President Pro Tempore
Brian D. Mayo
Fredrick J. Glaser
Mark Rattennann
Joseph C. Griffiths
Richard L. Sharp
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana the __ day of
,2004, at o'clock .M.
Diana L. Cordray, IAMC, Clerk Treasurer
12
Approved by me, Mayor of the City of Carmel, Indiana, this
,2004, at o'clock __.M.
day of
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
This Instrument prepared by: David E. Leazenby Buckingham Properties, Inc.
333 N. Pennsylvania St., 10th Floor
Indianapolis, IN 46204
This Instrument reviewed by: Charles D. Frankenberger & James E. Shinaver
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
H:\Jm~et\Eden\Buckingham\PUD Draft 3 100504.doc
13
EXHIBIT "A"
Le~a! Descriptions
LEGAL D~SC~PTI{ON WILL ~E AMENDED TO INCLUDE
CA~5iE¥ PARCEL AND ABANDONED RAILROAD R~GHTS-OF-WA¥
Instrument #200346911
Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton
County, Indiana, more particularly described as fbllows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North,
Range 3 East in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West
(bearing assumed) on the South line of said Southeast Quarter 787.86 feet to the East right-of-
way line of Monon Railroad and the point of curvature of a curve whose radius bears South 85
degrees 44 minutes 11 seconds West 1983.00 feet from the point of curvature; thence Northerly
on said East right-of-way line on said curve an arc distance of 105.26 feet to the true place of
beginning of the tract herein described; thence Northerly on said East right-of-way line on said
curve an arc distance of 229.04 feet to the Northwest corner of the real estate described in Deed
Record 137, page 132 of the Hamilton County Recorder's Records; thence North 90 degrees 00
minutes 00 seconds East on the North line of said real estate 626.55 f~et to the Northeast corner
of said real estate and the West right-of-way line of the old Indiana Railroad Co., said Northeast
corner being the point of curvature of a curve whose radius bears South 62 degrees 24 minutes
03 seconds East 1943.08 feet from the point of curvature; thence Southwesterly on said West
right-of-way line of said curve an arc distance of 356.96 feet to the Southeast corner of said real
estate; thence North 90 degrees 00 minutes 00 seconds West on said South line 56.55 feet to a
point located 406.10 feet Westerly from the Southeast corner of said Southeast Quarter; thence
North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes
00 seconds West parallel with said South line 159.05 feet; thence South 00 degrees 00 minutes
00 seconds West 107.52 feet to said South line; thence North 90 degrees 00 minutes 00 seconds
West on said South line 82.54 feet to a point located 645.75 feet Westerly of the Southeast
corner of said Southeast Quarter; thence North 00 degrees 00 minutes 00 seconds West 104.71
feet; thence North 90 degrees 00 minutes 00 seconds West 152.72 fket to the place of beginning,
containing 3.21 acres, more or less.
Subject to taxes for the year 2003 due and payable in May and November 2004, and all
subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record.
14
Instrument#200439923
A part of the Southeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 24, Township 18
North, Range 3 East, described as follows:
Begin at a point 330.25 feet north of the Southeast comer of said Section 24; mn thence West
parallel with the south line of said Section a distance of 853.00 feet. Thence Northwesterly on a
curve along the old Monon R.R. east right-of-way 620.0 feet. Thence East parallel with the
South line of said tract a distance of 1099.1 feet to the East line of said Section 24. Thence South
on and along said East line 568.5 feet to the place of beginning, containing 12.0 acres, more or
less.
EXCEPT: Begin at a point 330.25 feet North of the Southeast comer of Section 24, Township 18
North, Range 3 East, and run thence west and parallel with the south line of said Section 853.0
feet to the East line of what was formerly the Monon R.R. right of way. Thence northwesterly on
a curve 263.5 feet to an iron stake; thence east parallel with the south line of this tract 280.0 feet
to an iron stake; thence south parallel with the east line of said Southeast Quarter 200.0 feet to an
iron stake: Thence east parallel with the south line of this tract 653.0 feet to a point at
intersection with the said East line; thence south 50.0 feet to the place of beginning, said
EXCEPTION containing 2.10 acres, more or less.
ALSO EXCEPT: Beginning at a point on the East line of the Southeast Quarter of Section 24,
Township 18 North, Range 3 East 380.25 feet North 00 degrees 00 minutes 00 seconds East
(assumed bearing) from the Southeast comer thereof; thence South 88 degrees 42 minutes 50
seconds West, parallel with the South line of said Southeast Quarter 270.10 feet; thence North 00
degrees 00 minutes 00 seconds parallel with said East line 160.88 feet; thence South 88 degrees
42 minutes 50 seconds West, parallel with said South line 143.74 feet; thence North 00 degrees
00 minutes 00 seconds East parallel with said East line 177.00 feet; thence North 88 degrees 42
minutes 50 seconds East, parallel with said South line 413.84 feet to the East line of said
Southeast Quarter; thence South 00 degrees 00 minutes 00 seconds on and along said East line
337.88 feet to the place of beginning, this EXCEPTION containing 2.68 acres, more or less and
is contained in a Warranty Deed to Smith Funeral Home, Inc. dated October 23, 1980 and is
recorded in the Office of the Recorder of Hamilton County at Bk 323, Pg. 456.
ALSO EXCEPT:
A part of the East Half of the Southeast Quarter of Section 24, Township 18 North, Range 3
East, Clay Township, Hamilton County, Indiana, More particularly described as follows:
Commencing at the Southeast Comer of the East Half of the Southeast Quarter of Section 24,
Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana; thence North 00
degrees 00 minutes 00 seconds East (assumed bearing) on the East line of said Southeast Quarter
898.75 feet to the Southeast comer of the real estate described in Instrument Number 90-455 in
15
the Office of the Recorder of Hamilton County, Indiana, said point also being the Point of
Beginning of the herein described real estate; thence South 88 degrees 42 minutes 00 seconds
West Parallel with the South line of said Southeast Quarter and on South line of said real estate
758.70 feet to the Southwest comer of said real estate; thence South 00 degrees 33 minutes 29
seconds West 144.98 feet to a 5/8" Rebar with yellow cap stamped "WEIHE ENG 0012" in the
center line of Cool Creek; thence the following ten calls along the centerline of said Creek
(these calls are for closure purposes only; the actual lines follow the meanders of said
centerline): 1) North 80 degrees 21 minutes 13 seconds East 170.50 feet; 2) South 80 degrees 47
minutes 03 seconds East 71.41 feet; 3) North 68 degrees 18 minutes 56 seconds East 44.54 feet;
4) North 88 degrees 12 minutes 49 seconds East 101.88 feet; 5) North 57 degrees 35 minutes 08
seconds East 69.78 feet; 6) South 60 degrees 14 minutes 12 seconds East 72.83 feet; 7) North 76
degrees 42 minutes 32 seconds East 96.71 feet; 8) South 76 degrees 34 minutes 58 seconds East
60.95 feet; 9) North 66 degrees 39 minutes 41 seconds East 70.95; 10) North 85 degrees 03
minutes 20 seconds East 37.58 feet to the East line of said Quarter, said point being marked by a
P.K. Nail; thence North 00 degrees 00 minutes 00 seconds East on said East line 84.73 feet to the
Point of Beginning, containing 1.99 acres, more or less.
Subject to taxes for the year 2004 due and payable in May and November 2005, and all
subsequent taxes.
Instrument#200367345
Part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range
3 East; Begin at a cross in concrete 343.75 feet West on the Southeast comer of said Section 24;
run thence West on said South Section line 447 feet to a stone, thence Northwesterly along East
right of way line of Morion Railroad 334.3 feet to an iron pipe on said East right of way line;
thence East 640 feet to West right of way line Railroad Company, thence Southwesterly along
said right of way 359.5 feet to the place of beginning.
EXCEPT
TRACT 1' Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of the Southeast Quarter of Section 24, Township 18
North, Range 3 East in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00
seconds West (bearing assumed) on the South line of said Southeast Quarter 406.10 feet to the
tree place of beginning of the tract herein described; thence North 01 degrees 02 minutes 08
seconds East 107.54 feet; thence North 90 degrees 00 minutes 00 seconds West parallel with said
South line 159.05 feet; thence South 00 degrees 00 minutes 00 seconds West 107.52 feet to said
South line; thence North 90 degrees 00 minutes 00 seconds East on said South line 157.11 feet to
the place of beginning, containing 0.39 acre, more or less.
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TRACT II: Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North,
Range 3 East in Hamilton County, Indiana; thence North 90 degrees 00 minutes 00 seconds West
(bearing assumed) on the South line of said Southeast Quarter 787.86 feet to the East right-of'-
way line of Monon Railroad and the point of curvature of a curve whose radius bears South 85
degrees 44 minutes 11 seconds West 1983.00 feet fi-om the point of cuxvature; thence Northerly
on said East right-of-way line on said curve an arc distance of 105.26 feet to the true place of
beginning of the tract herein described; thence Northerly on said East right-of-way line on said
curve arc distance of 229.04 feet to the Northwest comer of the real estate described in Deed
Record 137, page 132 of the Hamilton County Recorder's Records; thence North 90 degrees 00
minutes 00 seconds East on the North line of said real estate 626.55 f~et to the Northeast corner
of said real estate and the West right-of-way line of the old Indiana Railroad Co., said Northeast
comer being the point of curvature of a curve whose radius bears South 62 degrees 24 minutes
03 seconds East 1983.08 feet from the point of curvature; thence Southwesterly on said West
right-of-way line on said curve an arc distance of 356.96 feet to the Southeast comer of said real
estate; thence North 90 degrees 00 minutes 00 seconds West on said South line 56.55 feet to a
point located 406.10 feet Westerly from the Southeast comer of said Southeast Quarter; thence
North 01 degrees 02 minutes 08 seconds East 107.54 feet; thence North 90 degrees 00 minutes
00 seconds West parallel with the SoUth line 159.05 feet; thence South 00 degrees 00 minutes 00
seconds West 107.52 feet to said South line; thence North 90 degrees 00 minutes 00 seconds
West on said South line 82.54 feet to a point located at 645.75 feet Westerly of the South east
comer of said Southeast Quarter; thence North 00 degrees 00 minutes 00 seconds West 104.71
feet; thence North 00 minutes 00 seconds West 152.72 feet to the place of beginning, containing
3.21 acres, more or less.
Commonly known as 122 8th Street, N.W., Cannel, IN 46032
Subject to taxes for the year 2003 due and payable in May and November 2004, and all
subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record
Instrument #200346910
A part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 18 North,
Range 3 East in Hamilton County, State of Indiana described as follows:
Begin at a point 330.25 feet North of the Southeast comer of Section 24, Township 18 North,
Range 3 East, run thence West parallel with the SoUth line of said Section, 853.0 feet to the East
right of way of the Monon R.R., thence Northwesterly on a curve along said Right of Way, 263.5
17
feet to an iron stake, thence East parallel with the South line of said tract 280.0 feet to an iron
stake; thence South parallel with the East line of said Southeast Quarter 200.0 feet to an iron
stake, thence Est parallel with the South line of this tract, 653.0 feet to a point at intersection
with the said East line, thence South 50.0 feet to the place of beginning, containing 2.10 acres
more or less.
Commonly known as 840 N. Rangeline Road, Carmel, IN 46032
Subject to taxes for the year 2003 due and payable in May and November 2004, and all
subsequent taxes.
Subject to any easements, agreement, rights of way and restrictions of record.
18