Z-482-05 As Amended Arden Townhomes PUD
1'.'
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SPONSOR: Councilor Rattermann
200500080313
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
b~DHA~~~5 At 01:~i.~~'
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL,INDlANA
ESTABLISHING THE
Arden
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-482-05
AS AMENDED
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 acc'ordance with the requirements ofI.C. 9 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 ("Arden") which establishes the
Arden Planned Unit Development District (the "District"), which shall also be referred to as the
"Arden Ordinance."
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to IC 936-7-4-1500 et seq., it adopts this Arden
Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force
and effect from and after its passage, (ii) all prior commitments shall be null and void and
replaced and superseded by this Arden Ordinance, and (iii) this Arden Ordinance shall be in. full
force and effect from and after its passage and signing by the Mayor.
Section 1
Applicability of Ordinance
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Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part
of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described
in Exhibit "A" (the "Real Estate"), as a Planned Unit Development District to be known
as Arden.
Section 1.2 Development iIi the District shall. be governed entirely by (i) the
provisions of this Arden Ordinance and its exhibits, and (ii) those provisions of the
Carmel/Clay Zoning Ordinance specifically referenced in this Arden Ordinance. In the
event of a conflict between this Arden Ordinance and the Carmel/Clay Zoning Ordinance
or the Sign Ordinance, the provisions of this Arden Ordinance shall apply.
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth
in the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this Arden
Ordinance.
Section 2
Permitted Uses
. Permitted uses are Townhomes, Condominiums and/or multi-family dwelling units.
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VERSION A 11/21/05
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 Equipment. 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 administratively, so long as
the proposed plat complies with the area requirements set forth below in Section 6, and the
· creation of a new property line within the Real Estate shall not. impose or establish new
development standards beyond those specified below in Section 6 for the entirety of the Real
Estate. However, the development of any pamel shall conform to the requirements of Section 13
below, and all other applicable requirements contained in this Arden Ordinance.
Section 6 Height and Area Requirements
Section 6.1
feet.
Maximum Building Height: The maximum Building Height is forty (40)
Section 6.2 Minimum Building Set Back: The minimum Set Back from the eastern
perimeter boundary line of the Real Estate shall be ten (10) feet, from the western
perimeter boundary line of the Real Estate shall be ten (10 'feet, from the southern
perimeter boundary line of the Real Estate shall be ten (10) feet and from the northern
perimeter boundary line of the Real Estate shall be ten (10) feet.
Section 6.3 Minimum Building Separation. The minimum building distance between
Buildings, measured from the exterior face of the foundation, shall be ten (10) feet.
Section 6.4 Square Footage of Townhome Units. The minimum square footage of
living space for an individual Townhome unit shall be one thousand four hundred (1,400)
square feet, exclusive of any garages.
Section 6.5 Maximum Number of Units. The maximum number of units shall be
ninety (90).
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VERSION A 11/21/05
Section 7. Conceptual Building Types
Section 7.1 Architectural Design Requirements:
Building rendering and elevations: Attached hereto and incorporated
herein by reference as Exhibit "B'~ are conceptual building images of the
types of Buildings that may be constructed upon the Real Estate. All
Townhome Buildings constructed upon the Real Estate shall include
Masonry on seventy percent (70%) of the front and side building
elevations, excluding but not limited to, doors, soffits, trim, windows,
gables and roofs. Secondary building materials shall include, but not be
limited to, Hardi-plank and/or Hardi-board or the equivalent thereof.
Section 8 Landscaping
Attached hereto and incorporated herein by reference as Exhibit "C" is the conceptual landscape
plan (hereafter "Conceptual Landscape Plan").
Section 8.1 Planting Standards. Landscaping shall be integrated with other functional
and ornamental site design elements, where appropriate, such as hardscape materials,
paths, sidewalks, or any water features. Deciduous trees planted to satisfy the landscaping
requirements of this Ordinance shall have at least a two and one-half inch (2-1/2")
Caliper and seven foot (7') height at the time of planting, unless otherwise specified
herein or otherwise indicated on the Conceptual Landscape Plan, which is attached hereto
and referred to herein as Exhibit "C". Evergreen trees shall be a minimum of six feet (6')
in height at the time of planting. Shrubs shall be two (2) feet in height at the time of
planting. All trees, shrubs and ground covers shall be planted according to accepted
horticultural standards. Landscaping materials shall be appropriate to local growing and
climatic conditions. Plant suitability, maintenance and compatibility with site
construction features are critical factors that should be considered. Plantings §hould be
designed with repetition, structured patterns, and complementary textures and. colors, and
should reinforce the overall character of the area.
Section 8.2 Maintenance. It shall be the responsibility of the owners and their agents
to insure proper maintenance of project landscaping approved in accordance with this
Arden Ordinance. This is to include, but is not limited to, irrigation and mulching of
planting areas, replacing dead, diseased, or overgrown plantings with identical varieties
or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and
weeds.
Section 8.3 Building Base Landscaping. The building base landscaping around cacti
unit shall include a minimum of three (3) shrubs. Additionally, there shall be a minimum
of two (2) shade trees per unit between the unit and the sidewalk, if the necessary area for
planting is available. If a shade tree can not be planted between the unit and the
sidewalk, that shade tree will be planted at an alternalle location on the site.
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VERSION A 11/21/05
Section 8.4 Perimeter Planting/Buffer Yard. The number of perimeter plantings and
the number of buffer yard plantings shall be in accordance with Section 26.04 Perimeter
Buffering Requirements of the Zoning Ordinance.
Section 8.5 Interior Plantings. Adjacent to the entry drive, for each one hundred (100)
linear foot increment, there shall be a minimum of three (3) shade trees, two (2)
ornamental trees and ten (10) shrubs.
Section 8.6 Tree Conservation. Existing trees as identified on the Conceptual
Landscape Plan as "Tree Conservation Area" shall not be removed from the Real Estate
except as follows:
As is necessary to clear underbrush and dead trees;
As is necessary for the installation of drainage improvements and
infrastructure; and
As necessary for public health and safety, as detemained with the
cooperation o f City of Carmel's Urban Forrester.
Section 9 Lighting Requirements
Front of Townhome lighting: Each Townhome shall have a minimum of
one (1) light on the front of each unit. If only one (1) light is used, then it
shall be located near the front door. A second light may be located above
or near the garage door if applicable and all light position(s) shall be
consistent and/or complimentary among all units:
Rear of Townhome lighting: Each Townhome shall have a minimum of
one (1) light fixture on the rear of each unit, however the light position(s)
shall be consistent and/or complimentary among all units.
Street Lighting: Street lighting locations shall be provided as shown on
the Conceptual Site Plan, which is attached hereto and referred to herein
as "Exhibit G."
Section 10
Light Fixture Renderings: Attached as Exhibit "D' and Exhibit "E",
respectively, and referred to herein as the Conceptual Building Lighting
and Conceptual Site Lighting are renderings which depict the acceptable
types of lights for each use.
Signs and Entry Way Wall
Section 10.1. Ground Signs and Entry Wall.
A. Type: At the entrance to the development, adjacent to Smokey Row 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. Either sign may be accompanied by a masonry wall not to
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VERSION A 11/21/05
exceed 6' in height and 15' in length.
B. Maximum Sign Area: Thirty (30) square feet each.
C. Illumination of Sign: External.
D. Sign Permit: Required.
E. Fees: Required.
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
Associatioh in which membership shall be mandatory.
Section 13. Approval Process
Section 13.1. Approval or Denial of the Primary Plat/Development Plan.
Exhibit "G", which is attached hereto and incorporated herein by
reference, shall serve as the Conceptual Plan (the "CP"). However, the CP
does not constitute the approved development plan and primary plat for
the Real Estate, nor does it constitute the approved architecture, design,
lighting and landscaping for the Real Estate and the improvements
thereon, considered in connection with the Arden Ordinance. Arden shall
require further (i) ADLS approval and (ii) development plan/primary plat
approval. The Secondary Plat approval procedures are set forth below in
this Section 13. If there is a Substantial Alteration in the approved ADLS
and development plan/primary plat, review and approval of the amended
plans shall be made by the Commission, or a Committee thereof, pursuant
to the Commission's rules of procedure. Minor Alterations may be
approved by the Director.
B. The Director shall have the sole and exclusive authority to approve
without conditions, approve with 'conditions, or disapprove the Secondary
Plat (the "SP") for the Arden Ordinance; provided, however, that the
Director shall not unreasonably witl~old or delay the Director's approval
VERSION A 11/21/05
of the SP that is in substantial conformance with the development
plan/primary plat and is in conformance with the Development
Requirements and Development Standards of this Arden Ordinance. If the
Director disapproves any SP, the Director shall set forth in writing the
basis for the disapproval and schedule the request for approval of the SP
for a hearing before the full Plan Commission.
An amendment to the SP, which is not determined by the Director to be a
Substantial Alternation or Material Alteration from the approved
development plan/primary plat, 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
development plan/primary plat and any proposed SP, the Director may, at
the Director's discretion, refer the amended SP to the Commission, or a
Committee thereof, for review and approval by the Commission and/or a
Committee thereof.
The SP 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 l4.l General Rules 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 permar~ent 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.
C. Building Height: The vertical distance from the lot ground level to the
highest point of the roof for a flat roof, to the deck line of a mansurd roof
VERSION A 11/21/05
E.
F.
G.
H.
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and the mean height between eaves and ridges for gable, hip and gambrel
roofs.
City: The City of Cam~el, Indiana.
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.
Conceptual Plan. 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.
Secondary Plat. 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 Arden Ordinance which must be satisfied in
connection with the approval of a Secondary Plat.
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. "Dii'ector" 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 Arden, and
to manage, maintain, and repair the common areas within the Real Estate
and any improvements located thereon.
Masonry: Masonry shall include brick, stone and/or stucco.
Material Alteration: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
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VERSION A 11/21/05
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-Way: 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.
Sign: 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
inx?olves the revision of ten percent (10%) or more of the plan's total area
or approved materials.
Townhome: An attached dwelling intended for occupancy by a single
family.
Townhome Building: A structure containing attached dwellings.'
Trim: Soffits, architrav&s, wood reveals, and casement around doors and
windows.
AA.
Condominiums - A residential living unit or units as defined in and
governed by the Indiana Code, Sections. 32-25-1-1 to 32-25-9-2,
inclusive.
Section 15. Violations
All violations of this Arden Ordinance shall be subject to Section 34.0 of the
Carmel/Clay Zoning Ordinance.
VERSION A 11/21/05
PASSED by.the Common Council of the City of Carmel, Indiana this ~.~___(/ day of
,/~ ~cL// ,2005, by a vote of ~7 ayes and (~ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Brian D. Mayo
Mark Rattermann
Richard L. Sharp/
ATTEST:
Diana L. CordraY, IAMC,'~lerk rjFreasurer
VERSION A 11/21/05
This Instrument reviewed by: James E. Shinaver
NELSON & FRANKENBERGER
3105 East 981h Street, Suite 170
Indianapolis, 1N 46280
H:\bmd~Buckingham~rden\PUD 112105 unnumbered.doe
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1/171~q. II~N A 1 1/9//fl;
Presented by me to the Mayor of the City of Carmel, Indiana the c~ day of
/'~B"[~ ,2005, at ,//: 0 '7 o'clock // .M.
Diana L. Cordray, IAMC, Clerk T~east/er
· ,..,q,~bc3d rt~ of
jN] ~e, Mayor of the City of Ca~eJ, ~diana, ~is ~ day
2005, at /~.'~ oclock ~.M. ~
ATTEST:
Diana L. Cordray, I. AMC, Cler~
fraes Brainard, Mayor ·
This Instrument prepared by: David E. Leazenby
Buckingham Properties, Inc.
333 N. Pennsylvania St., 10th Floor
Indianapolis, IN 46204
This Instrument reviewed by: James E. Shinaver
NELSON & FRANKENBERGER
3105 East 98th Street, Suite 170
Indianapolis, 1N 46280
H:\brad\Buckingham~Arden\PUD 112105 unnumbered,doc
VERSION A 11/21/05
EXHIBIT "A"
RECORD LEGAL DESCRIPTION
Quoted from Instr. No. 9103410
also contained in DB 263, PG 240
Part of the Southwest Quarter of Section 19, Township 16 North, Range 4 East, described as
follows, to-wit:
Beginning at a point 1036.3 feet East of the southwest corner of the Southwest Quarter of Section
10, Township 18 North, Range 4 East, measured on and along the south line of said quarter section,
said point being in the center of Cool Creek; thence East along said section line 365 feet to a point;
thence North on and along a fence line 1356.6 feet to a corner post; thence along a fence line 201.6
feet West to the intersection of the Southerly line of the Old I U T Traction Co's right of way; thence
southwesterly on and along said right of way line 201 feet to a point, said point being the southwest
Corner of the west abutment of old I U T bridge over Cool Creek; thence south 11 degrees and 6
minutes West on and along a fence line 511.5 feet to a point, said point being 484 feet West of the
east line of said property; thence Southeastwardly along the center of said creek, 631 feet to the
place of beginning, containing 14 acres, more or less.
MODERNIZED LEGAL DESCRIPTION
A part of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, of the Second
Principal Meridian, in Clay Township, Hamilton County, indiana, more particularly described as
follows:
Commencing at the southwest corner of said quarter section; thence North 00 degrees 00 minutes
00 seconds East (assumed bearing) along the south line of said quarter section 1036.30 feet to a
point in the center of Cool Creek and the POINT OF BEGINNING of this description; thence North 90
degrees 00 minutes 00 seconds East along said south line 365.00 feet to the east line of a tract of
land described in DB 263, PG 240 in the Office of the Recorder of said Hamilton County; thence
North 00 degrees 01 minutes 47 seconds East along said east line 1356.60 feet to the northeast
corner of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along the north
line of said tract of land 206.05 feet to the southeastern line of the Indiana Union Traction Company
("IUT") right-of-way {said line being 33 feet by parallel lines from the center line of said right-of-
way); thence South 66 degrees 24 minutes 54 seconds West along said southeastern line 201.00
feet to the southwest corner of the west abutment of the IUT bridge over Cool Creek; thence South
13 degrees 43 minutes 07 seconds West 611.50 feet to a point in the center of Cool Creek; thence
meandering said center of Cool Creek the following seven courses:
1) South 22 degrees 00 minutes 00 seconds East 140.00 feet;
2) South 09 degrees 00 minutes 00 seconds East 100.00 feet;
3) South 26 degrees 00 minutes 00 seconds East 300.00 feet;
4) South 03 degrees 00 minutes 00 seconds East 60.00 feet;
5) South 30 degrees 00 minutes 00 seconds West 65.00 feet;
6) South 19 degrees 00 minutes 00 seconds West 100.00 feet;
7) South 07 degrees 00 minutes 14 seconds East 70.94 feet
to the point of beginning, containing 12.721 acres, more or less.
EXHIBIT B
These photos are conceptual representations of the
buildings that shall be permitted at Arden subject to
the requirements of this Arden PUD Ordinance.
EXHIBIT D
These photos are conceptual representations of
the building lighting that shall be permitted at
Arden subject to the requirements of this
Arden PUD Ordipance.
Front Rear
EXHIBIT E
This photo is a conceptual representation of the s]te
lighting that shall be permitted at Arden subject to
the requirements of this Arden PUD Ordinance.
EXHIBIT F
.This photo is a conceptual representation of the entryway
signage that shall be permitted at Arden subject to the
requirements of this Arden PUD Ordinance.
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SMOKEY ROW RD. --
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Buckingham Properties, Inc. (hereafter, "Buckingham"), the contract purchaser of the real
estate located in Hamilton County, Indiana, and described in what is attached hereto and
incorporated herein by reference as Exhibit "A" (the "Real Estate"), makes the following
Commitments (the "Commitments") to the Connnon Council of the City of Carmel, Indiana (the
"Council") for Arden Planned Unit Development Ordinance.
Section 1. Cross Reference. These Commitments are made in connection with approvals
obtained under Docket Numbers 05050004Z and Ordinance No: Z-482-05.
Section 2.
reference:
Exhibits. The following exhibits are attached hereto and incorporated herein by
Exhibit "A". Attached hereto and incorporated herein by reference as Exhibit "A" is the
legal description of the real estate (the "Real Estate");
Exhibit "B". Attached hereto and incorporated herein by reference as Exhibit "B" is the
conceptual site plat (the "Site Plan");
Exhibit "C". Attached hereto and incorporated herein by reference as Exhibit "C" is t.he
Site Plan which depicts an area east of and adjacent to the Real Estate that shall contain
an asphalt-path. The location of said asphalt path is depicted and shown by the gray
shaded area and the Developer agrees and consents to construct said asphalt path for the
City of Carmel to accommodate an extension of the Cool Creek Trail (the "Path
Construction").
Section3. Definitions. Different words and terms are defined throughout the~e
Commitments and, further, the following definitions shall apply throughout these Commitments:
Developer. The term "Developer" shall mean and refer to Buckingham and its successors
and assigns.
Cool Creek Trail Extension. The term "Cool Creek Trail Extension" shall mean and refer
to Path Construction shown on Exhibit "C" that depicts a trail extension that runs north to
south and adjoins the Cool Creek Trail on its northern border. This Cool Creek Trail
Extension does not currently exist.
Section 4. Commitments. The Developer agrees and commits to the following:
1. The Developer agrees to construct the Cool Creek Trail Extension in the general location
as depicted on Exhibit "C". The Developer shall construct the Cool Creek Trail
Extension for a sum not to exceed one hundred thirty two thousand dollars ($132,000.00).
The Developer shall be responsible for the design, engineering and construction of the
Cool Creek Trail Extension in the general area as depicted on Exhibit "C".
In the event the Developer completes construction of the Cool Creek Trail Extension and
the mount for said construction is less than one hundred thirty two thousand dollars
($132,000.00), Buckingham shall be required to pay the difference of one hundred thirty
two thousand dollars ($132,000.00) and the sum actually incurred for the construction of
the Cool Creek Trail Extension to the City of Camael, so that the City of Carmel can
apply said monies to the purchase, engineering, construction and installation of a bridge
over Cool Creek. These commitments do not obligate the Developer to purchase,
engineer, construct and/or install a bridge over Cool Creek.
The Developer shall prepare an acknowledgement to be signed by purchasers of units
recognizing their understanding that the Arden Townhomes are located next to the
Carmel High School Football stadium and parking lot and that events occur at thi~ facility
that generate noise during such events. The Developer shall also include similar
language in the proposed Declaration of Covenants, Commitments and Restrictions
regarding the san~e.
Section 5. Binding on Successors
These Commitiuents are binding on the Developer, owner of the Real Estate, each subsequent
owner of the Real Estate, and each other person acquiring an interest in the Real Estate, unless
modified or terminated by the Council. These Commitments may be modified or terminated only
by a decision of the Council after a public hearing wherein notice as provided by the rules of the
Council has been made. The provisions of this paragraph 5 notwithstanding, these Commii:ments
shall terminate as to any part or parts of the Real Estate hereafter reclassified (rezoned) from
Ordinance No. Z-482-05 on the City's Official Zone Map to another zoning classification.
Section 6. Effective Date
The Commitments contained herein shall be effective upon the occurrence of all of the following
events:
The adoption of an ordinance by the City Council of Carmel, Indiana, assigning the
requested Arden PUD classification to the Real Estate pursuant to Ordinance No. Z-482-
05;
2. The acquisition of the Real Estate by the Developer or its successors and assigns;
3. The acquisition of the necessary easement(s) upon the property depicted in Exhibit "B"
by the City of Carmel for the Cool Creek Trail Extension; and
4. The commencement of the development of the Real Estate in accordance with the
assignment of the requested Arden PUD classification pursuant to Ordinance No. Z-482-
05.
Section 7. Recording
The undersigned hereby authorizes the Clerk Treasurer of the City of Carmel, Indiana to record
these Commitments in the Office of the Recorder of Hamilton County, Indiana.
Section 8. Enforcement
These Commitments may be enforced by the Plan Commission and the City Council of Carmel,
Indiana and any property owner within or immediately adjacent to the Real Estate.
1N WITNESS WHEREOF, has caused these Commitments to be
executed as of the date first written above.
BUCKINGHAM PROPERTIES, 1NC.
By:
David E. Leazenby, Vice President
STATE OF 1NDIANA )
) SS:
COUNTY OF MARION )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared David E. Leazenby, the Vice President of Buckingham Properties, Inc., and having
beeri duly sworn, acknowledged execution of the foregoing Commitments.
Witness my hand and Notarial Seal this
day of ,2005.
My Cormmission Expires:
Notary Public
Printed Name
Residing in County
Prepared By: James E. Shinaver, Nelson & Frankenberger, 3105 East 98th Street, Suite 170,
Indianapolis, IN 46280.
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