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Application PETITION TO CHANGE THE OFFICIAL ZONING MAP INCORPORATED BY REFERENCE INTO THE CARMEL /CLAY ZONING ORDINANCE REZONE APPLICATION $802.00 plus $107.00 per acre (PUD $2595.00, plus $107.00 per acre) Date: April 21, 2006 Docket No. Name of Applicant: East Carmel, LLC: Contract Purchaser Contact Person(s) Name and Company: Steve Pittman and Paul Rioux Contact Person Phone, Email: (317) 580 -9693, steve @pittnlanpartners.com Contact Person Address: 9757 Westpoint Drive, Suite 600, Indianapolis, IN 46256 Owner Name: Earlham College c/o Karl Haas Phone No. (317) 231 -9000 Contact Person: Karl Haas Contact Person's Address: 10401 N. Meridian Street, Suite 300 Fax No. (317) 616 -3939 City, State, Zip: Indianapolis, IN 46290 Legal Description (Use additional page(s) if necessary): Attached as EXHIBIT A Common Address of Property Involved (or General Description if no Address Exists): North side of 126 Street, South of 146 Street, and on either side of River Road. Tax Parcel ID Nos. 17- 10- 23- 00 -00- 001.000 17- 10- 22- 00 -00- 011.000, 17-10-23-00-00- 001.000, 17- 10- 24- 00 -00- 001.000 and others Proposed Zoning Change: From the S-1 District to the PUD District, for the property shown outlined in red on the map attached hereto, which is made a part of this petition. Statement of compliance with the Carmel /Clay Comprehensive Plan (use additional pages if necessary): Attached as EXHIBIT B q 9, l "Applicant" East Carmel, LLC By Platinum Properties, LLC By: /c4 i o c..X Paul Rioux, Jr., President c 0 EXHIBIT "A" Legal Description A part of the East Half of the Northeast Quarter of Section 22 and a part of Section 23, Township 18 North, Range 4 East of the 2 Principal Meridian, Clay Township, Hamilton County, Indiana described more particularly as follows: Commencing at the Northeast Corner of said Section 23 thence North 89 degrees 15 minutes 40 seconds West along the north line of the Northeast Quarter of said Section 23 a distance of 337.40 feet; thence South 20 degrees 07 minutes 12 seconds West a distance of 149.74 feet to the Point of Beginning being the southwest intersection of the rights -of -way for 146` Street and River Road as described in Instrument No. 200100065741 in the Office of the Recorder of Hamilton County, Indiana, the following 12 courses along the westerly right -of -way of River Road per said Instrument No. 200100065741; (1) South 20 degrees 07 minutes 21 seconds West a distance of 92.91 feet; (2) South 69 degrees 52 minutes 38 seconds East a distance of 16.50 feet; (3) South 00 degrees 07 minutes 41 seconds West a distance of 195.81 feet to a point on a non- tangent curve to the right having a radius of 688.98 feet, the radius point of which bears North 89 degrees 52 minutes 19 seconds West; (4) southerly along said curve an arc distance of 426.40 feet to a point which bears South 54 degrees 24 minutes 43 seconds East from said radius point; (5) South 35 degrees 35 minutes 17 seconds West a distance of 313.27 feet; (6) North 69 degrees 52 minutes 38 seconds West a distance of 16.50 feet; (7) South 20 degrees 07 minutes 28 seconds West a distance of 119.41 feet; (8) North 69 degrees 52 minutes 38 seconds West a distance of 16.50 feet to a point on a non tangent curve to the left having a radius of 1574.80 feet, the radius point of which bears South 54 degrees 49 minutes 01 seconds East; (9) southwesterly along said curve an arc distance of 367.82 feet to a point which bears North 68 degrees 11 minutes 57 seconds West from said radius point; (10) South 21 degrees 48 minutes 03 seconds West a distance of 191.51 feet; (11) South 15 degrees 18 minutes 16 seconds East a distance of 82.28 feet; (12) South 68 degrees 12 minutes 11 seconds East a distance of 16.50 feet to the physical centerline of River Road, the following 17 courses along the physical centerline of River Road; (1) South 21 degrees 14 minutes 47 seconds West a distance of 243.57 feet; (2) South 21 degrees 20 minutes 03 seconds West a distance of 151.74 feet; (3) South 23 degrees 01 minutes 40 seconds West a distance of 99.76 feet; (4) South 24 degrees 29 minutes 46 seconds West a distance of 51.87 feet to a point on a non tangent curve to the right having a radius of 397.42 feet, the radius point of which bears North 66 degrees 03 minutes 44 seconds West; (5) southwesterly along said curve an arc distance of 191.02 feet to a point which bears South 38 degrees 31 minutes 23 seconds East from said radius point; (6) South 52 degrees 56 minutes 19 seconds West a distance of 64.43 feet; (7) South 56 degrees 48 minutes 58 seconds West a distance of 84.84 feet; (8) South 58 degrees 29 minutes 55 seconds West a distance of 204.22 feet; (9) South 59 degrees 38 minutes 13 seconds West a distance of 213.74 feet; (10) South 59 degrees 38 minutes 43 seconds West a distance of 416.86 feet; (11) South 59 degrees 26 minutes 13 seconds West a distance of 210.95 feet; (12) South 59 degrees 08 minutes 15 seconds West a distance of 205.20 feet to a point on a non tangent curve to the left having a radius of 1427.15 feet, the radius point of which bears South 29 degrees 09 minutes 29 seconds East; (13) southwesterly along said curve an arc distance of 338.21 feet to a point which bears North 42 degrees 44 minutes 11 seconds West from said radius point; (14) South 47 degrees 13 minutes 52 seconds West a distance of 257.68 feet; (15) South 47 degrees 01 minutes 38 seconds West a distance of 316.41 feet; (16) South 46 degrees 58 minutes 46 seconds West a distance of 613.46 feet to a point on a tangent curve to the left having a radius of 1232.86 feet, the radius point of which bears South 43 degrees 01 minutes 14 seconds East; (17) southwesterly along said curve an arc distance of 153.01 feet to a point which bears North 50 degrees 07 minutes 52 seconds West from said radius point; thence North 00 degrees 53 minutes 16 seconds West along the southerly extension of the Carmel Clay School's land described in Instrument No. 9609651829 in the Office of the Recorder, Hamilton County, Indiana a distance of 78.51 feet to the south corner of said land being a point on a non tangent curve to the right having a radius of 1285.49 feet, the radius point of which bears South 47 degrees 28 minutes 47 seconds East; thence northeasterly along said curve and the east line of said land an arc distance of 100.05 feet to a point which bears North 43 degrees 01 minutes 14 seconds West from said radius point; thence continuing North 46 degrees 58 minutes 46 seconds East along said east line a distance of 613.46 feet to the northeast corner of said land; thence North 89 degrees 45 minutes 37 seconds West along the north line of said land a distance of 2114.73 feet to the west line of the Southwest Quarter of said Section 23; thence North 00 degrees 19 minutes 58 seconds East along said west line a distance of 1112.50 feet to the Northwest Corner of said Southwest Quarter also the Southeast Corner of the East Half of the Northeast Quarter of Section 22; thence South 89 degrees 39 minutes 16 seconds West along the south line of said East Half a distance of 1321.00 feet to the Southwest Corner of said East Half; thence North 00 degrees 02 minutes 32 seconds West along the west line of said East Half a distance of 2610.79 feet to the southerly right -of- way of 146 Street, the remaining courses along said right -of -way; thence South 84 degrees 48 minutes 27 seconds East a distance of 396.84 feet; thence South 88 degrees 44 minutes 54 seconds East a distance of 411.89 feet; thence North 86 degrees 49 minutes 33 seconds East a distance of 200.04 feet; thence South 89 degrees 52 minutes 33 seconds East a distance of 295.28 feet; thence South 83 degrees 58 minutes 30 seconds East a distance of 230.15 feet; thence North 87 degrees 45 minutes 46 seconds East a distance of 197.10 feet; thence South 89 degrees 22 minutes 30 seconds East a distance of 1246.72 feet; thence South 88 degrees 10 minutes 19 seconds East a distance of 458.39 feet; thence South 85 degrees 17 minutes 03 seconds East a distance of 696.40 feet; thence South 89 degrees 15 minutes 53 seconds East a distance of 2161.67 feet to the Point of Beginning, containing 413.414 acres, more or less, and A part of Section 23 and Section 24, Township 18 North, Range 4 East of the 2 Principal Meridian, Clay Township, Hamilton County, Indiana, described more particularly as follows: Commencing at the northeast corner of said Section 23 thence North 89 degrees 15 minutes 40 seconds West (assumed bearing) along the north line of the Northeast Quarter of said Section 23 a distance of 337.40 feet; thence South 20 degrees 07 minutes 12 seconds West a distance of 149.74 feet to the southwest intersection of the rights -of -way of 146 Street and River Road as described in Instrument No. 200100065741 in the Office of the Recorder of Hamilton County, Indiana; thence South 86 degrees 23 minutes 21 seconds East a distance of 130.67 feet to the Point of Beginning being the southeast intersection of said rights -of -way for 146 Street and River Road (the following eight courses being along the southerly right -of -way of 146` Street per said Instrument No. 200100065741); (1) thence South 89 degrees 15 minutes 53 seconds East a distance of 423.63 feet to a point on a non tangent curve to the left having a radius of 6650.26 feet, the radius point of which bears North 00 degrees 44 minutes 08 seconds East; (2) thence easterly along said curve an arc distance of 596.98 feet to a point which bears South 04 degrees 24 minutes 28 seconds East from said radius point; (3) thence North 81 degrees 27 minutes 58 seconds East a distance of 136.79 feet to a point on a non tangent curve to the right having a radius of 6482.94 feet, the radius point of which bears South 04 degrees 24 minutes 29 seconds East; (4) thence easterly along said curve an arc distance of 556.05 feet to a point which bears North 00 degrees 30 minutes 23 seconds East from said radius point; (5) thence South 89 degrees 29 minutes 37 seconds East a distance of 126.94 feet; (6) thence South 86 degrees 38 minutes 21 seconds East a distance of 558.90 feet; (7) thence North 84 degrees 36 minutes 40 seconds East a distance of 110.62 feet; (8) thence North 89 degrees 25 minutes 33 seconds East a distance of 238.80 feet; thence continuing on the easterly extension of said right -of -way North 89 degrees 25 minutes 33 seconds East a distance of 115.74 feet to the middle of White River (the following two courses being along the middle of White River); (1) thence South 03 degrees 25 minutes 34 seconds West a distance of 868.05 feet; (2) thence South 17 degrees 02 minutes 49 seconds West a distance of 564.64 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 3212.80 feet to the easterly right -of -way of River Road per said Instrument No. 200100065741 being a point on a non tangent curve to the right having a radius of 1443.57 feet, the radius point of which bears South 66 degrees 45 minutes 59 seconds East (the following five courses being along said easterly right of way); (1) thence northeasterly along said curve an arc distance of 311.27 feet to a point which bears North 54 degrees 24 minutes 43 seconds West from said radius point; (2) thence North 35 degrees 35 minutes 17 seconds East a distance of 426.04 feet to a point on a tangent curve to the left having a radius of 820.21 feet, the radius point of which bears North 54 degrees 24 minutes 43 seconds West; (3) thence northerly along said curve an arc distance of 507.62 feet to a point which bears South 89 degrees 52 minutes 19 seconds East from said radius point; (4) thence North 00 degrees 07 minutes 41 seconds East a distance of 258.32 feet; (5) thence North 34 degrees 37 minutes 42 seconds East a distance of 27.30 feet to the Point of Beginning, containing 95.82 acres, more or less. EXHIBIT B STATEMENT OF COMPLAINCE WITH THE CARMEL /CLAY COMPREHENSIVE PLAN The proposed Legacy PUD lies within an area identified as Low Intensity Residential on the Land Use Map of the Carmel/Clay Comprehensive Plan. Developments of between 1.3 and 3.0 dwelling units per acre are anticipated within this area. The proposed residential uses within the Legacy PUD include a mix of single family detached homes, townhomes, apartments and an assisted living facility offering a wide range of home sizes and price ranges. The overall maximum density of Legacy will be 2.7 units per acre which falls within the anticipated range for developments within Low Intensity Residential areas found in the Comprehensive Plan. Residential uses increase in density creating a transition into a neighborhood commercial area intended to serve the convenience shopping needs of adjacent neighborhoods as well as the residents of Legacy. Office uses and a proposed assisted living facility compliment the neighborhood commercial area and join it in providing a buffer of scale and use stepping back from 146 Street. These transitions will enhance the stability of pedestrian oriented retail uses and the more intense residential blocks centrally located within Legacy. Pedestrian connectivity and has been integrated into the plan pursuant to the Thoroughfare and Alternative Transportation Plans. Inviting the surrounding community into Legacy is a critical design consideration. A network of trails has been produced providing linkages between generous open space areas, major environmental features and amenity facilities intended to serve active and passive recreation needs. Nearly 200 acres of open space is planned including a 90+ acre area east of River Road intended to serve the active recreation needs of the community. In summary, considerable emphasis has been placed on creating a plan that provides an appropriate mix of residential, commercial and recreational uses which will be inviting, vibrant, and sustainable.