FLATS AT 146. Replat and Amendment to a Multi-family Planned Development DOMO DEVELOPMENT, LLC PRESENTED BY STEVEN D. HARDIN, ESQ.

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Replat and Amendment to a Multi-family Planned Development DOMO DEVELOPMENT, LLC PRESENTED BY STEVEN D. HARDIN, ESQ. NOBLESVILLE PLAN COMMISSION JUNE 16, 2014

TABLE OF CONTENTS Petitioner DOMO Development Company, LLC John Hennessey & Chris White 6471 Brauer Lane Carmel, IN 46033 Attorney Steven D. Hardin, Esq. Roger A. Kilmer, Land Use Consultant Faegre Baker Daniels, LLP 600 East 96th Street, Suite 600 Indianapolis, Indiana 46240 telephone. 317.569.9600 fax. 317.569.4800 Tab 1 Tab 2 Tab 3 Tab 4 Tab 5 Tab 6 Tab 7 TABLE OF CONTENTS Executive Summary Aerial Location Exhibit Comparison of Conceptual Site Plans Flats at 146 Conceptual Site Plan Blue-line of Commitments Illustrative Elevations & Floorplans Blue Line of Proposed Ordinance

EXECUTIVE SUMMARY DOMO Development Company, LLC ( DOMO ) is pleased to present its newest proposed Noblesville multi-family residential development, Flats at 146, to be located on Promise Road north of 146th Street. Last year, the Plan Commission reviewed and the City Council approved a multi-family planned development for this 24.5+/- acre site, then known as Chapel Pointe Apartments. DOMO is the new developer, and it now respectfully seeks to modify the previously approved development plan. DOMO s updated plan lowers the density, increases the open space and arranges the buildings in a courtyard design: Chapel Pointe Flats at 146 Residential Units 491 368 1 Density 20 Units/Acre 15 Units/Acre Design Style Linear along the property lines Individual Courtyards Open Space 19.8% 26.2% A comparison of the original plan and the updated plan is attached hereto at Tab 3. Each building includes attached garages, and each unit will include granite countertops and an individual washer and dryer. DOMO is maintaining the commitments made by the original developer, except as updated and shown on the blue-line version of the commitments, attached hereto at Tab 5. The Architectural Review Board ( ARB ) reviewed the updated plan at its May 15, 2014, meeting and approved the elevations unanimously 2. 1 The updated plan includes 138 1-bedroom units (37%), 194 2-bedroom units (53%), and 36 3-bedroom units (10%). 2 The ARB requested that DOMO add masonry to the mail kiosk, and DOMO agreed to do so.

AERIAL LOCATION EXHIBIT Flats at 146

COMPARISON EXHIBIT: Chapel Pointe vs. Flats at 146 Original Concept Plan Updated Concept Plan

CONCEPT PLAN EXHIBIT

APARTMENTS Noblesville, IN Commitments for the Chapel Pointe Project Flats at 146 Site: 1. The project Flats at 146 will meet the landscaping requirements per the Noblesville Unified Development Ordinance dated July 10, 2012. 2. The project Flats at 146 will meet the site lighting requirements per the Noblesville Unified Development Ordinance dated July 10, 2012. 3. The project Flats at 146 will meet the parking requirements per the Noblesville Unified Development Ordinance dated July 10, 2012. 4. Typical Parking spaces are 9 x18. 5. Available garage parking (no carports) Each building will have 6 attached garages per building open to any tenant in the building. 6. Self-contained Compactor facility to avoid leakage trash compactor. 7. Centrally located mail kiosk. Apartment Flat Buildings: 1. Each building will have 16 units with 6 attached garages. 2. Balconies will be 4 feet deep and vary in width (railing to be wood, engineered, composite, vinyl, or metal) Each unit will have a separate balcony or patio. 3. Balcony railings will be powder coated metal. 4. Roofing material will be dimensional asphalt shingle slate, or raised rib metal. 5. Full masonry exterior facades with stone, brick and cement board siding (brick, stone, or cement board products)(no vinyl siding). 6. Windows on all sides per ARB requirements at siding locations will typically be trimmed with 1x4 trim material on all sides. 7. Most windows will have shutters and decorative window headers. 8. Main body roof pitches will be 6/12 or greater. 9. All buildings will have sprinklers for fire protection. 10. 9 foot ceilings throughout the building 11. 3 separate siding colors, stone and brick will be the same on all buildings. 12. Granite countertops Granite, quartz, marble, or solid surface bathroom vanities. 13. Adult height bathroom vanities. 14. Washer and Dryer included in every unit. 15. Walk---in showers in select units Typical units equipped with 5 foot showers. 16. Wired for ceiling fans. 17. Structured wiring for TV and internet. US.54277110.01 Domo Development Company, LLC

Clubhouse: 1. Full masonry exterior with stone, brick and cement board siding (brick, stone, or cement board products)(no vinyl siding). 2. Roofing material will be dimensional asphalt shingle slate, or raised rib metal. 3. All windows to have decorative window treatment. 4. 9 to 10 foot ceilings or taller throughout the clubhouse. 5. Swimming Pool 6. Fitness center 7. Tanning bed 8. Management office space 9. Business center for tenant use 10. Clubroom with kitchen facilities Common gathering areas 11. Maintenance office US.54277110.01 Domo Development Company, LLC

ILLUSTRATIVE ELEVATIONS EXHIBIT Building Type 1 - Front Elevation Building Type 1 - Rear Elevation

ILLUSTRATIVE ELEVATIONS EXHIBIT Building Type 1 - Left Elevation Building Type 1 - Right Elevation

ILLUSTRATIVE FLOORPLAN EXHIBIT

ILLUSTRATIVE ELEVATIONS EXHIBIT Building Type 3 - Front Elevation Building Type 3 - Rear Elevation

ILLUSTRATIVE ELEVATIONS EXHIBIT Building Type 3 - Left Elevation Building Type 3 - Right Elevation

ILLUSTRATIVE FLOORPLAN EXHIBIT

Illustrative Elevations Exhibit Clubhouse - Front Elevation Clubhouse - Rear Elevation

ORDINANCE NO. AN ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT ORDINANCE, A PART OF THE COMPREHENSIVE PLAN OF THE CITY OF NOBLESVILLE, HAMILTON COUNTY, INDIANA Parcel Cross Reference No. 10-11-16-00-00-026.002 This is an Ordinance to amend the Unified Development Ordinance for the City of Noblesville, Hamilton County, Indiana (the UDO ), enacted by the City of Noblesville under authority of Chapter 174 of the Acts of the Indiana General Assembly 1947, as amended. WHEREAS, the Common Council of the City of Noblesville, Hamilton County, Indiana, adopted Ordinance No. 03-01-13 for Chapel Pointe Apartments (the Chapel Pointe Ordinance ) on February 26, 2013, and now Domo Development Company, LLC, has updated the development plans for Chapel Pointe and requested an amendment to the Chapel Pointe Ordinance; WHEREAS, the Plan Commission of the City of Noblesville has conducted a public hearing on Application #14N-15-0085 as required by law concerning the application for an Amendment to an Approved Development Plan and other exhibits regarding the development of Chapel Pointe; and WHEREAS, the Plan Commission at their June 16, 2014, meeting sent a recommendation to the Noblesville Common Council in the manner by a vote of ayes, nay, and abstentions; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Noblesville, Hamilton County, Indiana, meeting in regular session, that this Ordinance hereby repeals in its entirety the Chapel Pointe Ordinance and replaces it with this Ordinance (the Ordinance ) as follows: Section 1. The Real Estate. The subject real estate is located generally south of Greenfield Avenue and west of Union Chapel Road within the zoning jurisdiction of the City of Noblesville and is described in Exhibit A (the Real Estate ). Section 2. Governing Standards. The property currently is zoned Corporate Campus Planned Development with a Land Use Type of Multi-Family Residential and a Subdistrict Overlay of Mixed Residential (the Underlying District ). Development within the Real Estate shall be governed entirely by (i) the provisions of this Ordinance and its exhibits, and (ii) those provisions of the UDO in effect as of the date of adoption of this Ordinance, and applicable to the Underlying District, except as modified, revised, supplemented or expressly made inapplicable by this Ordinance (collectively, the Governing Standards ). All provisions and representations of the UDO that conflict with the provisions of this Ordinance and its exhibits are hereby rescinded as applied to the Real Estate and shall be superseded by the terms of this Ordinance. US.54083211.03

Section 3. Preliminary Development Plan. The oversized, scaled development plans are on file with the City of Noblesville s Planning and Development Department and dated April 28, 2014 (the Preliminary Development Plan ). Attached hereto as Exhibit B is a general representation of the Preliminary Development Plan. The Preliminary Development Plan is hereby incorporated and approved. Pursuant to Article 8 of the UDO, the Preliminary Development Plan is intended to establish the basic goals and policies, bulk standards, variations/waivers from the Underlying District and layout of the District. Section 4. Approved Elevations. The architectural elevations are on file with the City of Noblesville s Planning and Development Department and were reviewed and approved by the City s Architectural Review Board at its May 15, 2014, meeting. Attached hereto as Exhibit C is a sampling and general representation of those approved elevations (collectively, the Approved Elevations ). The Approved Elevations are hereby incorporated and approved. All buildings shall be substantially consistent with the Approved Elevations. The Director of Planning and Development, including her designees, shall review and approve the elevations at the time of filing of the Detailed Development Plan and/or Building Permit for compliance. Section 5. Detailed Development Plan. Approval of a Detailed Development Plan ( DDP ) shall follow the procedures set out in Article 8 of the UDO, subject to the following clarification: (i) the Director of Planning and Zoning shall approve Minor Changes, as defined in the UDO; and (ii) if a DDP includes a Major Change, as defined in the UDO, from the approved Preliminary Development Plan, then, prior to approval of the DDP, an amended Preliminary Development Plan shall be approved in accordance with Article 8, Part H, Section 3, of the UDO. A Secondary Plat shall be submitted for review and approval as part of any approved DDP. Section 6. Stipulations and Waivers. The following stipulations and waivers are hereby approved: 1. All public improvements, retention/detention ponds, public safety, stormwater runoff, infrastructure, landscaping, irrigation, signage, and any and all other applicable site development standards shall be met as per the adopted ordinances and standards unless waivers are granted regarding the requirements and standards. 2. Three distinct color palettes for the residential structures 3. Reduction of the principal structures roof pitch to a minimum of 6/12. 4. Sidewalls of buildings 6 and 15 may face a street. 5. Eliminated the NAT Trail No. 47 as a part of this development. 6. Granted a maximum density of 20 units per acre, capping the project at 491 368 units (apartments and townhomes). 7. Eliminated the exterior parking lot landscaping along Promise Road. 8. Reduced the minimum lot area per dwelling unit based on the density of 20 units per acre. 9. Permitted the open space calculation as per Exhibit C Open Space Exhibit the Preliminary Development Plan. 10. Eliminated the windows on the side elevations of the principal structures and required shutters in place of windows. 11. Eliminated the 15% of each façade of the principal structures consisting of windows on side elevations only. US.54083211.03

12. Ridges and Corner Breaks shall be as adopted Exhibit F Architectural Elevations as shown on the Approved Elevations. 13. The location of a trash receptacle enclosure adjacent to a primary arterial, Union Chapel Road as per Exhibit B Site Plan. 14. The Commitments attached hereto as Exhibit D are hereby incorporated. Section 7. Approval. This Ordinance shall be in full force and effect from and upon its adoption and publication in accordance with the law. Upon motion duly made and seconded, this Ordinance was fully passed by the members of the Common Council on this day of, 2014. THE CITY OF NOBLESVILLE COMMON COUNCIL Aye Brian Ayer Mark Boice Roy Johnson Gregory P. O Connor Stephen C. Wood Rick L. Taylor Jeff Zeckel Nay APPROVED and signed by the Mayor of the City of Noblesville, Hamilton County, Indiana, this day of, 2014. Attest: John Ditslear, Mayor City of Noblesville, Indiana Janet Jaros, Clerk-Treasurer City of Noblesville, Indiana This document prepared by Steven D. Hardin, Faegre Baker Daniels, LLP, 600 E. 96 th Street, Suite 600, Indianapolis, IN 46240. I affirm, under penalty of perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. Steven D. Hardin. US.54083211.03

EXHIBIT A Legal Description PART OF BLOCK A IN MEREDITH MEADOWS - SECONDARY PLAT RECORDED AS INSTRUMENT #2010012681 IN THE HAMILTON COUNTY RECORDER'S OFFICE, IN THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 18 NORTH, RANGE 5 EAST IN NOBLESVILLE TOWNSHIP, HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 02 MINUTES 37 SECONDS EAST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 976.73 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK A, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY OF UNION CHAPEL ROAD PER INSTRUMENT #2010047598, RECORDED IN SAID RECORDER'S OFFICE AND THE PLACE OF BEGINNING; THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF SAID UNION CHAPEL ROAD THE FOLLOWING FOUR CALLS: 1) NORTH 83 DEGREES 20 MINUTES 10 SECONDS EAST, A DISTANCE OF 7.09 FEET TO A POINT ON A NON-TANGENT CURVE; 2) THENCE 1150.69 FEET ALONG AN ARC TO THE LEFT HAVING A RADIUS OF 1060.00 FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 37 DEGREES 45 MINUTES 46 SECONDS EAST AND A LENGTH OF 1095.02 FEET TO A POINT OF COMPOUND CURVATURE; 3) THENCE 1043.56 FEET ALONG AN ARC TO THE RIGHT HAVING A RADIUS OF 870.00 FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 34 DEGREES 29 MINUTES 56 SECONDS EAST AND A LENGTH OF 982.11 FEET; 4) THENCE SOUTH 00 DEGREES 08 MINUTES 10 SECONDS EAST, A DISTANCE OF 5.47 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER AND THE SOUTH LINE OF SAID BLOCK A; THENCE SOUTH 89 DEGREES 37 MINUTES 54 SECONDS WEST, ALONG THE SOUTH LINE OF SAID BLOCK A AND THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1232.64 FEET TO THE SOUTHWEST CORNER OF SAID PLAT BEING THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 02 MINUTES 37 SECONDS WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER AND THE WEST LINE OF SAID BLOCK A, A DISTANCE OF 1687.63 FEET TO THE PLACE OF BEGINNING. CONTAINING 24.538 ACRES, MORE OR LESS, BEING SUBJECT TO ALL EASEMENTS, RIGHTS-OF-WAY OR RESTRICTIONS OF RECORD OR OBSERVABLE. US.54083211.03

US.54083211.03 EXHIBIT B

EXHIBIT C Front Elevation Rear Elevation US.54083211.03

EXHIBIT D Commitments for the Project Site: APARTMENTS Noblesville, IN 1. The Flats at 146 will meet the landscaping requirements per the Noblesville Unified Development Ordinance. 2. The Flats at 146 will meet the site lighting requirements per the Noblesville Unified Development Ordinance. 3. The Flats at 146 will meet the parking requirements per the Noblesville Unified Development Ordinance. 4. Typical Parking spaces are 9 x 18. 5. Each building will have 6 attached garages per building open to any tenant in the building. 6. Self-contained trash compactor. 7. Centrally located mail kiosk. Apartment Buildings: 1. Each building will have 16 units with 6 attached garages. 2. Each unit will have a separate balcony or patio. 3. Balcony railings will be powder coated metal. 4. Roofing material will be dimensional asphalt shingle. 5. Full masonry exterior with stone, brick and cement board siding. 6. Windows on all sides per ARB requirements. 7. Most windows will have shutters and decorative window headers. 8. Main body roof pitches will be 6/12 or greater. 9. All buildings will have sprinklers for fire protection. 10. 9 foot ceilings throughout the building 11. 3 separate siding colors, stone and brick will be the same on all buildings. 12. Granite countertops. 13. Adult height bathroom vanities. 14. Washer and Dryer included in every unit. 15. Walk- -in showers in select units. 16. Wired for ceiling fans. 17. Structured wiring for TV and internet. US.54083211.03

Clubhouse: 1. Full masonry exterior with stone, brick and cement board siding. 2. Roofing material will be dimensional asphalt shingle. 3. All windows to have decorative window treatment. 4. 10 foot ceilings or taller throughout the clubhouse. 5. Swimming Pool 6. Fitness center 7. Tanning bed 8. Management office space 9. Business center for tenant use 10. Clubroom with kitchen facilities 11. Maintenance office US.54083211.03