. '2008007452 ORDINANCE $60 0002/15/2008 09:45:33A 25 PGSJennJfe~ J HaydenHAMILTON County Reco~d~ INRecorded as Presented

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I ORDINANCE 08-05 I--------------AN ORDINANCE OF THE CITY OF WESTFIELD CONCERNINGAMENDMENT TO TEXT OF PLANNED UNIT DEVELOPMENT,BRIDGEWATER CLUB BEING THAT OF ORDINANCE 06-49 AND

TITLE l~:-LAND~l,J.sECONTROLSi' •• '!' ! ,,'

WHEREAS, The City of Westfield, Indiana and the Township of Washington, both ofHamilton County, Indiana are subject to the Westfield-Washington Township Zoning Ordinance;and

WHEREAS, the Westfield-Washington Advisory Plan Commission ("Commission")considered a petition (docket 0711-PUD-05) filed with the Commission to grant various textamendments to Ordinance 06-49 approved by the Town Council on October 9, 2006 that rezonedcertain lands now commonly known as "The Bridgewater Club"; and

WHEREAS, the Commission did take action to forward the request to the Westfield CityCouncil with a unanimous positive recommendation under the provision of IC 36-7-4-605; and

WHEREAS, the Secretary of the Commission certified the action of the Commission tothe City Council on February I, 2008; and .

WHEREAS, the Westfield City Council is'subject to the provisions of the Indiana CodeIC 36-7-4-1507 and 36-7-4-1512 concerning any action on this request.

NOW THEREFORE BE JT ORDAINED BY THE WESTFIELD CITY COUNCIL

b~JN~N~i~~~~M:~rii~~~DFOT~[~~i6 OF THE WESTFIELD CODE OF

SECTION 1. The document as referenced by Ordinance 06-49 described as "The BridgewaterClub Restated and Consolidated Planned Unit Development District is amendedas follows:

The proposed text amendment would impact the existing development standardsof Section H-I of the approved Bridgewater PUD. The current standards ofSection H-I of the Bridgewater PUD would require a minimum four (4) footsetback from any side yard for any dwelling. The current standards would alsoprovide for a ten (10) foot separation between any two structures on abutting lots.The proposed text amendment!would provide for the elimination of the requiredfour (4) foot setback while maintaining the required ten (10) foot separation,which would permit "zero lot line" development of the proposed development.The proposed text amendment would have no impact on the approved secondaryplat, primary plat, or development plan - it would only impact the permitted

1)1112008 Ordinance 08-05PUD Amcndmcnll The Bridgewater Club

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location of individual structures on individual lots within Section H-I of theBridgewater PUD, more commonly located at the Northeast corner of Carey Roadand 161" Street and to be known as "The Preserve" at -Bridgewater and, in allother respects, the Bridgewater PUD shall remain unchanged_

SECTION 2. This Ordinance shall ,be in full. forfe and effect in accordance with Indiana law,upon the passage of any applicable~waiting periods, all as provided by the laws of the State ofIndiana. All ordinances or parts tl1ereof that are in conflict herewith are hereby ordered_

ALL OF WHICH IS HEREBY ADOPTED BY THE C4.hUNCIL OF WESTFIELD,HAMlTON COUNTY, INDIANA THIS /1 DAY OF 2008.

WESTFIELD CI.TY COUNCILHAMILTON COUNTY, INDIANA

Ordinance 08-05PUD A~cndm~nll The Bridgewatct Club .tr", .

h allies of perjury,-"I.ffilrtn Ul"nert e pen, - - to ,-e'not.., ,.' \eCJre \.l_

that I have taken retas;:;:~~b"r "in thi9each Social Securt Y .. '.'d by 'i~wt' .

dOC7!~ _Signed

2/11/2008

Voting For

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Voting Against

Kenneth Kingshill

Robert Horkay

John Dippel

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Abstain

Kenneth Kingshill

Rober! Horkay

John Dippel

Bob Smith

rom Smith

Rob Stokes

._)\l,e_ln~y-_Swea[ ---,.•.•...

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,2008, at m.

I hereby certify that ORDINANCE 08-05 was delivered to the Mayor of Westfield

on the /5 dayof J~

~,,&"dd-£Cindy Goss cr, Clerk-Treasurer

I hereby APPROVE ORDINAN(';j(08-05

this -lL day of 1Gb~ ,2008.

This document prepared byBrian J. Zaigcr, Esq.KRIEG DEY AUL T, LLP(317) 238-6266

Ordinance 08-05

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. I hereby VETO ORDINANCE08-05

this day of .,2008.

J. Andrew Cook, Mayor

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Exhibit "A"Legal Description

A part of the Northeast Quarter of Section 31, Township 18North, Rangc 3 East, Clay Township, Hamilton County,Indiana, more particularly described as follows:

Commencing at the Southeast comer of said Quarter Section. said comer being marked by a railToad spike; thenceNorth 00 dcgrees 05 minutes 12 seconds East along the East line of said Quartcr Section a distance of 891.00 feetto a Mag Nail with washer stamped "Cripe" and the POINT OF BEGINNING of this description; thence South 89degrees 43 minutes 59 scconds West parallel with the South line of said Quarter Scction a distance of874.50 feet;thence North 00 degrees 05 minutes 12 seconds East parallel with the East line of said Quarter Section a distance of741.00 feet; thence North 89 degrees 43 minutes 59 seconds East parallel with the South linc of said Quarter Sectiona distance of852.10 fcet to a rebar with cap stamped "Cripe" and the westerly right-of-way line of Shelborne Road asdescribed in Instrument Number 2003-69146 in the Officc of the Recorder, Hamilton County, Indiana; thence alongsaid westerly right-nf-way linc ofShe1bome Road as described in Instrument Nwnbers 2003-69146 and 2003-{j9147by the next six (6) courses; I) South 02 degrees 29 minutes 53 seconds West 119.08 feet to a rcbar with capstamped "Cripc"; 2) North 89 degrees 54 minutes 48 seconds Wcst 17.59 fcet to a rebar with cap stamped "Cripe";3) South 00 dcgrees 05 minutes 12sccoods West 505.40 feet to a rebar with cap stamped "Cripe"; 4) South 89 degrees51 minutes 42 seconds East 23.57 feet to a rebar with cap stamped "Cripe"; 5) South 04 degrees 18minutes 12secondsEast 69.14 fect to a rcbar with cap stamped "Cripe"; 6) South 89 degrees 54 minutes 48 seconds East 16.14 feet to aMag nail with washer stamped "S & A Finn #0008"and thc East line of said Quarter Section; thence South 00 degrees05 minutes 12 seconds West along said East line 47.52 fcclto the place of beginning, cootaining 14.256 acres,more or less.

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2/11/2008

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Ordinance 08-05PU D Amendment I The Bridgewater Club

WESTFlELD-WASffiNGTON ADVISORY PLAN COMMISSIONCERTIFICATION

The Westfield-Washington Advisory Plan Commission met on Monday, January 28,2008, to consider an amendment to Section HI, "The Preserve," of the BridgewaterPlanned Unit Development. Notice of public hearing was advertised and noticed andpresented to the Advisory Plan Commission. Notice was shown to have been publishedin a newspaper of general circulation in Hamilton CoUnty,Indiana. The proposed rezoneis as follows:

071I-PUD-05 NE Comer of 161" Street and Carey Road,Nelson and Frankenberger requests an amendment toSection HI, "The PreserVe," of the Bridgewater PUD.

A motion was made and passed to send a positive recommendation to the City Council toapprove the amendment request for 0711-PUD-05.

T, Gregory J. Anderson, ATCP, being the Secretary of the Westfield-WashingtonAdvisory Plan Commission, do hereby certify that the above is a true and accurate recordof the minutes of the meeting of the Westfield-Washington Advisory Plan Commissionheld on January 31,2008.

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January 31, 2008Date

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.WESTFIELDcW ASHINGTON ADVISORY PLAN COMMISSIONCERTIFICATION

The Westfield-Washington Advisory Plan Commission met on Monday, January 28,2008, to consider a revision to Section 16.04. ~65 Development Plan Review of theWestfield-Washington Township Zoning Ordiriance. Notice of public hearil1g wasadvertised and noticed and presented to the Advisory Plan Commission. Notice wasshowl1 to have been published in a newspaper of gel1eral circulation in Hamilton County,Indiana. The proposed rezone is as follows:

0801-Z0A-l1l WC 16.04.165 Development Plan Review,Revisions to Section 16.04.165 Development Plan Review of the

Westfield-Washington Township Zoning Ordinance to provide for changes to thetiming of mailed legal notice, proposed by Westfield Community Development.

A motion was made and passed to send a positive recommendation to the City Council toapprove the revision request for 0801-Z0A.0 I.

I, Gregory J. Anderson, AICP, being the Secretary of the Westfield-WashingtonAdvisory Plan Commission, do heteby certify that the above is a true and accurate recordof the minutes of the meeting'of the Westfield-Washington Advisory Plan Commissionheld on January 28, 2008. ,'"

January 31. 2008Date

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WESTFIELD, INDIANA

THE BRIDGEWATER CLUB

, .Text Amendment to Section HI, "The Preserve"

"..." .

City CouncilFebruary 11,2008

Throgmartin.Henke Development LLCc/o Steve H. Henke

867.5553

Attorney - Charles D. FrankenbergerNelson &Frankenberger

844-0106

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TABLE OF CONTENTS

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EXHIBIT 1

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Explanation

By way of general background, on April 9, 2002, the Westfield Council enacted theBridgewater Club Planned Unit Development Ordinance, the blueprint for the vision of a masterplanned residential golf community. Since then, the vision has quickly materialized. As TheBridgewater Club emerged as a ''National Model," the accentuation of details remains one of thehighest priorities. The Bridgewater Club has evolved out of carefully planned ideas, as well asexisting natural landscapes and cooperation between developers and the City of Westfield.

We have recently expanded the Bridgewater Club to include a 14.5 acre, rectangular parcelof real estate located on the northeast comer of 161" Street and Carey Road. 1bis 14.5 acre parcelis cross-hatched on the aerial photograph included as Exhibit.3. The primary plat, a drawing ofwhich is included as Exhibit 4, has already been approved, allowing an upscale, detached, singlefamily residential neighborhood, to be known as the Preserve. By this amendment, we aredesirous of no longer requiring minimum side yards within the Preserve; however, the minimumbuilding separation of 10 feet will remain unchanged, ensuring that all homes will continue to beseparated by at least 10 feet. This will enable us to (i) vary the location of the homes on the lotswithout decreasing the required separation between the homes, and (ii) establish a wider and moreusable side yard.

The public hearing of this matter occurred 'on January 28, 2008, at which time we werereferred by Plan Commission to City Council with a unanimous favorable recommendation. Welook forward to the 1stReading of this matter before the City Council on February 11,2008.

Respectfully submitted,

TIIROGMARTIN-HENKE DEVELOPMENT, LLP

.~... /J.,.,,_ /~Steven H. Henke

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