STAFF REPORT. CITY OF COLUMBUS PLAN COMMISSION (October 14, 2015 Meeting)

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1 City of Columbus Bartholomew County Planning Department 123 Washington Street Columbus, Indiana Phone: (812) Fax: (812) STAFF REPORT CITY OF COLUMBUS PLAN COMMISSION (October 14, 2015 Meeting) Docket No. / Project Title: Staff: Applicant: Property Size: Current Zoning: Proposed Zoning: Location: ANX / RZ (Columbus Place Apartments) Allie Keen Columbus Place Apartments, LLC Acres (Annexation) Acres (Rezoning) AP (Agriculture: Preferred) RS1 (Residential: Single-Family 1) RM (Residential: Multi-Family) 4570 & 4450 Goeller Blvd. & 4441 West 25 South, in Columbus Township. Background Summary: The applicant has indicated that the proposed annexation and re-zoning is for the purpose of developing 2 of the 3 subject properties for multi-family residential. The applicants are proposing to annex all 3 subject properties into the City of Columbus, however the rezoning will only apply to the 2 larger properties located at 4570 Goeller Boulevard and 4441 West 25 South, totaling approximately acres. The 3 rd parcel, 4450 Goeller Boulevard, will remain as single-family residential and will retain the current AP (Agriculture: Preferred) zoning. Key Issue Summary: The following key issue(s) should be resolved through the consideration of this application: 1. Are these properties a logical and appropriate addition to the City of Columbus? 2. Is the RM (Residential: Multi-Family) zoning district appropriate at this location? 3. Should there be any additional pedestrian connections between the subject property and the adjacent multi-family residential property to the north? 4. Should there be a pedestrian connection from the subject property across Goeller Boulevard to connect into the existing side path on the south side of the road? 5. If there are multi-family buildings located along the Goeller Boulevard frontage, should additional landscape screening be required along Goeller Boulevard? Preliminary Staff Recommendation (Annexation): Favorable recommendation to the City Council. The property is 49.4% contiguous to the City of Columbus and therefore meets the minimum requirement of being 12.5% contiguous as defined by IC Additionally, the location of the property will facilitate efficient provision of city services. Preliminary Staff Recommendation (Re-zoning): Favorable recommendation to City Council, with the following conditions: 1. A designated pedestrian connection that connects the subject property s entrance to the existing side path on the south side of Goeller Boulevard shall be provided with any development of the subject ANX / RZ Columbus Place Apartments Page 1 of 12

2 property. The design of the crossing shall be determined during the site plan review of that development and approved by the Planning and City Engineering Departments. 2. A pedestrian path shall extend to the northern property line with any development of the subject site and be made available for the use of residents of this property and the adjacent Westwood Pines Apartments. 3. Plantings equal to 65 landscape points, as defined by the Zoning Ordinance in effect on October 14, 2015 shall be provided for every 50 linear feet of public street frontage that is within 40 feet of the back and/or side of an apartment building. The plantings shall be located immediately behind the right-of-way of the applicable street frontage and between the applicable building and the street. The 50 foot linear foot segments shall be measured at the right-of-way line of the affected street and shall be rounded to the nearest 50 feet. The back and side of the buildings shall be defined as those that do not include primary walk-up entrances. 4. Intersection improvements at the entrance of the subject property from Goeller Boulevard shall be included with any development of the subject property. These improvements may include, but not limited to, a left turn lane and acceleration and deceleration tapers, as specified by the City Engineering Department. 5. Any vehicle access to County Road 25 South shall be designed and used for emergency purposes only. Plan Commission Options: Annexation and re-zoning are two separate requests and should be decided separately. In reviewing requests for annexation & re-zoning the Plan Commission may (1) forward a favorable recommendation on both or either to the City Council, (2) forward an unfavorable recommendation on both or either to the City Council, (3) forward both or either to City Council with no recommendation, or (4) continue the review to the next Plan Commission meeting. The Plan Commission may recommend that conditions or commitments be attached to the re-zoning request. The City Council makes all final decisions regarding annexation & rezoning applications. Considerations / Decision Criteria (Annexation): Indiana law requires that, to be eligible for annexation, the external boundary of the area must be at least 12.5% contiguous with the boundary of the City (the property involved in this annexation is 49.4% contiguous with the boundary of the City). In 1990 the City Council adopted the following policies for annexation: 1. Subdivisions which are contiguous to the City should be a part of the City. 2. Land contiguous to the City zoned for commercial or industrial purposes should be annexed to the City before it is developed. 3. Land contiguous to the City used for commercial or industrial purposes should be a part of the City. 4. Undeveloped land required to complement the annexation of developed land and which helps provided the ability to manage growth should be a part of the City. 5. Neighborhoods which are socially, culturally, and economically tied to the City should be a part of the City. 6. The pattern of City boundaries should promote efficient provision of services by the City, the County, and other agencies. 7. Contiguous lands needed for orderly growth and implementation of the City s Comprehensive Plan should be a part of the City. 8. Contiguous lands which are likely to be developed in the relatively near future should be a part of the City. 9. Contiguous lands having the potential for health or safety problems or environmental degradation should be a part of the City and provided with City services. 10. Contiguous properties which, if annexed, would serve to equalize the tax burden for City residents should be a part of the City. Decision Criteria (Re-Zoning): Indiana law and the Columbus Zoning Ordinance require that the Plan Commission and City Council pay reasonable regard to the following when considering a re-zoning: ANX / RZ Columbus Place Apartments Page 2 of 12

3 The Comprehensive Plan. Preliminary Staff Comments: The rezoning is supported by the Comprehensive Plan. The Plan encourages development where the City s infrastructure and services have the capacity to accommodate the growth, a mix of housing types, and development adjacent to existing development. In addition, the Plan designates this location as residential. The current conditions and the character of current structures and uses in each district. Preliminary Staff Comments: The subject property is located in an area with both single-family and multifamily residential development is already established. The site is within the Tipton Lakes area that has a mix of different residential housing types. The proposed rezoning is consistent with the surrounding character of the area. The most desirable use for which the land in each district is adapted. Preliminary Staff Comments: The site is well-suited for multi-family. Utilities are able to be extended to serve the property and it is in close proximity to a variety of service and retail uses, including shopping centers, gas stations, and restaurants. This property can also access the existing side path along Goeller Boulevard which provides additional bicycle and pedestrian circulation options that connect to the nearby services as well as further east to Downtown Columbus. The conservation of property values throughout the jurisdiction of the City of Columbus. Preliminary Staff Comments: The property values throughout the City of Columbus should not be impacted in a negative way if the rezoning request were approved. The proposed development is in character with the surrounding properties and is within an area that is already primarily developed as residential. Responsible growth and development. Preliminary Staff Comments: The rezoning represents responsible growth and development. The subject property is immediately adjacent to already developed single and multi-family residential properties. There is adequate infrastructure, including direct access to a minor arterial street. The site is located in close proximity to existing goods and services that is ideal for multi-family development. In addition, the site is located in a predominately residential area. Current Property Information: Existing Land Use: Existing Site Features: Flood Hazards: Single-Family Residential / Undeveloped There are 2 single-family homes located on 2 of the parcels. There are no flood hazards at this location. Special Circumstances: (Airport Hazard Area, Wellfield Protection Area, etc.) Vehicle Access: There are no special circumstances at this location. These properties gain access from Goeller Boulevard (Minor Arterial, Residential, Suburban) and County Road 25 South (Local, Residential, Suburban). ANX / RZ Columbus Place Apartments Page 3 of 12

4 Surrounding Zoning and Land Use: North: South: Zoning: PUD (Westwood Planned Unit Development) AP (Agriculture: Preferred) PUD (Tipton Lakes-Carya Square Planned Unit Development) RS1 (Residential: Single-Family 1) Land Use: Multi-Family Residential (Westwood Pines) Single-Family Residential Single-Family Residential East: AP (Agriculture: Preferred) Undeveloped West: AP (Agriculture: Preferred) P (Public/Semi-Public Facilities) Single-Family Residential Church (Under Construction) ANX / RZ Columbus Place Apartments Page 4 of 12

5 Zoning District Summary (Existing / Proposed): Existing Zoning: AP Existing Zoning: RS1 Proposed Zoning: RM Zoning District Intent: To provide an area suitable for agriculture and agriculture-related uses. This district is further intended to preserve the viability of agricultural operations, and limit non-agricultural development in areas with minimal, incompatible infrastructure. To provide areas for low density single-family residences in areas with compatible infrastructure and services. Development in this zoning district should generally be served by sewer and water utilities. Such development should also provide residents with convenient access to Collector and Arterial streets, parks and open space, employment, and convenience goods. To provide areas for a variety of multi-family uses, such as two-family dwellings, apartment homes and complexes, and condominiums in areas with compatible infrastructure and services. Development in this zoning district should be served by sewer and water utilities. This district should be used in limited locations with highly developed infrastructure, immediate access to Arterial or Collector roads, and direct connections to public open space and convenience goods. This district may be used to provide a transition from regional commercial areas to moderate density single-family residences. In the jurisdiction of the City of Columbus this district is intended for use only within the City limits. Permitted Uses: Agriculture Uses: Residential Uses: Residential Uses: Farm (CFO/CAFO Type 1) County & Joint District Jurisdictions Farm (General) Residential Uses: Dwelling, Single-Family Park Uses: Nature Preserve/Conservation Area Dwelling, Single-Family Park Uses: Nature Preserve/Conservation Area Dwellings, Multi-Family Dwellings, Two-Family Nursing Home/Assisted Living Facility Retirement Facility Park Uses: Nature Preserve/Conservation Area ANX / RZ Columbus Place Apartments Page 5 of 12

6 Water and Sewer Service: Not Required Required. Required. Lot and/or Density Requirements: Minimum Lot Area: 1 acre (43,560 sqft.) or as required to provide two viable septic system sites, in the opinion of the Bartholomew County Health Department, whichever is greater. Maximum Gross Density: 2.5 Dwelling Units per Acre Minimum Lot Area: 12,000 sqft. Maximum Gross Density: 25 Dwelling Units per Acre Minimum Lot Area: Non-Residential Use: 5,000 sqft. Residential Use: 1,500 sqft. per dwelling unit (with a minimum of 6,000 square feet if fewer than 4 units) Setbacks Required: Front setbacks are determined by the Thoroughfare Plan Classification of the adjacent street and are the same regardless of zoning. Side Yard Setback: Ag. Structure = 30 ft. Access. Structure = 15 ft.* Primary Structure = 30 ft.* *5 feet on lots of 2 acres or less where the applicable side or rear lot line adjoins a property of 2 acres or less. Rear Yard Setback: Ag. Structure = 30 ft. Access. Structure = 15 ft.* Primary Structure = 30 ft.* *5 feet on lots of 2 acres or less where the applicable side or rear lot line adjoins a property of 2 acres or less. Front Yard Setback: Arterial Street = 50 ft. Collector Street = 25 ft. Local Street = 10 ft.* *25 feet for any garage with a vehicle entrance facing the street. Side Yard Setback: Access. Structure = 5 ft. Primary Structure = 5 ft. Rear Yard Setback: Access. Structure = 5 ft. Primary Structure = 5 ft. Front Yard Setback: Arterial Street = 50 ft. Collector Street = 15 ft.* Local Street = 10 ft.* *25 feet for any garage with a vehicle entrance facing the street. Side Yard Setback: Two-Family Structure = 5 ft. Multi-Family Structure = 10 ft. Non-Residential Structure = 10 ft. Access. Structure = 5 ft. Rear Yard Setback: Primary Structure = 10 ft. Non-Residential Structure = 10 ft. Accessory Structure = 5 ft. Front Yard Setback: Arterial Street = 50 ft. Collector Street = 10 ft.* Local Street = 10 ft.* *25 feet for any auto service bay, auto fuel pump canopy, or other similar vehicle access points to structures. ANX / RZ Columbus Place Apartments Page 6 of 12

7 Height Restrictions: Agriculture Structure: Primary Structure: Primary Structure: None 40 ft. 50 ft. Primary Structure: Accessory Structure: Accessory Structure: 40 ft. Accessory Structure: 35 ft. 25 feet (or the height of the primary structure on the property, whichever is less) 25 ft. Floor Area Requirements: Minimum Living Area per Dwelling: Minimum Living Area per Dwelling: Minimum Living Area per Dwelling: 1,000 square feet 1,000 square feet Two-Family = 1,000 sqft. Minimum Ground Floor Living Area: 40% Minimum Ground Floor Living Area: 40% Multi-Family = 500 sqft. Minimum Ground Floor Living Area: Not Applicable Signs: All signage requires conditional use approval from the Board of Zoning Appeals. Development Entry Signs: Maximum Number = 2 per public street access point. Development Entry Signs: Maximum Number = 2 per public street access point. Maximum Area (per sign) = 32 sqft. Maximum Area (per sign) = 32 sqft. Maximum Height = 6 ft. Maximum Height = 6 ft. Temporary Banner: All other signage requires conditional use approval from the Board of Zoning Appeals. Maximum Number = 1 Maximum Area (per sign) = 32 sqft. Maximum Duration (days per calendar year) = 90 Interdepartmental Review: City Engineering: 1. The developer will need to improve the intersection of their entrance and Goeller Boulevard. These improvements will most likely include a left turn lane on Goeller and possibly acceleration and deceleration tapers at the entrance. 2. A safe pedestrian crossing will likely be required that connects the proposed development to the existing side path on the south side of Goeller Boulevard. ANX / RZ Columbus Place Apartments Page 7 of 12

8 City Utilities: 1. There are currently no water or sewer available to the site. Extensions would be required to provide even minimal service to the property. We would look to the petitioner/developer to make those extensions since they are the ones requesting the annexation. 2. Sanitary Sewer Sanitary sewer service is available on the south side of Goeller Blvd. Preliminary discussions with the potential developer s engineer and site visits have indicated that gravity service is best served by connecting with a manhole located to the east of the site. This will require acquisition of an easement from an adjacent property. Details and a cost estimate were provided to the applicant. I have estimated the costs of this extension to be approximately $78,000. The Columbus City Utilities would ask that it be stipulated that these costs should be borne by the petitioner. 3. Water Water supply exists on the south side of Goeller Boulevard, but only up to a point approximately 180 feet east of County Road 350 West. To provide service to this site a water main must be extended across Goeller and then east to the west property line of the site. In estimating these costs I have assumed that the water line will be installed under the road using a directional bore. I have further assumed that an 8 water main would be required to meet desired fire flow rates. I have estimated these costs to be $119,000 and would ask that it be stipulated that these costs should be borne by the petitioner. While not directly related to the annexation, the developer would be responsible for the development of all water and sewer lines internal to the property being developed. The Columbus City Utilities would direct that as part of this requirement the developer extend an 8 water main from the west to east property line along Goeller Blvd. right-of-way. The estimated cost would be $73,000 and details were provided to the applicant. While this would meet the minimum requirement for service to this property, it is always a desired component of water supply that there are redundant or looped water mains. Multiple supply lines provide a more reliable service to the development and line pressure is less susceptible to large drops during high flow situations like a working fire. In order to complete the supply loop water will have to be extended from Colorado Street to the east property line. At this time, I m suggesting that the Columbus City Utilities be responsible for this extension, with a goal of completing it within 3 years of annexation. I estimate the costs to be $211,000. Additionally the Columbus City Utilities would investigate options to connect the water distribution system to supplies from the north. Columbus Housing Authority: Annexing these properties has no effect on Columbus Housing Authority. If they are low income based they would provide more affordable housing for the community. Fire Department: City Utilities has addressed most of the concerns that the Columbus Fire Department would have regarding the annexation of this area. This annexation should not cause the Fire Department to hire any more personnel since Station 5 is fully staffed and only a short distance down the road. Our main concerns would be water supply and proper exiting and I am sure these issues as well as hydrant placement is addressed during the site plan review for the property. ANX / RZ Columbus Place Apartments Page 8 of 12

9 Human Rights: There is no impact on our department with this request. Parks Department: No comments. Police Department: No comments. Animal Care Services: No comments. City Garage: No comments. Community Development: No comments. Transit: No comments. Columbus Board of Aviation: No comments. Comprehensive Plan Consideration(s): The Future Land Use Map indicates the future use of this property as Residential. The following Comprehensive Plan goal(s) and/or policy(ies) apply to this application: 1. POLICY A-2-3: Ensure that development takes place in a manner which allows for preservation of farmland, open space, and significant natural features whenever possible and desirable. This policy is intended to encourage creative subdivision design which protects natural features, proper buffering, and orderly development. It is not an anti-growth policy, nor does it mean that all farmland will be retained. 2. POLICY A-2-5: Ensure that the city considers the impacts on agriculture when new development is proposed or infrastructure extended. New roads and utilities can disrupt farming activities and increase development pressures in rural areas. Factories can cause air pollution and noise that adversely affect plants and livestock. Agricultural land should be viewed as land in active economic use, not as inexpensive vacant land. 3. POLICY A-2-6: The City Council should consider annexation proposals on a case-by-case basis within the laws of the State of Indiana and the city s adopted annexation policies. Annexation increases taxes and increases the pressure for development. Because of requirements of Indiana Law, it is sometimes necessary for the city to annex farmland in order to provide for orderly growth, but the city s annexation policies should discourage annexation of farmland except when necessary. 4. POLICY A-2-13: Encourage growth to take place at a rate that enables the city to maintain the high quality of public services. Growth that is too rapid would outpace the city s ability to provide services such as police, fire, and trash pick-up, and it would strain facilities such as schools and parks. 5. POLICY A-2-15: Encourage sidewalks in all areas of the community, requiring them or a pedestrian system in new developments. Sidewalks should be designed with a landscape strip between the sidewalk and the street or curb. Landscape strips are preferred, and all sidewalks should meet accessibility standards. Use or sidewalks and trails has increased dramatically in recent years. These sidewalks and paths should be installed as land is subdivided and developed, eventually leading to a continuous pedestrian system throughout the city. Sidewalks separated from the curb by a landscape strip not only are more attractive, they are safer, because pedestrians are separated from vehicular traffic. ANX / RZ Columbus Place Apartments Page 9 of 12

10 6. POLICY A-4-3: Prevent urban sprawl. Sprawling development patterns waste land and cost tax dollars. Development should be compact and orderly. 7. POLICY A-4-7: Require new development to take place in an orderly fashion to facilitate efficient provision of services at reasonable cost. Public services, such as police and fire protection, school busing, trash pick-up, road maintenance, and snow removal all cost more when development is scattered rather than compact. 8. GOAL D-1: Develop new housing where adequate public services can be provided economically. 9. POLICY D-1-1: Promote orderly housing expansion in locations where the city s infrastructure and services have the capability to accommodate the growth. New neighborhoods should have adequate infrastructure and services. Road networks should be safe, there should be adequate sewage disposal and a safe drinking water supply, there should be adequate police and fire protection and trash pick-up. The city should guide new development to areas where these services will be available at reasonable cost. 10. POLICY D-1-3: Encourage development adjacent to already developed areas. Compact development contiguous to already developed areas is the most economical and convenient urban form, and the city should encourage that type of development. 11. GOAL D-2: Encourage development of a sufficient supply of diverse housing types, sizes and price ranges in the community. 12. POLICY D-2-2: Allow for various housing types. A diverse population needs diverse housing. The city should encourage a variety of housing types, including single-family detached houses, townhouses, and apartments. 13. GOAL D-3: Provide high-quality residential neighborhood environments. 14. GOAL F-2: Ensure safe, convenient, pedestrian-friendly neighborhood environments, which are accessible to all citizens. These pedestrian facilities should be provided in a cost-effective manner. This property is located in the Western Hills character area. The following Planning Principle(s) apply to this application: 1. Ensure new development takes place in a manner that preserves natural features such as topography and wooded areas. Clustering should be encouraged. 2. Encourage all development to be linked to bicycle and pedestrian systems. 3. Encourage a better mix of housing prices. Planning Consideration(s): The following general site considerations, planning concepts, and other facts should be considered in the review of this application: 1. Columbus Place Apartments, LLC is proposing to annex 3 properties, consisting of approximately acres, into the City of Columbus for the purpose of developing the 2 larger properties as a multi-family apartment complex. The applicants are also requesting to rezone the two larger parcels to the RM (Residential: Multi-family) zoning district. The 3 rd parcel will remain as single-family residential and will retain the current AP (Agriculture: Preferred) zoning designation. 2. The subject property is located in a pocket of unincorporated land that is primarily surrounded by the city. Currently, this site abuts the city limits along the north, east, and south property lines. The unincorporated land to the west is primarily large-lot single-family properties. 3. The Planning Department completed the Strategic Growth Study in the spring of 2015, which is a document that was initiated by the City of Columbus to proactively prepare for and direct future industrial, commercial, and residential development within the City s 2-mile planning jurisdiction. The subject properties were identified in the Strategic Growth Study s West District as an area that was recommended to have a future land use of residential. The study categorized the development timeline of these parcels as Tier 2, which means there are a few minor constraints to the development of these properties. The main constraints identified for these properties were the availability of water and sewer. 4. Development of the subject property will require water and sewer extensions to provide services to the property. Water and sewer currently exists on the south side of Goeller Boulevard. Columbus City Utilities has indicated that the developer will be responsible for the necessary utility extensions with the development of the property. ANX / RZ Columbus Place Apartments Page 10 of 12

11 5. The RM (Residential: Multi-Family) zoning district allows for a density of 25 units per acre. The 2 properties that are proposed to be rezoned contain approximately acres; therefore there could be a maximum of 479 total dwelling units on these parcels. 6. The surrounding area is primarily single-family and multi-family residential use. To the east and west of the property there are primarily large-lot single-family properties. To the north there is an existing multi-family apartment complex (Westwood Pines) and to the south of the properties it is more densely developed single-family homes, within Tipton Lakes. The proposed annexation and rezoning will not impact existing agriculture uses. 7. The adjacent single-family residential properties to the west are currently zoned AP (Agriculture: Preferred). The Zoning Ordinance does not require a landscape buffer between the AP (Agriculture: Preferred) zoning district and the RM (Residential: Multi-family) zoning district within the city s jurisdiction. There is an existing tree line along portions of the western border of the subject property that provides some screening between the neighboring properties and the subject site. Additionally, the single-family residential properties are fairly long and narrow in shape and the homes are oriented closer to County Road 350 West which provides additional separation from the future development of the subject properties and the existing homes. 8. The subject property is located off of Goeller Boulevard, which is identified by the Thoroughfare Plan as a Minor Arterial street. Minor Arterial streets provide a moderate degree of mobility, carry more traffic, and generally connect major destinations and developments within the community. This property also has access to County Road 25 West, which is currently a dead-end, 14 foot wide road that provides access to existing single-family homes. Due to the current conditions of County Road 25 West, the applicant has indicated that it is likely access to the subject properties once developed will be from Goeller Boulevard. The Engineering Department has indicated that the developer will need to improve the intersection of their proposed entrance and Goeller Boulevard, which would likely include a left turn lane on Goeller and possibly acceleration and deceleration tapers at the entrance. 9. The Westhill Shopping Center and the Shoppes at Riverbend are located approximately ½ mile away from the subject property. These shopping centers provide a wide range of goods and services nearby. This property is also less than a mile away from the I-65 interstate interchange where there are several other commercial businesses. 10. ColumBUS Transit added a new route (Route #5) in May of 2015 that serves the west side of Columbus. This new route has a designated stop located approximately 0.4 miles north of the subject properties at the intersection of Tupelo Drive and Goeller Boulevard. However, the buses do stop at any intersection on their route; therefore future residents of this property could catch the bus at the intersection of Colorado Drive and Goeller Boulevard which is only a ¼ of a mile north of the subject properties and could be accesses from the existing side path along the south side of Goeller Boulevard. 11. There is an existing multi-family apartment complex (Westwood Pines) immediately adjacent to the subject property. Pedestrian connectivity is important in areas with a large concentration of people, such as multi-family developments; therefore it may be appropriate to place a condition on the rezoning that requires a pedestrian sidewalk or path that extends to the northern property line of the subject property in order to provide pedestrian connections to the neighboring multi-family development and other amenities further to the north. By providing a pedestrian connection up to the northern property line, it provides the possibility for the neighboring apartment complex to extend their sidewalk network to complete the connection. 12. When the subject property is developed, public sidewalks will be required along the frontage of Goeller Boulevard, per Zoning Ordinance Section 7.3(Part 2)(A). There is an existing side path along the south side of Goeller Boulevard, which provides connection to two nearby public parks, Oakbrook and Harrison Parks. The side path also connects to the People Trail at the intersection of Goeller Boulevard and Jonathan Moore Pike. The People Trail provides bicycle and pedestrian connections to the Westhill Shopping Center, the I-65 interchange retail and restaurant services, and a further connection to Downtown, Mill Race Park and other destinations further to the east. Pedestrian connectivity is important for multi-family developments; therefore it may be appropriate to place a condition with the rezoning that requires a designated pedestrian connection across Goeller Boulevard that connects to the existing side path on the south side of the street in order to provide the desired connectivity to the existing pedestrian system for the future residents. ANX / RZ Columbus Place Apartments Page 11 of 12

12 13. Based on the concept plan provided by the applicant, there is a possibility that there could be apartment buildings located along the Goeller Boulevard street frontage. With similar rezoning requests in this area, if a building was located along a public street frontage with the back or side of the building facing the public street additional landscaping or screening has been required as a condition to screen the back of the buildings. This condition typically has included additional plantings provided along the public street frontage that is within 40 feet of the back and/or side of an apartment building immediately behind the right-of-way of the applicable frontage. ANX / RZ Columbus Place Apartments Page 12 of 12

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16 .,.. lyarrantydeed.. THIS INDENTURE WITNESSETa That Ira Carl Fox, of Bartholomew County, in the State of Indiana, Conveys and Warnmts to Blake Everroad, of Bartholomew CoUnty, in the Stare of lndiana, for and iii consideration of tp,e sum of One Dollar ($l.oo) and other valuable. consideratio~ the ~elpt whereof is hereby acknowledged, the following described Real Estate in. Bartholomew County, iii the state o:frndiana, to-wit:... Beginning in theoenterof the Driftwood Turnpike Thirteen Hundred Forty-four (1344) feet south and.seventeen hundred and scventy..four (1774) feet west of the southeast comer of the north half of the northeast quarter of section twenty-eight (28) in Township Nine (9) North of Range five (5) Bast; thence north eight hunilred nineteen (819) f~ thence east seven hundred fifty (750) feet; thence south five hundred forty-seven and one-half 547 ~) feet to the Cemerof said Driftwood tumpuce;.thencewesterly alolig the center of said turnpike to the place of beginning. containing twelve acres, more 01' less, being a part of the south half of ~ noxtheast quarter of section twenty-eight (28) in township nine (9) north of Range Five (5) East. Situated in Bartholomew CO\Ul1)I,fndiana, EXCEPT: A tract of land lying in the South Half, Northeast Quarter. Section 28, Township 9 North, Range 5 Bast. and. described as follows! Beginning at a point that is feet South of the North line ofaxid 1249 feet West of the eastline of the. said South Half; thence Bast a d1stance of22s feet to a point in the Bast line of land owned by Clades A. and IvIaggieCole; thence south and along said Cole land a distance of feet to the center line 9f a public road; then.ce in a Southwesterly direction and along said center line to a po~t that is feet SOUth of the place of beginning; thence North to the place of be~, containing 2 ~. more or l~s, COlltaining after said ex.cepti<>n 10 acres, more or less.. ALSO: A' tract of land lying in the South Half, Northeast Quarter. Section 28. Township? North, Range 5 East, and described as follows: Beginning at a point that is feet South of the North line of and 1249 feet West of the east line of the said South Halt thence East a distance of 225 feet to a point fu. the East line of land owned by Charles A. and Maggie Cole; thence south and along J NO SALES DISCLOSURE REQUIRED BARTHOLOMEW CO. ASSeSSOR

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23 Fil~d for Record in BARTHOLOMEW COUNTY, IN BETTY JEAN SESHEAR ] At 12:11 PM. WARR DEED WARRANTY DEED TIDS INDENTURE WITNESSETH, That Ira Carl Fox, of Bartholomew County, in the State of Indiana, Conveys and Warrants to Blake Everroad, of Bartholomew County, in the State of Indiana, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt whereof is hereby acknowledged, the following described Real Estate in Bartholomew County, in the State of Indiana, to-wit: Beginning in the center of the Driftwood Turnpike Thirteen Hundred Forty-four (1344) feet south and seventeen hundred and seventy-four (1774) feet west of the southeast comer of the north half of the northeast quarter of section twenty-eight (28) in Township Nine (9) North of Range five (5) East; thence north eight hundred nineteen (819) feet; thence east seven hundred fifty (750) feet; thence south five hundred forty-seven and one-half 547 Y2) feet to the center of said Driftwood turnpike; thence westerly along the center of said turnpike to the place of beginning, containing twelve acres, more or less, being a part of the south half of the northeast quarter of section twenty-eight (28) in township nine (9) north of Range Five (5) East. Situated in Bartholomew County, Indiana, EXCEPT: A tract of land lying in the South Half, Northeast Quarter, Section 28, Township 9 North, Range 5 East, and described as follows: Beginning at a point that is feet South of the North line of and 1249 feet West of the east-line of the said South Half; thence East a distance of 225 feet to a point in the East line of land owned by Charles A. and Maggie Cole; thence south and along said Cole land a distance of feet to the center line of a public road; thence in a Southwesterly direction and along said center line to a point that is feet South of the place of beginning; thence North to the place of beginning, containing 2 acres, more or less. Containing after said exception 10 acres, more or less. ALSO: A tract of land lying in the South Half, Northeast Quarter, Section 28, Township 9 North, Range 5 East, and described as follows: Beginning at a point that is feet South of the North line of and 1249 feet West of the east line of the said South Half; thence East a distance of 225 feet to a point in the East line of land owned by Charles A. and Maggie Cole; thence south and along NO SALES DISCLOSURE REQUIRED BARTHOLOMEW CO. ASSESSOR

24 !nscrulllent {+ PG 2 OF 2 said Cole land a distance of feet to the center line of a public road; thence in a Southwesterly direction and along said center line to a point that is feet South of the place of beginning; thence North to the place of beginning, containing 2 acres, more or less. Tax Statements should be sent to: 4450 W. Goeller Blvd., Columbus, IN Property Address: 4450 W. Goeller Blvd., Columbus, IN (2 A) 4570 Goeller Blvd., Columbus, IN (10 A) ~ess Whereof, The said Ira Carl Fox has set his hand and seal, this ~~fi,2010. STATE OF INDIANA, COUNTY OF BARTHOLOMEW ) SS: ~~~e, the undersigned, a Notary Public in and for~s_ai_c... o~unty, this 2~y of ---oitlttlr...t-.l"~l.6..,;/l.t%_~l:.l-r_,, 2010, came Ira Carl Fox, and acknow d ion of the foregoing instn,unent. Witness my hand and official seal. I,.!"'('r;... It~ ~~~'f~..\... ",~ '" 'l""" p{ '. /" ;("<"::;';"" '..I,.)., Notary Public./i~!\2i!tl> ~( " f ~fj{~~i Si~~Expires: ~. ~ ~:of'~~id;nce: ""',.-,.;.'.,!;:~~;~::.::,'; This Instrument Prepared By Dan A. Patterson JONES PATTERSON & TUCKER, P.O. Box 6~,II@eII_""",@iIp_iliiiBi'" ~~~:::."Gu.,"';) for perjury that I have taken reaso"'81i)~:ate;j.o,.i~omo'\.i_u~, social security number in bylaw. DULY ENTERED FOR TAXATION SUBJECT TO FINAL ACCEPTANCE FOR TRANSFER MAR ~~~ Auditor 6artnolomew Co" Ind,ana Return recor~d deed to: Dan A. Patterson, JONES PATTERSON & TUCKER, P.O. Box 67, Columbus, IN

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30 , :WARRANTY DEEl;),, ',, THIS INDENTURE WITNESSETa That Ira Carl Pox. of Bartholomew County, in the,, ' State of Indiana. Conveys and Warrants to 'Blake Evetro~, of Bartholomew CoUnty, in the State of Indiana. for and hi consideiation of tjj.c sum of One, Dollar ($1.00)' and" other valuable ' consideratio~ the ~ecelpt whereof is hereby acknowled~t the following described,real Estate in, ' :Bartholom~w County. iii the state of fudiana, ttrwit: B~ng in the,centercif the Driftwood Turnpike Thirteen Hundred Forty-four (1344) feet south and,seventeen hundred and seventy..four (1774) feet west of the southeast comer of the north half of the northeast quarter of section twenty-eight (28) in Township Nme (9) North of Range five (5) Basti thence northeigb.t huni:lted nineteen (819) f=t; thence east. seven hundrcxl fifty (750) feet; thence south five hundred forty~seven and one-half 547 ~) feet to the center of saul. Driftwood tumpike;,tbence\vesterly along the center of said turnpike lothe place of beginning. containing twelve acres, more 01' Ie-ss, being a part of the south half of the noitheast quarter of section twenty-elght (28) in township nine (9) nolth of Range Five (5) East. Situated in Bartholomew C~,Indiana. EXCEPT: A tract of land lying in the South Half, Northeast Quarter., SectiOJi28. Township 9 North. Range 5 Bast, and. described as follows: Beginning at a point that is feef: South of the North line of and 1249 feet West of the eastlii1e of the said South Half; thence East a dlstance of22s feet to a point in the Bast.line of land owned by Charles A. and Maggie Cole; thence south and along said Cole land a distance of feet to the center line of a pubuc road; th~ in a Southwesterly direction and along said center line to a point that is feet SOUth of the place ofbeglnning; thence North to the place of begiim~t containing 2 ~t more or 1~. Containillg after said exception 10 acres, more or less.. ALSO: A' ttact of land,lying in the South Half, Northeast Quarter, Section 28, Township? North, Range 5 East; and described as follows: Beginning at a point that is feet South of the North line of and 1249 feet West of the eastline of the said South Half: thence East a distance of 225 feet to a point fu the East line of land owned by Charles A. and Maggie Cole; thence south and along j NO SALES DISCLOSURE REQUIRED BARTHOLOMEW CO. ASSESSOR

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