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HomeMy WebLinkAboutRezone Request ' Homes MORGAN cE Creating Better Communities For Living ' 301 East Carmel Drive © Suite E-300 • Carmel, Indiana 46032-2892 0 (317) 848-4040 Rezoning Request For 20.692 Acres Located On 3rd Ave S.W. uBy C.P. Morgan Communities L.P. ' September, 1996 1 1 1 1 1 1 I I I ' Summary of Rezone Request C.P. Morgan Communities requests a rezoning of the property from I-1 Industrial to R-4 ' Residential for the development of a 99 lot subdivision in conformance with the new Residential Open Space Ordinance. No variances from the subdivision control ordinance will be required or requested. The site development plan will be in substantial ' conformance with the plan enclosed. The housing type will be C.P. Morgan's "Village Series" homes. The development will have a homeowners association and will be subject to the "Plat Covenants, Conditions and Restrictions" enclosed. ' Infrastructure Improvements ' C.P. Morgan will construct a portion of the 126th Street extension along the south end of the development and will request that the City of Cannel pursue the extension of Adams ' Street. C.P. Morgan understands that the 126th Street right of way has been abandoned along the south end of Wilson Village and will not pursue any action that would reclaim this right of way or the construction of a street in this area. ' Preservation of Open Space and Building Setbacks ' The open space component of the proposed plan is located on the eastern portion of the property and includes four acres. This area is generally wooded with the exception of an area that will be excavated as a pond. The open space will provide a recreational amenity ' for the neighborhood and also serve as a buffer area to the adjoining commercial buildings. ' Along the western boundary of the property, adjacent to Wilson Village, there will be no home built less than 85 feet from the current property line. This setback will allow for the preservation of existing rows of evergreen trees. Building setbacks have also been extended along the north boundary line and this area will be improved with a privacy fence. 1 ' Statement of Conformance of Rezone Application With Comprehensive Plan The property is denoted on the existing Comprehensive Plan Map as Industrial land. t However, many of the narrative goals of the Comprehensive Plan will be fulfilled if this property is rezoned for the proposed residential development. For example, the Comprehensive Plan supports the conservation of natural area. This goal will be ' achieved on the subject property through the substantial tree preservation areas on the western and eastern boundaries. The plan also supports a diverse housing supply. The proposed "Village Style" single family housing will be a unique offering to Carmel and provide reasonably affordable homes near the Old Town Area. ' The Transportation Element of the Comprehensive Plan recommends that 126th Street become an east-west corridor connecting to West Carmel Drive. The proposed development plan will provide an important part of this connection up to Third Avenue ' and offers the opportunity for a connection to Adams Street. This corridor could become an important traffic and pedestrian access way for residential neighborhoods (i.e. Hills Condominiums) that are currently isolated from the areas of Old Town, the Civic Center and Monon Corridor. The Carmel Downtown Study, which was completed by Ball State University in 1994, describes a detailed plan for the center of Carmel. The subject property is directly adjacent to the Study Area but is not specifically referenced in the study. It is apparent that development upon the subject property will have an impact on the economic and land ' use goals of the Downtown Area Plan. The Study recommends that the wooded property located to the south of the subject property become a City Park area. This park would serve as an important amenity for existing and future residential development in the area. The study also recommends improvements along the Monon Corridor which will attract pedestrians and cyclists. Again, the proposed residential development will support this goal by placing residents close enough to the corridor to enjoy this proposed amenity. ' "Exhibit B" Carmel Development ' PLAT, COVENANTS, CONDITIONS AND RESTRICTIONS ' The undersigned, C. P. Morgan Communities L. P., by C. P. Morgan Investment Co., Inc., General Partner, by Mark W. Boyce, Vice President as Owner of the within described real estate, do hereby lay off, plat and subdivide the same into lots and streets in accordance with the within plat, the within plat shall be known and designated as , a subdivision in Hamilton County, Indiana. ' Public Streets: The streets and public rights-of-way shown hereon, subject to construction standards and acceptance, are hereby dedicated to the public use, to be owned and maintained by the governmental body having jurisdiction. Residential Uses: ' All lots in this subdivision shall be used solely for residential purposes. No business buildings shall be erected on said lots, and no business may be conducted on any part thereof other than the home occupations permitted in the Zoning Ordinance of the City of ' Carmel, Indiana. Building Location: No building or structure shall be located on any lot nearer to the front lot line or nearer to the side street lot line ( corner lots) than the minimum building setback lines as shown on ' the within plat. Drainage, Utility and Sewer Easements: There are strips of ground as shown on the within plat marked " D.U. & S.E. " ( Drainage Utility and Sewer Easements ) which are reserved for the non-exclusive use of public utility companies, including cable television companies, but not including transportation ' companies for the installation and maintenance of mains, ducts, poles, lines, wires, sewers and drainage, subject at all times to the proper authorities and to the easements herein reserved. No permanent or other structures shall be erected or maintained on said ' strips except for fences, patios, decks, driveways and walkways. The owners of such lots in this addition, however, shall take their title subject to the non-exclusive rights of the public utilities and other owners of said lots in this addition to said easements herein granted for ingress and egress in, along and through the strips so reserved. ' There shall be ten (10) foot minimum drainage, utility and sewer easement on the front of each lot unless otherwise noted ( said 10' D.U. & S.E. applies to both frontages on corner lots ). ' Drainage Easements: There are areas of ground on the plat marked "Drainage Easements". The Drainage ' easements are hereby created and reserved : (1) for the use of developer during the 1 "development period," as such term is defined in the declaration of covenants, conditions and restrictions for ("declaration"), for access to and installation, repair or removal of a drainage system, either by surface drainage or appropriate underground installations for the real estate and adjoining property and (II) for the non-exclusive use of the association ( as defined in the declaration ), the Cannel Department of Public Works ' or any other applicable governmental authority for access to and maintenance, repair and replacement of such drainage system and common areas: provided, however, the owner of any lot in the subdivision subject to a drainage easement shall be required to keep the ' portion of said drainage easement on his lot free from obstructions so that the surface water drainage will be unimpeded. The delineation of the drainage easement areas on the ' plat shall not be deemed a limitation on the right of any entity for whose use any such easement is created and reserved to go on any lot subject to such easement temporarily to the extent reasonable necessary for the exercise of the rights granted to by this paragraph. ' No permanent or other structures shall be erected or maintained on said drainage easements except for fences, patios, decks, driveways and walkways. The owners of such lots in this subdivision however, shall take their title subject to the non-exclusive rights of the Carmel Department of Public Works and other owners of said lots in this addition to said easements herein granted for ingress and egress in, along and through the strips so ' reserved. Developer's Right to Perform Certain Maintenance: ' In the event that any Owner of a lot shall fail to maintain his Lot and any improvements situated thereon in accordance with the provisions of these Restrictions, Developer shall have the right, but not the obligation, by and through its agents and employees or ' contractors, to enter upon said Lot and repair, mow, clean or perform such other acts as may be reasonably necessary to make such Lot and improvement situated thereon, if any, conform to the requirements of these Restrictions. The cost thereof shall be an expense of ' the lot owners and the Developer may seek collection of costs in any reasonable manner including placing a lien against said Real Estate for the expense thereof Neither the Developer, nor any of its agents, employees, or contractors, shall be liable for any ' damage which may result from any maintenance work performed hereunder. Upon the completion of the development period, the Association shall succeed to the rights of the ' Developer. Common Area: There are areas of ground on the plat marked "Common Area". The common areas are hereby created and reserved: Solely for the common visual and aesthetic enjoyment of the owners. II. For the use by developer during the development period for the ' installation of retention and detention ponds or lakes, entryways, sidewalks and playgrounds and nature park lands; and 1 III. For the use as retention and detention ponds or lakes, entryways, sidewalks and playgrounds, and nature park lands; and ' IV. For the ownership and use of the association for the management and control of retention and detention ponds or lakes, entryways, sidewalks ' and playgrounds and nature park lands, and the installation, maintenance and repair of improvement hereto. ' Sight Distance At Intersections: No fence, wall, hedge or shrub planting which obstructs sight lines of elevations between ' 3 and 12 feet above the street shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines, and a line connecting points 40 feet from the intersection of said street lines or in the case of a rounded property corner, from the intersection of the street right-of-way lines extended. The same sight line limitations shall apply to any lot within 10 feet of the intersections of a street right-of- way line with the edge of the driveway pavement or alley line. No tree shall be permitted ' to remain within such distances of such intersection unless the foliage is maintained at sufficient height to prevent obstruction of the sight line. ' Entrywalls: There are entry walls located a the entry of the subdivision. These entrywalls located at ' the entry of the subdivision. These entrywalls shall be maintained by the Association and are not the responsibility of the City of Carmel, Indiana ' Driveways: All driveways will be paved by the builder at the time of original construction. Maintenance of driveways thereafter, including any resurfacing or repaving shall conform ' with and be uniform to the surface provided at the time of original construction. Sidewalks: ' Each residence constructed on a lot shall have a continuos sidewalk from the driveway to the porch. 1 Signs: No sign of any kind shall be displayed to the public view on any lot, except that one sign of not more than six (6) square feet may be displayed at any time for the purpose of ' advertising the property for sale or rent, except the developer may use larger signs during the sale and development of this subdivision. 1 Storage Sheds and Mini-Barns: No detached storage shed or mini-barn shall be installed or permitted in this subdivision. ' Mailboxes: The mailboxes initially installed by the developer include a newspaper holder/box. No ' additional newspaper boxes or attachments may be added to the mailbox structure. 1 Animals: ' No farm animals, fowls or domestic animals for commercial purposes shall be kept or permitted on any lot or lots in this subdivision. No noxious, unlawful, or otherwise ' offensive activity shall be carried out on any lot in this subdivision, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Motor Vehicles and Trailers: All motor vehicles belonging to members of a household shall have permanent parking ' spaces in garages or driveways and no disabled vehicle shall be openly stored on any residential lot. Only passenger cars, station wagons or small trucks ( pickups, vans ) of a size not larger than may be parked within the garage shall be regularly parked on or adjacent to a lot. Also no boat, trailer, camper or motor home of any kind ( including, but not in limitation thereof, house trailers, camper trailers or boat trailers ) shall be kept or parked on said lot except within a garage. Trash and Waste: ' No lot shall be used or maintained as a dumping ground for trash. Rubbish, garbage or other waste shall be kept in sanitary containers. All equipment for storage or disposal of such materials shall be kept clean and shall not be stored on any lot in open public view. All rubbish, garbage or other waste shall be regularly removed from a lot and shall not be allowed to accumulate thereon. ' Storage Tanks: Any gas or oil storage tanks used in connection with a lot shall be either buried or located in a garage or house such that they are completely concealed from public view. Water and Sewage: No private or semi-private water supply and/or sewage disposal system (septic tanks, ' absorption fields, or other method of sewage disposal) shall be located or constructed on any lot or lots in the subdivision. Antennas: No antenna in this subdivision shall exceed five (5) feet above a roof peak. Satellite Dishes: No satellite dishes shall be installed or permitted in this subdivision, except those that do not exceed twenty four inches (24") in diameter. Gutters and Downspouts: All gutters and down spouts in this subdivision shall be painted or of a colored material other than gray galvanized. ' Awnings: .1 No metal, fiberglass or similar type material awnings or patio covers shall be P ermitted in this subdivision. ' Swimmin g Pools: No above ground swimming pools shall be permitted in this subdivision. Solar Heat Panels: No solar heat panels shall be permitted on roofs of any structures in this subdivision. All such panels will be enclosed within a fenced area and shall be concealed from the view of neighboring lots and the streets. ' Street Access: All lots shall be accessed from the interior streets of the subdivision. There shall be no direct lot access to Third Avenue, 126th Street or any other public street that is not an interior street. ' Drainage Swales: Drainage swales ( ditches ) along dedicated roadways and within the right-of-way or on dedicated easements, are not to be altered, dug out, filled in, tiled or otherwise changed ' without the written permission of the Carmel Department of Public Works. Property owners must maintain these swales as sodded grassways or other non eroding surfaces. ' Driveways may be constructed over these swales or ditches only when appropriate sized culverts or other approved structures have been permitted by the Carmel Department of Public Works. Culverts must be protected especially at the ends by head walls or metal end sections, and, if damaged enough to retard the water flow, must be replaced. Any Property owner altering, changing or damaging these drainage swales or ditches will be held responsible for such action and will be given 10 days notice by registered mail to repair said damage, after which time, if no action is taken, the City may cause said repairs to be accomplished and the bill for said repairs will be sent to the affected property owner ' for immediate payment. Fences: No fence shall be higher than six (6) feet. No fencing shall extend forward at a point which is five (5) feet behind the furthest back front corner of the residence. All fencing shall be constructed of wood or vinyl. No fences, except those fences installed initially by the developer shall be erected without the prior written consent of the Development Control committee. Enforcement: Violation or threatened violation of these covenants and restrictions shall be grounds for ' an action by the Developer, Association, any persons or entity having any right , title or interest in the Real Estate ( or any part thereof) and all persons or entities claiming under them, against the person or entity violating or threatening to violate any such covenants or restrictions. Available relief in any such action shall include recovery of damages or other sums due for such violation, injunctive relief against any such violation or threatened violation, declaratory relief, and the recovery costs and attorneys' fees incurred ' by any party successfully enforcing these covenants and restrictions; provided, however, that neither the Developer not the Association shall be liable for damages of any kind to ' any person for failing to enforce or carry out such covenants and restrictions. The Carmel Planning Commission, its successors and assigns, shall have not right, power or authority, to enforce any covenants, commitments, restrictions or other limitations contained in this plat other than those covenants, commitment, restrictions or limitations that expressly run in favor of the Carmel Planning Commission; provided further that ' nothing herein shall be construed to prevent the Carmel Planning Commission from enforcing any provisions of the Subdivision Control Ordinance, as amended or any conditions attached to approval of this plat by the City Council. ' Terms: The within covenants, limitations and restrictions are to run with the land and shall be binding on all parties claiming under them. These covenants shall be in full force and effect for a period of twenty-five years from recording date. At which time said covenants shall be automatically extended for successive periods of ten (10) years unless by vote of the majority of the then owners of the lots, it is agreed to change the covenants in whole or part. Invalidation of any of the covenants by judgment of court order shall in no way affect any of the other provisions which shall remain in full force and effect. The real estate described within this plat is hereby platted, subdivided and made subject to these plat, covenants, conditions and restrictions and is further subject to the terms, definitions and conditions of a certain declaration of covenants, conditions and restrictions recorded as instrument in the Office of the ' Recorder of Hamilton County, Indiana. In Witness whereof, C. P. Morgan Communities L. P., by C. P. Morgan Investment Co., Inc., General Partner, by Mark W. Boyce, Vice President have hereunto cause its and their names to be subscribed this day of 1995. The C. P. Morgan Investment Co., Inc., General Partner ' Mark W. Boyce, Vice President State of Indiana ) SS: 1 County of Hamilton ) Before me, the undersigned, a Notary Public in and for said county and state, personally appeared C. P. Morgan Communities L. P., by C. P. Morgan Investment Co., Inc., 1 General Partner, by Mark W. Boyce, Vice President and acknowledged the execution of the foregoing instrument as its voluntary act and deed and affixed their signature thereto. Witness my signature and Notorial seal this day of 1995. Notary Public: My commission expires County of Residence This instrument prepared by C. P. Morgan Communities L. P., by C. P. Morgan Investment Co., Inc., General Partner, by Mark W. Boyce, Vice President Commission Certificate: Under authority provided by Title 36, Acts of 1981, P.L. 309 enacted by the General Assembly of the State of Indiana, and all acts amendatory or supplementary thereto, and an ordinance adopted by the town council of the City of Carmel, Indiana, this plat was given approval by the City of Carmel, as follows: Adopted by the Carmel Plan Commission at a meeting held , 1995 Carmel Plan Commission By: i 1 1 1 1 1 1 09/06/1995 08: 49 3172720412 SCHNEIDER ENGR AVON PAGE 02 1 1 ' TRAFFIC IMPACT STUDY FOR C.P. MORGAN COMPANY 1, 1 1 1 Prepared for: ' C.P. Morgan Company 1 1 1 Prepared 6 P By: 1 Schneider Engineering Corporation 6845 East US 30, Suite 500 Danville Indiana 46122 317-272-0108 August 1995 1 1 1 1 0.9/06/1995 08: 49 3172720412 SCHNEIDER ENGR AVON PAGE 03 Traffic Impact Study for Residential Development Carmel, Indiana August 16, 1995 Prepared for: • C.P. Morgan Company I certify that this TRAFFIC IMPACT ANALYSIS has been prepared by me or under my immediate supervision and that I have experience and training in the field of traffic and transportation engineering. 1 • 1 1 Chet M. Skwarcan, P.E. Date: Indiana Registration: #20785 1 Schneider Engineering Corporation 6845 US 36, Suite 500 Danville, Indiana 46122 1 (317)272-0108 • 1 1 1 1 1 Schneider Engineering Corporaiion 1 09/05/1995 88: 49 3172720412 SCHNEIDER ENGR AVON PAGE 04 1 TABLE OF CONTENTS SECTION PAGE I. Introduction 1 II. Proposed Site Development 1 ' III. Area Conditions 1 IV. Projected Traffic 3 1 V. Traffic Analysis 6 1 VI. Improvement Analysis 6 VII. Findings 15 VIII. Recommendations 15 1 IX. Conclusions 16 1 ' LIST OF TABLES I. Site Generated Traffic 3 IL Levels of Service 15 LIST OF FIGURES I. Vicinity Map 2 II. Primary Trip Distributions (Figures 2 & 3) 4-5 ' III. Scenario Traffic Volumes (Figures 4-11) 7-14 1 1 Schneider Engineering Corporation 1 09/05/1995 08: 49 3172720412 SCHNEIDER ENGR AVnN PAGE 05 1 i. INTRODUCTION This Traffic Impact Study was prepared for the C.P. Morgan Company. The company proposes to develop a residential subdivision on a site on the west side of 3rd Avenue Southwest north of its intersection with Carmel Drive in Hamilton County.(see Figure 1). I The AM and PM peak hours were examined as the critical time periods as per the Department of Community Development(DOCD)for the City of Carmel. The ,intersection of 3rd Avenue Southwest and Cannel Drive as well as with the proposed development's drive were treated as the critical intersections as per Mark Monroe of DOCD. Through conversations with Randy Powell of the Department of Engineering it was learned that there are currently no plans to make geometric improvements to the streets in question. Dave Cunningham of DOCD requested that for our examination of future conditions, we utilize the improvements suggested in a Traffic Operations Analysis submitted to the City by Pflum,Klausmeier, and Gehrum for the proposed Cannel IStation. The C.P. Morgan development will have a two drives with one lane entering and one lane exiting. These will access 3rd Avenue Southwest via the proposed.Adams Street extension naming along the southern border of the site. H. PROPOSED SITE DEVELOPMENT The proposed C.P. Morgan development is a 99 unit residential subdivision of single family homes. The site is located on the west side of 3rd Avenue Southwest north of its intersection with Cannel Drive. IIII. AREA CONDITIONS 3rd Avenue Southwest I 3rd Avenue Southwest is a two-lane, two-way local street with 12'wide lanes. The average daily traffic adjacent to the proposed site is approximately 5000 vehicles. The intersection of 3rd Avenue Southwest and Carmel Drive is a T-intersection with a stop sign on 3rd Avenue Southwest. The speed limit is 30 miles per hour. CarmelDve 1 Carmel Drive is a two-lane, two-way local street with 12' lanes. The average daily traffic is approximately 12,000 vehicles. I 1 Schneider Engineering Corporation I 09/06/1995 08:49 3172720412 SCHNEIDER ENGR AVON PAGE 10 V. TRAFFIC ANALYSIS Analysis was performed on the existing and proposed intersections as per DOCD. The six unsignalized intersections and their anticipated volumes are shown in Figures 4 - 11. ' The analyses were performed using computer software based on the 1985 Highway Capacity Manual. Summary reports are included in the Appendix for the AM and PM Peak Flours. There were a total of 8 scenarios examined. The scenarios are: Scenario 1: Existing-AM (1995) Scenario 2: Existing-PM (1995) Scenario 3: Existing volumes plus background growth-AM (2005) 1 Scenario 4: Existing volumes plus background growth-PM(2005) Scenario 5: Existing volumes plus background growth plus Site-AM (2005) Scenario 6: Existing volumes plus background growth plus Site-PM (2005) Scenario 7: Existing volumes plus background growth plus Site with Adams Street extension-AM (2005) Scenario g: Existing volumes plus background growth plus Site with Adams Street extension-PM (2005) ' VI. IMPROVEMENT ANALYSIS We find that the resulting levels-of-service (LOS), both with and without the C.P. Morgan development, are quite satisfactory with LOS of A and B for most intersections I with existing geometries. The construction of the Adams Street extension with two-lane, two-way configuration would also provide satisfactory levels of service. ' However, the "T"intersection of 3rd Avenue Southwest and Carmel Drive has a LOS of D currently for both AM and PM peak hour volumes. The addition of an additional southbound lane would not decrease the intersection delay. I I 1 6 Schneider Engineering Corporation