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HomeMy WebLinkAboutOrdinance Z-603-15SPONSOR: Councilor Finkam ORDINANCE NO. Z-603-15 ANORDINANCE OF THECOMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,AUTHORIZING AN AMENDMENT TO COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE WHEREAS, the Common Council of the City of Carmel, Indiana (the"City")previously approved that certain Commitments Concerning the Use and Development of Real Estate(the Commitments"), dated November 19, 2006, and executed by RDJ Land Development, an Indiana Limited Liability Company and CR White Development LLC, an Indiana Limited Liability Company, which Commitments were recorded in the Office of the Recorder of Hamilton County, Indiana as InstrumentNo. 200600071293; and WHEREAS, the Cherry Tree Grove Homeowners Association, the successor in interest to the Developers listed above, desire to amend the Commitments to delete commitment"G," contained in Section 3 of the Commitments, which currently provides that"The Developer agrees toextend a 10' asphaltpedestrian trail through the common area in the southeast corner of the Real Estate for thepurpose of making a trail connection to the east with the developer of property abutting and to the east of the Real Estate"; and WHEREAS, Section 4 of the Commitments provide that"These commitments may be modifiedor terminated only by a decision made by the Carmel City Council at a public hearing after notice has been given in accordance with the City Council's Rules of Procedures"; and WHEREAS, the Carmel Plan Commission recommends that the modification of Commitments be allowed; and WHEREAS, the City desires to permit the amendment of the Commitments by the Cherry Tree Grove Homeowners Association to delete commitment G contained in Section 3 of the Commitments. NOW,THEREFORE,BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The City hereby agrees to permit the amendment of the Commitments to allow commitment G contained in Section 3 of the Commitmentsto be deleted. This Ordinance was preparedby Jon Oberlander,Asst. Carmel City Attorney, on 7/2/15 at 11:45 a.m.No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. Section 3. The deletion of commitment G contained in Section 3 of the Commitments is contingentupon the execution of the Cherry Tree GroveHomeowners Association and the recording in the Office of the Recorder of Hamilton County, Indiana of a new commitment that shall state as follows: A. The number of homes on the RealEstate shall not exceed 34. B. The Real Estate shall be developed in substantial compliance with the site plan attached hereto as Exhibit`B." C. Homes built on the RealEstate shall comply with the architectural standards attached hereto as Exhibit"C." D. No more than 25% of the homesite labeled as Lot 34 (the "Conservancy Lot") on Exhibit `B" shall be disturbed. The existingdriveway location shall beused for access to the Conservancy Lot. E. Thedetention pond shown in Exhibit`B" shall be lined with clay soil. F. Vinyl siding shall not be used. Section 4. Except for the amendment permitted in Section 1 and 2 of this ordinance, no other amendments or modifications to the Commitments are permitted pursuant to this ordinance. Section 5. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. signature page follows] Ordinance Z-603-15 Page Two of Three This Ordinance was prepared by Jon Oberlander,Asst. Carmel City Attorney, on 7/2/15 at 11:45 a.m.No subsequent revision to this Ordinance has been reviewedby Mr.Oberlander for legal sufficiency or otherwise. SO ORDAINED and ordered by the Common Council of the City of Carmel, Indiana, this O day of 2015,by a vote of to ayes and a nays. COMMON COUNCIL FOR THE CITY OF CARMEL 4,, 4Z Presiding icer evinD. Rider N pi- eca.eS ex/ Ts- Richard L. Sh_rp, President Pro Tempore Carol Schleif 1 1 A/ 5:...._.. R e E. Carter W. Eric Seiden ticker c_ v 4 r u 41.11 I Iite_ All -a Is S is :inkam r sc ' ,der Al"1'EST: UA i 5 .1 Diana L. Cordray, .AMC, Clerk-Treas, /-r S4' Presented by me to the Mayor of the City of Carmel, Indiana this et, day of 46_,2015, at dl: Ol A Al 1 , eacilLei Diana L. Cordray, IAMC, Clerk-Treasurer a Approved by me, the Mayor of the City of Carmel, Indiana, this o(3 day of 2015, at a'• SO P .M. it mes Brainard, Mayor ATTEST: 6A4410( 4 Diana L. Cordray, IAMC, Clerk-T-e. urer Ordinance Z-603-15 Page Two of Three This Ordinance was prepared by Jon Oberlander,Asst. Carmel City Attorney, on 7/2/15 at 11:45 a.m.No subsequent revision to thisOrdinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. CHERRY TREEGROVE SUBDIVISION MODIFICATION OF COMMITMENTS Z-603-15 CARMEL CITY COUNCIL JULY 20, 2015 Supplemental Information Packet APPLICANTS: JeremyKashman, Director of the Department of Engineering, and Mike Gardner, Cherry Tree Grove Subdivision Homeowners Association President TABLE OF CONTENTS TAB 1 : Executive Summary TAB 2: Location of Cherry Tree Grove Subdivision TAB 3: Exhibit showing location of path NOT to be constructed TAB 4: Neighboring subdivision — Legacy: Section 1 Thisshows how the proposed path in Cherry Tree Grove will not connect to cc path in the Legacy subdivision.) TAB 5: Red-line version of new commitments TAB 6: Clean-line version of new commitments Cherry Tree Grove 1 . i ell._,Tit14,,tr-A4, 17clItS.7\ 1 '. 7^` 24.% i rq z+ fL ':4' 'i 41 E{, 7ff - h 1 z r h L, v iF y 1 P klk r y yywiq i z-' titer i i @"',si k U[7 Ca * i i 1 4 1 Ya ty1 L$`R Ek$ 1J Y w m . W l tift, , f ,tip A 3 : Y_ M ',. t e` Rµ ,I,tt :Ati a-k, ; t F 4 4 a i R f t', z t+y 4. iSr .. 0,,I": 4 ww^+w+• y yfitie 1 F 3 " T,.r ,F,+?;+ J 1 d S 4£., I i.'r w.. 1' ice^^" x._.-.. .-... x. > 7R Tr ti, e r a >N K a. k. 4:„. 1 c- 11'lT•11t a• P k; ...»..,. Y';`S t t ( , f Nq wi+,,:L 1 '-'1. 3iEr,4,,,s,, h 1 4 le„,,,, q TA j '''` 4 tt{ x1! T e t L4H,1 i C' iL+ 411 iR Y pY ilS>IIIW4 y i Y v. f tt x4{ A 8 " at w 1 r e6wa L ;,r W e! j d d Y f i f( 3 'r Xxd r It4A4 1. z (' '` .,. r.w.. l-• 4 °1 S! 1 ..,,"py rt ii...`,, .d.. . 4r.A..r.0^°--nw..w 1 pppttr ;r jr-, 9 Y 11 J ?: gi h °"' .x fj w...d+ 1, x t r M f r q x CY 6 4 o t 11 e{t'(t'IjJil.<. S! 'y -<i,,i t. .,u May 28, 2015 0` I 0.03}0. 06600 0.12 t mi Parcels 0 0.05 0.1 0.2 km Basemap information here V.....C.A.#2 i r s t I cEIL DRiW 2 3 4 C C.A.fit 1C SAC(LE ;.AN Q<v4' 29 I 5 A 6 5 1 I Q- G c 28 6 n 17 ` J 27 w 7 I Y 1 13 to 4— U a'3D 26 8 C.A#3 .2 Q-i c i2419CA.#4 e ! i ,C 9 P i 1 23 20 AXE #t 22 2t C A.#4/ 1 i The k t I) t> \ III I) I I\t shows the path that is not currently constructed and is requested to be removed from the plans. 4.-:-,,_-:4-,...,"/,',...: I. 1 - THE LEGACY RESlDENTlALèy*3`:: p . f1 ':. 1 SECTION ONE, PHASE ONEI t ll'.:.4.... I INI.La.:A Developed b 1 I rltf wU n7.rfw IN P y TIT( , PLATINUM PROPERTIES L.L.C. 15'1.1r b"' ham\j 7` f rwrf .n MOWS t c 1 a`_-r e.;;. a 'cif I "rffr FM fA.l wr rr r f AJblb Ave.."'^7777 . lfl''Ij L.wu°Ef."nt"u.R un lu. T-...u.aN...mn I OFMCILIAert.:..rD11/1 9757 WESTPOINT DRIVE, SUITE 600 NAP 771w MM.0E 01fltfa110 t0.RlttP 1fOVU IJ umVwNNAl1;"w° Iw,F n IMO INDIANAPOLIS, INDIANA 46256wsRUL "fw1 u.nu LOCATION YAP Ifro Te T C:.-'.Z' ,T Zy r -- PHONE: (317) 863-2057 aI""R wr NUVty i.4...m .e:...wno R"L•SG'.'S _9C" 0122 ANL• , w:ro FAX (317) f,4. Nm.mAOPERATORONN.0.1. LETTER: 216-8636 3210 tmmrNl Arm,. R: ¢=~ `^,,,L= PLATINUM PROPERTIES LLC I.a.w.ir Lw..,62u 9757 WESTPOINT DRIVE, SUITE 600 N,,,,a„CONTACT P is t'== INDIANAPOLIS INDIANA 46256 P.,•„„ rt,. PERSON: TIM WALTER z=r”f 5—bput Dnre 6.LL Iod.r.6014PHONES1/2)6632057 EMAIL: TWALTERC PLATINUM—PROPERTIES.COMFAX131716-8636 L•y; .tCONTACTPERSON: 11M WALTER w 1.4..NdmPe.m'wArWOTANNANN..DATE 1.4..N.e1A.WMU,62 If Z .==........ r'Z+il. 10 r C ._.......:_..+7:777. - .601A/w. Wfoa Nebb1Y 6w11a1t r.~ r 7777_ ^ V W. cool CEfOS4 iS GCrr...- -S ._ toy.far 11.0114 NCKRAM, a3-aac frt xlRrormu.r PANTS/AWL CUM.Alm/orrf,c On,Ttw/cww0.cr MON¢mER OHRrLON MAO jII©7 I 1GW-C]w ram...POt..•M..1.Ptwf•BM Q El V-K1 3 CREE wAYl-pAONC SEEO"C Mq Wes Y DESCN DATA CJC7-nw EFOR,...m.POLIO.•M ANN.vac 10 AM: I FI CI . '•, p E1, Im 0 ', ARNETT COURT 115..2.0. CwD-a. war Pull••f3RasN.wwR../0MOIZCm•Ca.2.1..nit CO.,0, ARNETT LANE SS.A7 LE.1AN/111AT0 ONN.CYN.q of .A.a.o MNC0/Ct10r0....0 I ft E _ 3 may . BRMKR LANE/ n00-CSCI CwIMY fCYq PyAN•PWRp J 1 Q I 3RAUCR COIM. 3'15.03 Lf. 61.002 COI VOW OEta OVA•MOIL!/SOP Pun 1- .p. 0 w M cm(+ NEN CAROEN{ANC 1.757.3.1 Lt. 0100-0704 .Atp Puma i/l sNt"uen°.x1A15 7j iy% •.1---cm `0' 1.1 .' II. _1 jt t ` \ r IOW. 3.7S•92 Li. S L® ] ' 6:, i -_. DESIGN SPEED LAO IS MAN i 11. L M i 777 I OMRATMG AUMORI.1'f[.M3AS i CITY Of CARMEL (717)571-2., aLL KA.Y010R=amoral 1/Il/ti 0W i I ' ' I I - CMMC MOIANA 60]1- LI 7 REVSa PER or,rowans 0/01,0 fn t I— 1'—`, A ! . !. I..I I•L. 1 r I _ 1 1 , 3 rrw PLANS PREPARED 8Y:I ._ lI 2.-14.1... ` 1. ` fl STOEPPELWERTH &ASSOCIATES. INC. r 1 17.--1 i r_77--,- I y1 JI r 1 rl 7CONSULTING E. 106th STREET FISHERS, INDIANAO46038 i y• rf"•> PHONE: (317)-570-4841 y I .t -1 •1r., r I L...FAX: (317)-$49-5942 c .fl.mOSTA,E.rtrJr Iy, Y' gNo roanoN or-dins/re ues Ugna•n m,.rut 1 ``v •l•. -, j-. -' K/•.i i. • 4-1•.•-7-+--* CONTACT PERSON: Brett A Huff sL s•*, 4a;,• FIRM IfP9CMJSt DATED FEB.M•2wT I T 1, r Iia ^•*+— •-.._.,_.L" lY' ^-1t-^- t7.lAIL: BHUFFpSTOEPPELWERTH.001. •,a T r ..! := 1 ' LAC_ yr yL 1> v / S I PLANS CERTIFIED BY: 1 I!'•"•±• t om blt..c/ S/I1i/701} fT'/F'1 0AN01..STOEPPELRERM DATE PROFESS, .4L ENPNEER 3 NO 19359 /'.., .....7%)%SCALE;r..00' MODIFICATION OF COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OFREAL ESTATE—FIRST COMMITMENT AMENDMENT The Cherry Tree Grove Homeowners Association makes the following commitments to the Carmel City Council (the "Council")regarding the use and development of the following described real estate(the "Real Estate") located in Hamilton County, Indiana: Section 1. Description of Real Estate See Attached Exhibit"A". Section 2. Petition: 15050008 CA Section 3. Modified Statement of Commitments: These commitments shall run with land,be binding on the Developer of the Real Estate, subsequent owners of the Real Estate and other persons acquiring an interest therein. A. The number of homes on the Real Estate shall not exceed 34. B. The Real Estateshall be developed in substantialcompliance with the site plan attached hereto as Exhibit"B". C. Homes built on the Real Estateshall comply with the architectural standards attachedhereto as Exhibit"C". D. No more than 25%of the homesite labeled as Lot 34 (the "Conservancy Lot")on Exhibit"B" shall be disturbed. The existing driveway location shall be used for access to theConservancy Lot. E. The detention pond shown in Exhibit B shall be lined with clay soil. F. Vinylsiding shall not be used. Section 4. Modification ofCommitments These commitments may be modified or terminated only by a decision made by the Carmel City Council at a public hearing after notice has been given in accordance with the City Council's Rules ofProcedures. Section 5. Effective Date The commitments contained herein shall be effective upon the approval of Petition 15050008 CA and shall continue in effect until modified orterminated by the Carmel City Council. Page 1 of 5 Section 6. Recording The undersigned hereby authorizes the Secretary of the Council to record these commitments in theOffice of the Recorder of Hamilton County, Indiana, upon approval of Petition 15050008 CA. Section 7. Enforcement These commitments may be enforced by the City Council of the City of Carmel, Hamilton County,Indiana. IN WITNESS WHEROF, theCherry TreeGrove HomeownersAssociation has caused this commitment to be executed as of the_day of 2015. Cherry Tree Grove Homeowners Association By:Mike Gardner Title: STATE OF INDIANA SS. COUNTY OF HAMILTON ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared who having been duly swornacknowledged theexecution of the foregoingCommitments. Witness my hand and Notarial Seal this day of 2015. My Commission Expires: Notary Public Printed Residing in County Page 2 of 5 EXHIBIT A LEGAL DESCRIPTION A part of the West Half of the NortheastQuarter of Section 22, Township 18 North, Range4 East,Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest corner of the Northwest Quarter of said Northeast Quarter Section; thence North 00 minutesdegrees02gtnutes 39 seconds East along the West line of said Half Quarter Section 45.00feetto the Centerline of Cherry Tree Road and the POINTOF BEGINNING of this description; the next four (4) callsbeing on and along said Centerline; 1.) North 16 degrees 49 minutes 55 seconds East 52.54 feet; 2.) North 26 degrees 58 minutes 46 seconds East 132.80 feet; 3.)North 35 degrees39 minutes 22 seconds East 81.80 feet; 4.) North 38 degrees 16 minutes 40 seconds East IO2,55 feet to the Southwestcorner of the property described in InstrumentNo, 200l-36075 inthe Office of the Recorder of Hamilton County, Indiana; thenext three(3) callsbeing on and along the South, East and North lines of said real estate; 1.)North 89degrees 55 minutes 33 secondsEast469.84 feet; 2.)North 00 degrees 55 minutes 09 seconds West 225.57 feet; 3.)South 89degrees 55 minutes 33 seconds West 288.06 feet to a point on aforesaid Centerline; thence North 36 degrees 58 minutes 51 seconds East along said Centerline 154.16 feet to the Southwest corner of the real estate described in Instrument No. 2000-51124 in said Recorders Office; thence North 89 degrees 55 minutes 33 seconds East along the South line of said Realestate 861.04 feet to theEast line of said Half QuarterSection; thence South 00 degrees 01 minutes 00 seconds West along said East line 961.00 feet; thenceSouth 89 degrees 29 minutes 02 seconds West810.89 feet; thence North 00 degrees 30 minutes 58 seconds West 323.49feet; thence North 89 degrees 48 minutes 55 seconds West 269.02 feet; thence South 05 degrees 50 minutes 55 seconds West 20.49 feet; thenceSouth 89degrees 40 minutes 48 seconds West 233.46 feet tothe place of beginning, containing 20.442 acres, more or less. Page 3 of 5 CHERRY TREE GROVE 4 SITE PLAN 1 2 3 ` ; 4 ; P --- . i 1 COQ d 5 wag 11 33 I; I 1 it— , a>. 1;,h h 18 I 1 -. M; r A ; 32 Il 1 L L. II 19 1 I lSmLha.aoxc i r---- 16 p i I it ' iri31 {j ' i%' IL _! ,I it 8 ,'. 29 td y. C7 , ; 27' t; 22 , I 23 \,„ \-: I''-':=---------90 O U 0 i pl.!:r . 1 F-,1,—T3 0 0 0 0 0 i 25 li 24 1 I I el 1 1 _- _ _ I___ A 1411/ SLevrduwEi L a aea.Sac r-. I.---,rte°' EXHIBIT C ARCHITECTURAL STANDARDS STRUCTURE AND DESIGN STANDARDS AND PROVISIONS Buildings shall maintain a consistentarchitectural style, in both form and trim, throughout. Thetrimshallbepresentonallsidesofthebuilding, as appropriate. Appropriateness shall be defined as utilizing features and forms that are considered typical to the chosen architectural style, andshallbedeterminedbystaffreview. All building elements are subject to the most currenteditionoftheIndianaBuildingCode. A. WINDOWS 1. At least two windows shall be present on each facade, and each occupied level, as architecturally appropriate. One window shall be permitted on half stories.2. All windows on all sides of the house shall have trim as architecturally appropriate. B. ENTRYWAYS 1. Entryways shall be clearly visible and shall be the dominant feature of the front facade, orthesidefacade. 2. Porches shall be a minimum of six feetdeep, and shall be provided where architecturallyappropriate. C. CHIMNEYS 1. Chimneys shallextend fully to the ground, and above the eaves, if external.2. Chimneysshall be made of masonry or stucco material or panels, or material withsimilar,durable appearance. 3. "Shed-style"or bump-out chimneys shall not be permitted. D. GARAGES 1. Garages shall not be the dominant feature of the front facade 2. If off-set or side-loading (courtyard loading), the facade facing the street shall have atleastonewindow. 3, The garage, if front-loading, shall comprise no more than 30%of the main front facade. E. ROOFLINES 1. Roofs shall have minimum 12"overhangs, on all sides of the structure, if architecturallyappropriate.ro riate. F. MATERIALS 1. If more than one material or color is used, the transition between materials and/or colors shall be logical, i.e. to highlight an architectural feature, Ha material such as brick or stone is used onthe front facade but not the side facades, a logical transition with trim, such as quoins, shall be provided. Vinyl siding, if used, shallnot be less than 0.048 thickness. Aluminum siding shall not be used. Page 5 of 5 BDDf301 45888190 I $ 111- .. CITY ` Al' EL JAMES BRAINARD, MAYOR July 10, 2015 Ordinance Z-603-15: Modification to Statement of Commitments Made UnderOrdinance Z-498-06, Plan CommissionDocket No. 15050008 CA DearCarmel City Council Members: In order to develop the land that is now the Cherry Tree Grove subdivision, the developer made certain commitments to the Carmel City Council, which were memorialized in Ordinance 2-498- 06. The Cherry TreeGrove HomeOwners Association has requested that Commitment G, which called for the extension of a 10' asphalt pedestrian trail through the common area in the southeast corner of theRealEstate for the purpose of making a trail connection to the east with the developer of property abutting and to the east of the RealEstate, be deleted from the Statement of Commitments made under Carmel City Ordinance Z-498-06. Commitment G was mistakenly left off of the SecondaryPlat and was never constructed. It is no longer in the interest of the home owners to have the path constructed, and they have therefore requested that Commitment G be stricken from its Statement of Commitments. The location of thepath, modified commitment document, and other supporting information are contained within this informational brochure. The Carmel Plan Commission Executive Committee voted 3-0 in favor of forwarding with a positive recommendation to the Carmel City Council these modifications of commitments on Monday, June 29, 2015. If you have any questions on the matter prior tothe PublicHearing, you may contact Mike Gardner of the Cherry Tree Grove Homeowners Association at (407) 312-5455 or mike.gardner@thebridgewaterclub.com. Sincerely, Jeremy Kashman Director of the Department of Engineering City of Carmel DEPARINIENT OF ENGINEERING ONE. OBK. SQUARE, CARMEL, IN 46032 OFFICE 317.57E24-11 FAX 317.571.2439 EMAIL engintcring(carmel.in.go% Ani CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION TO THE CITY OF CARMEL TO MODIFY COMMITMENTS MADE PURSUANT TO INDIANA CODE 36-7-4-1015 ORDINANCE Z-603-15 Amending Z-498-06 Modification of Commitments to remove path within Common Area 4 of the Cherry Tree GroveSubdivisionPlat To: The Honorable Common Council Of the City of Carmel Hamilton County,Indiana Dear Members: Pursuant to IC 36-7-4-408, the Executive Committee on behalf of the Carmel Plan Commission offersyou the following report on the application (Docket No. 15050008 CA— Modification of Commitments), petitioning to remove the east/westpath within CommonArea 4 of the Plat for the Cherry Tree Grove Subdivision in the City of Carmel. The Carmel Plan Commission's recommendation on the petition of the applicant is"Favorable." At itsExecutiveCommittee meeting on June 29, 2015the ExecutiveCommittee voted Three (3) in Favor, Zero 0) Opposed, One (1) Absent, to forward to the Common Council the proposed modification of commitments made in connection with the adoption of Ordinance No. Z-603-15,with a"Favorable Recommendation." Please be advised that by virtue of thePlan Commission's Favorable Recommendation, pursuantto IC 36-7-4- 607(e), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of the Certification is Tuesday, September 29, 2015. CARMEL PLAN COMMISSION By Its Executive Committee BY: B va.10-0-4 fA-vv-= Brad Grabow,Vice-President Member, Executive Committee ATTEST: riet Lisa Motz, Secretary J Cannel Plan Commission Dated: July 1, 2015