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HomeMy WebLinkAboutWestwood.Westmont.AgreementAGREEMENT BETWEEN MII HOMES OF INDIANA LI' THE WESTWOOD ESTATES HOMEOWNER'S ASSOCIATION AND AFFECTED WESTWOOD ESTATES LOT OWNERS This agreement ( "Agreement ") is by and between M/I I tomes of Indiana, LP ( "MI "), the Westwood Estates I lomeowner's Association ( "Westwood HOA ") and certain individual lot owners of homes in the Westwood Estates subdivision who have executed this Agreement (collectively, the "Affected Westwood Estates Lot Owners "). WHEREAS, MI is the builder of homes that have been constructed or that will be constructed in a residential subdivision located in Carmel, Indiana which residential subdivision is known as Westmont (the "Westmont Subdivision "). A portion of the Westmont Subdivision is located east of and adjacent to a portion of the Westwood Estates subdivision (tile "Westwood Estates Subdivision "), WHEREAS, the Westmont Subdivision is zoned pursuant to the Westmont PUD Ordinance (Ordinance No. 2- 507-07 and Docket No. 07020014) (collectively, the "Westmont PUD "). WHEREAS, on October 6, 2015, the Director of Community Services for the City of Carmel (the "Director ") issued an administrative determination (tile "Administrative Determination ") to MI indicating that MI may only construct one story (I story) or one - and -a- half story (I % story) homes on the 80 foot wide lots that are located in the Westmont Subdivision (the "80' Westmont Lots "). A copy of the Director's Administrative Determination is attached hereto and incorporated herein by reference as Exhibit "A ". Also attached hereto and incorporated herein by reference as Exhibit "I3" is an aerial photograph that depicts the location of the 80' Westmont Lots in conjunction with the western perimeter of the Westwood Estates Subdivision. WHEREAS, in response to the Director's Administrative Determination, MI tiled an appeal of the Administrative Determination to the City of Carmel's Board of Zoning Appeals ( "MI's Appeal ") and MI's Appeal was assigned Docket No, 151 10008. NOW, 'r"Em,FORE, in order for the Ml, the Westwood HOA and the Affected Westwood Estates Lot Owners to address and resolve both the Director's Administrative Determination and MI's Appeal, and for other good and valuable consideration, the parties have agreed as follows: 1. That MI agrees to the following: a. To install landscape plantings upon certain lots located within the Westmont Subdivision which landscape plantings will be situated on lots along a segment of the western perimeter of the Westmont Subdivision adjacent to a segment of lots along the eastern perimeter of the Westwood Estates Subdivision (tile "Landscape Plantings "). The Landscape Plantings will consist of replacing and installing additional landscape material on the berm that is located in the 5' landscape easement at the rear of lot 50 and the rear of lots 52 through 59, as shown and depicted on what is attached hereto and incorporated herein by reference as Exhibit "C -1 through C -3 ", which is a landscape plan that identifies the type and location of the Landscape Plantings (the "Landscape Plan "). b. That MI shall construct only one story (I story) or one -and -a -half story (1 % story) homes on a segment of lots that are located: (i) on the western perimeter of the Westmont Subdivision adjacent to a segment of the eastern perimeter of the Westwood Estates Subdivision and (ii) west of Finnhorse Drive, which are only those lots that are outlined in yellow on Exhibit "D" and which only include lot numbers 50,52,54,55,56,57,58 and 59 in the Westmont Subdivision (collectively, the "Required I Story or 1 Yz Story Westmont Homes "). c. That MI agrees that the Required 1 Story or 1 '/� Story Westmont Homes shall be constructed pursuant to the standards and requirements of the Westmont PUD. 2. That, in exchange for and in consideration of MI a reg e�it5. herein, the Westwood H0A and the Affected Westwood Estates Lot Owners have consented to and cxecrited this Agreement and agree to the following: a. That the terms and conditions of this Agreement fully and completely resolve and satisfy each and every concern, of any nature whatsoever, related to the Director's Administrative Determination as it affects the Westwood 110A and the Affected Westwood Estates Lot Owners. b. For any 80' Westmont Lot that is not a lot shown outlined in yellow oil Exhibit "D ", MI shall be permitted to build either one story (1 story), one -and- one -half story (I % story) and /or two story (2 story) homes on such lots. c. That for any two story (2 story) home that MI has already constructed and that may currently exist on any lot shown outlined in yellow on Exhibit "D" or on any other 80' Westmont Lot, neither the Westwood HOA nor the Affected Westwood Estates Lot Owners have any objection to (lie same. d. That tiie individual cxccutirig this Agreement on behalf of the Westwood YIOA agrees to attend any scheduled hearing pertaining to MI's Appeal before the City of Carmel's Board of Zoning Appeals (the "BZA ") to communicate to the BZA members the Westwood HOA's consent to this Agreement. c. That agreements and obligations contained herein by MI, tiie Westwood HOA and Affected Westwood Estates Lot Owners shall only be binding upon the occurrence of either (i) the Director amending his Administrative Determination to be entirely Consistent With the terms and conditions of this Agreement and the Director's determination that MI's Appeal Goes not have to be presented to the BZA or (ii) the BZA rendering a final decision as to MI's Appeal that is entirely consistent With the ternis and conditions of this Agreement. f. That MI, the Westwood HOA and Affected Westwood Estates Lot Owners acknowledge and agree that in tiie event that either (i) (he Director does not amend his Administrative Determination to be entirely consistent With the terms and conditions of this Agreement and the Director determines that MI's Appeal has to be heard before the BZA or (ii) the BZA does not render a final decision as to MI's Appeal that is entirely consistent with the terms and conditions of this Agreement, then the terms, conditions and obligations of (his Agreement are null and void and have no force or effect. 3. That the individual executing this Agreement on behalf of MI acknowledges and represents that they have the authority to execute the Agreement oil behalf of MI. 4. That the individual executing this Agreement oil behalf of the Westwood HOA acknowledges and represents that they have the authority to execute this Agreement on behalf of the Westwood HOA. THE' RI:HA1ND R OF THIS PAGE HAS BEEN LEFT LN1 ENTIONALLY BLANK W1 HOMES O�NDIANA, L. By: Name: C 4 � `LiWc- Title: ?V—tvc� Date: 112-0 I zo 14 THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK WESTWOOD ESTA HOM O VNE °S ASSOCIATION, INC:.. By: Title:i1.P J Date: THE REr114INDER OF THIS PAGE NAS BEEN LEFT MPENTIONALLY BLAND WESTWOOD ES ATES OWNER OF LOT # 28 By:� A, . , ' Name: Nolan Barrios II & aroI A. Barrios 1983 Barrel Racer Ln Carmel, IN 46032 Date; ,� THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK WESTWOOD ESTAT S OWNER OF LOT # 29_)c.� By: j �ru I y Name: Thomas J. Peters & Marian G. Peters Trustees of Peters Family Living¢ Trust 13969 Quarter Horse Ct Carmel, In 46032 Date: go-j"111 :Z®14 THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK WESTWOOD ESTATES OWNER OF LOT # 30 By: t� Name: Deborah K. Bojrab, 13983 Quarter Horse Ct Carmel, In 46032 Date: I_ ko — f � THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK WESTWOOD ESTATES O NER OF LOT # 31 By: - L- Z)0 '-U �A�— Name: Joe Zheng, Wenwei Dong Zheng & Mitchell M Zhen 13997 Quarter Horse Ct Carmel, In 46032 Date: C"VL' 01--� / JIWA s \A) X11 w e i v� �n,�� 5 � �► 0 3wct�t cvw THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK 4iqn a "•vel" ld; 637CE128 0428 -417F- 9207- 7ESpy189FA5G 4VMWO OD FATATPS OWNER OF wir (132 �OOtYlk+r� tr By aA4iWA- (W.iSA%, hL�tn4; LIA Sri xim Wa=a nn f ft LCIP S isparm WjMQftJLMjRrA 14421 Qtmatr Home Cl Camid, In 46032 1 /Of20iG wtct Tiff AEA"IKDF -R OF rills PAug uAs fiamarT INTFNTIm LL r auw WESTWOOD ATES�WNER OF LOS' 4 33 BY: Name: Ben C. & M Size Sands Trustees of Ben C Sands & M Sue Sands_ ivin2 it ust 14035 Quarter Horse Ct Carmel, In 46032 Date: ;Z cl r� s THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK DocuSign Envelope ID: EEC620DA- 4F99- 4FAF- 8C5F- F39E82ADB84C WESTWOO1DDK§X4TJ;� nOWNER OF LOT # 34 gy[QU,, Mif 6t SO frW,,., 3171A C,- Fvs4R,i oFnl.A -ru14 688496DA470D457- Name: Vla i 'r 0. & Sophia fl yin Co Tr rites of II in Revocable Trust 14049 Quarter Horse Ct Carmel, In 46032 Date: 1/20/2016 THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK WESTW4DD ESTA �ES OWNER O� LOT N 35 Y� B i4 ( -+� Name: Steve A. and Maureen A. Snow 14063 Quarter Horse Ct Cannel, In 46032 Date: � I -z 0 ) 2, to .y THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK DocuSign Envelope ID: B3E9A343- AB63- 4379- B05F- 3BC60DADE1D1 WESTWOOD ESTATFS OWNER OF LOT # 36 cuSIgne y: Bycili- Naine: I. Sarah K. Colvin 14077 Quarter Horse Ct Carmel, In 46032 Date; 1/20/2016 THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK CITY OF 1 'CARMEL JAMFs BRAWARD, MAYOR October 6, 2015 Mr. Cliff White M/I Homes of Indiana, LP 8500 Keystone Crossing, Ste. 590 Indianapolis, IN 46240 Re: Westmont PUD Dear Mr. White: I am writing In regards to the Westmont PUD located west of Ditch Road on between Smoky Row and 141st Streets in Carmel, Indiana. The City was contacted recently by property owners who live adjacent to Westmont In the Westwood Estates subdivision, concerned about homes under construction by M/I on finnhorse Drive. The.neighbors asked that we examine the record for ordinance Z- 507.07 for commitments to build exclusively one -story homes on lots abutting Westwood Estates. Review of the file for Westmont did not reveal dwelling height commitments; however, what was found were key provisions in the PUD ordinance and Plan Commission record of decision (Docket Md. 07020014) which support the smaller homes on certain Westmont lots assertion by the Westwood Estates neighbors, as follows: The approved plan for Westmont consists of 143 lots divided Into three 'typlcal'lot types defined by width, which is easily seen on the Westmont Site Plan, found in the petitioner's packet of June 19, 2007. Building lots widths on the plan are color coded as follows: 80' width (pink, 34 lots); 100' width (green, 91 lots); 120' width (yellow, l8 lots). There are also Character Exhibits In the June 19, 2015 petitioners packet that clearly communicate the character of homes planned to be built In Westmont, based solely on lot sites In the subdivision: + Character Exhibit 8 — provides 10 images of two -story dwellings on 100 & 120' wide lots • Character Exhibit 9 -- provides 10 images of 1 story and 1.5 story dwellings on 80' wide lots And while the Character Exhibits clearly are conceptual only, It Is my opinion these images were used to communicate a firm direction planned for project bulldout, and were used to convey that Intent to Plan Commission, and City Council and interested parties of the remonstrance. URPARTAWNT OF COMMUNITY SUVIUS EXHIBIT Nt: CtViC s(IUARV., CAMIM. IN -1602 I'IIONR 417.571.2417, FAx 317.571.2426 MIC1IAFF. 1'. 1i101.1.9BAUr,n, DIRECTOR Mr. Cliff White October 6, 2015 M/I Homes of Indiana, LP Re: Westmont PUD page 2 The Westmont PUD Ordinance adopted by the Carmel City Council establishes the Westmont District as governed by the Westmont Ordinance, and its exhibits (and the Carmel Zoning Ordinance). It is my belief the PUD and exhibits contemplated the dwelling height limits based on lot size, that the request by adjacent property owners to limit dwelling heights based on lot with Is a reasonable expectation based on the public record and record of decision, and It Is the City's responsibility to enforce this aspect of the PUD. It is my duty to Inform you of these relevant provisions, and the Intent of the City of Carmel Department of Community Services to require adherence to building height limits based on lot width, as outlined above. Based on the above, It Is hereby determined that, from this point forward, any Improvement Location Permits for new dwellings on 80' wide lots in Westmont Sections 2A and 2B will be Issued for 1 -story or 1.5 story buildings only, consistent with the Exhibit 9, enclosed herein. This letter shall constitute an official Director's Determination per Chapter 29,0 of the Carmel Zoning Ordinance. It has been mailed to you and all Impacted, adjoining property owners consistent with the Rules of Procedure of Carmel's Board of Zoning Appeals (BZA) and the Carmel Zoning Ordinance. If you or any interested party disagrees with this Determination, a formal appeal to the BZA may be filed pursuant to Chapter 30.0 of the Carmel Zoning Ordinance. Any appeal to the BZA must be filed within thirty (30) days of issuance of this letter or the Determination will be final, Very truly yours, Micha I P. Halls gh Copy: Douglas Haney, Carmel City Attorney Adjacent property owners (in file) Enc. Exhibits 8 & 9 Westmont Site Plan ' � u / ^ . ' � Vrejwfmont- SITE PLAN LIZ rij rij ROM 4 W. MR 1 -. NO 14O i i •'�'lsF fi. 4 I _ �" If r ! t I 1 y�u Eu ?'Wxt4xt rR �i.r 1 - �" NO 14O i i •'�'lsF fi. 4 I _ �" If r ! t I 1 y�u Eu ?'Wxt4xt OTIL .11 - - snax d OTIL .11 - - snax Westmont SO' Lots Site Location Map EXHIBIT DocuSign Envelope ID: B3E9A343 -AB63- 4379- BO5E- 3BC60 DADEID1 Westmont -- Westmont Manor MI Homes Not to scale O*tart to &, #h LANDSC PIN© 8375 South 500 East ++Vhttsuowo, IN 46075 k%NJ' mn "WA MS S rat ov4rWwA NR WMgyNIR,hM� �o wno ve- I d cwt, .. and. panT 3 Ut NAoywc,, { � 13 Ua y�loYCt,ct a<6 3 �ckxj- Exh i bii C - s Westmont - Westmont Manor MI Homes Not to scale V Remove Ash tree & replace with 6' Blue Spruce Remove -49r Z , ' uous trees & replac th 6' 4�Blu e Remove Ash tree +- — Remove Hawthorns & replace with 6' Blue Spruce Remove 3 deciduous ~- trees & replace with 2. 6' Blue Spruce Remove & replace dead evergreens with 2 - G' Blue Spruce. Remove any existing Ash trees "I J'\®fW" � I *All items not labeled are existing Mina' !n rrrrs/r LANDSCAPING 9375 800111 $00 ®PSt wnitestown, IN 44075 a.ainrN. At >111 }tla ax rr.Way�ar.0 .,o- vw.rv�rww ueu, CX V)'b } (� - J Westmont - Westmont Manor MY Homes �[F Not to scale RC�� , wp, 1\Reorn treee witce 58 -AF 9 Remove any Ash trees & install 4 additional 6' Spruce s Remove Ash trees & replace with 2 - 6' Blue Spruce .ft Remove Ash tree �- Plant additional 6' Blue Spruce centered on gable Remove Setviceberry r & replace with 6' Blue Spuce *All items not labeled are existing 57 56 55 0 . & L-3 Required 1 or 1 % story Westmont Homes Site Location Map EXHIBIT