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Home My WebLink AboutDepartment Notes & Support Info TC. ) 1( // S )Q6C65 2714 E 136th St. PUD Rezone • Petitioner has made several changes from the first version of the PUD including but not limited to: o An increased buffer along the perimeter of the site from 20 feet to 40 feet. o Reduced the overall number of units. o Provided connections to all of the stub streets besides 1. o Removed Condo buildings east of the main entry road o Required a roundabout at the entrance off of 136th St. o Agreed to connect the path along Keystone further north to connect to the Hagan Burke Trail. • The proposed single-family homes and townhomes/condos are considered a best fit and a conditional fit respectfully, next to the existing single-family homes. • Conditional fits land uses are appropriate when the more intense development is installed with sensitivity to the adjacent land uses. This is being accomplished by locating the single-family homes to the north adjacent to existing single-family with the townhomes/condos proposed in the southern half, adjacent to Keystone and with large bufferyards and open space adjacent to the single-family homes to the east. • Remaining Comments from DOCS o Please straighten the path out to provide a more direct connection to 136th St. so the trail can function more as a bike route along Keystone and not just a recreational trail. o The Department would like to see the architectural standards become an exhibit in the PUD instead of a commitment. o The PRIF should be used first and foremost for the path construction to the Hagan Burke Trail. Will the Historic Home be available for general use by the public?Will Indiana Landmarks be contributing to the restoration? • Extra questions that might come up o BPW can approve PRIF usage o Addressed comments from Committee Ny1N(a 0 jeeemf vaegto N(a or4 - NF 5 -To • i D Coq ?REM 1 JS `-)0 Soo 1\ PATH AGREEMENT This Path Agreement ("Agreement")is made and entered into by the parties hereto which are Beazer Homes Indiana LLP, an Indiana limited liability partnership ("Beazer") and the City of Cannel ("City") and the parties to this Agreement are sometimes herein collectively referred to as the"Parties". WHEREAS, Beazer is the contract purchaser of a property containing approximately 59.44± acres, which is more fully identified by the Auditor of Hamilton County, Indiana as tax parcel identification parcel numbers 17-10-19-00-00-004.002; 17-10-19-00-00-004.000; and, 17- 10-19-00-00-025.000 and is legally described in what is attached hereto and incorporated herein by reference as Exhibit"A"(collectively, the"Property"); WHEREAS, Beazer has proposed to develop the Property as a single-family dwelling residential community pursuant to the Reserve at Cool Creek Planned Unit Development District, Ordinance Number Z-627-17, and the site plan for the "Reserve at Cool Creek" is attached hereto and referred to herein as Exhibit"B"("Community");and WHEREAS, the City has requested that Beazer construct an offsite, ten foot (10') wide asphalt path that will extend approximately 1,700 to 1,800 feet(the"Path"); and WHEREAS, Beazer has agreed to install the Path in accordance with the terms of this Agreement; and NOW THEREFORE, in light of the recitals set forth above, and for and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Construction of the Path. Beazer shall construct an asphalt Path which shall be ten foot(10') wide approximately 1,700 to 1,800 feet in length that will extend from the northern boundary of the Property to an existing trail network, subject to the terms and conditions of this Agreement. The location of the proposed Path is depicted on the exhibit which is attached hereto and referred to herein as Exhibit "C" ("Path Plan"). Beazer agrees to install the Path in consideration for the promises and releases set forth in this Agreement and subject to the following. a. Beazer shall have received all necessary permits and approvals required to construct the Community as substantially shown on Exhibit "B". Beazer shall have closed on its purchase of the Property prior to incurring any obligation to construct the Path. In the event Beazer fails to close on the Property or obtain its necessary permits and approvals to construct the Community, this Agreement shall be null and void and neither party shall have any further obligation to the other. b. Pursuant to Chapter 29.07 of the City of Cannel's Zoning Ordinance, the Parks and Recreation Impact Fee Ordinance ("Park Impact Fee"), Beazer shall receive a Park Impact Fee credit for the total costs incurred by Beazer in construction of the Path, as such total costs are described herein. d. The Park Impact Fee credit shall be applied to the total number of homes constructed in the Community, as evidenced by the issuance of Improvement Location Permits. e. Beazer shall finalize the proposed design and location of the Path within Twelve (12) months of the Effective Date of this Agreement and the City shall approve of the proposed design and location of the Path. The City shall assist Beazer in obtaining all easements, site acquisitions, permits or approvals that may be required to install the Path. Beazer shall make reasonable efforts to obtain all requisite easements, site -2- r . acquisitions, permits or approvals that may be required for installation of the Path; however, in the event all requisite easements, site acquisitions, permits or approvals that may be required cannot be obtained then this Agreement shall be null and void and neither party shall have any further obligation to the other. f. Once all necessary easements, site acquisitions, permits or approvals that may be required to install the Path are obtained, Beazer agrees to obtain construction plans for the design and location of the Path as selected by the City. Once the construction plans have been finalized and agreed upon by the City and Beazer, Beazer shall obtain bids for the construction of the Path, which bids shall include a ten percent (10%) contingency. The City shall approve the final construction costs for the Path. If the City is dissatisfied with the amount of the final construction costs for the Path, the City may elect not to require the installation of the Path. g. Once the City has approved the cost and design of the Path, the parties shall enter into a Parks and Recreation Impact Fee Credit Agreement pursuant to Chapter 29.07.05 of the City of Cannel's Zoning Ordinance. Beazer agrees to complete construction of the Path within two (2) years from the issuance of a Certificate of Occupancy of the first Dwelling constructed on the Property. Following completion of construction of the Path, City agrees that Beazer will have no maintenance obligation for the Path or any liability for any defects in construction not caused by Beazer's willful acts. h. Beazer shall receive a credit against its Park Impact Fees for the total costs incurred in constructing the Path. -3- A i CAA einin i. Law and Forum. This Agreement will be construed and enforced in accordance with the laws of the State of Indiana without regard to conflicts-of-laws principles that would require the application of any other law. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement will be brought against the Parties in the State or Federal courts in the State of Indiana, and if in State court in Hamilton County, and each of the Parties consents to the jurisdiction of such courts(and of the appropriate appellate courts) in any such action or proceeding and waives any objections to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world. 3. Modification. This Agreement shall not be modified or amended except by the mutual written consent of the Parties. 4. Entire Agreement. This Agreement embodies the entire agreement and undertaking of the Parties with respect to the subject matter hereof and therefore supersedes all prior discussions, negotiations, and agreements between the Parties. There are no representations, warranties,covenants, or agreements between the Parties concerning the subject matter of this Agreement except as expressly provided in this Agreement, and any and all prior agreements or understandings within the subject matter of this Agreement are,upon the Effective Date of this Agreement, superseded, null, and void. 5. Headings. Paragraph headings herein are for convenience only and will not affect the interpretation of any provision. 6. Multiple Originals. The Agreement may be executed by the parties in multiple original counterparts, which together shall constitute the entire Agreement. -4- 7. Authorization. Each undersigned representative of a party certifies that she or he is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind such party to this Agreement. 8. Arms' Length Negotiation. This Agreement is the product of arms' length negotiations between the Parties and their respective counsel and none of the Parties shall be deemed to be the drafter of this Agreement or of any provision of this Agreement; nor shall any part of this Agreement be construed against any of the Parties on the basis of that party's identity as a drafter of all or a portion of this Agreement. 9. Board of Public Works and Safety Approval. This Agreement shall be presented to and approved by the City of Cannel Board of Public Works and Safety for it to be binding on all Parties hereto. 10. Further Actions. Each of the Parties hereto covenants and agrees, at its own expense, to take such further action as necessary as the other Party may reasonably request in order to more effectively consummate the actions contemplated by this Agreement. 11. Effective Date. The Effective Date of this Agreement shall be the date that this Agreement is approved by the City of Cannel Board of Public Works and Safety. [Signature page follows] -5- Exhibit "C" (Path Plan) . •-,e, , - -,. .a.r..J`•fd '*IV 4 4, 7", t .;..- " , . fes. rFd I , 444.11.40111P ' .' A j 7'i fc Sk,.x I. •' . . 141. .-' •, ,< °. „3, ` i � k � i . ..* .,• , ,: .. ' ::, ', At , R} , ..... . ..,..,Q + • . 131 •F' , ' ‘.(,' ;67_if' • i;« $10,-- 4 '( 41. f r 14(r- `' Y' 1' r', •,'9;44h,±04'44. ,'9; L /tr.' 1 d r'r, L. 1 g �31Z' yb `I. RIS• ; 0-Ci u 1•+ i •iii,/�.��,:".'✓,(r,,,erj. , ..,n ° * at h, lir " ''' 4kil .- ' ir I_1. a 'e \ 'i '.1. '* - -..:H1' ,, .7ii PIO. : *:,.., ''.r;yet :•-•".t_i E1 --.1iir J` • pyre � ` .W *. i ..,0 ij �