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HomeMy WebLinkAboutLetter of GrantCity of Carmel Department of Community Services Division of Planning & Zoning LETTER of GRANT August 21, 2019 Jon Dobosiewicz Nelson & Frankenberger, LLC 550 Congressional Blvd., Suite 210 Carmel, IN 46032 RE: Troy Estates Subdivision: Docket Nos. 19050021 PP, 19050022 V, 19070005-6 V Dear Mr. Dobosiewicz: The Carmel Plan Commission took the following action at its meeting on August 20, 2019 regarding an application seeking primary plat and variances for a new subdivision consisting of 39 lots on 23.3 acres. The site is located at 4100 141st Street. The site is currently zoned S-1/Residential with a proposed change to S-2/Residential. APPROVED with Conditions: Troy Estates Subdivision: Docket Nos. 19050021 PP, 19050022 V, 19070005 V, 19070006 V Conditions:  Approval by the City Council of the Rezone from S-1 to S-2  Final landscape plan approval by Carmel Urban Forester  Commitments to be recorded and filed with the Carmel Department of Community Services (see attached unsigned commitments) In order to assist the Department’s review, please attach a copy of this letter when submitting application for any permits regarding the improvements contained within this approval. Do not hesitate to contact me if I can be of further assistance. Sincerely, Alexia K. Lopez Planning Administrator Department of Community Services 317.571.2417 | alopez@carmel.in.gov cc: Daren Mindham - Urban Forester Jim Blanchard - Building Commissioner Jim Shinaver - Nelson & Frankenberger, LLC File COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Deed Cross Reference: Instrument No. 2017-04168 recorded on January 27, 2017 and Instrument No. 2004-6649 recorded on January 30, 2004, in the Office of the Recorder of Hamilton County, Indiana Lennar Homes of Indiana, Inc. ("Lennar") is the contract purchaser of parcels of real estate identified by Hamilton County, Indiana Auditor's Office as Tax Parcel Identification Numbers 17-09-19-00-00-011.000; 17-09-19-00-00-047.000; and, 17-09-19-00-00-047.002, which parcels of real estate are legally described in what is attached hereto and incorporated herein by reference Exhibit A (the "Real Estate"). The Real Estate is the subject of a zoning application before the City of Carmel's Plan Commission and Common Council seeking rezone approval pertaining to the development of a residential subdivision to be known as "Troy Estates", which zoning application is identified as Docket Number 19050020 Z, (the "Zoning Application"). These commitments are made to the City of Carmel's Plan Commission ("Plan Commission") and Lennar acknowledges that it has the consent of the owners of the Real Estate to make the following commitments (the"Commitments") related to the development of the Real Estate. Section 1. Cross Reference. These Commitments pertain to the Real Estate and are made in connection with the Zoning Application for the development of a residential community. Section 2. Commitments. Lennar, and its successors, assigns, grantees and successors in title to the Real Estate,makes the following commitments concerning the Real Estate: A. Architectural Commitments: Attached hereto and incorporated herein by reference as Exhibit B are architectural commitments that shall govern the construction of single- family detached homes on the Real Estate. B. Lot Landscaping Commitments: 1. All homes shall have a minimum of fifteen (15) shrubs and two (2) trees in the front yard. 2. Each home on a corner lot where the driveway does not face the side street shall provide an additional fifteen (15) shrubs and one (1)tree in the side street front yard. Page 1 of 3 3. Each Home on Lots #1, #8, #9, #24, #29 and #39, where the driveway does not face the adjacent common area, shall provide an additional fifteen (15) shrubs in the side yard along the adjacent common area. C. Amenity Commitments: A playground in substantial compliance with the style and quantity of equipment illustrated on Exhibit D shall be provided as generally located on the Primary Plat. Section 3. Effective Date. The Commitments contained herein shall be effective upon the occurrence of all of the following events: A. Acquisition of the Real Estate by Lennar; B. Approval by the Common Council of the Zoning Application; and, C. Recording of a Secondary Plat for the Real Estate and commencement of the construction of single-family dwellings on the Real Estate pursuant to the Zoning Application, as evidenced by the issuance of an Improvement Location Permit. Section 4. Binding on Successors and Modifications. These Commitments may be assigned by Lennar and these Commitments shall be binding upon each successor, assignee and grantee acquiring an interest in the Real Estate during such successor's, assign's and grantee's ownership. These Commitments shall remain binding unless hereafter modified or terminated by the Plan Commission after a public hearing wherein notice is provided by the Plan Commission's Rules of Procedure. The provisions of this Section 4 notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate hereafter reclassified (rezoned) on the City's Official Zone Map via rezone approval. Section 5. Recording. The undersigned shall record these Commitments with the Recorder of Hamilton County, Indiana and upon recording shall provide the Director of Community Services for the City of Carmel a recorded and file stamped copy of the same. Section 6. Enforcement. These Commitments may be enforced by the Plan Commission and shall only be modified by the Plan Commission pursuant to the Plan Commission's Rules of Procedure. IN WITNESS WHEREOF, the Owners of the Real Estate have caused these Commitments to be executed as of the date written below. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Page 2 of 3 Lennar Homes of Indiana, Inc. By: Printed Name: Title: Date: STATE OF INDIANA ) ) SS.: COUNTY OF ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared (name) as (title) of Lennar Homes of Indiana, Inc.,and acknowledged the execution of the foregoing Commitments this day of , 2019. Witness my hand and Notarial Seal this day of , 2019. My Commission Expires: Notary Public Residing in County Printed Name Prepared By: James E. Shinaver and Jon Dobosiewicz, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210, Carmel, IN 46032 (317) 844-0106. Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law— James E. Shinaver. Page 3 of 3 EXHIBIT "A" LEGAL DESCRIPTION OF REAL ESTATE A part of the North Half of Section 19, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Beginning at the Southwest corner of the Northeast Quarter; thence North 89 degrees 45 minutes 39 seconds East along the south line thereof 236.04 feet; thence North 00 degrees 02 minutes 44 seconds West 653.58 feet; thence South 89 degrees 45 minutes 56 seconds West 234.65 feet; thence North 00 degrees 14 minutes 32 seconds East 653.67 feet; thence South 89 degrees 49 minutes 57 seconds West 656.39 feet; thence South 00 degrees 06 minutes 11 seconds West 1308.08 feet to a point on said South line of the North Half; thence North 89 degrees 45 minutes 39 seconds East along said South line 655.11 feet to the place of beginning, containing 23.0 acres,more or less. This description is for zoning purposes only and is subject to change upon the completion of an accurate boundary survey. EXHIBIT "B" ARCHITECTURAL COMMITMENTS The architectural standards set forth below shall apply to all lots and all dwellings constructed on the Real Estate. Section 1. Dwelling Design: A. Permitted Building Materials: Masonry, Wood, Cementitious Board shall be permitted siding materials. EIFS,Vinyl and aluminum siding shall be prohibited. 1. Fifty percent (50%) of all homes shall have masonry on the first floor of the front façade with all other homes having masonry to the window sill of lowest window. 2. A minimum of a masonry base wainscot shall be provided on the side and rear elevations of all homes. The minimum height of the masonry base wainscot shall follow the window sill of the lowest window on the front façade of the home. 3. Any exterior chimney,where provided, shall have full height masonry. B. Required Window Openings: l. Minimum Number: a. A minimum of two (2) windows per façade shall be provided for all ranch homes and three (3)windows per façade for a two-story home based on the plans on file with the Department of Community Services. If there is an elevation on file which does not include three (3) windows on the side elevation of a two-story home then three (3) will not be required on the subject side elevation. b. In order to meet this requirement, each individual window, or set of contiguous windows, must be a minimum of eight (8) square feet. A door on the side of a Dwelling may substitute for one (1) window on the same side of the Dwelling. 2. Windows shall be wood, vinyl-clad, vinyl, aluminum-clad wood, or painted metal. 3. All windows not surrounded by masonry shall be trimmed (1" by 4" nominal board). C. Garage Type: 1. Dwellings shall have side-load or courtyard style garage entrances unless a side- load or courtyard cannot be placed due to the configuration of the lot or easement Exhibit"B"—Page 1 of 3 restrictions on the lot. No more than five (5) homes shall be permitted with a front load garage. 2. All garages shall be attached to the Dwelling. 3. Garage doors shall have raised panels or other decorative panels (e.g., window panels, carriage style panels, and decorative hardware). 4. All dwellings shall have a minimum of a two car garage. D. Porches and Entryways: 1. Covered porches and/or entryways shall be required on all Dwellings and shall be a minimum of thirty(30) square feet. E. Roofline: 1. Primary Roof shall have a minimum roof slope of 6 (vertical units); 12 (horizontal units). Secondary roofs (e.g. porches, bays, garages, dormers) may have a lower pitch. 2. The Primary Roof shall have at least an eleven inch (11") overhang after installation of siding or an eight inch (8") overhang after installation of brick or stone masonry. This measurement shall not include gutters. 3. All Dwellings' roofs shall include architectural-grade dimensional shingles. Three-tab shingles are not permitted. 4. If dormers are used, at least one (1) window or decorative louver per dormer is required. F. Fences: Fences are permitted on individual Lots and shall not be chain-link, coated chain-link or wood. G. Architectural Character Imagery: Character illustrations, indicating conceptually the intended architecture and appearance of Dwellings are contained within Exhibit C (Architectural Character Imagery) of the Commitments. Final Dwelling plans shall be reviewed for compliance with the Architectural Commitments at the time of building permit review. Section 2. Monotony Mitigation: The Architectural Diversity provisions of the UDO shall apply with the following additional requirements: A. Exterior Siding Color: No two side by side homes on contiguous lots or the lot across the street from the subject lot shall have the same exterior color on the primary structure of the home. Exhibit"B"—Page 2 of 3 B. Exterior Masonry Color: No two side by side homes on contiguous lots or the lot across the street from the subject lot shall have the same masonry color. Section 3. Lot Lighting: All Dwellings shall have light fixtures flanking the garage door and equipped with a photo cell so the light is on from dusk to dawn. Section 4. Parking: Two (2) spaces per Dwelling unit are required. Parking Spaces (i) within driveways and (ii) within garages shall count toward this requirement. Driveways shall be a minimum of twenty-five (25) feet in length as measured from the street right of way and vehicles shall not be parked in a location that encroaches onto the sidewalk. Driveways shall be concrete, stamped concrete, brick, porous concrete, or stone or pervious pavers. Asphalt driveways shall not be permitted. The remainder of this page is left blank intentionally. Exhibit`B"—Page 3 of 3 EXHIBIT "C" ARCHITECTURAL CHARACTER EXHIBITS IMP A v-,..\:...\\ .. -I Ell VIui . -J II Ii _ Elevation E inipme4 lull-1ml _,,, �_LI, 4 .IJ fJ - i .. I J .1 9 NI__ Elevation C Elevation D o4 Ile'\I-1V AL . ri-J I ED L-II 41114k .1. k 1 ullanni Elevation A Elevation B Exhibit"C"— Page 1 of 11 EXHIBIT "C" ARCHITECTURAL CHARACTER EXHIBITS AL 1111111111.1111111111111111111111111 Two . ...0 04........2 s i r AS . '1 0 �' rt -,. i Pi Elevation C j 'i ;-• r 1 0 Li Li , _ 1 .44,!' Elevation A Elevation B Exhibit"C"-Page 2 of 1 1 EXHIBIT "C" ARCHITECTURAL CHARACTER EXHIBITS 11 Aar A Al Ira 1T r .r - r . li -..-4,,,,-- , --... - i . . , _ . ,,,, 41 -... - - L-- rz-, - (4, . . Elevation l . 1 I i . PPII"‘ _L_Airivea,. • — , juin Lii-___cr 1.111114 L1E ., tlevation A Elevation B Exhibit"C"—Page 3 of 11 EXHIBIT "C" ARCHITECTURAL CHARACTER EXHIBITS e . 1 mi , I � .,Yr AA" } 1 ,,,„„ . --,.....,.. , , ,* As . • .--Ndl - t-, ,-- �IAi Exhibit"C'. —Page 4 of 11 EXHIBIT "C" ARCHITECTURAL CHARACTER EXHIBITS ‘I_i mi I.._ , t ` .a i • 6 t . a Elevation C illi"Illrir.IIII 4.,‘ pi a init----- i., i 11,_ amilleAL Elevation A Elevation B Exhibit"C"—Page 5 of 11 EXHIBIT "C" ARCHITECTURAL CHARACTER EXHIBITS .,. ;,.... 4 V' I " A 1 1 ill . ,me:1 . �f V. . • -. �-* Al, 7 OJT '9 J ,L4.41, Elevation C It try � _,� L. tiii - illinf -11 I III . . it , 4 Elevation A Exhibit "C"—Page 6 of 11 EXHIBIT "C" ARCHITECTURAL CHARACTER EXHIBITS \Z\,.. � ,\..., 1 ,.............._ at gi 11......, IN viti Mill : , 'r la 77,,,,%., ,54,,,,,,., A rl ' , Y 1 ` I'V11H' f i -. • Elevation C Illi. Iti I, Ott!' rie: - i At ... „. ,.... ,,,,._:, -:, A 1 I • 11111 Elevation A Elevation B Exhibit "C"— Page 7 of 11 EXHIBIT "C" ARCHITECTURAL CHARACTER EXHIBITS illiik, . ®' IllridaillIllarf'' 46'' .,,,"° ' . Elevation C U ' LJ L. i1. n r 1.4 -, , " - ► r Elevation A Elevation B Exhibit"C"—Page 8 of 11 EXHIBIT "C" ARCHITECTURAL CHARACTER EXHIBITS iir IMIONVir .7 JI ■Oi tita Elevation E • � i ,��� /......\ Elevation C Elevation D 4s WI J ID 11 >J 0 I 71-11-11-1 i' Elevation A Elevation B Exhibit '`C"—Page 9 of 11 EXHIBIT"C" ARCHITECTURAL CHARACTER EXHIBITS d' • _ „„ _.\\._.."..)______11, . 5,_, I sh .._vi I, A. _ l---, —i _ -41 I 1 1 ...s . --d. d ; ..:air: ' '. ::; . .,,: miiiiiiiii Elevation E ©\ U _,_, -i -1J 1_. __ I I_l11 JJJ Elevation C Elevation D ^^ D I : Lill- ,g.4,. Jai _JJ ' WILL mRI yr;111"--M-AA: Elevation A Elevation B Exhibit"C"—Page 10 of 11 EXHIBIT "C" ARCHITECTURAL CHARACTER EXHIBITS Ai d v.....4.,--=t-- II lt:' . II __I_I 11 Elevation E rillilr' lt---- �I I � �� �1® CI U I u , � Elevation C Elevation D 8 � -I ©©1ee1\ t :g =t Ull w'rt I Me I I g Elevation A Elevation B Exhibit"C"—Page 11 of 11 EXHIBIT "D" Playground Example Troy Estates Playground Example i . ft Vic. i .I-' : 4 ,1 i'�a 'Nub: ,, -.\- s`. If r,. ,, _ tt. t 1 Exhibit"D"— Page 1 of 1