HomeMy WebLinkAboutPacket for HO 01-27-20 IceF\'l i l ler
LEGAL COUNSEL One American Square Suite 29001 Indianapolis, IN 46282-0200
January 17, 2020 j " g aRITER'SDIRECTDIRE NUMBER:CTFn�t
(317�2365925
U :(317)592-5491
Iy EMAIL:DEVIN.BROWN@ICEMILLER.COM
�J1l JAN j 2e20 L
y
Via Hand Delivery
Carmel Board of Zoning Appeals
Attn: Joe Shestak
City Hall, One Civic Square
Cannel, IN 46032
RE: Development Standards Variance Request No. 19120011
Dear Cannel Board of Zoning Appeals,
On behalf of Pulte Homes of Indiana, LLC, Ice Miller has applied for a development standards
variance requesting a change to the Planned Unit Development Ordinance for Copperleaf
Subdivision. Information Packets have been compiled at your request. Please find included in
these packets the following:
1) Statement of Variance Request
2) Statement of Support
3) Location Map
4) Site Plans
5) Possible Home Plans and Elevations
6) Ballot Sheet
7) Findings of Fact Sheet
8) Architectural Standards for Copperleaf Subdivision
9) Anti-Monotony Code for Copperleaf Subdivision
10)Plan showing lots with home under construction with explanation.
We look forward to discussing this further at our January 27th hearing.
Very truly yours,
44/4 0-etttA
Devin Brown
Ice Miller LLP ( icemillercom
Statement of Variance Request
The applicant seeks a development standards variance to increase the maximum number
of homes that can have less than 50% masonry on the front façade from five (5) to ten (10) as
required in Section 12(c) of Exhibit C to the Planned Unit Development Ordinance for
Copperleaf Subdivision.
Statement of Support
Customer demand for homes with historic architecture, particularly Craftsman-style homes that
do not lend themselves to significant masonry, is high. To meet this demand, applicant desires to
increase the number of homes that can have less than 50%masonry on the front façade from 5
homes to 10 homes.To ensure the quality and aesthetics are maintained, applicant proposes to
execute and record the proposed commitments included in this information packet.
STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE PRIMARY APPROVAL OF A
DEVELOPMENT STANDARDS VARIANCE
In accordance with IC 36-7-4-1015,the owner of the real estate located in Hamilton County,
Indiana, which is described below, makes the following COMMITMENTS concerning the use and
development of that parcel of real estate:
Legal Description: See attached Exhibit "A"
Statement of COMMITMENTS:
1. No home built in the Copperleaf Subdivision will have zero brick on the front facade.
2. All homes, regardless of architectural style, shall comply with §12(B) of Exhibit C to the Planned
Unit Development Ordinance for the Copperleaf Subdivision. In addition, the side or back of any
garage located in front of the portion of the façade that includes the front door shall have a masonry
wainscot.
3. Attached hereto as Exhibit"B"are all possible elevations that can be built on the Real Estate
(collectively, the"Elevations"). Homes built may utilize different colors and different masonry
matrials,but the amount of masonry shown shall not be less than that provided on each Elevation.
No new elevations shall be added until approved by the Director of the Department of Community
Services as being consistent with the intent of the Copperleaf PUD._ _.._.._.........__....._...-
4. .___---
5. -_........_.-_..........._........._._..._..._........_..-............._-_..............-._... ._.._...._._.._.............._._.......... _.........._....-__._._..._..._......._......_.._.. ...._..._.__..._._..._............._-....._._.... _.....__.._......__.. _
These COMMITMENTS shall be binding on the owner, subsequent owners of the real estate and
other persons acquiring an interest therein. These COMMITMENTS may be modified or
terminated by a decision of the Carmel Hearing Officer or Carmel Board of Zoning Appeals
made at a public hearing after proper notice has been given.
COMMITMENTS contained in this instrument shall be effective upon:
(a) The final approval, and recording in the office of the Recorder of Hamilton County,
Indiana, of the plat approved by the Hearing Officer of the Carmel Board of Zoning
Appeals under petition#
and shall continue in effect for as long as may be specified herein.
These COMMITMENTS may be enforced jointly or severally by:
1. The Carmel Board of Zoning Appeals,the Carmel Department of Community Services or
any other applicable Department or agency of the City of Carmel, Indiana; or
2. Owners of all parcels of ground adjoining the real estate to a depth of two (2) ownerships,
but not exceeding six-hundred-sixty (660) feet from the perimeter of the real estate, and
all owners of real estate within the area included in the petition who were not petitioners
for the plat or vacation approval. Notwithstanding adjacent property owners, Owners of
real estate entirely located outside Hamilton County are not included, however. The
identity of owners shall be determined from the records in the offices of the various
Township Assessors of Hamilton County which list the current owners of record. (This
paragraph defines the category of persons entitled to receive personal notice of the plat or
vacation approval under the rules in force at the time the commitment was made).
The undersigned hereby authorizes the Hearing Officer of the Carmel Board of Zoning Appeals
to record this Commitment in the office of the Recorder of Hamilton County, Indiana, upon final
approval of the development standards variance petition# • Petitioner will provide
a recorded copy of the Commitments to DOCS within 30 days of the BZA Variance Approval.
IN WITNESS WHEREOF, owner has executed this instrument this day of
December, 2019.
PULTE HOMES OF INDIANA, LLC, an Indiana
limited liability company
By:
Name:
Title:
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared
, the of Pulte Homes of Indiana, LLC, the owner
of the real estate who acknowledged the execution of the foregoing instrument and who,
having been duly sworn, stated that any representations therein contained are true.
Witness my hand and Notarial Seal this
day of December , 20 19
Notary Public
Printed Name of Notary Public
My Commission expires:
My County of residence:
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.—Devin D. Brown, Esq.
This instrument was prepared by Devin D. Brown, Attorney at Law, Ice Miller LLP, One
American Square, Suite 2900, Indianapolis, Indiana 46282; Telephone: (317)236-5925.
Exhibit A
Legal Description
Part of the Southwest Quarter of Section 30,Township 18 North, Range 3 East of the Second
Principal Meridian, Clay Township, Hamilton County, Indiana,more particularly described as
follows:
Commencing at the northwest corner of said Southwest Quarter; thence South 00 degrees 08
minutes 31 seconds West(basis of bearings is grid North per Indiana State Plane Coordinate
System—East Zone,NAD83(2011)EPOCH 201 0.0000) along the west line of said Southwest
Quarter a distance of 20.00 feet to the south right-of-way of W. 131 st Street as described in
Instrument Number 200200039095 in the Office of the Recorder of Hamilton County, Indiana,
and the POINT OF BEGINNING; thence along said south right-of-way the following three (3)
courses: (1)thence South 89 degrees 30 minutes 59 seconds East parallel with the north line of
said Southwest Quarter a distance of 300.00 feet; (2)thence North 86 degrees 19 minutes 26
seconds East 165.44 feet; (3)thence South 89 degrees 30 minutes 59 seconds East 352.86 feet;
thence South 00 degrees 33 minutes 29 seconds East 336.56 feet; thence continuing South 00
degrees 33 minutes 29 seconds East 849.30 feet to the north line of a tract described in
Instrument Number 2012081882 in said Recorder's Office;thence South 89 degrees 59 minutes
05 seconds West along the north line of said tract a distance of 832.41 feet to the west line of
said Southwest Quarter; thence North 00 degrees 08 minutes 31 seconds East along said west
line a distance of 850.86 feet; thence continuing North 00 degrees 08 minutes 31 seconds East
along said west line a distance of 330.07 feet to the POINT OF BEGINNING, containing
22.425 acres,more or less.
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BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No.: 19120011 V
Pulte Homes of Indiana, LLC,an Indiana limited liability company
Petitioner:
1.
2.
3.
DATED THIS DAY OF , 20
Board Member
Page 10 of 12 Filename:development standards variance application&instructions 2019 Revised 01/10/19
FINDINGS OF FACT SHEET- DEVELOPMENT STANDARDS VARIANCE
CARMEL ADVISORY BOARD OF ZONING APPEALS
(Petitioner fills out 1-3 and first 2 blanks)
Docket No.: 19120011 V
Pulte Homes of Indiana, LLC, an Indiana limited liability company
Petitioner:
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
Deviation from the use of masonry material will not result in homes that are
less safe or desirable. Additionally, the price point for homes in the area will not
be materially impacted and the aesthetics of the subdivision will be maintained.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
The approved architectural elevation of homes with less than 50%
masonry on the front facade is aesthetically pleasing and consistent
with historical architectural designs.
3. The strict application of the terms of the Unified Development Ordinance to the property will result in
practical difficulties in the use of the property because:
Buyers demand the option to have less masonry to make their home consistent with
historic architectural types. If they do not have the option to build a home with less masonry,
the applicant will have issues finding buyers interested in building homes in the subdivision.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket
No. is granted, subject to any conditions stated in the minutes of this Board,
which are incorporated herein by reference and made a part hereof.
Adopted this day of , 20
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of approval of the Board, if any, are listed on the Letter of Grant.
Page 11 of 12 Filename:development standards variance application&instructions 2019 Revised 01/10/19
Exhibit C
ARCHITECTURAL STANDARDS
1) Lot Width:
Minimum of 80 ft. at front building line; provided, however that Lots located
along a curve where a Building Line is not a straight line may be 40 ft. in
width
2) Minimum Square Footage:
One-story home: 2,400 SF, Two-story home: 2,700 SF
3) Setbacks:
Front Yard: 25 ft. minimum
Side Yard: 4 ft. minimum
Side Yard Aggregate: 19 ft. minimum
Rear Yard Setback: 25 ft. minimum
4) Minimum Roof Pitch:
Front to back: 6/12
Front gables: 8/12
Note: Ancillary roofs such as porches, bays or walkways may be less than
the minimum requirement. Homes with a historical architectural style' that
lends itself to a lower roof pitch shall be permitted.
5) Roofs and Roof Overhangs:
All shingles shall be 30 year dimensional shingles or better
Minimum framed front, side and rear overhang: 12 inches
Note: Where masonry meets any overhang, the overhang shall measure a
minimum of eight (8) inches.
6) Roof Ridgeline:
A. Homes shall have a minimum of three(3)ridgelines, unless fewer is
consistent with a historical style'of the home, in which case a minimum of
two(2)ridgelines are required. Only two(2)ridgelines are required if the
front and two sides of the first floor are masonry wrapped.
B. Ridgelines shall only be considered if they are horizontal ridges which
form the peak of a pitched area that are a minimum of four feet (4') in
length. Covered and enclosed porches shall count as a ridgeline.
C-1
7) Corner Breaks:
Each home shall have a minimum of three (3) corner breaks on the front
facade and two (2)corner breaks on the rear facade. The exterior corners of a
covered porch, the outermost corners of the home,and a projection with a
height of no less than six (6) feet shall count toward this requirement.
8) Equipment Vents:
All vents shall attach to the rear or side of the home to reduce visibility from
the street.
9) Foundations:
A. All homes shall have a full basement. Portions of home not over
basement, such as the garage, shall be on slab.
B. Crawl spaces shall be prohibited.
10) Windows:
A. Window type shall be vinyl, vinyl clad, aluminum clad or wood.
B. Each front facade shall include a minimum of three(3)windows, and each
rear facade shall include a minimum of five(5) windows.
C. Each side facade shall include not less than two(2)windows per floor.
Windows installed in a garage door shall count as one window for
purposes of this requirement as long as the window(s) in the garage
exceed an aggregate of five(5) square feet in size.
D. The side of all garages that face the street/front yard shall include two(2)
windows.
E. In counting windows, a double-hung shall count as one(1) window and
each casement window where the glass is enclosed by vinyl, vinyl clad or
aluminum clad, or wood material frame shall count as one (I)window.
Windows shall be a minimum of twelve (12) square feet in size in order to
count towards the minimum window requirements on the front and rear of
a home and a minimum of four(4) square feet in size in order to count
towards the minimum window requirements on the sides of the home.
F. All windows on a home shall be trimmed on all four sides except for
windows that are(i) trimmed by Masonry, (ii) located on the front of the
home and have shutters on both sides of the window, or(iii) located within
a portion of a facade that is covered in Masonry. Trim boards shall not be
less than 5/4"by 4" in size.
11) Garages:
A. All homes shall have a minimum three-car attached side load
garage
B. The garage can protrude up to 15' from the farthest point of the
front elevation of the home (the front edge of a porch shall be
included even if the porch does not touch the garage).
C-2
C. A home may include a "bolt on" one car garage that can face the
street, provided that the garage door for such one car garage is set
back at least 20' from the front façade of the side load garage as
depicted in the conceptual home elevations.
12) Masonry Requirements:
A. Acceptable Masonry materials include the following: brick, stone,
manufactured or synthetic stone or brick, limestone, natural stone, and
cultured stone. Stucco and EIFS may be used as a complimentary
material; provided, however, that Stucco and EIFS may only be used from
8' off of the ground and above.
B. Except as provided in sub-section C, below, all homes shall have Masonry
on at least fifty percent (50%)of the front façade (exclusive of windows,
doors and garage doors).
C. Homes with a historical architectural style' that lends itself to the use of
less masonry may have less than fifty percent (50%) masonry on the front
façade; provided, however, that not more than five (5)homes within the
Copperleaf District may utilize this exception to allow a home with no
brick and any home utilizing this exception for no brick shall be located at
least two Lots away from another home utilizing this exception for no
brick.
D. A masonry wainscot shall be installed on the sides and rear of all homes.
The water table shall not be less high than the lower of(i) 30"above
grade, or(ii) the bottom of the windows on the applicable side of the
home. This requirement shall not apply to any side of a home that
contains 50%or more of masonry without the wainscot.
13) Siding Requirements:
A. No vinyl or aluminum siding shall be permitted. Acceptable siding
materials shall be wood, Hardiplank or similar composition fiber cement
siding materials. All siding shall be lap siding or other architecturally
dimensioned siding such as shakes.
14) Sides adjacent to Open Spaces:
A. The sides of Lots adjacent to Open Spaces, including Lots 1, 2, 3, 8, 9, 10,
11, 12, 17, 18, 19, 20, 21, 27 and 28 as shown on the Conceptual Plan,
shall include(i)one or more of the following on the side of the home
facing the Open Space: a change in material pattern, a gable peak change
in material, a change of color with trim, a change in material, the addition
of architectural detail or a change in pattern as shown on Exhibit G
attached hereto, and(ii) five(5) shrubs(minimum 2 gallon planted) along
the applicable side of the home.
15) Miscellaneous:
A. All driveways shall be concrete; asphalt is not permitted.
B. Public sidewalks are required on all lots and shall be a minimum of 5'
wide.
C-3
C. Uniform mailboxes will be installed throughout the project.
D. All fireplaces located on the exterior elevation of a home must be
constructed of masonry and cannot be cantilevered or shed chimneys.
Interior fireplaces protruding through the roof not on an exterior elevation
of a home, are not required to be masonry, but must be decorative in
nature using masonry, stucco or EIFS materials. Stucco and EIFS may
only be used from 8' off of the ground and above.
16) Front Porch/Stoops:
A. All homes shall have a covered porch located in front of and adjacent to
the front door. Stoops and steps in addition to the porch shall be
permitted.
B. All required porches shall be constructed of concrete, stone or brick.
C. All required patios,porches or stoops shall be not less than four feet (4')
wide and not less than six feet(6')deep, including any portion that is
covered or uncovered, or of differing widths;provided, however,that a
depth of five feet(5') shall be permitted if the patio, porch or stoop is a
minimum of thirty(30) square feet in area.
17) Facade Variety:
All homes shall comply with Pulte's Anti Monotony Code(attached).
Historical architectural styles are styles such Colonial,Cape Cod,Farmhouse, Euro Country,Northern
Craftsman,Cottage,Low Country,Prairie,Heartland or homes with various architectural elements taken
from the foregoing to create more recent and modern versions of the foregoing.
C-4
ANTI-MONOTONY CODE
W•
MONOTONY CODE GRAPHIC
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3 3
4 4
1 1 Home cannot be of the same elevation of the same plan as the Subject home. Must be a
different color package.
2 I Home cannot be of the same elevation of the same plan as the Subject home. Cannot be
the identical color package as the Subject home but may have the same brick.
3 Home may be of the same plan and elevation as the Subject home,but must be a different
color package.
4 May be identical to Subject home.
D-1
Site Plan Showing Anti Monotony
Code Conformance
BELLEMOCVX
BETIEVCOS
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ASSIXIAOOM
)OSHA DING I
AWING n* SITE MAP
WALL 1.•iTS
Application of Anti-Monotony Code to Available Lots and the
Construction of Homes with less than 50%Masonry on Front Façade
Attached is a plan showing the 28 lots in the Copperleaf Subdivision. If a home is under
construction or about to start construction on any lot,the home plan and elevation are shown on
the lot. Lots that have no plan and elevation noted are not under construction and do not have a
plan and elevation selected. Currently,22 of the 28 lots are under construction or about to start
construction: All 22 of these homes comply with the anti-monotony code included with the
Copperleaf PUD. Of these 22 lots on which construction has commenced, five homes have less
than 50%masonry on the Front Facade. These 5 lots and the plan and elevation are as follows:
Lot Plan Elevation
9 Deer Valley HR2H
15 Castleton HR2H
19 Castleton HR2H
24 Allison NC2J
26 Deer Valley HR3W
The remaining number of lots where construction has not commenced and the plan and elevation
have not yet been selected is six,and those lots include Lots 1, 7, 12, 16, 18 and 27. Given the
five lots that currently have less than 50%masonry on the Front Façade, five of these remaining
six lots could contain a home with less than 50%masonry on the front façade IF the requested
development standards variance were approved. Any one of these six lots could contain one of
the plans and elevations that do not comply with the 50%masonry requirement. For example,
Lot 1 could contain a Castleton HR2H, Lot 7 could contain a Maple Valley CR2H, Lot 12 could
contain a Maple Valley CR2H, Lot 16 could contain a Deer Valley NC2G, Lot 18 could contain
an Allison HR2H, and Lot 27 could contain a Maple Valley NC2G. In this scenario, each of the
six lots contains a home that does not meet the 50%front masonry requirement,but does meet
the anti-monotony code requirements. Of course, one of these lots will have to have a plan and
elevation that meets the 50%masonry requirement given the 10 lot limit,but several plans and
elevations exist that meet the anti-monotony code and 50%masonry requirement to allow each
of the six lots to also include a compliant home. In summary, therefore, Lots 9, 15, 19, 24 and
26 will have homes that do not meet the 50%masonry requirement,and, if the variance is
granted, five of the following six lots—Lots 1, 7, 12, 16, 18 and 27—could have homes that do
not meet the 50%masonry requirement, all while complying with the anti-monotony code.
I\15084888.1