HomeMy WebLinkAboutTroy Estates Signed BUT Unrecorded Commitments 08.25.20Page 1 of 4
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Deed Cross Reference: Instrument No. 2020055835 recorded on August 18, 2020 and Instrument
No. 2020055783 recorded on August 18, 2020 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.
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.
Page 2 of 4
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 4 of 4
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.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
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” – Page 1 of 3
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:
1. 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 2 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 3 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 “C” – Page 1 of 11
EXHIBIT “C”
ARCHITECTURAL CHARACTER EXHIBITS
Exhibit “C” – Page 2 of 11
EXHIBIT “C”
ARCHITECTURAL CHARACTER EXHIBITS
Exhibit “C” – Page 3 of 11
EXHIBIT “C”
ARCHITECTURAL CHARACTER EXHIBITS
Exhibit “C” – Page 4 of 11
EXHIBIT “C”
ARCHITECTURAL CHARACTER EXHIBITS
Exhibit “C” – Page 5 of 11
EXHIBIT “C”
ARCHITECTURAL CHARACTER EXHIBITS
Exhibit “C” – Page 6 of 11
EXHIBIT “C”
ARCHITECTURAL CHARACTER EXHIBITS
Exhibit “C” – Page 7 of 11
EXHIBIT “C”
ARCHITECTURAL CHARACTER EXHIBITS
Exhibit “C” – Page 8 of 11
EXHIBIT “C”
ARCHITECTURAL CHARACTER EXHIBITS
Exhibit “C” – Page 9 of 11
EXHIBIT “C”
ARCHITECTURAL CHARACTER EXHIBITS
Exhibit “C” – Page 10 of 11
EXHIBIT “C”
ARCHITECTURAL CHARACTER EXHIBITS
Exhibit “C” – Page 11 of 11
EXHIBIT “C”
ARCHITECTURAL CHARACTER EXHIBITS
Exhibit “D” – Page 1 of 1
EXHIBIT “D”
Playground Example