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HomeMy WebLinkAboutPerimeter Tree Buffer Explanation J i> I ' . ~ Arden Townhomes Perimeter Tree Buffer Explanation I. Ordinance requirements Section 8.4 of the approved Arden Townhomes PUD Text states: Perimeter Plantina/Buffer Yard. The number of perimeter plantings and the number of Buffer Yard Plantings shall be in accordance with Section 26.04 Perimeter Buffering Requirements of the Zoning Ordinance. According to the Table for Buffer Yard Determination provided in Section 26.04 of the Zoning Ordinance, a type "B" Buffer Yard would be required along the eastem perimeter of the Arden site. The length of this side is 1,295 feet. Therefore, 39 shade trees, 39 ornamental trees, and 195 shrubs would be required. II. Proposed Perimeter Buffer Yard Treatment There currently exists a significant mature tree buffer area between the Arden site and the Carrnel High School Football Stadium parking lot, located on the School's property (see Exhibit A). This existing tree buffer is located between the eastern boundary of the Arden site and the western boundary of the proposed Cool Creek Trail extension, which will also be located on the School's property. The Petitioner proposes to utilize the existing mature tree buffer area on the school property in place of additional buffering on the Arden site's eastern edge. The existing buffer area on the School's property measures 1,295 feet in length, and runs along the entire eastern perimeter of the Arden site. The width of the buffer tapers from 50 feet on the south end to 21 feet on the north end. The total acreage of the buffer area is 1.05 acres. As can be seen from the photographs provided in Exhibit B, there exists heavy vegetation within the entirety of this buffer area (both summer and winter photographs are provided). The Petitioner does not have an exact count of trees and shrubs within the buffer area. However, it can be estimated from site visits and from the photographs provided in Exhibit B that hundreds of trees and shrubs are contained within the buffer area. The existing buffer provides effective screening between the two properties and serves as an effective transition area between the two properties. The Petitioner has had multiple conversations with representatives of the School Board regarding their intent to preserve this existing buffer area. The Petitioner has been advised that the School Board has no intent to remove the existing tree buffer. To reinforce that intent, the School Board has agreed, at the request of the Petitioner, to the insertion of tree preservation language into the easement it intends to grant to the City of Carmel for the installation and maintenance of the Cool Creek trail extension (Exhibit C). The location of this preserved area, which is shown on Exhibit A, measures 1,295 feet in length and 16 feet in width, for a total of .47 acres. The School Board is scheduled to take action on the proposed Cool Creek Trail easement, which contains the tree preservation text, at their meeting on February 27,2006. The School Board's Staff has recommended that they approve the grant of easement (Exhibit D). I TOTAL BUFFER YARD 1.05 ACRES 1295' 047 ACRES OF BUFFER~\ Carmel High School ~ YARD W/IN TRAIL EASEMENT Building Corporation 0.58 ACRES OF BUFFER _ WIDTH = 16' rPROPERTY LINE / YARD OUTSIDE TRAIL EASEMENT COOL CREEK TRAIL EXTENSION -----.... 34~-:::L -\ ",. \ 22' 1 I I L 5' .., 1\ ?I~ . r~"\ -: f \ \ I ~ ~ I l I I II ( L I I I I I "'''ATE AlLEY> r D J r r r If,"",. -.:::J : \ \ L~:= ~ i \ ~ ~~ ~.~ lfl"1 '}~~l. ~ 19 U I II 'II I C~-' I ~. ~ \\\~~..1 I--~[<l~ ;:t ~~~ ,_ ..) ROSAl7.:' L. :~;~ nl ::: ~----, ,8~:::r ~ ~ ~i~ ROWI PLAcE~ ~~ PlACE \ W...- ~2 0 ffi g ~ '- .......;;. R SAl'l'D \ACE. ~ ..."" I I ~-....;;:~g I F- ~~ 53 ~ ~ :3 ~ Iip:r ~~ ~ ~ < I-r-- ( I [ I~~ . t: ~ ~~<-<f . 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CIlIIk - --- W.-... ~ PRO.JECT: -~..... 8: ~-:r~ N ARDEN TOWNHOMES 1940 E. 136th STREET CARMEL, IN SCALE: 1"- 150' TITLE: EXHIBIT IAI Date: 02-16-06 PERIMETER BUFFER YARD EXHIBIT SHEET No. A , Exhibit lei Prior Deed Reference: Instrument #9019950 EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, that the City of Cannel School Corporation (hereinafter "Grantor"), fee simple owner of the real property described in Instrument #9019950, recorded in the Recorder's Office of the County of Hamilton, State ofIndiana (hereinafter "Real Estate"), hereby grants and conveys to the City of Cannel, Indiana, by and through its Board of Public Works and Safety, its successors and assigns (hereinafter "Grantee"), in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, a perpetual exclusive easement, described in Exhibits "A" and "B", attached hereto and incorporated herein (hereinafter "Easement") that shall run with the land and which shall be limited to the use of the public for ingress/egress and the Grantee's right to construct, reconstruct, repair, operate, maintain, replace, relocate and/or remove certain pedestrian trail improvements, which include, but are not limited to, asphalt pavement, gravel shoulders, landscaping, storm drainage systems through, upon, over, along, under and across the Real Estate, together with the right to do all other lawful acts and things not inconsistent herewith and requisite or necessary for the full enjoyment of the Easement. [eb:msword:n:'deals in progress. midwest\in-llOl . megeuhardt. ardcn\zoning\trail\rool creek north trail casement lnat.doc:2116lO6} STATE OF INDIANA ) ) SS: COUNTYOFHAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared , the of the City of Carmel School Corporation ("Grantor"), who acknowledged the execution of the foregoing "EASEMENT AGREEMENT" as his/her voluntary act and deed. Witness my hand and Notarial Seal this _ day of ,20_. NOTARY PUBLIC My Commission Expires: Printed Name My County of Residence: [cb:msword:n;\dcals in progress - midwest\in-IIOl - megenhardt - ardcn\zoning\trail\cool crceknorth trail ea~.doc:2fI6lO6] The Grantee agrees to not remove any existing trees or vegetation from the Easement except: a. as is necessary for the installation, full enjoyment and maintenance of said pedestrian trail improvements and/or related improvements and infrastructure; b. as is necessary to clear underbrush and dead trees or vegetation, weeds or other rank or intrusive vegetation; c. as necessary for public health and safety, as determined with the cooperation of City of Carmel's Urban Forester. The Grantor expressly reserves all right, title and interest in and to the Real Estate described not specifically granted to Grantee, as well as the right to use or permit the use of the Easement by others for any lawful purpose not inconsistent with the rights granted to Grantee herein. It is understood that all the provisions of this Agreement are. stated herein and no verbal agreements or promises will be binding on the parties hereto or their successors in interest. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Indiana. This Agreement is made subject to all prior easements, agreements, restrictions and rights-of-way of record and is not subject to the Indiana Corporate Income Tax. [eb:msword:n:\dcals in progress. midwest\in.lIOl . mcgenhudt - ardcn\zoning\trail\oool creek DOrtb. trail casemem!w.doc:2/16lO6] This Agreement, upon execution by both Grantor and Grantee, is and shall remain binding upon Grantor and Grantee and their respective officers, officials, agents, partners, successors, assigns and legal representatives in all respects as to all covenants, agreements and obligations contained herein. IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement Agreement this day of , 2006. City of Carmel School Corporation By: [cb:msword:n:\deals in progress - midwest\in-lIOl - megenhardt. arde:D\zoning\trail\cool creek north trail eascment~.doc:2J16lO6] (Authorized Signature) (Printed Name and Title) ACCEPTANCE WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of Carmel, Indiana, its Easement Agreement ("Agreement"), which Agreement is hereinabove set forth; and WHEREAS, the City of Carmel, Indiana, is of the opinion that said Easement is desirable and necessary to the City. NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public Works and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana, accepts the Agreement and orders that the Agreement be recorded in the Recorder's Office of the County of Hamilton, State of Indiana. "GRANTEE" CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori Watson, Member Date: ATTEST: [eb:msword:n:\deals in progress - midwcsl:\in-llOl - megenhardt - 8Idcn\zoning\trail\coo1 creek DOrth trail C8.SC1DCQf.~,doc:2/16lO6] Diana Cordray, IAMC, Clerk-Treasurer Date: This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032. [eb:msword:o:ldcals in progress. midwcst\ilrt tOl - mcgenhardt. udcn\zoniDg\lrail\cool creek north trail ~.doc:2/16lO6] Legal Description Part ofthe South Half of Section 19, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularty described as follows: Commencing at the Southeast comer of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana; thence South 90 degrees 00 minutes 00 seconds West (assumed bearing and basis for this description) on the South line of said Southwest Quarter for a distance of 1153.50 feet to the Southwest comer of a tract of land described In Instrument #9019950 in the Office of the Recorder of Hamilton County, Indiana, thence North 01 degree 18 minutes 51 seconds West along the West line of said tract of land for a distance of 65.02 teet to the Point of Beginning; thence South 90 degrees 00 minutes 00 seconds West parallet with said South line of said Southwest Quarter for a distance of 30.01 feet; thence North 01 degree 18 minutes 51 seconds West parallel with said West line of said tract of land fora distance of 1287.98 feet to a point on a Southerty line of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along said Southerty line of said tract of land for a distance of 384.66 feet to a Southwesterty comer of said tract of land; thence North 66 degrees 24 minutes 54 seconds East along the Northwesterty line of said tract of land for a distance of 74.98 feet; thence North 90 degrees 00 minutes 00 seconds East parallel with said South line of said Southwest Quarter for a distance of 315.00 feet; thence South 45 degrees 53 minutes 47 seconds East for a distance of 43.11 feet to the Northeast comer of a tract of land described In Instrument #9226597 also being on an interior comer of said tract of land described in Instrument #9019950; thence South 01 degree 18 minutes 51 seconds East along said West line of said tract of land described In Instrument #9019950 for a distance of 1287.98 feet to the Point of Beginning, containing 1.138 acres, more or less. I I EIM,HL~T Exhibit ..A" OFFSITE TRAIL EASEMENT N.A. fi Evans. Mechwarl. Hambleton & TUton.lnc. ~ EngIn.-s - SUMI'/IlII- PIaruws . Sclentlsls =1~=m-& ~ _117.81ll.693O _7.913.l11lll8 . M~~~~ , Date: 12-15-05 Carmel, Hamilton County, Indiana 1 of 1 ~ s: I s. Un. of Instr. #9019950 to> - ,5:g ~~ ~l ] ~ t3~ ~ ~ I I 1 I & ~ ( '0 " - 0>;1) :Bo ~ ~- o>=. l!l ~ -. s: s:1~ lJ $ .c:! ~ i , ~~~ :'0 ~ ~i .fI:l o. I ~i l!!5 t3 ::J E 8; . C;~ .w c.=. ~..... !iI: to>~ ~~ ~ ~~ ~ ~ ~ ].t; ~ t3~ , ~ ~ , ~ , -H I ~ S 90"00'00' W - 1153.50' --------1V---------- I I I EIM,H,~T Exhibit --8-- OFFSITE TRAIL EASEMENT ~ Evons. MechwarI. Hambleton & TDIon.Inc. ~ EngIneers . SUIveyon . PIanneB . Sc:lenlIsIs 74C1O__A...... _~1~~":7~ ~ CaIumIIuo oCIncInnBII --. _ MCMXXYI Carmel, Hamilton County, Indiana ~ ~::J Sec. 19, T1aN, 4E 1 of 1 ~ CARMEL HIGH SCHOOL RELOCATED FENCE \ EXISTING \ FENCE \ PROPOSED 12' \ ~ ASPHALT TRAIL ",PROPERTY LINE ,.-- A 1-- ) L__ 1[ \, \ :' ~ ,1"1,,1,,1,,. I] ~ , ~-' \\' , \~ ~lLl " ~ . \\ .J Lf1j \ \. c ~ m\ ~A Ii'" ...~ -- --=- .. ' ) C .. @ ~.. , , I .. ~ (- PROPOSED ARDEN TOWN HOMES D ~; >- ~,~ : ; o ~ C/) , . I I .T ~ . r 1 .' , , , '\ \ \ \\ Ii Buckingham Companies 333 N. Pennsylvania Street, 10th floor lndianapolis,~.46204 I I I I I i L.....I ~. match grade cuUfiIl as required .1 I I I 30' Easement 2'1 · 12' Asphalt Trail ,0......- stone ---' , "--- shoulder -./. SECTION A-A "12'1- o ONe. .,; ENG1NEIRS. SURVEYOAS. PlANNERS. stlIIITlSTS 8 ANS. MECHWART. HAMBlETON &0 TILTON. INC. '" TELEPHONE (317) 913-&930 FACSIMILE 1317) 813-8928 EXHIBIT ICI PRO.JECT: ARDEN TITLE: COOL CREEK NORTH TRAIL ~~: 1~~~~ SMOKEY ROW ROAD AND COOL CREEK EXHIBIT 1 CARMEL, INDIANA SHEET No. J . hibit'D' February 27, 2006 x New Business Old Business Roger McMichael - Cool Creek North Trail Easement Consent Action X Report Information - It is recommended the Board of School Trustees grant the proposed Cool Creek North Trail easement at Carmel High School as requested by the City of Carmel. - The City of Carmel has requested that the Carmel Clay Schools grant an easement for the construction, maintenance and use of an extension of the Cool Creek North Trail. Copies of the Grant of Easement Agreement as well as several supporting exhibits are attached. Representatives of the City of Carmel will be present at the meeting to present information on the Cool Creek North Trail. The Grant of Easement Agreement has been reviewed by David Day's office.