HomeMy WebLinkAboutPacket 07-18-06
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CARMEL, INDIANA
CLAY CREEK
PRIMARY PLAT APPROVAL
AND WAIVERS
30 acres on east side of Hoover Road, north of 116th Street
Docket No. 06050020 PP
City of Carmel
Plan Commission - July 18, 2006
Applicant: ME Development Co., Inc.
Attention: Gary Merritt and Bob Ellis
Phone: 264-8606
Attorney: Charles D. Frankenberger
NELSON & FRANKENBERGER
3105 East 98th Street, Suite 170
Indianapolis, IN 46280
Telephone: (317) 844-01 06
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TABLE OF CONTENTS
1. Explanation
2. Aerial Photograph
3. Rendering ofPlat/Landscape Plan
4. Plat
5. Landscape Plan (Full Size)
6. Open Space / Tree Preservation Plan
7. Entry Detail
8. Architectural Commitments
9. Illustrative Elevations
H:lbrad\Zoning & Real EstaIc Mattcrs\MHE\Hoover Road\Table of Contents PC 0717806.doc
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Explanation of Request
ME Development, the principals of which are Gary Merritt and Bob Ellis, is the contract purchaser of
approximately 30 acres of real estate located on the east side of Hoover Road, just north of 116th Street. The
real estate is outlined on the aerial photograph included under Tab 2.
ME Development is requesting primary plat approval to permit a custom residential subdivision to be
known as Clay Creek. A colored rendering of the Plat and Landscape Plan is included under Tab 3. As
indicated, the Plat allocates the real estate into 30 custom lots and open space.
In all, there are approximately 8.44 acres of open space within Clay Creek, representing approximately
28% of the site. As illustrated on the Open Space I Tree Preservation Plan included under Tab 6, approximately
5.55 acres of the open space are within tree preservation areas.
As part of the proposed development, and pursuant to Carmel's Thoroughfare Plan, ME Development
has agreed to construct a segment of Meeting House Road which is adjacent to the northern boundary of the real
estate. This segment of Meeting House Road is identified on the rendering of the Plat of Clay Creek included
under Tab 3.
In connection with the proposed development, ME Development has requested two waivers; namely, (i)
a waiver, pertaining to residence orientation, permitting the sides and backs of homes to face Hoover Road and
Meeting House Road and (ii) a waiver permitting the clearing of more than 15% of mature woodlands. In this
regard, the following is noteworthy:
1. Residence Orientation Waiver. The backs of the residences on Lots 1 thru 6 will face the
perimeter roads, and the sides of the residences on Lots 13 and 30 will face the perimeter road. As
indicated on the full size Landscape Plan included under Tab 5, berms are proposed in buffer areas and,
as required by the Architectural Commitments included under Tab 8, additional architectural features
are required with respect to these residences.
2. Tree Clearing. Some mature woodlands exist on a portion of the real estate. ME Development
must clear the woodlands within the right-of-way of Meeting House Road. With respect to
approximately 8 acres of woodlands located outside of the right-of-way and within Clay Creek, ME
Development will preserve 5.5 acres, and will clear 2.49 acres. To mitigate, ME Development has
committed to sufficient reforestation so that the areas of reforestation, when combined with the 5.55
acres of tree preservation, equals 85% of the mature woodlands existing on the site today. To this end,
ME Development will confer with Scott Brewer, the Urban Forester, for guidance with respect to
reforestation.
As mentioned, Clay Creek will be a custom subdivision. To assure the custom character of the
proposed residences, Architectural Commitments are included under Tab 8. In addition, illustrations of the
character of residences to be constructed are included under Tab 9.
We look forward to presenting this matter to the Plan Commission on July 18, 2006.
Respectfully submitted,
NELSON & FRANKENBERGER
CL Z / ):}-- k.-~r-
Charles D. Frankenberger
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\ "j / / Clay PIP; i I ~ 1 N,W, COR, S,E, 1/4
~ i " ~ I~. r~'O~ 0 1 I / I see, 33-18-3 E ~
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.. II 11~~ BeginniDg at the Northwest comer of said South.... Quarter, said point
28" being marked by . P X. Nail found in place;
: I 22,"H~ II !!> thence North 89 degroea 42 minutes 07 aeconds East along the south line of
I /,108''' V ~ //~ said _ Quarter. distance of 1732,30 feet;
I '-. I ~ / thence South 00 degroea 17 minutes 42 seconds West 1530,50 feel to the
I \ f I ~ / oortberly line of. tract of laud oonveyed to Edward B, Fitzgerald aud
: I 'll J I k / Naoey S. Fitzgerald by Trustee'. Deed recorded in Deed Record Book 285,
I '"'' sr 1I1~ '" / page 470 in the Office of the H8mlltoo Couoty Recorder;
.. ,I 0:". .... )11 ..' thence South 89 degroea 32 minutes 02 seconds West a100g the oorth line
II "~ ofFitzgeraJd 398.10 feet;
I' - I tbeoce North 00 degroea 17 minutes 42 seconds East 845,97 feet;
~I ..-26-, I~... thence South 89 degroea SO minutes 29 seconds West 175.89 feet;
411r 17"" ..r.-- I ' ... thence North 00 degroea 01 minutes 06 seconds East 188.57 feet;
~III 0.390 ... ~_ ~ thence South 89 degroea SO minutes 29 seconds West 1155,00 feet to the
'H ~ West line of said South.... Quarter;
"rl#" ~ ~ ~ tbeoce North 00 degroea 01 minutes 06 seconds East along said West line
25 :11, ~ .,; 493,86 feel to the Point ofBeginoing aud cootaining 29,971 acres more or
17"" sr. 211 ,~ L I....
0.J88 ... II \~ - .. -..... Subjeelto the right ofwey for Hoover Road aud to all other legal
~ ......enls aod righls of way of record,
'" The above described tract of1aod being the same as or contained entiJely
"'. \ WIthin that tract of 1aod cooveyed to 1lIE ERICH K. LANG F AM1L Y
. LIMITED PARTNERSHIP UA, . Colorado limited partoenhip by
\ Warraoty Deed recorded 88 lost. No, 200000002311 in the Ollice of the
Recorder ofHamiltoo Couoty, Indiaoa.
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SI.8DIVISktrI (II ~ AalES. ALL (F TlE t.OTS StWl. BE SERVED BY
flIlUC SEWER AJI) WATER. Tit: SAHlT ARV SEWER WIll BE fIROVQB) BY
CLAY TOIINSItD' _ WASTE Il1slRlCT, TIEl HA'IE PlANS 'lll
CCNSTIIlCTtIG A IEGKIW. INTERCEPTCR SEWER EmER TtIIU;H CR
AOJAcan TO THIS SITE IN TtE fElT ~ (II SO (See ATrACED
lfTTER). GRAVITY SEWElllfES W1ll BE exmao 'R(J1 YH5
INTERCEPTCR TO SERVE All Of 1lf: LOTS IN THIS SITE.
N,W, COR. S.E, 1/4
SEc. 33-18-3 E
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Local Street
Fitzgerald
Deed Book 285 pg 470
RECORD LEGAL DI!SCRIPTION
Erteb K. Lolli FamDy UmIted
Partoen1dp VA
Ioat. No.~l1
A part of the South.... Quarter of Sectloo 33, Towosbip 18 North, Raoge 3
East, describes as fo_:
Basin at the Northwest comer of said Quarter Sectluo, ruooing thence East
1732.3 feet; tbeoce South 682.43 feet; thence West 574,4 feet; tbeoce
North 188,57 feel;
thence West 11 55 feet; thence North 493,86 feet to the place ofbeginoing,
cootaining 22.12 acres more or I.... in Clay Towoship, Hamiltoo Couoty,
Indiaoa.
GRAPHIC SCALE
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( IN nET )
I ifleb. 100 ft.
LEGEND:
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ALSO, . strip 398,06 feel in widlh ofT of the entiJe East ~ide of the
fonowing described por!ioo of the Southeast Quarter of SectIon 33,
Towoship 18 North, Raoge 3 East, descn'bed 88 fon."..:
BeginniDg at a point 871 feel South of the Northwest comer of said Quarter
Sectloo; nm thence East 11S5 feet; tbeoce North 188.57 feet; thence East
S74.4 feet; thence South 847,97 feet; thence West 398,06 feet; thence
North 215,7 feet;
thence West 1328 feet; tbeoce North 446,65 feel to the place ofbeginoing,
the portioo of said real estate being hereby CODVeyed c:ootains 8,62 acres
more or I.... in Clay Towoship, Hamiltoo Couoty,lodiaoa.
SURVEY LEGAL DI!SCRIPTION
Part of the _.QuarterofSectlon33, Towoship 18 North,Raoge3
East of the Secood Principal Meridiao, Clay Towosbip, Hamiltoo Couoty,
lodiaoa aud being described as fon."..:
="~t"
Pr.,- Stann _
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"'-'" S8nIIary _
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DEVELOPER:
ME DEVELOPMENT COMPANY, INC.
55 MONUMENT CIRCLE
SUITE 201
INDIANAPOLIS, IN, 46204
(317) 264-1833
ENGINEER / SURVEYOR
EVERGREENPLANNERS,LLC
234 S, FRANKLIN ROAD
INDIANAPOLIS, IN. 46219
(317) 353-6161
DEVELOPMENT SUMMARY:
TOTAL SITE AREA:
No. OF LOTS:
PROPOSED DENSITY:
OPEN SPACE:
ZONING:
29,971 AC,
30
30/29.971 = 1.0 LOTS/AC.
7.749 AC. (26%)
R-I/RESIDENCE DISTRICT
This sa. cIoeo NOT foU 1riUlin 0 Spedof Flood Hozord Area .. fIoodwoy
""" os shown on !he Flood InsunJnca Rato IIop No, l8057C0205 f
doled fellruory 19, 200J.
8ENCHMAAI<S:
1.) c..c'X"in__boIInFlraHj<hnlon
East_llI__"1CIO'_llIC1srldgo
Farm_ EIov,08lII.3lI
WATlR WU BE PROW:8 BY CITY Of CASIEL UTuTIES. AN EXISTING
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TtE SITE TO SERVE ALL LOTS. TIE HAW Will BE EXTBIG TO TtE
EASTEl.Y AND SOUTtEfl.y BClJI)ARIES Of THIS SITE TO Al.UlW FCR
FlJT\.RE EJPAtU:W lITO AD..ONr<<i AIEA$.
2.) Top...llIF1raHydrmdonEast_llI_
_,.'75'_oIIIgh_DrMt.
EIov.._
STOlI1WAlER lUaf WIll BE C<UECTf1) BV _ ~PES IHl
CCJMYEO TO ClAy CREEK. WHIOt FlOWS 1lIi'lXIGH TIE SITE fR(tt
NORTH TO SClITH. WHu DE RlN:Ff wa.L 0ISCHARGf OIAECTl Y MO
CLAy CREEK. IETENTKIt IS PIlFaSED AT TtE SWT1IJfri EM) Of TlE
SITE AI'Il WILl. BE SllB) so THAT M TOTAlI:EVE\.1.fB) 0ISCHARGf
I1EETS All ~GI.l.ATCRY RElJJ\REtENTS.
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6 21 06 Added Multi
7 01 06 Rev. Lot I
7 01 06 Added Tree _
DOCKET No. 06050020 PP
Primary Plat for Clay Creek
12051 Hoover Road (Approxima1e Address)
Cia Townshi Hamilton Count .
N Y C
AU<
I~YerlreeD
Planners. llC
234 SOUTH fRANKUN RO.. INDWlAPOUS, INDIANA 46219
317/353-6181 fax 317/3530884
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LOCATION MAP
Scofe: '".1000'
Street
Path 0 Hoover Rd,
Carmel En . comments
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Total Area:. ~ 29.9.71.ac.
Open Space Area: 8.444 ac.
Tree PreservatiOn Area: 5.55 ac.
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CLAY CREEK
Carmel, Indiana
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COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
ME Development Co., Inc., the contract purchaser of the real estate located in Hamilton
County, Indiana, and described in what is attached hereto and incorporated herein by referenced
as Exhibit "A" (the "Real Estate"), makes the following Commitments (the "Commitments")
applicable to the Real Estate.
Section 1. Definitions. Different words and terms are defmed throughout these
Commitments and, further, the following definitions shall apply throughout these Commitments:
1. ARB: The Architectural Review Board established by the Developer in the Declaration
of Covenants.
2. Comer Home. A home that is constructed on a Comer Lot.
3. Comer Lot. A Lot having frontage on two (2) public streets.
4. Declaration of Covenants. A Declaration of Covenants, Conditions and Restrictions for
the Real Estate which shall be prepared by the Developer and recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time, are amended.
5. Department. The Department of Community Services of the City of Cannel, Indiana.
6. Developer. ME Development Company, Inc., its successors and assigns.
7. Front Facing Garage Doors. A garage door that is parallel to the front elevation of the
home.
8. Historical Architectural Style. Historical Architectural Styles are established by and shall
mean and refer to such homes as (i) colonial homes, (ii) cape cod homes, (Hi) craftsman
homes, (iv) traditional farmhouse homes, (v) french country homes, or (vi) homes with
various exterior architectural elements, taken from the foregoing, to create more recent
versions of the foregoing.
9. Homeowners Association. A nonprofit corporation established for the promotion of the
health, safety and welfare of the residents of the Real Estate once developed, and to
manage, maintain, and repair the common areas within the Real Estate and any
improvements located thereon.
10. Lot. A parcel of land designated as such upon the Plat (as hereinafter defined) upon
which there is constructed one (1) single detached home.
11. Masonry. (i) Brick, limestone, natural stone, cultured stone, as their exterior building
material, or other similar building material or a combination of the same, bonded together
with mortar to form a wall, buttress or similar mass and (ii) EIFS and stucco.
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12. Overhang. The portion of the roof structure that extends beyond the exterior framing
walls of a home.
13. Permitted Exterior Building Materials. Masonry, wood, concrete fiber board.
14. Plat. The subdivision plat or plats for the Real Estate recorded with the Hamilton County
Recorder.
15. Ridgeline. The intersection of two horizontal roof planes, or the angle formed by them,
which form the peak of a pitched area.
Section 2. Commitments Applicable to the Real Estate. The following commitments are
applicable to the Real Estate:
1. Density. No more than 30 single family residences shall be constructed upon the Real
Estate.
2. Masonry Requirements.
A. Subject to Section 3(2)(B) immediately below, all Masonry shall be the exterior
building material on the first floor of the front, side, and rear elevations, excluding
doors, garage doors, windows, and other openings.
B. The Masonry requirements may be modified by the Developer's Architectural
Review Board (the "ARB") for up to 10 of the residences with a Historical
Architectural Style.
3. Minimum Square Footage.
A. One-story homes shall have a minimum living area of2,500 square feet, exclusive
of garages, basements, porches, carports and any unfinished area.
B. Two-story homes shall have a minimum living area of 3,000 square feet,
exclusive of garages, basements, porches, carports and any unfinished area.
C. At least seventy percent (70%) of the residences shall have a minimum living area
in excess of 3,000 square feet, exclusive of garages, basements, porches, carports,
and any unfinished area.
4. Permitted Exterior Building Materials. Permitted Exterior Building Materials shall be
used in all exterior areas other than windows, doors, garage doors, and roofs. Vinyl
siding is prohibited as an exterior siding material.
5. Roof Pitch. The roof pitch on the main roofline shall be 8 feet vertical to 12 feet
horizontal, from front to back. The roof pitch on front gables shall be 10 feet vertical to
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12 feet horizontal. Ancillary roofs such as porches, bays or walkways may be less than
the minimum requirement.
6.
Roof Ridgeline.
A. All homes shall have a minimum of three (3) ridgelines; provided, however, that
when fewer is consistent with a Historical Architectural Style, a minimum of two
(2) ridgelines shall be permitted.
B. Ridgelines shall only be considered if they are horizontal ridges which form the
peak of a pitched area. Covered and enclosed porches shall count as a ridgeline.
7.
Comer Breaks. Each home shall have a minimum of three (3) comer breaks on the front
and rear elevations. The exterior comers of a covered porch, the outermost comers of the
home, and a projection with a height of no less than six feet (6') shall count toward this
requirement.
8.
Front Landscaping.
A. Front yard landscaping shall include sixteen (16) shrubs, eighteen (I8) inches in
height at the time of planting.
B. Front yard landscaping shall include at least I yard tree (2" minimum caliper
outside planting bed).
9.
Side and Rear Elevations. Side and rear elevations for homes facing Hoover Road or
Meeting House Road shall contain at least two (2) of the following enhancements:
A. Finished space bump out
B. Bay window
C. Decorative trim molding at gutter height
D. Decorative shaped window
E. Varied building planes
F. Accent siding
G. Chimney chase
H. First floor brick wrap
10.
Tree Preservation. Tree preservation areas are outlined in yellow on the Tree
Preservation Plan attached hereto and incorporated herein by reference as Exhibit B. As
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shown, tree preservation areas are located in common areas and not upon Lots. Except as
noted below, each Builder, Developer, Owner, and the Homeowners Association shall
preserve trees within the tree preservation areas, and shall not remove trees:
A. The clearing of dead trees shall be allowed; and
B. The removal of trees for public health and safety shall be allowed.
11. Miscellaneous.
A. All new homes, landscaping and exterior color plans must be approved by the
ARB prior to beginning construction.
B. All driveways shall be concrete unless otherwise approved by the ARB.
C. Uniform mailboxes, as determined by the ARB, shall be required.
D. Dusk to dawn yard lights shall be required in a uniform location, as determined by
the ARB.
E. At least two windows shall be present on each fa~ade, and each occupied level, as
architecturally appropriate. One window shall be permitted on half stories.
F. All windows, on all sides of the house, shall have trim as architecturally
appropriate.
G. Porches shall be a minimum of six feet deep, and shall be provided where
architecturally appropriate.
H. All chimneys located on the exterior of the residences shall extend from the
ground to above the eaves and shall have masonry as their exterior building
material. All chimneys which protrude from inside the residences shall have
Masonry and/or cement fiberboard as their exterior building material.
I. "Shed-style" or bump-out chimneys shall not be permitted.
J. Roofs shall have minimum 12" overhangs, on all sides of the structure; provided,
however, that where Masonry meets an overhang, the overhang shall measure a
minimum of seven (7) inches.
Section 3. Bindine: on Successors. These Commitments are binding on the Developer, each
other person acquiring an interest in the Real Estate, unless modified or terminated by the
Commission. These Commitments may be modified or terminated only by a decision of the Plan
Commission after a public hearing wherein notice as provided by the rules of the Plan
Commission has been made. The provisions of this Section 4 notwithstanding, these
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Commitments shall terininate as to any part or parts of the Real Estate hereafter reclassified
(rezoned) on the Cities' Official Zone Map.
Section 4. Effective Date. The Commitments contained herein shall be effective upon the
occurrence of all of the following events:
1. The commencement of the development of the Real Estate.
Section 5. Recordin2. The undersigned hereby authorizes the Secretary of the Commission to
record these Commitments in the Office of the Recorder of Hamilton County, Indiana.
Section 6. Enforcement. These Commitments may be enforced by the Common Council or the
Plan Commission of the City of Carmel, Indiana.
IN WITNESS WHEREOF, DEVELOPER has caused these Commitments to be executed as of
the date first written above.
ME DEVELOPMENT CO., INC.
By:
+STATEOFINDIANA )
) SS:
COUNTY OF MARION )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Gary K. Merritt, President of ME Development Co., Inc., and having been duly sworn,
acknowledged execution of the foregoing Commitments.
Witness my hand and Notarial Seal this
day of
. 2006.
My Commission Expires:
Notary Public
Residing in
County
Printed Name
Prepared By: Charles D. Frankenberger, Nelson & Frankenberger, 3105 East 98th Street,
Suite 170, Indianapolis, Indiana 46280 (317) 844-0106.
H:\brad\Zoning & Real Estate Matters\MHE\Hoover Road\Comrnitments 070706.doc
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EXlDBIT "A"
A part of the Southeast Quarter of Section 33, Township 18 North, Range 3 East, described as
follows:
Begin at the Northwest comer of said Quarter Section, running thence East 1732.3 feet; thence
South 682.43 feet; thence West 574.4 feet; thence North 188.57 feet; thence West 1155 feet;
thence North 493.86 feet to the place of beginning, containing 22.12 acres, more or less, Clay
Township, Hamilton County, Indiana.
ALSO, a strip 398.06 feet in width off of the entire East side of the following described portion
of the Southeast Quarter of Section 33, Township 18 North, Range 3 East, described as follows:
Beginning at a point 871 feet South of the Northwest comer of said Quarter Section; run thence
East 1155 feet; thence North 188.57 feet; thence East 574.4 feet; thence South 847.97 feet;
thence West 398.06 feet; thence North 215.7 feet; thence West 1328 feet; thence North 446.65
feet to the place of beginning, the portion of said real estate being hereby conveyed contains 8.62
Acres, more or less, in Clay Township, Hamilton County, Indiana.
H:\brad\Zoning & Real Estate Matters\MHE\Hoover Road\Comrnitments 070706.doc
6
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