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Home My WebLink AboutZ-498-06 Cherry Tree Grove SPONSOR: Councilor Rattermann ORDINANCE Z-498-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, CHANGE OF ZONING CLASSIFICATION, REZONING OF 20+ ACRES OF REAL ESTATE ALONG THE EAST SIDE OF CHERRY TREE ROAD AND SOUTH OF 146lh STREET FROM S-l/RESIDENTIAL TO S-2/RESIDENTIAL ZONING CLASSIFICATION WHEREAS, pursuant to Indiana Code S36-7-4-600 et seq., the Common Council of the City of Carmel, Indiana, has lawfully adopted a Zoning Ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which Zoning Ordinance has been codified in Chapter 10 of the Carmel City Code; and WHEREAS, pursuant to the Indiana Code S36-7-4-602, the Common Council IS authorized to amend the map that is part of the Zoning Ordinance; WHEREAS, the Carmel Plan Commission has rendered a 7-1 favorable recommendation regarding a request to rezone certain real property, the legal description of which is attached hereto and incorporated herein by reference as Exhibit "A" (hereafter "Real Estate"); and NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section I: The official Zoning Map accompanying and made part of the Zoning Ordinance is hereby amended to change the zoning classification of the Real Estate from the S-IIResidential zoning classification to the S-2IResidential zoning classification. Section II: All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. +1.... PASSED by the Common Council of the City of Carmel, Indiana, this.;20 day of ~~ ,2006, by a vote of ~ ayes and ~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL A TrEST L- CJ /Ii., ~ Brian D. Mayo ...- N (')..- f> R. e;; S e:- IV'- Mark Rattermann +.t.. Presented by me to the Mayor of the City of Carmel, Indiana this ~o day of N~ ,2006,at(g:~S P.M. ~ Diana L. Cordray, IAMC, Clerk asurer Approved by me, Mayor of the City of Carmel, Indiana, this c9.0+t-day of N~ ,2006,at~:aS- .p .M. ;/~ /? ~ Jptnes B?ainard, Mayor :/ 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: Matthew S. Skelton. Prepared by: Matthew S. Skelton, AICP, Attorney at Law, Baker & Daniels LLP, 600 East 96th Street, Suite 600, Indianapolis, IN 46240, (317) 569-9600. EXHIBIT A Lel!al Description of Real Estate Cherrv Tree Grove A part of the West Halfofthe Northeast Quarter of Section 22, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest comer of the Northwest Quarter of said Northeast Quarter Section; thence North 00 degrees 02 minutes 39 seconds East along the West line of said Half Quarter Section 45.00 feet to the Centerline of Cherry Tree Road and the POINT OF BEGINNING of this description; the next four (4) calls being on and along said Centerline; 1.) North 16 degrees 49 minutes 55 seconds East 52.54 feet; 2.) North 26 degrees 58 minutes 46 seconds East 132.80 feet; 3.) North 35 degrees 39 minutes 22 seconds East 81.80 feet; 4.) North 38 degrees 16 minutes 40 seconds East 102.55 feet to the Southwest comer of the property described in Instrument No. 2001-36075 in the Office of the Recorder of Hamilton County, Indiana; the next three(3) calls being on and along the South, East and North lines of said real estate; I.)North 89 degrees 55 minutes 33 seconds East 469.84 feet; 2.)North 00 degrees 55 minutes 09 seconds West 225.57 feet; 3.)South 89 degrees 55 minutes 33 seconds West 288.06 feet to a point on aforesaid Centerline; thence North 36 degrees 58 minutes 51 seconds East along said Centerline 154.16 feet to the Southwest comer of the real estate described in Instrument No. 2000-51124 in said Recorders Office; thence North 89 degrees 55 minutes 33 seconds East along the South line of said Real estate 861.04 feet to the East line of said Hal f Quarter Section; thence South 00 degrees 01 minutes 00 seconds West along said East line 961.00 feet; thence South 89 degrees 29 minutes 02 seconds West 810.89 feet; thence North 00 degrees 30 minutes 58 seconds West 323.49 feet; thence North 89 degrees 48 minutes 55 seconds West 269.02 feet; thence South 05 degrees 50 minutes 55 seconds West 20.49 feet; thence South 89 degrees 40 minutes 48 seconds West 233.46 feet to the place of beginning, containing 20.442 acres, more or less. BDDBOI 4542895v2 "CHERRY TREE GROVE" SITE LOCATION MAP FILE COp-y COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE RDJ Land Development, LLC (the "Develope{') makes the following commitments to the Carmel City Council (the "Council") regarding the use and development of the following described real estate (the "Real Estate") located in Hamilton County, Indiana: Section 1. Description of Rcal Estate: See attached Exhibit "A". 200600071293 Filed ror ~ecord in HAMILTON COUNTY, INDIANA JEHHIFE~ J HAYDEH 11-30-200~ At 03:55 PM. MISe 19.00 Section 2. Petition: 060600] 6 Z Section 3. Statement of Commitments: These commitments shall run with land, be binding on the Developer of the Real Estate, subsequent owners of the Real Estate and other persons acquiring an interest therein. A. The number of homes On the Real Estate shall not exceed 34. B. The Real Estate shall b.e developed in substantial compliance with the site plan attached hereto as Exhibit "8." C. Homes built on the Real Estate shall comply with the architectural standards attached hereto as Exhibit "C." D. No more than 25% of the homesite labeled as Lot 34 (the "Conservancy Lot") On Exhibit "B" shall be disturbed. The existing dliveway location shall be used for access to the Conservancy Lot. E. The detention pond shown in Exhibit B shall be lined with clay soil. F. Vinyl siding shall not be used. G. The Develuper agrees to extend a 10' asphalt pedestrian trail thruugh the common area in the southeast comer of the Real Estate for the purpose of making a trail connection to the east with the developer of property abutting and to the east of the Real Estate. Se;:tion 4. Modification of Commitments These commitments may be modi7ied or tenninated only by a decision made by the Carmel City Council at a public heating after notice has been given in accorda.,ce with the City Council's Rules of Procedures. I , , ! Page I of5 Section 5. Effective Date The commitments contained herein shall be effective upon the approval of Petition 06060016 Z and shall continue in effect until modified or tenninated by the Cannel City Council. Section 6. Recording The undersigned hereby authorizes the Secretary of the Council to record these commitments in the Office of the Recorder of Hamilton County, Indiana, upon approval of Petition 06060016 Z, Section 7. Enforcement These commitments may be enforced by the City Council of the City of Cannel, Hamilton County, Indiana, IN WITNESS WHEREOF, CR White Development, LLC, has caused this commitment to be executed as of the /9 day of Z4>~006.~ .~ _~..~ ~W~ RDJ Land Development, LLC By: Chris White Its: _MI'""bd . (Title) STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON) Before me the undersigned, a Notary Public in and for said County and State, personally appeared eJ.,rt'5f,J>J."" 1< wL,,~<:. ,who having been duly sworn acknowledged the execution of the foregoing Commitments. Witness my hand and Notarial Seal thisfday Of~, 2006. L aiv;'j~ t. d~G , ( My Commission Expires: Notary Public (I NOPTATRICIA E, WEIMER t ", My PUBLIC I It;? Yj; ", RES, M'\HION CONDIANA Printed !Pil'1tr, ;,Mff MSY Comn"ssion E~p~TY R 'd'" eptemoer "1 es est mg III fI ~ ~ ,2012 { affirm, umit,r the penalties for perjnry, that I have taken reasonable care to redact each Soda! Security number in this document, unless required by la's: Matthew S. Skelton, This document W?S prepared by Matthew S. Skelton, Attomey at Law, Baker 8:. Daniels, LLP, 600 East 96th Stre!;'t, Suite tOU, Iildianapolis. Indiana 411240, (3 17) 569-9600, Page2of5 EXHIBIT A LEGAL DESCRIPTION A part of the West Half of the Northeast Quarter of Section 22, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest comer of the Northwest Quarter of said Northeast Quarter Section; thence North 00 degrees 02 minutes 39 seconds East along the West line of said Half Quarter Section 45.00 feet to the Centerline of Cherry Tree Road and the POINT OF BEGINNING of this description; the next four (4) calls being on and along said Centerline; I.) North 16 degrees 49 minutes 55 seconds East 52.54 feet; 2.) North 26 degrees 58 minutes 46 seconds East 132.80 feet; 3.) North 35 degrees 39 minutes 22 seconds East 81.80 feet; 4.) North 38 degrees 16 minutes 40 seconds East 102.55 feet to the Southwest comer of the property described in Instrument No. 2001-36075 in the Office of the Recorder of Hamilton County, Indiana; the next three(3) calls being on and along the South, East and North lines of said real estate; 1.)North 89 degrees 55 minutes 33 seconds East 469.84 feet; 2.)North 00 degrees 55 minutes 09 seconds West 225.57 feet; 3.)South 89 degrees 55 minutes 33 seconds West 288.06 feet to a point on aforesaid Centerline; thence North 36 degrees 58 minutes 51 seconds East along said Centerline 154.16 feet to the Southwest comer of the real estate described in Instrument No. 2000-51124 in said Recorders Office; thence North 89 degrees 55 minutes 33 seconds East along the South line of said Real estate 861.04 feet to the East line of said Half Quarter Section; thence South 00 degrees 0 I minutes 00 seconds West along said East line 961.00 feet; thence South 89 degrees 29 minutes 02 seconds West 810.89 feet; thence North 00 degrees 30 minutes 58 seconds West 323.49 feet; thence North 89 degrees 48 minutes 55 seconds West 269.02 feet; thence South 05 degrees 50 minutes 55 seconds West 20.49 feet; thence South 89 degrees 40 minutes 48 seconds West 233.46 feet to the place of beginning, containing 20.442 acres, more or less. Page 3 of5 EXHIBJT B W > o ~ u Wz W~ ~~ ~o... ~~ ~U) ~ W J:: u ~ i jl' <tti!li. ~ q '<J':- 111! ~H 'oj 'I I ! ~. , , :. ~Il "' !~ o ( l EXHIBIT C ARCHITECTURAL STANDARDS STRUCTURE AND DESIGN STANDARDS AND PROVISIONS Buildings shall maintain a consistent architectural style, in both form and trim, throughout. The trim shall be present on all sides of the building, as appropriate. Appropriateness shall be defined as utilizing features and forms that are considered typical to the chosen architectural style, and shall be determined by staff review. All building elements are subject to the most current edition of the Indiana Building Code. A. WINDOWS 1. At least two windows shall be present on each far;ade, and each occupied level, as architecturally appropriate. One window shall be permitted on half stories. 2. All windows, on all sides of the house, shall have trim as architecturally appropriate. B. ENTRYWAYS 1. Entryways shall be clearly visible and shall be the dominant feature of the front far;ade, or the side facade. 2. Porches shall be a minimum of six feet deep, and shall be provided where architecturally appropriate. C. CHIMNEYS I. Chimneys shall extend fully to the ground, and above the eaves, if external. 2. Chimneys shall be made of masonry or stucco material or panels, or material with a similar, durable appearance. 3. "Shed-style" or bump-out chimneys shall not be permitted. D. GARAGES 1. Garages shall not be the dominant feature of the front facade 2. If off-set or side-loading (courtyard loading), the far;ade facing the street shall have at least one window. 3. The garage, if front-loading, shall comprise no more than 30% of the main front far;ade. E. ROOFLINES 1. Roofs shall have minimum 12" overhangs, on all sides of the stmcture, if architecturally appropriate. F. MATERIALS 1. If more than one material or color is used, the transition between materials and/or colors shall be logical, i.e. to highlight an architectural feature. If a material such as brick or stone is used on the front far;ade but not the side facades, a logical transition with trim, such as quoins, shall be provided. Vinyl siding, if used, shall not be less than 0.048 thickness. Aluminum siding shall not be used. Page 5 of 5 BDDB014588819\'1 Exhibit C CITY OF CARMEL ARCHITECTURAL STANDARDS STRUCTURE AND DESIGN STANDARDS AND PROVISIONS Buildings shall maintain a consistent architectural style, in both form and trim, throughout. The trim shall be present on all sides of the building, as appropriate. Appropriateness shall be defined as utilizing features and forms that are considered typical to the chosen architectural style, and shall be determined by staff review. All building elements are subject to the most current edition of the Indiana Building Code. A. WINDOWS 1. At least two windows shall be present on each fa9ade, and each occupied level, as architecturaiiy appropriate. One window shall be permitted on half stories. 2. All windows, on all sides of the house, shall have trim as architecturally appropriate. B. ENTRYWAYS 1. Entryways shall be clearly visible and shall be the dominant feature of the front fa9ade, or the side facade. 2. Porches shall be a minimum of six feet deep, and shall be provided where architecturally appropriate. C. CHIMNEYS 1. Chimneys shaii extend fuiiy to the ground, and above the eaves, if external. 2. Chimneys shaii be made of masonry or stucco material or panels, or material with a similar, durable appearance. 3. "Shed-style" or bump-out chimneys shaii not be permitted. D. GARAGES 1. Garages shall not be the dominant feature of the front facade 2. If off-set or side-loading (courtyard loading), the fa9ade facing the street shaii have at least one window. 3. The garage, if front-loading, shaii comprise no more than 30% of the main front fa9ade. E. ROOFLINES 1. Roofs shall have minimum 12" overhangs, on aii sides of the structure, if architecturaiiy appropriate. F. MATERIALS 1. If more than one material or color is used, the transition between materials andlor colors shall be logical, i.e. to highlight an architecturai feature. If a materiai such as brick or stone is used on the front fa9ade but not the side facades, a logical transition with trim, such as quoins, shall be provided. Vinyl siding, if used, shaii not be less than 0.048 thickness. Aluminum siding shall not be used. HDDBOI 4473392\'] CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF RDJ LAND DEVELOPMENT TO REZONE PROPERTY LOCATED ON THE EAST SIDE OF CHERRY TREE ROAD, SOUTH OF 146TH STREET PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-498-06 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Plan Commission offers you the following report on the application (Docket No. 06060016 Z) of RDJ Land Development, petitioning the Commission for a favorable recommendation to rezone 20.44 acres located on the east side of Cherry Tree Road, south of l46th Street from Sl/Residential to S2/Residential to allow for low-density, single-family residential development. The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE." At its regularly scheduled meeting on September 19,2006, the Carmel Plan Commission voted seven (7) in Favor, one (1) Opposed (Schleil), zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-498-06 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7- 4-608(1)(4), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the ComIl}ission. Ninety days from the date of this Certification (September 29, 2006) is Wednesday, December 27, 2006. Received OCT 9 2006 CARMEL PLAN COMMISSION :P' ~rry R mona Hancock, Secretary Carmel Plan Commission Dated: September 29, 2006 2006-0929; 2-498-06 CHERRY TREE GROVE CERTIFICATION Receivl1;~. OCT 9 rY'~~ Ctumel CINt- Treasurer 14558 Cherry Tree Road Carmel, IN 46033 844-5372 October 16, 2006 Carmel City Council City of Carmel One Civic Square Carmel, IN 46032 RE: Docket No. 06060016Z: Cherry Tree Grove Rezone We would like to show our support to CR White Development, LLC and RDJ Homes in their request to rezone the 20.44 acres just south of our property. The plans for Cherry Tree Grove would affect us more than any other homeowner due the amount of footage that our five acres has in contact with this planned subdivision. Although we would prefer not to have this area developed at all, the proposal that CR White Development is suggesting, will enable Cherry Tree Road to remain the tree-lined, quaint street that it has always beeri. They have assured us that the majority of the existing trees will remain and we are confident that their interests lie in protecting this natural area. We ask that the Carmel City Council approve CR White Development's request to rezone this area from 51 to 521. We also ask that the Carmel City Council review the site plan for Cherry Tree Grove and approve it in a timely manner. Several of our neighbors with small children would like this project to begin this winter so that the dust, noise, truck traffic etc. would be completed prior to next spring/summer. This would also be advantageous for the numerous bicyclists that use Cherry Tree Road on a daily basis. Thank you in advance for your timeliness in this matter. Dottie & Jeff Brisley