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Home My WebLink AboutZ-504-07 Trillium Towne Rd/126th-131St. S-1 to S-2 ... (,' SPONSOR: COUNCILOR RICK SHARP ORDINANCE Z-504-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, CHANGE OF ZONING CLASSIFICATION, REZONING OF 32.45 ACRES OF REAL ESTATE, WEST OF TOWNE ROAD, BETWEEN I26TH STREET AND I31ST STREET- FROM S-l/RESIDENCE TO S-2/RESIDENCE ZONING CLASSIFICATION WHEREAS, pursuant to Indiana Code 936-7-4-600 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 codi fied in Chapter 10 of the Carmel City Code; and WHEREAS, pursuant to the Indiana Code 936-7-4-602, the Common Couneil IS authorized to amend the map that is part ofthe Zoning Ordinance; and WHEREAS, the Carmel Plan Commission has rendered an unfavorable 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"). . . 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-I/Residence zoning classification to the S-2/Residence 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 Section II: All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed.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. PASSED by the Common Council of the City of Carmel, Indiana, this d. \ s~ day Of~ 2007, by a vote of 7 ayes and 0 nays. - I - COMMON COUNCIL FOR THE CITY OF CARMEL ~p, p ~ <:: ---- J:LD . VVk c).. a" M,yo y ~WP~ ~dj ~'h"'ltff .:"'11 sf ex day of Presented by me to the Mayor of the City of Carmel, Indiana this "rf\~ ' 2007, at 7: 05 L.M. \ Diana L. Cordray, lAMe, Cler -.$+ Approved by me, Mayor of the City of Carmel, Indiana this d I Y<)o.o ,2007, at 7: O~ L.M. ATTE~ Diana L. Cordray, IAMC, Clerk T. day of Prepared by: Steven D. Hardin, Esq., Baker & Daniels, LLP, 600 East 96th Street, Suite 600, Indianapolis, IN 46240 - 2 - EXHIBIT A LEGAL DESCRIPTION "TRILLIUM" Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, described as follows: Beginning on the South line of the Southeast Quarter of Section 29, Township \8 North, Range 3 East 135\.40 feet South 89 degrees 03 minutes 05 seconds West (assumed bearing) from the Southeast corner of said Southeast Quarter; thence North 00 degrees 56 minutes 55 seconds West 8.00 feet; thence North 52 degrees 42 minutes 19 seconds East 14.45 feet; thence North 23 degrees 04 minutes 39 seconds East 27.27 feet; thence North 00 degrees 24 minutes 3\ seconds West 1453.\0 feet; thenee South 89 degrees 25 minutes 00 seeonds West parallel with the North line of said Southeast Quarter 107.69 feet; thence North 00 degrees 1\ minutes 13 seconds East 1138.58 feet to a point on the North line of said Southeast Quarter which is 1443.58 feet South 89 degrees 25 minutes 00 seconds West of the Northeast eorner of said Southeast Quarter; thence South 89 degrees 25 minutes 00 seconds West on said North line 393.42 feet; thenee South 00 degrees 07 minutes 05 seconds West 1193.76 feet; thenee South 88 degrees 41 minutes 35 seconds West \53.46 feet; thence South 00 degrees 34 minutes 29 seconds East 1441.57 feet to the South line of said Southeast Quarter; thence North 89 degrees 03 minutes 05 seconds East on said South line 627.20 feet to the place of beginning, containing 32.447 acres, more or less. - 3 - COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL EST A TE Adams & Marshall Homes, Inc. (the "Developer") 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 Real Estate: See attached Exhibit "A". 2007028298 MISC $39.00 OS/23/2007 02:06:43P 14 PGS Jennifer J Hayden HAMILTON Counly Recorder IN Recorded as Presenled Section 2. Petition: 06100023 Z Section 3. Statement of Commitments: These commitments shall run with the land, be binding on the Developer of the Real Estate, subsequent owners of the Real Estate and other persons acquiring an interest therein. A. Only single-family detached residential dwellings and residential accessory structures, as permitted by the S-2/Residence zoning district of the Carmel Zoning Ordinance, shall be permitted. B. The number of homes on the Real Estate shall not exceed fifty-seven (57). C. Lots shall have a minimum lot width of seventy feet (70'). D. The Real Estate shall be developed in substantial compliance with the site plan (the "Site Plan") attached hereto as Exhibit "B." E. Homes built on the Real Estate shall comply with the architectural standards attached hereto as Exhibit "c" and shall be substantially similar in quality and character as the Illustrative Home Elevations attached hereto as Exhibit "D." F. Homes built on the Real Estate shall include a first floor masonry wrap. No vinyl siding shall be permitted. G. The Real Estate shall comply with the Perimeter Buffering standards of the Carmel Zoning Ordinance (Chapter 26.04). Perimeter Buffering planting shall be located within a common area, as shown on the Site Plan, and shall be installed and maintained by the Real Estate's Homeowners' Association. H. An increased number of Perimeter Buffering plantings shall be installed along the perimeter of the Real Estate at the location identified as "Enhanced Buffer Area" on the Concept Plan. The Enhanced Buffer Area shall include a minimum of twenty- six (26) trees per one hundred lineal feet (100'), including a minimum of three (3) shade, three (3) ornamental and twenty (20) evergreen trees planted in a double BDDB014691378v5 staggered row. Evergreen trees shall be a minimum of eight feet (8') tall at planting. The Developer shall work with the Herbisons in the selection and final placement of said buffering plantings. I. The Real Estate shall comply with the open space standards of the Carmel Subdivision Control Ordinance (Chapter 7). At a minimum, the existing woodlands identified on the Tree Preservation Exhibit, attached hereto as Exhibit "E", shall be designated as open space in the Open Space Conservation Plan submitted with the primary plat. 1. All homes shall be one or one and one-half story. K. All lots shall have a minimum lot landscaping package as shown on the Trillium Typical Lot Landscaping exhibit, attached hereto as Exhibit "F". The minimum number of plantings shall be as shown, however, the location of the plantings shall be permitted to vary. 1. Street signs and streetlight poles and fixtures utilized on the Real Estate shall complement the quality and style of those illustrated by the attached Exhibit "G". Street lights shall have optical controls that limit the distribution of light in a primarily downward direction to prevent excessive skyward lighting. An example of an optical control alternative are acorn cutoffs (caps) shown in Exhibit "G". M. Wood fencing shall be prohibited adjacent to the Herbisons' property, located to the west of the Real Estate. N. Developer agrees to install a mounding and/or landscaping screening at the 13151 Street entrance to minimize car headlight spill onto the Herbisons' property, located to the west of the Real Estate. O. Developer agrees to provide any excess dirt from the Real Estate to the Herbisons at no charge, including hauling and spreading. P. Drainage. The Real Estate shall be developed so that there will be no general sheet drainage on to lands adjoining the Real Estate. All storm water runoff shall be treated as required by law. The drainage plan proposed for the Real Estate, once developed, will be designed in furtherance of the objective that, while accepting storm water runoff from adjoining properties, the Real Estate, once developed, will not sheet-drain on adjoining properties as it currently does and, as such, there will be no general sheet drainage onto properties adjoining the Real Estate. Section 4. Modification of Commitments These commitments may be modified or terminated only by a decision made by the Carmel City Council at a public hearing after notice has been given in accordance with the City Council's Rules of Procedures. BDDBOl4691J78v5 Section 5. Effective Date The commitments contained herein shall be effective upon the approval of Petition 06100023 Z and shall continue in effect until modified or terminated by the Carmel 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 06100023 Z. Section 7. Enforcement These commitments may be enforced by the City Council of the City of Carmel, Hamilton County, Indiana. IN WITNESS WHEREOF, Adams & Marshall Homes, Inc., has caused this commitment to be executed as of the ~l& day of M^'t ,2007. ~ - p ~~. Adams & Marshall Homes, Inc. . By: Its: "fR,ES lCe.tvT (Title) STATE OF INDIANA ) ) SS: COUNTY OF HAMIL TON ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared C. vJuJ...i ~ kAM""- -;;r-, who having been duly sworn acknowledged the execution . of the foregoing Commitments. Witness my hand and Notarial Seal this~ day of ~, 2007. ~~ My Commission Expires: g -/0-;2011 Notary Public Printed Li VIda 12 , S/A..afi2e/ Residing in ~ County 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: Steven D. Hardin. This document was prepared by Steven D. Hardin, Attorney at Law, Baker & Daniels, LLP, 600 East 96~' Street, Suite 600, Indianapolis, Indiana 46240, (317) 569-9600. BODBOI 4691378v5 site plan T rilli 11111 A Maintained Ldestyle Community EXHIBIT B TRILLIUM CARMEL, INDIANA April 2, 2007 D 70' wide lots o 80' wide lots SITE = 32.447Ac.:1: 57 units l.75u/a 1O.OAc.:1: Open Space (30.8% not including pond area) , >. ;;;,.:." JX"'""l; ~ Sl4<ppduwdA J: a.,..aau., 3",- tOl<SlJllIN~ENGINEE~ lAHPstIlVl!lClAS 126th STREET (,"'..0.-........,,,,,........ "..'..T'..""""'..,.H.......Nb'_....... 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 I. At least two (2) windows shall be present on each fayade, and each occupied level. One (1) 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 fayade, 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 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 I. If off-set or side-loading (courtyard loading), the fayade facing the street shall have at least two (2) windows. E. ROOFLINES I. Roofs shall have minimum twelve-inch (12") overhangs, on all sides of the structure, if architecturally appropriate. F. MATERIALS I. 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. Aluminum and vinyl siding shall not be used. BDDB014691378v3 '""""~..... ":"1c^_~""';...-_,.....",,-. I , EXHIBIT D ~.,. .' . tth" ..:.... , . .. . ~:........ .j I J ( j I I 1 11 .' ~ } e,l: \,;. l' ) l \ ! :' EXHIBIT E tree preservation exhibit T rill ill 111 A Main tained Lifestljle ComlTIunitlj 2006 AERIAL PI-IOTO t I TREE PRESER V A TION KEY . TREES TO CONSERVE/PRESERVE fi\TREES TO FURTIIER EVALUATE TO CONSERVE/PRESERVE ~ OR POSSIBLE TRANSPLANT ONSITE --~,~) , (FURllIER EVALUATION WILL OCCUR FOR THE OPEN SI'ACECONSERVATION rLAN AS ['ART OF THE PRIMARY PLAT PENDING A TREE INVENTORY AND STAKE SURVEY) , pond 1 , ~,"~;,; HI, .,' 'Vi' 126th STREET SWppdwatft J: Cl.""cialM,:I.... CONSUlTING fNGINEERS L~NO Sl.tl~EVORS ""I......" ,..."1>"...._.." ...,.." "''''''c"'.'''"."'.'~O.."A''O:JO ...... <:> <:> N c..j ~ en w ::;; o :I: --' --' <C :I: en c:: <C ::;; cd en ::;; i3 <C @ 24. lIiRU 48. SHRUB (7 TOTAL) MULCH BED VAAIOUS PlANTING YAAOS ARE TO BE SODED TREE AND SHRUB lOCATIONS \\Ill VAAY PER CUSTOMER REQUESTS NOT SHO\\t-l AAE REQUIRED STREET TREES AND PERlMffiR lANDSCAPE BUFfER 70'-0. TYPICAL lOT \\IDlIi ,------------------------- EXHIBIT F SHADE TREE 2 1/2. CAUPER ORNAMENTAL TREE 2 1/2. CAUPER ORNAMENTAl TREE 1 1/2. CAUPER !ll ;E ill Q .... 9 24. lIiRU 48. SHRUB (6 TOTAl) ~ ~ t:J I!'I5 ~~ 15'-' ~~ z_ 25_ 6 . Q I 1!i 24. lIiRU 48. SHRUB (14 TOTAl) ~- SH/JlE TREE 2 1/2. CAUPER -----------------~ !TRILLIUM TYPICAL LOT LANDSCAPING I SCALE: 1" = 15'-0" u1 .. ~, ::;; .. If)O IU ..tlf) ~~? OOOl ~ <(D >-, )-IU <(ii: ~z t/)IU ZIU ot/) f::llZ <( O,~ U IL "' ozz -'::l0 -'Of:: 1i.j:3I-D I-I-IUZ OU::lO Z<(DU liJo , ~<J) ~ t=; ~ ;;'S.z'<t 1 :'f z'<t o-m ii1<fi''<t IU-CC "l ::;;O.t ~ .~'<t z-cc oz~ 'S _:'f l'- <<lO- O)~~ z ~ ::; ~ lL --' lU ~ lL I- < U If) o z ::; lU ..~ 5< --'Z . . '. . ~;J:C.i4iO..~~'':--l:''''';'~;7'?l~,-".-,"";<<~-;,1t.,;Ji'~~_j,-~~.,,,s~.,;;~~.6:~.:::..~~r.:''-' -~,::.,;o;;:::::.;.~~.2,;;;;,~~~~~~;-'~.:f:r*r~""" 1 EXHIBIT G EXAMPLE OPTICAL CONTROL ALTERNATIVE ACORN CUTOFFS (STREET LIGHT CAP) EXHIBIT ). " 'j .~ ~ i ;;,1! ,~ ',I , i\ .~ II 1,1 ,!I , ~: ;; :,;!'i ..!- , , '1 .~! it <1 ;1 I. ,'; ,; " Ii , f " " '," ~ i'j .~ , ] ,. :j I 'I .~ , ;::- , i; .1 . " \ " I 1 . ;'.j ( . 3176BP H 38Y. W15% ~\\\TT ~ mV 3177BP H JaY. W 17% ~'\\\m~m, 3303OR& H27% W13% ~\\\TTM~X7l).or 33031R& H27~ W13% 'Mm\!lXm.w _'~-_'~'~~~....~,~.or:-~~_"7'-':""--:::':'-'_----_ '':"7..:,--:~~"",.::-'"_''1''_:-:_~_~";'_.__-_~-=>e:-.:<''-.''-~,''- -." .~~_.-,---- CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF ADAMS & MARSHALL TO REZONE PROPERTY LOCATED AT 2555 WEST 131sT STREET PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-504-07 . 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. 06100023 Z) of Adams & Marshall, petitioning the Commission for a favorable recommendation to rezone 32.45 acres located at 2555 West 131" Street, from S-l/Residential to S-2lResidential to provide for single-family residential development. The Carmel Plan Commission's recommendation on the petition of the applicant is "UNFAVORABLE." At its regularly scheduled meeting on March 20, 2007, the Carmel Plan Commission voted nine (9) In Favor, zero (0) Opposed, to forward to the Common Council the proposed Ordinance No. Z-504-07 with an UNFAVORABLE 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 Commission. Ninety days from the date of this Certification (March 30, 2007) is Monday, June 27, 2007. ?th !!?~~jl Ramolla Honcot , Secretary Carmel Plan Commission Dated: March 30, 2007 2007-0329; Z-504-07 TRILLIUM REZONE CERTIFICATION Received MAR 3 02007 Carmel Clerk.1'reasllrer