HomeMy WebLinkAboutPacket 08-07-07
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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
Subdivision Committee - August 7, 2007
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) 844-0106
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RECEWED
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TABLE OF CONTENTS
1. Explanation
2. Aerial Photographs
3. Rendering of Revised Plat
4. Rendering of Originally Proposed Plat
5. Plat and Tree Clearing Plan
6. Landscape Plan (Full Size)
7. Open Space / Tree Preservation Plan
8. Entry Detail and Cross Section of Meeting House Road
9. Architectural Commitments
10. Illustrative Elevations
H:\brad\Zoning & Real Estate MalleIs\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 I 16th Street. The perimeter of the real estate is outlined on the
aerial photograph included under Tab 2.
ME Development is requesting primary plat approval to permit a low-density,
upscale residential subdivision to be known as Clay Creek. A colored rendering of the
plat is included under Tab 3. As indicated, the plat allocates the real estate into 30 lots
and open space. In all, there are approximately 8.62 acres of open space in Clay Creek,
representing approximately 28.7% of the site.
As part of the proposed development, and pursuant to Carmel's Thoroughfare
Plan, ME Development has agreed both to dedicate and to construct a segment of the
eastern extension of Meeting House Road on the east side of Hoover Road. This
segment of Meeting House Road is identified on the rendering of the plat of Clay Creek
included under Tab 3, and a cross-section of this segment is included under Tab 8.
By way of general background, the public hearing of this matter originally
occurred before the Plan Commission on July 18, 2006, and was followed by a meeting
of the Subdivision Committee occurring in August, 2006. At that time, after conferring
with the City's Department of Engineering and TAC, we presented the plat included
under Tab 4 of this informational brochure, placing the extension of Meeting House Road
along the northern boundary of the 30 acres. Residents from the High Grove and Clay
Springs subdivisions to the north, however, opposed this location of Meeting House Road
along their southern boundary line. In an effort to balance and reconcile the many and
differing considerations about the location of Meeting House Road, we then had
numerous meetings with the Department of Community Services, culminating in the
revised plat included under Tab 3.
After the last Subdivision Committee meeting in 2006, and during our efforts to
revise the plat to balance and accommodate everyone's interests regarding the location of
Meeting House Road, we promised those attending the public hearing that, before we
returned to Subdivision Committee, we would again meet and review our plans. To this
end, a neighborhood meeting occurred on July 12,2007, during which the revised plans
were discussed. Those attending from the High Grove and Clay Springs subdivisions to
the north were very supportive of the revised plan and the relocation of Meeting House
Road.
Part of the site is wooded and, in connection with the proposed development, ME
Development has requested a waiver permitting the clearing of more than fifteen percent
(15%) of mature woodlands. ME must clear some of these woodlands located within the
path of the right-of-way of Meeting House Road. In addition, with respect to
approximately 9.6 acres of woodlands located outside of the right-of-way and within
Clay Creek, ME Development will preserve approximately 7.47 acres, and will clear
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approximately 2.13 acres. To mitigate, ME Development has committed to sufficient
reforestation so that the areas of reforestation, when combined with the 7.47 acres of tree
preservation, equals eighty-five percent (85%) of the mature woodlands existing on the
site today. To this end, ME Development will continue to confer with Scott Brewer, the
urban forester, for guidance with respect to reforestation.
ME has requested an additional waiver to permit a street concluding in a cul-de-
sac to be greater in length than 600 feet.
As mentioned, Clay Creek will be a low-density, upscale subdivision. To ensure
the upscale character of the residences, architectural commitments are included under
Tab 9. In addition, illustrations of the character of residences are included under Tab 10.
We look forward to presenting this matter to the subdivision committee on August
7,2007.
Respectfully submitted,
~) :)..c.- /'-~"1-
Charles D. Frankenberger
H:lBcckylZoning &. RcaI Eslate Matters\MHElHoover Road\EXPLANA nON OF REQUESn.doe
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SEPTEMBER 28. 2006
CLAY CREEK
Carmel, Indiana
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N.W. COR. S.E. 1/4 ,
McMaw
Deed Book 178
page 310
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Jack G. Sourwlne
and Patsy A. Sourwine
Insl. No. 9127634
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Fitzgerald
Deed Book 285 pg 470
0/'11
Proposed Meeling House Road
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OAT 5 AND EVlSIONS
5 1 07 Lend Ian revised ....1'. . CcnneI
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~C. 33-18-3 E
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RECORD LEGAL DESCRlI'TION
Erich K.. Lonl Family Umlled
rartnenhlp UA
In.t. No. 100000001311
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A port or the Sou.he..1 QuOlter or Section n, T own.hip 18 North, lUnge 3
East, describes as Collows:
Begin at the Northwest comer of said Quuter Section. fUMing thence East
1732.3 reet; thence South 682.43 reet; thence Wesl '74.4 feel; Ihence
North 188." reel;
thence Weslll" reel; thence North 493.86 feel 10 the place of beginning,
containing 22.12 acres more or leu, in Clay Township. Hamillon County.
Indiana. .
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ALSO, a '!rip 398.06 reet in width oIT or the enlire Easl .ide or Ihe
following described portion or the Southeast Quarter or Section 33,
Town.hip 18 North, Range 3 East, described .. rollows:
BegiMing al apoinl871 reel Soulh oflhe1"orthwest comer or.aid Quarter
Seclion; run thence East I I" feet; thence North 188.'7 feet; thence East
"4.4 reel; thence South 847.97 reet; thence Wes1398.06 feel; .hence
North 2".7 reel;
thence Wesl1328 reet; .hence North 446.6' reel 10 the place orbe8innin8,
the portion of said real estate being hereby 'conveyed contains 8.62 acres
more or less, In Clay Township, Hamilton ~ounly.lndiana.
SURVEY LEGAL DESCRlI'TION
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rart orthe Southeast Quarter or Section 33; Township 18 North, 1Un8e 3
Easl ofthe Second Principal Meridian, Clay Township, Hamillon County,
Indiana and being described as follows:
Beginning at the Northwest comer of said Southeast Quarter, said point
bein8 marked by a r.K. Nail round in place;
thence North 89 degrees 42 minutes 07 .econds East along the .oulh line or
said SOUlhea'l Quorter a distance or 1732.30 reet;
.hence Sou.h 00 degrees 17 minules 42 .econds West U30.'0 reel 10 the
northerly line or a tract or land conveyed 10 Edward B. Fitzgerald and
Nancy S. Fitzgerald by Trustee's Deed recorded in Deed Record Book 28',
page 470 in the Office of the Hamilton County Recorder;
thence South 89 degrees 32 minutes 02 seconcb West along the north tine
of Fitzgerald 398.10 ree.;
.hence North 00 degrees 17 minu.e. 42 .econds Eas. 845.97 reel;
thence South 89 degrees '0 minules 29 seconds Wes1175.89 reel;
Ihence North 00 degrees 01 minute. 06 .econd. Eas. 188.H reel;
thence Sou.h 89 degrees '0 minules 29 .econds Weslll S,.oo rcello the
West line of said Southeast Quarter;
thence North 00 degrees 01 minutes 06 seconds East aloD8 said West line
493.86 feet to the Point ofBegiMing and containing 29.971 acres more or
less.
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Subject to the right of way for Hoover Road and to all other legal
easements and rights of way of reCord.
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Tbe above described tract of land being the same as or eontained entirely
within thaltrael or land conveyed 10 THE ERICH K. LANG F AMIL Y
LIMITED PARTNERSHIP UA, a Colorado limi.ed partnership by
Warranty Deed recorded ..In.t. No. 200000002311 in the Office orlhe
Recorder of Hamilton County, Indiana.
F'RMCT N..... TIW
CLAY CREEK
CLAY OlEEK IS PROPOSED TO BE A 30 LOT SINGlE FAMIlY RESIOEHTI.L
SUlDlVlSICH CJrt 30 .eRE$. Au. OF' ue lOTS SHAll BE seMo 8Y
Ft.8L1C SEWER AN) WATER. TIE SANITARY SEWER WIll. B!-PROYICED BY
CLAY TCMNSHIP REGICtfAl WASTe DIsTRICT. TI€Y HAVE fUNS FOR
CG$TRUCTING A R1!GIOOAL t1TERCEPTOR SEWER ElltER TtR'UiH OR
ADJACENT lO THIS SlfE .. TlE NEXT YEAR OR SO <see ATTAOEO
LETTER). GRAVITY SEWER lItES WD..L BE EXTEMlED FRett THIS
OITfRCEP"" TO SEIlV! AU. CJ' TIE LOTS II THIS SITE.
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WATER WU BE: PROVlOEO BY CtrY r:I CAIltEL UrLITIES. .AN EXISTING
HAtl1S lOCATED AT TIE NORTHWEST COltER rw THIS SITE ALCNi
HOOVER Rt,AO. llGS ty." WU Bf EllEtClEO ACROSS AN) T'lfD.MiH
JHI!! SITe: TO SERVE All lOTS. TIE ruIN WIU. BE EXTe<<JEO TO TIE
EMml.Y AICJ so.mERlY 8CA.NI.lRIES rw nos SITE TO AllOW FOIl
ftJ'nR' El(f'ANSI(Irf INTO ACl.X)M<<; AREAS.
STOfMWATf:R IlJrfOf'F WIll. BI! CCl.lECTfO By \IUAGAOt.N) PIPES AN)
Cl>l'IE'fO TO CUY Com. wt4l'" flOWS _ TlE SITE FIlO1
NORT1f TO SllITH. WHILE SCJt! Rt.N7f WU DISCM4R'GE DIRECTlY .no
CLAY CRE!~ CET9ITOIIS PROPOSED A l TIE SOUTfEfIoI EfC) rI 1'tE
SHe IJr(J WU Be SIZED so mAl TIE TOTAl CE't'ROf'EDOtsowa
teTS ALL REG\l.AT(Rt AEQUlREHENTS.
GRAPHIC SCALE
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(Ill rnr)
1 Inch - 100 It.
LEGEND:
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Proposed Storm Se..,
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Propoled Sonnory Se..,.
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ldt. o' twlsllng Tn..
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DEVELOPER:
ME DEVELOPMENT COMPANY, INC.
55 MONUMENT CIRCLE
SUITE 201
INDIANAPOLIS, IN. 46204
(317) 264-1833
ENGINEER I SURVEYOR
EVERGREEN PLANNERS, LLC
234 S. FRANKLIN ROAD
INDIANAPOLIS, IN. 46219
(317) 353-6161
DEVELOPMENT SUMMARY:
TOTAL SITE AREA: 29.971 AC.
No. OF LOTS: 30
PROPOSED DENSITY: 30 I 29.971 = 1.0 LOTS/AC.
OPEN SPACE: 7.57 AC (25%)
ZONING: S-I/RESIDENCE DISTRICT
This ..1. does NOT loa wfthin 0 Spec'" F100cf Hazard koa '" F1oodwoy
Areo '" shown on the Flood rnsu,once Rot. Yap No. 1805 7C0205 F
dolod F.bruary 19, 2003.
8ENCHMAIlI<S:
t~ CuI")(" In North _ bdIln FIro Hjdranl on
__01__ ~IOl1_oICIortdgo
Fmn entrInce. EJIV. -893.38
2.) Top nul 01 FIro Hydrandl on _ oIdo 01_
_~t75"_olHIgh_"","-
E1w. -889.09
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M(;Maw
Deed Book 178
paGe 310
Jack G. Sourwine
and Palsy R. Sourwine
Ins!. No. 9127634
Existing Woodland
10.6 acres
Area to be cleared
Area to be reforested
GRAPHIC SCALE
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I lneh. 100 fl
Mature
3.13 ac.
0.10 ac.
TREE PRESERVATIONTE~
Orange construction rence/snow fence sholl be installed in areas
noled on leh plan to Insure lhol Ihe exlsing grade and vegelalion
in areas 10 be preserved is nal disturbed.
SITE DATA:
Total Area
Ex. Woodlands
Area to be cleared
Reforested area
Post Developed Open
Space/Woodland area
=29.97 ac.
10.6 ac.
3.13 ac.( 30%)
0.10 ac.( 1 %)
7.57 ac.
EROSION CONTROL AND SEQUANCE
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1.) Thl. .11. 10 10 b. dev.loped In on., .Ingl. .tcllon or pha...
2.) Prior 10 any land disturbing acllvlty, the contractor Is to eonoel thl HomRlon County son and Waf., Conservallon
District, th. Conn.1 City Engln..r" I Offlc. fa schedule a preconslrucflon ml.llng.
3.) InsloO ,nt ftnCI around thl perimeter of thl conslruclton or.a '0 keep runoff from 'eavlng 'h. sit..
4.) Cltar brush and "N' where Indlcotld.
5.) Strip ..I.llng v.g.tollon from .11. where required.
S.) Rough grad. .11. 10 :tS..
7.) Instan underground utlDtI.s. I... storm and JonUary sewer, and wal,r molns,
8.) In.lan curb., gull... and a.phalt pav.m.nt.
9.) flnl.h grad. all orea..
10.) S.ed and mulch on dl.lrub.d area. wllh p.nnan.nl ...dlng.
SOILS MAP
OAT N< VI I NS
6 19 08 Rev. Sit. Doto Tobl.
7 01 06 Chon ed Lot len Gnd c:1.orin or'os.
8 22 06 Mo....d Ue.tin Hous. Rd.. rev. lots
9 12/06 R.moved median from M..tinea House Rd.
6 01 07 Rev. locotion of U..tin Hous. Rood
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Plann,n. LlC
234 SOUTH fRANKLIN RD., INDIANAPOLIS, INDIANA
317/353-6161 fox 317/3530684
Scat.: 1-.250'
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february 7, 2007
06-05
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I See attached Tree Inventory for detailed
list of sizes and types.
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DATA:
DENSITY: 1190 TREES I 10.6 AC. =112 TREES lAC.
AsH 6%
CHERRY 10%
HACKBERRY 7%
MAPlE 50%
WALNUT 19%
OTHER 8%
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DATE AND REVlSI NS
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234 SOUTH fRANKUN RD., INDIANAPOUS, INDIANA 46219
I 317/353-6161 fall 317/3530684
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15'
35'
15'
4" SSD
1.5" HMA #11 Surface
2" HMA #8 Binder
3" HMA #5D Base
7" #53 Stone
4" #2 Stone
Proposed Meeting House Road
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 defmitions shall apply throughout these Commitments:
1. ARB: The Architectural Review Board established by the Developer in the Declaration
of Covenants.
2. 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.
3. Department. The Department of Community Services of the City of Carmel, Indiana.
4. Developer. ME Development Company, Inc., its successors and assigns.
5. 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, (iii) 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.
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6.
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.
7.
Lot. A parcel of land designated as such upon the Plat (as hereinafter defmed) upon
which there is constructed one (1) single detached home.
8.
Masonry. Brick, limestone, natural stone, synthetic or manufactured 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 and
stucco.
9.
Overhang. The portion of the roof structure that extends beyond the exterior framing
walls of a home.
10.
Permitted Exterior Building Materials. Masonry, wood, concrete fiber board, and EIFS.
11.
Plat. The subdivision plat or plats for the Real Estate recorded with the Hamilton County
Recorder.
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12. 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 Aoolicable 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 2(2)(B) immediately below, Masonry and EIFS 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 ten (10) of the residences with a Historical
Architectural Style.
3. Minimum Square Footage.
A. One-story homes shall have a minimum living area of 2,500 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, trim, detail items such
as columns, and roofs. Vinyl siding is prohibited as an exterior siding material; provided,
however, that vinyl clad windows are permitted.
5. Roof Pitch. The roof pitch on the main roofline shall be 6 feet vertical to 12 feet
horizontal, from front to back. The roof pitch on front gables shall be 8 feet vertical to 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.
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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 ridge line.
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 (18) inches in
height at the time of planting.
B. Front yard landscaping shall include at least 1 yard tree (2" minimum caliper
outside planting bed).
9.
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
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;
B. The removal of trees for public health and safety shall be allowed; and
C. The removal of trees for the installation of utilities shall be allowed.
10.
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'Yade, and each occupied level, as
architecturally appropriate; provided however, that (i) one window shall be
permitted on half stories, (ii) windows shall not be required on the sides of front-
loaded garages and (iii) a vent may be substituted for a window on a gable.
F. All windows, on all sides of the house, shall have trim as architecturally
appropriate.
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G. Porches shall be a minimum of six feet deep.
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 3 notwithstanding, these
Commitments shall terminate 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 per the primary plat approved
under Docket No. 06050020 PP.
Section 5. Recordine. 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:
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
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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:1BeckyIZoning &. Real Estate Mallen;\MIIE\Hoo= RoadICommitmenIs 071607.doc
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EXHIBIT" 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.
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H:\Ilccky1Zoning & Jb:al EsIa1c MaucnlMHElH"""" RDadlCommilmcnls 071601.doc
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