HomeMy WebLinkAboutDept Report 09-17-02
City of Carmel
CARNIEL/CLA Y PLAN COMMISSION
-MEMORANDUM-
Date: September 11,2002
To: Plan Commission Members
From: Jon C. Dobosiewicz
Department of Community Services
Re: September 17th Plan Commission meeting - Department Reports
Please find attached the Department Reports for the items contained on the agenda for the
September 1 ill Plan Commission meeting. A copy ofthe agenda has also been enclosed for your
convemence.
Also contained within this mailing is a packet for the Subdivision Committee. They will be
meeting on September 24th at 7pm in the DOCS conference room to discuss the proposed Use
Table and Definition amendments.
If you have any comments or questions please do not hesitate to call.
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ONE CIVIC SQUlI.RE
OJUvlliL, INDL\NA 46032
317/571-2417
CARMEL/CLAY PLAN COMMISSION
DEPARTMENT REPORT
September 17,2002
li. Docket No. 94-02 PP; Lakeside Park Subdivision (Primary Plat)
The applicant seeks approval to plat a 2l5-lot residential subdivision on 154.8* acres.
The site is located on the southwest comer of West 141 st Street and Towne Road. The
site is zoned S-1 (Very Low Intensity Residential).
The petitioner also seeks approval of the following Subdivision \Vaivers:
94-02a SW sea 6.3.15 minimum street radius
Filed by Dennis Olmstead of Stoeppel~erth & Associates, Inc. for Roehling Enterprises.
The applicant is proposing a 215-10t subdivision. Please see the informational packet provided by
the applicant prior to the August 20th Public Hearing.
The Subdivision committee met September 3rd to discuss this request. They voted 5-0 to
fOlWard the item back to the full Plan Commission with a favorable recommendation subject to
the revision of the proposed roadway commitments (see attached).
The Department recommends that the Plan Commission approve the subdivision waiver
request.
Pending the approval of the Waiver the Department recommends that the Plan
Commission approve the Primary Plat., as amended, subject to the foHowing conditions:
1. The recording of tbe commitment concerning the use and development of the real
estate regarding required ro~cI imprnve:ments.
Note: Written findings are required for action on both the Subdivision Waiver and Primary Plat.
Background Information:
As the commission may recall a subdivision request was filed last winter on this same property.
It was named The Hamptons. That request was ultimately withdrawn. The current proposed
plan reflects the same connectivity provided in the previous plan with more significant changes
to minor residential streets. Specifically, the main north/south roadway serving the subdivision
stubs to ultimately provide for the connection of 13151 Street with 14151 Street in the future. The
roadway completes the segment between the proposed Lakes at Hayden Run and 141,1 Street.
The Commission has seen this connection in the approved Lakes and Ridge at Hayden Run
Subdivisions. The Thoroughfare Plan supports these connections. This segment would
ultimately be one portion of a roadway that will connect new developing areas between 126tl1
Street and 146t11 Street to the north. In addition, this subdivision also provides for a portion of the
east extension of 136tl1 Street between Towne Road and Shelbome Road.
COMMITMENT: CONCER.~NG THE
USE AND DEVELOPMENT OF REAL ESTATE
The undersigned, Roehling Enterprises Inc., (hereafter "Roehling"), the contract
purchaser ofthe real estate located in Hamilton County, Indiana, and more particularly described
in what is attached hereto and incorporated herein by reference as Exhibit "A" (the "Real
Estate"), makes the following cOrmnitments, ("Commitments"), to the Carmel/Clay Plan
Commission, (the "Commission"), of the City of Cannel, Indiana, ("City"), concerning the use
and development of the Real Estate. Primary plat approval granted under the Docket Number
(hereinafter defined) is subject to and conditioned upon compliance with these Commitments:
1. Definitions. The following additional definitions shall apply through out these
Commitments:
a) "Docket Number" shall mean and refer to Docket Number 94-02 PP under
which Roehling has filed an application for primary plat approval
pertaining to the Real Estate.
b) "Maximum Road Improvements" shall mean and refer to (i) the addition
of 15' of pavement, and curb and gutter, to the west side of that segment
of Towne Road contiguous with the Real Estate, and (ii) the addition of 3'
of pavement and curb and gutter on the south side of that segment of 141 st
Street contiguous with the Real Estate.
c) "Minimum Road Improvements" shall mean and refer to (i) the addition of
3' of pavement and a 3' stone shoulder to the west side of that segment of
Towne Road with is contiguous with the Real Estate, and (ii) the addition
of 3' of pavement and a 3' stone shoulder to that segment of the south side
of 141 st Street which is contiguous with the Real Estate.
2. Statement of Commitment. Roehling commits to do one of the following, in
Roehling's sale discretion.
a) The installation ofthe Maximum Road Improvements; or
b) The installation of the Minimum Road Improvements, and the payment of
a cash contribution, ("Cash Contribution"), to the City. The Cash
Contribution shall be in an amOlmt equal to the difference of the costs of
the Maximum Road Improvements minus the costs of the Minimum Road
Improvements and based upon cost estimates prepared by Roehling's
engineer to construct the Minimum Road Improvements and the
Maximum Road Improvements as of the date of these Commitments and
accepted by the Department of Community Services of the City,
("DOCS"), and the City Engineer.
The Cash Contribution, if elected by the Owner, shall be paid on the basis of completion
of the development along 141 sl Street and along Towne Road and shall be in an amount equal to
the Cash Contribution, multiplied by a fraction (i) the denominator of which is the total lineal
feet of the Maximum Road Improvements and (ii) the numerator of which is the number of lineal
feet of frontage developed on 141s1 Street (if included in Maximum Road Improvements) and
Towne Road. The roadway improvements provided for and contemplated by these Commitments
currently require and are subject to the approval of the Hamilton County Highway
Department/Hamilton County Commissioners.
Within three (3) years, (one thousand ninety-five (1,095) days) after the payment of each
installment of the Cash Contribution, the City, in conjunction with the Hamilton Cm.mty
Highway Department, (if the roadways are not annexed into the City at the commencement of
construction), shall utilize the installment of Cash Contribution paid pursuant to these
Commitments and other similar commitments to improve roadway intersections located at 131 st
Street and Towne Road and other intersections that are within a one (1) mile radius of the Real
Estate.
Owner shall make all reasonable efforts to obtain additional right-of-way on the south
side of 14151 Street fi:om the real estate commonly known as the "Tyner Farm" and to construct
3' of pavement and curb and gutter within the right-of-way. A credit shall be allowed equal to
the cost of any right-of-way and roadway improvements constructed along 141 st Street adjacent
to the Tyner Farm.
3. Binding on Successors and Assigns. These Commitments are binding upon
Roehling, its successors and assigns to the ownersbip of the Real Estate. These Commitments
may be modified or terminated only by a decision of the Conunission made at a public hearing
after notice as provided by the Rules of the Commission. The foregoing notwithstanding, these
Commitments shall terminate upon the recordation of a secondary plat as to the parts of the Real
Estate described herein.
4. Effective Date. The commitments contained herein shall be of no force and effect
until the occurrence of all ofthe following.
a) The approval of the plat request under Docket Number 94-02 PP; and
b) The acquisition of title to the Real Estate by (i) Roehling, (ii) by
Roehling's grantees, successors or assigns; and/or (iii) by any person or
entity who commences development of the Real Estate pursuant to
approvals under Docket Number 94-02 PP; and
c) The commencement of the development of the Real Estate pursuant to
approvals obtained under Docket Number 94-02 PP.
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5. Annexation. Roehling and/or the subsequent owners of the Real Estate hereby
consent to the annexation of the Real Estate to the City of Carmel, Indiana, and hereby
irrevocably assign to the City of Carmel, Indiana, the right to proceed with a consensual
a1U1exation of the Real Estate pursuant to I.C. 36-4-3-5.1 et. seq.
6. Choice of Law. These Commitments and the enforceability of these
Commitments shall be governed by and constJ;Ued in accordance with the Laws of the State of
Indiana, in effect as afthe date of execution of these Commitments.
7. Recording. The undersigned shall record these Commitments in the Office of the
Recorder of Hamilton County, Indiana, upon the granting of primary plat approval under the
Docket NlU11ber.
EXECUTED this _ day of
,2002
ROEHLING ENTERPRISES, INe.
By:
Raymond H. Roehling, President
STATE OF INDIANA )
) SS:
COUNTY OF HMHLTON )
BEFORE ME, a Notary Public in and for said County and State, personally appeared
Raymond H. Roehling, President of Roehling Enterprises Inc., who acknowledged the execution
of the foregoing Commitments for and on behalf of said Corporation.
WITNESS my hand and Notarial Seal this _ day of
,2002.
Notary Public, Signature
Printed Name
My Commission Expires: Residing in County
Prepared by Paul G. Reis, Drewry Simmons Pitts & Vomehm, LLP, Suite 1200, 8888 Keystone
Crossing, Indianapolis, Indiana 46240.
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