HomeMy WebLinkAboutDept Report 09-03-02
CARM:EL/CLA Y PLAN COMMISSION
SUBDIVISION COMMITTEE
DEPART~NTREPORT
September 3, 2002
2. Docket No. 94-02 PP; Lakeside Park! Subdivision (Primary Plat)
The appljcant seeks approval to plat a 2l5-10t residential subdivision on 154.8:1:: acres.
The site is located on the southwest comer of West l415t Street and Towne Road. The
site is zoned S-l (Very Low Intensity Residential).
The petitioner also seeks approval oftlle following Subdivision ~Waivers:
94-02 a SW seo 6.3.15 minimum street radius
Filed by Dennis Olmstead of Stoeppelwerth & Associates, Inc. for Roehbng Enterprises,
Inc.
The appbcant is proposing a 215-10t subdivision. Please see the informational packet provided by
the applicant to view the layout of the lots and the areas provided as open space.
Enclosed please find a copy of the following as requested at the Public Hearing on August 20:
1. A draft commitment addressing the Subdivision Control Ordinance (SCO) as it relates to
road improvements and confortnance with the. Thoroughfare Plan. The commitment is in a
similar format to the ones prepared for other subdivisions approved in the area including the
Lakes and Ridge at Hayden Run subdivisions.
2. A revised landscape plan.
3. A complete copy ofthe Traffic Study completed this spring.
Based on the satisfactory resolution of any questions resulting form a review of the above-
mentioned items at the Committee level, the Department is in support of the request for Primary
Plat approval as well as the requested subdivision waiver.
The Department recommends that this item be forwarded back to the full Plan
Commission at the conclusion of the Committees review.
Committee Report 2002-9-3
4: ..f(; 11
~? C'bh
~<V' ~
Vezr <Z?p
,
" ...../
LJ COpy
COMMITMENT CONCERNING THE
USE.AL~D DEVELOPMENT OF REAL ESTATE
The undersigned, Roehling Enterprises Inc., (hereafter. "Roehling"), the. contract
purchaser of the real estate located in Bami Iton 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 commitments, ("Commitments"), to the Cannel/Clay Plan
Commission, (the '~Cornrnission"), of the City of Carmel, Indiana, ("City"), concerning the use
and development of the Real Estate. Primary plat approval granted wlder 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 !liean 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 To\vne Road contiguous with the Real Estate, and (ii) the addition of
15' of pavement, and curb and gutter, to the south side of that segment of
141 st Street contiguous with the Real Estate, unless the traffic study done
in connection with the Real Estate and the Docket Number indicates that it
is unnecessary to widen 141 st Street into a four lane road, in which case
the Maximum Road lmprovements sha11110t include the addition of 15' of
pavement, and curb and gntter, on the south side of that segment of 141 sl
Street contiguous with the Real Estate, but may include less substantial
improvements to the south side of the segment of 141 st Street contiguous
with the Real Estate.
c) "Minimum Road Improvements" shall mean a1id 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 R~al Estate.
2. Statement of Commitment. Roehling commits to do one of the follO\ving, 111
Roehling's sole discretion.
a) The installation of the Maximum Road hnprovements; 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 amount 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 Mmimmn Road Improvements and the
Maximuni 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] 41 st 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 Max imull1 Road Improvements and (ii) the numerator of which is the number of lineal
feet of fi-ontage developed on 141 sl Street (if included in Maximum Road Improvements) and
Towne Road. The roadway improvements provided for and contemplated by these Commitments
Clmently require and are subject to the approval of the Hamilton County Highway
Department/Hamilton County COlllinissioners.
\Vithin 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 County
Highway Department, (if the roadways are not annexed into the City at the commencement of
construction), shall utilize the installment of Cash Contribution paid pm-suant to these
Commitments and other similar commitments to improve roadway intersections located at 13151
Street and Towne Road and other intersections that are \vithin a one (1) mile radius of the Real
Estate.
A credit shall be allowed equal to the cost of any roadway improvements constructed
along 141 st Street adjacent to the real estate commonly known as the "Tyner Farm."
3. Binding on Successors and Assigns. These Commitments are binding upon
Roehling, its successors and assigns to the ownership of the Real Estate. These Commitments
may be modified or tenn.inated only by a decision of the Commission 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 occun-ence of all of the follmving.
a) The approval of the plat request under Docket Number 94-02 PP; and
-2-
b) The acquisition of title to the Real Estate by (i) Roehling, (ii) by
Roehling's grantees, successors or assigns; <md/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 COlmnencement of the development of the Real Estate pursuant to
approvals obtained under Docket Number 94-02 PP.
5. A1mexation. Roehling and/or the subsequent owners of the Real Estate hereby
consent to the annexation of tile Real Estate to the City of Carniel, Indiana, and hereby
irrevocably assign to the City of. Carmel, Indiana, the right to proceed with a consensual
annexation ofthe Real Estate pursuant to r.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 construed in accordance with the Laws of the State of
Indiana, in effect as of the date of execution of these Conm1itments.
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 Number.
EXECUTED this _ day of
,2002
ROEHLING ENTERPRISES We.
By:
Raymond H. Roehling, President
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
BEFORE ME, a Notary Public in and for said County and State, personally appeared
Raymond H. Roehling, President of Roehling Entel1Jrises 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 & Vornehm, LLP, Suite 1200, 8888 Keystone
Crossing, Indianapolis, Indiana 46240.
-3-
EXI-HBIT HAl'
LelIal Description of Real Estate
The Northwest quarter of ~he Southeast quarter of Section 20, Township 18 North, Range 3 East In Hamilton County,
Indiana, 'containing 40 acres, ,more or less.
The Southeast quarter of the Southeast quarter of Section 20, Township 1 a North, Range .3 East In Hamnton County,
Indiana, containIng 40 acres, more or Jess.
The Southwest quarter of the Southeast quarter of Section 20, Townshlp 1 B North, Range Three (3) East, containIng 40'
acres, more or less, In Hamilton County, Indiana.
The Northeast quarter of the Southeast quarter of Section 20, TownshIp 18 North. Ron-geThree (3) East, contaln!ng 40
acres, more or less, in Hamilton County, IndIana.
Except the following real estate:
Part of the Southeast quarter of Section 20, Township 18 North, Range 3 East In Hamilton County, Indiana, beginning ot
the Northeast corner of sold Southeast Quarter, thence West along the North Ilne of said Southeast Quarter 800 feet to
II point which is the beginning of this description: thence South parallel with the East line of sold Southeast Quarter
Section a distance of 500 feet, thence West parallel with the North Hne of sold Southeast Quorter a dfstance of 500 feet;
thence North parallel with the East line of Baid Southeast Quarter 0 d!stance of 500 feet to the North line of sold
Southeosl Quarter; thence East along soid North line Q distance of 500 feet to the place of beginnIng. containing
approximotely 5.7.3 acres, more or less.
Also except:
A port of lh e Southeast Quarter of Section 20. Township 18 North, Range J East, Hamllton County, Indiana, being more
partIcularly described os follows;
CommencIng at the Northeast comer of said Quarter Section; thence South 90 degrees 00 mInutes 00 seconds West
along the north line thereof, also being along the 'centerline of 1419t Street 800.00 feet to the northeast comer of the
property described in Instrument #9227587 in the Office of the Recorder of Hamilton County, Indianaj thence South 00
degrees 12 mInutes 20 seconds West along the east line of sold property 500.00 feet to the southeast comer of said
property, thence South 90 degrees 00 mInutes 00 s0c",.--;ds West along the south line of saId property 236.95 feet to the
POINT OF BEGINNING of t~ls description: thence South 54 degrees 20 minutes 5.3 seconds West 346.10 feet; thenr~ North
j5 degrees 39 minutes 07 seconds West 137.83 feet; thener '~orth 54 degrees 19 minutes 22 seconds East 153.k feet
to (J poInt of the aforesaid south line of saId property; then,"~ North 90 deg(ees 00 minutes 00 seconds East 236.58
feet to the plo,ce of beginning, ,containing 0.791 ceres, more or less.
-4-