HomeMy WebLinkAboutZ-504-07 adopted 05-21-07
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CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMME~l)ATION
ON THE PETITION OF ADAMS & MARSHALL
TO REZO~'I PROPERTY LOCATED
AT 2555 WEST 131sT STREET
PURSlJANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-504-07.
To: The Honorable Common Council
ot" the City of Carmel
Hamilton Colinty~ 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 rc?-one 32.45 acres
located at 2555 West 131 'c Street, from S-lIResidential to S-2/Residential to provide for single-family
residential development.
The Carmel Plan Commission's recommendation on the petition ofthc 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 Cornman COllncil the proposed Ordinance No. Z-504-07 with an
UNF A VORARLE recommendation.
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to Ie 36-7-
4.608(f)(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.
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RamoflO Hancock, Secretary
Carmel Plan Commission
Dated: March 30, 2007
2007..0329; 2-504-07 TRILLIUM REZO~E CERTIFICATION
Received
I
MAR 3 0 2007
Carmel
Clerk. ireasurer
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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 EST ATE,
WEST OF TOWNE- ROAD, BETWEEN 126TH STREET AND 131ST STREET -
FROM S.lIRESIDENCE TO SM2/RESIDENCE ZONING CLASSIFICATION
WHEREAS, pursuant to Indiana Code 936-7-4-600 et seq., the Common Council uftbe
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,
lndiana, 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 936-7-4-602, the Common Council ]s
authorized to amend the map that is part of the Zoning Ordinance; and
\VIlEREAS, 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 i;A" (hereafter "Real Estate").
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NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as foIlO\'Vs:
Sectlon 1: The official Zoning Map accompanying and made part of the Zoning Ordinance is
hereby amended to change the zoning classification of the Real Estate Irom the S-l/Residence
zoning c1assi fication to the S-2/Residence zoning classification.
See.tion 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.
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PASSED by the Common Council of the City of Carmel, Indiana, this Q(. .
of ~ 2007, by a vote of _"1-- ayes and 0 nays.
day
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COMMON COUNCIL FOR THE CITY OF CARMEL
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Presented by me to the Mayor of the City of Carmel, Indiana this ex I day of
~o.-.c; ,2007, at 7; 05 1.M.
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Approved by me, Mayor of the City of Carmel, indiana this d) day of
~O , 2007, a( ,:Os L.M. .' 0 . .#
'es Brainard, Mayor ~
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Prepared by: Steven D. Hardin, Esq., Baker & Daniels, LLP, 600 East 96th Street, Suite 600, IndianClpolis, IN 46240
- 2 -
EXH IBIT 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 18
North, Rarlge 3 East 1351.40 feet South 89 degrec3 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 fect; thence NOlth 52 degrees
42 minutes 19 seconds East 14.45 feet; thence North 23 degrees 04 minutes 39
seconds East 27.27 fect; thence North 00 degrees 24 minutes 31 seconds West
1453.10 feet; tht:nce South 89 degrees 25 minutes 00 seconds West parallel with
the North line of said Southeast Quarter 107.69 feet; thet:\ce North 00 degrees 11
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 corner of said Southeast Quarter; thence South 89 degrees
25 minutes 00 seconds West on said North line 393.42 feet; thence South 00
degrees 07 minutes 05 seconds West 1193.76 feet; thence South 88 degrees 4 t
minutes 35 seconds West 153.46 fect; thence South 00 degrees 34 minutes 29
seconds East 1441.57 feet to the South line of said Southeast Quaner; 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 ATE
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 I4amilton County, Indiana:
Section 1.
Description of Real Estate:
See attached Exhibit "A".
2001028298 MISe $39.00
OS/23/2007 02:11l6:43P 14 PGS
Jennifer J Hayden
HAMILTON Counly Recorder IN
Recorded as Presented.
Section 2;
Petition: 06100023 Z
Section 3.
Statement of Commitmelllts:
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 detac.hed residential dwellings and residential accessory
structures, as permitted by the .8-2!Resjdence zoning district of the Carmel Zoning
Ordinance, shall be permitted.
B. The number of homes on the Real Estate shan 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 liB."
E. Homes builL on the Real Estate shaH comply with the architectural standards
attached hereto as Exhibit "e" and shall be substantially similar in quality and
character as the lllustrative 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 shO\.\'n 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
BDDH014691378v;
staggered row. Evergreen trees shaH be a minimum of eight feet (8') tall at planting,
The Developer shall work with the Herbisons in thc selection and final placement of
said buffering plantings.
1. 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", shaJ1 be
designated as open space in the Open Space Conservation Plan submitted with the
primary plat.
J. All homes shall be one or one and one-half story.
K. All lots shall havc a minimum lot landscaping package as sho\VIl on the Trillium
Typical Lot Landscaping exhibit, attached hereto as Exhibit "F". The minimum
number of plantings shaH be as shown, however, the location of the plantings shaH
be permitted to vary.
L. Street signs and streetlight poles and fixtures utilized on the Real Estate shail
complement the quality and style of those illustrated by the attached Exhibit "0",
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 131 sl
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 wat~r runoff shall be
treated as required by law. The drainage plan proposed for the Real Estate, onte
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.
BDDBO I 4691378v5
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 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 Peri tion 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 ~1i2 day of Yt1A.( ,2007.
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Adams & Marshall Homes, Inc. .
By: ~ .
Its: --=x I(.E;S t DE.JVT (Title)
STATE OF INDIANA )
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COUNTY OF HAMILTON )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared C. vJ,L..i-I~ ~AM'-::' 1iT", who baying been duly sworn acknowledged the execution
of the foregoing Commitments.
Witness my hand and Notarial Seal.this;?),nd day of ~,2007.
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My Commission Expires: g -)O~)OII
Notar)' Public
Printed {j wJ.a [. < SAafj2er.
Residing in If}1..a.JI...lj;pu County
I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security
number in this document, unless reqLiired by law: Steven D. Hardin,
This document was prepared by Steven D. Hardin, Attomey at Law, Baker & Daniels, LLP,
600 East 96u! Street, Suite 600, Indianapolis, Indiana 46240, (317) 569-9600.
EDDBOI4691378,'5
si te plan
EXHIBIT B
T rilIi 1.1111
A Maintained Lilestl.Jle Community
TRILLIUM
CARMEL, lNDIANA
April 2, 2007
o 70' wide lots
o 80' wide lots
SITE = 32.447Ac.:I::
57 units
1.75u/a
1 O.OAc.:1: Open Space
(30.8% not including pond area)
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126tll STREET
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EXHIBIT C
ARCHITECTURAL STANDARDS
STRUCTURE AND DESIGN 81 ANDARDS AND PROVl8IONS
Buildings shall maintain a consistent architectural style, in both fonn 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 facade, and each occupied level. One
(I) window shall be permitted on hatf stories.
2. All wi ndows, on all sides of the house, shall have trim as architecturally appropriate.
8. ENTRYW AYS
I. Entryways shall be clearly visible and shall be the dominant feature of the front facade, or
the side facade.
2. Porches shaJI 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
sirrWar, 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 faltade facing the street shall have at
least two (2) windows.
E. ROOFLlNES
1. 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.
BDDDOI 469H78v3
EXHIBIT D
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EXHIBIT E
T rillillll1
A Mainta.ined Lifestyle Communit-y
126thSTREET
2006 AERIAL PHOTO
TREE PRESER V A TION KEY
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. TREES TO CONSERVElPRESERVE
f'i\TREES TO FURTUER EVALUATE TO CONSERVEJPRESERVE
~ OR POSSIBLE TRANSPLANT ON SITE
\FURTIlER EVM,UATION WILL OCCUR FOR TIlE OPl:NSPACECDNSERVATION rLAN
AS PART OF TilE PRIMARY PLAT PE.NDlNG A TREE INVENTORY AND STAKESURVEn
(.-') PROPOSED LANDSCAPING
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TREES AND PERIMETER lANDSCAPE
BUFFER
70'-0" T'fPICr\L LOT \\lDlH
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EXHIBIT F
ORNAMENTAL TREE
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ITRILLIUM TYPICAL LOT LANDSCAPING I
SCALE: 1" = 15'-0.
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