HomeMy WebLinkAboutPacket 05-16-07 to Land Use Committee of City Council
BAKER & DANIELS LLP
May 1 1,2007
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MAY 11 2001
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INDIANA
WASHINGTON. D.C.
CHINA
Steven D. Hardin
Attorney at Law
Direct 317.776.8668
steve. ha rdin@bakerd.com
VIA HAND DELIVER t" & E-MAlt
City of Carmel
One Civic Square
Cannel, Indiana 46032
Re: Trillium - Land Use, Annexation and Economic Development Committee
Dear Council Committee Members,
In advance of the May l6, 2007 Committee meeting, enclosed please find an updated
presentation packet for Adams & Marshall Homes, Inc.'s proposed TriLLium development.
Following the April 16, 2007 Council meeting, we received comments from the Laurel
Lakes HOA. In response, we have revised the written commitments (changes are redlined at Tab
5) to address those comments. Tab I of the presentation packet further details those revisions.
The revised commitments also have been provided to the HOA.
Additionally, at the Council meeting, some council members encouraged Adams &
Marshall to explore the options available to discourage "cut-through" traffic within the
neighborhood. In response, Adams & Marshall has met with the City's Engineering Department,
discussed traffic calming alternatives and revised the site plan (see Tab 3) accordingly.
Thank you for your consideration of this request. If you have any questions or comments
regarding this proposal, then please feel free to contact me at (317) 569-4833.
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Respectfully,
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CONN
Steven D. Hardin
Enclosures
CARMEL - 600 E. 96'h Street, Suite 600 -Indianapolis, IN 46240
NOBLESVILLE - 970 Logan Street - Noblesville, IN 46060
www.bakerdaniels.com
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~~TRILLIUM"
Adams & Marshall Homes, Inc.
32.4 acres +{-
Between 126th Street and 131 st Street,
West of Towne Road
Petitioner:
Pete Adams and Jim Marshall
Adams & Marshall Homes, Inc.
9310 North Meridian Street, Suite 100
Indianapolis, Indiana 46260
telephone. 317.844.8494
fax. 317.844.8495
Attorney:
Steven D. Hardin, Esq.
Baker & Daniels, LLP
600 East 96th Street, Suite 600
Indianapolis, Indiana 46240
telephone, 317.569.9600
fax. 317.569.4800
EnQineer:
Stoeppelwerth & Associates, Inc.
7965 East 1 06th Street
Fishers, Indiana 46038
telephone. 317.849.5935
fax. 317.849.5942
[tril-ee-uh m] - noun
Any of ,everal plants belonging to the genu,
Trillium, of the lily family, having a whorl of
three leaves from the center of which rises a
solitary, three-petalled flower.
BAKER & DANIELS LLP
..
AdamsS(,
Marshall
A firm understanding of your legal needs
HOMES
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TABLE :OF iCIONTENTS
Presented by Steven D. Hardin, Esq.
~~TRILLIUM))
Adoms & Marshall Homes, Inc.
Tab I ..................Statement of Purpose
Tab 2 ..................Aerial Location Mop
Tab 3 ..................Proposed Site Plan
Tab 4 ..................Change of Zoning Ordinance
Tab 5 ..................Proposed Commitments
Tab A ................. Legal Description
Tab B .................. Proposed Site Plan
Tab C ................. Architectural Standards
Tab D .................lllustrative Homes
Tab E .................. Tree Preservation Exhibit
Tab F.................. Typical Lot Landscaping Exhibit
Tab G................. Street Sign & Street Light Exhibit
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ST'A TEMENT 'OF PURPOSE
Adams & Marshall Homes, Inc. respectfully submits this zone change request
(from S 1 JResidence to S2/Residence) in order to develop the 32.4 acres +J-
located between 126th Street and 131 st Street, west of Towne Road (see Tab 2),
into an active adult/empty-nester maintained lifestyle neighborhood to be known
as "Trillium".
RECENT HIGHLIGHTS:
In response to the comments received from the Laurel Lakes HOA following
the April 16, 2007 Council meeting. Adams & Marshall has made the following
additional revisions to this development proposal:
_ Can the petitioner commit to a full masonry wrap with no verbiage reaardina
"architecturally appropriate" or subject to various architectural styles?
Yes. The commitments have been revised accordingly (see Tab 5).
_ Can the petitioner commit that the perimeter landscapina will be in a common
area and not within individual homeowner yards?
Yes. The written commitments have been revised to require that the HOA is
responsible for the installation and maintenance of the perimeter
landscaping in addition to the existing commitment requiring the perimeter
landscaping to be located in a common area. The site plan has also been
revised accordingly (see Tabs 5 and 5B).
_ Can the oetitioner commit to a minimum of two (2) windows per facade and
each occupied level and remove the "as architecturallv appropriate"
provision?
_ Yes. Exhibit C of the written commitments has been revised accordingly
(see Tab 5C).
_ Can the petitioner revise the architectural Guideline standard "If material such
as brick or stone is used on the front facade but not the side facades, a loaical
transition with trim such as auoins, shall be provided" to be consistent with the
written commitment reaardina first floor masonry wrap?
Yes. Exhibit C of the written commitments has been revised accordingly
(see Tab 5C). Additionally, a "no vinyl siding permitted" clause has been
added to both the architectural guidelines and the written commitments
(see Tabs 5 and 5C).
_ Can the petitioner commit to a minimum landscaping package for the
individual lots?
_ Yes. A written commitment and typical lot landscaping exhibit have
been added (see Tabs 5 and SF).
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3T A TE~IENT IOJF PURP'OSE :(conltiJI1J:~J}ed)
Can the petitioner commit to a black detailed traffic and directional siqns
and street liqhts similar to the Villaqes of West Clay'?
_ Yes. A written commitment has been added (see Tabs 5 and SG).
PRFVIOUS HIGHLIGHTS:
In response to the comments received from Ihe DOCS stoff, the
comments received ot the Pion Commission public hearing and discussions
w;,lh neighbors, Adoms & Mar"sholl revised this development proposal and
included written commitments Below please find Adams & Marshall's
responses to the issues which have been raised (this information was previously
provided to the Council in advcmce of -the April /6, 2007 Council meeting):
~'.' Can the petition be revised to requesllhe 52 district rather than R2?
Yes. The petition has been revised Clccordingly.
Can the petitioner reduce the density from the oroposed 2.16 du/acre (70
homes) ?
Yes. The petitioner has r"evised the site plan and agrees 10 limit the
number of homes to no more than 57, which reduces the density from
2.16 du/acr-e to 1.75 du/acre.
,~, Con Ihe oetitioner increase the minimum lot widths?
'. ' Yes. The minimum lot \;vidth has been increased frorn 60' 10 70'.
Additionally, the petitioner hos agreed to increaselhe minimum lot \vidth
to 80' wide for the lots adjacent to the Herbison property os shown on
the site plan (see Tab 3).
Con the site plan be desiqned to provide east/west connectivilv j"O the
adiacent properties?
Yes. The site plan has been revised accordingly (see Tab 3).
Conlhe pelitioner commit to the proposed development's quality and
design?
Yes. Writien commitments are provided and include archilec lural
standards and site plan commitments (see Tab 5). Addilionally, 0
commilment has been added to require first floor masonry wrap for 011
homes.
_ Can the oetilioner make a tree preservation commitmenl?
Yes. The petitioner agrees to comply with the City's open space
preservotion standards and to preserve \;voodlands on the properly as
shown at Tab 5E.
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STATEMENT !OF PURp!OSE (co[rti11lt;}e:dl)
_ Can Ihe petitioner locate the perimeter landscape buffer in 0 common
mea?
Yes The written commilments have been revised accordingly (see Tab
5).
_ Con the petitioner increase the perimeter buffering alonq the yvestern
perimeter of the north half of the prooerty (adiacent to the Herbison
propertvl?
Yes. A 'NriHen commitment has been provided that increases the
buffering (shown os "enhanced buffer area" on the site plan at Tab 3)
along this perimeter. Addltionctlly, the petitioner has agreed to increase
the minimum lot width for these lots to 80' wide, Adams & Marshall has
confirmed with the Herbisons that the Herbisons agree with the specific
language included within the commitments
_ Can the entrance on 126th Street be relocated to be across from the
vacant property on rhe south side of 126th street?
Yes The site pion has been revised accordingly (see Tab 3).
Con the sire pion be redesigned to incorporote open space r-other them
homes along 126th Street?
Yes. The site plan has been revised accol'dingly (see Tab 3),
If approved, Adams and Marshall expects to begin development later
this year. Thank you for your consideration.
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si te plan
T rilli 11111
A Main tained Lifestyle Communi tlJ
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1 26th STREET
TRILLl U M
CARMEL, INDIANA
April 2, 2007
D 70' wide lots
C 80' wide lots
SITE = 32.447 Ac.:!:
57 units
1.75u/a
10.0Ac.:!: Open Space
(30.8% not including pond area)
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CO~SULTlNG ENGINEE~S !.AND sur;',EV~S
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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 ESTATE,
WEST OF TOWNE ROAD, BETWEEN 126TH STREET AND 131ST STREET-
FROM S-lIRESIDENCE TO S-2fRESIDENCE 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, lndiana, \vhich
Zoning Ordinance has been codified in Chapter lOaf the Carnlel City Code; and
WHEREAS, pursuant to the lndiana Code ~36-7 -4-602, the Common Council IS
authorized to amend the map that is pati of the Zoning Ordinance; and
\VHEREAS, the Carmel Plan Commission has rendered an unfavorable recommendation
regarding a request to rezone celiain real property, the legal description of which is attached
hereto and incorporated herein by reference as ExhibLt "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 provlSlOn of this
Ordinance are hereby repealed.
Section III: This Ordinance shall be in fuli force and effect from and after its passage and
signing by the Mayor.
of
PASSED by the Common Council of the City of Cannel, Indiana, this
, 2007, by a vote of ayes and nays.
day
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COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby
Joseph C. Griffiths, President Pro Tempore
Brian D. Mayo
Ronald E. Carter
Mark Ratlcrmann
Fredrick J. Glaser
Richard L. Sharp
ATTEST
Diana L. Cordray, IAMC, Clerk Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this
,2007,~ .M.
day of
Diana L. Cordray, lAMC, Clerk Treasurer
Approved by me, Mayor of the City of Carmel, Indiana this
,2007, at .M.
day of
.lames Brainard, Mayor
A TIEST
Diana L. Cordray, lAMe, Clerk Treasurer
Prepared by: Steven D. Hardin, Esq.. Baker & Daniels, LLP, 600 East 96th Street, Suite 600, fndianapolts, fN 46240
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EXHIBIT A
LEGAL DESCRIPTlON
"TRILLIUM"
Part 0 f the Southeast Quader 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, Range 3 East l351.40 feet South 89 degrees 03 minutes 05 seconds West
(assumed bearing) from the Southeast corner of said Southeast Qual1er; thence
North 00 degrees 56 minutes 55 seconds West 8.00 feet; thence North 52 degrees
42 minutes i9 seconds East 14.45 feet; thence North 23 degrees 04 minutes 39
seconds East 27.27 feet; thence North 00 degrees 24 minutes 31 seconds West
1453.1 {} feet; thence South 89 degrees 25 minutes 00 seconds West parallel with
the North line of said Southeast Qualier 107.69 feet; thence 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 mLnutes 00 seconds
West of the Northeast comer 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 41
minutes 35 seconds West 153.46 feet; thence South 00 degrees 34 minutes 29
seconds East t 44i.57 feet to the South line of said Southeast Quarter; thence
North 89 degrees 03 minutes 05 seconds East on said SOllth line 627.20 feet to the
place of beginning, containing 32.447 acres, more or less.
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COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
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 hA".
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 lllustrative Home Elevations attached hereto as Exhibit "D."
F. Homes built on the Real Estate shall include a first floor masonry wrap,..---as
architecturally appropriate. This requirernent may bo modifiod by statT revic'vV on a
case by ease basis if the home's arehiteetural stylo (o'b" Colonial or Craftsman)
lends itself to the LIse of loss masonry. 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-
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one (21) trees per one hundred lineal feet (100'), including a mix of shade,
ornamental and evergreen trees planted in a double straggcred row.
I. The Real Estate shall comply with the open space standards of the Carn1el
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.
J. All homes shall be one or one and one-hal f 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.
L. 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".
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.
Section S.
Effective Date
The commitments contained herein shall be effective upon the approval of Petition
06100023 Z and shall continue in etTect 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.
[The remainder of this page is intentionally left blank.]
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Section 7.
Enforcement
These commitments may be enforced by the City Council of the City of Cannel,
Hamilton County, Indiana.
IN WITNESS WHEREOF, Adams & Marshall Homes, Inc., has caused this commitment to be
executed as of the day of ,2007.
Adams & Marshall Homes, Inc.
By:
Its: (Title)
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared , 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:
Notary Public
Printed
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 96th Street, Suite 600, Indianapolis, Indiana 46240, (317) 569-9600.
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EXHIBIT A
LEGAL DESCRIPTION
Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay
Township, Hamilton County, lndiana, described as follows:
Beginning on the South line of the Southeast Quarter of Section 29, Township 18 North,
Range 3 East 1351.40 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 NOLih 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 31 seconds West 1453.10 feet; thence South 89 degrees 25
minutes 00 seconds West parallel with the NOIih line of said Southeast Quarter 107.69
feet; thence NOIth 00 degrees II 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 comer 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 41 minutes
35 seconds West 153.46 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.
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si te plan
T rilli 11111
A Maintained LifestlJle CommunitlJ
EXI-IIBIT B
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TRlLLIUM
CARMEL, INDIANA
April 2, 2007
o 70' wide lots
C 80' wide lots
SITE = 32.447 AC.:1::
57 units
1.75u/a
1 O.OAc.:1:: Open Space
(30.8% not including pond area)
,
126111 STREET
SrueppelwCllth <( (WJ~, 3".(.
COWjULTING F:N{jIN~ERS LAf';D S.LRVEYO~S
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EXHIBIT C
ARCHITECTURAL STAl'lDARDS
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 [onns that are considered typical to the chosen architectural style, and
shall be determined by staff review. All building elements are suhject to the most current edilion
of the Indiana Building Code.
A. WINDOWS
I. At least two (2) windows shall be present on each falfade, and each occupied level,.--as-
arc1:itooturally appropriate. One (I) window shall be pennitted on half stories.
2, All windows, on all sides of the house, shall have trim as architecturally appropriate.
B. ENTRYW A YS
1. Entryways shall be clearly visible and shall be the dominant feature of the front fa9adc, or
the side facade.
2. Porches shall be a minimum of six feet deep, and shall be provided where architecturally
appropriate.
C. CHIMNEYS
I. Chit1U1eys 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. GARA.GES
L. If ofT-set or side-loading (courtyard loading), the fac;:ade facing the street shall have at
least eRe two (2) windows.
E. ROOFLINES
1. Roofs shall have minimum twelve-inch (12") overhangs, on all sides ofthe structure, if
architecturally appropriate.
F. MATERIALS
1. 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. If a material such as brick or
otono is used on tl....o front [a'fade but not the side facades, a logical transition with trim,
such as quoins, shall be provided. Vinyl siding, if used, shall not be less than 0.018
tl....iclmoss. ALuminum and vinyl siding shall not be Llsed.
BDDB014691378v2
EXI-IIBIT D
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EXI-IIBIT E
2006 AERIAL PI [QTO
TREE PRESERVATION KEY
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. TREES TO CONSERVE/PRESERVE
f'i\TREES TO FURTHER EVALUATE TO CONSERVE/PRESERVE
~ OR POSSIBLE TRANSPLANT ONSITE
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SHRUB
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MULCH BED
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YARDS ARE TO BE soorn
"fREE AND SHRUB LOCA TlONS I'I1Li
VARY PER CUSTOMER REQUESTS
NOT SHOWN ARE REQUIRED STREET
"fREES AND PERIMETER LANDSCAPE
BUffiR
70' -0' TYPICAL LOT I'I1Dlli
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