HomeMy WebLinkAboutPacket 05-21-07 to City Council
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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. 31 7.569.4800
Engineer:
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 several plants belonging to the genus
Trillium, of the lily family, having a whorl of
three leaves from the center of which ri ses a
solitary, three-petalled flower.
BAKER & DANIELS LLP
..
Adam~
Marshall
A firm understanding of your legal needs
HOMES
STATEMENT [OF PURPtOSE
Adams & Marshall Homes, Inc. respectfully submits this zone change request
(from S 1 /Residence to S2/Residence) in order to develop the 32.4 acres +/-
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:
The proposal received a unanimous favorable recommendation by the
Council's Land Use, Annexation and Economic Development Committee at the
May 1 6, 2007 meeting.
As a result of that meeting, the written commitments were revised to
address the comments from the Herbison family. These revisions address their
comments to: provide additional details regarding the enhanced buffer area;
ensure proper handling of drainage: screen car headlights from entering the 131 st
Street entrance; providing for a commitment to direct street lighting downward;
prohibit wood fencing along the shared property line; and provide for the
availability of excess dirt to the Herbisons. These revisions are shown in red text in
the commitments at Tab 5.
PREVIOUS HIGHLIGHTS [followinq Council First Readinq):
In response to the comments received from the Laurel Lakes HOA following Ihe
April 16, 2007 Council meeting, Adorns & Marshall hm mode the fOllo'winG:J odditional
revisions to this development proposal (this information was previously provided to the
Council Committee in advance of the May 16,2007 Land Use, Annexation and Economic
Development Commitlee meeting):
_ Con the oel-itioner commit to a full masonry wrap wilh no verbiage reqordina
"architecturally appropriate" or subiect to various architectural stYles?
Yes, The commitments hove been revised accordingly (see Tab 5).
Can the pelitioner commit that the perimeter landscapinq will be in a comrnon area
and not within individual homeowner yards?
Yes. The written commitments have been revised to require that the HOA is
responsible for the instollation and maintenance of the per'imeter landscaping in
addition to the existing commitment requiring fhe perimeter landscaping to be
located in a common area. The site plan has also been revised accordingly (see
Tabs 5 and 5B).
_ Can the petitioner commit to a minimum of two (2) windows per facade and each
occupied level and remove the "os architecturallv aporopriate" provision?
_ Yes. Exhibit C of the written commitments has been revised accordingly [see
Tab SC).
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STATEMENT OF PURPiOSE (continued)
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Con the petitioner revise the architectural guideline standard "If material such os
brick or stone is used on the front facade but not the side facades.. a logical
transition with trim such as quoins. shall be provided" to be consistent with the
written commitment regarding first floor masonry wrap?
Yes, Exhibi.t C oflhe wrilten commitments has been revised accordingly
[see Tab sq. Additionally, 0 "no vinyl siding permitted" clause has been
adeled to bolh the architectural guidelines and the written commitments
[see Tabs Sand SC).
Can the oetitioner commit to a minimum lanelscopinq pockaqe for the individual
lots?
Yes. A written commitment ond typical lot landscaping exhibit have been
oeldeel (see Tabs 5 and SF).
Con the pelilioner commit to a block detailed traffic and directional siqns and
street tiqhts similar to the Villages of West Clav?
Yes. A written commitment has been added (see Tabs 5 and 5G).
PREVIOUS HIGHLIGHTS (followinq Plan Commission)
In response 10 the comments received from the DOCS stoff, the comments
received at the Plan Commission public hearing cmd discussions with neighbors.
Adams & Marshal: revised this development proposal and included written
commitments, Below pleClSe find Adams & tv\arshall's responses to the issues IJvhich
hove been roisec! (this informofion wos previously provided to the Council in acfl/cmce
of the April /6" 2007 Council meeting).
Con Ihe peliiion be revised to request the 52 district rather Ihon R2?
Yes. The petition has been revised accordingly.
Con the petitioner reduce the densilv from the proposed 2.16 du/acre (70 homes)?
Yes. The pelilioner has revised the site plan and agrees to limit the nurllber of
homes to no more than 57. which reduces the density from 2.16 du/acre to 1.75
du/acre.
Can the petitioner increase the minimum 101 widihs?
Yes. The minimum lot \'/'Iidth has been increased from 60' to 70'. .I\dditionally,
the petitioner has agreed 10 increase the minimum lot width to 80' wide for the
lots adjacent to the Herbison property as shown on the site plan (see Tab 3).
Con ihe site plan be designed to provide east/west connectivilV 10 the adiacenl
properties?
Yes. The site plan has been revised accordingly (see Tab 3).
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STATEMENT 'OF PUJRP,OSE (continued)
Can the petitioner commit 10 the proposed development's quality and desiqn?
Yes. Wrilten commitments are provided and include architeclural standords
and site plan commitments (see Tab 5). Additionally, 0 commilment has been
added to require first floor masonry wrap for all homes.
Con the oetitioner make 0 tree preservation commitment?
Yes. The petirioner agrees 10 comply with the City's open space pt"eservation
standards and to preserve woodlands on the property as shown at Tab 5E.
Conlhe petilioner locate the perimeter landscape buffer in a common area?
Yes The written commitments have been revised accordingly [see Tab 5).
Can the petitioner increase the perimeter bufferinq olano the western perimeter of
the north half of the property [adjacent to the Herbison property)?
Yes, A wrilten commitment has been provided that increases the buffering
[shown as "enhanced buffer area" on the site plan at Tab 3) along this
perimeter. Additionally, 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 Herbisom agree wilh the specific language included within
the commitments
Con the en1ronce on 126th Street be relocated to be across from the voconl
propertv on the south side of 126th Street?
Yas. The site pion has been revised accordingly (see Tab 3).
Can the site pion be redesiqned to incorporate open spClce ratherrhan homes
olano 126th Streel?
Yes. The site plan has been revised accordingly [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 rillil1l11
A MaintaiIled Lifestyle Community
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1 261h STREET
TRILLIUM
CARMEL, INDIANA
April 2, 2007
o 70' wide lots
[J 80' wide lots
SITE = 32.447Ac.:!:
57 units
1.75u/a
1 O.OAc.:!: Open Space
(30.8% not including pond area)
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CON'3lJLflNG ENGIN!;ERS LANO SUJllJe'(ORS
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SPONSOR: COUNCILOR RICK SHARP
ORDINANCE Z-504-07
AN ORDINANCE OF THE COMMON COUNCIL OF THE
ClTY OF CARMEL, INDIANA, CHANGE OF ZONING CLASS!FICATJlON,
REZONING OF 32.45 ACRES OF REAL ESTATE,
WEST OF TOWNE ROAD, BETWEEN 126TlI! STREET AND 131ST STREET-
FROM S-I/RESiDENCE TO S-2/RESIDENCE ZONII....G CLASSIFICATION
WHEREAS, pursuant to Indiana Code ~ 36- 7 -4-600 et seq., th e Common Counci I of the
City of Cannel, Indiana, has lawfully adopted a Zoning Ordinance, the tenns of which are
applicable to the geographic area consisting of the incorporated area of the City of Cannel,
Indiana, 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 IS
authorized to amend the map that is pan of the Zoning Ordinance; and
WHEREAS, 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 "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 provIsIon of this
Ordinance are hereby repealed.
Section Ill: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
of
PASSED by the Common Council of the City of Carmel, Indiana, this
, 2007, by a vote of ayes and nays.
day
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COMMON COUNCIL FOR THE CDTY OF CARMEL
Presiding Officer
Kevin Kirby
Joseph C. Griffiths, President Pro Tempore
Brian D. Mayo
Ronald E. Carter
Mark Rattermann
Fredrick J. Glaser
Richard L. Sharp
ATTEST
Diana L. Cordray, lAMe, Clerk Treasurer
Presented by me to the Mayor ofthe City of Cannel, Indiana this
, 2007, at .M.
day of
Diana L. Cordray, lAMe, Clerk Treasurer
Approved by me, Mayor of the City of Cannel, lndiana this
, 2007, at .M.
day of
James Brainard, Mayor
ATTEST
Diana L. Cordray, IAMC, Clerk Treasurer
Prepared by: Steven D. Hardin, Esq., Baker & Daniels, LLP, 600 East 96th Street, Suite 600, Indianapolis, IN 46240
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EXHIBIT A
LEGAL DESCRHPl'lON
"TRILILIUM"
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, Range 3 East 1351.40 feet South 89 degrees 03 minutes 05 seconds West
(assumed bearing) from the Southeast comer of said Southeast Quarter~ thence
North 00 degrees 56 minutes 55 seconds West 8.00 feet; thence North 52 degrees
42 minutes 19 seconds East 14.45 feet~ thence North 23 degrees 04 minutes 39
seconds East 27.2 7 feet~ thence North 00 degrees 24 minutes 31 seconds West
1453.1 0 feet~ thence South 89 degrees 25 minutes 00 seconds West parallel with
the North line of said Southeast Quarter 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 1443.5 8 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 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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COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Adams & Marshall Homes, Inc. (the "Developer") makes the following commitments to
the Camlel 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 "A".
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
stmctures, 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 teet (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 Illustrative Home Elevations attached hereto as Exhibit "D."
F. Homes built on the Rcal 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 Cannel
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 hventy
one (21) 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
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planted in a double staggered row. Evergreen trees shall be a minimum of eight feet
(8') tall at planting. The Developer shall work with the Herbisons in the selection
and final placement of said buffering plantings.
I. 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", shall be
designated as open space in the Open Space Conservation Plan submitted with the
primary plat.
1. All homes shall be one or one and one-half 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 tixtures utilized on the Real Estate shall
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 "0",
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 13 rt
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 water runoff shall be
treated as required by law. The drainage plan proposed for the Real Estate, once
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.
BDDBOI 469137Rv3
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Section S.
Effective Date
The commitments contained herein shall be effective upon the approval of PeUion
06100023 Z and shall continue in effect until modified or tenninated 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 0 f Hamilton County, Indiana, upon approval
of Petition 06100023 Z.
Section 7.
Enforcement
These commitments may be enforced by the City Council of the City of Cannel,
Hamilton County, lndiana.
IN WITNESS WHEREOF, Adams & MarshaU 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 Notal)' 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 affinn, under the penalties for perjury, that f 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 96lh Street, Suite 600, fndianapolis, fndiana 46240, (317) 569-9600.
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EXHIBIT A
LEGAL DESCRIPTION
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Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay
Township, Hamilton County, Indiana, described as follows:
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Beginning on the South line of the Southeast Quarier 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 North 52 degrees 42 minutes 19 seconds
East 14.45 feet; thence North 23 degrees 04 minutes 39 seconds East 2727 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 North hne of said Southeast Quarter 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 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 rillilllll
A Maintained Lifestljle COl1llnunitlj
EXHIBIT' B
TRILLIUM
CARMEL, INDIANA
April 2, 2007
o 70' wide lots
o 80' wide lots
SITE = 32.447 Ac.=:!:
57 units
1.75u/a
1 O.OAc.=:!: Open Space
(30.8% not including pond area)
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I 26th STREET
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COHSULTING EN~INcER5 U.ND S.LIRVE'rO~S
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EXHIBIT C
ARCHITECTURAL STANDARDS
STRUCTURE AND DESIGN STANDARDS AND PROVISIONS
Buildings shan maintain a consistent architectural style, in both fonn and trim, throughout. The
tri111 shan be present on aU 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 10 the most current edition
afthe Indiana Building Code.
A. WINDOWS
1. At least two (2) windows shall be present on each fayade, and each occupied level. One
(I) window shall be permitted on hal f stories.
2. All windows, on all sides of the house, shall have trim as architecturally appropriate.
B. ENTRYW A YS
I. Entryways shall be clearly visible and shall be the dominant feature of the front far;ade, or
the side facade.
2. Porches shall 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 m8terial with a
similar, durable appearance.
3. "Shed-style" or bump-out chimneys shall not be permitted.
D. GARAGES
l. If off-set or side-loading (courtyard loading), the fayade facing the street shall have at
least two (2) windows.
E. ROOFLINES
1. Roofs shall have minimum twelve-inch (12") overhangs, on all sides of the structure, if
architecturally appropriate.
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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.
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tree preservation exhibit
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2006 AERIAL PHOTO
TREE PRESERVATION KEY
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. TREES TO CONSER VE/PRESERVE
f'i\TREES TO FURTHER EVALUATE TO CONSERVE/PRESERVE
~ OR POSSIBLE TRANSPLANT ONS1TE
(FURTHER EVALUATION WILL OCCUR FOR TilE OPEN SPACE CONSERV A TION PI.AN
AS PART OF TilE PRI\1ARY f'LAT f'ENDII'O A TREE II'VENTORY AND STAKE SURVEY)
. I PROPOSED LANDSCAPING
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24" lHRU 48"
SHRUB
(7 TOTAL)
MULCH BED
VARIOUS
PLANTING
YARDS ARE TO BE SODED
TREE AND SHRUB LOCATIONS WILL
VARY PER CUSTOMER REOUESTS
NOT SHOWN ARE REQUIRED STREET
"fREES AND PERIMETER LANDSCAPE
BUrrER
70'-0" TYPICAL LOT \'/IDlH
r..-----------------------
EXHIBIT F
SHADE TREE
2 1/2" CAUPER
~
~
.....
o
...J
...J
is
~
SHADE TREE
2 1/2" CAUPER
~- .._---------------~
ITRILLIUM TYPICAL LOT LANDSCAPING I
SCALE: 1"; 15'-0"
ORNAMENTAL TREE
2 1/2" CAUPER
ORNAMENTAL lREE
1 l/t CAUPER
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6
24" lHRU 48"
SHRUB
(14 TOTAL)
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EXHIBIT :G
t
SPEED
LIMIT
2.0
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EXl-IIBIT :G
EXAlVIPLE OPTICAL CONTROL ALTERNATIVE
ACORN CUTOFFS (STREET LIGHT CAP) EXHIBIT
3176BP
H 38Y.
IN 155'.
'AATT M!iX 250\..
3177BP
HJ8Y.
W 17Y.
~W.TTM!iX 251),'1
--
33030RS 3.3031 R5
H 27'Y. H 27Y.
iN 13% iN 13%
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