HomeMy WebLinkAboutPacket 11-29-07
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BAKER & DANIELS LLP
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STEYEN D. HARDIN
Attorney at lJlw
Direct 317.569.4833
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INDIANA
WASHINGTON, D,C,
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November 19,2007
VIA HAND DELIVERY
City of Carmel Plan Commission
Subdivi.sion Committee
One Civic Square
Carmel, Indiana 46032
Re: Trillium Primary Plat - Docket No. 07070010 PP
Dear Committee Members:
Please accept this letter in response to the topics discussed at the November I, 2007
Committee review regarding the Trillium Primary Plat. As noted by the November I, 2007
Depat1ment Report, the primary plat as presented complies with the standards set forth in the
governing regulations, including the zoning ordinance and the written commitments made by
Adams & MarshaU Homes during the change of zoning (attached at Tab 1). As a result, Adams
& Marshall respectfully requests your favorable recommendation to the Plan Commission.
Topics of'Discussion:
I. Request.
Can the petitioner please provide examples of the decorative garage doors?
Response.
Yes. The example of the decorative garage door is provided at Tab 2. The example
provided retlects the current design Adams & Marshall Homes intends to incorporate for
all of the homes, however, the final garage door design is subject to market availability
and homeowner preference. The garage will comply with the architectural standards of
the commitments and will include windows, decorative hardware and decorative patterns.
The garage door will be reviewed by the City for compliance with the commitments upon
building permit application.
Please note the garage door exhibit is only intended to illustrate the garage door design
and not the home design, Illustrative examples of the homes are included at Exhibit 0 of
the commitments. Homes are required to comply with the commitments as approved with
the change of zoning which includes a requirement for first floor masonry wrap and no
vinyl siding. Please note in the commitments that Adams & Marshall also agreed to limi!
the homes to one and one and one half stories.
CARMEL - 600 E. 96th Street, Suite 600 - Indianapolis, IN 46240
NOBLESVILLE - 970 Logan Street - Nablesville, IN 46060
www.bakerdaniels.com
BDDBOI 4945066 v j
Subdivision Committee
-2-
November 19, 2007
2. Request.
Can the petitioner please provide additional detail regarding the landscaping provided within
Common Area #3 to illustrate the screening of the homes' rear yards of Lots 19-26 from
Yelvetleaf Boulevard to provide additional privacy for these homes?
Response.
Yes. The landscaping plan submitted has been approved by the City Forester to be in
compliance with the City's standards and is included at Tab 3 for your reference. Adams
& Marshall has agreed to exceed the City's standards by incorporating sixty (60)
additional Judd Viburnum to enhance this landscaping. An enhanced scale of Common
Area #3 and a typical cross-section are included at Tab 4 to further iUustrate this
screening. This cross-section illustrates that with the combination of the undulating four
to seven-foot tall mound and the plantings as proposed will provide a sixteen to nineteen-
foot tall screen as viewed from Velvetleaf Boulevard. This screen height, as shown by
the illustration at planting, is more than enough to provide the desired privacy for the one
and one and one half story homes.
The committee requested Adams & Marshall Homes to consider twelve-foot tall Norway
Spruces in lieu of seven to eight-foot tall Norway Spruce. Adams & MarshaH Homes has
taken this request into consideration but believes that the additional Judd Viburnum will
provide a more desirable screening for those lots for the following reasons:
II Adams and Marshall Homes' landscape consultant has advised them that if a seven-
foot tal] Norway Spruce and a twelve-foot tall Norway Spruce were planted
simultaneously, that in several years, the seven-foot tall Norway Spruce will be equal
to and likely taller than the twelve-foot tall Norway Spruce. The taller the Norway
Spruce is when it is planted, the longer it will take to establish itself in its new
location and the slower it will grow. As a result, the seven-foot tall Norway Spruce
provides a better long term benefit.
D The sixty (60) Judd Viburnums are being planted in addition to the proposed seven-
foot taIl Norway Spruces, not in lieu of. As a result, these plants will compliment the
other proposed plantings by providing an additional layer to the screen at the mid-
level view height. Judd Viburnums grow to approximately six to eight feet in height
which provides a visual wall just below the canopy tree line.
3. ReQuest.
Do the presented lot sizes comply with governing regulations?
Response.
Yes. The lot size regulations were approved during the change of zoning for Trillium. The
original site plan for Trillium (as designed to meet the S-2/Residence-ROSO standards) had
an average lot size of 8,775 square feet with 70 lots. As a result of discussions with
neighbors and working with the City through the change of zoning process, the Council
approved the change of zoning subject to the written commitments made by Adams &
Subdivision Committee
-3-
November 19, 2007
Marshall Homes. The commitments resulted in an overall lot size average of 9,921 and 57
lots. As result, the current primary plat provides for an increase of overall lot size and
reduction of density from what the typical S-2/Residence-ROSO subdivision would
otherwise yield.
4. ReQuest.
Have the Department of Engineering's (DOE) comments been addressed?
Response.
Yes. The revised plans were submitted to the DOE on November IS, 2007. Provided below
is additional clarification to those comments specifically noted in the November I, 2007
Department Report.
· Comment #1.
Does the developer agree to make a payment in lieu of constructing the otherwise
required road improvements?
Response. Yes. DOE has indicated that it has reviewed the revised Primary Plat
as submitted on November 15th and that the current configuration of the
improvements for 13151 Street and 126111 Street are acceptable for approval of the
Primary Plat. If such improvements were to be implemented, DOE has indicated
it would likely request improvements beyond what is shown (e.g., widening of
126th Street outside of the limits of the auxiliary lanes, milLing and resurfacing of
the existing roadways, and connection of the acceleration lane on eastbound 131 st
Street to the existing auxiliary lanes for Pettigru Drive). However, DOE has
indicated that these road frontages will soon be improved by the City and that
DOE will be considering temporary provisions for access, dependent on the
timing of the road project and the development when the construction plans are
developed. As a result, in the November 14th response to DOE, the developer
acknowledged their understanding that compliance with the Thoroughfare Plan
includes construction for half of the improvements prescribed by the
Thoroughfare Plan. As the Ci ty proposes to construct these improvements, the
developer agrees to establish an amount to otherwise construct the required
improvements and to provide these amounts to DOE for review upon final
construction plans. If such costs are determined to be reasonable by DOE, then
the developer will provide a financial commitment equal to this value to otherwise
construct the improvements. DOE has identified that the following road
improvements will be the responsibility of the developer: 126th Street frontage:
acceleration lane, deceleration taper, deceleration lane, median break, eastbound
left turn taper and lane in median, those improvements prescribed by the
Thoroughfare Plan (24-foot feet of mainline pavement, curb along the outside
edge of the travel lane, 10-foot multi-use path) and construction of the entrance
within the right-of-way and outside of the auxiliary lanes and mainline pavement.
Subdi vision Committee
-4-
November 19, 2007
131 st Street frontage: acceleration lane, deceleration taper, deceleration lane,
westbound left turn taper and lane in median, those improvements prescribed by
the Thoroughfare Plan (24-[00t feet of mainline pavement, curb along the outside
edge of the travel lane, lO-foot multi-use path) and construction of the entrance
within the right-of-way and outside of the auxiliary lanes and mainline pavement.
· Comment #2. Does the entrance width meet the City standards?
Response. Yes. The entrance width has been revised.
· Comment #3. Is Grafton Street consistent with the Village of West Clay to the east?
Response. Yes. Grafton Street has been revised to now reflect a boulevard and is
consistent with the Village of West Clay to the east.
· Comment #4. Does the petitioner agree to comply with the City's storm water quality
regulations.
Response. Yes. The storm water information currently available has been
provided to DOE. The development will comply with the Stormwater
Management Ordinance. The information provided to the DOE, subject to change
upon final design as part of the construction plan approval process, provides the
assurances that the development will provide and accommodate the required
storm water quality.
Thank you for your consideration of this primary plat.
Respectfully,
Steven D. Hardin
Enc losures
COMMJTMENTS 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:
Section 2.
Petition: 06100023 Z
2007028298 MISe $39.00
OS/23/2007 02:06:43P 14 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
See attached Exhibit "A".
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, shaH 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 "e" and shall be substantially similar in quality and
character as the Illustrative Home Elevations attached hereto as Exhibit "D."
F. Homes built on the Real Estate shall incl.ude 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 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-
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
BDDBOl 4691378v5
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 Cannel
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-half story.
K. All lots shall have a minimwn lot landscaping package as shown on the Trillium
Typical Lot Landscaping exhibit, attached hereto as Exhibit "F". The minimwn
number of plantings shall be as shown, however, the location of the plantings shall
be permitted to vary.
1. 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".
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 131st
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
stann water runoff from adjoining properties, the Real Estate, once developed, w111
not sheet-drain on adjoining properties as it currently does and, as such, there V\lill 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.
BDDBD14691378v5
Section 5.
Effective Date
The commitments contained herein shall be effective upon the approval of Petition
06100023 Z and shall continue in effect Wltil 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.
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 ~1i9 day of V\1A.( ,2007.
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Adams & Marshall Homes, rue. .
By:
Its: ~:5' Peuu T (Title)
STATE OF rNDIANA )
) ss:
COUNTY OF HAMIL TON )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared C. vJ'LL.l "S ~AMc... vr, who having been duly sworn acknowledged the execution
of the foregoing Commitments. .
Witness my hand and Notarial Seal lh~ dE~ 2007.
My Commission Expires: g --/0-;1.011
Notary Public
Printed Li vda [:. SJttIPer
Residing in Y'Y1JuUOn... County
[ affirm, under the penalties for perjury, that [ 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.
BDDB014691378\'5
EXIUBIT A
LEGAL DESCRIPTION
Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay
To\vnship, Hamilton County, indiana, described as follows:
BegiIming 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 i4.45 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 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 1443.58 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 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.
'si te plan
T rilli 11111
A Maintained LifeshJle Community
EXJHIBIT B
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TRILLIUM
CARMEL, INDIANA
April 2, 2007
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57 units
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EXHIBIT C
ARCHITECTURAL STANDARDS
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 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 to the most current edition
of the Indiana Building Code.
A. WINDOWS
1. At least two (2) windows shall be present on each fayade, and each occupied level. One
(l) window shall be permitted on half stories.
2. All windows, on all sides of the house, shall have trim as architecturally appropriate.
B. ENTRYWAYS
1. Entryways shall be clearly visible and shall be the dominant feature of the front fayade, or
the side facade.
2. Porches shall be a minimum of six feet deep, and shall be provided where architecturally
appropriate.
C. CHIMNEYS
1. Chinmeys shall extend fully to the ground, and above the eaves, if external.
2. Chinmeys 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 pemlitted.
D. GARAGES
1. If otI-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.
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. Aluminum and vinyl siding
shall not be used.
BDDB014691378v3
. tree preservation exhibit
EXl-IIBIT E
T rilli 11111
A Maintained Lifestyle Community
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2006 AERIAL PHOTO
TREE PRESERVATION KEY
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(FURTHER EVALUATION WILL OCCUR FOR TIlE OPEN SPACE COl\SERV A TION PLAN
AS PART OF THE !'RI.\1ARY PLAT PENDING A TREE INVENTORY AND STAKE SURVEY)
t'~.1 PROPOSED LANDSCA PING
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MULCH BED
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VARY PER CUSTOMER REQUESTS
NOT SHOI'lN ARE REQUIRED STREET
lREES AND PERlfAETER LANDSCAPE
BUFFER
70'-0" TYPICAL LOT WIDTH
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EXHIBIT F
SHADE TREE
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ITRILLIUM TYPICAL LOT LANDSCAPING I
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EXAMPLE OPTICAL CONTROL ALTERNATIVE
ACORN CUTOFFS (STREET LIGHT CAP) EXHIBIT
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IllUSTRATIVE DECORATIVE GARAGE DOOR
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Grooved Panel
Residential Garage Door
2" thick insulated sandwich panel constructed of
top quality materials, highly detailed grooved panel
embossment, deep pebblegrain texture and two
coat prefinished paint system all combine to
enhance the beauty of your home.
"This garage door exhll1lt Is only Intended to illustrate the garage door design and not the home design.
TI;15 INSBU~F.NI PRFPAHFJ) B'f:
DE-NNIS D< OLIJS1EAD
STOEPPEL'oYERll1 "NO A,SSOCLt..TES INC.
79[ffi E~ST ~ ~Eill-l SmF:f.:r
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PHONE: (317) B49-59.35
1":-115 INSTRUMENT PR::PARED "Dfil:
ADAMS k M!l,R5HALL
PO SOx: 800i 9-
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CONT,Io,CI; POT. ADA,IAS
PHCNE: (3-17) 844-B4114
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281l.ansdowne Drive, Noble.<virre,
'ndiafla 46060 (317) 379-9691
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April 2, 2007
Option 0
S2 ZONING:
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t:J 80' wide lots
SITE = 32.447Ac.:1:
57 lots
1.75u/a
11.996Ac.:l: Open Space
(36.9% including pond area)
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