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HomeMy WebLinkAboutZ-507-07 .. CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF PLATINUM PROPERTIES, LLC TO REZONE PROPERTY LOCATED AT 2000 \VEST 136TH STREET PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. 7...-507-07 To: Tke Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Plan Commission offers you the following report on the application (Docket No. 07020014 Z) of Platinum Properties, LLC, petitioning the Commission for a favorable recommendation to rezone property located at 2000 West 1361h Street, from S l!Residential to PUD/Planned Unit Development for the purpose of creating a single-family detached residence subdivision, to be known as the Westmont PUD. The Carmel Plan Commission's recommendation on the petltion of the applicant is "FA VORARLE" At its regularly scheduled meeting on June 19,2007, the Carmel Plan Commission voted seven (7) In Favor, zero (0) Opposed, to forward to the Common Council the proposed Ordinance No. Z-507-07 with a FA VORABLE recommendation, and with the following stipulations: I) The developer will continUE: to work with Carmel Engineering at Secondary Plat approval for traffic calming devices for all aspects of this plat; 2) in the event the City is able LO acquire easement and right-of-way on the north side of 1 36u1 Street before the planned improvement to 136111 Street, the developer w'ill install a path and device to get over the creek LO connect to neighboring Saddle Creek Development. Please be advised that by virtue of the Plan Comm ission 's Favorable Recommendatlon, pursuant to IC 36-7- 4-608(f)(4), the Council has ninety (90) days to nct on this petition before it becomes effective as Certified by the Commission. Ninety days from the daLe of this Certification (May 9, 2007) is Monday, September 24, 2007, 200i-0617; Z.507.()7 WESTMONT PUll CERT1I'ICATION Received JUN 2 7 2007 Carmel Clerk- TTeu.~ureT Ram iiI HanclJck, Secret ry Carmel Plan Commission Dated; ,June 27, 2007 Sponsor: Councilor Richard L. Sharp ORDINANCE Z-507-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA EST ABLlSHING WESTMONT PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in accordance with the requirements of Le. ~ 36-7-4-1500 et seq.~ and WHEREAS, the Plan Commission has given a positive recommendation to this PUD district ordinance (the "Westmont Ordinance") which establishes Westmont Planned Unit Development District (the "Westmont District") with respect to the real estate legally described in what is attached hereto and incorporated herein by reference as Exhibit I (the "Real Estate") NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to Ie 936-7- 4-1500 et seq., it adopts this Westmant Ordinance, as an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent ,^;th any provision of this Westmont Ordinance and its exhibits are hereby inapplicable to the use and development of the Real Estate, (iii) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Westmont Ordinance, and (iv) this Westmont Ordinance shaH be in full force and effect from and after its passage and signing by the Mayor. Section 1. Apolicabilitv of Ordinance. Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned Unit Development District to be known as Westmont District. Section 1.2 Development in the Westmont District shan be governed entirely by (i) the provisions of this Westmont Ordinance and its exhibits, and (ii) those provisions of the Zoning Ordinance specifically referenced in this Westmant Ordinance. In the event of a conflict or inconsistency between this Westmont Ordinance and the Zoning Ordinance, the provisions of this Wcstmont Ordinance shaH apply. Section 1.3 Any capitalized term not defined in Section 2 of this Westmont PUD shall have the meaning as set forth in the Zoning Ordinance in effect 011 the date of the enactment of this Westmont Ordinance. Section 2. Section 1.4 AI! violations of this Westmont Ordinance shall be subject to Section 34.0 of the Zoning Ordinance. Definitions and Rules of Construction. Section 2.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Westmont Ordinance: A. The singular number includes the pluraL and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C. The word "shall" is a mandatory requirement. The word "may" is a pennissive requirement. Section 2.2 Definitions. The following definitions shall apply throughout this Westmant Ordinance: Accessory Structure: A structure which is subordinate to a Dwelling or use located on the Real Estate and which is not used for penn anent human occupancy. Accessorv Use: A use subordinate to the main use, located on the real estate or in the sante Dwelling as the main use, and incidental to the main use. Aggregate Side Yard: The sum of the widths of the two (2) side yards located on one (1) lot. Architectural Review Board. A board, established by the Dec1aration(s) of Covenants, responsible for reviewing each Dwelling prior to the commencement of construction thereof Building Height: The vertical dist~ce from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard Toof and to the mean height between caves and ridges for gable, hip, and gambrel roofs. BZA: The Citis Board of Zoning Appeals City: The City of Carmel, Indiana. Commission: The Carmel Plan Commission. Community Open Soace: Open Space that is accessible. to alL owners in the Westmont District. Community Open Space shall be in the areas identified on the Open Space Plan (Exhibit 4) as Community Open Space. 2 Concept Plan: The Concept Plan attached hereto and incorporated herein by reference a'i Exhibit 2 which is the primary plat of the Real Estate. ControlHng Developer: Shall mean PPY, LLC until such time .85 PPY, LLC transfers or assigns, in writing, its rights as Controlling Developer. Such Right'i may be transferred by the Controlling Developer, in its sole discretion, in whole;: or in part. To transfer all or any portion of its rights as Controlling Developer, PPV, LLC may (i) name each individual owner of parcels within the Real Estate a<; Controlling Developer solely with respect to such parcels owned by each such individual owner, (ii) establish a committee of individual owners of the Real Estate within the Real Estate to act as Controlling Developer with respect to such parcels owned by all such owners, or (iii) use either method described in (i) and (ii) above with respect to di fferent portions of the Real Estate. Council: The City Council of the City of Cannel, lndiana. Declaration(s) of Covenants: Oeclaration(s) of Covenants, Conditions and Restrictions applicable to the Real Estate, or any portion thereof, which shall be prepared and recorded by the Controlling Developer in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. Department. The Department of Community Services of the City of Carmel, Indiana. Development Reauirements: Development stand~ds and any requirements specified in this Westmont Ordinance. Director: Director, or Administrator, of the Department. "Director" and "Administrator" shall include his/her authorized representatives. Dwelling: A detached single family residence. Front Loaded Garage: A garage the garage door of which is parallel both to the primary front favade of a Dwelling and to the street in tront of. the primary front fa9ade of the Dwelling. Masonry: Brick, stone, manufactured or synthetic stone, and stucco. Open Space: Open space shall comprise (i) a parcel or parcels of land, an area of water, or a combination of land and water, inclUding flood plain and wetland areas located within the Real Estate and designated by the Controlling Developer for the use and enjoyment of some or all of the residents of the Westmont District and (ii) both Community Open Space and Restrictive Opcn Space Except as otherwise provided herein, open space does not include any area which is divided into building lots, streets (except the landscaped medians of boulevards) or rights 3 of way (except tree lawns). The area of parking facilities serving the activities in the open space and paths or sidewalks located therein may be included in the required area computations. Owners Association{s): Owners Association(s) established by the Declaration(s) of Covenants. Prima!.)C Roof: The roof on a DweUing which has the longest ridge line. Real Estate: The Real Estate legally described in Exhibit 1, and comprising 115.824 acres, more or less. Restrictive Open Space: Open Space that is accessible only to the Owners, with the Westmont District, whose Lots surround the Restrictive Open Space. Restrictive Open Space shall comprise the areas identified on the Open Space Plan as Restrictive Open Space. Sign: Any type of sign as further defined and regulated by this Westmont Ordinance and the Sign Ordinance, contained within the Zoning Ordinance. Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance. Zoning Ordinance: The Zoning Ordinance, Ordinance 2-289, of the City of Carmel, Hamilton County, Indiana. Section 3, Accesson' Buildine:s and Uses. All Accessory Structures and Accessory Uses allowed under the Zoning Ordinance shall be permitted in the Westmont District unless prohibited in the Declaration(s) of Covenants; provided, however, that any detached accessory building shall have on all sides the same level of architectural features and shall be architecturally compatible with the principal building(s) with which it is associated. Sedion 4. Develoomcnt and Architech.lral Standards. Section 4.1 The development and architectural standards applicable to all Dwellings are specified in the Site Requirement Matrix (Exhibit 7). Section 4.2 The applicable character illustrations, indicating conceptually the intended architecture and appearance of 0) Dwellings on 100 and 120 foot wide lots are contained within Exhibit 8. and (ii) Dwellings on 80 foot wide lots are contained within Exhibit 9. Section 4.3 Each Dwelling in theWestrnont District shall be built by a builder which, during each of the five (5) calendar years prior Lo the commencement of construction of such Dwelling in the Westmont District, has built fewer than one hundred (100) Dwell ing~ per calendar year. 4 Section 4.4 One hlmdred (100) foot turning radii shall be permitted on the street corners adjacent to the lots idenli fled on the. Concept Plan as Jots 100 and 105. Section 5'. Bicvcle and _Pedestrian Plan and Open Space. The Bicycle and Pedestrian Plan is attached as Exhibit 3. The Controlling Developer shall install up to six (6) bicycle route signs, within the public right-of-way, in locations selected by the City. Opcn Space shall comprise a minimum of thirty-eight (38) acres and shall be in the areas identifieoon the Open Space Plan (Exhibit 4). Within the common area located in the southeast corner of the Westmant District, the Controlling Developer shall install a gazebo or pergola. Section 5.1. Ponds. Ponds shall not have long, unbroken segments of straight shorelines, and fountains may be installed in ponds in the Controliing Developer's discn:tion. Section 5.2 Trails. The nature trail identified bya blue dashed line on the Pedestrian and Bicycle Plan (Exhibit 3) and the pedestrian access easement located within the side yards of lots and also identified on the Pedestrian and Bicycle Plan (Exhibit 3) shall be surfaced with limestone fines. Section 6. Landscaoine ReQuirements. The landscaping in the Westmont District shall be as specified in Exhibit 6 (the Landscape Plan). Section 6... General Landscaping Standards. Landscapin,g shall be integrated with other functional site design elements, where appropriate, such as hardscape materials, paths, sidewalks, fencing or entry features. A. All trees, 5hmbs and ground covers shall be planted according to American Standard for Nursery Stock (ANSI 260.1), and followlng the standards and best management practices (BMPs) published by the Department's Urban Forestry Section. Landscaping materials shall be appropriate to local growing and climatic conditions. Plant suitability, maintenance and compatibllity with site construction features are critical factors that should be considered. B. Shade trees shall be at least 2.5 inches in caliper diameter when ptanted. Ornamental trees shall be at least 1.5 inches caliper diameter when planted. Evergreen trees shall be eight (8) feet in height when planted. Shrubs shall be at least twenty-four (24) inches in height when planted. Omamc.ntal grasses shall obtain a mature height of at least 3 feet. C. Trees with Tree Preservation Areas identified on the Exhibit 5 (Tree Preservation/Clearing Plan) shall be preserved; provided, however, trees may be removed under any of the following circumstances: 1. As is necessary to clear underbrush and dead trees; 5 2. As is necessary for the installation of access easements, paths, sidewalks, utilities and drainagc improvements, infrastructure; and 3. As is necessary for public health and safety as determined in cooperation with the Urban Forester. Section 6.2. Street Trees. Medium or large growing shade trees, of the specifications set forth in Section 6.1 (B) above, shall be planted within the street right-:-of-way, parallel to each stred, in planting ~trips. Street trees shall be planted a min i'mum of thirty (30) feet and a maximum offifty (50) feet on center. A. Pcr City standards, no street trees shall be planted in conflict with drainage or utility easements or structures, underground detention (unles,s so designed for that purpose), or within traffic vision safety clearances. However, where the logical location of proposed utilities would compromise the desired effect, the Controlling Developer may solicit the aid of the City's Urban Forester in mediating cost-effective solutions. B. Street tree species shall be selected from the City's published list of recommended street trees. Street trees shall be pruned to a height of eight (8) feet minimum over sidewalks and twelve (12) feet minimum over streets, to allow free passa.ge along the sidewalk. Section 6.3. Dwelling Landscaping Standards Building base landscaping for each Dwelling shall include a minimum of fourteen (14) shrubs and/or ornamental grasses, two (2) shade trees and one (1) ornamental tree, and shall be planted along the (i) front elevation, of the Dwelling and (ii) the side elevations of the Dwelling not occupied by a driveway or a garage door. Section 6.4. Maintenance It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping in accordance with this Westmont Ordinance and best management practice standards. This is to include, but is not limited to, mowing, tree trimming, planting, maintenance contracting, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Section 7. Sitms and Street Lie:hts. Unless variances are granted by the BZA, signage for all residential areas shall meet the requirements of Article 25.7 of the Zoning Ordinance. Typical residential signs are depicted on Exhibit 10. Illumination of any monument signs identifYing the Westmont District shall be fro]J1 a source external to such signage. All street lights located within the public rights-of-way shall have downcast fixtures/90 degree cutoff. Section 8. Maximum Unit Limitations. The total number of Dwell,ings shall not exceed one hundred forty three (143). 6 Section 9. Homeowners Association and Declaration of Covenants. Oeclarati'ons of Cove;riant(s) shall be prepared by the Controlling Developer amI. recorded with the Recorder of Hamilton County, Indiana. There may be multiple Dcdaration(s) of Covenants applicable to different portions of the Real Estate, and multiple corresponding Owners' Associatiort(s). The Dcclaration(s) of Covenants shall establish an Architectural Revjew Board, which shall establish guidellnes regarding the design and appearance of Dwellings and, with respect to residential colors, shall provide that (i) selected colors must be harmonious with colors used on the Dwelling, such as roofing and brick, and m.ust be harmonious with other colors used 'in. the Westmont District, (ii) multiple colors are available on the color palette approved by the Architectural Review Board, which, from time to time, may be reyiewed and updated. Section 1 O. Apnroval Process. 10.1 Approval orDenial of the Primary Plat/Development Plan. A. Concept Plan. The Concept Plan has been reviewed and approved by the Commission, and constitutes the approved primary plat and, as such, the Developer shall not be required to return to the Commission for primary plat approval. B. Secondary Plat Approval. The Director shall have sole and exclusive authority to approve, with or without conditions. or to disapprove any Secondary Plat; provided, however, that the Director shall not unreasonably withhold or delay the Dir~ctor's approval of a Secoridary Plat that is in substantial conformance with the Concept Plan and is' in conformance with the Development Requirements of this Westmont Ordinance. If the Director disapproves any Secondary Plat, the Oirector shall set forth in writing the basis for the disapproval and schedule the request for hearing before the Commission. Section 10.2. Modification of Development Reauirements. A. The Commission may, upon petition oftheControllin>g Deve!oper,modify any requirements specified in this WestmontOrdinance. B. Modification of the Development Requirements, requeste.d by. the Controlling Developer, may be approved by a hearing examiner or committee designated by the Commission, after a public hearing held in accordance with the Commission's Rules of Procedure. However, any decision of a hearing examiner or committee which denies any requested modification may be appealed by the party requesting approval to the Commission, also in accordance with the Commission's Rules of Procedure. C. Any proposed modification of the Development Requirements shaH comply with the followi ng guidelines: 7 ] + The modific,ation shaH be in hannony with thc purpose and intent of this Westmoilt Ordinance. 2. The m9dificl;ltiotl shall not have an adverse iJJlpact on the physical, visual, or spatial characteristics of the Westmant District. 3. The modification shall not have an adverse impact on the streetscape and neighborhood. 4. The modification shall not result in configurations of lots or street systems which shall be unreasonable or detract materially from the appearance ofWestmont District. 5. The minimum lot size of any lot to be created shall not be reduced below the requirements ohhis Westmont Ordinance. D. When applying the Development Requirements, the Commission shall carefully weigh the specific circumstances surrounding the modification petition and strive for-development solutions that promote the spirit, intent and purposes of this Westmont Ordinance. E.' If the COmIIlission (acting through its hearing examiner or committee) detenniJies that the proposed modification will not have an adverse impact on developmenf .in Westmont District, it shall grant a modification of the Development Requirements. In granting modifications, the Commission may impose such conditions as will, in its reasonable judgment, secure the objectivtls and purposes ofthis Westmont Ordinance. Section 11. ControlJine Developer's Consent. Without the written consent of the Controlling Developer, no other develope", user, owner, or tenant may obtain any permits or approvals, whatsoever, with respect to the. Rea.l Estate or any portion thereof and, as such, and by way of example but not by limitation, none of the following may be obtained without the approval and consent of the Controlling Developer: A. . Improvement location permits for any improvements within the Real EState; B. Sign permits for any signs within the Real Estilte~ C. Building permits for. any buildings within the Real Estate; D. Secondary plat approval for any part of the Real Estate; and E. Any text amendments or other variations to the terms and conditions of this Westman! Ordinance. !l " dA-- L day of PASSED by the Common Council of the City of Cannel, Indiana this O...u (f .{ l:& , 2007, by a vote of 7 ayes and 0 nays. COMMON COUNCIL FOR THE CITY OF CARMEL !' ArrEST: Diana L. Cordray, lAMe, Clerk Tre Mark Ratte ann .~L~ W. Eric Seidenst~er -' RiChar&~ " 9 r C . '1-tL o . armel, [ndtana the _ day of o'clock ~.M. f)~e Diana 1. Cordray, lAMe, Clerk Trea~ er /) Presented by me to the Mayor of the City ~~ , 2007, at q:Lfd.- o. Approved by me, Mayor of the City of Carmel, Indiana, this ~ ~ ~ urtA.Ot ,2007, at IO~ 01- o'clockk.M. ArrEST:~&h Diana L. Cordray, lAMe, Clerk Treasurer J This Instrument prepared by: Charles D. Frankenberger, NELSON & FRANKENBERGER, 3105 East 981h Street, Suite 170, Indianapolis, IN 46280. 1I:\8r.c;:IlY'Zanmn A. Renll~~1IC ."bllas'JlI.A'THM1.IIEl)'\Wc"tlIllOllII'~JI)Ord Wit:tl..:.fI Toe. ctc.doc 10 A part ofthe South Half of Section 21, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of said Half Section; thence South 89 degrees 38 Minutes 41 seconds West along the South line of said Half Section a distance of 1,3}7,(j5 feet to the Southeast comer ofthe West Half of the Southeast Quarter of said Section; lhencecontinuing South 89 degrees 38 minutes 41 seconds West along said South line 480.00 feet to the POINT OF BEGINNlNG of this description; thence North 00 degrees 13 minutes 55 seconds East parallel with the East line of said Half Quarter Section a distance of 600.00 feet; thence North 89 degrees 38 minutes 41 seconds East parallel to the South line of said Quarter Section a distance of 480.00 feet to the East line of said Half Quarter Section; thence North 00 degrees 13 minutes 55 seconds East along said East line 2,030.82 feet to the Northeast comer of said Half Quarter Section; thence South 89 degrees 40 minutes 24 seconds West along the North line of said Quarter Section a distance of 1,345.38 feet to the Northeast corner of the Southwest Quarter of said Section; thence South 89 degrees 39 minutes 54 seconds West along the North line of said Quarter Section a distance of748.82 feet to the Northeast comer of Westwood Estates, Section I, recorded as Instrument Number 2003-124222 in Plat Cabinet 3, Slide 313 in the Office of the Recorder, Hami Iton County, Indiana; thence South 00 degrees 05 minutes 41 seconds East along the East line of Westwood Estates, Section 1 and paranel to the West line of the East Half ofsaid Quarter Section a distance of 1,315.72 feet to the North line of the Bennett Subdivision, recorded as Instrument Number 2004-49422 in Plat Cabinc.t 3, Slide 443 in said Recorder's Office; thence along the Northern and Eastern lines of said Bennett Subdivision by the next two (2) courses; I) North 89 Degrees 38 minutes 41 seconds East 116.48 feet; 2) South 00 degrees 21 minutes 19 seconds East 1,315.91 feet to the South line of said Half Section; thence North 89 .degrees 38 minutes 41 seconds East along said South line 1,810.19 feet to the place of beginning, containing 115.824 acres, more or less. r EXHIBIT SITE REQUIREMENT MATRIX DEVELOPMENT STANDARDS ............ J.\1inimum I Minimum Minimum Lot Minimum Front Yard Minimum Minimum Minimum Minimum Maximum Minimum Lot Width at Lot Frontage at Setback Side Yard Aggregate Side Separation Rear Building. Square Building . Street Setback Yard Setback Between Yard Height Footagel Line ..- Dwellin,:{s" Setback L20 ft. . 16,800 sf. 40 ft. 20 ft. 5 ft. 20 ft. 20 ft. 20 ft. 35 ft. 2,400 sf. 100 ft. L2,000 sf. 40 ft. 20 ft. 5 ft. 20 ft. 20 ft. 20 ft. 35 ft. 2,000 sf. , 80 ft. 9,600 sf. 40 ft. 20 ft. for Dwellings with a 5 ft. 10 ft. 10 ft. 20 ft. 35 ft. 1,700 sf. courtyard side-entry garage, and 25 ft. for all other Dwellimrs. ARCIDTECTURAL STANDARDS - APPLICABLE TO ALL DWELLrnGS Permitted Required Garage Type Chimneys Porch Roojline Fences Building Window Materials Ooenings Masonry, Wood, 2 per level, per Court-, side-, or front-loading. Masonry, At least six feeJ Primary Roof Fencessha11 not be Cementitious fayade.3 All Front loading garages must be extended deep, consistent shall have 6/12 chain-link or Board, Synthetic windows shall recessed at least 10' back from the fully to materials/desir pitch.7 12" coated chain-link. Stucco, and be fully framed primary front fa9ade of the ground and with Dwelling overhang after Perimeter fences, ElFS2 and trimmed Dwelling.4 Garages may be above installation of enclosing large I attached to the DwcLling or not ridgeline5 siding. areas on a lot, such attached to the Dwelling. All as a rear yard, shall garages shall be a minimum of a be black wrought two (2) car garage, and tandem iron or black garages are prohibited. wrought iron in appearance. 8 - Legend ft. -Feet sf. ~ Square Feet IExclusive of porches, terraces, and' garages. 2The exterior building materialsand architectural style established by the front elevation of the Dwelling shall be continued around the side and rear elevations. 3Provided, however, that (i) windows shall not be required on the sides of front loaded garages and (ii) a vent may be substituted for a window on a gable. 4Front Loaded Garages are not pennitted on Dwellings located on Lots which are eighty (80) feet in width at the building line. . 5provided, however, that chimneys which protrude from inside the Dwelling may also have cementitious board, synthetic stucco and/or EIFS as their exterior building material. 6Porches are not required on an Dwellings. Ifno porch is provided, the entryway shouLd be covered and deep enough to provide shelter at the front door, as well as provide an appropriate and adequate level of detail. 7In order to permit diversity in architectural style, this requirement shall apply only to a majority ofresidence.s. 8Provided, however, that other fonns of fencing, such as wooden shadow box fencing, shall be allowed to screen smaller areas, such as patios and hot tubs. H:\BecJ...'ylZoning & Real EstateIPU\ Th'M\IrsaJi\Dwelling Matrix 062007.doc CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF PLATINUM PROPERTIES, LLC TO REZONE PROPERTY LOCA TEll AT 2000 WEST 136'fH STREET PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-507-07 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Cannel Plan Commission offers you the following report on the application (Docket No. 07020014 Z) of Platinum Propenies, LLc' petitioning the Commission for a favorable recommendation to rezone property located at 2000 West 136lh Street, from S llResidential to PUD/Planned U nit Development for the purpose of creating a single-family detached residence subdivision, to be known as the Westmont PUD. The Carmel Plan Commission's recommendation on the petition of the applicant is "F A VORABLE" At its regularly scheduled meeting on June. 19,2007, the Carmel Plan Commission y'otcd seven (7) In Favor, zero (0) Opposed, to forward to the Common Council the proposed Ordinance No. Z-507-07 with a FAVORABLE recommendation, and with the fonowing stipulations: 1) The developer will continue to work with Carmel Engineering at Secondary Plat approval for traffic calming devices for all aspects of this plat; 2) in the event the City is able to acquire easement and right-oC-way on the north side of 1361h Street before the planned improvement to I 36111 Street, the developer will install a path and device to get over the creek to connect to neighboring Saddle Creek Development. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to Te 36-7- 4-608(f)(4), the Council has ninety (90) days to act on thlS petition before it becomes effective as Certifieli hy the Commission. Ninety days fTom Ihe date of this Certification (May 9, 2007) is Monday, September 24, 2007. Rumo (I Hutlc(}ck. Secrer ry Carmel Plan Commission Dated: .June 27, 2007 2nm-0627; Z-507-07 WES'[,MONTl'UD CERTlf'lCATION Received JUN 2 7 2007 Carmel Clerk. TrclLmrer