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HomeMy WebLinkAboutApplications Page ] of 1 v u Griffin, Matt L From: Steve Pittman [steve@pittmanpartners.comj Sent: Friday. March 23, 2007 10:40 AM To: Griffin, Matt L; Hollibaugh, Mike P Subject: Crook Property at Westmont Matt: I wanted to let you know that I have dropped the Crook property from our Westmont petition. It is my feeling that we will be putting plenty of lots on the market w Westmont and that we needed to delay the development of Crook for at least 24 months. The Crooks were unwilling to accept this delay. lx, Steve Stcve Pittman Mail: POBox 554, Cannel. IN 46082-0554 Office: 11711 N. Pennsylvania St., CaJmel, IN 46032 :3 I 7.580.9693 direct 317.580.9786fl1x s leve@.pittlnanpartners.com 3/2612007 " ""'- u u NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINA VER LA WRENCE J. KEMPER JOHN B. FLATT 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317-844-0106 FACSIMILE: 317-846-8782 www.nf-Iaw.com FREDRIC LAWRENCE DA VlD J. LICHTENBERGER JESSICA S. OWENS Of Counsel JANE B. MERRILL February 19,2007 Mr. Matt Griffin Carmel Dept. of Community Services One Civic Square Carmel, IN 46032 -tf: ---. ~"''\ \ \ Dt'r.- ~~lr\r"-~ 1f'iJ..,,'Cl ~ t!J ) r;:~~ ~ .'~fi It:' i- 1\.1Gu RE: Westmont -rrsay '" ~ " Dear Matt: As mentioned when we last met, we are amending our request to also include the 20 acre parcel titled in the name of Andy and Rhonna Crook, and located to the west of the 115 acres titled in the name of Sweet Charity Estates, LLC. To this end, we have enclosed an amended application and POD Ordinance, along with the following drawings and exhibits, all of which were part of the plans distributed to TAC on February 2,2007: 1. The following, on 8-112: a. An aerial photograph on which Crook parcel is outlined in yellow; b. Another aerial photograph on which the plat for the Crook parcel, along with the plat for the Sweet Charity Estates parcel, are superimposed. 2. Drawings on 11 x 17: a. Site Plan~ b. Overall Site Plan; c. Open Space Plan~ d. Preliminary Lighting and Signage Plan; e. Tree Preservation/Clearing Plan; f. Landscape Plan; , . .. , u u g. Plan enlargement and details. 3. The following full size drawings: a. Preliminary Plat; b. Open space calculations; c. Tree Preservation/Clearing Plan; d. Landscape Plan; c. Plan enlargement in detail All of the drawings and exhibits described above and pertaining to the Crook parcel, along with all of the originally filed drawings pertaining to the Sweet Charity Estates parcel, were included in the T AC mailing for the upcoming TAC hearing scheduled to occur on February 21,2007. Should you have any questions or comments regarding this, please do not hestate to call me. Thanks for your help. Very truly yours, NELSON & FRANKENBERGER c4_<-- Charles D. Frankenberger CDFlbjt Enclosures H:\A('ckymrml'" FilL.,,'\2'.llnillg. & Rrnl E~ltil\; :vb11U"~\E'LATNM"lrsay\l...1r If.> Matt GriJflll.doc .' y -" u PETITION TO CHANGE THE OFFICIAL ZONING MAP INCORPORATED BY REFERENCE INTO THE CARMEUCLA Y ZONING ORDINANCE -- REZONE APPLICATION -- $802.00 plus $107.00 per aCJ:"e (POO $1595.00, pIns $107.00 per aCl'~) Date: Docket No. , ' ~ .~ ,_10.- . Name of Applicant: PPV. LLC "- ''- , Contact Person Name and Company: Paul Rioux.. Platinum PrO'Oerties. LLC~ Steve Pittman, Pitbnan Partners. Inc. Contact Person Phone, Email: PaulRioux.818~2900Extl.Prioux@platinum-Ptoperties.com~ Steve Pittman 580-9693, Steve(ciJpittmanparlneTIl.com Contact Person Address: Platinum Properties, LLC, 9757 Westooint Drive. Suite 600, Indpls.: IN 46256~ Pittman Partners. IDe.. P.O. Box 554. Caimel. Indiana 46082 " Parcel 1 Owner's Name: Sweet Charity Estates. LLC Phone No. (317) 818-2900 Ext 1 '" Parcel 2 Owner's Name: Andrew W. and Rhonna Crook Phone No. (317) 844-9216 Contact Person: Paul Rioux and SteyePittman Contact Person's Address: see above Fax No. (317) 863-2055 City. State, Zip: see above . Legal Description (Use additional page(s) if necessary): Attached as EXHIBIT A . Common Address of Property Involved (or General Description if no Address Exists): Between 141"' Street to the north. 136th Street to the south. Ditch Road to the east. and Towne Road to the Wl.,"St. The common addresses are: Parcell. 2000 West 136m Street, Carmel. IN 46032 ParcelZ - 2288 West 136m Street, Cannel. IN 46032 '" Tax Parcel In #: Parcell - 17-09-21-00-00-007.000: Parce12 .. 17-09-21-00-00-011.@. .. Proposed Zoning Change: From the 8-1 District to the POO District, for the property shown outlined in red on the map attached hereto, which is made part of this petition. . Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary): Attached as EXHIBIT B. u u Owner Sweet Charity Estates, LLC By: PlatinumProperties. LLC BY' ~1!~~ent STATE OF INDIANA ) ) ss: COUNTY OF ,&ml.l. nrAL ) ".",,,,,,,,,~ OFFICIAl. SEAl .,~~ KENNETH R. BRASsem ~ ~"':1 SEALj l NctQry P~bllc. Sima of ln~;::.", ~ \ '" LJ Re.slde:nt of Homllton CCl!~:' ~Oy~~Y Mvcomml&$lon Explree Ocl. 1;1, ::..~7 Before me, a. Notary Po.blic, in. and for said County and State, personally apPeared :Paul Rioux. Jr., President of Platinum Properties, LLC. an Indiana limited liai;Jility company, Manager of PPV, LLC. an Indiana limited liability company. and acknowledged the execution of the foregoing Petition this. 1)..f.I. day of FhA/O(( . 2007. ~a~ Notary Public My Commission Expires / p~/6f-I.J'" Resident of ~,~^ "?Z"""'" County, Indiana Printed: 1tf",/J'0l/ L Lf~~ OWner /1:,""'".) 11), O~ ew Crook STATE OF INDIANA ) ) ss: COUNTY OF ) Before m~, a Notary Public, in and for said County and State, personallt appeared Andrew Crook and acknowledged the execution of the foregoing Petition this ..L2.- day of ~~~uA~~2007. ' I ~ My Commission Expires: ... ~Q'~ ,_ ~--ZO\'Z- Notary blic Residentof \.\AM1L-Wt--l yOWlty, Indiana Printed: ~",~~}'L Si'A\'T"l-1 (f:"'.~~~~'_';;;~f'il . -, ..... .- . " u u ~ Owner I(s ~----- Rhonna brook . STATE OF INDIANA ) ) SS: COUNTY OF ) Before me. a Notary Public, in and for said County and State. personally appeared Rhonna Crook and acknowledged the execution of the foregoing Petition tbis ~ day of FE"BlZ.ulJ.~'t I 2007. My Commission Expires: ~~Q~ Notary Public \ ~ (-&20\"2... Resident of \-\ t:.lJ\ \ CVo~ County, Indiana Printed: j. ~el\ L S M I11-l ",,': c \::~.~u.'''~ '_:~_' .~:\,,:,,_ ,-i - t ' ~ j I ! By: PlatinmnProperti.es. LtC By: .~~~ ;'. I ~,". '; '-,;' , '~-)\1 >.!. '\ ),: . \ . - " -"J ./ ' " ' ._.. ('I.- < ~)- .. c' ,:,,"- -_., " i ,,~. ~~ I "," .; ,,_~ -..... '..i'/':::'-.._\~ /' / -...., -. ,""'t'c\';'::,"'Y- '~q ~"',', L'~" Applicant PPV.LLC ) ) Ss: COUNTY OF II /Q'n/.(. w;d ) ~,,\'''I''~ OffiCIAL SEAL ... l~-~(< KENNETH R. BRASSEt:~ rJ;:.- .. \()~ ... " is!EAL" ~ Notary Public. stoto of II'lC:.::'. \. \. '2 11 RaGldent of Kamllton C~c:::, ~<~lflii.~~./ M,/Comml;slofl ElCpir~~ Oo!. 19, ~i.J1 Before m~ a Notary Public, in and for said! itinty and State, personally appeared paUl Rioux~ Jr., President of Platinum Properties, LtC, an Jndiana limited liabiHtycompany) Mana.ger or PPVt LLC, an Indiana limited liability company, and acknowledged th~ execution of the foregoing Petition this 1'1- 91. day of 1'l'6,.,vpn/ ) 2007. ~~~~1f-- Notary Public My Commission Expires STATE OF INDIANA 1:0 _/4'_ #7 Resident of ~n.Y7;t! COMty. Jndiana Printed: kfv; ~ oR. $,e;d~('"/4""'- u u EXHIBIT A PAGE 1 OF2 PARCEL 1 A part of the South flalf of Section 21, Township 18 North, Range 3 Eas~ Cla.y Township, Hamilton County, Indiana, more particularly described as follows: CODimencing 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 1,337.65 feet to the Southeast comer of the West Half of the Southeast Quarter of said Section; thence continuing South 89 degrees 38 minutes 41 seconds West along said South line 480,00 feet to the POrNT OF BEGINNING 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 ~aid 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 nriilutes 24 seconds West along the North line of said Quarter Section a distance of1,345.38 feet to the Northeast comer 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 1, recorded as Instrument Number 2003-124222 in Plat Cabinet 3, Slide 313 in the Office of the Recorder. Hamilton County, Indiana; thence South 00 degrees 05 minutes 41 seconds East along the East line of Westwood Estates, Section 1 and parallel to the West line of the East Half of said 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 Cabinet 3, Slide 443 in said Rf;lCorder's Office; thence along the Northern and Eastern lines of said Bennett Subdivision by the next two (2) courses; 1) 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 Bast along said South line 1,&10.19 feet to the place of beginning, containing 115.824 acres, more or less. o ' w u EXHmIT A PAGE20F2 PARCEL 1 A part ofthf: Southwest Quarter of Section 211 Township 18 No~ Range 3 East in Clay Township, Hamilton County, Indiana, being :mOre particularly described as fellows: Commencing at the Southwest comer of said Quarter Section; thence North 89 degrees 38 minutes 41 se(;()nds East along the South line of said Quarter Section 666.07 feet to the POINT OF BEGINNING of this description; thence North 00 degrees 26 minutes 56 seconds West t ,329.06 feet; thence South 89 degrees 59 minutes 09 seconds East 672.00 feet; thence South 00 degrees 00 minutes 26 seconds West 1,324.75 feet to the aforesaid South line of said Quarter Section; thence South 89 degrees 38 minutes 41 seconds West along said lin:e 661.44 feet to the place of beginning, containing 20.3 acres, more or less, subject to all legal highways, right-oi-ways and easements on record. This description was prepared. without the benefit of an &CC'llIUte boundaxy survey and is subject to ohange. u u EXHIBIT B STATEMENT OF COMPLIANCE \VITH THE CARMEL/CLAY coMPRBENSIVE PLAN The proposed development is for a low density, detached single family residential neighborhood which will be consistent with already approved, e:xisting, surrounding residential neighborhoods. I. I Sponsor: CARMEL, INDIANA y-ed l,h-fG Cl) pi 5 - 07 - 0-' WESTMONT PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Section I. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. St:dion 10. St:ction II. T ABLE OF CONTENTS Pa!!e Annl icahi litv of Ordinance...... ......... ............ .... ...................... ................. .........................4 Definitions and Rules of Construction....................................................................... 5 Accessorv Buildings and Uses ....................................................................................... 7 Development and Architectural Standards..................................................................... 7 B icvcle and Pedestrian Plan and Open Space.......... ... ....... .................. ....... ...8 Landscaping Requirements .......................... ........ .......................................................... 8 Signs and Street Lights.........~.............:................'-...........................................................9 - ( Deleted: ljglililJ1. l\1aximum Unit Limitations ........................................................................................... 9 Homeowners Association and Declaration of Covt:nanls............................................. 9 Approval Process....... ...... .................... ....... ................................. ......... ........................ 10 Controlling Developer's Conscnt ................................................................................ I I 2 Exhibit I. Exhibit 2. Exhibit 3. Exhibit 4. Exhihit 5. Exhihit fl. Exhihit 7. Exhibit 8. Exhibit 9. Exhibit 10. SCHEDULE OF EXHIBITS Lt:gal Dt:sl:riplion Concept Plan Bicycle and Pedestrian Plan Open Space Plan Tree Preservation/Clearing Plan Landscane Plan Site Requirement - Matrix - Developmenl and Architectural Standards Character Illustrations - Dwellings on 100 and 120 fOOL wide lots. Characler Illustrations - Dwellings on 80 root wide lots. Li!!hling and Signage Plan :I Sponsor: Councilor ORDINANCE AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING 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 Devdopment District in accordance with the n:quirements of l.c. ~ 36-7-4-1500 et seq.; and WHEREAS, the Plan Commission has given a positive recommendation to this PUD district ordinance (the "Westmont" Ordinancc") which establishes Westmont Planned Unit Development District (the "Wcstmant District.") with respect to the real estate legally described in what is attached hereto and incorporated herein by reference as Exhihil 1 (the "Real Estate") NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC *36-7- 4-1500 el seq., it adopts this Westmont Ordinance, as an amcndmcnt to the Zone Map, (ii) all prior ordinanccs or parts thcreof inconsistent wilh any provision of this Westmollt Ordinance and its exhibits are herehy inapplicable to the use and development of the Real Estate, (iii) all prior commitments and rcstrictions applicablc to thc Real Estate shall he null and void and rcplaccd and superseded by this Westmont Ordinance. and (iv) this Westmont Ordinance shall bc in full force and elrcct from and after its passagc and signing by the Mayor. Section I. Applicabilitv uf Ordinance. Section 1.1 The Zone Map is hcrcby changed to designate the Real Estate as a Planncd Unit Development District to he known as Westmont District. Section 1.2 Development in the Westmant District shall be governed entircly by (i) the provisions of this Westmant Ordinance and its exhibits, and (ii) those provisions or thc Zoning Ordinance specilically referenced in this Westmont Ordinance. In thc cvcnt of a contlict or inconsislency bctween this Westmont Ordinance and the Zoning Ordinance, thc provisions of this Westmont Ordinance shall apply. Section 1.3 Any capitalized term not dctincd in Section 2 of this Westmont pun shall have the mcaning as set forlh in the Zoning Ordinance in effcct on the date of the enactment of this Westmon! Ordinance. 4 Section 1.4 All violations of this Westmont Ordinance shall be subject to Scetion 34.0 of the Zoning Ordinance. Section 2. Definitions and Rules of Construction. Section 2.1 General Rules or Construction. The following general rules of construction and definitions shall apply to the regulations of this Westmont Ordinancc: A. The singular number includes the plural and Ihe plural the singular, unless the context clearly inuicatcs the contrary. B. Words useu in the present tcnse induue the past anu future tenses, and the future the present. C. The word "shall" is a mandatory requirement. The word "may" IS a permissivc reljuirerm:nt. Section 2.2 Definitions. The following definitions shall apply throughout this Westmont Ordinance: Accessory Structure: A structure which is subordinate to a Dwelling or use located on the Real Estate and which is notllsed for permanent human occupancy. Accessory Use: A use subordinate to the main use, loeatcd on the real estatc or in the same DwclIing as thc main use, and inc:idental to the main use. A!!!!re!!ah: Side Yard: The sum of the widths of the two (2) side yards located on one (I) lot. Architectural Review Hoard. A board, established by Ihe Declaration(s) of Covenants. rcsponsiblc lor reviewing each Dwelling prior to the commencement of construction thereof. Building Hei(!ht: The verlical distance from the lot ground level to thc highcst point of the roof for a flat roof. to the deck line of a mansard roof and to Ihe mean height between eaves and ridges for gahle, hip, and gamhrel roofs. HZA: The City's Board of Zoning Appeals City; The City of Carmel. Indiana. Commission: The Carmel Plan Commission. Community Open Space: Open Space that is accessible to all owners in the Westmont District. Community Open Space shall he in the areas idcntified on thc Open Space Plan (Exhibit 4) as Community Open Spacc. 5 Concept Plan: The Concept Plan auached hereto and incorporated herein by rclcn:nce as Exhibit 2 which is the primary plat of the Real Estate. Controlling DevclODcr: Shall mean PPY, LLC until such time as PPY, LLC transfers or assigns, in writing, its rights as Controlling Developer. Such Rights may be transferred by the Controlling Developer, in its sole discretion, in whole or in part. To transfer all or any portiun uf its rights as Controlling Developer, PPY, LLC. may (i) name each individual owner of parcels within the Real Estate as Controlling Developer solely with respecttu such parcels owned by each such individual uwner, (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 uwm:d by all such owners, or (iii) use either method described in (i) and (ii) ahove with respect to different purtions of the Real Estate. Council: The City Council of the City of CarmeL indiana. Declaration(sl of Cuvenants: Dectaration(s) of Covenanrs, Conditions and Reslrictions applicahle to the Real Estate, ur any portion thereof. which shall be prepan:d and rc\:orded by the Controlling Developer in the office of the Recorder of Hamilton Counry, Indiana. and which may, from time to time, be amended. Department. The Department uf Community Services of the City of Carmel, Indiana. Development Reauirements: Development standards and any requirem\:nts specified in this Westmont Ordinanc\:. Director: Director. or Administrator. of the Department. "Director" and "Administrator" shall inelude his/her authorized represenlatives. Dwelling: A detached single family residence. Front Loaded Garage: A garage the garage door of which is parallel both to the primary front far;ade of a Dwdling and to the street in front of the primary front fa~'adc of the Dwelling. Masonry: Brick, stone, cultured stone, and stucco. Open Space: Open spa\:e shall \:omprise (i) a parcel or parcels of land, an area of water, or n combination of land and water, including 1100d plain and wetlnnd areas located within the Renl Estate and designated by the Controlling Devt:Juper for the use and enjoyment of some or all of Ihe residents of the Westmont District and Oi) both Community Open Space and Rt:strictiye Open Spaee Except as otherwist: provided herein, open space does not include any area which is divided into building lots. streets (except tht: lands\:aped medians of boulevnrds) or rights 6 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 n:quired area computations. Owners Association{s): Owners Association(s) established by the Declaration(s) of Covenants. Primarv Roof: The roof on a Dwelling which has the longest ridge line. Real Estate: The Real Estate legally described in Exhibit I. and eompnslllg IIS.R24 acres. more or less. Restrictive Open Space: Open Space that is accessible only to the Owners, with the Wcstmont District, whose Lots surround the Restrictive Open Spaee. 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 Ordinam:e and the Sign Ordinance. contained within the Zoning Ordinance. Zone Map: The City's official Zone Map corn:spomling to the Zoning Ordinance. Zonin!! Ordinance: The Zoning Ordinance, Ordinam:e Z-289, of the City of Carmel, Hamilton County, [ndiana. Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses allowed undcr the Zoning Ordinance shall be permitted in the Wcstmont District unless prohibited in the Declaration(s) of Covenants; provided. however, that any detached accessory building shall have on all sides thc samc level of arehitcctural fcatures iill.!! sl~all be architecturally compatible with the principal building(s) with which it is associated. Sectiun 4. Develupment and Architectural Standards. Section 4.1 Thc development and architectural standards applicable to all Dwellings are specitied in the Site Requirement Matrix (Exhihit 7). Section 4.2 The applicahle character illustrations, indicating conceptually the intended architecture and appearance of (i) Dwellings on 100 and 120 foot wide lots are contained within Exhihit R. and (ii) Dwellings on SO foot wide lots are contained within Exhihit 9. SCl:tion 4.3 Each Dwelling in thc Westmont District shall be built by a builder which. during each of the tive (5) calendar years prior to the commencement of construction of such Dwelling in the Westmont District, has built fewer than one hundred (100) Dwellings per calendar year. 7 [ Deleted: or Section 4.4 One hundred (100) foot turning radii shall be permilted on the street corners adjacent to the lots identified on the Concept Plan as lots 100 and 105. Section 5. Bicvclc and Pcdestrian Plan and Open Space. The I3icyc\e and Pedestrian Plan is attached as Exhibit 3. The nature trail. identified by a blue dashed line on the Bicvcle and Pedestrian Plan (Exhibit :3) shall be eonlDosed of mulch and shall not be covered with a hard surface. Open Space shall comprise a minimum of thirty-eight (38,) _acres _and s.hall be_ ~n ~1~_ areas identified on the Open Space Plan (Exhihit 4). Within the c<'!'!Im_on area located in the southeast corner oC the Westmont Distrkt, till: _GC!.ntroJli~g_ D_evcloper_ shall. inst~'11l a gazeb~ or pen!OI~. .. ------- --- - - ------ ----------------- Section 6. Landsc3pine: RCQuirements. The landscaping in the Westmont District shall he as specified in Exhibit 6 (the Landscape Plan). Section 6.1. General LandsculJing Stundurds. Landscapi ng shall be integrated with other functional site design clements, where appropriate, such as hardscape materials, paths, sidewalks. fencing or entry features. A. All trees, shrubs and ground covers shnll be plnnted according to American Standard for Nursery Stock (ANSI Z60.1), and following the standards and best management practices (BMPs) puhlished by the Department's Urban Forestry Section. Landscaping materials shall be appropriate to local growing and climatic conditions. Plant suitability, maintenance and compatibility 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 planted. Ornamental trees shall be at leust 1.5 inches caliper diameter when planted. Evergreen trees shall he eight (8\, feet in height w~e.n_plallt_e~~ 5_h!"Llbs_ s_h_a~I. be at least twenty-four (24 4. ir~e}l~~ _ill_'!e_igl!t_ ~!1~'! Y-'l!nt~d. 9~n_a_mental grasses shall ohtain 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: I. As is necessary to clear underbrush and dead trees; 2. As is necessary for the installation of access easements, paths. sidewalks, utilities and drainage improvements, infrastructure: and 3. As is necessary for public health and safety as determined in cooperation with the Urban Forester. 8 Deleted: fOl1y-thrcc H3 Deleted: 0 Deleted: within Deleted: orhor - [Deleted: '( l Deleted: 6 Deleted: 18 Section 6.2. Street Trees. Medium or large growing shade trees. of the specifications set forth in Section 6.1 (8) above, shall be planted within the street right-of-way. parallel to each street, in planting strips. Street lrees shall be planted a minimum of thirty (30) feel and a maximum of fifty (50) feet on center. A. Pcr City standards. no street trccs shall be planted in connict with drainage or utility easements or structures, underground detention (unless so designed for th,lt 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 passage along the sidewalk. In commercial and mixed- use areas, street tree types and locations should allow for visibility of businesses and business signage. Section 6.3. Dwelling Landscaoing Standards Building base landscaping for each Dwelling shall include a minimum of fourteen (14) ~hnlbs lir:!d!~r ~rn~a!~e_nlaLgrasse~. two (2) shade trees and one (I) ornamental tree. and shall he nlanted along the (0 from elevation of the Dwelling and (ii) the side elevations of the Dwelling not occuoied bv a driveway or a garage door. .,Section 6.4. _ Maintenance It shall he the responsihility 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. hut is not limited 10, 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. Sil?ns and Street Lil.!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 lkpicled on Exhibit 10. Illumination of any such signage shall be from a source external to such signage. All street lights located within the public rights-of-way shall haw downcast fixtures/90 degree cutoff. Section 8. Maximum Unit Limitations. The total number of Dwellings shall nOl exceed one hundred forty three (143). Section 9. Homeowners Association and Declaration of Covenants. Declarations of Covenant(s) shall be prepared by the Controlling Developer and recorded with the Recorder of Hamilton County, Indiana. There may bc multiple Dcclaration(s) of Covt:nants applicablt: to difft:rt:nt portions of the Real Estate, and multiple corresponding Owners' Association(s). The 9 ( Deleted: <oven (i ( Deleted: '( . I Declaration(s) of Covenants shall establish an An:hitectural Review Board, which shall cstablish guidelines regarding the design nnd appearance of dwellings and, with respect to residential colors, shall provide that (i) sekcted colors must be harmonious with colors used on the Dwelling, such as rooting and brick, and must he harmonious with other colors used in the surrounding neighborhood, (ii) multiple colors are available on the color palette approved by the Architectural Revicw Board, which, from time to time, may he reviewed and updated. Section 10. Approval Process, 10.1 Approval or Denial of the Primary Plat/Development Plan. A. Concept Plan. The Concept Plan has heen reviewed and approved by the Commission. and constitutes the approved primary pial and, as such, the Developer shall not he required to return to the Commission for primary plat approval. B. Secondarv 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 Direetor's approval of a Secondary Plat that is in suhstantial conformance with the Concept Plan and is in conformance with lhe Development Requirements of this Westmont Ordinance. If the Director disapproves any Secondary Plat, the Director shall set forth in writing lhe basis for the disapproval and schedule the request for hearing hefore the Commission. Section 10.2. Modification of Development Requirements. A. The Commission may, upon petition of the Controlling Developer. modify any requirements speeiticd in this Westmont Ordinance. B. Modification of the Development Requirements, requested hy the Controlling Developer, may he 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 ht:aring examiner or committee which denies any requested modification may he 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 shall comply with tht: following guidelines: I. The modification shall be in harmony with the purpose and intent of this Westmont Ordinance. 10 2. The modification shall not have an adverse impact on the physical, visual, or spatial characteristics or the Westmont District. 3. The modificalion shall not have an adverse impact on the streetscape amI neighborhood. 4. The modification shall not n:sult in configurations or lots or stn:el systems which shall be unreasonable or detract materially from the appearance of Westmont District. 5. The minimum lot size or any 10l to bl;; <.:reated shall not be n:duced helow the requirements of this Westmont Ordinance. D. When applying the Development Requirements, the Commission shall carefully weigh the specific circumstances surrounding the moditication petition and strive for development solutions that promole the spirit, intent and purposes of this Westmont Ordinance. E. If the Commission (acting through its hearing examiner or committee) determines that the proposed modification will not have an adverse impact on development in Westmont District, it shall grant a modification of the Development Requirelllents. In granting modifications. the COlllmission may impose such conditions as will, in its reasonable judgment, secure the objectives and purposes of this Westmont Ordinance. Section 11. Controllim.! Developer's Consent. Without the written consent of the Controlling Developer, no other developer, user. owner. or tenant may obtain any permits or approvals. whatsoever, with respect to the Real 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 improvemcnts within the Rcal Estate; B. Sign permits for any signs within the Real Estate: 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 Westmont Ordinance. II PASSED by the Common Council of lhc Cily of Carmcl. Indiana this _ day of . 2007, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Joseph C. Griffiths, President Pro Tempore Brian D. Mayo Ronald E. Carler Mark RallermaIlI1 Fredrick 1. Glaser Richard L. Sharp ATTEST: Diana L. Cordray, lAMe, Clerk Treasun:r 12 Presented I">y me to the Mayor of the City of Carmel, Indiana the _ day of .2007, at o'clock .M. Diana L. Cordray, lAAIC, Clerk Treasurer Approved by me, Mayor of the City of Carmel. Indiana, this .2007, at o'clock .M. day of James Brainard, Mayor ATTEST: Diana L. Cordray. IAMC, Clerk Treasurer This Instrument pn:pared by: Charles D. Frankenberger, NELSON & FRANKENBERGER. 3105 East 9Rlh Street, Suite 170, Indianapolis, IN 462RO . 13 I 11:'''~n:l.:yV''mmll, _.OJ, tho:.1 bF<ll~ M"ll("f"\I'_.\T~M\b"'.Y\"""'~'rn"!It PI 11.1 ('n"n~~c"'-~ ,j,.. -. Sponsor: CARMEL, INDIANA \p~0t\L, l i1rtJL Caf G( '5-L -0 I WESTMONT PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Sect.ion 9. Section 10. Section 11. TABLE OF CONTENTS Page Applicability of Ordinance..................................................... ..........................................4 Definitions and Rules of Construction.................................. ....... .......... .....................5 Accessory Buildings and Uses ...................... ..... ........ ................. ......... ..... ............... ...... 7 Development and Architectural Standards ......... ............ ....... ............... ..........................7 Bicvcle and Pedestrian Plan and Open Space................................................8 Landscapin?: Requirements ... .... ..... ..... ................................... .......... ..... ......... ..... ........... 8 Signs and Street Lights ..... ......... ..... ..... .............................. .......... ..... ..... ......... ..... ........... 9 Maximum Unit Limit.at.ions .. .... ..... ..... ........................................ ..... ..... ......... ..... ..... ...... 9 Homeowners Association and Declaration of Covenants ..... ..... ............. ........ .............. 9 f\pproval Process......................... .......... ........ .,.............................................................. 10 Controlling Developer's Consent............ .......... ........ .......................... ........................ II 2 Exhibit I. Exhibit 2. Exhibit 3. Exhibit 4. Exhibit 5. Exhibit 6. Exhibit 7. Exhibit 8. Exhibit 9. Exhibit 10. SCHEDULE OF' EXHIBITS Legal Description Concept Plan Bicycle and Pedestrian Plan Open Space Plan Tree Preservation/Clearing Plan Landscape Plan Site RequiTement - Matrix - Development and Architectural Standards Character Illustrations - Dwellings on 100 and 120 foot wide lots. Character Illustrations - Dwellings on 80 foot wide lots. Lighting and Signage Plan 3 Sponsor: Councilor ORDINANCE AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING 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 LC. S 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 IC ~36-7- 4-1500 et seq., it adopts this Westmont Ordinance, as an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Westmant 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 Westmant Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 1. Applicability of Ordinance. Section 1. J 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 shall 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 Westmont Ordinance. In the event of a contlict or inconsistency between this Westmont Ordinance and the Zoning Ordinance, the provisions of this Westmont Ordinance shall apply. Section 1.3 Any capitalized term not defined in Scction 2 of this Westmont PUD shall have the meaning as set forth in the Zoning Ordinance in effect on the datc of the enactment of this Westmont Ordinance. 4 Section 1.4 All violations of this Westmont Ordinance shall be subject to Section 34.0 of the Zoning Ordinance. Section 2. 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 Llsed 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 permissive requirement. Section 2.2 Definitions. The following definitions shall apply throughout this Westman! Ordinance: Accessory Structure: A structure which is subordinate to a Dwelling or use located on the Real Estate and which is not Llsed for permanent human occupancy. Accessory Use: A use subordinate to the main use, located on the real estate or in the same 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 DecIaration(s) of Covenants, responsible for reviewing each Dwelling prior to the commencement of construction thereof. Building Height: The vertical distance from the lot ground level to the highest point of the roof for a t1at roof, to the deck line of a mansard roof and to the mean height between eaves and ridges for gable, hip, and gambrel roofs. BZA: The City's Board of Zoning Appeals City: The City of Carmel, Indiana. Commission: The Carmel Plan Commission. Community Open Space: Open Space that is accessible to all owners in the Westmont District. Community Open Space shall be in the areas identified on t.he Open Space Plan (Exhibit 4) as Community Open Space. 5 Concept Phm: The Concept Plan attached hereto and incorporated herein hy reference as Exhibit 2 which is the primary plat of the Real Estate. Controlling Developer: Shall mean PPY, LLC until such time as PPY, LLC transfers or assigns, in writing, its rights as Controlling Developer. Such Rights may be transferred hy the Controlling Developer, in its sole discretion, in whole or in part. To transfer all or any portion of its rights as Controlling Developer, PPY, LLC. may 0) name each individual owner of parcels within the Real Estate as Controlling Developer solely with respect to SLlch parcels owned by each such individual owner, (ii) establish a comrrtitlee 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 different portions of the Real Estate. Council: The City Council of the City of Carmel, Indiana. Declaration(s) of Covenants: Declaration(s) of Covenants, Conditions and Restrictions applicable to the Real Estate, or any portion thereof, which shall be prepared and recorded by the ControUing 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 Requirements: Development standards 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 fami! y residence. Front Loaded Garage: A garage the garage door of which is parallel both to the primary front fa~ade of a Dwelling and to the street in front of the pri mary front fa~ade of the DweUing. Masonry: Brick, stone, cultured 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 nood 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 Open Space Except as otherwise provided herein, open space does not include an y area which is divided into building lots, streets (except the landscaped medians of boulevards) or rights 6 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. Primary Roof: The roof on a Dwelling 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 Z-289, of the City of Carmel, Hamilton County, Indiana. Section 3. Accessorv Buildill1!: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. Section 4. Development and Architectural Standards. Section 4.1 The development and architectural standards applicable to aU 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 (i) 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 DweHing in the Westmont District shaH be built by a builder which, during each of the five (5) calendar years prior to the commencement of construction of such Dwelling in the Westmont District, has built fewer than one hundred (100) Dwellings per calendar year. 7 Section 4.4 One hundred (100) foot turning radii shall be permitted on the street corners adjacent to the lots identified on the Concept Plan as lots 100 and 105. Section 5. Bicvcle and Pedestrian Plan and Open Space. The Bicycle and Pedestrian Plan is attached as Exhibit 3. The nature trail, identified by a blue dashed line on the Bicycle and Pedestrian Plan (Exhibit 3) shaH be composed of mulch and shall not be covered with a hard surface. Open Space shall comprise a minimum of thirty-eight (38) acres and shall be in the areas identified on the Open Space Plan (Exhibit 4), Within the common area located in the southeast corner of the Westmont District, the Controlling Developer shall install a gazebo or pergola. Section 6. Landscapin2 Reauirements. The landscaping in the Westmont District shall be as specified in Exhibit 6 (the Landscape Plan). Section 6.1. General Landscaping Standards. Landscaping shall be integrated with other functionaL site design elements, where appropriate, such as hardscape materials, paths, sidewalks, fencing or entry features. A. All trees, slu.ubs and ground covers shaH be phmted according to American Standard for Nursery Stock (ANSI Z60.1), and following 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 compatibility 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 planted. 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. Ornamental 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: L As is necessary to clear underbrush and dead trees; 2. As is necessary for the installation of access easements, paths, sidewalks, utilities and drainage improvements, infrastructure; and 3. As is necessary for public health and safety as determined in cooperation with the Urban Forester. 8 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-ot-way, parallel to each street, in planting strips. Street trees shall be planted a minimum of thirty (30) feet and a maximum of fifty (50) feet on center. A. Per City standards, no street trees shall be planted in connict with drainage or utility easements or structures, underground detention (unless 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 ([ 2) feet minimum over streets, to allow free passage along the sidewalk. In commercial and mixed- use areas, street tree types and locations should allow for visibility of businesses and business signage. Section 6.3. Dwelling Landscaping Standards Building base landscaping for each Dwelling shall include a nlinimum of fourteen ([4) shmbs and/or ornamental grasses, two (2) shade trees and one (I) ornamental tree, and shall be planted along the (i) from elevation of the Dwelling and (ii) the side elevations of the Dwelling not occupied by a drive~ay or a garage door. Secti.on 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 p[antings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Section 7. Siens and Street Liehts" 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 residenti.al signs arc depicted on Exhibit 10. Illumination of any sllch signage shall be from 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 Dwellings shall not exceed one hundred forty three (143). Section 9. Homeowners Association and Declaration of Covenants. Declarations of Covenanr{s) shaJl be prepared by the Controlling Developer and recorded with the Recorder of Hamilton County, Indiana. There may be multiple Declaration(s) of Covenants applicable to different portions of the Real Estate, and multiple corresponding Owners' Association(s). The 9 Declaration(s) of Covenants shall establish an Architectural Review Board, which shall establish guidelines regarding the design and appearance of dwellings and, with respect to residential colors, shall provide that (i) selected colors must be harmonious with colors Llsed on the Dwelling, such as roofing and brick, and must be harmonious with other colors used in the surrounding neighborhood, (ii) multiple colors are available on the color palette approved by the Architectural Review Board, which, from time to time, may be reviewed and updated. Section 10. Approval Process. 10.1 Approval or Denial of the Primary Plat/Development Plan. A. Concept Plan. The Concept Plan has been reviewed and approved by the Commission, and constitutes tIle approved primary plat and, as such, the Developer shaH 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 DiJector's approval of a Secondary 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 Director 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 Requirements. A. The Commission may, upon petition of the ControHing Developer, modify any requirements specified in this Westmont Ordinance. B. Modification of the Development Requirements, requested by the Controlling Developer, may be approved by a hearing examiner or committee designated by the Commission, atrer 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 Comi1lission's Rules of Procedure. C. Any proposed modification of the Development Requirements shall comply with the following guidelines: I. The modification shall be in harmony with the purpose and intent of this Westmont Ordinance. 10 2. The modification shall not have an adverse impact on the physical, visual, or spatial characteristics of the Westmont 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 of Westmont District. 5. The minimum lot size of any lot to be created shall not be reduced below the requirements of this 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 Commission (acting through its hearing examiner or committee) determines that the proposed modification will not have an adverse impact on development in Westmont District, it shall grant a modification of the Development Requirements. Tn granting modifications, the Commission may impose such conditions as will, in its reasonable judgment, secure the objectives and purposes of this Westmont Ordinance. Section 11. Controlling Developer's Consent. 'Without the written consent of the Controlling Developer, no other developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by way of example but not by lim.itatian, 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 Estate; 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 Westmont Ordinance. 11 PASSED by the Common Council of the City of Carmel, Indiana this _ day of ,2007, by a vote of ayes and nays. COi\'IMON COUNCIl, FOR THE CITY 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, lAMC, Clerk Treasurer 12 Presented by me to the Mayor of the City of Carmel, Indiana the _ day of ,2007, at o'clock .M. Diana L. Cordray, TAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this , 2007, at 0' clock .M. day of James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer This Instrument prepared by: Charles D. Frankenberger, NELSON & FRANKENBERGER, 3105 East 98th Street, Suite 170, Indianapolis, TN 46280. 13 11:'IlkckyV.A'nlllg N I{l'a.! E,lal<.' Mmloer.,\.PLYI';..Ir.'I\lr;,<lyl,\V6Im,'"1 f'UJ~OrujJ1;m..:e O:'i112ifl.d,..: J...-- ;' 76:L)jV ~I J "\ \'r1Il , L I I Zl\JTr7J I r I I I rTD: I 1 , ~J ~ :: c... >"'\::J~or ~A'\ ~ -=- ... 1\ -::.' ~ ~ ') ~ Z'- , ~ ,~\]'( :: = 0-r- ........ 1 \ ~ \ r' -- ~ ~ I I I 1 : ~,~ J[;0V ",\ " J - 'Ef/!j- ~ i j , ~ f::i' ~~'l l u ~ ~~0 ~ ~ t "I [ 1-' /31.1 N ~ '" -.....; Till ::i . J r'i:. ffi 1 TT~ ~ 7""'J,m'l Q P.. t=iFrr; r-.; Iln y~ ) '=' ~-f...rL..., 'I 1 rT \\S>"" ~ \ 3 - -- \-' ......<--].~ 7 _ - ~ .--I I ~ I...- w(:?1 _ J I gE ~~""(<I - _~ > '( Q II! r- ....l r "V ~ ~ ~ "'- >-1......11 ' J ...." ~\~ 1 .... . - '1 ~ 0;;:/ / ~ ,t r-nr;L. ~If -~~, - ~ - 1 T - ~~ - ~~ "- o o N 0:) o ~ m :::l ..... .0 Q) LL :>; m "0 ~ :::l J:: I- ..... '- - '- .JI - 1 \. \) M ...... ~ E i- c: :::l o ~ <fl a. m E - <fl :::l "~ c: ~ "E m J:: c::i i ~ a. ~ J:: - " . -, u u Sponsor: CARMEL, INDIANA WESTMONT PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. u u T ABLE OF CONTENTS Page Applicability of Ordinance...... ......... ..................................... ..... ..... ..... ............ ............... 4 Definitions and Rules of Construction. ............. ........ ..... ............. ................. ........ ......... 5 Accessory Buildings and Uses....... . . .. , . . .. , . . , .. ..... ..... ........ ..... ............... .......... ..... ....8 Development and Architectural Standards.... .. ....... ...................................................... 8 Open Space.. ...... ......... ............... ...... ......... ........... .... ...... .... .. ...... .... ....8 Landscaping Requirements. . .. . .. . . . . .. . .. . .. . .. . . . . . . . .. . .. . .. . .. ... . ... . . .... .. . . .. . .. ..... . .8 Signs. . .. . . . . . . . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . .. . .... . .. . . .. .. . .. . . . . .. . . . . .. . . . . . . . .. . .. . . . . . . . ...10 Maximum Unit Limitations. ................... ..... ... ......... ............... .... ..... .... ..10 Homeowners Association and Declaration of Covenants.... ......... ....... .. ......... ...1 0 Approval Process.......... .... ...... ..... ... ....... ..... ... ...... .................. ......... ...10 Controlling Developer's Consent............................. ..........................................12 2 Exhibit 1. Exhibit 2. Exhibit 3. Exhibit 4. Exhibit 5. Exhibit 6. Exhibit 7. Exhibit 8. Exhibit 9. Exhibit 10. u u SCHEDULE OF EXHIBITS Legal Description Concept Plan Bicycle and Pedestrian Plan Open Space Plan Tree Preservation/Clearing Plan Landscape Plan Standards Character Illustrations - Dwellings on 120 foot wide lots. Character Illustrations - Dwellings on 80 foot wide lots. Lighting and Signage Plan 3 u u Sponsor: Councilor ORDINANCE AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA EST ABLISHING WESTMONT PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Cannel/Clay Zoning Ordinance Z-289 (the "Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in accordance with the requirements ofl.C. ~ 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 1 (the "Real Estate") NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC ~36-7- 4-1500 et seq., it adopts thisWestmont Ordinance, as an amendment to the Zone Map, (ii) all prior ordinances or parts thereof inconsistent with any provision of this Westmont Ordinance and its exhibits arc 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 shall be in full torce and effect from and after its passage and signing by the Mayor. Section 1. Applicability 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 Westmont District shall 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 Westmont Ordinance. In the event of a conflict or inconsistency bctwecn this W cstmont Ordinance and the Zoning Ordinance, the provisions of this Westmont Ordinance shall apply. Section 1.3 Any capitalized term not defined in Section 2 of this Westmont P UD shall have the meaning as set forth in the Zoning Ordinance in effect on the date of the enactment of this Westmont Ordinance. 4 u u Section 1.4 All violations of this Westmont Ordinance shall be subject to Section 34.0 ofthe Zoning Ordinance. Section 2. 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" 1S a permissive requirement. Section 2.2 Definitions. The following definitions shall apply 1hroughout this Westmont Ordinance: Accessory Structure: A structure which is subordinate to a Dwelling or use located on the Real Estate and which is not used for pennancnt human occupancy. Accessory Use: A use subordinate to the main use, located on the real estate or in the same 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. Amenitv Area: An area contaullng recreational facilities including, without limitation, anyone or a combination of the following: (i) a swimming pool, (ii) a bath house with changing rooms and storage, (iii) recreational equipment, (iv) te1U1is courts, (v) basketball courts, (vi) bocce ball courts, (vii) indoor and/or outdoor workout areas, and (viii) any other recreational facilities approved by the Director. Architectural Review Board. A board, established by the Dec1aration(s) of Covenants, responsible for reviewing all improvements after the initial, original construction of Buildings, Dwellings, and other improvements. Building Height: The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof and to the mean height between eaves and ridges for gable, hip, and gambrel roofs. BZA: The City's Board of Zoning Appeals 5 u u City: The City of Carmel, Indiana. Commission: The Carmel Plan Commission. Community Open Space: 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 as Community Open Space. Concept Plan: The Concept Plan attached hereto and incorporated herein by reference as Exhibit 2 is the primary plat of the Real Estate. Controlling Developer: Shall mean PPV, LLC until such time as PPY, LLC transfers or assigns, in writing, its rights as Controlling Developer. Such Rights 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, PPY, LLC. may (1) name each individual owner of parcels within the Real Estate as 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 different portions of the Real Estate. Council: The City Council of the City of Carmel, Indiana. County: Hamilton County, Indiana. Declaration(s) of Covenants: Declaration(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 Requirements: Development standards 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. Masonry: Brick, stone, cultured stone, and stucco. 6 u u Multi-Purpose Paths: A trail system which functions both as an alternative transportation system and a linear park. This system is the primary pedestrian and bicycle access to all use areas and activity nodes. Local road sidewalks are not considered part of this system, but do provide key access to network. This system is paved and is similar in function to the Monon Trail and City's path network. 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 Open 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 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 Dec1aration(s) of Covenants. Parcel Coverage: The total ground area covered by buildings and accessory structures which are greater than eighteen (18) inches above grade level, excluding fences and walls not attached in any way to a roof, divided by the total horizontal ground area. Primary Roof: The roof on a Dwelling which hac; the longest ridge line. Real Estate: The Real Estate legally described in Exhibit 1, and comprising 136.124 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. ~: Any type of sign as further defined and regulated by this Westmont Ordinance and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended. Subdivision Control Ordinance: Cannel/Clay Subdivision Control Ordinance, No. Z-160, as amended. Zone Map: The City's official Zone Map corresponding to the Zoning Ordinance. Zoning Ordinance: Carmel/Clay Zoning Ordinance Z-289, as amended from time to time. 7 u u Section 3. Accessory Building,s and Uses. All Accessory Structures and Accessory Uses allowed under the Zoning Ordinance shall be permitted in Westmont District; provided, however, that any detached accessory building shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Section 4. Development and Architectural Standards. Section 4.1 The development and architectural standards applicable to all Dwellings are specified in Exhibit 7. Section 4.2 The applicable character illustrations, indicating conceptually the intended architecture and appearance of (i) Dwellings on 120 foot wide lots are contained within Exhibit 8, and (ii) Dwellings on 80 foot wide lots are contained within Exhibit 9. Section 5. Open Space. Open Space sha,l1 comprise a minimum of forty-three (43) acres and shall be in the areas identified on the Open Space Plan (Exhibit 4). Within the open space, approximately in the area indicated on the Open Space Plan (Exhibit 4) by a blue asterisk, an Amenity Area shall be developed. This Amenity Area shall include one outdoor pool of a minimum size of one thousand eight hundred (1,800) square feet, and shall also include a minimum of two (2) of the following selected by the Controlling Developer: A. A wading pool of at least two hundred (200) square feet; B. A bath house with changing rooms and storage; C. A playground with commercial grade play equipment; D. One (1) lighted tennis court; E. Two (2) half basketball courts; F. Bocce ball courts; G. An indoor workout area at least 1200 feet in size; and H. Other amenities which are approved by the Director. Section 6. Landscaping, Requirements. The landscaping in Westmont District shall be as specified in Exhibit 6 (the Landscape Plan). 8 u u Section 6.1. General Landscaping Standards. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as hardscape materials, paths, sidewalks, fencing, or any water features. A. All trees, shrubs and ground covers shall be planted according to American Standard for Nursery Stock (ANSI Z60.1), and following 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 compatibility with site construction features are critical factors that should be considered. B. Shade trees shaH be at least 2.5 inches in caliper diameter when planted. Ornamental trees shall be at least 1.5 inches caUper diameter when planted. Evergreen trees shall be 6 feet in height when planted. Shrubs shall be at least 18 inches .in height when planted. Ornamental 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, that said trees may be removed under any of the following circumstances: L As is necessary to clear lU1derbrush and dead trees; 2. As is necessary for the installation of access easements, right-of-way, streets, paths, sidewalks, utilities and drainage improvements, infrastructure; and 3. As is necessary for public health and safety as determined in cooperation with the Urban Forester. D. Trees with Tree Conservation Areas identified on the Exhibit 5 (Tree Preservation/Clearing Pl.an) may be removed for any reason in the discretion of the Controlling Developer, builder, or Lot owner. 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 street, in planting strips. Street trees shall be planted a minimum of thirty (30) feet and a maximum of fjfty (50) feet on center. A. Per City standards, no street trees shall be planted in conflict with drainage or utility easements or structures, underground detention (unless 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. 9 u u 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 aUow free passage along the sidewalk. In commercial and mixed- use areas, street tree types and locations should allow for visibility of businesses and business signage. Section 6.3. Dwelling Landscaping Standards Building base landscaping for each Dwelling shall include a minimum of seven (7) shrubs and/or ornamental grasses, two (2) shade trees and one (1) ornamental tree. Section 6.4. Maintenance It shall be the responsibility of the owners and their agents to insure proper maintenance of proje'ct 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. Signs. 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 depicted on Exhibit 10, (Typical Residential Area Signage). Illumination of any such signage shall be from a source external to such signage. Section 8. Maximum Unit Limitations. The total number of Dwellings shall not exceed one hundred seventy (170). Section 9. Homeowners Association and Declaration of Covenants. Declarations of Covenant(s) shall be prepared by the Controlling Developer and recorded with the Recorder of Hamilton County, Indiana. There may be multiple Declaration(s) of Covenants applicable to different portions of the Real Estate, and multiple corresponding Owners' Association(s). The Declaration(s) of Covenants shall establish an Architectural Review Board, which shall establish guidelines 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 must be hannonious with other colors used in the surrounding neighborhood, (ii) multiple colors are available on the color palette approved by the Architectural Review Board, which, from time to time, may be reviewed and updated. Section 10. Aporoval Process. 10.1 Approval or Denial ortbe Primary PlatlDevelopment Plan. A. Concept Plan. The Concept Plan has been reviewed and approved by the Plan Conunission, and constitutes the approved primary plant and, as 10 u u such, the Developer shall not be required to return to the Plan 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 SeCcondary Plat; provided, however, that the Director shall not unreasonably withhold or delay the Director's approval of a Secondary Plat that is in substantial conformance with the approved Concept Plan and is in conformance with the development requirements of this Westmont Ordinance. If the Director disapproves any Secondary Plat, the Director 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 Requirements. A. The Commission may, upon petition of the Controlling Developer, modify any requirements specified in this Westmont Ordinance. B. Modification of the Development Requirements, requested 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 Ru1es 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 Corrunission, also in accordance with the Commission's Rules of Procedure. C. Any proposed modification of the Development Requirements shall comply with the following guidelines: 1. The modification shall be in harmony with the purpose and intent of this Westmont Ordinance. 2. The modification shall not have an adverse impact on the physical, visual, or spatial characteristics ofWestmont 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 of Westmont District. 5. The minimum lot size of any lot to be created shall not be reduced below the requirements of this Westmont Ordinance. 11 u u 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 Commission (acting through its hearing examiner or committee) determines that the proposed modification will not have an adverse impact on development 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 objectives and purposes of this Westmant Ordinance. Section 11. Controllin2 Develover's Consent. Without the \Witten consent of the ControllinglDeveloper, no other developer, user, owner, or tenant may obtain any permits or approvals, whatsoever, with respect to the Real 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 Estate; 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 Westmont Ordinance. 12 u u PASSED by the Common COWlcil of the City of Cannel. Indiana this _ day of , 2007, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY 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 A TIEST: Diana L. Cordray, lAMC, Clerk Treasurer 13 u u Presented by me to the Mayor of the City of Carmel, Indiana the ,2007, at o'clock .M. day of Diana 1. Cordray, IAMe, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this ,2007, at o'clock .M. day of James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer This Instrument prepared by: Charles D. Frankenberger, NELSON & FRANKENBERGER, 3105 East 9Slh Street, Suite 170, Indianapolis, IN 46280 . 14 H:\B<d<y\IJnId'. Fileo'ilDnin8 &. _ Estate M>lW#lATNM\I""l'\W"""'D1 PUD ~ 1mlI01._ EXHIBIT SITE REQUIREMENT MATRIX DEVELOPMENT STANDARDS Minimum Lot Minimum Minimum Lot Minimum Front Yard Minimum Minimum Minimum Rear Yard Maximum Minimum Width at Lot Frontage at Setback! Side Yard Aggregate Side Setback Building Square Bui/dinK Line Street Setback Yard Setback Hei~ht I Foota~e 120 ft. 16,800 sf. 40 ft. 20 ft. 5 ft. 20 ft. 20 ft. 35 ft. 2400 sf. 80 ft. 9,600 sf. 40 ft. 20 ft. for Dwellings with 3 ft. 10 ft. 20 ft. 35 ft. 1 ,700 sf. a courtyard side-entry garage, and 25 ft. for all other Dwellings. RCHITECTURAL STANDARDS - APPLICABLE TO ALL DWELLINGS --Permitted Required Garage Type Chimneys Porch Roofline Fences Building Window Materials Openings Masonry, 2 per level, per Court-, side-, or front-loading. Masonry, At least six feet Primary roof Fences shall not Wood, fa~ade.2 All Front loading garages must be extended deep, consistent shall have be chain-link or Cementitious windows shall recessed at least 10' back from full y to materials/design 6/12 pitch.5 coated chain-link. Board, be fully framed the primary front fa9ade of the ground with Dwelling4 l2" overhang Synthetic and trimmed Dwelling. Garages may be and above after Stucco, and attached to the Dwelling or not ridgeline3 installation of EIFS attached to the Dwelling. All siding. garages shall be a minimum of a two (2) car garage, and tandem garages are prohibited. J Legend ft. - Feet sf. - Square Feet I Exclusive of porches, terraces, and garages. 2Provided, however, that (i) windows shall not be required on the sides affront loaded garages and (ii) a vent may be substituted for a window on a f,able. - Provided, however, that chimneys which protrude from inside the Dwelling may also have cementitious board, synthetic stucco and/or EIFS as their exterior building material. 4Porches are not required on all Dwellings. lfno 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. 5Jn order to permit diversity in architectural style, this requirement shall apply only to a majority of residences. H-;me<;ky\I.lrad'!l Fil~'7..onit1g &: Real ES'I<II.f .Maner~\?LA TNM1.tr~y'\I~1'ger Jlwc':lIing l'd:lltr1ll ('l.o4-C1':'.doc u u CURRENT CONDITION AERIAL PHOTOGRAPH PROPOSED WESTMONT SECTION 4 CLAY TOWNSHIP-HAMILTON COUNTY, INDIANA DRAWN BY: GDK STOEPPELWERTH & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 7965 East 106th Street., Fishers, IN 46038-2505 (317) 849-5935 FAX: (317) 849-5942 CHECKED BY: EEF SCALE: 1" = 1200' DA TE: 2/2/07 JOB NO. 56325PLA PAGE 1 OF 1 SHEETS u u PROPOSED CONDITION AERIAL PHOTOGRAPH PROPOSED WESTMONT SECTION 4 CLAY TOWNSHIP-HAMIL TON COUNTY, INDIANA DRAWN BY: GDK PAGE STOEPPELWERTH & ASSOCIATES, INC. CONSUL llNG ENGINEERS & LAND SURVEYORS 7965 East 106th Street., Fishers, IN 46038-2505 (317) 849-5935 FAX: (317) 849-5942 CHECKED BY: EEF 1 SCALE: 1 n '" 800' DA TE: 2/2/07 JOB NO. 56325PLA OF 1 SHEETS 't -. u u NELSON & FRANKENBERGER' A PROFESSIONAL CORPORATION ATIORNEYSAT LAW JAMES J NELSON CHARLES D. FRANKENBERGER JAMES E. SHINA VER LAWRENCE J. KEMPER JOHN B. FLATT 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317-844-0106 FACSIMILE: 317-846-8782 www.nf-law.com FREDRIC LAWRENCE DA VIO J LICHTENBERGER JESSICA S. OWENS Of Counsel JANE B. MERRILL January 19, 2007 VIA HAND DELIVERY . '-,:>j/ /\ / :'/ 1-..:.... , f .l -7 RECEWEO , I , J, Matt Griffin Carmel Department of Community Services RE: Westmont - the Irsay Property ',...n""'~ { '\ )\JV I Dear Matt, Enclosed you will find the following: 1. The following, on either 8-112 x 11 or 11 x 17: a. Petition b. PUD Ordinance, to which the site matrix and architectural standards are attached as an exhibit. Please note that the other exhibits to the PUD are among those identified below. c. Current conditions aerial; d. Current conditions aerial on which plat is superimposed; e. Site plan rendering; f. Primary plat in black and white; g. Rendering of open space plan; h. Open space calculations; 1. Bicycle and pedestrian plan; J. Preliminary lighting and signage plans; k. Character illustrations of homes to be built on 80 foot lots; 1. Character illustrations ofresidences to be built on 120 foot lots; and m. Drawing identifying additional real estate which may be annexed. 2. With respect to Sections 1,2 and 3, the following, in full size and on llxl7: a. Tree preservation and clearing plans; b. Buffer requirements; c. Landscape plans; and d. Plan enlargements and details. "Nelson & Frankenberger U January 19,2007 Page 2 of2 u 3. The following, in full size: a. Primary plat; b. Open space calculations. Please place this matter on (i) the agenda of the Technical Advisory Committee Meeting on February 21, 2007 and (ii) the meeting of the Plan Commission on March 20, 2007. We will soon be contacting you to schedule a time to begin to review the PUD and its exhibits, and to receive your comments and input. As always, we much appreciate your help. Very truly yours, NELSON & FRANKENBERGER, PC e~ L-.- Charles D. Frankenberger CDFlkat Enclosure H:\Becky\Charlies LcttcrslWeslmont Griffin 011907.doc u u PETITION TO CHANGE THE OFFICIAL ZONING MAP INCORPORATED BY REFERENCE INTO THE CARMEUCLA Y ZONING ORDINANCE -- REZONE APPLICATION -- $802.00 plus $107.00 per acre (pUD $2595.00, plus $107.00 per acre) " " y Date: Docket No. 0 "'101..00 Ii tun iJO:.z3 I , e Name of Applicant: PPV. LLC " "'-:----- - Contact Person Name and Company: Paul Rioux. Platinum Properties. LLC: Steve Pittman. Pittman Partners, Inc. Contact Person Phone, Email: PaulRioux.818-2900ExtLPrioux(cV.platinum-properties.com~ Steve Pittman 580-9693. Steve@pittmanpartners.com Contact Person Address: Platinum Properties. LLC. 9757 Westpoint Drive. Suite 600, Indpls.. IN 46256~ Pittman Partners. Inc.. P.O. Box 554. Carmel. Indiana 46082 ,.,.,.r'" . Owner Name: Sweet Charity Estates. LLC Phone No. (317) 818-2900 Ext. 1 ,..1' Contact Person: Paul Rioux and Steve Pittman ~""~..-----"~~_._+_.. Contact Person's Address: see above Fax No. (317) 863-2055 City, State, Zip: see above . Legal Description (Use additional page(s) ifnecessary): Attached as EXHIBIT A G:l Common Address of Property Involved (or General Description ifno Address Exists): Between 1415t Street to the north. 136m Street to the south. Ditch Road to the east. and Towne Road to the west. The common addresses are: 2000 West 136th Street, Cannel. IN 46032 2020 West 136th Street, Cannel. IN 46032 2030 West 136th Street. Cannel. IN 46032 ", . Tax Parcel ID Now. 17-09-21-00-00-007.000: 17-09-21-00-00-009.203: 17-09-21-00-00- 009.003 o Proposed Zoning Change: From the S-1 District to the PUD District, for the property shown outlined in red on the map attached hereto, which is made part of this petition. \ \ S. -B Q(ji e) u u e Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary): Attached as EXHIBIT B. Owner Sweet Charity Estates, LLC STATE OF INDIANA ) ) S5: COUNTY OF 1I/j?J1/I..T~"A.l ) By: PlatinumProperties, LLC BY.-'P~ ~ ~ Paul Rioux, Jr., res' ent Before me, a Notary Public, in and for said County and State, personally appeared Paul Rioux, Jr., President of Platinum Properties. LLC, an Indiana limited liability company, Manager of Sweet Charity Estates, LLC an Indiana limited liability company, and acknowledged the execution of the foregoing Petition this n.!!.... day of 'T~./z/"'l-IZI/, 2007. ~k1~ Notary Public My Commission Expires /P-/.,-P7 Resident of III1rl/G'/7I'.",j County, Indiana Printed: /r'.e;v",r7N ~ .(1/J"&J~ . ~,.",,,,,,,.,~ OfflCIAL SEAL . /#,.P~\ KENNETH R. BRASSEU~ T-. (SEAL ) Notary PubIlO, SIO,l; of lr:.~::~.~' ;':;' ..... $ Resident of Hcm.llcn c~ ...., ','.".t~':)i~;;'~l" My Commission Explr0s Oel. n, ~: ~ J7 J" II' III .\\~. . '> u u Applicant PPV,LLC By: PlatinumProperties, LLC By: :p~ ~. ~ Paul Rioux, Jr., Pr side t STATE OF INDIANA ) ) SS: COUNTY OF HAM/~r'N ) Before me, a Notary Public, in and for said County and State, personally appeared Paul Rioux, Jr., President of Platinum Properties, LLC, an Indiana limited liability company, Manager of PPV, LLC, an Indiana limited liability company, and acknowledged the execution of the foregoing Petition this ~ day of ?/I.A/I{ Nit Y , 2007. ~~#~--./ Notary ublic My Commission Expires /~-/9- CJ '7 Resident of II/?m/~)?M) County, Indiana Printed: ;t:;;.,41477Y ~ LJR"'.rJPJI~ - - ."..j"""b, OFFICIAL SEAL ....0:0 ~ .~y, Pl.l:.';""~ ! loi'" ~..~~". KENNETH R. BRASSEUR ~ X\CEAL l Notary Public, Sfefa of 1i1C:lc~.J ) ;\ >~... I Resident of HamIllon C:::'..:n~y ,~ ; ""',.':-;i(fI~'t-" My CommIssIon ExpIres Oct. 190 "-C j 7 I H:\D",t)Allrol~ Filcs__in3 " Reol w<t Mio",\I'LAWIoN...y\PETITION TO CIlANGE THE OFFICIAL ZONING MAP..... u u PRELIMINARY PLAT A part of the 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 comer of said Half Section; thence South 89 degrees 38 minutes 41 seconds West along the South line of said Half Section a distance of 1,337.65 feet to the Southeast corner of the West Half of the Southeast Quarter of said Section; thence continuing South 89 degrees 38 minutes 41 seconds West along said South line 480.00 feet to the POINT OF BEGINNING 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 comer 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 1, recorded as Instrument Number 2003-124222 in Plat Cabinet 3, Slide 313 in the Office of the Recorder, Hamilton County, Indiana; thence South 00 degrees 05 minutes 41 seconds East along the East line of Westwood Estates, Section 1 and parallel to the West line of the East Half of said 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 Cabinet 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; 1) 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. S:\52415\Legal\PRELIMINARY PLAT.rtf August 15,2006 Revised January 8, 2007 w u EXHIBIT B STATEMENT OF COMPLIANCE WITH THE CARMEL/CLA Y COMPRHENSIVE PLAN The proposed development is for a low density, detached single family residential neighborhood which will be consistent with already approved, existing, surrounding residential neighborhoods. H;\B",k,'IlIud', Fii..\Zming &. R",I Eow. Moo...\I'LATNMllruylPETJnON TO CHANGE THE omo/U. WNING MAP_ ;:r I' e, o ~ III 3 6" ::J 5" I:: (fl 3" III "0 (fl -. (') o C ::J ~ 3 ~ . ~ (I) Q. ::J (I) (J) Q. III ':.< '- III ::J C III -< o w I\.) o o -..j ~ w I\.) "U s: y u u , PROPOSED WESTMONT PLAT SUPERIMPOSED ON AERIAL PROPOSED WESTMONT SITE CLAY TOWNSHIP-HAMILTON COUNTY, INDIANA STOEPPELWERTH & ASSOCIATES, INC. CONSUL l1NG ENGINEERS & LAND SURVEYORS 7965 Eost 106th Street., Fishers, IN 46038-2505 (317) 849-5935 FAX: (317) 849-5942 DRAWN BY: KRG CHECKED BY: EEF SCALE: ," = '200' DATE: 01/11/07 JOB NO. 52415PLA PAGE 1 OF 1 SHEETS 'r I Survey Boundaries - Township Lines Transportation Abc Interstate Hwy Text Abc U.S. HwyText Abc State HwyText :::E:II Interstate Highways ::::1:11 U.S. Highways - State Highways ::ell Primary Roads o Parcels Map1 G"><'/-II13 0'- /tD AD {/ I TIOiV,(.lL R~I\'- EsrA-r€ T T U -~ ~r ~ - = ., = ,~ , - ~ I ~ 0 r h. ~ ~ rl ~" ~ ...::::; Kh p~~ \C-.c X;g - 0 ~~ >< )[. ~ .)<J' . II =-=0 , lal I III I r J;;;Jm l.- n ~ ~ ..1.~. l"~~ ~ '\ - .A: , II a .;II OM ~ I L.L I ~ ~ ,e"t I ~ ~m I- --- ~ p-. --.. I- ~ :; -ell! - r v r- T :::r... -- " I N SCALE 1 : 20,244 firJiiiill-; I I 1,000 0 1,000 2,000 FEET I 3.000 A http://www.co.hamilton.in.us/maps/county.mwf Thursday, January 18. 2007 8:06 AM Hamilton Co., IN - Online Reports Page 1 of 1 Online St Parcel Information Report 1. report type 2. property search I. f<eset I [ I1~W search .1 arts Disclaimer: The information available through this program is current as of 1/2/2007. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatiol . different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for I . accuracy. It may not reflect the current information pertaining to the property of interest. I Parcel No: 17-09-21-00-00-009.203 I Property Address: Deeded Owner: Bennett, Richard M &. Karen B o 136th St W Owner Address: Carmel, IN 46032 2020 136th St W CARMEL, IN 46032 Legal Description: 9{26/06 Created from correction of missed split per 9953664 from Foster estate to Foster for 2006 pay 2007. Section/Township/Range: 21/18/03 Subdivision Name: Block: Deeded Acres: 1 Political Township: Clay Lot Number(s): Most Recent Recorded Date: 11/30/2006 (Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.) -] I ~lJrJJlgtEx sta~~me.iiL'] L..t'!:'ipsYmerlt.5. Hpr()p~rt'ycfl!~ [ fl;!.l! t~.l(15tflteJ:rl!ll1J: . .1 This application is developed and maintained by the Infonmation System Services Department. If you have any questions or comments, please contact 1 @ 2005 Hamilton Co. WebsJt~2.11.Qg~sJ;19..!lLQlli5Ue.5 I konditiQns_oLI.JSce. I~rl\l'.iic;y Policy I Site Magi Technl!;i;l..!J:!illQ I HOME C9 2006, Hamilton County, Indiana - all rights reserved. http://www.co.hamilton.in.us/app/reports/rptparcelinfo.asp?sparcelno=1709210000009203...1/19/2007 Hamilton Co., fN - Online Reports Page 1 of 1 Online Se Parcel Information Report 1. report type 2. property search I Reset I L n!,!,<<sJ~archl Disclaimer: The information available through this program is current as of 1 f 2/ 2007. This program allows you to view and print certain publiC records. Each report reflects information as of a specific date; so the informatiol different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for I accuracy. It may not reflect the current information pertaining to the property of interest. Partel No: 17-09-21-00-00-009.003 I I Property Address: Deeded Owner: Reeder, John D &. Stephanie J o 136th St W Owner Address: Carmel, IN 46032 9049 Crystal Lake Dr INDIANAPOUS, IN 46240 Legal Description: 6/18/96 SPLT FR FOSTER A FRM 009,000962524612/4/97 SPLT TO PEOPLES B&T FOR JOEHL RETIREMENT 9752174 12/4/97 FR CURLEY 9752174 9/9/99 FR JOEHL 9953350 9/26/06 correction of missed split per 9953664. Created 009,203 for 2006 pay 2007 (see notes) SectionfTownship/Range: 21/18/03 Subdivision Name: Block: Deeded Acres: 5 IISI Township: Clay Lot Number(s): Most Recent Recorded Date: 12/9/2003 (Recorded Date might be due to a I/ariety of changeSj such as annexation, right-of-way, split, or deed.) J L,:~pJ:ingJa)~,!iJiil1e..merlt., ,d I ",t:i,lxp"Yrno;;n.~s. .1 L .PC2P,etW card ,I . fall,~a,x:s~~tell}ent,wHJ This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact I @ 2005 Hamilton Co, .w.~.~.it.!i;.~s..!Jg.g.~.,;;'!;j9n?mQ.Ll~.~J,Ie.;; I CQnoitioD;;QLI.,J;;,~ I PrivaCIc2Qli9' I Sl!.~_M.iill I I~_~bni.~i'!L!::!.;;lQ I tl9l:!.E..' @ 2006, Hamilton County, Indiana - all rights reserved, http://www.co.hamilton.in.us/app/reports/rptparcelinfo.asp?sparcelno=1709210000009003...1/19/2007 Hamilton Co., IN - Online Reports Page 1 of 1 Online SE Parcel Information Report 1. report type I Reset I 2. property search [ n~ws.li!arch ] orts Disclaimer: The information available through this program is current as of 1/2/2007. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the infarmatio: different reports may not match. All information has been derived from public records that are constanlly undergoing change and is not warranted for, accuracy. It may not reflect the current information pertaining to the property of interest. I Parcel No: 17-09-21-00-13-001.000 I Property Address: Deeded Owner: Papay, Anthony L &: Alice L 2030 136th St w Owner Address: CARMEL, IN 46032 2030 136th St w Carmel, IN 46032-8820 Legal Description: PAPAY SUBDIVISION 292.86 X 653.26 IRR ! l5ection{TownshiP/Range: 21/18/03 I I Subdivision Name: PAPAY SUBDIVISION I Block: I I Deeded Acres: 4.37 I I Political Township: Clay I I Lot Number{s): 1 I Most Recent Recorded Date: 12/9/2003 (Recorded Date might be due to a variety of changes; such as annexation, right-oF-way, split, or deed.) ..J [.JPFlf1gYl)":,~~'!t~m~f')J;] l . ts?C p.ilYmeflt~_ .ll . p'~op.ertYc.(jcd '0. r. fall ~il_x. ~t?Jl3'.rnel}t _ -j This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact 1 @ 2005 Hamilton Co. W.~..site S.\J.99~~.i9.M....QLJg;ues I .c.~Jndl.tions cLUse I P.rivacy Policy I Site Map I J"g,.,-;"I:!1llgl..l.J::!.e.!.Q I .ti..OME @ 2006, Hamilton County, lndiall~ - all rights reserved. http://www.co.hamilton.in.us/app/reports/rptparcelinfo.asp?sparcelno=1709210013001000...1/1912007 Hamilton Co., IN - Online Reports Page 1 of 1 " Online SE Parcel Information Report 1. report type I Reset I 2. property search L...,~w!;earc~ ] orts ...J L . .~jJrJggJ!lx sta!;.e.rTlf!D.t.... J I .~ ta~p<:l'((lle)lt~. J L prqperty car~ [ .. .fall tax~~taternen.t ...1 Disclaimer: The information available through this program is current as of 1/2/2007. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatiol different reports may not match. All infomation has been derived from public records that are constanUy undergoing change and is not warranted for' accuracy. It may not reflect the current information pertaining to the property of interest. Parcel No: 17-09-21-00-00-011.002 Property Address: 2288 136th St W Carmel, IN 46032 Deeded Owner: Crook, Andrew W lIo. Rhonna L Owner Address: 2288 136th St W Carmel, IN 46032 Legal Description: 5/2.0/87 SPLIT FR UDA SOLLENBERGER 8711786 03 Block: Deeded Acres: 20.34 Political Township: Clay Lot Number(s): Most Recent Recorded Date: 12j9j2003 (Recofded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.) This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact 1 @ 2005 Hamiltol1 Co. Website Sugqestions or Issues I Conditions oi.Use I Privacy Polic)/. I Site MaR. I Technical HelD I HOME @ 2006, Hamilton County, Indiana - all rights reserved. http://www.co.hamilton.in.us/app/reports/rptparcelinfo.asp?sparcelno=170921 0000011 002... 1/19/2007