HomeMy WebLinkAboutZ-504-07
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SPONSOR: COUNCILOR RICK SHARP
ORDINANCE Zr-504-07
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CI1'Y OF CARl\1EL, INDIANA, CHANGE OF ZONING CLASSIFICATION,
REZONING OF 32.45 ACllliS OF REAL ESTATE,
WEST OF TOWNE ROAD, BETWEEN 126TH STREET AND 131ST STREET -
FROM S-lfRESIDENCE TO S-2/RESIDENCJl: ZONING CLASSIFICATION
WHEREAS, pursuant to Indiana Code S36-7-4-600 et seq:, the Common Coune.iI of the
City of Carmel, Indiana, has lawfully adopted a Zoning Ordinance, the terms of which are
applicable to the geographic area consistiilg of the incorporated area of the City of Carmel,
Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which
ZOlling Ordinance has been codified in Chapter 10 of the Carmel City Code; and
WHEREAS, pursuant to the Indiana Code 936-7-4-602, the Common Council IS
authorized to amend. the map that is part of the Zoning Ordinance; and
WHEREAS, the Carmel Plan Commission has rendered an unfavorable recommendation
regarding a request to rezone Certain reaL property, the legal description of which is attached
hereto and incorporated herein by reference as Exhibit "A" (hereafter "Real Estate").
. '
NOW~ THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
Section I: The official Zoning Map accompanying and made part of the Zuning Ordinance is
hereby amended to change the zoning classification of the Real Estate from the S-I/Residcnce
zoning classification to the S-2/Residcnce zoning classi fication.
Section II~ All prior ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Section Ill: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
PASSED by the Common Council of the City of Carmel, Indiana, this d. \ s~ day
of ~ 2007, by a vote of 7 ayes and 0 nays.
- J -
COMMON COUNCIL FOR THE CITY OF CARMEL
~
l'rospg Offi~'
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Diana L. Cordray, lAMe, Clerk T. surer
ark Ra rman
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Richard L. Sharp
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Presented by me to the Mayor of the City of Carmel, Indiana this 0 day of
Y-f\~ ,2007, at 7; 05 1,M.
\
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Approved by me, Mayor of the City of Carmel, lndiana this ex I
'f'<")~ .2007, at 7: OS- L.M.
^1TE~
Diana L. Cordray, lAMC, Clerk T
day of
Prepared by: Steven D. Hardin, Esq., Bake.r & Daniels, LLP, 600 East 96th Street, Suite 600, Indianapolis, IN 46240
- 2 -
EXHIBIT A
LEGAL DESCRIPTION
"TIULLIUM"
Part of the Southeast Quarter of Section 29, Township IS North, Range 3 East in
Clay Township, Hamilton County, Indiana, described as follows:
Beginning on the South line of the Southeast Quarter of Section 29, Township 18
North, Range 3 East 1351.40 feet South 89 degrees 03 minutes 05 seconds West
(assumed bearing) from the Southeast corner of said Southeast Quarter; thence
North 00 degrees 56 minutes 55 seconds West 8.00 feet; thence North 52 degre'es
42 minutes 19 seconds East I4.45 feet; thence North 23 degrees 04 minutes 39
seconds East 27.27 feet; thence North 00 degrees 24 minutes 31 seconds West
] 453.1 0 fect; thence South 89 degrees 25 minutes 00 seconds West parallcl with
the North line of said Southeast Quarter 107.69 feet; thence North 00 degrees 11
minutes 13 seconds East 1138.58 feet to a point on the North line of said
Southeast Quarter which is 1443.58 feet South 89 degrees 25 minutes 00 seconds
West of the Northeast corner of said Southeast Quarter; thence South 89 degrees
25 minutes 00 seconds West on said North line 393.42 feet; thence South 00
degrees 07 minutes 05 seconds West 1193.76 f~et; thence South 88 degrees 41
minutes 35 seconds West 153.46 feet; thence South 00 degrees 34 minutes 29
seconds East ) 441.57 feet to the South line of said Southeast Quarter; thence
Norlh 89 degrees 03 minutes 05 seconds East on said South line 627.20 feet to the
place of beginning, containing 32.447 acres, more or less.
- 3 -
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Adams & Marsball Homes, Inc. (the "Developer") makes the following commitments to
the Call11el City Council (the "Council") regarding the use and development of the following
described real estate (the "Real Estate") located in Hamilton County, Indiana:
Section 1.
Description of Real Estate:
See attached Exhibit "A)'.
20e70~8298 MIse $39.00
OS/23/2007 02:~6:43P 14 PGS
Jennifer J Hayden
HAMILTON Ccunly RecQ~der IN
Record~d as Presented
Section 2.
Petition: 06100023 Z
Sectioll 3.
Statement of Commitments:
These commitments shall run ,vith the land, be binding on the Developer. of the Real
Estate, subsequent owners of the Real Estate and other persons acquiring an interest
therein.
A. Only single-family detached residential d\vellings and residential accessory
structures, as permitted by the S-2/Residence zoning district of the Carmel Zoning
Ordinance, shall be pem1itted.
B. The number of homes on the Real Estate shaH not exceed fifty-seven (57).
C. Lots shall have a minimum Jot width of seventy feet (70').
D. The Real Estate shall be developed in substantial compliance with the site plan (the
"Site Plan") attached hereto as Exhibit "B."
E. Homes built on the Real Estate shall comply with the architectural standards
attached hereto as Exhibit "e" and shall be substantially similar in quality and
character as the Illustrative Home Elevations attached hereto as Exhibit "D.I'
F. Homes built on the Real Estate shall include a first floor masonry wrap. No vinyl
siding shall be pennitted.
G. The Real Estate shall comply with the Perimeter Buffering standards of the Carmel
Zoning Ordinance (Chapter 26.04). Perimeter Buffering planting shall be Located
within a common area, as shown on the Site Plan, and shall be installed and
maintained by the Real Estate's Homeowners' Association.
H. An increased number of Perimeter Buffering plantings shall be installed along lhe
perimeter of the Real Estate at the location identified as "Enhanced Buffer Area" on
the Concept Plan. The Enhanced Buffer Area shall include a minimum of twenty.
six (26) trees per one hundred lineal feet (lOO'), including a minimum of three (3)
shade, three (3) ornamental and twenty (20) evergreen trees planted in a double
SDDBOl 4691378\'5
staggered row. Evergreen trees shall be a minimum of eight feet (8') tall at planting.
The Developer shall work with the Herbisons in the selection and final placement of
said buffering plantings.
I. The Real Estate shall comply with the open space standards of the Cannel
Subdivision Confrol Ordinance (Chapter 7). At a minimum, the existing woodlands
identified on the Tree Preservation Exhibit, attached hereto as Exhibit ITE", shall be
designated as open space in the Open Space Conservation Plan submitted with the
primary plat.
J. All homes shall be one or one and one-half story.
K. All lots shall have a minimum lot landsca.ping package as shown on the Trillium
Typical Lot Landscaping exhibit, attached hereto as Exhibit "F". The minimum
number of plantings shall be as shown, however, the location of the plantings shall
be permitted to vary.
L. Street signs and streetlight poles and fixtures utilized on the Real Estate shall
complement the quality and style of those illustrated by the attached Exhibit "Gn.
Street lights shall have optical controls that limit the distribution of light in a
primarily downward direction to prevent excessive skyward lighting. An example of
an optical control alternative are acorn cutoffs (caps) shown in Exhibit "Gn.
M. Wood fencing shall be prohibited adjacent to the l-Ierbisons' property, located to the
west of the Real Estate.
N. Developer agrees to install a mounding andlor landscaping screening at the 1315t
Street entrance to minimize car headlight spill onto the Herbisons' property, located
to the west of the Real Estate.
O. Developer agrees to provide any excess dirt from the Real Estate to the Herbisons at
no charge, including hauling and spreading.
P. Drainage. The Real Estate shall be developed so that there will be no general sheet
drainage an to lands adjoining the Real Estate. All storm waLer runoff shall be
treated as required by law. The drainage plan proposed for the Real Estate, once
developed, will be designed in furtherance of the objective that, while accepting
storm water runoff from adjoining properties, the Real Estate, once developed, will
not sheet-drain on adjoining properties as it currently does and, as such, there will be
no general sheet drainage onto properties adjoining the Real Estate.
Section 4. Modification of Commitments
These commitments may be modified or terminated only by a decision made by the
Carmel City Council at a public hearing after notice has been given in accordance with
the City Council's Rules of Procedures.
BDD8{)1 4691378v5
Section 5.
Effective Date
The commitments contained herein shall be effective upon the approval of Petition
06100023 Z and sball continue in effect until modified or terminated by the Carmel City
Council.
Section 6.
Recording
The undersigned hercb)' authorizes the Secretary of the Council to record these
commitments in the Office of the Recorder of Hamilton Count)', Indiana, upon approval
of Petition 06100023 Z.
Section 7.
Enforcement
These commitments may be enforced by the City Council of the City of Carmel,
Hamilton County. Indiana.
IN WITNESS WHEREOF, Adams & Marshall Homes, Inc., has caused this commitment to be
executed as of the ~!&? day of MA.( ,2007.
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Adams & Marshall Homes. Inc.
By:
Its: t>R.E.:5 tPs.tvT (Tille)
ST A IE OF INDIANA )
) SS:
COUNTY OF HAMIL TON )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared C. vJrl.J....l~ 4D~n1"S :JII, who having been duly sworn acknowledged the execution
of the foregOing Commitments. .
Witness my hand and Notarial Seal t~ d~' 2007.
My Commission Expires: ? --/0--;2011
Notary Public
Printed Li VIda t2, SItd/Pet'
Residing in ~ County
I affinn, under the penalties for perjury, that 1 have taken reasonable care 10 redact each Social Security
number in this document, unless required by law: Stevcn D. Hardin.
This document was prepared by Steven D. Hardin, Attorney at Law, Baker & Daniels, LLP,
600 East 96(1, Street, Suite 600, Indianapolis, Indiana 46240, (3] 7) 569~9600.
o D0130 1 469137tiv5
site plan
T rill ill 111
A Maintained Lifestyle Community
EXHIBIT B
TRILLIUM
CARMEL, INDIANA
April 2, 2007
o 70' wide lots
o 80' wide lots
SITE = 32.447 Ac.:\:
57 units
1.75u/a
lO.OAc.:!: Open Space
(30.8% not including pond area)
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126th STREET
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EXHIBIT C
ARCHITECTURAL STANDARDS
STRUCTURE AND DESIGN STANDARDS AND PROVISIONS
Buildings shall maintain a consistent architectural style, in both fonn and trim, throughout. The
trim shall be present on all sides of the building, as appropriate. Appropriateness shall be defined
as utilizing features and fonns that are considered typical to the chosen architectural style, and
shall be determined by staff review. All bui/ding elements w'e subject to the most current edition
of the Indiana Bui/ding Code.
A. WINDOWS
I. At least two (2) windows shall be present on each fayade, and each occupied level. One
(I) window shall bepennitted on half stories.
2. All windows, on all sides of the house, shall have trim as architecturally appropriate.
B. ENTRYW A YS
1. Entryways shall be clearly visible and shall be the dominant feature of the front fayade, or
the side facade.
2. Porches shall be a minimum of six feet deep, and shall be provided where architecturaHy
appropriate.
c. CHIMN EYS
1. Chimneys shall extend fully to the ground, and above the eaves, if external.
2. Chimneys shall be made of masonry or stucco material or panels, or materia! with a
similar, durable appearance,
3. "Shed-style" or bump.out chimneys shall not be pennitted.
D. GARAGES
I. If off-set or side-loading (courtyard loading), the fa9ade facing the street shall have at
least two (2) windows.
E. ROOFLlNES
1. Roofs shall have minimum twelve-inch (12") overhangs, on all sides of the structure, if
architecturaHyappropriate.
F. MATERIALS
1. If more than one material or color is used, the transition between materials and/or colors
shall be logical, i.e. to highlight an architectural feature. AlumLl1um and vinyl siding
shalt not be used.
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EXHIBIT E
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TREE PRESER V A TlON KEY
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EXHIBIT G
EXAMPLE OPTICAL CONTROL ALTERNATIVE
ACORN CUTOFFS (STREET LIGHT CAP) EXHIBIT
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CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF ADAMS & MARSHALL
TO REZONE PROPERTY LOCATED
AT 2555 'VEST 131sT STREET
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-504-07
To: The Honorable Common Council
of the City of Carmel
Hamilton County, In:dluna
Dear Members:
The Carmel Plan Commis.sion offers you the following report on the application (Docket No. 06100023 Z)
of Adams & Marshall., petitioning the Commission for a favorable recommendation to rezone 32.45 acres
located at 2555 West 131 Sl Street, from S-lIResidential to S-2lResidential to provide for single-family
residential development.
The Carmel Plall Commission's recommendation on the petition of the applicant .is "UNFA VORABLE."
Atitsregularly scheduled meeting on March 20, 2007, the Cannel Plan Commission voted nine (9) In Favor.
zero (0) Opposed, to forward to the Common Council the proposed Ordinance No. Z-504-07 with an
UNFAVORABLE recommendation.
Please be advised that by virtue ofthe Plan Commission's Favorable Recommend.ation, pursuant to Ie 36-7-
4-608(f)(4), the Council has ninety (90) days to act on this petition before it becomes effective as Certified
by the Commission. Ninety days from the date of this Certification (March 30, 2007) is Monday, June 27.
2007.
CARMEL AN J:~MMIS JON
B :? '4L---L 'f
eo Dierckman, President ~U
~W:~' ()
C/fCij~ ,. .. ~~f<~/
RamonaHancoc ,Secr~ary
Carmel Plan Commission
Dated: March 30, 2007
2007-DJ29; Z-504-07 TRILLIUM RE20NECERTIP1CAT10N
Received
MAR 3 0 .2007
Carmel .
Clerk.1'r/!aslIrer