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Home My WebLink AboutZ-498-06 .- SPONSOR: Councilor Raltennann ORDINANCE Z-498-06 AN ORDINANCIE. OF THE COMMON COUNCIL OFTHE CITY OF CARMEL, INDIANA, CHANGE OF ZONING CLASSIFICATION, REZONING OF 20+ ACRES OF REAL ESTATE ALONG THE EAST SIDE OF CHE.RRY TREK ROAD AND SOUTH OF 146111 STREJi:T FROM'S-lfRESIDENTIAL TO S-2/RESIDENTIAL ZONING CLASSIFICA TION WHEREAS, pursuant to Indiana Code 936-7-4-600 el seq., the Common Council of the City of Cannel, Indiana, has lawfuIly adopted a Zoning Ordinance, the tem1S of which are applicable to the geographic area consisting of the incorpvrated area of the City of Cannel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which Zolling Ordinance has be~m codified in Chapter I 0 of the Cannel City Code; and WHEREAS, pursuant to the rndiana Code 936-7-4-602, the Cornman Council IS authorized to amend the map that is part of the Zoning Ordinance; WHEREAS, the Cannel Plan Commission has rendered a 7-1 favorable 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"); and NOW, THEREFORE, BE IT ORDAINED by the. Common Council of the City of Cannel, Indiana, as follows: Sectilln I: The official Zoning Map accompanying and made part of the Zoning Ordinance is hereby amended to change the zoning classification of the Real Estate from the S-l/Residential zoning classification to the S-2lResidential zoning classification. Section II: All prior ordinances or parts thereof inconsistent with any proVIsIon of this Ordinance are hereby repealed. Section HI: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 4-~ PASSED by tile Common Council of the City of Camlel; Indiana, this~O day of ~ ,2006, by a vote of ~ ayes and ~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ATTEST rby , / fLoC) ~~. Brian D, Mayo ....- N e:,--r- ~ (2. e So e:- t.J'-- Mark Rattermann Presented by me to the Mayor of the City of Cannel, Indiana this ~o+:tay of N~ ,2006, at (g ~ ~S P.M. ~ Diana L Cordray, lAMe, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this ~O+<--day of N~ ,2006, at (.p : as- .p ,M. ATIEST~~ Diana L. Cordray, lAMC, Clerk Treas r I affim1, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law: Matthew S. Skelton. Prepared by: Matthew S. Skelton, AICP, Attorney at Law, Baker & Daniels LLP, 600 East 96th Street, Suite 600, Indianapolis, TN 46240, (317) 569-9600. EXHIBIT A Let:!al Description of Real Estate Cherrv Tree Grove A part of the West Half of the Northeast Quarter of Section 22, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest corner of the Notthwest Quartet of said Northeast Quarter Section; thence North 00 degrees 02. minutes 39 seconds East along the West line of said Half Quarter Section 45.00 feet .to the Centerline of Cherry Tree Road and the POINT OF BEGINNING of this description; the next four (4) calis being on and along said Centerline; 1.) North 16 degrees 49 minutes 55 seconds East 52.54 feet; 2.) North 26 degrees 58 minutes 46 seconds East L 32.80 feet; 3.) North 35 degrees 39 minutes 22 seconds East 81.80 feet; 4.) North 38 degrees 16 minutes 40 seconds East 102.55 feet to the Southwest corner of tbe property described in Instruinent No. 2001-36075 in the Office of the Recorder of Hamilton County, Indiana~ the nex.t three(3) calls being on and aiong. the South, East and North lines of said real estate; 1.)North 89 degrees 55 minutes 33 seconds East 469.84 feet;2.)North 00 degrees 55 minutes 09 seconds West 22557 feet;. 3.)South 89 degrees 55 minutes 33 seconds West 288.06 feet to a point on aforesaid Centerline; thence North 36 degrees 5.8 minutes 51 seconds East along said Centerline 154.16 feet to the Southwest comer of the real estate described in Instnlment No. 2000-51124 in said Recorders Office~ thei1ce North 89 degrees S5 mimltes 33 seconds East along the South line of said Real estate 861.04 feet to the East line of said Half Quarter Section; thence South 00 degrees OL minutes OOsec(j..nds West along said East line 961.00 feet; thence South 89 degrees 29 minutes 02 seconds West '8:10.89 feet; thence North 00 degrees 30 minutes 58 seconds West 323.49 feet; thence North 89 degrees 48 minutes 55 seconds West 269.02 feet; thence South 05 degrees 50 miI1Lltes 55 seconds West 20.49 feet; thence South 89 degrees 40 minutes 48 seconds West 233046 feet to the place of beginning, containing 20.442 acres, more or less. BDDBD\ 4542895v2 "CHERRY TREE GROVE~' SITE LOCA TION MAP fiLE COp.y COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE RDJ Land Deveiopment, LLC (the "Developd') makes the following commitments to the Carmel City Councii (the "CouncW) regarding the use "and development of the following described real estate (the "Real Estate") located in Hamilton County, Indiana: Section 1. Description orReal Estate: See attacbed Exhibit" A ". "21)061)0071293 Filed for Record in H~MILTO~ COUNTY, INDIANA JENNIFER J HAYDEN 11-30-200b At 03:55 PM. MIse 19.00 Sedion 2. Petition: 06060016 Z Section 3. Statement of Commitments: These commitments shan 1un with land, be binding on the Developer of the Real Estate, subsequent owners of the Real Estate and other persons acquiringan interest therein. A. The number of homes On the Real Estate shall not exceed 34. B. The Real Est?te shall be developed in substantial compliance with the site plan attached hereto as Exhibit "8." C. Homes built on the Real Estate shall comply wit11 the architectural standards attached hereto as Exhibit "c." D. No more than 25% of the homesite labeled as Lot 34 (the "Conservancy Lot") on Ex.hibit "B" shall be disturbed. The existing driveway locution shall be used for access to the Conservancy Lot. E. The detention pond shown in Exhibit B shall be lined with clay soil. F. Vinyl siding shall not be used. G. The Develuper agrees to extt:nd a 10' asphult pedestrian trail thWLlgh the commOll a,ea in the southeast corner of the Real Estate for the purpose of making a trail connection to the east with the developer of property abutting and to the east of the Real Estate. Modification Olf Commitments Sc~!ion 4. These commitments may be modi;ied or tennltluted only by a decision made by the Carmel City Council at a public healing after notice has been given in accorda..,ce with the City Council's Rules of Procedures. Pa~e 1 of 5 Section S. Effective Date The commitments contained herein shall be effecti ve upon tbe approval of Petition 06060016 Z and shaH continue in effect until modified or tenninated by the Cannel City Council. Section 6. Recording The undersigned hereby authorizes the Secretary of the Council to record these commitments in the Office of the Recorder of Hamilton County, Indiana, upon approval of Petition 06060016 Z. . Section 7. Enforcement These commitments may be enforced by the City Council of the City of Cannel, Hamilton County, Indiana. IN WITNESS WHEREOF, CR White Development, LLC, has caused this commitment to be exeeuted as of the /9. day of N:~_ .'006. ~~~ ~~~ RDJ Land Development, LLC By: Chris White Its: ..fr!t'f'r,'!:Jd . (Title) STATE OF INDIANA ) ) ss: COUNTY Of HAMILTON } Before me the undersigned, a Notary Public in and fOT said County and State; personally appeared CArl'S f.f!!,& 7< W/"',J. e. , who having been dtll y swam aeknowiedged the execution of the foregoing Commitments. Witness myhabd al1d Notarial Se,1 thj'fd'Y Of~.O .' ,2006. L. ll.tJuJ'.{ tJ' t. M~G , ( My Commission Expires: Notary Public Prin,te~i7kfpi ('~:t., ~ 'tUff Resldmg 111 fI tl PATRICIA E ' NOTARY PU8lic~ErMEA RES. !v1;iRI()N C6NOfANA My Comn1ission E UN) TY Septembe.( 21 "XOP res ,,, 1:; I affinn, under the penalties for perjury, that I have taken reasonabit: care to redact 'each Sodai Security number in this document, unless required by la'l:; Matthew S. Skelton. This document w;:..s prepared by Matthew S, SkdtCH1, Attomey ai Law, Baker 8< Daniels, LLP, 600 East 96111 Stref;'.t, Suite 60D, indianapolis, India!:<l. 4ti240, (317) 569-96f!O, Page2of5 EXHIBIT A LEGAL DESCRIPTION A part of the West Half of the Northeast Quarter of Section 22, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, being more particularly described as fo11o\",s: Commencing at the Southwest comer of the Northwest Quarter of said Northeast Quarter Section; thence North 00 degrees 02 minutes 39 seconds East along the West line of said Half Quarter Section 45.00 feet to the Centerline of Cherry Tree Road and the POINT OF BEGINNING of this description; the next four (4) calls being on and along said Centerline; 1.) North 16 degrees 49 miTllltes 55 seconds East 52.54 feet; 2.) North 26 degrees 58 minutes 46 seconds East 132.80 feet;' 3.) North 35 degrees 39 minutes 22 seconds East 81.80 feet; 4.) North 38 degrees 16 minutes 40 seconds East ] 02.55 feet to the Southwest comer of the property described in 1nstrument No. 2001-36075 in the Office of the Recorder of Hamilton County, Indiana; the next three(3) calls being on and along the South, East and North lines of said real estate; t.)North 89 degrees 55 minutes 33 seconds East 469.84 feet; 2.)North 00 degrees 55 minutes 09 seconds West 225.57 feet; 3.)South 89 degrees 55 minutes 33 seconds West 288.06 feet to a point on aforesaid Centerline; thence North 36 degrees 58 minutes 51 seconds East along said Centerline ] 54.16 feet to the Southwest comer of the real estate described in Instrument No. 2000-51124 in said Recorders Office; thence North 89 degrees 55 minutes 33 seconds East along the South line of said Real estate 861.04 feet 10 the East line of said Half Quarter Section; thence South 00 degrees 0 I minutes 00 seconds West along said East line 961.00 feet; thence South 89 degrees 29 minutes. 02 seconds West 810.89 feet; thence North 00 degrees 30 minutes 58 seconds West 323.49 feet; thence North 89 degrees 48 minutes 55 seconds West 269.02 feet; thence South 05 degrees 50 minutes 55 seconds West 20.49 feet; thence South 89 degrees 40 minutes 48 second~ West 233'.46 feet to the place of beglnning, contai ning 20.442 acres, more or less. Page 3 of5 r---. r-.. r=-=-r -i="Oc.~~, II 18 I I I I I: 17 I 6 I I :1 19 I I ~-----~ 16 II I ~-----, L_____~ ~- :1 20 : r---~~ .l'------T I I' :1 8 I I I r 15 , I r I' :1 : m 21 I: :1 >< 14 II :1 9 ~ I ~~,J; ~-=..;-:;":=- ...w ""- 0:1 ....... '-l Cd 0 13 12 11 CHERRY TREE GROVE SITE PLAN (;IIO->onC-ll2:l..!:;SlAn!l II"r:r~"1IA t l .. S'-PP~ J:. a........... :1",- CZIH&I.lMHl'l.IM"!'''' 1"'~Tt'Il1o ~\ll__ .hI~~".__ EXHIBIT C ARCHrTECTUR.i\.L STANDARDS STRUCTURE ANTI DESIGN STANDARDS AND PROVISIONS Buildings shall maintain a consiswnt architectural style, in both form and trim, throughout. The trim shall be present on all sides of the building, as appropriate. Appropriateness shall be defined as utilizing features and forms that are considered typical to the chosen architectural style, and shall be determined by staff review. A II building elen;ents are sll~jectto the most current edition of the Indiana Building Code. A. WINDOWS 1. At least two windows shall be present on each fa1;ade, and each occupied level, as architecturally appropriate. One window shall be permitted on half stories. 2. All windows, on all sides of the house, shall have tnill as architectural! y 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 architecturally appropriate. c. CH IMNEYS 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 material with a similar, durable appearance. 3. "Shed-style" or bump-out chimneys shall not be pennitted. D. GARAGES 1. Garages shall not be the dominant feature of the front facade 2. If off-set or side-loading (courtyard loading), the fa1;ade facing the street shall have at least one window. 3. The garage, 1 f front-loading, shall comprise no more than 30% of the main front fayade. E. ROOFLINES 1. Roofs shall have minimum 12" overhangs, on all sides of the stmcture. ifarchitecturally appropriate. F. MATERIALS 1. If more than one material or color is lIsed, the transition between materials and/or colors shall be logical, i.e. to highlight an architectural feature. If a material such as brick or stone is used on the front fa9ade but not the side facades, a logical transition with trim, such as quoins, shall be provided. Vinyl siding, if used, shall not be less than 0.048 thickness. Aluminum siding shaH not be used. Page 5 of5 BDDBOI45l\8S19vl Exhibit C ClTY OF CARMEL ARCHITECTURAL STANDARDS STRUCTURE AND DEStGN STANDARDS AND PROVISIONS Buildings shall maintain a consistent architectural style, in both form and trim, throughout. The trim shall be present on all sides of the building, as appropriate. Appropriateness shall be defined as utilizing features and forms that are considered typical to the chosen architectural style, and shall be determined by staff review. All building elements are subject to the most current edition of the Indiana Building Code. A. WINDOWS 1. At least two windows sha~1 be present on each faC(sde, and each occupIed level, as architecturally appropriate. One window shall be permitted on half stories. 2. All windows, on all sides of the house, shall have trim as architecturally appropriate. B. ENTRYWAYS 1. Entryways shall be clearly visible and shall be the dominant feature of the front fac;ade,or the side facade. 2. Porches shall be a minimum of six feet deep, and shall be provided where architecturally appropriate. C. CHIMNEYS 1. Chimneys shall extend fully to the ground, and above the eaves, if external; 2. Chimneys shall be made of masonry or stucco material or panels, or material with a similar, durable appearance. 3. "Shed-style" or bump-out chimneys shall not be permitted. D.GARAGES 1. Garages shall not be the dominant feature of the front facade 2. If off-set or side-loading (courtyard lOading); the fa;;:ade facing the street shall havE;l at least one window. 3. The garage, if front-loading, shall comprise no more than 30% of the main frontfagade. E. ROOFLINES 1. Roofs shall have minimum 12" overhangs, on all sides of the structure, if architecturally appropriate. F. MATERIALS 1. If more than one material or color Is used, the transftion between materials andJor colors ~hall be logical, i.e. to highlight an architectural feature. If a material such as brick or stone is used on the front far;;ade bu1 not the side facades, a fogkal transition with trim, such as quoins, shall be provided. Vinyl siding, If used, shall not be less thC)n 0.048 thickness. Aluminum siding shall not be used. llDDBO I 4473J92vl ., CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF RDJ LAND DEVELOPMENT TO REZONE PROPERTY LOCATED ON THE EAST SIDE OF CHERRY TREE ROAD, SOUTH OF 146TH STREET PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-498-06 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Cannel Plan Commission offers you the following report on the application (Docket No. 06060016 Z) of RDJ Land Development, petitioning the Commission for a favorable recommendation to rezone 20.44 acres located on the east side of Cherry Tree Road, south of 146th Street from S llResidential to S2/Residential to anow for low-density, single-family residential development. The Carmel Plan Commission's recommendation on the petition of the applicant is 'IFA VORABLE." At its regularly scheduled meeting on September 19, 2006, the Carole! Plan Commi~sion voted seven (7) in Favor, one (l) Opposed (Schleit), zero (0) Ab~taining, to forward to the Common Council the proposed Ordinance No. ZA98-06 with a Favorable Recnmmendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, 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 Coml1}lssion Ninety days from the date of this Certification (September 29, 2006) is Wednesday, December 27, 2006. Received OCT 9 2006 .~' R. mona Hall cock, Secretary Carmel Plan COlUmission Dated: September 29, 2006 2006-0929; 2-498-06 CHERRY TREE GROVE CERTIFICA TlON Recei v iJ.;:" OCT 9 ";~ - - Carmel CluIc. Trf!llSlIrer 14558 CherT)' Tree Road Carmel( IN 46033 844-5372 October 16, 2006 Carmel City Council City of Carmel _ One CivIC Squa re Carmel( IN 46032 RE: Docket No. 06060016Z: Cherry Tree Grove Rezone We would like to show our support to CR White Development, LLC and RDJ Homes in their request to rezone the 20.44 acres just south of our property'. The plans for Cherry Tree Grove would affect us more than any other homeowner due the amount of footage that our five acres has in contact with this planned subdivision. Although we would prefer not to have this area developed at all, the proposal that CR White Development is suggesting, will enable CherT)' Tree Road to remain the tree-lined, quaint street that it has always been. They have assured us that the majority of the existing trees Will remain and we are confident that their interests lie in protecting this naturai area. We ask that the Carmel City Council approve CR White Development's request to rezone this area from Sl to 521. We also ask that the Carmel City Council review the site plan for Cherry Tree Grove and :approve it in a timely manner. Several of our neighbors with small children would like this project to begin this winter so that the dust, noise, truck traffic etc. would be completed prior to next spring/summer. This would also be advantageous for the numerous bicyclists that use Cherry Tree Road on a daily basis. Thank you in advance for your timeliness in this matter. Dottie & Jeff Brisley