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BALLANTRAE
4087 Acres South of 146th Street,
Between Springmill Road and Ditch Road
PRIMARY PLAT APPRO V AL
UNDER ROSO
Carmel Plan Commission
May 20, 2003
Applicant: The Anderson Corp.
c/o Jim Anderson & Darlene Lorenz
12900 N. Meridian St., Suite 380
Carmel, IN 46032
Phone: 848-5000
Charles D. Frankenberger
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
Telephone: (31 7) 844-0106
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TABLE OF CONTENTS
1. Explanation
2. Aerials
3. Site/Landscape Plan
4. Plat rendering
5. Entry detail
6. Conceptual pocket part
7. Sample Elevations
8. Commitments
9. Open Space Information
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Explanation
The Anderson Corporation is the owner of approximately 4.87 acres located south of
146th Street, west of Springmill, and east of Ditch Road. The real estate is outlined on the
enclosed aerial photograph. It is zoned S I-Residential.
The Anderson Corporation is requesting primary plat approval, under the Residential
Open Space Ordinance, to permit a truly unique, custom, empty-nester community to be known
as Ballantrae. The community will feature 9 homes of European design, incorporating such "old
world" materials as brick, stone. and stucco. Ballantrae will include a walking path which
meanders throughout the property, along with abundant open space and a pocket park with a
lake. Maintenance of all grounds, including both common areas and lots, will be provided in the
form of irrigation, fertilization, mowing, and snow removal. The synergy of these features will
establish a truly lmique, custom, empty-nester community.
This unique community, as illustrated by the enclosed drawings and information, will
require waivers from the requirements of the Subdivision Control Ordinance pertaining to
frontage on a public right-of-way, tree clearing, and standard open space. In this regard, it is
noteworthy that 41 % of Ballantrae will be open space, significant trees will be preserved, and
meaningful landscaping will be planted.
Drawings illustrating Ballantrae are contained in this informational brochure and include
site/landscape plans, plat renderings, entry detail, an illustration of the pocket park. and sample
elevations. Also included are commitments insuring the custom, empty-nester characteristics of
this community.
We look forward to presenting this matter to you on May 20,2003.
Respectfully submitted,
~/~~ --.&. ~ r---
Charles D. Frankenberger
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COMMITMENTS CONCERNING THE USE AND DEVELOPMENT
OF REAL ESTATE
The Anderson Corporation ("Anderson") makes the following commitments
("Commitments") to the Plan Commission ("Commission") of the City of Carmel, Indiana:
1.
Description of Real Estate. The real estate is legally described in Exhibit A attached (the
"Real Estate").
2.
Docket Number. The docket Number is 28-03-PP, under which primary plat approval
was granted, subject to and conditioned upon compliance with these Commitments.
3.
Definitions.
A. "Association" shall mean and refer to the Indiana Non-Profit Corporation which
the Developer incorporates a~ required by the Covenants.
B. The "Builder" shall mean and refer to any person or entity which builds a
residence upon the Real Estate.
c.
The "City" shall mean and refer to the City of Carmel, Indiana.
D.
The "Covenants" shall mean and refer to the Declaration of Covenants,
Conditions, and Restrictions which, in connection with the Real Estate, the
Developer prepares and causes to be recorded with the Recorder of Hamilton
County, Indiana.
E.
The "Committee" shall mean and refer to the Architectural Review Committee
established by the Covenants.
F.
"Common Area A," "Common Area B," and "Area C" shall mean and refer to
what is identified on the Plat as Common Area A, Common Area B, and Common
Area C, respectively.
G.
"Developer" shall mean and refer to Anderson and its successors and assigns.
H.
An "Owner" shall mean and refer to a person or entity to which the Developer or
Builder conveys a lot and who intends to occupy a single-family residence to be
constructed on a lot.
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1. The "Plat" shall mean and refer to the Plat, a copy of which is attached hereto and
incorporated herein by reference as Exhibit "B".
Architectural Standards. The Following architectural standards shall be required and
applicable to all residences constructed upon the Real Estate:
A. Brick, natural stone, cultured stone, EIFS, and/or stucco shall be required on a
minimum of 75% of the first floor exterior of all residences. Brick, natural stone,
cultured stone, EIFS, stucco, wood or composite siding (hardie board) materials
are permitted on the exterior of levels above the first floor. Aluminum siding or
vinyl siding are prohibited, but aluminum and vinyl clad windows and/or soffits
are permitted. The use of aluminum fascia and guttering are also permitted.
B. Windows will appear on at least three (3) sides, with the front being one of the
three (3) required sides. In the event that a fourth side does not have a window, it
shall have at least two (2) architectural breaks, such as a chimney or other corner
break. The outermost corners of the dwelling shall not be counted as architectural
breaks to meet this requirement.
C. A standard street address stone, selected by the Developer, shall be installed and
purchased by the Owner and/or Builder.
D. A standard mailbox and post, selected by the Developer, will be installed by
Developer's vendor and purchased by Owner and/or Builder.
E. Each residence shall have at least an 8-inch eave and overhang.
F. Chimneys occurring on the exterior of the house will have a brick, stone or stucco
veneer.
G. Concrete driveways are required. Concrete or brick pavers may be permitted with
Committee approval.
H. Exterior color selection shall be submitted and approved by the Committee prior
to exterior materials being installed. Exterior colors shall be in harmony with the
custom home development of the Real Estate. Acceptable colors shall be
generally defined as the earth tones and other traditional colors.
1. Residences must have a minimum roof pitch of 6 vertical, 12 horizontal. Special
exceptions may be made by the Committee for porches, covered walkways, and
other ancillary roofs.
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Roofing shall be of architectural grade shingles that have greater texture than
standard 3-tab shingles. Cedar shake, copper and metal roofing shall be permitted
with Committee approval.
K.
A standard 70-watt dusk-to-dawn pole yard light, selected by the Developer, shall
be purchased and installed by Owner and/or Builder and located 5 feet in both
directions from the intersection of the driveway and front sidewalk.
L.
Design elements and detailing shall be continued completely around the structure.
Such design elements shall include, but are not limited to, windows, window
placement, trim detail and exterior wall materials. Long, massive, unbroken
exterior building walls shall be avoided.
M.
Various lengths and heights of ridges will be encouraged for diversity of
elevations.
Basement foundations will be constructed of poured concrete.
O.
Crawl space foundations and/or garage foundations may be poured wall or
concrete block construction.
Single 9 x 7 foot garage doors are preferred over l6-foot garage doors. Sixteen
foot doors may be permitted by approval of the Committee.
Q.
Equipment vents are to be located to be minimally visible from the street frontage and
will be color coded to match the trim or roofing materials.
Before commencing construction, the Owner and/or Builder will submit to the
Committee a landscape plan and obtain committee approval of the plan. This plan
shall address all yards of the applicable lots; however, the front yard must contain
the following:
1.
One (1) tree, measuring at least four (4) inches in caliper at the time of
installation, located in the front yard (an existing mature tree will count as
satisfying this requirement).
11.
Twenty (20) shrubs, the proposed size of which is to be specified on the
plan submitted to the Committee; and
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All trees are to be of a specie listed on the "Approved Plant Materials
List" supplied by Developer and/or the Committee.
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S. All residences shall have a minimum of nineteen hundred (1,900) square feet of
finished space, exclusive of garages.
5.
Tree Conservation Areas. The Builder and/or Developer will endeavor to conserve trees
within Common Area A, Common Area B, and Easement Area C as outlined below. The
Tree Protection Guidelines, attached hereto and incorporated herein by reference as
Exhibit "C", outline the method of enforcement of tree conservation. The Developer
agrees to utilize an arborist until completion of the construction project.
A. Common Area A: This is shown on the Plat, but generally described as the
perimeter of the real estate. This area is designated to be maintained in a
reasonably "natural" state. Quality young and mature existing trees will be valued
and preserved. Some "cleaning out," particularly understory, in these areas will be
necessary at the time of initial site development, and a healthy mix of age and
species of trees will be preserved. This area is considered a distinguishing feature,
and efforts will be made to protect and preserve it during design, construction and
post-construction. Only those preserved trees which subsequently die or are a
threat to person or property may subsequently be removed.
B. Common Area B: This is shown on the attached Plat, but generally described as
the area within the development designated for circulation, passive and active
recreation, and areas designated for storm water management. This area will have
varying levels of maintenance. Quality, mature existing trees will be valued and
efforts to preserve trees will be maintained throughout design, construction and
post-construction periods. Only those preserved trees which subsequently die or
are a threat to person or property may subsequently be removed.
C. Easement Area C: This is shown on the attached Plat, but generally described as
the tree conservation and drive easement area. Existing trees in these areas will
remain as shown on the Plat. Quality, mature existing trees will be valued and
efforts to preserve will be maintained during design, construction and post-
construction periods. Barriers will be installed and maintained around existing
trees from the start of site construction until all hard surfaces are completed in this
area. Only those preserved trees which subsequently die or are a threat to person
or property may subsequently be removed.
6.
Maintenance. Maintenance of the lawns and common areas will be provided by the
Association. See attached Exhibit D for a listing of items to be maintained.
7.
Binding on Successors and Assigns. After the Effective Date (defined below), these
Commitments are binding upon Developer, each subsequent Owner of the Real Estate,
and each other person acquiring an interest in the Real Estate, unless modified or
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terminated by the Commission. Thes,e commitments may be modified or terminated only
by a decision of the Commission made at a public hearing after notice as provided by the
Rules of the Commission.
8.
Effective Date. The commitments contained herein shall be of no force and effect until
the occurrence of all of the following:
A. The approval ofthe plat request under Docket Number 28-03-PP; and
B. The acquisition of title to the Real Estate (i) by the Developer, (ii) by Developer's
grantee, successor or assign, or (iii) by any person or entity who develops the Real
Estate pursuant to the approvals obtained under Docket Number 28-03-PP; and
C. The commencement of the development of the Real estate pursuant to approvals
obtained under Docket Number 28-03-PP.
9.
Recording. The undersigned shall record these Commitments in the Office of the
Recorder of Hamilton County, Indiana, upon the occurrence of all events specified in
paragraph 7 above.
10.
Enforcement. These Commitments may be enforced by the Commission and the City of
Carmel and any Owner of part or all of the Real Estate.
11.
Compliance Confirmation. The Director of the Department of Community Development
of the City of Carmel, Indiana, shall, when requested by the Owner of the Real Estate,
given written assurance, in letter form, that the Owner of the Real Estate has or has not
complied with these commitments.
EXECUTED this _ day of
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,2003.
THE ANDERSON CORPORATION
By:
James Anderson, President
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ST ATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
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Before me, a Notary Public, in and for said County and State, personally appeared James
Anderson, the President of The Anderson Corporation, an Indiana corporation, and
acknowledged the execution ofthe -foregoing Commitments.
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WITNESS my hand and Notarial Seal this _day of May, 2003.
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My Commission Expires:
Notary Public
Residing in
County, Indiana
Printed Name
This instrument prepared by Charles D. Frankenberger, Nelson & Frankenberger, 3021 East 98th
Street, Suite 220, Indianapolis, Indiana 46280.
H :\Janet\Anderson \ 146111 -Carme1\Commitments 050703.doc
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Exhibit A - Description of Real Estate
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Part of the Northeast Quarter of Section 22, Township 18 north, Range 3 East, in Clay
Township, Hamilton County, Indiana, described as follows:
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Beginning at the North line of the Northeast Quarter of Section 22, Township 18 North,
Range 3 East, 412.50 feet North 90 degrees 00 minutes 00 seconds (assumed bearing) from
the Northwest corner of said Northeast Quarter; thence South 00 degrees 59 minutes 49
seconds West 494.60 feet to a found iron pipe; thence North 80 degrees 41 minutes 57
seconds East 477.97 feet to a fence line; thence North 06 degrees 14 minutes 56 seconds East
along said fence line and prolongation thereof, 419.77 feet to the North line of said Northeast
Quarter; thence South 90 degrees 00 minutes 00 seconds West on said North line 508.77 feet
to the Place of Beginning, containing 5.107 acres, more or less.
Less the following Right-of-Way deeded to Hamilton County, Indiana on January 12, 1999:
Part of the Northeast Quarter of Section 22, Township 18 North, Range 3 East in Washington
Township, Hamilton County, Indiana, being described as follows:
Commencing at a Harrison Marker at the northeast corner of the northeast quarter of Section
22, Township 18 North, Range 3 East; thence South 89 degrees 30 minutes 26 seconds West
along the north line thereof a distance of 1777.88 feet to the BEGINNING POINT: thence
South 00 degrees 29 minutes 34 seconds East a distance of 16.50 feet; thence South 78
degrees 16 minutes 39 seconds West a distance of 95.28 feet; thence South 89 degrees 30
minutes 26 seconds West parallel with said north Quarter line a distance of 150.01 feet;
thence North 79 degrees 54 minutes 48 seconds West a distance of 101.08 feet; thence North
00 degrees 29 minutes 34 seconds West a distance of 16.5 feet to the North line thereof;
thence North 89 degrees 30 minutes 26 seconds East along said north line a distance of
342.82 feet to the BEGINNING POINT, containing 0.235 acres, more or less.
H:\J anet\Anderson \ 146"' -Cannel\Commitments OS0703.doc
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Exhibit B - Ballantrae Plat
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Exhibit C - Ballantrae Tree Protection Guidelines
In general, the areas to be preserved are outlined in Item 5 of the Architectural Standards.
Specific areas are outlined on the Plat.
Single trees can have a significant impact on the community. All individuals, developers and
contractors on the site shall follow each standard of the tree protection plan with care. All
planners, utility and construction crews and individuals associated with the development shall be
made aware of each standard and specification along with the consequences for violating them.
Penalties and reforestation conditions are to be incorporated in the specific site specifications of
the final plan.
General Standards
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1. All woodlands and trees to be preserved shall be enclosed by an appropriate construction
barrier, such as a snow fence, and identified by signs stating "Tree Preservation Zone"
prior to commencing any land disturbance. Fences need to remain in place during all
phases of construction. They are not to be removed lUltil the construction is finished
unless the Director of the Department of Community Services of the City or the City's
Arborist gives written consent.
2. The protective zone for woodland groups and specimen trees should be specified in the
final plan, but shall be no less than the total area beneath the trees' canopy defined by the
farthest canopy of the tree(s) plus an additional 5 feet, except as noted in the
Architectural Standards.
3. Designated material and debris holding areas along with construction parking areas
should be established at least 25 feet from any preservation zone.
4. Prior to commencing any land disturbance, a meeting shall be held with the City Arborist
and representatives from the Developer, contractor and Builder.
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5. Ifthe trees being preserved will be affected by construction activities, the individual trees
need to be listed in the site specifications. If there are branches or roots that need pruning,
it should be done by trained personnel using equipment designed specifically for that
purpose. For installation of utilities, tunneling or directional boring is encouraged to limit
the destruction of the root systems. Any trenches affecting tree root systems should be
immediately backfilled and mulched or covered as addressed in the erosion control site
specifications (327 IAC 15-5 Rule 5).
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6. Areas adjacent to tree preservation zones shall be mulched (a minimum of 6') to provide
additional protection to tree roots. Care needs to be taken, especially around driveways
and "housepad" areas so that no substantial disruption, or removal of major roots, takes
place except by approved plan, or with the City Arborist's consent.
7. No materials or construction debris should be stored, discharged, or abandoned in the tree
preservation zones. This includes but is not limited to construction materials, paint, oils,
solvents, asphalt, concrete, wash-out, etc. This also includes backfill that substantially
changes the grade over any root system.
8. No equipment or construction traffic should be driven or parked within the tree
preservation zones.
9. The developer shall agree to keep an arborist on staff until completion of the construction
proj ect.
10. Post-construction tree care and maintenance (including watering) of newly planted
vegetation should be specified in the fmal plan site specifications.
Summary
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The object of these standards is to provide construction practices that will cause the least amount
of destruction to a property's assets, namely its trees. The developer voluntarily adopts this tree
preservation plan. The general standards and site specifications should be closely followed and
not changed unless prior approval is given in writing from the community development director
or city arborist.
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Exhibit D - Maintenance Items Provided by the
Association to Owners, and to Be Funded by Assessments
. Mowing of all private lots and common areas throughout the growing seasons.
. Trimming, weeding, and mulching of all planting beds.
. Cleaning of all clippings and debris from walks and streets.
. All fertilization, weed control, trimming and maintenance of turf area.
. Pre- and post-emergent weed and grass control and hand weeding in all planning
beds.
o Turf insect control, if necessary.
. Pruning of shrubs with removal of debris.
. Leaf removal.
. Opening and closing of the automatic irrigation systems.
G Maintenance of common areas, including operation of irrigation systems.
I) Trinuning and edging along streets and sidewalks and obstacles in any common area.
. Snow removal from all driveways, streets and sidewalks from the driveway to the
front door.
III Trash removal.
III Membership in Association.
H: IJ llnet\Anderson \ 146th.CarmellCommitments 050703.doc
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CITY OF CARMEL & CLAY TOWNSlllr SUllOIVISION CONTROL ORDINANCE
EXHIBIT A
OPEN SPACE SCHEDULE
SUBDIVISION NAME: Ballantrae
1. SITE ACREAGE 4.87
2. ZONE DISTRICT 5-1
3. MINIMUM OPEN SPACE REQUIREMENT (SOSR)
4. OPEN SPACE PROVlDED (OSP)
5. PRIIvlARY CONSERVATION AREAS
15% I .73 acres
41% /2.01 acres
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Well-head Protection Area
FEMAJIDNR 100 year Flood Fringe
White River Corridor
Steep slopes (10%)
Mature Woodland
Special Opportunity Corridor (identify)
Other
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FEMAlIDNR 100 year Ftoodway
Wetlands (> l/4 ae.)
Scrub Woodland
Young Woodland
Historic Structures/Sites
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6. NATURAL OPEN SPACE PROVIDED
41% / 2.01
acres
o Square
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N/A I acres
N/A I acres
Parks 0 Green
Greenbelt 0 Paths
Golf Courses 0 Pond (see below)
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7. AGRICULTURAL OPEN SPACE
8. DESIGNED OPEN SPACE
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9. CONSERVANCY LOTS
N/ A no. lots
acres
10. PONDS total measured perimeter (in Iinearfeet) 386 I.f.
total measured accessible perimeter (not bounded) 3861.f. 100 %
r "I
LJ
( -1
L
u
U
Open Space Standards For Major Subdivisions
7-12
as amended per 2-346