Loading...
HomeMy WebLinkAboutPacket PUD Draft to City Council1 1 1 1 t 1 1 1 1 REC' j~~ ? ~~3 acd DOGS Monon Patio Homes Planned Unit Development 116th Street and the Monon Trail Ordinance No. Z-420-03 Presented to the Common Council of the City of Carmel, Indiana November 3, 2003 1 BAKER~DANIELS Est. 1863 ~ 600E 96th Street Sui[e 600 Indianapolis, Indiana 46240 317.5699600 Fav 317.569.4800 www.hakerdaniels.com JOSEPH M. SCIMIA 317-569-4680 Joseph.Scimia ~ bakerd.com October 24, 2003 ' City of Carmel Common Council c/o Ms. Carrie Gallagher Clerk-Treasurer's Office ' One Civic Square Carmel, Indiana 46032 Indiana Washington, OC. China Re: Ordinance No. Z-420-03: Monon Patio Homes Planned Unit Development ' Dear Members of the City of Carmel Common Council: On November 3, 2003, representatives of Hearthview Residential, LLC, will appear before you to present a rezoning petition for property located generally at the southeast corner of the intersection of 116`h Street and the Monon Trail. The rezoning petition is to establish a Planned Unit Development ("PUD") Zoning District for a patio ' home development consisting of ten (10) two-unit buildings. An existing residence on the subject property would remain, resulting in a total of twenty-one (21) residences on the 6.369 ± acre site. ' The subject property is currently zoned R-1 residential. It is bordered on the north by 116th Street and a vacant residence that is to be razed with the planned widening ' of 116th Street. To the east of the site is a residential lot of 7.65± acres, which is impacted by floodplain. The south property line of the subject property abuts three residential lots of the Donnybrook Subdivision. The entire west property fine is bordered by the Monon Trail. ' The development's site layout was originally proposed with twenty-nine (29) units (twenty-eight as town homes). In response to concerns raised by the Subdivision ' Committee, neighbors, and negotiations with the Donnybrook Homeowners Association, the proposal was amended down to twenty-one (21) units and subject to Commitments Concerning the Use and Development of the Real Estate. The density of the project now stands at 3.297 units per acre which is consistent with the recommendations of the Comprehensive Plan. The design of the two-unit buildings include individual porches that face the Monon Trail, side entries, attached two-car garages, and all brick exteriors (except ' for gables). These units would contain a minimum of 1800 square feet and have a target sales price of $275,000.00 to $325,000.00. The site layout also incorporates a landscaped berm along the southern property line that is adjacent to the Donnybrook residences. The ' overall development, including the site layout and the two-unit building design, has received the support of the Donnybrook Homeowners Association. ' INIMAN2788010v1 ~~ 1 1 In closing, on behalf of Hearthview Residential, LLC, we thank you for your consideration. ' Enclosures City of Carmel Common Council -2- October 24, 2003 Enclosed for your review are the following documents and illustrative materials: Tab A: Location map/aerial photo. Tab B: Ordinance No. Z-420-03: An Ordinance of the Common Council of the City of Carmel, Indiana Establishing the Monon Patio Homes Planned Unit Development District, including the following Exhibits (blackline removed): Exhibit A: Legal Description Exhibit B: Building Elevations and Layout Plan Exhibit C: Landscape Plan Tab C: Commitments Concerning the Use and Development of the Real Estate (blackline removed). Tab D: Chart comparing the current R-1 Zoning Requirements to the proposed Monon Patio Homes PUD. Tab E: Chart comparing the original proposal of 29 units to the current proposal of 21 units. Tab F: Photographs of the existing landscaping along the Monon Trail. Tab G: Area map identifying the floodplain borders on the adjacent property. Tab H: Letters of support from the Donnybrook HOA and Mr. Ryan Mullens (an abutting owner in Donnybrook). The rezoning petition and supporting documentation are on file with the Department of Community Services. erel~y, o eph M. Scimia ' INIMAN2788010v1 r~ s r r r r r r r r r r r r r ^is ^r rr rr 1 Sponsor: Councilor Wayne Wilson ' Ordinance No. Z-420-03 ' AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE MONON PATIO HOMES PLANNED UNIT DEVELOPMENT DISTRICT t ~ Rezoning of 6.369 acres located on the southeast corner of the intersection of 116`h Street and the Monon Trail from the R-1/Residence District Classification to the PUD/Planned Unit Development District Classification ' WHEREAS, Section 31.6.4 of the Carmel /Clay Zoning Ordinance Z-289 (the "Carmel /Clay Zoning Ordinance") provides for the establishment of a PUD/Planned Unit ' Development District in accordance with the requirements of LC. § 36-7-4-1500 et seq.; NOW, THEREFORE, BE 1T ORDAINED by the Common Council of the City of Carmel, Indiana, pursuant to LC. § 36-7-4-1500 et seq., as an amendment to the Carmel /Clay Zoning Ordinance, as follows: Section 1. Applicability of Ordinance: L The Official Zoning Map of the City of Carme] and Clay Township, as part of the Carmel ' /Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A" (the "Real Estate") as a PUD/Planned Unit Development District. II. Development in the PUD/Planned Unit Development District shall be governed by the provisions of this Ordinance, with the exception that provisions of the Carmel /Clay Zoning Ordinance specifically referenced within this Ordinance and in effect on October 21, 2003, shall also apply. III. Any term not defined herein shall have the meaning as set forth in the Carmel /Clay Zoning Ordinance in effect on October 2l, 2003. Section 2. Monon Patio Homes Planned Unit Development. 1NIMAN2787800c1 LJ Monon Patio Homes Planned Unit Development ll6t~ Street & The Monon Trail Carmel, Indiana 1 I. Introduction /Overview The Monon Patio Homes Planned Unit Development District (the "Monon PUD") represents a development of approximately 6.369 acres of land located in the southeast quadrant of the intersection of 116"' Street and the Monon Trail, in Carmel, Indiana. The property included in and subject to the Monon PUD is described in the attached Exhibit A, Legal Description ("Subject Site"). The development consists of twenty-one (21) residential units contained within eleven (11) buildings. Ten of the buildings will be two- ' family dwellings (duplexes), comprising a total of twenty new residential patio home units. The eleventh building and remaining unit is an existing residence on the subject site which will remain, but will not be required to meet the Monon PUD Development Standards. It is intended that all of the residential units will beowner-occupied. The site has been designed with a single point of access from 116`h Street and provides for on-site retention. ' This document shall serve as PUD District Ordinance for the Monon PUD as required by Chapter 31.6.4 of the Cannel /Clay Zoning Ordinance. The Monon PUD will be developed in a single phase and the residential patio home units will be part of a horizontal property regime under Indiana Law. ' II. Administration. A. Development Requirements. ' The information contained in the following listed sections express the development requirements of the Monon PUD and are expressed in "detailed ' terms" as specified by IC 36-7-4-1500, et. seq., and Section 31.6.1 et. seq., of the Carmel /Clay Zoning Ordinance: 1. Section III -Permitted Uses and Development Standards; 2. Section N -Landscaping; ' 3. Section V -Traffic /Roadway Improvements ~ 4. SectionVI-Definitions INIMAN2787800v7 ' B. Interpretation of Permitted Uses. It is recognized that this the list of permitted uses specified within the Monon PUD is a representative listing of use and is not all inclusive of appropriate uses. Therefore, this Monon PUD may require interpretation to assign appropriate uses to the Monon PUD. Any use which is not specifically set forth in this Monon ' PUD, but which is comparable in terms of traffic generation and operational characteristics to other uses specified within the Monon PUD shall be reviewed by the Director for consistency with the intent set forth in the Monon PUD and for compatibility with uses permitted within the Monon PUD. Based upon this review, the Director shall determine if the proposed use is a permitted use within the Monon PUD. In case of disagreement with the determination of the Director in assigning a use to the Monon PUD, any aggrieved party may file an appeal with the Board of Zoning Appeals. If it is: (i) determined by the Director that a particular use is not permitted in the Monon PUD and no appeal of the Director's decision is filed with the Board of Zoning Appeals; or, (ii) determined upon appeal that a particulaz use is not permitted in the Monon PUD, then such use ' shall require a variance of use or a rezoning petition in which such use is specifically included and described in order to be permitted within the Monon PUD. ' C. Improvement Location Permits. Prior to the issuance of an improvement location permit for any building or structure (including signs) which requires an improvement location permit under the terms of Section 29.4.2 of the Carmel /Clay Zoning Ordinance, the applicant ' shall file a site plan that meets the requirements of the Monon PUD. D. Modification of Development Requirements. PUD h M b onon , ject to t e Upon the written request of any owner of real estate su the Carmel /Clay Plan Commission may designate a committee of the Commission to review and modify any of the development requirements contained herein (other than permitted uses) after a public hearing held in accordance with the Commission's Rules of Procedure. Any determination of a committee to approve or deny any requested modification maybe appealed by the Director or any interested party to the Commission, in accordance with the Commission's Rules of Procedure. INIMAM12 787800v1 III. u Permitted Uses and Development Standards The permitted uses and development standards applicable to this Monon PUD shall be those permitted uses and development standards specified herein. In case of conflict between specific provisions of this Monon PUD and any overlay district of the Carmel 1 Clay Zoning Ordinance, the provisions of this Monon PUD shall control. A. Permitted Uses within the Monon PUD shall consist of the following: Single-family Dwelling. Two-family Dwelling; provided that: a. No person, group of persons or entity, other than the initial developer, shall own more than one (1) dwelling unit and each dwelling unit shall be designed for and used as a permanent residence; and, b. The initial developer of the twenty (20) unit residential development as contemplated by the Monon Patio Homes Planned Unit Development Ordinance shallnot rent or lease any such units. 19'fl0~ ~ a NPK 3. Home Occupations. 4. Accessory Uses and Structures. Accessory uses and structures which are subordinate, appropriate and incidental to the above-permitted uses shall be permitted and utilities. B. Monon PUD Development Standards shall consist of the following, but shall only apply to the two-family dwellings to be constructed pursuant to the approval of the Monon PUD and not to the existing single-family dwelling on the subject property: Elevations and Exterior Building Materials: The two-family dwelling's elevations and exterior building materials shall be as set forth in the Monon Palio Homes drawings prepared by Hearthview Residential and dated October 8, 2003, and the Layout Plan prepared by TLF Consulting Engineers with a latest revision date of September 5, 2003, which have been filed with the City of Carmel -Department of Community Services, copies of which are attached hereto as Exhibit B (collectively, the "Plans"). 2. Maximum Building Height: A maximum of two (2) stories not to exceed thirty-one feet six inches (31' - 6"). INIMAN2787800v1 i 3. Minimum Front Yard a. Thirty-five feet (35' - 0") from the proposed right-of--way . b. Use of Minimum Front Yard: Said minimum front yards shall be landscaped in compliance with Section N., below, provided, however, such minimum front yard mayinclude: interior access drives and detention areas as depicted on the Pluis. 4. Minimum Side Yards: a. Twenty feet (20' - 0"). b. Use of Minimum Side Yard: Said minimum side yards shall be landscaped in compliance with Section IV., below, provided, ' however, such minimum side yards may include: entries, porches, sidewalks, decks, courtyards and patios as depicted on the Plans. 5. Minimum Rear Yard: a. Thirty feet (30' - 0"). ll b e b. Use of Minimum Rear Yard: Said minimum rear yards sha landscaped in compliance with Section IV., below, provided, ' however, such minimum rear yards may include: entries, porches, sidewalks, decks, courtyards and patios as depicted on the Plans. ' 6. Parkin :Each patio home unit shall be constructed with the following: a. An attached two-car garage. d ' " ) an a - 0 b. A driveway, with a minimum length of twenty feet (20 minimum width of sixteen feet (l6' - 0"). l ow. 7. Landscapinu: See Section N., be ~J INIMAN2 787800v7 ' 8. Lim^htinQ: Lighting within the Monon PUD shall comply with the following regulations: ' a. Site lighting shall consist ofdusk-to-dawn coach lamps mounted on each side of the garage of each individual patio home. b. The dusk-to-dawn coach lamps utilized for site lighting shall be manufactured or shielded in a manner to prevent up lighting. c. Light levels shall not exceed one-tenth (0.1) maintained foot- candle at all property lines of the Monon PUD. ' 9. Suns: Signs for the Monon PUD shall be in compliance with Section 25.7 of the Carmel /Clay Zoning Ordinance. Permanent signage for the overall ' Monon PUD shall be in compliance with Section 25.7.02-1 of the Carmel / Clay Zoning Ordinance. ' IV. Landscaping Landscaping within the Monon PUD shall comply with the following requirements. ' A. Depth of Planting Strips: Planting strips shall be provided as specified in this Section. Such planting strip requirements shall not be cumulative in nature. ' Wherever more than one (1) planting strip is applicable: the planting strip that requires the greater depth of yard shall apply as to the depth of planting strip; and, the planting strip that requires the greater base planting unit shall apply as to the ' base planting unit. 1. Front Yard Planting Strip Contiguous to 116`h Street: Minimum width shall be fifteen feet (] 5' - 0") (co-existent with the required front yard), shall be provided. ' 2. Side Yard Planting Strip: Minimum width ten feet (10' - 0"). 3. Rear Yard Planting Strip: Minimum width twenty feet (20' - 0"). ' B. Improvements in Planting Strips: The planting strip shall be unoccupied except for plant material, berms, driveway and pathway crossings, signs, and other similar structures. 1 INIMAN2787800v1 I_ I n ~, LJ i 1 1 1 C C. D. INIMAN2 787800v1 Base Planting Unit for Planting Strips: The base planting unit for planting strips shall be as follows: Front, Rear and East Side Yard Planting Strips: as depicted in the 116"' at the Monon Landscape Plan prepared by Hemp Design and last revised on October 6, 2003, which has been filed with the City of Carmel - Department of Community Services, a copy of which is attached hereto as Exhibit C. 2. West Side Yard Along the Monon Trail and the Yards abutting the Overman Property (1207 E. 116`h Street) Planting Strips: Hearthview Residential, or its designee will maintain natural vegetation as an, on average twelve foot (12') barrier. In general, there will be a continuous bamer of trees, brambles, undergrowth, raspberry-type shrubs and/or other similar thick vegetation running the entire length of the planting strip. In areas where no such vegetation exists, Hearthview Residential will consult with the City of Carmel and plant appropriate vegetation. Installation and Maintenance: All planting strips and planting areas shall comply with the following requirements: Minimum Size at Time ofPlanting: All plant material shall meet the American Standards for Nursery Stock (ANSI Z 60.1-1996). a. Shade Trees: 2 % inch caliper, a minimum height of ten (10) to twelve (12) feet, and a branching height of not less than 1/2 nor more than 2/3 of tree height. b. Ornamental trees: 1 '/z inch caliper, a minimum height of five (5) feet, and a branching height of not less than 1/2 nor more than 2/3 of tree height. c. Evergreen trees: A minimum height of eight (8) feet. d. Deciduous shrubs: A minimum height oftwenty-four (24) inches and no less than six (6) main branches upon planting. e. Evergreen shrubs: A minimum height and spread oftwenty-four (24)inches. 2. Minimum Dimensions: The minimum dimension, in any direction of a planting area or planting median shall be based upon the plant selection, as ' follows: a. Shade Trees: 9 feet wide ' b. Ornamental Trees: 7 feet wide c. Shrubs (only): 5 feet wide 3. Plant Species Selection: Landscaping materials selected shall be appropriate to local growing and climate conditions and shall be subject to the approval of the Department of Community Services Urban Forester. 4. Installation: All required landscaping shall be installed prior to the ' issuance of a final Certificate of Occupancy by the Department of Community Services. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a ' bond for an amount equal to the total cost of the required landscaping not yet installed, prior to the issuance of the Final Certificate of Occupancy. 5. Maintenance: It shall be the responsibility of the owners and their agents to insure maintenance of project landscaping approved in accordance with these requirements. Project landscaping includes, but is not limited to, ' imgation 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. 6. Changes After Approval: Minor alterations in landscaping maybe ' approved by the Director in order to conform to specific site conditions. 7. Inspection: The Director shall have the authority to visit the Monon PUD to inspect the landscaping and check it against requirements of the Monon ' PUD. V. Traffic /Roadway Improvements. A. 17 6`h Street Access: The Monon PUD will be provided a single access point onto 1 ] 6`h Street as reflected on the Plans. B. Internal Street and Interior Access Driveways: All internal street and interior ' access driveways will remain private streets and will not be dedicated to the City of Carmel. ' MIMAN2 787800v1 ' VL Definitions. 1 1 1 1 1 1 A. General Rules of Construction: The following general rules of construction and definitions shall apply to the regulations of this Monon PUD: 1. The singular number includes the plural and the plural the singular, unless Che context clearly indicates otherwise. 2. Words used in the present tense include the past and future tenses, and the future the present. 3. The word "shall" is a mandatory requirement. 4. The word "may" is a permissive requirement. 5. The word "should" is a preferred requirement. B. Definitions: 1. Accessory Structure: A structure subordinate to the building or use located on the real estate and which is not used for permanent human occupancy. 2. Accessory Use' A use which is subordinate to the main use, located on the real estate or in the same building as the main use, and incidental to the main use. 3. Commission: The Carntel /Clay Township Plan Commission, which is the advisory plan commission established pursuant to iC 36-7-4, et. seq., for the City of Carmel and Clay Township, in Hamilton County, Indiana. 4. Director: The Director of the Department of Community Services for the City of Carmel, Indiana or the Director's authorized representatives. 5. Foot Candle: A unit of illumination. One (1) foot candle is equivalent to the illumination at all points which are one (1) foot distant from a uniform source of one (1) candle power. 6. .Story: That part of a building, with an open height of no less than seventy-eight inches (78"), except a mezzanine, included between the upper surface of one floor and the lower surface of the next floor, or if there is no floor above, then the ceiling next above. Abasement or any floor located entirely or partially below grade level shall not constitute a story. INIMAN27A7800v1 1 1 Exhibit A Monon Patio Homes PUD Legal Description Beginning at the Northwest corner of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, in Hamilton County, Indiana, thence East on and along the North line of the Northeast Quarter Section, a distance of 33 feet to the East right-of--way line of the Monon Railroad as it is now located and is the point of beginning; Thence continuing Eastward on and along said North line a distance of 330 feet to a point; thence South parallel to the West line of said Northeast Quarter Section a distance of 660 feet to a point, said point being 6 %: feet North of the fence comer as it is now located; thence West and parallel with the North line of said Quarter Section a distance of 37.125 feet to a point, said point being a distance of 6 % feet North of a fence corner as it is now located; thence South and parallel to the West line of said Quarter Section a distance of 330 feet to a point, said point being marked by a fence post; thence West and parallel to the North line of said Quarter Section a distance of 292.87 feet; thence North 990.10 feet to a point, said point being the point of beginning, all of said land is located in the Northeast Quarter of Section 1, Township 17 North, Range 3 East in Clay Township of Hamilton County, Indiana. Except ' Part of the Northeast Quarter (NE ''/4) of Section 1, Township 17 North, Range 3 East, being more particularly described as follows: ' Beginning at a point in the North line of said Northeast Quarter Section, distance East 33 feet of the Northwest corner thereof (the same being the East right-of--way line of the Monon Railroad); thence East in and along said North line 157 feet; thence South 234 feet; thence West 159 feet to a point in said East right-of--way line of the Monon Railroad; thence North in and along said East right-of--way line of the Monon Railroad 234 feet to the place of beginning. 1 1 t IN IMAN27fi7800v1 116tH & Moron Trail Courtyard Homes at Sycamore Springs: Illustrative Elevations 2 -Type-N Homes ~ ~ K R~ E m ..: W ~'~ ~~ ~~ Side elevation PLAN 4 ~O° ~~ ~~ v~ ipL Q .~, C~ li'"`~`` ~'S ~ ~a ~ ~~ ~~ ~,~, October 8, 2003 b ~Rr~ES? ENTx I 116th & Monon Trail Courtyard Homes at sycamore Springs: Illustrative Elevations 2 -'type-N Homes rn x s ~: W Street front elevation October 8, 2003 ~ ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~^ ~ ~ ~ ^~ i ~ ~ ~ ~ ~~ ~, ~~ R~E~SIDENT m x ..: W -- =~.= Monon & Perimeter (Rear) Elevation (Porch entry is on the Monon Elevation Only) -- was --='2 October 8, 2003 116tH &Monon Trail. CoLi1-~yard Moines at Sycamore Springs: Illustrative Elevations 2 - TvUe-N Homes 1 b`F I CAUTION !! ' E hibit B ~ s x LEGEND KEYNOTES v~alm~'ax~ilrt vuvlivc'~eisioi a~ cAauxo ~ 1 I ~ [xrsmw Bunuxc ~ , 1 awlw.r PgVfllp/r. Pm p[rox I C9.1. ~9rPoE ,x t~ ~, xo. WRFP ro 61E= x¢rs. ass p wars w~ urm rlrt ciouNO M u+ OMR51 .1M0 44E SYCW IN[ M NINRC MRC Wx T L ~' } ASPIULI PaYEy[NI IN RMAR- GF-WIY. FER pfTM J/41. NCO BE OMER USPW' LmMWW WM MIRi£5 !DR I e ~ PRCPoSEO BIMANC I Q RJLL &CN CNRB (X£TJ. PW OEIAY I/CP.I. inuCH mfSE 6 ep ,'az,[ ewuw Erw[r['[ OF Rw w.uCx ro .w'olE clwro nw[xC[ w15 OR6[R.ip Ix[ ~' ~ O ~ ' Pth£ MLL BE REWIRCO UNIIL II6M SIRFR ~ ASRMLI WH4EM 6COYgfi[ fuCl tOGlpxS or [xKMG um'rFRauw ulgm(S YWL CE ttMiIN 6Y NNIRaCIOR GRIgp yMry 1X041 CONSVL rIN~ ENGINEERS CQgT ` ~ SQ LOMXEtE SICEWµX 1p BE pl5lalfD B! 0.WDfF PW OEIA'L 5/C91 NNSIRUCIION I C `4<'e ~, ~ . . ~ asPluir Pamlmr wmtn' a/w © rsawm e w ay ro eE xncx r i H l l d > i ,m ~ G ry ~ m r/ nmxueu ovcvrt2». r~iEFJ 5 NwTJXIwIEtY IT IN XflWn (eqi UKKIwING 1800 382 $544 .ntmrv IxGUw sr on , nmeon Flak, Ine. ~ CONCMIE PaKM[NI ^j IXIST1.9 NIM iENf.Y l0 F£MVN 1-8~-428-$200 86)5 PUROUE Rpdp '. > cm . `/ ! sma ~B 6' eprx PLL' corm mar. PER v6raL ~/6s r cuts atrnce Po w6ux, Ind anapo6s. IN 16368 ' I _ ~ Q SIW SI6N. FfR ORA4 9/C91. Fe,~ iii-iii-issi 0 sroml Iran wxNwc 10 IB'el' NIIII[ M[RWgµ'IF SrW gY4 nE aoe No. zooo-130 y wx m srpRU IrnEr 11 mNO2ErE pRnE ro ~ varuLm Br slnluR, nwx I t rzexo.6~ Mv6R) l 95 ® ytpr,Nry yyglyE IT I' Nil[ 5ry/p, PAWM1D X1OIE I1HE 1 I 2. . ~ a IJ 11Wp 8]t1µ95' - FUCEp EYET' 1' FER OA.VL 6 C9.1 ,I • NK MACWI / ® Ei Q ~ 11 RILL 81CN L1A9 (PP /f. PW OETM 3/L51. i vmflPo // IS W M pIRFRµ STM~'CNRE~r) MM 6' UNCfR6PNN - pPAM fi ~~ " = ~ I le ExLSnNC rt>xE m RLwa' GENERAL NOTES IP cWl¢cnN: wan ro wirlox man. c•Ntnea ev: _ Id p' N M' Rmq, yp GVNLE I I. W Iqr STAYE BIAYAWS fRJN n1EtE FLWS 19 fkSIIAC W UX N J ~ ~ , IFS AttNaFLnIRV. PIA4S L~'N p 1yy~ ® ro et pESwwm rn smLrrLceu 6M4M'EFA. Il ~ VAW6 s aL wuvcxws Irwnlam ro Eµ,E rc •. twig wets rllltm oiNervrt¢ TI ~c ~ ~ ~ C~ '~ ~ ~ v ro k o\ ~ r RrY IENC rwi EVC aaeex PBa Len ] Nl PAMI NJi MQNSIMTp Ip BE 5'-B~ ~ ' ^ ~ N Fltf OF CL'R9 ~ I SQ SIRYFY f0.4 PFORF(Y IIMS ANJ OMEII IXISIIIM GONPtIWIS I I ~ ~ c ~ N c m I F - I a=PRpxalnre LOGMW v K NNRE M1T"M-Cf-WY O ~ j ~ ~ a ( /~ p' o m I ,,, / ,/ ' t .i ~ m I _ IXbNti IRF6 JIB _ f ~~ I _ [ i~ _ )~u , 1 -~ ~~ C~ ~ ~ ~~ J ._ .. _e I~, t Y T 111 ~ IT I'. )' ) 8 _ / J. _r I I I _- ~ I YY` yl I f _ _ ~._ ~~i ~'° '' ~ r -~ ~ H^ I I I I ~- - _ ' P _~ [ ~ ~ ,L. I _' ` ~v ~ ~`.`~ rrrov[Rrr aaw 11 ~ Z -~ ° ,r k15Z9 ~ I l~ I I ~ ~ ° ~ ~ I _ P p ~ 3 _ I ~, _ l I l .~ .... ~~ ~ I /{ 1. ~~ _ I t .... t... _ f ~ L .~ I l' ~ ~ _ I y J N ~ 1 I ~~ l Y r ® m ~. W ® 0 u I ~ - _. 1p' 8A J -u o Z _I 1 I ~ ~. -• ® Y.c~he'£ t3 a / IS b (P Ss• ° SxP :, k l ~l ~ B IB IS C'.>3 Q t F 4 4 Y r6 I ~: I ~ ~ `~~~~~~ , _" t t ffi I`^ £ cb ' E b~ S ~y S ~' ) ° .' 2 ~ I H' FFPLSfD pEiENMN PoNB 1 S ~ ~~ S I ( l . M~ 3 C° S,. >5 ~ r ~ ~ubS~ rf ` 3 ~ 1 "' 3 ~ S w?~ o o Q ~ ~ o ~ ' P i~ ! f ~ 1 I x 5 - _ r '- ill ~ ~ E~ .N 6 ~ I ~ ~ . ,~ 2 , p tl£ Yg ££ O f' y w P jj 3b°' b T P ~~ ; 4 " " IA , b.l££E ~_ ~I •;'~ ~ . ~a o ~ o 2 ~ I `.. w - ' 1` IJ ~. 1 6.°ti : T4 I ~ . $ b Y(. >: aQ £5 b £ :i° tt ,~b t< b. P' R S ° ' ~ D 3T~ S ' ' ~ 1 31 p d I ~ ® ~ ~ K1B• _ ~ s e~ : . J)s £ar _ ~ L.I g~_ 6 ~~ BSL '. J ~ m ~ 5 - + J 1 1 ~ f 1 3 I 5 ~ v' `~ ~ Yx I ~ `~ ~ 8 = A y O h G R1 \ 1 IJ df' 11 ... ... ® n ~ ' M 0.N ~° H ~~ ' ® 5 ' ~ - I 'aF~l~I 4Y ~ ~ f ; r 6 1 ~ ~ x . { _ 2 NxW r B 6 5 ~ _ \Q : k e YP ~d 6: , .... J Ps ~ 1 Y~ O I - wi W Q W ~ w a x ~ J ~ O 1] ~ ti J t 5 I ~ JF \ LY ~ £ C C Y y PS!°``k { !~ S $C ` 1 ~ V 5 I YJ.O' 5 fY l I L 5 l C ~ {~ r { t 5 S "(t ~ t ' '$ L 1 F 16 Ci Q ~ 5 ~. N k S 4 1 I g ~ Tx Y J 3 (3 ~ ~ I ~~ ^~ ~ b ' C E x ~ ° ~ ~ . £ ~f ' S 8 5 Y ~ ~ ' y+ I PF .> rP n C £. k £ °b~ r ' 'f ~)°' ' y'3 ~ ~e ' ° S~'t. ^ ` h tl 3 i < £ Cs ~ 6 b P I _. l." > A Y'SSC Sbi b~ ~° EI fP 3>~. C~4~`P 2. i2 Ay~ !! ~ _ ~ S ' • <. co. iS : $ « b , _ 1 . h 6i a P2 b. ' ~ 1 ~ C "' q,~ "A. o< `F~('' 6'3'3. °ulb G S ~ t s U, ~ ,9 z`~; °,.,~ 1 a 3 4 ~~ 86 S~3b o°~ 932 P 1S Y~ ~' ~ " 14' F ° ~ .u e € I . S c S I P > Tn AR ~ , P T ~ E x£ . ° w< < .c8 S z . b \' 3 ° ~ Src< dE I $ P. G"'IS £ £ 8r) o C 3 S~G ' E t ` §a~ §SC P ' F _ ~ o o., , , E k .; '6~.' y ~ P P ; 3 m ~ U w 3 .$ 2i C [o 3 3 ~lA b9 El o Z i I p Ctl b :f 5 bS h G 8 3 ; ( ~ z 1 ~ p ~ R y ~b . 3 yy r ~° ` 1 P` C ~L y% 15 S°F bW }8 3 ~ ~ '-`-~ d <P V i> IS5 ! P 9 £ Y a rN C I d Q ~ e m m 6 ~ ~}j~' WW y M TI 5 ~>j"3i3,A 3`£0~ ~ ~ ~ <J t r `. V i 7 ~ a u I h Ti'y 9i ~ W n Title: ' ' _ O iO~BSL ~.n _ _ _..._ _ I - b ~ _ _ _ _ ._ $ 4 _ _ _ - ~ 0_ ~ .mu a [ l P ~ 0 XI 651 I ~e ~- 3 o ~ 3 TJ 95l ario - - ° ,~ _ - LAYOUT .~.-,-,_..-. 16 `-`-_.-.-,~. -. Is -' 'IS _-.-,-.-, .- x~~~>.~, PLAN - - - sx„ Is 31 in u, uwn rte. - - ~ _ _ _ _ ! Sbael No.: ,1 LAYOUT PLAN <p o ap ep Iza - scut a p ~~ I m xoRm . 1 ~~ 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 Exhibit C O O • a ' i 1 • O • y, • ~_9 1 o /, \i n d ~ CC I • I ~ • • • • • • ~J 1 • \ I CA tD r 3 y l ' 1 `~~~\` n~~~4 ! ~ \\ a MZ , ` ~ • / V • / AB A \ D i ~ ~ 2 on rea etent ~, . ~~~ ~. o MF ~`~ \ • ~ 1 Ezistin9 Tres to ~-~ R i ~ \ % / ema n (Dashetl) ~~ u ~ iz • • --_/ - 00 • _ 1 ?. 3_ 3_ ? o .~~ /~. Y~~ --1 I AC ~HV ~F gfiER PIANiN qn0 4ANINL REF Tree Planting Detail No Scale J 1: ACK RVBBEP HQSE 0a fPUNI( y ii BPANCH GALV. CUY WIPE REUDED HARUWOOU FIULCX TEC IENCE rv0'if i<' we saL Buffer Plantings Southern Property Line Detail Scale: 1" = 10' I I ~------ Monon Trail West Sitle Yartl antl Overman Property Planting Strip (Sea Note Below) 3 '~_ • Property Lina Landscape Benn (See Detail Below) 'West Planting Strip Note: 1 1 L Mearthview Residential or ifs designee will maintain natural vegetation 1 1 U~~ at the Mono n as an, on average, 12' barrier. In general, there will be a continuous barrier of trees, bromblea, untlergrowth, rasberry-type shrubs andlor other similar thick vegetation running the entire length of the plan[Ing strip. In areas where no such vegetatien exists, Hearthview Residential will consult with the Clty of Carmel and plant appropriate vegetation. - Landscape Plan Plant Material Schedule May 2, 2003 I I June 2,2003 - ~L'p ' HxPDW000 SIAKGs I/ / (FEE w H yl2 GnLv - ~ wwe e I J: BOSE LvoP P: o'E a c Av1 UrvD s FDDw N MEP : c D oo m, - rnn c cn,q E JccR-~ , Isr cP of 5 _ %. nM3 , P.,M'IVE VP'ER ~ E Up1EL S01L /] OF W~V- k I IXI PE~1. SUBGP9DE~ rvOtE: IwBDwoov sr.xN= slx_L vE DF~,EN A cG 3a' INTO TIE GP OOxO Conifer Planting Detail No Scale NEV BOTANICAL NAME COMMON NAME GUAN. BIZE NOTES AC AIEB CONCOLD NCOLOR FIP ] B' i FULL. INGLEL DEP, M4TCHING A9 ACERSAC XARUM GREEN GREEN MOVNigIN SUWR 13 2'888 NEgDEDi',CENTRAL MouNTAlx' MAPLE t LEADeR CA CORNV AL I LIP PAGODA DO NO O ) 1~1?e8B L BRA CHING. FULL MATCHING SPECIMENB CC LERCIS CANADENBIS ST RN PEDBUD 13 6' B 10R3 iEM WMP FORM ONLY GP FRAXINU P NN YLVANICA UPBANI E ASX 5 Y'B8B ~ X OEp a', CENLPAL 'URBANITE' I LEADED MF MALUS FLORIBUNDA ( JAPANESE FLOWERINGL B 1-tl'B8B i HEADE03', MAT NIN MR MALV REGJ L' REn JEVJELC A 1-t13'R8 i~ X DEn 3', MATCHING M2 MA VSx UMI' AL CARPA' NMI LAL APPA CRAB B 1-12 B8B ii NEAOE 3', MAi MING P4 PC A NORWA 5 UCE N 8'888 FULL SINGLE LEA R, M4TCHING PG PI EA PVNGENS GLAUCA' COL AD BLUE SPRUC B B'B8a FULL, 81N LE LEA MATCHING DR UER US PUBR RED OAK B 2'088 HEAOEO C',C N]PAL LEADED August 25, 2003 October 6, 2003 © Prepared For: ~jEhRTfNIE~I RESIDENTIAL North Prepared By: HempDesign Scale in Feet: 0 30 60 120 3 ' Section 3. Violations of Ordinance: All violations of this Ordinance shall be subject to Section 34.0 of the Carmel Clay Zoning Ordinance. PASSED by the Common Council of the City of Carmel, Indiana, this day of ' , 2003, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL ' Presiding Officer Kevin Kirby Luci_Snyder,~resident Pm Tempore _Jolm R._Ko_v_en ' Robert Battreall N. L. Rundle Ronald E. Carter Wayne Wilson ATTEST: ' Diana L. Cordray, IAMC, Clerk-Treasurer 1 INIMAN2787800v1 1 1 Ordinance No. Z-420-03 Presented by me to the Mayor of the City of Carmel, Indiana this day of 2003, at _.M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-420-03 Approved by me, Mayor of the City of Carmel, Indiana, this day of 2003, at _.M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: Joseph M. Scimia ~~~ Baker & Daniels 600 E. 96"' Street, Suite 600 Indianapolis, Indiana 46240 (317) 569-4680 Direct Dia] (317) 569-4800 Fax INIMAN2 787800v1 ' Ordinance No. Z-420-03 Exhibit A LEGAL DESCRIPTION ' Monon Patio Homes PUD Beginning at the Northwest corner of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, in Hamilton County, Indiana, Chence East on and along the North line of the Northeast Quarter Section, a distance of 33 feet to the East right-of--way line of the Monon Railroad as it is now located and is the point of beginning; ' Thence continuing Eastward on and along said North line a distance of 330 feet to a point; Chence South parallel to the West line of said Northeast Quarter Section a distance of 660 feet to ' a point, said point being 6 % feet North of the fence corner as it is now located; thence West and parallel with the North line of said Quarter Section a distance of 37.125 feet to a point, said point being a distance of 6 'h feet North of a fence corner as it is now located; thence South and ' parallel to the West line of said Quarter Section a distance of 330 feet to a point, said point being marked by a fence post; thence West and parallel to the North line of said Quarter Section a distance of 292.87 feet; thence North 990.10 feet to a point, said point being the point of beginning, all of said land is located in the Northeast Quarter of Section l ,Township 17 North, Range 3 East in Clay Township of Hamilton County, Indiana. Except ' Part of the Northeast Quarter (NE Ya) of Section l ,Township 17 North, Range 3 East, being more particularly described as follows: ' Beginning at a point in the North line of said Northeast Quarter Section, distance East 33 feet of the Northwest corner thereof (the same being the Eastright-of--way line of the Monon Railroad); thence East in and along said North line 157 feet; thence South 234 feet; thence West 159 feet to ' a point in said East right-of--way line of the Monon Railroad; thence North in and along said East right-of-way line of the Monon Railroad 234 feet to the place of beginning. 1 INIMAN2 787800v1 ' COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE ' In accordance with and pursuant to I.C. 36-7-4-1512, Brookview Properties, LLC, makes the following commitments to the City of Carmel Common Council concerning the use and development of the real estate described on Exhibit A attached hereto and incorporated ' herein by this reference (the "Real Estate"). Statement of COMMITMENTS: ' 1. Upon obtaining all required permits and approvals, the developer shall connect the Monon Patio Homes development to the Monon Trail. ' 2. A sidewalk will be provided along the private interior street of the Monon Patio Homes development and connect the residential units within the development to any sidewalk located on the south side of 116th Street. ' 3. In the event that Brookview Properties, LLC or any other entity controlled by the members of Brookview Properties, LLC becomes the owner of the approximately 7.65 ± acres of land located ' immediately east and adjacent to the Real Estate, then such owner shall submit a proposed development plan to the Donnybrook Homeowners Association for their review prior to filing any application or petition for the rezoning or development of such adjacent real estate. ' 4. In the event of any conflict or inconsistency between the terms and conditions of these Commitments and the terms and conditions of the Monon Town Homes Planned Unit Development District Ordinance (Ordinance No. Z--_), the terms and conditions of such Ordinance shall ' revail and be given controlling effect. ~J hese Commitments shall be binding on the owner, subsequent owners of the Real Estate and - other persons acquiring any interest therein. These Commitments may be modified or terminated .~~ by the governmental authority authorized to modify these types of Commitments under applicable law. ' The undersigned agrees to record these Commitments in the Office of the Recorder of Hamilton © County, Indiana, and these Commitments shall be effective upon the adoption of Rezoning Petition No. Z--_ and shall continue in effect for as long as the Real Estate remains zoned to the Monon Town Homes Planned Unit Development District. ~Q(~'hese Commitments may be enforced by the City of Carmel/Clay Township Plan Commission ' ~ and/or the City of Carmel Common Council. Executed this day of , 2003. gt~~. BROOKVIEW PROPERTIES, LLC 0-'rte" By' fl ' INIMAN2779783v2 STATE OF INDIANA SS: ' COUNTY OF MARION ) Before me, a Notary Public in and for said County and State, personally appeared ' the of Brookview Properties, LLC, who acknowledged the execution of the foregoing instrument in such capacity. ' Witness my hand and Notarial Seal this day of , 2003. Signature Printed County of Residence _ My Commission expires This instrument was prepared by Joseph M. Scimia, Baker & Daniels, 600 East. 961h Street., Suite 600, Indianapolis, IN 46240. u t ' INIMAN2779783v2 1 1 LJ I Exhibit A Monon Patio Homes PUD Legal Description Beginning at the Northwest corner of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, in Hamilton County, Indiana, thence Easton and along the North line of the Northeast Quarter Section, a distance of 33 feet to the East right-of-way line of the Monon Railroad as it is now located and is the point of beginning; Thence continuing Eastward on and along said North line a distance of 330 feet to a point; thence South parallel to the West line of said Northeast Quarter Section a distance of 660 feet to a point, said point being 6 Yz feet North of the fence corner as it is now located; thence West and parallel with the North line of said Quarter Section a distance of 37.125 feet to a point, said point being a distance of 6 Yz feet North of a fence corner as it is now located; thence South and parallel to the West line of said Quarter Section a distance of 330 feet to a point, said point being marked by a fence post; thence West and parallel to the North line of said Quarter Section a distance of 292.87 feet; thence North 990.10 feet to a point, said point being the point of beginning, all of said land is located in the Northeast Quarter of Section 1, Township 17 North, Range 3 East in Clay Township of Hamilton County, Indiana. Except Part of the Northeast Quarter (NE'/4) of Section 1, Township 17 North, Range 3 East, being more particularly described as follows: Beginning at a point in the North line of said Northeast Quarter Section, distance East 33 feet of the Northwest corner thereof (the same being the East right-of-way line of the Monon Railroad); thence East in and along said North line 157 feet; thence South 234 feet; thence West 159 feet to a point in said East right-of-way line of the Monon Railroad; thence North in and along said East right-of-way line of the Monon Railroad 234 feet to the place of beginning. INIMAN2 779783v2 1 u Cl ~ ~ . ~ ~ ~ ~ ,. Permitted Density • With the same amount of open • 21 units total space as provided in the current • Density: 3.297 units/acre plan, a density of 3.23 units/acre would be permitted on this site. • 20 total units would be permitted b ri ht Materials/Aesthetics • No architectural standards apply • All brick exteriors except gables • Architectural elevations will be committed to as part of the rezone rocess Minimum Unit Size . No minimum square footage • Proposed size of each home: 1,800 s uare feet minimum Pedestrian Connectivity to • None required • Proposed homes will have porches the Monon Trail that face the Monon Trail • A pathway connection from the development to the Monon is rovided. Minimum Price . No requirements for a minimum • Proposed price point: price point or unit size $275,000 to $325,000 • The proposed units are currently being built and sold within Sycamore Springs at the same price points. • In Sycamore Springs, these units are adjacent to $1,000,000+ homes and have not shown any evidence of decreasin those ro ert values. Traffic • 20 homes impacting the • 21 homes impacting the roadways roadways Rental v. Owner occupied • No requirements for the • Commitments are provided development to be for sale rather specifying that all units will be for than for rent sale only Landscaping • Only minimal perimeter • The landscaping plan includes a buffering is required landscaped berm along the southern property line • The plan provides for extensive buffering around the entire site • The plan requires the preservation of and additions to the solid vegetative buffer along the Monon Trail • The plan provides for the preservation of the mature tree stand on the northern onion of the site Monon Patio Homes Docket No. 77-03 Z ' Changes Made to Address Community Concerns: CJ 1 Density • 29 units total • 21 units total • Density: 4.553 units/acre • Density: 3.297 units/acre • 4 units er structure • 2 units er structure Materials/Aesthetics • Brick with lap siding • All brick exteriors except gables • 4 garages per structure • 2 Garages per structure. • Each garage approximately 20 • Each garage within 2-4 feet of feet forward of the front building the front building fapade fa ade Square Footage • Proposed size of units: • Proposed size of units: 1,400 s uare feet minimum 1,800 s care feet minimum Pedestrian Connectivity to .None provided • Proposed homes will have the Monon Trail .Improvements to 116"' Street porches that face the Monon Trail will provide a pedestrian access • A pathway connection from the from the subject property to the development to the Monon is Monon and adjacent commercial contemplated. areas Effect on adjacent • Proposed price point: • Proposed price point: property values $200,000 to $250,000 $275,000 to $325,000 • Average Property Values • The proposed units are currently (from market research): being built and sold within 1. Guilford Park: Sycamore Springs at the same $150,000 to $250,000 price points. 2. Donnybrook Woods: • In Sycamore Springs, these units $175,000 to $290,000 are adjacent to $1,000,000+ 3. Fairgreen Trace: homes and have not shown any from $170,000 evidence of decreasing those ro ert values. Traffic • 116`s Street is classified as a • The decrease in units will create Primary Parkway in the even less traffic on 116°i Street. Thoroughfare Plan. 21-28 additional residences will no[ cause a traffic strain on this major thorou hfare. Units will be for rent • All units will be for sale • All units will be for sale. rather than for sale INiMAN2779451v1 ~ Monon Patio Homes ' Docket 77-03 Z Existing Landscaping Along the Monon Approximately half of the property east of the project site is located within Floodplain AE, making it unlikely to be developed. Floodplain Zone AE is defined as an area of special flood hazard with water surface elevations determined. Donnybrook Homeowner's Association, Inc. ' Post Ofiice Box #13462 Carmel, IN 46082 To: Carmel/Clay Plan Commission ' From: Bill Frey, President Date: October 20, 2003 ' We have been asked to confirm our verbal statements made during the ' recent Subdivision Committee meeting. Our Home Owners Association voted to accept the modified plan (20 units - ' 10 buildings) after discussions with the neighbors mostly affected by the proposed development, and with the promises by Hearthview that they would ' sel! to owner-occupants only (no rentals) and would not expand to the contiguous property to the east, without first consulting with the Donnybrook Home Owners Association. ' Other considerations provided by Hearthview were adequate berming, and ' planting on the south boundary, and access for their residents to the Monon from the northwest quadrant of their development. ' Our association also took into account that we obviously would prefer the status quo, but realizing we were dealing with a very, very motivated seller, ' and an equally motivated buyer, who made ma}or changes to their original plans, to accommodate a lot of our concerns hence, we took a conciliatory approach to their request and endorsed the rezoning and future development. Please contact me at 502-6725 if any additional information is necessary. cc: Hearthview Residential 1218 Donnybrook Drive Cannel, IN 46032 (317)-566-1867 October 21, 2003 C 1 1 1 Carmel Plan Commission Attn: Jon Dobosiewicz Carmel Dept. of Community Services Fax #: 571-2426 Dear Members of the Plan Commission: I am Ryan Mullens of 1218 Donnybrook Dr, in Donnybrook Woods. The entire north end of my property abuts the southern property line of the proposed PUD. (Doc No. 77- 032) My family and I were against this proposal with the first presentation from Hearthview. Since the original presentation, Hearthview has made a tremendous effort to work with us on our concerns. They revised their proposal to patio homes and reduced the number of units from twenty eight to twenty, with a brick exterior and a proposed selling price of $275,000 to $325,000. I feel this is a better fit with the surrounding community. Hearthview has also repositioned the units closest to our property line and added a landscaped berm. The berm will allow my house some privacy, while the repositioned units will keep a little bit of an open feeling. With these and the other changes Hearthview has proposed, my family and I are in full support of the proposed re-zoning of 1211E 116`h street. I hope the Plan Commission will see fit to recommend the approval of the PUD. (Doc No. 77-032) Sincerely, Ryan H. Mullens