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HomeMy WebLinkAboutApplicationPage i of 2 Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, October 21, 2008 2:27 PM To: Stewart, Lisa M;'BrentA. White'; 'Michael L: DeBoy' Cc: Coy, Sue E; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona 8; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; Holmes, Christine B; 'jmolitor@prodigy.net'; Boone, Rachel M.; Tingley, Connie S; Duncan, Gary R; Redden, Nick; Barnes, David R Subject: Docket No. Assignment: (PP/SW) Lakeland Subdivision (#08100012 PP & 08100013 SW) Attachments: RESIDENTIAL ARCHITECTURE DESIGN STANDARDS VER 2.pdf I have issued the Docket Numbers for (PP/SW) Lakeland Subdivision. They are the following: Docket No. 08100012 PP: Lakeland Subdivision The applicant seeks primary plat approval for 2 lots on 10 acres. The applicant also seeks the following waiver: Docket No. 08100013 SW SCO 6.05.01 lot with no road frontage The site is located at 12650 Clay Center Rd. and is zoned S1/Residence. Filed by Michael DeBoy of DeBoy Land Development Services for Christian Browning. PP A lication Fee: $ 860.00 $114.50 er lot x 2: $229.00 SW A lication Fee: $860.00 Total Fee: $1,949.00 Petitioner, please note the following: 1. This item will be on the November 19 agenda of the Technical Advisory Committee (TAC). (A representative must be present.) The petitioner must submit plans and review materials to all TAC members directly by Oct. 17. (Failure to submit plans and review materials to TAC members by this time will result in the tabling of this petition to the Dec. TAC meeting, and subsequently the January 2009 Plan Commission meeting. For a list of current TAC members go to: http://www.ci.carmel.in.us/services/DOCS/TAC2008/TAC%20members°/ 20revised%2004.24.2008.pdf ) 2. Mailed and Published Public Notice needs to occur no later than Friday, November 21. Published notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is required; see application. 3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no later than NOON, Friday, December 5. 4. Proof of Notice will need to be received by this Department no later than Noon, Friday, December 12. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. This item will appear on the December 16 agenda of the Plan Commission (under "Public Hearings'). A representative must be present. 6. This item might also appear on the January 6, 2009 agenda of the Plan Commission Special Studies Committee. A representative must be present. Mr. DeBoy can be contacted at 770-1801. PETITIONER: refer to your instruction sheet for more detail. PETITIONER:-Please respond to_and/or complete the following pDCS Review comments: - Please provide a filled ouUnotarized affidavit or notice of public hearing (see application). - Please provide a filled out notice of public hearing form (see application). Provide the notarized Affidavit of the Public Notice Sign Placement. - Provide a copy of the list of adjacent property owners from the Hamilton County Auditor's office. Remember to include the Findings of Fact form in the Plan Commission information packets. Provide a filled out subdivider agreement form (see the Subdivision Control Ordinance, Chapter 9.06 for reference.) - Please provide written and/or photographic architectural commitments similar to the attached document; the Plan Commission will want to see these. - Please submit an Erosion Control Plan. - Show the path along Clay Center Rd extending all the way to your south property line. - Why is there a 25-ft wide ingress/egress easement along the north property line of lot 2? - Will there be any protective covenants or private restrictions? sue' Please show/label a 200-ff front building setback line from Clay Center Rd, in order to comply with SCO 6.03.19.4. . / Please show/label the proposed driveway locations. - Please provide copies of letters of transmittals and your correspondence to TAC members. 10/21 /2008 Page 2 of 2 - Additional comments maybe voiced at the TAC meeting. Thank you, AnCJIE COn11, Planning Administrator Dept, of Community Services -Planning & Zoning 1 Civic Square, 3rd Floor City of Carmel, IN 46032 p. 317-571-2417 f. 317-571-2426 aconn~carmel.in.gov Brent White .__ E~OY ~ E.L, S.LT. I LdNe DEVELOPMENT SERVKES INC 0-_- Oeafgners-SnNnssr~ Surveyors R~~7~ /w~W~eifi~Fooa~ baw@deboyland.com 501 S. 9th Street, Sulte 100 0lflce: (317) 770-1801 Noblesville, IN 46060 Toll Free: (888) 801-8555 www.tleboyland.com Fax: (317) 770-1821 10/21/2008 ~~ ?`P~I~ATION for Fee: DATE: The undersigned agr alteration of structure, or a \ application will comply with, a "Zoning Ordinance of Carmel, Public Law 178 Sec. 1, et seq amendatory thereto. Name of Applicant: ARY~PL (OR REPEAT) $1~ w er to x($285.00 plus $114.50 per l(ot) nr; ' :''8C8. _ DOCKET NO. ~~ IvO~I~ hat any nstr ,reconstruction, enlargement, relocation or e in t f land or structures requested by this ~ I applicable laws of the State of Indiana, and the Indiana - 1980", adopted under the authority of Acts of 1979, General Assembly of the State of Indiana, and all Acts Fax No. 31~- 7~3 ~~~{ 16 Email: Phone No. ~ ~ 7 - 7~ 6 " 7g7 ~f Sf.,n L Address of Applicant: blb6 U. Q~{t\ S+r,az~ SH;{Q X75 ~,nG~t4r1SPo~is y6~78 Name of Owner: Name of Subdivision: Phone No. ~~T~~~, -7q7 Legal Description: (To be typewritten on separate sheet and attached) Area (in acres): l~•D ~'Tlumber f Lots: J~ Length (in miles) of new streets to be dedicated to public use: 11 ~~jj Surveyor certifying plat: M2'G,t-A,EL JJE.L>ov Address: ,S^O/ ,J 9~~. S.1TL /~~ Phone No. 317- 7'70 - Jgo/ STATE OF INDIANA, COUNTY OF ~~!?.~GTo,aJ , ss: The undersigned having been I orn, upon oath says that the above infor mation is true and correct as he or she is infor ed believes. ~~•~~`~~d~4N1'r~~ ~,,~,~ SIGNATURE OF APPLICA - Priht: / ~ ~\ d ~~ ~/e~~6'% ~d O 2O 0 ~ "~- ` f G J~o lrq^d , c.w . . Subscribed and sworn to before me is y o . ~~ _ r 3 .Y •• o P bli . ~ ~' of oostP°~~-~ d~8 y ~~` u c `/~ _// otary i,~ "W `\\\~ My Commission Expires: ~ ' 5.1.10 Application for Primary Plat. Two (2) copies, or more if necessary, of the primary plat and of the construction. plans together with supporting documents shall be submitted to the Director of Current Planning with this application. These clans to be distributed to all Technical Advisory Committee augthorities b a licant. FEE: 1. ~ Received by: "1" ~ O t p Filename: Primary Plat 2008.doc Revised 12120/2 lJ • SUBDIVISION WAIVER REQUEST APPLICATION 11 (Submit two (Z) copies) Docket No. O ~ I O DD l ~ S \/S~ Date Ri Contact Person: Brent White ~0~~~~~~ Telephone No.317 - 7 7 0 -16 O 1 FaxNo.317-770-1821 E-Mail: baw@deboyland.com Address:501 South 9th Street Suite 100, Noblesville, IN 46060 PRO]ECTNAME:Lakeland Subdivision - Primary Plat PR03ECTADDRESS: 12650 Clay Center Road, Carmel, IN APPLICANT NAME: Christian Browning Land Owner ADDRESS: 6100 West 96th Street, Suite 175, Indianapolis, IN 46278 TELEPHONE:317-716-7979 • Section (Section Number, Page, Item) of Subdivision Control Ordinance for which waiver is being requested: SCO 6.05.01 State explanation of why waiver is being requested: Subdivision creates two parcels. East Parcel takes entire road frontage along Clay Center Road. West Parcel does not connect to Clav Center Road. State reasons supporting waiver request: An Ingress/Egress easement has been granted from Claridge Farms. Present zoning: SS1 Signature of THIS APPLICATION MUST BE SUBMITTED AT THE TIME OFD PRIMARY PLAT APPLICATION. WAIVER REQUEST MUST BE INCLUDED WITH THE PUBLIC NOTICE FOR THE PRIMARY PLAT. ~ ~ O cro APPLICATIONFEE • -~-,-~. ., CITY OF' CARMEL 9.06 Subdivider Agreement Forms. '~~ ' ! ~' , r_ 9.06.01 The following agreement shall be included as a submittal with the final plat appro ~ plicatio AGREEMENT ~ The developer shall be responsible for any drainage problems, including standing water, flooding aril erosion control, which arise or become evident at any time during the 3 year maintenance period after the release of the subdivision bond, and which is attributable to a deficiency in subdivision drainage design or construction of drainage improvements. This shall include all pipes, structures, swales, ditches and ponds which are pertinent features to the proper drainage of the subdivision. This responsibility of the developer shall not, however, indude problems which are created subsequent to the completion of the subdivision improvements by the improper grading by individual builders or structures and improper grading installed or accomplished by individual homeowners. It is the intent of this agreement that the developer shall spedfiplty provide such sub-surface drains, or storm sewers orditches, as are required to propedy rectify anydrainage problem or sub-surface water problem which was not contemplated in the odginal 'approved subdivision design, including, but not restrfded to, disposal of sub-surface water from footing drains of individual lots. ROAD IMPROVEMENTS: The typical agreement for,existing contiguous Hamilton County Roads which are substandard, with Hamilton County is: The developer will put in 12-inch stone base to the required width of the road, and grade the shoulders to a minimum of 6 feet width and construct proper sidetlitches, or, provide storm sewer and curbs. This will be the black top grade during consW dion ofsubdivision. Then the county will come in and cut our 3 inches and put in 3 inches binder asphalt after which the developer will be responsible for 1 inch of asphalt topping. This is being done as joint projects between county and developer. An agreement shall be executed, in writing, between the developer and Hamilton county specifically detailing the exact work to be accomplished by the developer and that to be accomplished by the County, and shall also state the road or roads or portions thereof which are included. If the subdivision is contemplated to be annexed to the City of Carmel, then the agreement shall include the City of Cannel Board of Public Works as a signatory, which shall be for the purpose of the City of Carmel agreeing to accept the maintyrtay~ and ophe improved road facility upon completion of said improvements and 11i Date \ \~P 1111111 i1thp / .` ~~,.p~eon Co~.C'F, NotmyPUblle '~ _ = Seol '9 iri /t~rOF Ib1~\PO`~~• Chapter 9' Plat Certificates, Deed of Dedication 9-6 as adopted per ZJriO; as amended per Z-486-06 Sprang 2006 v t ~'. `~ ,. , RESIDENTIAL ARCHITECTURAL DESIGN STANDARDS ~~$L-~~'~I' Intent Structure and Design Standards and Provisions INTENT The intent of these standards is to provide for high-quality, architecturally varied residential development within the City of Carmel. Its provisions require that all dwellings and neighborhoods, whether single-family, two-family, or multifamily, be built to certain minimum standards. STRUCTURE AND DESIGN 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. SITE DESIGN 1. Buildings shall be designed and sited in such a way as to maximize solar gain and privacy. 2. Site design shall be context-sensitive with regards to existing natural features. B. BUILDING SCALE/MASSING 1. Building character, scale, and mass shall be similar to existing buildings. This may be accomplished through siting, setback, buffering, driveway location, height, and other elements. 2. Dwellings shall not feature long, unbroken expanses of wall. This may be accomplished by including the following features: a. Variations in height and depth b. Windows and door openings c. Changes in roof line or height d. Details and trim appropriate to the style and mass of the building e. Use of different materials, textures, and material placement f. Placement of landscaping materials and street furniture g. Balconies, recessed entries, and covered porches h. Bays and towers 3. All sides of the building shall have the same level of detail and material use. C. WINDOWS 1. At least two windows shall be present on each fagade, 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. 3. Windows shall be operable, to provide for cross-ventilation. D. ENTRYWAYS 1. Entryways shall be clearly visible and shall be the dominant feature of the front facade, or the side facade. 2. Porches shall be a minimum of six feet deep, and shall be provided where architecturally appropriate. 3. Side lights or glass panes should be provided, to allow illumination and to allow residents to see outside. 4. Permitted materials include fiberglass, painted steel, and wood. E. 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. Siding is not a permissible material. 3. "Shed-style' or bump-out chimneys shall not be permitted. 4. Chimneys must be capped. F. GARAGES 1. Garages shall not be the dominant feature of the front facade. 2. If off-set or side-loading (courtyard loading), the fagade facing the street shall have at least one window. 3. The garage, if front-loading, shall comprise no more than 30°I° of the main front facade. G.FOUNDATIONS 1. If building foundations are to be exposed, they shall be finished with stone, brick, brick-form poured concrete, fieldstone, or split-face block, and shall remain unpainted. 2. Wall cavities of foundation walls constructed of brick veneer extending below grade shall be grouted solid up to the flashing, with weep holes above. Weep holes shall be unobstructed by mulch or soil. Such flashing shall be 8-12" above grade. 3. Surface-applied waterproofing shall not be exposed unless it matches the concrete. H. ROOFLINES 1. Roofs shall have minimum 12" overhangs, on all sides of the structure, if architecturally appropriate. 2. Dormers and gables should be used to help break long roof lines. If used, they shall have attic bands, windows, and/or decorative attic vents. 3. Vents and stacks shall be painted to match the roof, or painted black, and shall not be visible from the public right-of-way. 4. Roofs may be made of dimensional shingles, glazed clay, standing-seam metal, slate, or fire- pratected wood shingles. 5. Solar shingles and panels are strongly encouraged; if used, they shall be placed as unobtrusively as possible while maximizing solar gain. 6. Gutters and downspouts or rain chains shall be provided. 7. The primary roof slope shall not be less than 6/12. I. 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. If a material such as brick or stone is used on the front facade 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 of less than .024 thickness shall not be used. 2. If EIFS or dryvit are used, they should be used only as trim materials, or placed above the first floor to limit damage. J. DETAILS & TRIM 1. Architectural trim and details are encouraged on all dwellings. If such details are used, they shall be used on all sides of the building, and shall be architecturally appropriate and balanced with regards to placement and scale. Suitable elements include, but are not limited to: 1. Quoins 2. Pilasters 3. Eaves of at least 12" in depth 4. Corner boards, gable boards, and barge boards 5. Pediments 6. Lintels and sills 7. Soldier coursing 8. Balustrades 9. Friezes, cornices, dentils, modillions, etc 10. Brackets 11. Shutters. If shutters are used, they should be appropriately scaled to the windows, and be functional or appear to be functional. 2. Buildings with clapboard or similar facades shall have all openings trimmed with wood trim at least 4" nominal width, and corners trimmed with wood at least 6" nominal width. Z:\RESIDENTIAL ARCHITECTURE DESIGN STANDARDS VER 2 July 19, 2007. Floodplain near 1.2650 Clay Center Rd • Supporting Data for Primary /Preliminary Plat Project: 2006-0120 -Lakeland Subdivision Presented to: City of Carmel • ~~ Date: September 11, 2008 Friday, October 17, 2008 • • -_ (Supporting Data -Lakeland Subdivisio ,~~~~~ ; 2006-0120 -Lakeland Subdivison, Sept. 11, 2008 •; Contents Site Aerial -Existing Adjacent Location Thoroughfare Map Existing Zoning Map Existing Water Shed Boundary Map • , • !!, Friday, October 17, 2008 • Site Aerial -Existing Adiacent Uses • • DS DEDOY L/]ND DEVELOPMENT SERVICES Des nginsors~"Surveyors 387 8. 88tr &fnd, 8uNfs fOD 1io6/eirlNs !N 060W Phons: 317.770.f807 Faxr 317.778.1821 7olf Frq: 1.888.801.8888 . _'~~~~'irtnfr,~,r Friday, October 17, 2008 i ~ • • Supporting Data -Lakeland Subdivisi+ 2006-0120 -Lakeland Subdivison, Sept. 11, 2008 Location Map NORTH ,~ ~~ ~~ ~ 'gym si w ca~ei o~ - ~. y I~~ _ ~ s~ Vin' ,' _- O . G c,~k~ -- z . s Pn,ian ct ' g ~~ iti~ i~'~ .~ ~=I m I l~ ~s ~ l~ '~ ~; ~ J ~- , i ., I _. fit. C< ~ i. t00f1 ftft _~ ~ zooms -1~i ~ ~~ DS DEDDY LAND DFVFLOPMFNT SERVECES Dss rs Surveyors SOi 8. 9fA Sh'eef, 8ufte 100 NobhevitM IN 46060 Phoner J1 A770.t60i Foxe 917.770.1621 7of7 rresi t.668.lfOf.6666 f ~~ F Friday, October 17, 2008 • Supporting Data -Lakeland S 2006-0120 -Lakeland Subdivison, Sept. 11, 2008 r~ '"; Recommended MinFnum C,eotnetric Design Starid~ds Proposed Ex~lrg Clseetfk~tlort ROW MmMnum I.snea ~m1~HldttPiJx Ctr6e ~~~~ OrrStteetPark(rp StreetTreee P1enen0e Alley 40' 1 {~'1 No No None Ves No ReeideMid Street Lane h1 40' 2(227 No No None Yee fb Reelderitlal Street hMnor (2) 40' 2 (2B') Yee See ATP Dne SkJe Only Yee No - RBakieMiel Stree(MeJar (3) 50' 2 (3p'J Yee gee ATP One Sk1a t)rgy Yea No Caeector Street BO' 4 (467 Yea Sae ATP Oplk'xsl, tx>th Yes Vet p~q& ~' 4 (489 Yea Sse ATP Nona Yee Yes arse Prinsry Artertei 160' + (4B7 Yee See ATP None No Yea 5econdsy Perkvrey 120' 4 (48~ Yea See ATP N~ Yea Yea s Ptlrtwy Parkway 140' 4 (4B) Yes See ATP None Yes Yea RefidantW 100' 4 ~ Yea See ATP Opibnet, boTh Yee Yee Free+ny /M FEDERAL AND STATE STANDARDS APPLY :" .:....:..:... State Hyrway FEOEFtAL AND STATE STANDARDS APPLY Plana: 1 SeMcea kwrteeo (141 resldenllel lots or lase ~ Mberchrrps l.ooetlon 2 SerNoea fatly (40) reskkrsld bta or less ~~ Locution 3 Senba rnora Uwt Cody (40) reriderttial lots ATP--Ahsrnedtre Tror>epor4tlon Rat 0 Fkur>dBbout Vat V.~ Proposed ROllndabout kMerfedion • ~ DS DEDOY LMID DEVELOPMENT SERVKES 48i 8. 8M Street, 8Wts f80 MaBharJNa IN 4i80B8 Faoner 917.770.iB8i Faxr 3i7.T70.18Yi Tab Fna: 4.BB8.80LBB1t3 Friday, October 17, 2008 Thoroughfare Map • • U Supporting Data -Lakeland Subd 2006-0120 -Lakeland Subdivison, Sept. 11, 2008 Existing Zoning Map • ~ ~ DS DEDDY L/1ND DEVELOPMFNT SERVKES Dss 3ur~veyors 601 & 8M 8fnef, BWfs 100 MobNrarfBs IN 18088 Plroner 317.770.1881 Fan 3f7.770.18Yf Tolf Froor t.eB8.8o1.sesa .;~. i. . ..,,~,., y, ,,.,. ~„ r , ~a~.c Friday, October 17, 2008 Existing Water Shed Boundary Map • W ~ aS 1)El30Y LM10 f)EVELOPMEh1T SERVKES D@S ~SrJf1!@y0/S BO! B. 8th Street, BWte 10C NohNSVllfe fN 48080 Plroese 317.7TB.iBD! Fexr 3l T.T70.18?1 7011 Fns: i.BB$.891.BSB8 F <ru~ yo. y .. „ e4wlrb fnJG+ rAr~s Friday, October 17, 2008 LAKELAND SUBDIVISION 12650 CLAY CENTER ROAD CARMEL, INDIANA Water and Sanitary Analysis October 17, 2008 r 1 ',, :`~~L'/~ND DEVELOPMENT 501 S. 9th Street, Suite 100 Noblesvil Phone: 317.770.1801 Fax:317.77i Toll Free: 1.888.801.8555 ,~~~ ~icu' ~f/ir~ircta f~~ Project No. 2006-0120 ~eyors IN 46060 1821 • • . WATER AND SANITARY SUMMARY PROJECT: Lakeland Subdivision 12650 Clay Center Road Carmel, Indiana PREPARED BY: Colin R Patterson, PE Brent White, E.L, S.LT. DeBoy Land Development Services SOl South 9`h Street Noblesville, Indiana DLDS. Proj. No. 2006-0120 Site Location The proposed project is located along Clay Center Road at 12650 North Clay Center Road. The parcel is in the Southwest Quarter of Section 27, Township 18 North, Range 3 East, Carmel, Indiana. Proj eet Description The scope of this development is to build a residential development. This project will split a 10 acre parcel into 2 lots. These lots will be developed as custom estates to fit into the exiting contouring, landscaping and flow of the site with minimal to no construction/destruction of the existing conditions. Following this requirement of the owner/developer, this site will have some areas of uncontrolled discharge continuing on the existing path of release. Existing Site Conditions The existing site did have a single family residential house and a couple of out buildings on it. The existing home had City water and a septic system. The site has currently been raised of all existing structures to start making preparations for new construction. The existing septic system has been filled in and capped. The water lateral has been capped near the street. Proposed Water and Sanitary The proposed connections for the site will connect into existing utilities. The water services shall feed off an existing water main in Claridge Farms subdivision, off of Chyverton Circle. The sanitary system will connect to the existing sanitary lines also within Claridge Farms. These sanitary lines are under the jurisdiction of Clay Township Regional Waste District. The water lines are under the jurisdiction of City of Carmel Water-Wastewater Utilities. i • • • ~1 ~ ~, ~•,., ~ ~~~,\ `, r~ -, ,' ~.'ti,tl~r; ,--. •..~ -f `~°~ . Elliot Creek ~~,t~ ~~ ~ y ~ (~' / r ~;; ; ~ ~ 100-Yr FP ' ~ ) i f i ~ ;; ~ i~. .'/~; ~ - ~ Floodway ' ~ ~ ° - ~ l+ f -<a . ~- - ' ~~, ~ , .~ = r# < \ site limits /~/ cross sections k ~ ~ , . 7 n e } ~~ - ~ , -. - ~' i l ~~~ J. „~ 'i Fi'~~~~~ r i " cross section ID tesz 100-Y ar Elev // l . ~ ~ ~ fry ~/ $~ ~, r' IYL~~) w-r y .~1~})4..f~ ~~'3' ~i ('B6~'S) e ) ~ ~ ~ /i tt~.. 498i , ..` ~ ~~ ~ [,~- ~ ~ /.-~ / F21 ..A V ~ ~'`~ /-'.". 't ` /, ///~// /~3¢`~~\'1~ X906 - 1~~, l~ - . ~--- AAA / / / i~~ ~ ~ ,~ 861.37 4~ { ! _ _ 3Q26 ~ ,~ f _ (861.31 S ~ ~ ~ ~~ ~ \+, ~ ~ ~ / 2068 / i rb ~ ~ 1861.3) ~,; .. ~. i ~ V~~ i , f ~ ~ ~ t _ ~ , `\ 5 > ~/l ~/~~~~i ~~ _ '`~, ~ ~ ~~~ TsGT~ ~ /~/ ~f.-y~ ! x.. l ~ i ~~ / ~ ?il S /~/! ~ L ~ i ~ /. / ~ 1 j / ~ j ~ ~ ~ 1~~~( ~~1 ~' ~ ~ 2111 ~ ~ Y"1~y~ ~ f1 l'ud / 1 r . ' esvo ~ ~ ~ f - ~ ~/ ) 7 tl i ~ ~~ \ ~ ~~ I ~ ~ ) ~ , f t~ ~ /~ ~ /, '~ ~ ~ ~~. i 1, r ~,,o~, ,~/~~ ~,~ q ~ off , ~, ~ /~~ t i ~f , v `~ . ,,, -., ~~'~~~~~~..~~....\ /~ ~ ~~ '~ ,.- ~` ]666 / ~ ~ ,, , ~ 3~z ~ ~. a ,,J r ~ _ \ (886.0) p ~ il ' ~~ ~~~ ~ ~ ~ - (r ; -~ - ~~ `' ~ ~ ` i, ~ ~x~~~~`, ~ ~;,r~n ,.:~, , ~ ;' , ~ ,. ~ , i J %1 ~ ~ ti ~; ~t ~~ (t /^~_„ --.. _ --. `_ ` ~} t / . Ir - .` ~\ ~ I I 1 I I Carba+rfimref. 5 feel Christopher B. Burke Engineering, Ltd PROJECT: Elilot Creek Hydraulic Study Pfl0.1ECT NO. U6-743 APPROX. SCALE 1 "=100' National City Center, Suite 73~ South W Dare: 07J07 est WasMngion Str~f 775 mom` ® Indlanapofis, Indiana 4620a 632 ® ~(t)317 266 8000 (~317 33~6 Site Floodplain/Floodway L imits exHlert 2 . . . . 'HaMF.MCIXN ~1' AM NAVO ' s • •~ Cross-referenced to: Instrument No. recorded _ in the office of the Recorder of Hamilton County, Indiana (Grantor Tract) Instrument No. ;recorded _ in the office of the Recorder of Hamilton County, Indiana (Grantee Tract); and Instrument No. 9030999, recorded December 18, 1990 in the offce of the Recorder of Hamilton County, Indiana (Declaration) GRANT OF ACCESS EASEMENT THIS GRANT OF ACCESS EASEMENT (the "Grant"), made this / ~ day of September, 2008, by Claridge Farm Homeowner's Association, Inc., an Indiana corporation ("Grantor"), and Christian Browning, ("Grantee" and collectively with Grantor, the "Parties"), WITNESSETH: Recitals WHEREAS, Grantor owns in fee simple certain real property located in Elamilton • County, Indiana, which is more particularly described on Exhibit A, attached hereto and incorporated by reference herein (the "Easement Area"). The Grantor Tract was conveyed to Grantor by a deed recorded , as Instrument No. , in the office of the Recorder of Hamilton County, Indiana; WHEREAS, Grantee owns in fee simple certain real property adjacent to the Easement Area containing approximately 2.5 acres, more particularly described in Exhibit B, attached hereto and incorporated herein (the "Grantee Tract"). The Grantee Tract was conveyed to Grantee by a deed recorded 200_, as Instrument No. , in the office of the Recorder of Hamilton County, Indiana; WHEREAS, the access to and from the Grantee Tract and Chwerton Circle ("Street") will be via a driveway to be constructed on the Easement Area, WHEREAS, Grantee desires the right to locate utilities in the Easement Area, and to enjoy the right to use all roadways and easements located within "Claridge Farm" as such term is defined in the Declaration of Covenants and Restrictions for Claridge Farm, dated December 17, 1990 and recorded December 18, 1990 as Instrument No. 9030999 in the Office of the Recorder of Harnilton County, Indiana, as amended by the First Amendment to Declaration of Covenants and Restrictions, dated November 10, 1996 and recorded November 22, 1996 as • • ' Instrument No. 9609649188 in the Office of the Recorder of Hamilton County, Indiana, as amended by the Second Amendment to Declaration of Covenants and Restrictions, dated September 17, 1997 and recorded October 29, 1997 as Instrument No. 9709746087 in the Office of the Recorder of Hamilton County, Indiana, as amended by the Third Amendment to Declaration of Covenants and Restrictions, dated June 1 I, 2007 and recorded June 16, 2007 as Instrument No. 2007033889 in the Office of the Recorder of Hamilton County, Indiana (the "Declaration"), subject to the limitations below. All capitalized terms in this Grant not otherwise defined herein shall have the same meaning as set forth in the Declaration; WHEREAS, the Grantor agrees to grant to Grantee anon-exclusive access and utility easement on, over and across the Easement Area, for the purposes of providing Grantee, its grantees, successors and assigns with pedestrian and vehicular access to the Street and certain rights with regard to the easements and common areas in Claridge Farm; WHEREAS, the Grantor agrees to grant to Grantee a temporary construction easement for the purpose of completing the driveway; NOW, THEREFORE, in consideration for the terms and provisions set forth herein, Grantor hereby grants the following easement to Grantee, on the following terms and conditions: Section 1. Grant of Non-Exclusive Access Easement. Grantor hereby grants, creates and makes a perpetual and non-exclusive access easement to and for the benefit of the Grantee "tract, Grantee and Grantee's successors and assigns, over, on and across the Easement Area (the • "Easement"). "I'he Easement and all rights in and to the Easement are appurtenant to the Grantee Tract and declazed, created attd made for the purposes of providing the Grantee Tract and Grantee, its invitees, contractors, employees and agents, and its grantees, successors and assigns with pedestrian and vehicular access to and from the Grantee Tract and the Street over a concrete driveway, 12 feet wide, to be constructed over the Easement Area, as the same is now or hereafter located (the "Driveway"). Section 2. Easement Ri>?ltts. Grantee shall have access to the Easement Area to do all acts and things prudent or necessary for the full enjoyment of its rights and for the satisfaction of its obligations under this Grant, including, without limitation, its maintenance obligations under the Grant. Prior to construction of the Driveway, the location of the Easement Area may be revised upon the request of the owner of the Grantee Tract or Grantor, subject, in either case, to the approval of the other party, such approval not to be unreasonably withheld. The Driveway (but not the remainder of the driveway on the Grantee Tract) must be concrete. The Driveway shall be maintained by the owner of the Grantee Tract in a maimer similar to that of the other driveways in Claridge Farm. The owner of the Grantee Tract shall maintain liability insurance for the Driveway at all times and, upon the written request of Grantor, provide evidence of the same. Grantor shall have rights and remedies available which are similar to those that it has under the Declaration, in the event that the owner of the Grantee Tract fails to maintain the Driveway as required herein or fails to maintain the required insurance. Grantor hereby expressly permits the Easement to be used for pedestrian traffic and for golf cart or similar non- road ready vehicular access by the real estate located to the east of the Grantee Tract and west of • Clay Center Road, which real estate is currently owned by Browning and is more particularly described on Exhibit C, attached hereto and madc a part hereof (the "Browning Parcel"). Grantor -~- • grants such rights to Browning, as the owner of the Browning Parcel, as to his successors and assigns; such rights shall expressly exclude normal car, truck and similar vehicular traffic. If so requested by Browning, a direct easement for this use shall be granted by the Association in favor of the Browning Pazcel, so long as all costs related thereto are reimbursed or paid for by Browning. Section 3. Driveway Construction and Temporary Construction Easement. The Driveway shall be constructed in accordance with applicable laws. Grantor hereby grants to Grantee a temporary easement to enter upon and use those portions of its real estate adjacent to the Easement Area which are located within fifreen (15) feet of the Easement Area for the purpose completing the construction of the driveway (the Temporary Easement). The Temporary Easement shall terminate upon the earlier of the completion of the Driveway or December 31, 2013. Grantee shall be responsible for repairing any and all damage to the Temporary Easement area and restoring the same as nearly as practicable to its condition existing prior to the commencement of such work. Section 4. Easement Fee. In consideration for Grantor's grant of the Easement, Grantee shall pay the sum of Fifteen Thousand Dollars ($15,000) to Grantor, the receipt of which is hereby acknowledged. In addition, Grantee shall reimburse Grantor for its reasonable attorney fees related to the preparation of this Grant. As additional consideration, Grantee has also agreed to certain other restrictions to be placed on the Browning Tract pursuant to a recorded agreement burdening the same and running in favor of the Grantor entitled Use Restriction Agreement, dated even herewith. Section 5. Additional Ris?hts. Without limiting the rights generally available to the owner of the Grantee Tract, they, together with their immediate family and up to four (4) guests, shall have the right to use all Common Areas, as such defined in the Declaration, including the swimming pool, club house and similar recreational facilities in the same manner and subject to the same rules of owners in Claridge Farm. In consideration for such use and upon commencement of construction upon the Grantee Tract, the owner of the Gantee Tract shall pay the same quarterly general assessment and such special assessments as are chazgcd to the Owners of Lots in Claridge Farm, and shall be subject to the same collection remedies of the Grantor as described in the Declaration. Section 6. Mechanic's Liens. The Parties shall promptly discharge (or cause to be discharged) all mechanic's, laborers, materialmen's, supplier's or vendor's liens arising out of or connected with their respective maintenance, repair and use of the Easement Area, and each shall indemnify and hold the other harmless therefrom. Section 7. Nature of Easements and Ri ts. The Easements created herein shall be permanent and perpetual, and, together with the obligations, rights and benefits thereof shall (i) mn with the applicable tract (ii) inure to the benefit of and bind the owner of the applicable tract and their grantees, successors and assigns. Section 8. Notices. Notices or other communication hereunder shall be in writing and ' shall be sent certified or registered mail, return receipt rcqucsted, or by othcr national overnight • courier company, or personal dclivcry. Notice shall be deemed given upon receipt or refusal to -3- ~~, ~r • accept delivery. Each Party may change from time to time their respective address for notice hereunder by like notice to the other Party. The notice address of the Parties are as follows: Grantor: Grantee: ~". 4~/ G ~ Section 9. Utility Easement. Grantor hereby declares, creates and grants a perpetual non-exclusive utility easement (the "Utility Easement") in, on, across, under and through the Easement Area, for use by Grantee for the maintenance, repair and replacement of underground lines, cables, pipes and other equipment, facilities and systems for the purpose of furnishing and distributing electric, drainage, gas, water and sanitary sewer utility services (the "Facilities") and the right to "tap-in" or connect to any such utilities in the Street. Grantee shall be responsible, at its sole cost and expense, for the installation of the Facilities on or across the Easement Area. Grantee shall be responsible for all maintenance and repairs of fhe Facilities. Upon completion of any repair or maintenance work permitted hereby, within and upon the Easement Area, • Grantee shall restore the Easement Area as nearly as practicable to its condition existing prior to the commencement of such work. Grantee shall coordinate any repairs or maintenance of the Facilities with Grantor. The Utility Easement shall be included in the defined term "Easement" except where the content of the wording was clearly implied otherwise. Section 10. Use Restrictions. The Grantee Tract is not a "Lot" as defined in the Declaration and, except as expressly set forth herein, the owner of the Grantee Tract shall have no rights or obligations under the Declaration. Notwithstanding such fact, however, the Grantee Tract shall be subject to the following restrictions: (a) The Grantee Tract shall be used only for residential purposes; home business shall be permitted only to the extent the same are in compliance with all governmental rules, regulations and ordinances. No more than one (1) residence and one (1) detached barn garage may be constructed on the Grantee Tract. The Grantee Tract may only have one owner. (b) The terms of Section 11(b) of the Declaration shall apply to the residence on the Grantee Tract. The barn garage shall consist of no more than 1,00 square feet and shall not be more than 30 feet high. (c) No building or structure (excluding fences) shall be constructed within fifty (50) feet of the north boundary of Claridge Fann (the "North Property Line"). A bike path and related improvements connecting the Driveway with the Browning Parcel is permitted within said setback. • -4- g.P~~ ~F • (d) Section 11(c) of the Declaration shall apply to the Grantee Tract, provided that, during construction, a construction trailer shall be permirted, so long as the same is not within the 50-foot setback as provided in subsection (c) above. Once construction on a residence of structure on the Grantee Tract has commenced, the same shall be completed within eighteen (18) months of the date construction is commenced, subject to force majeure and other events beyond said owner's control. The owner shall be solely responsible for all damage to the Common Areas or other property in Clazidge Farm resulting from its construction activities on the Grantee Tract or said owner's negligent acts, including, without [imitation, damage to the brick pavers at the intersection of Chyverton Circe and North Clazidge Way, or elsewhere in Claridge Farm, as a result of owner's construction traffic. (e) The Grantee Tract shall be subject to Section 14 of the Declazation, including subsections (a) through (j) thereof. (f) No more than five (5) passenger vehicles shall be visible from Chyverton Circle; all other vehicles shall be stored in a garage/ bam when not in use. (g) Sections 12(d), (e), (fl and (g) of the Declaration shall apply to the Grantee Tract. (h) No exterior lights shall be maintained as to shine or reflect directly on any Lot in • Claridge Farm. (i) The Grantee Tract shall be subject to Section 11(i) of the Declaration and Section 14 (k) of the Third Amendment to the Declazation concerning the mailbox to be placed and maintained next to Chyverton Circle. Section 11. Architectural Review. Any residence, garage/barn or other structure or any fencing to be constructed on the Grantee Tract shall be subject to review and approval of the Architectural Review Board as defined in the Declaration; provided, however, such approval shall not be unreasonably conditioned, delayed or withheld. In determining such approval, the Architectural Review Board shall consider as part of the reasonableness of the approval, the distance of the proposed improvement From Claridge Farm and the screening located or agreed to be located between the improvement and Claridge Farm. Any residence or garage/barn on the Grantee "tract located in the azea between (i) the 50 foot set back provided in Section 10 above and (ii) a line sixty (60) feet north of the North Property Line, shall be screened by landscaping customary for similar developments. In addition, if approval is not denied by the Architectural Review Board within sixty (60) days of submission by the owner of the Grantee Tract, which denial shall include a detailed explanation of the reasons for denial, then Grantor shall be deemed to have approved the same. Section I5(i) of Declaration shall not apply to the Grantee Tract. Section 12 Breach and A rn Fees. In the event of any dispute with respect to any of the covenants or agreements contained herein, the prevailing party or parties in such dispute shall be entitled to recover from the non-prevailing party or parties in such dispute all costs and expenses, including reasonable attorneys fees, which may arise or accrue from enforcing this • Agreement or in pursuing any remedy provided by this Agreement or the laws of the State of -5- gram of • Indiana, whether such remedy is pursued by filing suit or otherwise. In the event of a breach of this Agreement by either Party, the non-breaching Party shall be entitled, in addition to those remedies set forth herein, to all rights and remedies at law or in equity. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK, SIGNATURES ON NEXT PAGE • • -6- smt of IN WITNESS WHEREOF, Grantor and Grantee have duly executed this Grant on this ~ '~" day of September, 2008. Grantor: CLARIDCE FARM HOMEOWNERS ASSOCIATION, INC. . By: Robert Smith, President • • ATTEST: B ~~~~~"~- ~~GP/`-^~---~ Y William W. Wales, Vice President STATE OF NDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for the above County and State, personally appeared Robert Smith and William W. Wales, the President and the Vice President, respectively, of Claridge Farm Homeowners Association, Inc., an Indiana corporation, who acknowledged the execution of the foregoing Grant of Access Easement on behalf of said corporation, and who, having been duly sworn, stated that any representations contained therein are true. WITNESS my hand and Notarial Seal"this [SEAL] Printed:_ n I am a resident of L County, Indiana. My commission expires: I l)-- 1 ~' "(-% ~,~~ ov -7- of September, 2008. Grantee: Christian • • STATE OF INDIANA ) SS: COUNTY OF HAMIL"I'ON ) Before me, a Notary Public in and for the above County and State, personally appeared Christian Browning, who acknowledged the execution of the foregoing Grant of Access Easement and who, having been duly sworn, stated that any representations contained therein are true. WITNESS my hand and Notarial Seal.this-) ~,-- - ~ t [SEAL] : ---~ Notary I am a resident of V ~~~, t ~ c /1 County, Indiana. My commission expires: 1 Ll - i ~C' ~ U ~' day of September, 2008. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Mark Sausser This instrument was prepared by, and after recording return to, Mark Sausser, Attorney-at-Law, Baker & Daniels LLP, 300 North Meridian Street, Suite 2700, Indianapolis, Indiana, 46204 s.a~~ or -8- • • • Exhibit A EASEMENT AREA-LEGAL DESCRIPTION • • Exhibit A,page 1 grant of • • • Exhibit B GRANTEE TRACT-LEGAL DESCRIPTION • • Exhibit B,page 1 grant of • • • Exhibit C BROWNING PARCEL-LEGAL DESCRIPTION • • Exhibit C,page 1 grant of ~~ LAKELAND SUBDIVISION 12650 CLAY CENTER ROAD CARMEL, INDIANA DRAINAGE REPORT October 17, 2008 '; ~-~1.'/~ND DEVELOPMENT 501 S. 9th Street, Suite 100 Noblesvil Phone: 317.770.1801 Fax:317.77i Toll Free: 1.888.801.8555 ,8~ ~~ ~~~ f~icus I, Colin R. Patterson, certify that I am a Registered Professional Engineer in the State of Indiana and the site development plans and drainage calculations for the site are in complete compliance with the Carmel Technical Stormwater Standards Manual. eyors IN 46060 • Project No. 2006-0120 Index 1.0 Drainage Summary --Site Location --Project Description --Existing Site Conditions --Proposed Storm Water Drainage System 2.0 Appendix A -Existing Site Drainage Conditions --Existing HydraFlow Reports --Existing Time of Concentration --FIRM Map --SOILS Map --Existing Conditions Map 3.0 Appendix B -Developed Site Drainage Conditions • --Developed HydraFlow Reports --Developed Conditions Map 4.0 Appendix C -Water Quality Summary --HydraFlow Reports --Water Quality Volume Calculations 5.0 Appendix D -Storm Sewer Design --HydraFlow Storm Sewer Report --Utility Map --Drainage Basin Map • 1.0 DRAINAGE SUMMARY • PROJECT: Lakeland Subdivision 12650 Clay Center Road Carmel, Indiana PREPARED BY: Colin R Patterson, PE Brent White, E.L, S.LT. DeBoy Land Development Services u 501 South 9`h Street Noblesville, Indiana DLDS. Proj. No. 2006-0120 Site Location The proposed project is located along Clay Center Road at 12650 North Clay Center Road. The parcel is in the Southwest Quarter of Section 27, Township t 8 North, Range 3 East, Carmel, Indiana. Prol ect Description The scope of this development is to build a residential development. This project will split a 10 acre parcel into 2 lots. These lots will be developed as custom estates to fit into the exiting contouring, landscaping and flow of the site with minimal to no construction/destruction of the existing conditions. Following this requirement of the owner/developer, this site will have some areas of uncontrolled discharge continuing on the existing path of release. Existing Site Condifions The existing parcel is 10 +/- acres. The existing site contains a residential home and two out buildings. The time of concentration for the undeveloped parcel is 51 minutes. The existing runoff curve number is 65. The site is shown on FIRM Maps 18057C0206F, dated Feb. 19, 2003. The site does lie partially in the floodplain. A study of Elliot Creek has been done by Christopher B. Burke engineering, LTD, this report was completed in February of 2007. Proposed Storm Water Drainage System The proposed storm system for this site is abnormal. A meeting was held with the County Surveyor's Office to determine the best design in regards to the cost of the system for a simple two lot sub-division. The approach that was recommended by Greg Hoyes of the Hamilton County Surveyor's Office was to excavate from the floodplain to get the detention volume needed. The recommended approach was used to maximize the amount of detainable volume upstream of the existing box culvert crossing over Elliot Creek. The rest of the detention was put into a damned up ravine. This ravine is also proposed to be excavated to maximize as much of the current terrain and to maintain the • existence of the current house. Since the approach is different than that of the required storm water drainage • manual, the main item that was looked at for the site is the established 100-year floodplain elevation per the Burke report. The goal is to prevent any increase in the elevation of the 100-year flood elevation. To do this analysis, the site had to be broken into two different areas. The two areas are the upstream and the downstream. The reference point for the split is the current box culvert crossing the creek. The box culvert will remain so that it is a constant condition in both the existing and developed conditions. From the Burke report, the box culvert is the point where the 100 year flood elevation changes. The upstream elevation is 867.30 and the downstream is 866.30. The challenge is to remove enough soil to store the runoff that would give the parcel the amount of detention to release at the allowable release rates and yet not increase the 100-year flood elevations of Elliot Creek. The majority of the developed storm sewer system will be controlled by swales. Where a drive crosses a Swale, a culvert pipe will be used to convey flow under the drive. This culvert/pipe will also be used as a flow restrictor to create detention within the Swale itself. The following table shows the info used on the existing conditions. The input info was used to achieve the required 100-year elevations as stated in the Burke floodplain/floodway study. Downs S[ream Ravine Area Upstream OJfsite Upstream Onsite Basin Basin Basin Basin •, Acreage 0.87 Time of 24 Concentration Curve Number 65 3.74 830 5.4 51 300 51 65 75 65 Storm Event ~ Ravine Detention Upstream Downstream 2-year(Elev) 867.51 865.07 867.94 ]0-year(Elev) 867.76 866.80 863.61 100-vear(F.levl R68.24 R67.29 866.30 • • The developed conditions are listed in the next set of tables. Downs Stream Basin Ravine Area Basin Upstream O/frite Basin Upstream Onrite Basin Acreage 1.25 5.73 830 3.04 Time of 15.0 18 300 15 Concentration Curve Number 84 84 75 82 CN Storm Event Ravine Detention Upstream Floodway Downstream Stora e Floodwa Stora e 2-year(Elev) 866.70 865.06 861.94 10-year(Elev) 867.10 866.80 863.62 Comparing the existing and developed tables listed above, the floodplain is not adversely affected. The way this is done is by damning up a ravine and then excavating soil from the area to enlarge it. This creates a dry detention basin for the site. The other measure needed in conjunction with the ravine is the expansion for the floodplain within the site's boundary. Thereby, the proposed site drainages do not affect the 100-year flood elevations of Elliot Creek. The analysis was done using AutoDesk Hydroflow software. The analysis held the elevations for the 100-year floodplain that was established by Burke as the Base Flood Elevations. See Attached Appendices "A", `B", "C" and "D" for Project Site information and Design Calculations. CHRISTIAN T BROWNING 134 12801 W. ROAD 20-i aav7ao ZIDNSVILLE, IN 46077 Q, O / ice'. ~ ~~ < <~~a~ ~ _ ova - ol- ~dciQ ~a $ /S,aoo. os ~s~ p.~ ~_ r e d.. Busit~sssazilc. r~ 40~~0 420: Oi0i0i9?311' Ol3