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HomeMy WebLinkAboutDept Report 10-07-03CARMEL/CLAY PLAN COMMISSION SUBDIVISION COMMITTEE DEPARTMENT REPORT October 7, 2003 4. Docket-Nos._126-03`Z:(#03080012);127-03 Z (#03080013) Burlingame Subdivision Rezone-' The applicant seeks to Rezone 67.295 acresf from S-1/Very Low Intensity Residence to R-2/Residence and also seeks to rezone 9.13 acrest from S-1/Very Low Intensity Residence to R-4/Residence. The site is located at 13619 Shelborne Road. Filed by Steve Pittman on behalf of Shelburn Family Limited Trust. The applicant is proposing to rezone approximately 76 acres to accommodate the development of a neighborhood containing Townhomes, single-family homes, and ball fields for the Carmel Dads' Club. The applicant has provided an information packet including the development requirements for each zone (R-4 and R-2) and a rendering of the proposed layout. However, there is nothing to back up the rendering with a guazantee. As has been seen in the past the Commission is presented with a concept. Nothing has been proposed by the applicant that would prevent the residential portion of the site from being developed in any manner available under the R-4 and R-2 standards. The applicant is aware that his approach will need to be modified to gain Department support. They indicate that they would like to initiate that process thought the Subdivision Committee, as was the case with the Weston Pointe development. The applicant has offered commitments that clarify the proposed plan. The Commission should be provided additional exhibits displaying the character and quality of the proposed neighborhood (within a set of commitments) that warrants positive consideration. A review of the proposed commitments (see enclosed copy) would be a good place to start the committee discussion. Several concerns were raised at the public hearing including the following: 1. The proposed density of the plan. 2. Number of lots adjacent to single larger home site. 3. The need to buffer neighboring residents. 4. Traffic concerns. 5. Request to see afour-way stop at 141st and Shelborne Road. 6. Desire to see more open space. 7. Opinion the chain-link fence looked bad. 8. Operation of Dads' Club facility a concern. Questions from Commission members included the following: 1. Desire too see the density breakdowns Committee Report 2003-1007 2. Request to be provided information on parking requirements for ball fields. 3. Request for additional information regarding lot sizes along the perimeter of the site. 4. Discussion on how football field would be an amenity. 5. Request for landscaping on Street Fleet facility site. Additional Background from September 16`h Plan Commission Report: The following issues need to be fully addressed by the petitioner, for review by the Plan Commission, prior to forwarding this proposal to the City Council for final action: 1. Permitted uses: The list of permitted uses should be restricted and the discussion limited to Multiple-family dwellings (townhomes), single family dwellings, and a recreational facility by way of commitment. The number of each type of home may also be discussed. The applicant has discussed reserving an area for single story ranch homes geared to empty nesters. 2. Dads, Club Facility: Is the applicant proposing to construct this facility and tum it over to the Dads' Club, provide the real estate, or build the fields only, etc.? This issue is relevant based on the rezone of the property. The applicant needs open space to meet the ROSO requirements. They are requesting a significant density boost over what is currently permitted for the site under the S-1 zoning. The question is what are we (the Community) getting for developer obtaining the ability to construct additional homes. 3. Architectural Designs /building materials: What do the residential buildings look like? Are they of the same materials? Is the applicant willing to commit to specific materials and designs? 4. Site Layout: Is the proposed layout the best for the site. Are they committing to return to the Commission with a primary plat that is consistent with the proposed design? Specific commitments could be made to address the characteristics of community 5. Access and Traffic: Does the street layout conform to the plan contemplated for the area? The applicant should provide an exhibit illustrating how this proposal fits into the overall picture of the area. In addition further discussion needs to take place regarding the traffic analysis provided by the applicant and what improvements are necessary or attributed to the proposed development plan for the site. While this is not an exhaustive list of the issues that need additional analysis I believe it provides For a reasonable basis for discussion at the hearing Tuesday evening and direction for the Committee. The Department recommends that the Subdivision Committee forward this request to the full Commission after all comments and concerns have been addressed. Committee Report 2003-1007 COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE !'Pig ~~' '^•,/ ~r ~ ~, Dp~s s,. ,~~ y Pittman Partners, Inc., an Indiana Corporation, its nominee or assignee (hereafter, \ _ ~~%`' "Owner"), the Contract Purchaser of the real estate located in Hamilton County, Indiana, "' ~ i ~ and described in Exhibit "A" and Exhibit "B" hereto (hereafter, "Real Estate"), makes the following Commitments to the Carmel Plan Commission (hereafter, "Commission"). Description of Real Estate: A. See Exhibit "A" -Legal Description of R-4 Zoned Property B. See Exhibit "B" -Legal Description of R-2 Zoned Property Docket Numbers: 126-03 Z and 127-03 Z Statement of Commitments For the Property Described in Exhibits A and B: A. There will not be any pole mounted street lights north of the proposed 136`h Street Extension. B. All townhome residential units built will have their own deeded lot and will be limited to the property zoned R-4 as described in Exhibit A. C. All townhome residential units will have an all brick front elevation. The townhome buildings that face Shelborne Road, the southernmost building that is adjacent to the Carmel Transportation Facility will have all brick on the southern end of the building and the townhome building that is closest to the 136`h Street extension will have all brick on the northern end of the building. D. All perimeter landscape treatments will meet the requirements of the Carmel Clay Zoning Ordinance, Section 26.4: Perimeter Buffering Requirements. E. The Owner will install 230' of 6' shadow box fence on the southern property line and 160' of 6' shadow box fence on the eastern property line of the residence more commonly known as 13535 Shelborne Road. F. The Owner will insta11328' of chain link fence on the north property line and 118' of chain link fence on the east property line of the residence more commonly known as 13549 Shelborne Road. This fencing will serve to replace the existing faun fence on the property line that is in need of repair. G. The Owner will submit an acceptable landscape plan during the Primary Platting process that includes trees that aze "balled and burlapped" and 10 tree transplanted trees that have a caliper size of 3" to 6" in the bufferyazd area that is adjacent to 13535 and 13549 Shelborne Road. These trees will be positioned in exact locations as agreed upon with the owners of these residences. H. The Owner will install new farm fencing along the north property line between the Real Estate and 13881 Shelbome Road in any place where the fencing is missing or in disrepair. In addition, the Owner will install in a 103' area adjacent to 13881 Shelborne Road a Buffer Yard that is 2 times that which is required per Carmel's Buffer Yard Ordinance. '/z of the Bufferyard plantings will be planted on the Real Estate and the other'/~ will be planted on land known as 13881 Shelborne Road. I. The Owner agrees that at any time prior to May 1, 2005, the owner of 13881 Shelborne Road can request to have the Owner to install and maintain a wetlands habitat on the easternmost 200' of 13881 Shelborne Road. In the event the Owner builds such wetland habitat, future residents on the Owner's Real Estate will have access to the wetland habitat. J. The east property line will have a minimum setback of 250' where the townhomes portion of the site is adjacent to Shelbome Park. The perimeter landscaping that separates the townhome portion of the site from Shelborne Park will be landscaped at 1.5 times the Perimeter Buffering Requirements per Section 26.4 of the Carmel Clay Zoning Ordinance. K. The site will be developed utilizing the R-2 and R-4 Zoning Designation utilizing the Residential Open Space Ordinance (ROSO III). L. All residential construction will be limited to detached single family 1-story and 2-story homes on the property zoned R-2 as described on Exhibit B and attached 3-story townhomes on the property zoned R-4 as described on Exhibit A. M. Owner agrees to follow all erosion control requirements of the Hamilton County Soil and Conservation Service to limit any silt entering into the adjacent drainage system. N. The Owner further commits that the Real Estate could not be utilized as a mobile home park. O. The Owner further commits that adequate right of way will be provided to allow for a future connection into the undeveloped property to the north. P. The Owner further commits that the Real Estate will not contain more that 80 residential townhomes on the property zoned R-4 described on Exhibit A and 210 single family detached residential homes on the property zoned R-2 described on Exhibit B. Q. The Owner further commits that at the time of platting of the property, the Owner will request to the City of Carmel Plan Commission, City of Carmel Department of Community Services and the Hamilton County Highway Department that the site is served with only one curb cut off of Shelbome Road and that curb cut would be the extension of 136u' Street and be located between 13535 Shelbome Road and the Carmel Transportation Facility. R. All Single Family Detached will have brick on the front elevations. S. All Single Family Detached homes that back up to the 136`" Street road extension will have brick on the rear elevations. T. The Owner commits that as part of this proposal, the Owner will provide 3 regulation size football fields to the Carmel Dads' Club and all necessary parking as shown on the plans, "Carmel Dads' Club, Burlingame Fields" ("CDC Fields"). The CDC Fields will be designated as Common Area per the Residential Open Space Ordinance and be owned by the Homeowner's Association. The CDC Fields will by leased to the Carmel Dad's Club for 99 years for $1 and other valuable consideration. As part of the lease agreement, the Carmel Dads' Club will be responsible for maintaining the fields in a consistent manner with the other common areas in a first class residential neighborhood. The CDC Fields and parking fields will be built and paid for by the Owners. The CDC Fields will not have night lighting. The Carmel Dad's Club will control the utilization of the CDC Fields, however, when not being used for Carmel Dads' Club activities will be open to the residences on the Real Estate. U. The Owner agrees to construct the extension of 136th Street through the Real Estate consistent with the City of Carmel's Thoroughfare Plan. In addition, the Owner further agrees to provide for additional road improvements to Shelborne Road as agreed upon with the City of Carmel and the Hamilton County Highway Department. 5. Binding on Successors and Assigns: These Commitments aze binding on the Owner of the Real Estate, each subsequent Owner of the Real Estate, and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. These Commitments may be modified or terminated from time to time only by a decision of the Commission made after notice and a public heazing as provided by the rules of the Commission. 6. Effective Date: The Commitments contained herein shall be effective upon the final adoption and passage into law of an ordinance by the Common Council of Carmel, Indiana reclassifying the Real Estate from the S-1 Residence District Classification to the R-4 Residence District Classification and the R-2 Residence District Classification and shall remain in effect so long as said ordinance remains in effect. Recordine: The undersigned hereby authorizes the Secretary of the Commission to record these commitments in the Office of the Recorder of the Hamilton County, Indiana, following the Effective Date. 8. Enforcement: These Commitments are enforceable by the Commission and the City of Carmel, Indiana. Executed this day of , 2003. PITTMAN PARTNERS, INC. By: STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Steve A. Pittman President Subscribed and sworn to before me, a Notary Public, in and for said County and State personally appeared, Steve A. Pittman, the President of Pittman Partners, Inc. who acknowledged the execution of the foregoing Commitments. WITNESS my hand and Notarial Seal this 2003. My Commission Expires Residing in County day of , Notary Public, State of Indiana Printed CONSENT OF OWNER: The undersigned, fee simple owners of the Real Estate, Shelburn Family Limited Partnership, hereby consents to the foregoing Commitment Concerning The Use and Development of Real Estate. William L. Shelburn Dixie L. Sigman STATE OF INDIANA ) SS: COUNTY OF MARION ) Subscribed and sworn to before me, a Notary Public, in and for said County and State personally appeared, Lawson Clark and acknowledged the execution of the foregoing Consent of Owner. WITNESS my hand and Notarial Seal this My Commission Expires day of , 2003. Notary Public, State of Indiana Residing in County Printed EXHIBIT A R-4 LEGAL DESCRIPTION A part of the West Half of the Northwest Quarter of Section 29, Township 18 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest corner of the Northwest Quarter of said Section; thence North 00 degrees 03 minutes 21 seconds East along the West line of said Northwest Quarter Section 985.08 feet to the North line of the South 30 acres of the West Half of said Northwest Quarter Section and the POINT OF BEGINNING of this description; thence continuing North 00 degrees 03 minutes 21 seconds East along the aforesaid West line 698.74 feet; thence East 205.18 feet; thence South 00 degrees O1 minutes 34 seconds West 112.20 feet; thence South 89 degrees 58 minutes 32 seconds East 372.11 feet; thence South 00 degrees 14 minutes 10 seconds East 459.03 feet; thence North 89 degrees 31 minutes 57 seconds East 595.97 feet; thence North 00 degrees O1 minutes 34 seconds East 423.00 feet; thence North 18 degrees 25 minutes 31 seconds East 96.75 feet; thence North 89 degrees 58 minutes 45 seconds East 119.18 feet; thence South 00 degrees Ol minutes 15 seconds East 637.61 feet to a point on the South 30 acres; thence South 89 degrees 35 minutes 32 seconds West along said North line 1,325.98 feet to the place of beginning, containing or 12.149 acres, more or less. Subject to all legal highways, rights-of--ways, easements and restrictions on record. EXHIBIT B R-2 LEGAL DESCRIPTION A part of the West Half of the Northwest Quarter of Section 29, and a part of the Southwest Quarter of the Southwest Quarter of Section 20, all in Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southwest comer of the Northwest Quarter of said Section 29; thence North 00 degrees 03 minutes 21 seconds East along the West line of said Northwest Quarter Section 1,683.82 feet to the POINT OF BEGINNING of this description; thence continuing North 00 degrees 03 minutes 21 seconds East along said West line 390.12 feet to the Southwest comer of the real estate described in Instrument Number 2002-5637 in the Office of the Recorder, Hamilton County, Indiana; thence North 89 degrees 53 minutes 21 seconds East along the South line of said real estate 660.00 feet to the Southeast corner of said real estate; thence North 00 degrees 03 minutes 21 seconds East parallel with the West line of said Northwest Quarter Section and along the East line of said real estate, and the extension thereof, 563.52 feet to the South line of the Southwest Quarter of said Section 20; thence South 89 degrees 40 minutes 15 seconds West along said South line 356.01 feet to the Southeast corner of the real estate described in Instrument Number 87-30669 in said Recorder's Office; thence North 00 degrees 02 minutes 40 seconds East parallel to the West line of said Southwest Quarter Section and along the East line of said real estate, and the extension thereof, 737.62 feet to the Northeast corner of the real estate described in Instrument Number 88-15016 in said Recorder's Office; thence North 89 degrees 57 minutes 20 seconds West along the North line of said real estate 304.00 feet to the West line of said Southwest Quarter Section; thence North 00 degrees 02 minutes 40 seconds East along said West line 574.14 feet to the Northwest corner of the Southwest Quarter of said Southwest Quarter Section; thence North 89 degrees 39 minutes 07 seconds East along the North line of said Quarter- Quarter Section 1,325.00 feet to the Northeast corner of said Quarter-Quarter Section; thence South 00 degrees OS minutes 53 seconds West along the East line of said Quarter- Quarter Section 1,314.19 feet to the Northeast corner of the West Half of the Northwest Quarter of said Section 29; thence South 00 degrees O1 minutes 15 seconds East along the East line of said Half Quarter Section 1,010.43 feet; South 89 degrees 58 minutes 45 seconds West 119.18 feet; thence South 18 degrees 25 minutes 31 seconds West 96.75 feet; thence South 00 degrees Ol minutes 34 seconds West 423.00 feet; thence South 89 degrees 31 rninutes 57 seconds West 595.97 feet; thence North 00 degrees 14 minutes 10 seconds West 459.03 feet; thence North 89 degrees 58 minutes 32 seconds West 372.11 feet; thence North 00 degrees O1 minutes 34 seconds East 112.20 feet; thence West 205.18 feet to the place of beginning, containing 64.277 acres, more or less. Subject to all legal highways, rights-of--ways, easements and restrictions on record. City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 317-571-2417 Fax:317-571-2426 FACSIMILE TELECOPY COVER LETTER DATE: October 2, 2003 TO: Steve Pittman FAX: 580-9786 FROM: Pam Attached hereto are 13 pages, including this cover letter, for facsimile transmission. Should you experience any problem in the receipt of these pages, please call 317/571/2417 and ask for Pam. NOTES: Department Report Please call if you have any questions. CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documents to us.