HomeMy WebLinkAboutZ-538-10 116th Street Centre PUDAN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, AMENDING Z- 484 -05 116 STREET CENTRE
PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE
Section 1.
1.1
ORDINANCE Z- 538 -10
An Ordinance Amending the 116" Street Centre
Planned Unit Development District Ordinance
WHEREAS, pursuant to Indiana Code §36 -7 -4 -600 et seq., the Common Council of the
City of Carmel, Indiana adopted Ordinance Z- 484 -05 establishing the 116` Street Centre
Planned Unit Development District;
WHEREAS, Section 31.06.04 of the Carmel Zoning Ordinance Z -289 (the "Zoning
Ordinance and Indiana Code §36 -7 -4 -1512 provides for the amendment of a Planned Unit
Development District;
NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana that pursuant to Indiana Code §36 -7 -4 -600 et seq., and after docket number
09090017 OA having received a favorable recommendation by the Carmel Plan Commission on
Tuesday, December 15, 2009, it hereby adopts this ordinance (this "Ordinance to amend the
116` Street Centre Planned Unit Development District Ordinance Z- 484 -05 (the "Original PUD
Ordinance and the Zoning Ordinance, as amended, to read as follows:
Applicability of PUD Amendment Ordinance. This Ordinance applies to the
subject real estate more particularly described in Exhibit A attached hereto (the
"Real Estate
This Ordinance hereby amends the Original PUD Ordinance by adding Multi
Family Uses as additional permitted uses in the Multi- Family Area and
establishing development and architectural standards for those uses if the Real
Estate is developed to include those uses.
1.2 This Ordinance shall apply only to the Real Estate and to the permitted uses,
defined below.
1.3 The text of the Original PUD Ordinance shall remain in effect with the adoption
of this ordinance, and, if the Real Estate is developed to include the uses
permitted in the Original PUD Ordinance, then the Original PUD Ordinance
development and architectural standards shall apply to those uses.
1.4 All provisions and representations of the Original PUD Ordinance or Zoning
Ordinance that conflict with the provisions of this ordinance are hereby rescinded
SPONSOR(s): Councilor(s) Rider and Snyder
Section 2.
Section 3.
O+Y a .A
as applied to the Real Estate and shall be superseded by the terms of this
Ordinance.
Definitions. Capitalized terms not otherwise defined in this Ordinance or in the
Original PUD Ordinance shall have the meanings ascribed to them in Chapter 3 of
the Zoning Ordinance in effect on the date of the enactment of this Ordinance.
2.1 Amended Conceptual Development Plan. A general plan for the development of
the Real Estate attached hereto as Exhibit B.
2.2 Amenity Area. An area and /or building containing facilities intended to serve the
residents of the Multi Family Area including, without limitation, any one or a
combination of the following: (i) a swimming pool, (ii) a bath house with
changing rooms and storage, (iii) recreational equipment, (iv) tennis courts, (v)
basketball courts, (vi) bocce ball courts, (vii) indoor and /or outdoor workout
areas, (viii) laundry facilities, (ix) leasing office, (x) resident meeting spaces, (xi)
resident gathering spaces, and (xii) any other facilities approved by the Director
that compliment and are intended to serve the residents of the Multi Fancily Area.
2.3 Multi Family Area. That part of the District more particularly delineated on the
Amended Conceptual Development Plan. The line delineating the Multi- Family
Area boundaries may be reasonably adjusted upon submittal of the Final
Development Plan.
2.4 Multi- Family Uses. Those uses permitted per Section 3.1 of this Ordinance.
Permitted Uses and Development Requirements in the Multi- Family Area.
All new construction, alterations and additions for Multi Family Uses within the
Multi- Family Area shall be in accordance with the following guidelines.
3.1 Permitted Uses. The following uses (collectively, "Multi- Family Uses shall be
permitted in the Multi- Family Area:
A. Dwellings, Multiple Family
B. Apartments
C. Amenity Area
3.2 Maximum Building Height. The Building Height shall not exceed sixty (60) feet.
3.3 Minimum Floor Area. The minimum floor area per Dwelling Unit shall be six
hundred (600) square feet.
3.4 Setbacks.
A. Minimum Front Setback: 0 feet
B. Minimum Perimeter Yard: 0 feet
C. Minimum Distance Between Buildings: 10 feet
3.5 Maximum Density. Without the approval of the Plan Commission, there shall be
no more than one hundred and ninety -six (196) Dwelling Units.
3.6 Architectural and Design Elements. The character illustrations, indicating
conceptually the intended architecture and appearance of the multi family
buildings, are attached hereto as Exhibit C.
3.7 Permitted Building Materials. Masonry (excluding stucco, synthetic stucco, and
EIFS), pre -cast concrete and cementitious board as primary material on first floor;
other sidings (excluding vinyl) are permitted on upper floors.
3.8 Required Window Openings. A minimum 'of two (2) windows per level, per
exposed facade, shall be required (a vent may be substituted for a window on a
gable). All windows shall be fully framed and trimmed. This section shall not
apply to the garage section of the building.
3.9 Wall Planes. Walls shall not have unbroken planes greater than sixty feet (60') in
length. Units may be differentiated by plane and material changes, and separate
entrances.
3.10 Porch /Entryways. Stoops should be covered to provide shelter. Individual
porches, balconies, stoops or similar outdoor spaces are encouraged on the front
and /or the rear of the building.
3.11 Roofline. Rooflines shall not have unbroken lines greater than sixty feet (60') in
length. Projecting hip and gable roof elements shall constitute a break, in the
roo1line.
3.12 Trash Areas. Screened trash areas shall be provided. Screening materials may
include brick, stone and other masonry materials. Doors may be constructed of
metal and /or wood. All doors shall have an automatic closure mechanism such as
spring loaded hinges.
3.13 Mechanical Equipment. Any mechanical equipment visible from an adjoining
public street shall be screened with suitable landscaping or fencing in general
architectural compatibility with the building(s) in which it is associated. Fencing
materials may include brick, stone and other attractive masonry screening
materials.
3.14 Parking Requirements.
A. One and one -half (1.5) spaces per Dwelling Unit ,shall be required. The
areas within driveways and garages shall count toward this requirement.
3
B. Covered parking shall match the primary building materials.
C. Parking lots shall be landscaped in accordance with this Ordinance and
provide pedestrian access to and within the Multi- Family Area and the
Real Estate.
D. On- Street Parking.
(i)
Should be encouraged and available for guest parking.
(ii) May be used to fulfill parking requirements.
(iii) Each space shall be a minimum of eighteen feet (18') in length.
E. Bicycle Parking. Bicycle parking shall be provided in compliance with
Section 27.06 of the Zoning Ordinance. Covered garage spaces may be
used to fulfill bicycle parking space requirements.
3.15 Lighting Requirements. Street lighting shall be provided near intersections of
streets and alleyways.
3.16 Pedestrian Connectivity. Sidewalks shall be provided throughout the Real Estate
to provide direct pedestrian connections within the Multi Family Area
Section 4. Landscaping. Landscaping in the Multi Family Area shall be designed to
complement the urban character of the District and the architecture of the
buildings. Street trees, streetscape plantings, and buffer areas shall be used to
bring natural elements to the design pattern, in consultation with the City's Urban
Forester.
4.1 General Landscaping Standards. Landscaping shall be integrated with other
functional and ornamental site design elements, where appropriate, such as
hardscape materials, paths, sidewalks, fencing, or any water features.
A. Plantings along buildings and streets should be designed with repetition,
structured patterns, and complementary textures and colors, and should
reinforce the overall character of the area. Alternate or pervious paving
material may be considered, or alternative planting media shall be
considered, where planting space is limited by restrictions such as
buildings, asphalt or concrete paving, parking Tots, etc.
All trees, shrubs and ground covers shall be planted according to
American Standard for Nursery Stock (ANSI Z60.1), and following the
standards and best management practices (BMPs) published by the City's
Urban Forestry Section. Landscaping materials shall be appropriate to
local growing and climatic conditions. Plant suitability, maintenance and
compatibility with site construction features are critical factors that should
be considered.
4
C. Shade trees shall be at least two and one half (2.5) inch caliper diameter
when planted. Ornamental trees shall be at least one and one half (1.5)
inch caliper diameter when planted. Evergreen trees shall be six (6) feet in
height when planted. Shrubs shall be at least eighteen (18) inches in height
when planted.
4.2 Perimeter Landscaping. Perimeter landscaping along the property lines shall be
provided in the form of either: (a) street trees for portions of the perimeter
abutting public right -of -way; (b) landscaping and screening per Exhibit D for the
Real Estate's northern boundary; or (c) landscaping per the requirements of the
Zoning Ordinance's Type "B" Bufferyard (3 shade trees, 3 ornamental trees, and
15 shrubs per 100 linear feet) for portions of the perimeter not abutting a public
right -of -way or the northern boundary. The Real Estate's north property line shall
be determined a front yard for purposes of the perimeter landscaping requirement.
No buffer yard or landscaping internal to the District shall be required between or
within the different areas of the District.
4.3 Street Trees. Medium or Large growing shade trees shall be planted within the
public street right -of -way, parallel to each street, in planting strips or tree wells.
Street trees shall be planted a minimum of thirty (30) feet and a maximum of fifty
(50) feet on center. In areas of high pedestrian and commercial activity, tree wells
shall be covered with decorative grates or pavers in order to maximize
uninterrupted pedestrian pathways. Where ample passage area is provided, tree
planting areas shall be treated as planting beds to soften the hardscape. Street
trees shall not be required along or adjacent to private drives or streets interior to
the Multi Family Area.
A. Per the City's standards, no street trees shall be planted in conflict with
drainage or utility easements or structures, underground detention (unless
so designed for that purpose), or within traffic vision safety clearances.
However, where the logical location of proposed utilities would
compromise the desired effect, the Developer may solicit the aid of the
City's Urban Forester in mediating cost- effective solutions.
B. Street tree species shall be selected from the City's published list of
recommended street trees.
4.4 Building Landscaping Standards. Building base landscaping shall be provided at
the base of all building elevations which do not directly abut planted hardscapes,
to soften the architectural lines of buildings, frame the primary views to buildings
and public spaces, and blend architectural designs with the landscape. Building
landscaping shall be designed to appropriately complement the building's use,
setback, height, and architectural features. Window boxes for flowers and planters
on front stoops and sidewalks are encouraged in areas where landscaping cannot
be installed at the base of a building due to the building's proximity to a sidewalk,
path, street, right-of-way or easement. Building base landscaping may help fulfill
bufferyard requirements where applicable.
5
A. The following building base plantings shall be required: Three (3) shade
trees, three (3) ornamental trees, and twenty -five (25) shrubs shall be
planted per one hundred (100) linear feet of building frontage on right -of-
way. If trees cannot be planted between the building and the sidewalk,
then an alternative location may be chosen for planting. Landscaping
interior courtyards are encouraged.
4.5 Parking Lot Plantings. Where parking lots are visible from the public right -of-
way, the following require:m.ents shall apply:
A. Lot Interior. Minimum of one (1) shade tree per nine (9) parking spaces,
with a minimum of one hundred and eighty (180) square feet of useable
soil volume being provided for each tree; and
B. Lot Perimeter. A minimum five foot (5') wide perimeter planting strip
shall be provided on all sides of a parking lot (except where parking
spaces abut curb -to- building sidewalk) including four (4) shade trees and
twenty -five (25) shrubs and /or ornamental grasses per one hundred (100)
lineal feet of strip. Walls or fences with a minimum height of forty -two
inches (42 may be used in lieu of planting. Perimeter planting may
occupy the same space as a required bufferyard but lot perimeter plantings
shall be credited towards the perimeter bufferyard planting requirements.
4.6 Maintenance. It shall be the responsibility of the property owner(s) and their
agents to insure proper maintenance of project landscaping in accordance with
this Ordinance and best management practice standards. This is to include, but is
not limited to, mowing, tree trimming, planting, maintenance contracting,
irrigation 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.
Section 5. Signage. Signage within the Multi- Family Area shall be per the Zoning
Ordinance. The multi family development also shall be permitted to be identified
on the overall project ground signs, located as shown on the Original PUD
Ordinance's Conceptual Development Plan.
Section 6. This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
Z- 538 I PASSED by the Common Council of the City of Carmel, Indiana, this
I 5 day o 2010, by a vote of 7 ayes and nays.
Presiding Officer
Richard L. Sharp`'r•:'•- -P o Tempore
Ronald E. Carter
ATTEST
COMMON COUNCIL FOR THE CITY OF CARMEL
Diana L. Cordray, .IAMC, Clerk T easurer
n cl.
Presented by me to the Mayor of the City of Carmel, Indiana this voc day of
2010, at(Q:O P .M
Diana L. Cordray, IAMC, Clerk asurer
Approved by me, Mayor of the City of Carmel, Indiana this day of
1 ,2010, at ID :3% A-
ATTEST:
Diana L. Cordray, IAMC, Clerk Tr
rer
7
e vin D. Rider
evin D. Rider
W. Eric Seide ticker
j) ,4- 11
ames Brainard, Mayor
This Instrument prepaiFeed by: Steven D. Hardin, Esq., Baker Daniels, LLP
600 East 96th Street, Suite 600, Indianapolis, Indiana 462401(317) 569 -9600
EXHIBIT A
LEGAL DESCRIPTION
116 Street Centre Planned Unit Development District
Part of the Southwest Quarter of Section 35 and the Southwest Quarter of Section 36, in
Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows:
Commencing at the Southeast corner of said Southeast Quarter Section; thence South 88
degrees 49 minutes 34 seconds West (assumed bearing) along the South line of said
Southeast Quarter Section a distance of 23.00 feet; thence North 01 degrees 10 minutes
26 seconds West a distance of 100.00 feet to the intersection of the North line of 116
Street (per "Limited Warranty Deed" to the City of Carmel recorded as Instrument
number 200400022719 in the Hamilton County Recorder's office) with the East right of
way line of College Avenue (per "Dedication of Street Right -Of -Way" recorded as
Instrument number 8742050), being the Point of Beginning, (the following five courses
are along the East lines of said College Avenue per said "Dedication said point being
on a non tangent curve concave Easterly having a central angle of 20 degrees 02
minutes 28 seconds and a radius of 707.00 feet; 1) thence Northerly along the arc of
said curve a distance of 247.30 feet (said arc being subtended by a chord having a
bearing of North 08 degrees 50 minutes 15 seconds East and a length of 246.04 feet; 2)
thence North 18 degrees 17 minutes 09 seconds East a distance of 100.00 feet; 3) thence
North 18 degrees 51 minutes 31 seconds East a distance of 71.39 feet to a tangent curve
concave Westerly having a central angle of 48 degrees 21 minutes 28 seconds and a
radius of .162.00 feet; 4) thence Northerly along the arc of said curve a distance of
136.73 feet (said arc being subtended by a chord having a bearing of North 05 degrees
19 minutes 13 seconds West and a length of 132.71 feet); 5) thence on a tangent line
North 29 degrees 29 minutes 57 seconds West a distance of 111.19 feet; thence North
89 degrees 09 minutes 48 seconds East parallel with the South line of said Southwest
Quarter Section a distance of 596.48 feet; thence North 00 degrees 22 minutes 52
seconds West a distance of 58.02 feet; thence North 89 degrees 09 minutes 48 seconds
East a distance of 220.00 feet; thence South 00 degrees 22 minutes 52 seconds East a
distance of 725.72 feet to the North line of 116 Street (per "Limited Warranty Deed" to
the City of Carmel recorded as Instrument number 200300127285 in the Hamilton
County Recorder's office); (the remaining 4 courses being along the North lines of said
116 Street as conveyed to the City of Carmel recorded as said Instrument number
200300127285, Limited Warranty Deed recorded as Instrument number 200300127280,
Personal Representatives Deed recorded as Instrument number 200300088446 and said
Instrument number 200400022719); 1) thence South 89 degrees 09 minutes 48 seconds
West a distance of 494.22 feet; 2) thence North 82 degrees 18 minutes 41 seconds West
a distance of 66.35 feet; 3) thence North 89 degrees 13 minutes 54 seconds West a
distance of 261.39 feet; 4) thence North 57 degrees 22 minutes 41 seconds West along
said North line a distance of 29.80 feet to the Point of Beginning. Containing 12.417
acres, more or less.
I3DDI30I 5959299v1
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE
PETITION OF 116 STREET CENTRE 11,111, and IV, LLC
TO AMEND THE 116 STREET CENTRE PUD ORDINANCE
PURSUANT TO INDIANA CODE 36 -7 -4 -605
Dear Members:
An Ordinance to Amend the 116 Street Centre Planned Unit Development (PUD) Ordinance
To: The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
The Carmel Advisory Plan Commission offers you the following report on the application to the Commission
(Docket No. 09090017 OA) to amend Ordinance Z- 484 -05: 116 Street Centre PUD, in order to allow
apartment uses within the northern 6.75 acres of the development. The site is located at the northeast comer of
116 Street and College Avenue.
The Carmel Advisory Plan Commission's recommendation on the petition is FAVORABLE.
At its regularly scheduled meeting on December 15, 2009, the Commission voted six (6) in Favor, zero (0)
Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance Z- 538 -10 with a
Favorable Recommendation.
Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36-7-4
607(e)(3), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the
Commission. Ninety days from the date of the original Certification (December 17, 2009) is Wednesday,
March 17, 2010.
ATTEST:
/L ---/(4
amona Hancock, Secretary
Carmel Advisory Plan Commission
Dated: December 17, 2009
2009 -1216 09090017 OA Z- 538 -10 PC Certification
ORDINANCE Z- 538 -10
CARMEL ADVISORY PLAN COMMISSION
eo Dierckman, President
weaver sherman design
architects and land planners
EXHIBIT B
AMENDED CONCEPTUAL DEVELOPMENT PLAN
"MULTI FAMILY AREA"
Future Development
East 116` Street
Future Right of Way
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Commercial
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JC. MART
Builders Dvveln er, Manager.
MULTI FAMILY BUILDING CHARACTER ILLUSTRATIONS
building type 1 front elevation
building type 1 side elevations
EXHIBIT C
building type rear elevation
building type 1 lower level floor plan
building type 1 upper level floor plans
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EXHIBIT C
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EXHIBIT C
building type 2 front elevation
building type 2 rear elevation
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architects and land planners
building type 2 side elevation
building type 2 lower level floor plan
building type 2 upper level floor plans
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Buikcier. Dc Nlanasers
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architects and land planners
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EXHIBIT C
MULTI FAMILY BUILDING CHARACTER ILLUSTRATIONS
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uilders 17e.-elopers Managers
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6'-0" Tall x B' Long Painted'
Wood Privacy Fence with
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2' 0" Square x.0' -0" High
Stone Pier With Cast Stone
Base and Cap
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Partial Plan View of North Property Line
EXHIBIT D
NORTH PROPERTY LINE BUFFER EXHIBIT
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EXHIBIT D
NORTH PROPERTY LINE BUFFER EXHIBIT
1 h" Caliper Shade
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Continuous Evergreen Hedge Row
Planted at 3 '-0" On Center
Scale: 1 /4 -l' -0"
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Hui €dcrs Developers Managers
I Caliper Shade
Trees at 30' -0" On Center With
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Planted at 3' -0" On Center Below
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architects and land planners
EXHIBIT D
NORTH PROPERTY LINE BUFFER EXHIBIT
North View of Compactor Enclosure Screening
6' 0" Tall Stone Compactor Enclosure
With 6" Tall Cast Stone Coping
Scale: 1/8 =1' -0"
J.C. HART
Builders Devetnpers Managers
116 Street Centre PUD District Amendment 1 Neighbor Requests
Request: Can you relocate the parking at the northeast corner of the site so that it does not
immediately abut the north property line?
Response: Yes. The redesigned site plan removes the parking from the north property
line.
Request: Can you provide an enhanced screening of the parking lot to shield potential
headlights directed towards the townhomes?
Response: In addition to removing the parking from the north property line, the redesign
resulted in a limited number of spaces and parking turnaround at the northeast corner of
the site. This parking area now includes an "edge" that incorporates fencing and
landscaping to screen any potential headlights.
Request: Can you reconsider the northeastern most building to create a greater separation from
the rear of the townhomes and the building?
Response: Yes. The redesigned site plan removes this building altogether. In addition,
the redesigned site plan also results in no apartment buildings being oriented parallel to
the townhomes.
Request: Can you remove the direct connection into the townhomes' private streets?
Response: Yes. The redesigned site plan removes any direct connection from the
apartment drive areas to the townhome's private streets.
Request: Has the developer considered not having a pool?
Response: Yes. The developer has considered the importance of the pool to this
particular development and determined the pool was an important aspect to the market
viability of the development. Residents of luxury apartments expect it as an amenity.
Request: Can you consider relocating the pool to create a greater separation from the
townhomes and /or could you consider additional screening?
Response: Yes. The pool has been relocated to create a greater separation from the
townhomes. In addition, the redesigned site plan provides for a visual buffer of the pool
from the townhomes through the design of the clubhouse /leasing office building and the
incorporation of the fence and landscaping "edge
BDDBO 1 5999374v 1
PRIOR CONCEPT PLAN
CURRENT CONCEPT PLAN
Future Right of Way
6' -0" Tall Stone Compactor Enclosure
With 6" Tali Cast Stone Coping
6' =0" Tall x 8' Long Painted'
Wood Privacy Fence with
Lattice Top Panel Detail
2' 0" Square x,8' -0" High
Stone Pier With Cast Stone
Base and Cap
Partial Plan View of North Property Line
1'h" Caliper Shade
Trees at 30' -0" On Center With
Continuous Evergreen Hedee Rea.
Planted at 3' -0" On Center Belo.,
North
Not to Scale
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Painted Wood
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2' -0" Square x 8' -0" High
Stone Pier With Casi Stone
Base and Cap
North View of North Property Line Screening
1' /z" Caliper Shade`
.,Trees at 30' -0" On Center
Continuous Evergreen Hedge Row
Planted at 3' -0" On Center
Scale: 1/4 -1' -0"
y .d
I h" Caliper Shade
Trees at 30' -0" On Center With
Continuous Evergreen Hedge Row
Planted at 3' -0" On Center Below
North View of Compactor Enclosure Screening
6' -0" Tall Stone Compactor Enclosure
With 6" Tall Cast Stone Coping
Scale: 1/$ =1' -0"