HomeMy WebLinkAboutAgreement: Westwood Estates/Crook Property r
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CITY
JAMES BRAINARD, MAYOR
January 23, 2008
Via email, original to follow via US Postal Service
Mr. Walt Justus
President
Justus Home Builders, Inc.
1398 N. Shadeland Avenue
Indianapolis, IN 46219
Re: Westwood Estates Crook Property Landscape Buffer Agreement of January 10, 2008
Dear Mr. Justus:
This letter is written to inform you of a determination made by the Director of Community Services,
pertaining to the above referenced matter. Pursuant to the authority granted in Section 29.04 of the
Carmel Zoning Ordinance, I have reviewed the issues and details involved in your Landscape Buffer
Agreement (the Agreement), and find the following:
1. The Landscape Buffer agreed to by the parties in the Agreement (the "Landscape Buffer shall be
approximately six hundred seventy (670) linear feet in length, and consist of a ten foot wide
planting strip of twelve (12) foot tall evergreen trees, of not less than four (4) varying species
planted upon a two (2) foot high earth berm.
2. The Landscape Buffer is hereby determined to be incompliance with the Perimeter Buffering
Requirements found in chapter 26.0 of the Carmel Zoning Ordinance, per the following findings:
a. The Buffer is ten (10) feet in width, consistent with the bufferyard "A" requirement for
single family residential subdivisions.
b. The Buffer is located adjacent to a Legal Drain Easement, thirty (30) feet in width, which
is part of the Hamilton County Surveyor's office Legal Drain system.
c. The combined Buffer/legal drain is forty (40) feet in width which far exceeds the
minimum bufferyard standards per chapter 26.0 of the Carmel Zoning Ordinance for
abutting single family residential subdivisions.
d. The plantings contained in the buffer are twelve (12) foot tall evergreen trees, which far
exceed the normal minimum planting height of residential bufferyards.
3. The Hamilton County Surveyor's office does not allow the planting of trees and shrubs within a
legal drain easement, thus negating implementation of the original landscape buffer condition as
required by the Carmel Plan Commission in connection with the approval of the primary plat of
subdivision of Westwood Estates (docket no. 151 -02 PP).
In consideration of the details above, it is hereby determined that the Landscape Buffer, while located
fully upon the Crook property per the Agreement, is designed to substantially comply with the original
landscape buffer required to be installed by Justus Home Builders, Inc. as a condition to the approval
DEPARTMENT OF COMMUNITY SERVICES
ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571.2417, FAX 317.571.2426
MICHAEL P. HOLL[BAUGH, DIRECTOR
Mr. Walt Justus
Re: Westwood Estates Crook Property Landscape Buffer Agreement of January 10, 2008
Page 2
of the primary plat of subdivision for Westwood Estates by the Carmel Plan Commission
(Commission) and is hereby approved and determined to replace, satisfy and fulfill that condition,
notwithstanding that the Landscape Buffer may be modified, replaced or removed by Mr. and Mrs.
Crook or any succeeding owner of the Crook property.
It is also determined the Landscape Buffer shall fulfill the zoning requirement for perimeter buffering
on the Crook property, or its successors, when or if should a petition for an S -1 Residential
subdivision be submitted for Commission approval.
These Director's determinations may be appealed to the Carmel Board of Zoning Appeals by
you or any other interested party pursuant to Chapter 30.0 of the Carmel Zoning Ordinance.
Such appeals must occur within thirty (30) days of issuance of this letter, or the determinations
are final.
Further, the determinations in this letter shall be presented to the Carmel Plan Commission's
Executive Committee on January 24, 2008, in order that they vote to affirm the determinations, or to
appeal the determinations to the BZA.
If you have any questions, or wish to discuss this matter further, please do not hesitate to contact me at
571 -2422.
Very truly yours,
/V) t
Michael Holliba
Enc. Landscape Buffer plan
Copy: Mayor James Brainard
John Molitor
Douglas C. Haney
Carmel Plan Commission
Adjoining property owners