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Home My WebLink AboutCorrespondence Conn, Angelina V From: Bryan Stumpf [stumpfb @estridge.net] Sent: Tuesday, December 14, 2010 11:18 AM To: Conn, Angelina V Cc: Tim Mcmahon; Bryan Stumpf Subject: FYI: Lincolnshire: Attached are the proposed written commitments Attachments: LS Written Commitments Revised Draftl2- 13- 10.pdf Angie, Attached are the proposed written commitments we drafted after our meeting with the residents last Thursday night. We shared the proposed commitments with the residents yesterday and they discussed them at a resident meeting last night. In the email we received after their meeting the residents did not propose any specific changes to the proposed commitments. Let me know if you have any questions. Thanks, Bryan D. Stumpf, AICP, RLA Director of Community Development The Estridge Companies 14300 Clay Terrace Boulevard, Suite 244 Carmel, IN 46032 317.669.8557 direct line 317.582.2452 fax STATEMENT OF CONFIDENTIALITY: The information in this message is privileged and confidential and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that you are prohibited from disseminating, distributing, or copying the information contained in this message. If you have received this message in error, please notify the sender immediately and destroy all copies of the original message. The Estridge Companies http: /www.estridge.com 1 Conn, Angelina V From: Conn, Angelina V Sent: Friday, December 03, 2010 10:37 AM To: 'Bryan Stumpf' Cc: tmcmahon @fischerhomes.com; Hollibaugh, Mike P Subject: RE: Lincolnshire: Updated application Attachments: RESIDENTIAL ARCHITECTURE DESIGN STANDARDS VER 2.pdf Bryan Just an idea that Mike H had: would you be willing to add our Draft Residential Architectural Design Standards to the commitments? They are attached. -Angie Conn, Planning Administrator From: Bryan Stumpf jmailto:stumpfbestridge.netl Sent: Thursday, December 02, 2010 8:19 AM To: Conn, Angelina V Cc: tmcmahon0fischerhomes.com; Bryan Stumpf; Hollibaugh, Mike P Subject: FYI: Lincolnshire: Updated application Angie, Attached is an updated application for the Lincolnshire commitment amendment. The only change has been to the wording of Commitment Amendment #2 on Exhibit C. Per a discussion with Mike Hollibaugh, he suggested we change the wording from the brand name "HardiePlank" to "fiber cement board" and to add the phrase "or a mixture thereof" to identify that there can be a combination of the permitted materials on the front elevation of the homes. I will be sending the materials for the packets to you later today. Let me know if you have any questions. Thanks, Bryan D. Stumpf, AICP, RLA Director of Community Development The Estridge Companies 14300 Clay Terrace Boulevard, Suite 244 Carmel, IN 46032 317.669.8557 direct line 317.582.2452 fax STATEMENT OF CONFIDENTIALITY: The information in this message is privileged and confidential and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that you are prohibited from disseminating, distributing, or copying the information contained in this message. If you have received this message in error, please notify the sender immediately and destroy all copies of the original message. The Estridge Companies http: /www.estridge.com 1 Conn, Angelina V From: Conn, Angelina V Sent: Wednesday, November 24, 2010 9:34 AM To: 'rorigoldman @gotown.net' Cc: Donahue -Wold, Alexia K Subject: Lincolnshire Attachments: LS Commitment Amendment Application 11- 19- 10.pdf; Commitments 5- 17- 2OO5.pdf; 4 -19 -2005 lincolnshire bldg elevations.pdf Rori Attached is the petitioner's application for a proposed amendment to the commitments. This petition will have a public hearing at the Dec. 14 plan commission meeting which begins at 6pm. Also attached are the existing commitments from 2005 and some of the proposed architectural building elevations from 2005. The entire file from the original approval of Lincolnshire (formerly called Murphy Hall) can be found online at: htto://cocdocs.ci.carmel.in.us/weblink/O/fol/86421/Rowtaspx and you can print documents to .pdf. Have a great Thanksgiving weekend, Angie Conn, Planning Administrator City of Carmel Planning Zoning Division Dept. of Community Services 1 Civic Square, 3rd Fir. Carmel, IN 46032 0: 317- 571 -2417 I F: 317- 571 -2426 1 E: aconn(acarmel.in.aov W: www.carmel.in.aov /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e -mail mss\ s (11 roritpdo400(1 1 Conn, Angelina V From: John Molitor [{moiitor @prodigy.netj Sent: Friday, November 12, 2010 10:59 AM To: Conn, Angelina V Cc: Hollibaugh, Mike P Subject: Re: action requested: Lincolnshire: Attached is the request for administrative interpretation Mike Mr. Stumpf makes a very persuasive case that these commitments should be modified in order to accommodate homes that are substantially similar to the 700 series homes. But he does not make a persuasive case that the commitments do not mean what they say Section 4 says, explicitly, "All homes to be constructed in the Subdivision shall be The Estridge Companies 700 series homes...." It says "shall be There are no exceptions specified, or even hinted at, anywhere in the document. Moreover, there is no ambiguity as to how these commitments can be lawfully modified. The Department of Community Services has no authority to approve a modification of these commitments only the Plan Commission has such power. Section 5 says, "These commitments may be modified or terminated only by a decision of the Plan Commission after a public hearing...." Certainly, the Department has the ability to recommend a modification of the commitments, and even to facilitate prompt consideration by the Plan Commission of a proposed modification say, by suggesting a special meeting of the Commission or its executive committee to conduct the required public hearing. But I would not recommend that you issue any determination, or agree to any "interpretation that would'purportedly allow anything other than the 700 series homes to be constructed, unless the Plan Commission has first duly approved a commitment modification. John From "Conn, Angelina V" <Aconn@carmeLin.gov> To: John Molitor <imolitor(aprodigv.net> Cc: "Hollibaugh, Mike P" <MHollibauah@carmel.in.gov> Sent: Fri, November 12, 2010 10:00:00 AM Subject: RE: action requested: Lincolnshire: Attached is the request for administrative interpretation And here are the commitments, attached. -Angie Conn, Planning Administrator From: Hollibaugh, Mike P Sent: Friday, November 12, 2010 9:45 AM To: 'John Molitor'; Conn, Angelina V Subject: FW: action requested: Lincolnshire: Attached is the request for administrative interpretation John, would you please review this letter from Estridge regarding the commitments for Lincolnshire, and email me when you might have some time to discuss further. Thanks, Mike From: Bryan Stumpf fmailto:stumpfb @estridge.netl Sent: Thursday, November 11, 2010 7:29 AM To: Hollibaugh, Mike P Cc: Bryan Stumpf Subject: action requested: Lincolnshire: Attached is the request for administrative interpretation Mike, 1 E str-idgge ea fs- RECEIVED NOV 15 2010 g h .9 November 10, 2010 JQnc X c,,k Mike Hollibaugh p Department of Community Services Third Floor One Civic Square Carmel, IN 46032 RE: Request for Administrative Interpretation of Lincolnshire Commitments Dear Mike: I am writing to request an administrative interpretation to clarify the written commitments for the Lincolnshire community located at 141 Street and Towne Road. The first sentence under Section 4 of the commitments states, "All homes to be constructed in the Subdivision shall be The Estridge Companies 700 series homes and the average square footage for these homes shall be 2800 square feet and all homes shall have a basement." Specifically, I am seeking clarification of the phrase "The Estridge Companies 700 series homes." This phrase was not intended to be narrowly construed to mean only the 700 series homes available at the time of the zoning approval. Customarily, we use language such as "the homes shall be substantially similar to The Estridge Companies 700 series homes..." This language helps set a standard that in conjunction with the architectural requirements of the commitments establishes the quality of homes in the community while allowing flexibility for the introduction of new home designs meeting these standards. This has already been the case in the application of the Lincolnshire commitments. The City has permitted and we have constructed several new home designs that did not exist when the community was originally approved. The City approved these new home plans because they met the architectural requirements of the commitments. It seems reasonable that homes which are substantially similar to The Estridge Companies 700 series homes and that meet or exceed the architectural requirements in the commitments would be permissible to build in Lincolnshire, even if they did not contain the 700 series title. The intent of the 700 series standard and the letter of the architectural requirements would be upheld. The reason for the request is that another builder is interested in constructing homes along side of us in Lincolnshire. The increase in construction activity would greatly 14300 Clay Terrace Boulevard, Suite 200 Carmel, Indiana 46032 Phone: 317.846.7311 Fax: 317.582.2452 www.estridge.com benefit the neighborhood and the city. As written today, the commitments allow other builders into Lincolnshire, but the commitments may be construed to say the other builders must build Estridge 700 series homes. Our attempt to identify a standard for the community has inadvertently created a possible barrier to the timely completion of the neighborhood. It is worthy to note that Estridge still retains full HOA architectural approval authority over all homes built in the neighborhood and that the proposed plans meet the architectural requirements in the commitments. Please let me know if you concur with the interpretation that homes which are substantially similar to The Estridge Companies 700 series homes and that meet or exceed the architectural requirements in the commitments would be permissible to build in Lincolnshire. If you have any questions on the matter you can reach me at 317-669 8557 or at-stumpfb@estridge.net. Sincerely, t2 Bry D. Stumpf, AICP, RLA Director of Community Development Estridge Development Company cc: file BDS:bds