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HomeMy WebLinkAboutCommitments - DraftSection 1. Cross Reference. COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Page 1 of 5 The Estridge Development Company, (hereafter, "Estridge the manager on behalf of BCE Associates II, LLC the owner of the real estate located in Hamilton County, Indiana, and described in what is attached hereto and incorporated herein by referenced as Exhibit "A" (the "Real Estate makes the following commitments (the "Commitments to the Plan Commission of the City of Carmel (the "Plan Commission These Commitments are made in connection with the approval obtained under Docket Number 10110007CA. Section 2. Exhibits. The following exhibits are attached hereto and incorporated herein by reference: Exhibit "A Attached hereto and incorporated herein by reference as Exhibit "A" is the legal description of the real estate (the "Real Estate Section 3. Definitions. Different words and terms are defined throughout these Commitments and, further, the following definitions shall apply throughout these Commitments: 1. Developer. The term "Developer" shall mean and refer to Estridge and its successors and assigns. 2. Subject Lots. The term "Subject Lots" shall mean and refer to the lots affected by the commitment amendment application filed under Docket Number 10110007CA and described in Exhibit "A rL L2-( -1 O 3. Subdivision. The term "Subdivision" shall mean and refer to Lincolnshire (formerly known as Murphy Hall) which is a plat filed under Docket Numbers 05020019PP and 05020022SW. Section 4. Commitments. In addition to the Commitments currently in place for the Lincolnshire neighborhood and as amended by Docket Number 10110007CA, the Developer agrees and commits to the following: 1. All homes constructed on the Subject Lots shall have: a. overhangs a minimum of eight inches (8 in depth, and b. a minimum of two (2) dusk -to -dawn lights on the garage similar to those on the existing homes in the Subdivision. 2. All homes constructed on the Subject Lots shall have a minimum of a two -car side load garage. Where three -car garages are used, they shall also be side load garage w th the exception of the Andover, Bradford, Compton, and Hayden home designs by Fischer Homes. These four home designs shall be allowed to have a three -car garage design that features two -cars in side load configuration with the third car in a carriage configuration facing the street. \-ctyl-Qir\) 3. The minimum square footage for ranch homes constructed on the Subject Lots shall be _2,400 square feet. This corresponds to the Hayden home design in the Fischer Homes Masterpiece Collection. There shall be a maximum of four (4) Hayden homes constructed on the lots Fischer Homes is pur c 4. The minimum square footage for two -story homes constructed on the Subject Lots shall VkCl `tYL C. vY p rc e eln (Wu 5 Cc 5 exlti, }S be 2,600 square feet. Section 5. Effective Date. The Commitments contained herein shall be effective upon the approval of the commitment amendment application for the Subdivision by the Plan Commission pursuant to Docket Number 10110007CA. Page 2 of 5 Section 6. Recording. The undersigned hereby authorizes the Secretary of the Plan Commission to record these Commitments in the Office of the Recorder of Hamilton County, Indiana. Section 7. Enforcement. These Commitments may be enforced by the Plan Commission of the City of Carmel, Indiana and any property owner within or immediately adjacent to the Real Estate. IN WITNESS WHEREOF, R. Joseph Harrell has caused these Commitments to be executed as of the date first written above. ESTRIDGE DEVELOPMENT COMPANY By: R. Joseph Harrell Corporate Controller Page 3 of 5 STATE OF INDIANA SS: COUNTY OF HAMILTON Before me the undersigned, a Notary Public in and for said County and State, personally appeared R. Joseph Harrell, Corporate Controller of Estridge Development Company, and having been duly sworn, acknowledged execution of the foregoing Commitments. Witness my hand and Notarial Seal this day of December, 2010. My Commission Expires: Residing in Hamilton County Notary Public Printed Name Prepared by: Bryan D. Stumpf, Estridge Development Company, 14300 Clay Terrace Boulevard, Suite 244, Carmel, IN 46032. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless otherwise required by law. Bryan D. Stumpf Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION The real estate affected by said application is described as follows: Lots 4, 7, 9, 17, 20, 28 -33, and 35 as shown on the plat for Lincolnshire Section 1 recorded on February 14, 2006, as Instrument Number 200600007600 in the Office of the Hamilton County Recorder and Lots 41, 44, 47 -52, 54 -56, 60, 66, 67, 69 -71, 77, 78, and 80 -82 as shown on the plat for Lincolnshire Section 2 recorded on June 22, 2007 as Instrument Number 2007034819 in the Office of the Hamilton County Recorder. Page 5 of 5 RESIDENTIAL ARCHITECTURAL DESIGN STANDARDS T Intent Structure and Design Standards and Provisions 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. 12 -3 INTENT The intent of these standards is to provide for high quality, architecturally vaned 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 facade, 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. 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 facade facing the street shall have at least one window. 3. The garage, if front loading, shall comprise no more than 30% 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 made of dimensional shingles, glazed clay, standing -seam metal, slate, or fire protected 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' 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. r- Di2 c Pc wut toub k (Nov.) q) Dec Section 2. reference: per dee./5 2005, COMMJT11'IENrS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE ovix Estridge Development Company (hereafter, "Estridge the contract purchaser of the real estate located in Hamilton County, Indiana, and described in what is attached hereto and incorporated herein by referenced as Exhibit "A" (the "Real Estate makes the following Commitments (the "Commitments") to the Plan Commission of the City of Carmel (the "Plan Commission" Section I. Cross Reference, These Commitments are made in connection with approvals obtained under Docket Numbers 05020019PP and 05020022SW. Exhibits. The following exhibits are attached hereto and incorporated herein by Exhibit "A Attached hereto and incorporated herein by reference as Exhibit "A" is the legal description of the real estate (the "Real Estate Exhibit "B Attached hereto and incorporated herein by reference as Exhibit "B" is the primary plat for a subdivision known as "Murphy Hall Section 3. Definitions. Different words and terms are defined throughout these Commitments and, further, the following definitions shall apply throughout these Commitments: 1. Developer. The term "Developer" shall mean and refer to Estridge and its successors and assigns. 2. Subdivision. The term "Subdivision" shall mean and refer to hich is a plat filed under Docket Numbers 05020019PP and 05020022SW. Section 4. Commitments. The Developer agrees and commits to the following: NY All homes to be constructed in the Subdivision shall be The Estridge Companies 700 series V homes and the average square footage for these homes shall be 2800 square feet and all shall have a basement. The following are additional commitments: 1. Perimeter Lots: Lots 76, 77, 78, 79, 80, 81 and 82, as the same are shown on Exhibit `B are perimeter lots (the "Perimeter Lots and all homes constructed on Perimeter Lots shall have a first floor brick wrap. For all Perimeter Lots, one (1) ornamental tree and one (1) shade tree shall be planted in the rear yard of each Perimeter Lot. 2. Exterior Finish For All Homes: All homes constructed within the Subdivision shall have a front elevation of 100% brick or cultured stone with the exception of the 729, 735 A and C Series homes. The 729, 735 A and C Series homes shall have a front elevation of greater than 75% brick or cultured stone. All homes constructed within the Subdivision shall be prohibited from having exteriors with vinyl siding. All homes constructed within the Subdivision shall have exterior siding contr''ining a wood composite of a Nardi -Flank material or the equivalent. 3. Garages For All Homes. All homes constructed within the Subdivision shall have either a 2 or 3 stall, garage, and said garages shall be either front loaded or side loaded. 4. Roofs For All Homes: All homes constructed within the Subdivision shall have a minimum roof pitch of 6/12, except that porches, bays, bump outs, and dormers may have a lower pitch. All homes constructed within the Subdivision that contain a chimney chase above the gutter line shall be constructed so that the chimney chase is enclosed or the homes may be constructed in such a way that no chimney chase is above the gutter line. Any chimney chase on the exterior side of the home shall be enclosed in brick, stone and/or a stucco material. 5. Windows For All Homes: For all homes constructed within the Subdivision, window grids shall be provided on all windows on all elevations, unless the windows are glass block, basement windows in window wells or leaded glass windows, 6. Front Elevation Architectural Elements For All Homes: All front elevations for all homes constructed within the Subdivision shall contain at least five (5) of the fallowing enhancements: o Dormers o Extended gable rakes o Reverse gable e Covered front porch E Decorative trim on porch 2 Partial brick or cultured stone columns Decorative door surround, trim molding or header Sidelights or Transom Shadow line shingles Accent siding, decorative vents, accent window or Fypon accents in gable peak or face Shutters on windows or trimmed out windows Keystone or decorative brick, wood or Fypon surrounds on one or more windows or doors Bay or boxed out window Decorative roof over garage door Porch railings Varied box outs and building planes Increased use of brick over minimum 7. Rear and Side Elevations For All Homes: All rear and side elevations for all homes constructed within the Subdivision shall contain at least two (2) of the following enhancements, Finished space "pop out" Bay window Decorative trim molding at gutter height Decorative shaped window Donner Varied building places Accent siding Extended rakes Chimney chase Shutters or window trim on all operating windows Shadow line roof shingles Wood deck Screened -in porch or covered porch Brick wrap or brick water table 8. Monotony Code For All Homes The front elevation and the color scheme as a combination, selected for the subject home, shall not be the same combination on any other home within a three (3) home "snapshot" on the same side of the street or immediately across the street from the subject home (the center home of the three (3) home "snapshot"). Further, in addition to the foregoing, each home on each side of the subject home or directly across the street from the subject home shall not contain the same front elevation as the subject home. The foregoing restrictions are depicted on the rendering below. 3 Section 7. Effective Date No home within the distance shown In this diagram should have the same elevation and color scheme as a combination. STREET 4 STREET Mir Muir ANL No home within the distance shown in this diagram should have the same elevation. Section 5. Neighborhood Swimming Pool and Lifeguard The Subdivision shall contain an amenity area that shall include a swimming pool. The Developer and its successors and assigns, including the Homeowner's Association for Murphy Hall, agrees that a lifeguard shall be on duty during all hours that the pool is open for use to the residents of the Subdivision. Section 6. Binding on Successors These Commitments are binding on the Developer, the owners 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 Plan Commission, These Commitments may be modified or terminated only by a decision of the Plan Commission after a public hearing wherein notice as provided by the rules of the Plan Commission has been made. The provisions of this Section 5 notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate hereafter reclassified (rezoned) on the City of Carmel's Official Zone Map to another zoning classification. The Commitments contained herein shall be effective upon the occurrence of all of the following events: 1, The approval of the primary plat and secondary plat applications for the Subdivision by the Plan Commission pursuant to Docket Numbers 05020019PP and 05020022SW; 2, The acquisition of the Real Estate by the Developer or its successors and assigns; and 3. The commencement of the development of the Real Estate in accordance with the approved primary plat and secondary plat applications pursuant to Docket Numbers 05020019PP and 05020022SW, Section S. Recording The undersigned hereby authorizes the Secretary of the Plan Commission to record these Commitments in the Office of the Recorder of Hamilton County, Indiana. Section 9. Enforcement These Commitments may be enforced by the Plan Commission of the City of Carmel, Indiana and any property owner within or immediately adjacent to the Real Estate. IN WITNESS WHEREOF, has caused these Commitments to be executed as of the date first written above. STATE OF INDLAN,A. SS: COUNTY OF Witness ess my hand and Notarial Seal this My Commission Expires: Residing in County ESTRIDGE DEVELOPMENT COMPANY By: Ronald J. Benkert Chief Operating Officer Before me the undersigned, a Notary Public in and for said County and State, personally appeared Ronald J. Beikert, Chief Operating Officer of Estridge Development Company, and having been duly sworn, acknowledged execution of the foregoing Commitments. Notary Public 5 day of 2005. Printed Name Prepared By James E Shinaver, Nelson Frankenberger, 3105 East 98"' Street, Suite 170, Indianapolis, IN 46280. 14- V .Ir11Estridr,0146ih Towne Hoed- Murphyavlciing Commitments O3D3O5.dbc 6 LAND DESCRIPTION (PER S1JRVEY) A part of the East Half of the Northeast Quarter of Section 20, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows: Beginning at the Southeast corner of said East Half; thence South 89 degrees 32 minutes 42 seconds West along the south line of said East Half a distance of 1331,15 feet to the Southwest comer of said East Half; thence North 00 degrees 08 minutes 01 seconds West along the west line of said East Hatf a distance of 1814.26 feet thence North, 89 degrees 32 minutes 42 seconds East parallel with said south line a distance of 1325.68 feet to a Mag nail set this survey and point being on the east line of saki Northeast Quarter thence South 00 degrees 18 minutes 23 seconds East along said east line a distance of 1814.23 feet to the Point of Beginning, containing 55.327 acres, more or less. EXHIBIT