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HomeMy WebLinkAboutApplication: Appeal by Pulted t CITY OF CARMEL BOARD OF ZONING APPEALS APPLICATION FOR ACTION APPEAL REQUEST 1 211 Fee: $148.00 t DOCKET NO. DATE RECEIVED: 1) Applicant: Pulte Group, Inc. and Centex Homes f Address: 11590 N. Meridian Street, Suite 530, Carmel, IN 46032 2) Project Name: Traditions on the Monon Phone: Engineer /Architect: Phone: Attorney: Timothy E. Ochs, Ice Miller LLP Phone: (317) 236 -5952 Contact Person: Tim Ochs Phone: (317) 236 -5952 Email: timothy.ochs @icemille Fax (317) 592 -4720 3) Applicant's Status: (Check the appropriate response) X (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property X (c) Other: Recipient of letter from Director of Community Service 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Centex Homes Owner's address: Same as Applicant phone: 5) Record of Ownership: Deed Book No. /Instrument No. Instrument No. 200500033630 Page: Purchase date: May 2, 2005 6) Common address of the property involved: O Monon Lane, Carmel, Indiana 46032 Blocks 13, 15, 24 and Common Areas A and L of the Traditions on the Monon according to Legal description: the plat thereof recorded as Instrument #2005063263 on September 26, 2005 as amended in Instrument #2005080400 recorded on December 13, 2005- Tax Map Parcel No.: 16- 09- 24- 04- 12- 151.000 7) State explanation of requested Appeal: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this appeal). Sea Exhibit 8) State reasons supporting the Appeal: (Additionally, complete the attached question sheet entitled "Fmdi gs of Fad Appeal"). See Exhibit 9) Present zoning classification of the property: PUD BZA Appeal Application pg 1 rev. 12128/2010 10) Present use of the property: Town Home Development 11) Size of lot/parcel in question 3.3 acres 12) Describe the proposed use of the property Town Home Development 13) Is the property: Owner occupied X Renter occupied Other 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. N/A 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? N/A 17) If the proposed appeal is granted, who will operate and /or use the proposed improvement for which this application has been filed? N/A NOTE: LEGAL NOTICE shall be published in the Indianapolis Star MANDATORY twenty-five (25) days prior to the pubic hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the right of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY -FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all supporting information has been Applicant Signature: f The applicant certifies by signing this appli i n that he /she has been advised that all representations of the Department of Community Services are advisory only and t the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney. BZA Appeal Application pg 2 rev. 12/28/2010 EXHIBIT A Explanation of requested Appeal: Applicant is appealing portions of that certain letter from Michael Hollibaugh, the Director of Community Services of the City of Carmel (the "Director to Mr. Tony Barbee of the PulteGroup, Inc., and Mr. Robert Parker of the Traditions on the Monon HOA, dated October 18, 2011, a copy of which is attached to this Appeal Request (the "Letter Each portion of the Letter which is being appealed and the reasons supporting each portion are listed below. The sections appealed are listed in the order in which they appear in the Letter and are referenced using the same headings as the Letter. State Reasons supporting the Appeal: 1. Section 2A The Director has no authority under Carmel Zoning Ordinance, the PUD Ordinance for the Traditions on the Monon (the "PUD Ordinance or any other Ordinance of the City of Carmel to require the repair of cracks in the curbing. The curbing was properly installed, and cracking is normal for concrete. Moreover, much of the curbing referenced in the Letter is many years old, and the responsibility for maintenance is that of the homeowners association. No basis exists for this determination. 2. Section 2B The Applicant appeals the determination in the second part of Section 2B which would require that the driveway pad to each unit in Building 7 be reinstalled to the concrete flush with the asphalt pavement of the drive lane, and that new concrete driveways be installed to be flush with the existing finish asphalt. Again, there is no standard or requirement in the PUD Ordinance or the Carmel Zoning Ordinance to support this determination. The Director does not have rule making authority, nor does he have the ability to promulgate standards. This ability is solely within the discretion of the duly elected legislative body of the City of Carmel. Ad hoc rule making is illegal and inappropriate. 3. Section 2C The Applicant appeals the determination in 2C that the edge between the asphalt and turf be improved by establishing a uniform clean, defined edge of pavement and the establishment of turf in those areas. Absolutely no basis in the PUD Ordinance or the Carmel Zoning Ordinance exists for this determination. While a straight edge may be aesthetically pleasing, the Director does not have any authority to make such a requirement. 4. Section 4B The Applicant appeals the determination in Section 4B. All landscaping required in these areas under the PUD Ordinance were properly installed and survived for a period of at least one year. Section 8.2 of the PUD Ordinance states that owners or their agents are responsible for insuring proper maintenance of project landscaping. This includes replacing of dead, diseased or overgrown plantings. The Director does not have the ability and authority to determine that the Applicant and not the HOA is responsible for the replacement of the landscaping. The responsibility to replace the identified landscaping is that of the homeowners association, not the Applicant. 5. Section 4C The Applicant appeals the determination in Section 4C. All landscaping required in these areas under the PUD Ordinance were properly installed and survived for a period of at least one year. Section 8.2 of the PUD Ordinance states that owners or their agents are responsible for insuring proper maintenance of project landscaping. This includes replacing of dead, diseased or overgrown plantings. The Director does not have the ability and authority to determine that the Applicant and not the HOA is responsible for the replacement of the landscaping. The responsibility to replace the identified landscaping is that of the homeowners association, not the Applicant. 6. Section 4D The Applicant appeals the determination in Section 4D. Nowhere in the PUD Ordinance or the Carmel Zoning Ordinance do any standards exist with respect to the placement of mulch around shade trees. The Director simply lacks authority to make any determination, let alone one that splits the cost. A problem may exist and splitting the cost may even seem like a fair solution to some people, but this completely misses the point. The Director cannot make such a determination in the first instance since he cannot make rules or regulations. 7. Sections 5A, 513 and 5C The Applicant appeals the determination in Sections 5A, 513 and 5C. The Director admits in the Letter that, "The PUD Ordinance for the Traditions does not provide precise design specifications for an irrigation system, nor does it require a plan submittal from which an objective evaluation can be made." Despite this, the Director still provides three determinations with no apparent authority. While the PUD Ordinance does require an irrigation system, standards do not exist and an irrigation system was installed. Indiana law is clear that development standards or requirements must be sufficiently definite to be understood with reasonable certainty. The City Council was certainly allowed to exercise discretion with regard to the development requirements when the PUD Ordinance was created, but any requirements adopted by the Council must be sufficiently definite to be understood with reasonable certainty or they are not enforceable. See, Hendricks County Board of Commissioners v. Rieth -Riley Construction Company, 868 N.E.2d 844 (Ind. Ct. App. 2007); citing, T. W. Thom Const., Inc. v. City of Jeffersonville, j`ersonville, 721 N.E.2d 319, 327 (Ind. Ct. App. 1999). As the Director admits, this standard was not met in the PUD Ordinance. The Directors determination, therefore, is arbitrary and capricious since it has no legal basis. October 18, 2011 Mr. Tony Barbee PulteGroup. 11590 N. Meridian Street Suite 530 Carmel, IN 46032 Mr. Robert Potakar Traditions on the Monon HOA Smoky Row Carmel, IN 46032 Re: Traditions on the Monon Zoning and quality construction issues. Dear Mr. Barbee and Mr. Potokar: This letter is to inform you of a determination made by the Director of Community Services, pursuant to the authority granted in Section 29.04 of the Carmel Zoning Ordinance, on the above referenced matter. I have reviewed in detail the issues surrounding each complaint raised in the "Traditions on the Monon Defects List" dated of August 29, 2011. After careful review and analysis, including consultation with DOCS staff, Department of Engineering personnel, and outside experts, I conclude the following: 1. Banked Parkine Area A new parking area was constructed by PulteGroup (Pulte) in response to a complaint by the Traditions HOA (HOA), per their previously submitted "Transition Report" of August 2010, and subsequent action by the City of Carmel. This parking area was constructed in a location and of a configuration consistent with the Development Plan for the project. The HOA has identified in the HOA "Defects List" (Attachment A) four complaints to this parking lot construction, as follows: The parking area is not curbed The parking area needs light pole The parking areas drainage design should require an overflow curb The parking area guard rail needs painted Determination: A. The parking lot was constructed without curbing pursuant to the Carmel Zoning Ordinance requirements. It is determined that the developer shall install approximately one hundred sixty (160) feet of curb along the sides of the eastern part of the lot, according to the standards of the Department of Engineering. B. The installation of a light for this area, while helpful for safety and security, is not a requirement of City ordinances or of the PUD, and shall not be required. C. The installation of an additional overflow curb adjacent to the retaining wall will not result in an improvement to the drainage design and shall not be required. Division of Planning Zoning One Civic Square Carmel, fN 46032.317 5712417 Michael P Hollibaugh, Director Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 2 D. The guard rail design must be completed, including installation of additional segments of missing rail material, approximately eight (8) boards. An additional coating of black paint shall be applied to the railing already in existence, with additional paint required for the newer sections. Upon completion of the above, the surety in place to ensure proper parking lot installation will be released 2. Streets and Curbs A lengthy list of pavement defects was presented by the HOA in the Traditions on the Monon Transition Report of August 2010. While a number of the defects listed have been repaired by the developer, there are nine items identified in the HOA "Defects List' of 8/29/11. Since that list was issued, the Department has found seven items which remain incomplete or unresolved: Street Curb cracks 20 Bldg 15 No concrete curb on road end 36 feet 9th Street NW West end north side no curb =114 feet 11th Street NW East end no curb 45 feet Monon Lane East end no concrete curb 66 feet Monon Lane No street name sign has been installed Bldg 7 Finish asphalt top coat missing Bldg 14,15 Finish asphalt top coat missing Determination: A. The presence of 20 remaining cracks in the curbing has been identified and categorized as to their severity by the City Engineer. The repair of those cracks is essential to the longevity of the improvement, and for proper conveyance of storm water. The repair of all curbs with cracks rated as "category 2, 3, 4, and 5" shall be required according to the standards of the Carmel Department of Engineering. B. The HOA identified that "finish asphalt top coat is missing from the areas around Building 7, on 3' Ave. NW, and from the private drive servicing Buildings 14 15. Finish asphalt has been installed throughout the project, including the areas identified by the HOA. The addition of more pavement in the area of Building 7 will likely have a negative effect on drainage in this area, and shall not be required. However, it is observed that the concrete drives for Building 7 have been installed with a finished grade approximately 1" above finished pavement, creating a problem for maintenance, current and future. Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 3 In order to repair this, the driveway pad to each unit in Building 7 shall be reinstalled so the concrete is flush with the asphalt pavement of the drive lane. This shall be in the form of an entirely new driveway or a pad renovation by saw cutting and removal of the existing concrete drive in the location of the mid -point control joint and new pour to proper elevation. New concrete driveways shall be poured to be flush with the existing finish asphalt, consistent with other areas throughout the project. A similar issue occurs in the area of Building 14 15, where the offset between the concrete drive and top of asphalt is a maintenance problem and not consistent with the standard for the property. This is especially evident at Building 14 where the joint between asphalt and the concrete driveway holds sufficient moisture for moss to grow. This area shall be repaired by the builder either through milling of existing asphalt and the laying of new asphalt to the level of the drive, or through the reconstruction of driveways, as detailed for Building 7. C. The HOA identified the need to install curbs at the ends of drive lanes in four locations. It is determined that the pavement design in those areas is per the approved plan for the project, that the installation of curbs will have a detrimental effect on the conveyance of storm water in those areas and shall not be required. However, in the four identified locations the pavement/turf transition, i.e. the edge between asphalt and turf, shall be improved by establishing a uniform clean, defined edge of pavement, and through the careful establishment of turf in those areas, including: proper soil preparation, removal of stones from the soil; placement of additional top soil as may be required; seed application and mulching with clean straw. 3. Landscaoine and Grounds A lengthy list of grounds and landscaping issues was presented by the HOA in the "Traditions on the Monon Transition Report" of August 2010 (Attachment B). While a number of the issues identified previously by the HOA have been fixed by the developer, there were nine items identified in the HOA "Defects List' of 8/29/11. Since that list was issued, there are six HOA items which remain unresolved. Bldg 21 Sod missing Southwest corner by road 11 street NW Sod missing east end All Grounds remove all plastic utility warning posts, white, yellow North Retaining wall back fill with soil and sod 114 ft. x 8 ft. New East Retaining Wall Insufficient adhesive on cap row Monon entry sidewalk needs fill dirt on sides Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 4 Determination: A. The missing sod in the area adjacent to Building 21 was primarily a result of construction for the overflow parking. Since completion of that construction the irrigation to that area has been restored and the grass has begun to grow in. It is determined this area, between Building 7 and Building 20, shall require a comprehensive re- seeding effort by the Pulte including proper soil preparation, seeding and straw mulch application. This shall occur following installation of curbing for the new parking area. B. Other areas throughout the project that shall require a comprehensive re- seeding include: the area surrounding the new parking lot adjacent to Building 9; the common area in SE corner of traffic circle (between Buildings 14 and 15); the lawn area along the eastern side of the subdivision, especially in the common area east of Building 14; the end area between Building 16 and 17; the end area between Building 18 and Building 23. C. Sod replacement was attempted by Pulte during the summer months in areas where mail boxes were installed and areas where metal fencing was erected. It is determined that replacement sod shall be installed by Pulte in areas where it was previously installed and failed during the dry summer months. D. Portions of the North Retaining Wall were reconstructed to correct outward shifting. The HOA Defects List identifies "back fill and sod issues" which, upon inspection, are unidentifiable and shall not require repair by Pulte. E. Portions of the East Retaining Wall were reconstructed to correct outward shifting. The HOA Defects List indentifies insufficient adhesive on the wall's cap row. Our inspection found at least one cap stone has been removed and left unattached, showing a minimum amount of adhesive used to complete this repair. Other stones were found to be loose and easily moved. The east wall cap row stones shall be repaired by Pulte, including a pre repair inspection by City and Pulte, and cap stones re- adhered by Pulte per manufacturer's specifications. F. The HOA has requested the area immediately adjacent to their Monon Greenway egress walk be filled by Pulte, citing a safety issue. The egress walk is currently a seven foot wide concrete walk with drainage tile. The filling of the Monon egress point, already initiated by the HOA, shall not be a requirement of Pulte. Fill dirt by the HOA must be removed by the HOA, or its installation approved by the City Engineer and the Parks Department. Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 5 4. Landscape Audit. A separate landscape audit has been conducted by the Department of Community Services beginning in November 2010, updated over the course of spring and summer 2011, and finalized in October 2011. The DOCS audit was used to compare with a similar audit performed by the Tradition HOA, dated August 2011. Full Landscape inspection reports can be found in Appendix C. A. Driveway landscaping Inspection report: Spec es to MJtm rest of building Determination (Driveway plantings): Replacement by Pulte of missing and dead driveway plant material for all buildings. Replanting or replacement by Pulte of material noted as improperly installed. Missing- Dead /Installed Improperly (II) Bullding 1 3 grass 1 yew Building 2 2 arborvitae 4 yew (3 ll) Building 3 2 arborvitae 6 grass 2 yew Building 4 1 grass 1 yew Building 5 4 grass 1 yew Building 6 3 grass Building 7 Building 8 4 grass 3 yew (3 II) Building 9 3 grass Building 10 2 yew (1 II) Building 11 4 grass Building 12 Building 13 3 arborvitae i bayberry Building 14 2 arborvitae 2 grass Building 15 2 arborvitae Building 16 Building 17 2 arborvitae 1 grass Building 18 1 yew (ill) Building 19 1 grass 1 yew Building 20 2 grass Building 21 Building 22 1 yew Building 23 TOTALS 13 arborvitae (M -D) 34 grass (M-D) 17 yew(9 M-D)(8 ll) /1 bayberry(1 M -D) Spec es to MJtm rest of building Determination (Driveway plantings): Replacement by Pulte of missing and dead driveway plant material for all buildings. Replanting or replacement by Pulte of material noted as improperly installed. Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 6 B. Foundation landscaping Inspection report: Building 13 2 yew; 1 spirea; 1 weigela Building 14 2 holly; 4 boxwood; 1 burning bush Building 15 —1 boxwood; 1 burning bush; 1 spirea; 1 maiden grass; 1 day lily Building 16 3 yews; 3 spirea Building 17 —1 weigela; 2 maiden grass Building 23 —1 burning bush; 1 bayberry Building 7 —1 barberry Building 11— 2 barberry Building 20 —1 boxwood; 1 euonymus; 1 burning bush; 1 spirea Determination: Replacement by Pulte of missing and dead plant material installed with construction in 2009 or later; Buildings 23, 17, 16, 15, 14, and 13. Replacement by Pulte of missing and dead plant material installed with buildings constructed without irrigation system: Buildings 7, 11, and 20. C. Common Area Inspection report: NE Corner (bldg. 23 and 18) 1 crab apple 4 arborvitae Funeral Home Parking area (bldg. 17 and 16) 5 arborvitae C.A. SE Corner 3 rd Ave and 10"' Street (bidgs 14 and 15) 1 crab apple Center Green north half (bldgs 11 and 7) 2 red maple Building 8 east fagade, south comers) 1 oak SE Corner (by Duke substation) 6 arborvitae (top of wall) 2 arborvitae (foot of wall) Determination: Replacement by Pulte of dead common area plant material noted above. Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 7 D. Tree mulch. It has been reported by the HOA and observed by DOCS that most shade trees and ornamental trees have been over mulched, creating a problem described as "volcano mulch which builds up a high level of mulch around the trunk, which encourages insects and moisture related maladies. The practice occurred while the HOA was operated by the developer, and has continued under the management of the residents. The cost for repair is estimated to be twenty dollars ($20) per tree. Determination: The cost for repair of 110 trees shall be split equally between the HOA and Pulte, amounting to $1100 each. E. Mulch bed restoration. There are many areas across the property where drainage improvements were made at the HOA's request, involving the removal of black corrugated drainage pipe was removed from the gutter /downspout drainage system, then replaced with river stone and downspout troughs. Across the property are the remnants of this pipe removal which were left unfinished, in many cases creating erosion channels, but, in general the result is an eight or ten inch channel which needs to be backfilled and mulched. Determination: Pulte shall restore all mulch bed areas where the repair need exists, with a level of detail indicating care for a quality outcome. Upon completion of Landscape items A E above, the surety in place to ensure proper landscape installation will be released. 5. Irrigation System. A separate Irrigation System audit was conducted by the Department of Community Services over the course of summer 2011, and finalized in October 2011. The DOCS audit utilized the August walls -thru; the HOA report titled "Traditions on the Monon Irrigation Repair List" (the List), personal field observation, the as -built irrigation plan prepared by Irrigation Design Source for Pulte and general assistance from Automatic Irrigation, Fishers, Indiana. The List submitted by the HOA following the August walk -thru detailed offered thirty-six (36) specific recommendations for improvements to each of the forty -three (43) zones in the system. The List was subsequently reviewed by Pulte who responded by resolving eighteen (18) of the recommended changes, and concluding that many of the actions were HOA responsibility, or not required by the PUD. Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 8 The PUD ordinance for Traditions does not provide precise design specifications for an irrigation system, nor does it require a plan submittal from which an objective evaluation can be made. The irrigation system audit is complicated by as -built plan which accounts for only forty (40) zones of the forty -three (43) zones, and does not indicate the recent updates from the parking construction, and/or subsequent resulting irrigation adjustments. It is apparent from field inspection and review of the as -built plan the installed irrigation system provides coverage to the vast majority of the property, including lawn areas and landscape beds. There are foundations plantings for buildings 7, 11 and 20 where irrigation conduit exists but irrigation hardware was not provided. This is in contrast to a community standard for landscaping foundation areas found at all other buildings within the property. It is generally observed that the opportunity is without a location where a garden hose may be used to water common area plants in parts of the property without irrigation, such as along the eastern edge of the property where a number of plants have been lost likely to drought. The neighborhood also appears to be challenged by a conflict between pet ownership and availability of greenspace on the property. There are many areas where the turf and shrubbery have been damaged by animal urine, as well as areas where animal feces had not been cleaned. This HOA management issue conflicts with proper landscape maintenance and degrades the positive effects from the irrigation system, in some cases obfuscates the system effects completely, and in general undermines efforts to improve the quality of the landscape. Determination: A. Irrigation system shall be installed by Pulte for foundation planting bed, Buildings 7, 11 and 20. B. The Irrigation As -Built drawing shall be updated by Pulte to include the over -flow parking areas, the irrigation adjustments, and missing zones, 41, 42 and 43. C. The irrigation plan may need to be amended, following review of the updated Irrigation As -built plan to ensure a high level of coverage in the amended areas noted above. Upon completion of Irrigation System items A C above, the surety in place to ensure a proper irrigation system installation will be released. The Director's determinations in this letter may be appealed to the Carmel Board of Zoning Appeals by you or any other interested party pursuant to Chapter 30.0 of the 21 7/17/11 NW retaining wall has improper placement of geo grid Buiiding Defects 22 7/1/11 Bldg 7 W end Gas meters hanging at 30 degree angle 23 7/18/11 Bldg 16 W end Gas meter hanging high in bldg window 24 7/14/11 Bldg 7 N end Gas Meter Manifold support missing 25 6/30/11 All Bldgs all Front Door caulking installed incorrectly 26 7/3/11 27 7/18/11 28 7/8/11 All Bldgs front door Threshold no caulk at bottom by concrete All Bldgs Front Door decks lack sealant by bldg wall Type Puite Traditions on the Monon Defects List Notes PUD Violation Updated 8 29 2011 No. Date Defect Description Not Required IN OUT HOA Maintenance PUD Violation Not Required Banked Parking Defects 1 7/20/11 Banked Parking not curbed 2 7/20/11 Banked Parking lot needs Light Pole 3 7/20/11 Banked Parking (catch basin) overflow curb 40 feet 4 7/20/11 Banked Parking Wood Guard Rail Seal Paint coat Street and Curb Defects 5 7/3/11 10th NW South side by funeral home Sidewalk Crack 6 7/3/11 Street Curb cracks 20 7 7/21/11 Bldg 15 No concrete curb on road end 36 feet 8 7/20/11 9th Street NW West end north side no curb 114 feet 9 7/20/11 11th Street NW East end no curb 45 feet 10 7/20/11 Monon Lane East end no concrete curb 66 feet 11 7/25/11 Monon Lane No Street Name Sign 12 7/3/11 Bldg 7 Finish Asphalt Top Coat missing 13 7/3/11 Bldg 14, 15 Finish Asphalt Top Coat Missing Grounds Defects 14 7/13/11 Bldg 21 Sod missing Southwest corner by road 15 7/13/11 11 street NW Sod missing east end 16 7/14/11 All Grounds remove all plastic utility warning posts, wht, yellow 17 7/17/11 North Retaining wall back fill with soil and sod 114X8 feet 18 7/20/11 New East Retaining Wall Insufficiet adhesive on cap row 19 7/20/11 Missing Shutters 2 sets of 2 shuttlers each ground floor 20 7/20/11 Monon entry sidewalk needs fill dirt on sides 21 7/17/11 NW retaining wall has improper placement of geo grid Buiiding Defects 22 7/1/11 Bldg 7 W end Gas meters hanging at 30 degree angle 23 7/18/11 Bldg 16 W end Gas meter hanging high in bldg window 24 7/14/11 Bldg 7 N end Gas Meter Manifold support missing 25 6/30/11 All Bldgs all Front Door caulking installed incorrectly 26 7/3/11 27 7/18/11 28 7/8/11 All Bldgs front door Threshold no caulk at bottom by concrete All Bldgs Front Door decks lack sealant by bldg wall Type Puite Landscape ISSUE Notes PUD Violation Not Required PUD Violation Not Required Code Violation Not Required Quality issue HOA Maintenance Quality issue Complete Landscape ISSUE Not Pulte Quality issue Responsibility PUD Violation Not Required PUD Violation Not Required PUD Violation Not Required PUD Violation Not Required Quality Issue Pulte will install PUD Violation Complete PUD Violation Complete Landsca a ISSUE p soa vnu oe resmtauea as previously stated. Will Landscape ISSUE commence mid to late Not Pulte Quality Issue Responsibility Code Violation Is backfilled properly PUD Violation Has been re- adhered If missing, Pulte will Quality Issue install Code Viloaton Not Required Carmel perfromed PUD Violation construction inspection Quality issue Code Violation Code Violation Quality issue Quality issue Quality issue Bldg 4,5 2 units Sidewalk cracked (settling from threshold Quality issue 29 7/14/11 Bldg 3 Unit 15 Major foundation Settling /Exterior bldg cracks Code Violation Meters installed by utility company not Pulte responsibility Meters installed by utility company not Pulte responsibility Meters installed by utility company not Pulte responsibility Not considered by Pulte to be a building defect Not considered by Pulte to be a building defect Warranty Period for settlement is 2 years from original closing date these buildings are past the warranty period Under review issue to be inspected by a structural engineer Cost to Remedy 3080 5000 880 500 300 2000 792 2508 990 1452 1000 3500 7000 300 200 300 3000 500 200 2000 5000 500 500 200 6300 3150 3150 200 10,000 30 7/14/11 31 7/14/11 32 7/14/11 33 7/19/11 34 7/19/11 35 7/19/11 36 7/25/11 Bldgs 18, 19 Concrete drives have surface flaking 37 7/20/11 Bldgs 4,5,6 Standing water sidewalks and mulch beds Repairs still in Bldgs 21,22,23 Standing water, mold, ice on sidewalks 39 7/25/11 progress as we are 40 8/8/11 Relocate 11 satelite Dishes from balconies to Roof able to gain access to years of the original the homes Pulte buildings are past the onsite field Warranty period and representative is does not warrant a sending requests for repair according to the Quality Issue owner contact Site Drainage is information to Aleta warranted by the Wilson Property All Bldgs Roof Soil Pipes length Code Violation Manager warranty period for Complete per HOA Code Violation expired. turnover inspection All Bldgs Dryer Vent Lint Screens not Removed Code Violation item response sheet Quality Issue Complete Complete per HOA Not Pulte responsibility turnover inspection All Bldgs Leaning Furnance Flue Pipes =15 total Code Violation item response sheet missing Pulte will Quality Issue Complete per HOA TOTAL turnover inspection All Bldgs HVAC units missing rock (7/18 10 bldg ends noted) Code Violation item response sheet Complete per HOA turnover inspection All Bldgs service wiring not bundled, cable tied, 7/18 Total 15 Quality Issue item response sheet Cracks exceeding 1/4" in width will be Cracked Concrete Drives Bldg1 =3 Bldg 9 =2 Bldg 2 =1 Bldg 11 =1 repaired per the Warranty during the first 2 years from the Quality issue original closing date. Bldg 3 =1 Bldg 5 =1 Bldg 6 =2 Bldg 8 =1 Bldg 15 =1 Total =12 Bldgs 18, 19 Concrete drives have surface flaking 37 7/20/11 Bldgs 4,5,6 Standing water sidewalks and mulch beds 38 7/20/11 Bldgs 21,22,23 Standing water, mold, ice on sidewalks 39 7/25/11 All Bldgs Roof fasia boards have "unpainted" bare ends 40 8/8/11 Relocate 11 satelite Dishes from balconies to Roof 41 8/18/11 Bldg13,14 Missing wood Molding Trim on Bay windows 3450 6900 7500 1750 1125 60,000 2000 9386 11268 900 1650 500 170931 Performance Standard per the Warranty is 50% of the surface area affected within 2 years of the original closing date. These buildings are past the Warranty period and severity of the issue does not warrant a repair according to the Quality Issue performance standard. Site Drainage is warranted by the builder for a period of 2 years. The 2 year warranty period for these buildings is Code Violation expired. Agreed upon work Code Violation completed Quality Issue Complete Quality Issue Not Pulte responsibility New item Pulte will review and if trim is missing Pulte will Quality Issue install TOTAL 3450 6900 7500 1750 1125 60,000 2000 9386 11268 900 1650 500 170931 Traditions on the Monon PUD Based Issues HOA September 2nd, 2010 HOA Transition Report Carmel PUD Z- 464 -04 Issues 1.0 -1.7 Parking Section 11 Issue 3.12 Parking Stripping Section 14.2J Issues 2.0 -2.1 Irrigation Section 8 Issue 3.0 East Retaining Wall Section 14J Issue 3.1 Drainage Section 14 J Issue 3.7 Mailbox Tipping "Liability" Issue 3.10 Asphalt Top Coat Section 14.2J Issue 3.11 Street Signage Section 14.2J Issue 3.13 Culvert Drainage Section 14.2J Issue 4.0 Landscaping Section 8 Issue 4.1 Landscaping Section 8 Issue 4.2 Proper Planting Section 8 Issue 4.3 Dead Tree Removal Section 8.6 Issue 5.0 HOA Accounts Audit Section 12.1 Issue 5.1 HOA Records Transition Section 12.1 Traditions on the Monon Planned Unit Development District Carmel, Indiana August 18, 2010 Background The Common Council of Carmel Indiana created the Traditions on the Monon as a Planned Unit Development District on December 20th 2004 Ordinance No.Z464 -04. A complete copy is located in the Appendix PUD Z464 -04. The development statement presented to the council defined Traditions on the Monon as "high -end, classic- styled townhome units to be arranged along Intimate streets, landscaped courtyards, and along the Afonon Trail." Centex Homes was the original developeribuilder and promptly started construction of the Planned Unit Development District (PUD). Pulte Homes took ownership of the development/builder role by simple purchase of Centex's business interests nationwide during fourth quarter 2009. By the spring of 2010 Pulte had functionally assumed their management role at Traditions on the Monon. On 10/14/05 the Traditions on the Monon Home Owners Association (HOA) had been initiated and recorded with the State of Indiana. Timothy McMahon of Centex was President of the HOA. Omni Management Services of Indianapolis Indiana was selected as the HOA company. Omni remains as the management company currently. During May of 2010, Omni Management Services notified the Tradition on the Monon homeowners that the developer's Declarant Control Period had ended based on the percentage of the total town home units now owned by individuals. At this point the home owners were required to elect per the by -laws a new set of five officers to manage the HOA. Officers were elected at an official HOA meeting on Thursday May 13th 2010. By July 6th 2010 the new officers were recorded with the State of Indiana Robert Potokar as President and Victoria Mandras as Secretary. At this point Pulte Homes had one remaining building of 5-7 units to build. They had completed 17 of the 18 buildings which represented 119 townhome units. The final building, now under construction, will have 7 town home units for a final total of 126 town homes in the PUD. HOA Transition Process The May 2010 HOA election marked the beginning of a "transition' from a developer controlled HOA to one controlled by the individual home owners The new HOA Board immediately found itself deluged with homeowner complaints, questions, and concerns. Obviously and quite naturally the developer and the homeowners will very often view situations from different perspectives. This can obviously be accentuated by an environment of slow or inadequate service response to homeowner's warranty claims or problems as was the case at the Traditions on the Monon development. The first case in task for the new Board was to request a formal transition process. This would generally be defined as an organized and formal transfer of the HOA's business such as, but limited to a financial audit, meetings minutes, key problem areas, legal issues etc. No formal or organized HOA transition was proactively offered of located. Of greater concern was the lack of any real interest on the part of the previous HOA officers, Omni Management Services, nor Puke lo develop a formal transition of the HOA's business. DevelopedBuilder Build Out Transition Process Concurrent and directly related is the fact that PULTE homes is in the final build out phase of Traditions on the Monon. With the completion and sales of the units of Building 13, the development will be finished. Many builder issues had been brought to the attention of the new Board concerning the condition of the buildings and grounds. Pults Homes was approached to determine if they again had a formal build out transition process. The answer was no. A walk through meeting of HOA Officers (Potokar, Sharp) Omni (Andrea Wilson) and the Pulte (Matt Lohmeyer) on May 4N produced a list of 8-10 development wide defects that was all that remained to be done". This was deemed inadequate and Pulte (Matt Lohmeyer) committed to having an Pulte Area Engineer prepare a complete punch list the following week. No complete punch list was sent. The Board concluded that even with the absence of a formal developer transition process upon build out and a builder's prepared punch list that co- operation in this area was going to be limited on the part of Pults. It is also important to acknowledge that the City of Carmel has no formal "transition' or "turn over process for their Planned Unit Development Districts (PUD). We are unable at this time through conversations with the City of Carmel and City Council to determine how in fact the Tradition on the Monon PUD ordinance is to be enforced as passed. Need for Traditions on the Monon DefeetsiDeficiencies Audit Given the situation that no one party was stepping forward to prepare an audit and a transition process the Board took action. It appears that the town home owners may find themselves liable, financially and otherwise, to unregulated actions of the developer and a developer controlled HOA. Therefore, the new HOA Board concluded based on: the absence any orderly and formal transition process the discovery from recent Board due diligence the potential current and future financial exposure of the HOA (home owner's dues) that the home owners of Traditions on the Monon will required a more formalized audit of all the defects and deficiencies currently present at the development. This document is the basis and beginning of an orderly and formal turnover of the development from the builder to the home owners. It is designed to be useful and promote a positive and healthy dialogue between Pulte Homes, the HOA, and the City of Carmel. The Audit is organized into five sections for easy discussion and resolution of the issue or deficiency. Section 1 Parking deficiencies and Congestion Section 2 Irrigation System Defects Section 3 Building and Infrastructure Defects Section 4 Landscaping Plan Defects Section 5 HOA Funds Management Discrepancies Appendix Summary It is genuinely expressed that all of these parties have the same intent In mind to deliver the community defined in the PUD as "high -end, classic- styled townhome units to be arranged along Intimate streets, landscaped courtyards, and along the Monon Trail." The intent is that this initial audit provides a professional approach and base document to achieve our common goal of providing a Carmel community of which we can be very proud. Traditions on the Monon HOA Turnover Inspection Items Response Status Pulte Agreed to Correct Completion Description of Issue Pulte Response Status Date Air Conditioning Units not level do not Proper clearance specified by manufacturer not met in Complete have the proper clearance from buildings many units throughout the community. Pulte will correct and other A/C units this Issue and level the units as the work Is done to achieve proper clearance. In some areas this will require a April 11th Some dryer vents thru roofs have screens This is a building code violation Pulte will correct this Complete March 25th Furnace flue pipes exiting thru roofs are Pulte will correct leaning flue pipes and secure Complete April 15th Unbalanced temperatures on lower level of Pulte has agreed to correct this concern according to the Work complete In units where townhome units Warranty. Any homeowner experiencing this Issue and service was requested. feels they are missing a cold air return vent for the lower Work completed level of their unit can contact us at 866 -501 -2854 and we as requests are will schedule an appointment to evaluat their c oncern. received Some plumbing vent pipes thru roof do not Pulte will correct Most units are complete. Still meet the 12" clearance code requirement have some to correct and on these we have contacted the homeowners, but received no response so we will continue to try to arrange a time with the homeowners to make the repalrs. May 1st Mailboxes not Installed per manufacturer's Pulte will change the installation of the mailboxes so that HOA requested that mailboxes at specifications each unit is supported by 2 black metal decorative posts. round -a -bout be relocated. Pulte Posts will be attached to a concrete footing extending agreed to do this. Work is below the frost depth. complete May 1st Surface drainage between Buildings 17 18 Pulte agreed to add drain tiles from each downspout that Drain tiles have been installed. tie Into drain tiles along the sidewalk to collect and carry water to the storm structures at each end of these buildings. Surface drains In sodded areas were agreed to April 11th Remove bubbler drains buried at Pulte agreed to do this work to help alleviate the Bubblers have been removed, downspout locations and Install landscape maintenance issue of clogged bubbler drains. Intent is to landscape stone and splash rock in the splash area. During on site allow downspouts to drain without Interference of blocks are installed. Elbows have meeting on March 23rd between Tom bubblers so that the water can drain away from the been added to the end of Sharp and Mike Barden Tom requested buildings. This should also help with the HO A's concern of downspouts where bubblers were May 1st Change downspout locations where Pulte agreed to correct Complete downspouts discharge directly onto front April 18th Some sections of brick veneer on Building Pulte agreed to correct Complete #20 need cleaned of excess mortar March 1st Loose trim pieces at south dormer of first Pulte agreed to correct Complete April 25th Replace glass with failed seal at dormer Pulte agreed to correct Complete May 1st Excess low voltage wiring Centex installed low voltage wires from the interior of Complete each unit to the exterior of the builidng to allow for future connection by phone cable utility companies. In many cases the utility company did a sloppy job of connecting utility wires to wires provided by the Builder. This result is not the Builder's responsibility and no action will be taken. For wires provided by Centex that were left unused, Pulte agrees to have a contractor coil up and zip -tie these wires to keep them organized, but still available f future March 25th Front yard lights are wired without conduit Puite agreed to correct Complete near front entrance east wall April 15th Exterior penetrations not properly sealed Pulte agreed to correct hole In brick veneer noted in photo Complete k3 on Inspetion report March 1st Gaps in trim near door openings Pulte agreed to fill excessive gaps with d monic caulking Complete April 25th Concerns Declined b o"oription of ftsm Rusting exterior gas piping to buildings Add guttering to eyebrows Buildings for consistency Pulte PuRe Response ran gas meters Rusting exterior gas pipes Is a maintenance item. No a ction to be taken. Of to guttering at roof valley )ulte acknowledges that guttering throughout the ;ommunity Is Inconsistent, however we feel that adequate ;uttering has been installed to meet the intent of :ollecting raln water from the roofs of the building and directing It toward the ground for surface drainage. It is not uncommon for a builder to make product and design HOA requested that Pulte add the diverters as a way of improving the ice build up concern. Ice build up in gutters Is not something that Pulte is responsible to control, nor do we aeree that the diverters will Im prove the issue. Traditions on the Monon Foundation Piantinits Blda.1- Front and Sides 1- Holly 1- Yew 1- Viburnum Bldg. 2 Front and Sides 2 Viburnum Bldg. 4 Front and Sides 1- Burning Bush Bldg. 6 Front and Sides 1- Holly 5 Morning Light Grass Bide. 7 Front and Sides 1- Barberry Bids. 8 Front and Sides 1- Yew Bide. 10 Front and Sides 1- Yew 2 Boxwood 2 Spirea Blde.11- Front and Sides 2 Barberry Bide. 13 Front and Sides 2 -Yew 1 Spirea 1- Weigela Blde.14 Front and Sides 2 Holly 4 Boxwood 1- Burning Bush City of Carmel Inspection Report 10/06/11 TRADITIONS ON THE MONON speaes to match rest of building Damazed by Homeowner Building 6 5 yews Building 9 2 yews Missing- Dead /Installed Improperly (II) Building 1 3 grass 1 yew Building 2 2 arborvitae 4 yew (3 II) Building 3 2 arborvitae 6 grass 2 yew Building 4 1 grass 1 yew Building 5 4 grass 1 yew Building 6 3 grass Building 7 Building 8 4 grass 3 yew (3 II) Building 9 3 grass Building 10 2 yew (1 II) Building 11 4 grass Building 12 Building 13 3 arborvitae 1 bayberry Building 14 2 arborvitae 2 grass Building 15 2 arborvitae Building 16 Building 17 2 arborvitae 1 grass Building 18 1 yew (1 II) Building 19 1 grass 1 yew Building 20 2 grass Building 21 Building 22 1 yew Building 23 TOTALS 10 arborvitae (M -D) 34 grass (M -D) 17 yew(9 M -D)(8 II) /1 bayberry(1 M -D) speaes to match rest of building Damazed by Homeowner Building 6 5 yews Building 9 2 yews Traditions on the Monon Common Area Plantinas N.E. Corner behind Funeral Home 1 -Crab 4 Emerald Green Arborvitae Funeral Home Parking Lot 5 Emerald Green Arborvitae C.A. Between Bldg. 14 15 1- Crab Building 8, Both Corners 2 Oaks, 3 -4" Older Trees 'West of Power Station 6 arborvitae above wall 2 Arborvitae below wall 1 arborvitae on south end (not newer planting) All Trees need to be adjusted for "Volcano" Mulch `Additional location per Daren Mindham, City of Carmel Traditons on the Monon Irrigation Repair List Zone Description Parts Action Pulte Notes 1 Add 1 Head to west end by unit 101 1- 4" Head Pulte to look at Complete 1 -30' Van Nozzle 2 ok 3 Change spacing on 6 heads 20 Feet Swing pipe wish list Not Pulte responsibility 4 Add 2 Heads to East end of zone 2 -4" heads Pulte to look at Not Pulte responsibility Straighten heads throughout zone 2 -12' Van Nozzles 5 Add 1 Head to west end by roadway 14" head done Complete Change 10 nozzles to Van Sprays 11 -12' Van Nozzles 6 Adjust 8 heads to face landscape beds pulte to verify problem Not Pulte responsibility 7 Adjust nozzles to redirect pressure to low Pulte to look at Not Pulte responsibility pressure areas 8 Add 1 Head on southeast corner 1 -4" head Pulte to look at Pulte will add 1 -12' Van nozzle Change 4 nozzles by sidewalk to SST sprays 4 -15' SST Nozzles up to hoa Not Pulte responsibility 9 ok 10 ok 11 Add 3 Heads to make up coverage in front of sign 3- 4" Heads done Complete by road 3- 12' Van Nozzles 12 Turn 6 Nozzles down facing landscape beds pulte to verify with hoa Not Pulte responsibility 13 Adjust 6 Heads to throw staright out not upward Not Pulte responsibility 14 Add New Zone to incorporate half of zone 43 as 200 LF 1" pipe pulte to verify with hoa Not Pulte responsibility well. 1- 1" Valve Reconnect Zone 14 to go infront of building and 1- Large Valve box cover east end turf 1- Decoder Misc Fittings Pulte to look at "nozzle Pulte has verified that the nozzle type installed is spec" rather than d m appropriate and may require 15 Separate zone so that North and South end are tog 240 LF Pipe seperate adjustment by HOA removing landscape beds from zone line. Misc Fittings Pulte has verified that the Pulte to look at "nozzle nozzle type installed is spec" rather than appropriate and may require 16 Add Landscape zone from 15 to zone 16. 40 LF 1" Pipe seperate adjustment by HOA 1.1" Valve 1 -Large Valve box cover 1- Decoder Misc Fittings Pulte has verified that the Pulte to look at "nozzle nozzle type installed is spec" rather than appropriate and may require 17 Add a zone to make North and South turf beds tog- 160 LF 1" Pipe seperate adjustment by HOA Separate zone for landscape bed 1.1" Valve 1 -Large Valve box cover 1- Decoder Misc Fittings 18 Add a zone to make West end of building be one z(120 LF 1" Pipe South and East of building a second zone 1 -1" Valve 1 -Large Valve box cover 1- Decoder Misc Fittings 19 ok 20 Adjust 8 heads to spray water appropriately 21 Add Head on Southeast corner, move head on Sou 1- 4" Head corner of island 1 -12' Van Nozzle 15' Swing Pipe 22 ok 23 Check decoder to find out why zone is not working. Adjust nozzles to get even spray throughout zone 24 ok Pulte to look at "nozzle Pulte has verified that the spec" rather than nozzle type installed is seperate appropriate and may require adjustment by HOA done Pulte to look at Now working, replaced decoder Complete Not Pulte responsibility Complete 25 Add zone to split North and South of center park a+ 160 LF 1" Pipe Adjust 6 heads to get proper coverage 1 -1" Valve Pulte to look at "nozzle Pulte has verified that the Move 2 heads on south end to other side of landsc 1- Large Valve Box Cover spec" rather than seperate nozzle type installed is 1- Decoder appropriate and may require 30' Swing Pipe adjustment by HOA Misc Fittings 26 ok 27 Connect North end of zone 28 to 27 (to help water 60 LF 1" Pipe Adjust 5 heads to get proper water coverage Misc Fittings 28 Connect North end of zone to zone 27 20 LF 1" Pipe Adjust 7 heads to get proper water coverage Misc Fittings 29 ok 30 Adjust 4 Heads for proper coverage 31 Adjust 3 Heads for proper coverage 32 ok 33 Reconnect island bed to southeast corner and chec 20 LF 1" Pipe Misc Fittings 34 Add 1 Head on northside find out why zone not we 1- 4" Head 1 -10' Van Nozzle up to HOA up to HOA reconfigured for new parking area reconfigured for new parking area done Pulte to look at Not Pulte responsibility Not Pulte Responsibility Complete Complete Complete Complete Mulch bed irrigation is not a PUD requirement 35 Lawn areas ok, add one zone for landscape beds of 180 LF 1" Pipe Pulte to look at of building 1 -1" Valve 1- Large Valve Cover Box 1- Decoder 12- 6" Heads 12 -12' Van Nozzles 24' Swing Pipe 24- Barbed 90's Misc Fittings 36 ok 37 Find out why zone is not working. Other damages 13 Rotors now working Complete Add 3 Rotors to cover area on top of hillside by new parking 40 LF 1" Pipe 6 barbed 90's Misc Fittings Mulch bed irrigation is not a 38 Add zone for landscape beds on south side of builc 160 LF 1" Pipe Pulte will look at PUD requirement Add Heads to East side of building for lawn coveral 6- 4" Heads done Find out why zone is not working 6 -12' Van Nozzles done 1- Decoder 1- Large Valve Cover Box 12- Barbed 90's 12' Swing Pipe 1- 1" Valve Misc Fittings 39 Find out why zone is not working, other damages possible no 'zone 39' in system No Zone 39 exists 40 Add zone for landscape bed west of unit 130 and s 100 LF 1" Pipe Pulte will look at into two zones 1 -1" Valve Find out why zone is not working. Other 1- Decoder damages possible 1- Large Valve Cover Box 6- 4" Heads 6 -12' Van Nozzles 12- Barbed 90's 12' Swing Pipe Misc Fittings 41 Find out why zone is not working. Other damages possible 42 Add zone to west side of builing for landscape bed: 120 LF 1" Pipe zone into two zones. Find out why zone not workir 1 -1" Valve 1- Decoder 1- Large Valve Cover Box 6- 4" Heads 6 -12' Van Nozzles 12- Barbed 90's 12' Swing Pipe Misc Fittings 43 Added valve on zone 14 to remove heads from zon 120 LF 1" Pipe to valve Misc Fittings 44 Add 1 valves and split East from Westside zones. A 260 LF 1" Pipe landscape beds on north and westside of building 18- 6" Heads 18- 30' Van Nozzles 2- 1" Valves 1- Large Valve Cover Box 28 Barbed 90's 28' Swing Pipe Misc Fittings Pulte will look at Pulte will look at Mulch bed irrigation is not a PUD requirement Complete Zone works Mulch bed irrigation is not a PUD requirement will call Keith to interpret Zone works will call Keith to interpret Zone Works Mulch bed irrigation is not a PUD requirement Clock Install Rain Sensor Check System for Fault, there Rain Sensor up to HOA gurantee this will solve the problem (testing only) There is no system fault. The alternating green -to -red light indicates proper function. IK'