HomeMy WebLinkAboutPacket HOA 02-27-12IN THE MATTER OF THE APPEAL
REGARDING THE TRADITIONS ON
THE MONON OCTOBER 18, 2011
DETERMINNATION BY DIRECTOR OF
COMMUNITY SERVICES OF THE
CITY OF CARMEL
CARMEL BOARD OF ZONING APPEALS
No. 11110010 A
BOARD MEMBERS PACKET
SUBMITTED BY
THE TRADITIONS ON THE MONON HOMEOWNERS ASSOCIATION
1. Findings-of-Fact Sheet Pursuant to direction of Angelina Conn, dated December 22,
2011, the Findings of Fact Sheet will be provided the night of the meeting.
2. Ballot Sheet Pursuant to direction of Angelina Conn, dated December 22, 2011, the
Ballot Sheet will be provided the night of the meeting.
3. Statement of Variance N/A
4. Statement of Support —N/A
5. Location Map Attached
6. Supporting Documentation
A. Ordinance No Z- 464 -04 December 20, 2004
B. Preliminary Development Plan March 10, 2005
C. Preliminary Landscape Plan Filemarked March 10, 2005
D. Home Site Matrix Driveway Parking Inventory
E. Irrigation Maps, Audit and Repair List US Lawns
F. Landscape Report US Lawns
G. Meeting Summary October 14, 2010
H. Bond Letter November 8, 2010 and Meeting SummaryNovember 17, 2010
I. Traditions on Monon Defects List January 10, 2012
J. Amended Final Plat December 13, 2005
K. Traditions on the Monon Transitions Issues Report August 20, 2010
ORDINANCE NO 1-464 -04
Sponsor. Councilor Ratterrnann
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
Traditions on the Motion
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z -289 (the
"Carmel/Clay Zoning Ordinance provides for the establishment of a Planned Unit
Development District in accordance with the requirements of I.C. 36 -7 -4 -1 500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission has given a
unanimous favorable recommendation to the ordinance set forth herein (the "Traditions on the
Monon which establishes the Traditions on the Monon Planned Unit Development District (the
"District
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council that (1) pursuant to IC §36 -7 -4 -1500 el seq., it adopts this
Traditions on the Monon Ordinance, as an amendment to the CarmelIClay Zoning Ordinance and
it shall be in full force and effect from and after its passage, (ii) all prior commitments shall be
null and void and replaced and superseded by this Traditions on the Motion Ordinance, and
(iii) this Traditions on the Monon Ordinance shall be in full force and effect from and after its
passage and signing by the Mayor.
Section 1 Applicability of Ordinance
Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part
of the Cannel /Clay Zoning Ordinance, is hereby changed to designate the land described
in Exhibit "A" (the "Real Estate as a Planned Unit Development District to be known
as the Traditions on the Monon.
Section 1.2 Development in the District shall be governed entirely by (i) the
provisions of this Traditions on the Monon Ordinance and its exhibits, and (ii) those
provisions of the Carmel /Clay Zoning Ordinance specifically referenced in this
Traditions on the Monon Ordinance. In the event of a conflict between this Traditions on
the Monon Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the
provisions of this Traditions on the Monon Ordinance shall apply,
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth
in the Carmel /Clay Zoning Ordinance in effect on the date of the enactment of this
Traditions on the Monon Ordinance.
Section 2 Permitted Uses
Permitted uses are townhomes, condominiums and /or multi- family dwelling units.
Section 3 Accessory Buildings and Uses
All Accessory Structures and Accessory Uses shall be permitted except that any detached
accessory building shown in any development plan shall have on all sides the same architectural
features or shall be architecturally compatible with the principal building(s) with which it is
associated.
Section 4 Communication Equipment. Cell towers shall not be permitted. Home satellite
dishes shall be permitted.
Section 5 Platting
The platting of the Real Estate into smaller tracts shall he permitted, so long as the proposed plat
complies with the area requirements set forth below in Section 6, and the creation of a new
property line within the Real Estate shall not impose or establish new development standards
beyond those specified below in Section 6 for the entirety of the Real Estate. However, the
development of any parcel shall conform to the requirements of Section 13 below, and all other
applicable requirements contained in this Traditions on the Manor' Ordinance.
Section 6 Height and Area Requirements
Maximum Building Height: The maximum Building Height is thirty -eight
Section 6.1
(38) feet.
Section 6.2 Minimum Building Set Back: The minimum Set Back from the perimeter
boundary line of the Real Estate contiguous with Smokey Row Road shall be fifteen (15)
feet, and along the north property line of the Real Estate the minimum Set Back shall be
ten (10) feet, along the west property line of the Real Estate the minimum Set Back shall
be ten (10) feet, and along the east property line of the Real Estate, the Minimum Set
Back shall be ten (10) feet.
Section 6.3 Minimum Building Separation. The minimum building distance between
Buildings, measured from the exterior face of the foundation, shall be ten (10) feet.
Section 6.4 Density. There shall be a maximum of one hundred
on approximately 12.21 acres.
Section 6.5 Square Footage of Townhome Units. The minimum.
individual Townhom.e unit shall be one thousand four hundred
exclusive of any garages.
and forty (140) units
square footage for an
(1,400) square feet,
Section 7. Conceptual Building Types
Section 7.1 Architectural Design Requirements:
A. Roof design: All roofs, except for open porch roofs, shall have a
minimum. slope of 12 horizontal to 8 vertical.
B. Building rendering and elevations: Attached hereto and incorporated
herein by reference as Exhibit "B" are conceptual building renderings of
the Buildings to be constructed upon the Real Estate. All Buildings
constructed upon the Real Estate shall include Masonry as the primary
building materials, excluding but not limited to doors, soffits, trim,
windows, gables and roofs.
Section 8 Landscaping
Attached hereto and incorporated herein by reference as Exhibit "C" is the conceptual landscape
plan (hereafter "Conceptual Landscape Plan
Section 8.1 Planting Standards. Landscaping shall be integrated with other functional
and ornamental site design elements, where appropriate, such as hardscape materials,
paths, sidewalks, or any water features. Deciduous trees planted to satisfy the landscaping
requirements of this Ordinance shall have at least a two and one -half inch (2- t /2'
Caliper and seven foot (7') height at the time of planting, unless otherwise specified
herein or otherwise indicated on the Conceptual Landscape Plan. Evergreen trees shall
be a minimum of six feet (6') in height at the time of planting. Shrubs shall be two (2)
feet in height at the time of planting_ All trees, shrubs and ground covers shall be planted
according to accepted horticultural standards. 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. .Plantings
should be designed with repetition, structured patterns, and complementary textures and
colors, and should reinforce the overall character of the area.
Section 8.2 Maintenance. It shall be the responsibility of the owners and their agents
to insure proper maintenance of project landscaping approved in accordance with this
Traditions on the Morton Ordinance. This is to include, but is not limited to, 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 8.3 Building Base Landscaping. The building base landscaping around the
buildings shall include a minimum of twelve (12) shrubs. Additionally, there shall be a
minimum of two (2) shade trees per unit between the unit and the sidewalk, if the
necessary area for planting is available. If a shade tree can not be planted between the
unit and the sidewalk, that shade tree will be planted at an alternate location on the site
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Section 8.4 Perimeter Planting/Buffer Yard. The perimeter planting and buffer yard
planting shall be in accordance with Section 26.04 Perimeter Buffering Requirements of
the Zoning Ordinance.
Section 8.5 Interior Plantings. Adjacent to any entry drive, for each one hundred
(100) linear foot increment, there shall be a minimum of three (3) shade trees, two (2)
ornamental trees and ten (10) shrubs. For any common areas adjacent to a parking area,
plantings shall be in accordance with Section 26.04 Perimeter Buffering Requirements of
the Zoning Ordinance.
Section 8.6 Tree Conservation. Existing trees as identified on the Conceptual
Landscape Plan as "Tree Conservation Area" shall not be removed from the Real Estate
except as follows:
1. As is necessary to clear underbrush and dead trees;
2. As is necessary for the installation of access easements, rights -of -way,
streets, paths, sidewalks, and utilities and drainage improvements and
infrastructure; and
3. As necessary for public health and safety.
Section 9 Liabtine Reauirernents
A. Front of Townhome lighting: Each Townhome shall have one (1) light
fixture near the door.
B. Rear of Townhorne lighting: Each Townhome shall have a minimum of
one (1) light fixture on the rear of each unit, however the light position(s)
shall be consistent among all units.
C. Street Li t ng: Street lighting shall be provided near intersections of
streets and alleyways and along the Monon Trail and 136 Street.
D. Light Fixture Renden^n�s: Attached as Exhibit "D" and Exhibit "E
respectively, and referred to herein as the Conceptual Wall Mounted
Luminaries and Conceptual Pole Mounted Luminaries are renderings
which depict the acceptable types of wall and pole mounted luminaries for
the District.
Section 10 Sims and Entry Way Wall
Section 10.1. Ground Signs and Entry Wall.
A. Type: At each entrance to the development, adjacent to both Smokey
Row Road and Rangeline Road, Two (2) Ground/Entryway Signs shall be
permitted, as is conceptually depicted on Exhibit "F which is attached
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1
Section 13.1.
hereto and incorporated herein by reference. One (1) entry wall is also
permitted, not to exceed fifteen (15) feet in length, as depicted on what is
attached hereto and incorporated herein by reference as Exhibit "F
B. Maximus Sign Area: Twenty -four (24) square feet each
C. Illumination of Sign: External.
D. Sign Permit: Required.
E. Fees: Required.
Section 11 Parking
Section 11.1 Minimum Parking: Each Townhome shall contain a two (2) car garage
and, in addition, there shall be guest parking provided within on- street parking spaces and
other spaces to be provided on the site, as depicted on the Conceptual Plan and
incorporated herein by reference as Exhibit "Cr"
Section 12 Homeowners Association and Declaration of Covenants
Section 12.1 Declaration of Covenants and Homeowners Association: The Developer
shall prepare and record a Declaration of Covenants which shall also contain various
provisions regarding the Real Estate as determined by the Developer, including, without
limitation, provisions for mandatory assessments and maintenance of common areas,
The Declaration of Covenants will also provide for the establishment of a Homeowners
Association in which membership shall be mandatory.
Section 13. Approval Process
ral or Denial. of the l ri:ma Pla De-vet* relent Plan.
A. Exhibit "G", which is attached here and incorporated herein lad_
reference, shall serve as the nceptu ®al Plan (the "CP")._ However, the CP
does not constitute the approved Development Plan and primary plat for
the Real Estate, nor does it constitute the approved architect, deign,
lighting and landscaping for the Real Estate and the improvements
thereon, considered in connection with the Traditions on the Monon
Ordinance. Traditions on the Monon shall require further (i) ADLS
approval and (ii) Development Plan/primary plat approval. The Final
Development Plan approval procedures are set forth below in this Section
13. If there is a Substantial Alteration in the approved ADLS and
Development Plan/primary plat, review and approval of the amended
plans shall be made by the Commission, or a Committee thereof, pursuant
to the Commission's rules of procedure. Minor Alterations may be
approved by the Director.
B. The Director shall have the sole and exclusive authority to approve
without condirims. approve wit la e ttdiLions, or disapprove the Final
Development Pions/Secondary Plats (collectively, the "FDP 1 for the
Traditions on the Monon; provided. however, that the Director shall not
unreasonably withhold or delay= the Director's approval of the FDP that is
in substantial conformance with the. CP and is in conformance with the
Development Requirements and Development Standards of this Traditions
on the Monon Ordinance. If the Director disapproves any FDP, the
Director shall set forth in writing the basis for the disapproval and
schedule the request for approval of the FOP for a hearing before the full
Plan Commission.
C. An amendment to the FDP, which is not determined by the Director CP
a Substa Alternation or Material Alteration pp
may be reviewed and approved solely by the Director. However, in the
event the Director determines that there has been a Substantial Alteration
or Material Alteration between the approved CP and any proposed FDP,
the Director may, at the Director's discretion, refer the amended FDP to
the Commission, or a Committee thereof, for review and approval by the
Commission andfor a Committee thereof
D. The FDP shall be a specific plan for the development of all or a portion of
the Real Estate that is submitted for approval to the Director, which shall
include reasonable detail regarding the facility and structures to be
constructed, as well as drainage, erosion control, utilities, and building
information.
Section 14 Definitions and Rules of Construction
Section 14.1 General Rules of Construction. The following general rules of
construction and definitions shall apply to the regulations of this Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the
future the present_
C. The word "shall" is a mandatory. requirement. The word "may" is a
permissive requirement. The word "should" is o preferred requirement
Section 14.2 Definitions
A. Accessory Structure: A structure subordinate to a building or use located
on the Real Estate which is not used for permanent human occupancy.
B. Accessory Use: A use subordinate to the main use located on the Real
Estate or in the same building as the main use, arid incidental to the main
use.
C. Building Height: The vertical distance from the lot ground level to the
highest point of the roof for a flat roof, to the deck line of a mansard roof
and the mean height between eaves and ridges for gable, hip and gambrel
roofs.
D. City: The City of Carmel, Indiana.
E, Commission: The Carmel /Clay Plan Commission.
F. Council: The City Council of the City of Carmel, Indiana.
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G. County: Hamilton County, Indiana,
H. Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time,
be amended.
1. Plan, Conceptual. A general plan for the development of the Real Estate
that is submitted for approval showing proposed facilities, buildings, and
structures. This plan generally shows landscape areas, parking areas, site
access, drainage features, and building locations and is depicted on Exhibit
"G which is attached hereto and incorporated herein by reference.
Development Plan, Final. A specific plan for the development of the Real
Estate that is submitted for approval showing proposed facilities,
buildings, and structures. This plan review includes general landscaping,
parking, drainage, erosion control, signage, lighting, screening and
building information for the site.
K. Development Requirements. Development standards and any
requirements specified in this Traditions on the Moron Ordinance which
must be satisfied in connection with the approval of a Final Development
Plan.
L. Developer. Buckirighann Properties, Inc. and its successors and assigns_
M. Director: Director, or Administrator, of the Department of Community
Services for the City Carmel, Indiana, "Director" and "Administrator"
shall include his/her authorized representatives.
N. Homeowners Association: A nonprofit corporation established for the
promotion of the health, safety and welfare of the residents of the
Traditions on the Monon, and to manage, maintain, and repair the
common areas within the Real Estate and any improvements located
thereon.
0, Masonry Masonry shall include brick, stone and /or stucco.
P. Material Alteration: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
Q. Minor Alteration: Any change to an approved plan of any type that
involves the revision of less than ten percent (10 of the plan's total area
or approved materials.
R. Parcel Coverage: The total ground area, within the Real Estate, covered
by buildings and accessory structures which are greater than eighteen (1 8)
inches above grade level, excluding fences and walls not attached in any
way to a roof, divided by the total horizontal area within the Real Estate
boundaries.
S. Real Estate. The Real Estate shall mean and refer to all of the Real Estate
described in Exhibit "A
T. Right-of-Way: An area of land permanently dedicated to provide light, air
and access.
U, Set Back: The least measured distance between a building or structure,
excluding, however, porches, patios, and the perimeter boundary of the
Real Estate. For purposes of determining Set Back, the perimeter
boundary of the. Real Estate (i) shall always mean and refer to the outside
perimeter boundary line of the Real Estate and (ii) shall not be changed or
reduced by reason of the platting or subdivision of the Real Estate into
smaller parcels.
V. Si Any type of sign as further defined and regulated by this Ordinance
and the Sign Ordinance for Carmel-Clay Township, Ordinance Z -196, as
amended,
W. Substantial Alteration: Any change to an approved plan of any type that
involves the revision of ten percent (1 O or more of the plan's total area
or approved materials,
X Townhome: An attached dwelling intended for occupancy by a single
family.
Section 15. Violations
All violations of this Traditions on the Monon Ordinance shall be subject to Section 34.0
of the Carmel/Clay Zoning Ordinance.
PASSED by the Common Council of the City of Carmel, Indiana this a 0 day of
cr 1 -ph 2004, by a vote of p ayes and C nay's.
COMMON COUNCIL FOR THE CITY OF CARMEL
ding Officer
Ronald E. Carter, President Pro Tempore
A'
EST:
Y. Townhome Building: A structure containing attached dwellings.
Z. Trim: Soffits, architraves, wood reveals, and casement around doors and
windows.
Diana L. Cordray, IAMC, Clerk
rer
Brian D. Mayo
Mark Rattermann
Presented by me to the Mayor of the City of Carmel, Indiana the L
:2 day of
e_4 --Z 2004, at f t 7 t o'clock M.
1
Diana L, Cordray, IAMC, C
Approved by me, Mayor of the City of Carmel, Indiana, this
�a 2004, ati 1 u o'clock .M.
Diana L, Cordray, IAMC, Clerk urer
This Instrument prepared by: David E. Leazenby
Buckingham Properties, Inc.
333 N. Pennsylvania St., l0`" Floor
Indianapolis, IN 46204
This Instrummen# reviewed by: Charles S�1� FR.� �ENBI=��ER E. Shinaver
3021 East 98 Street, Suite 220
Indianapolis, IN 46280
H,Uanet\Eden113uckinghamlPUD CounciL Draft 1 12O604.doc
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l .St day
EXHIBIT "A"
Legal Description
Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana, more
particularly described as follows:
Commencing al the Southeast corner of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, Indiana; thence South 88 degrees 23 minutes 47 seconds West (assumed bearing) on and along the
South line of said Southeast Quarter 307.68 feet to the Southwest corner of real estate conveyed to Tolpygin per deed
recorded in the Office of the Hamilton County Recorder as Instrument Number 2002 -2496 Tolpygin parcel) and the
POINT OF BEGINNING of this description; thence continuing South 88 degrees 23 minutes 47 seconds West 480.21 feet
to a point on the East right -of -way line of the Monon Railroad and the point of curvature of a curve to the left having a
radius of 1983.00 feet; thence northwesterly on and along said curve an arc distance of 957.33 feet to the Southwest corner
of real estate conveyed to the Carmel Cemetery Association (Cemetery Parcel) per deed recorded in the Office of the
Hamilton County Recorder in Deed Book 278, Page 370; thence Nonh 88 degrees 23 minutes 47 seconds East on and
along the South line of said Cemetery Parcel 343.14 feet to a point on the West line of The Ritter's H.P.R recorded in the
Office of the Hamilton County Recorder in Plat Cabinet 2, Slide 562; thence South 00 degrees 11 minutes 45 seconds
West on said West line 145.77 feet to the Southwest corner of said Ritter's H.P.R.; thence the following six (6) calls on
and along the South line of said Ritter's H.P.R, I) North 79 degrees 59 minutes 29 seconds East 170.0 feet; 2.) South 81
degrees 08 minutes 47 seconds East 71.41 feet; 3.) North 67 degrees 57 minutes 12 seconds East 44.54 feet; 4.) North 88
degrees 12 minutes 49 seconds East 101.88 feet; 5.) North 57 degrees 13 minutes 24 seconds East 69.78 feet; 6.) South 60
degrees 35 minutes 56 seconds East 55.18 feet; thence South 00 degrees 21 minutes 44 seconds East 409.53 feet to the
Southwest corner of real estate conveyed to Leppert Hensley Mortuary Crematory, Inc. (Mortuary Parcel) per deed
recorded in the Office of the Hamilton County Recorder as Instrument Number 2002- 61980; thence North 88 degrees 23
minutes 47 seconds East on and along the South line of said Mortuary Parcel 270.10 feet to a point on the East line of said
Southeast Quarter; thence South 00 degrees 21 minutes 44 seconds East on and along said East line 50.00 feet; thence
South 88 degrees 23 minutes 47 seconds West 175.,87 feet to a point on the Northwest comer of real estate conveyed to
P.S 1. per deed recorded in the Office of the Hamilton County Recorder as Deed Record 231, Page 168 and the point of
curvature of a curve to the left having a radius of 1903 08; thence southerly on and along said curve an arc distance of
358.64 feet to the POINT OF BEGINNING, containing in all 12.21acres, more or Iess_
Subject to the Right -of -way of 136 Street
Subject to the Right -of -way of Range Line Road
Subject to the Right -of -way of the Monon Railroad.
Subject to the Right -of -way of the Follett Morrow Legal Drain Easement.
Subject to all legal easements, rights -of -way, covenants, and restrictions.
*Note; This description has been prepared based upon instructions from the client and limited field observations by Mid
States Engineering, LLC. A boundary survey has not been performed by Mid States Engineering, LLC on the above
described area per Indiana Survey Standards as defined in Title 865, Article 1, Rule 12 of the Indiana Administrative
Code. In no event will Mid States Engineering, LLC, its employees, agents, and/or assigns be liable for any damages
arising out of the furnishing and /or use of this description.
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Zone Description
Traditions on the Monon irrigation Audit
1. Unit 85 head spraying up in air, Unit 97 head had no pressure, Unit 101 no head in south west
corner by sidewalk so turf is not being watered. Low pressure as the zone goes to the west.
Turned zone time up.
2. All irrigation heads are coming up in the plants so no water to plants in back of beds. No breaks
or Teaks that can be seen at this time. Turned zone time down.
3. Heads are erratically spaced leading to brown spots and west end has low pressure. Turned
zone time up.
4. Heads are erratically spaced leading to brown spots and west end has low pressure. Heads are
leaning in different direction not allow proper spray. Turned zone time up.
5. No broken heads, but bad pressure at west end. Turned time up.
6. Unit 117 head broken, Unit 145 need to adjust two head to spray landscape beds. Turn time
down.
7. No broke heads, low pressure on west end. Turned time up.
8. Missing heads on south west corner, Unit 938 broken head. Change nozzles by sidewalk to Side
to side spraying. Turned time up.
9. Nothing broken landscape beds not covered well. Turned time down.
10. Unit 938 one broken nozzle at south end. Turned time down.
11. Bad coverage in front of sign could use one or two more heads for proper coverage. Turned
time up.
12. Changed two nozzles in front of flowers for good coverage.
13. Nothing broken good coverage however trees are in the way. Turned time up for new sod.
14. Unit 47 broken head, half of the zone is landscape beds and the other half is turf. This is not a
good idea we will either water the plants too much or the lawn will suffer. Bad spacing of heads,
turned time up.
15. Unit 983 broken nozzle, half landscape beds, half turf area. Bad spacing on turf with low
pressure at the north end. Heads in landscape beds not tall enough to reach back plants
Turned zone up.
16. Works good.
17. Half landscape, half turf, low pressure on north end, no damaged heads. Turned time up.
18. Low pressure on north end and poor spacing, no broken heads. Turned time up.
19. Unit 49 broken head, good pressure. Turned time up.
20. No broken heads, descent pressure. Turned time down.
21. No broken heads, good pressure. Turned time up.
22. Landscape beds heads too short for plants, nothing damaged. Turned time down.
23. Unit 953 broken head, bad spacing and low pressure on west end. Turned time up.
24. Landscape beds no damage. Turned time down.
25. One broken nozzle north side by sidewalk, bad spacing with heads behind fence, low pressure
on south end. Turned time up.
26. Bad spacing with heads behind fence, good pressure and no damage. Turned time up.
27. Bad spacing but good pressure and no damage. Turned time up.
28. East side by sewer grate broken head, south side of circle nozzle not working, poor pressure
at south end. Turned time up.
29. Good pressure and no damage.
30. Next to new parking spaces on north west corner broken head, poor spacing good pressure.
Turned time up.
31. Head cut out at south west corner but good pressure. Turned time up.
32. Middle of zone broken head but good pressure. Turned time up.
33. Not working was cut by construction crew, Pulte is aware of it.
34. Missing head at north end but good pressure.
35. Poor spacing no damage. Turned time up.
36. Landscape beds no damage. Turned time down.
37. Not working was cut by construction crew, Pulte is aware of it.
38. Half landscape, half turf, poor spacing with low pressure on north east corner. Turned time up.
39. Landscape beds no damage. Turned time down.
40. Landscape beds no damage. Turned time down.
41. Rotors working well. Turned time up.
42. No damage but low pressure north east corner. Turned time up.
43. Poor spacing in island area with low pressure. Unit 925 broken head. Turned time up.
44. Unit 74 two broken nozzles, Unit 58 broken nozzle, low pressure on west end. Turned time up.
Meeting Summary
October 14, 2010
Summary of Meeting
between
Traditions on the Monon HOA, Pulte Group, and City of Carmel
Thursday, October 14, 2010
Attendance:
Michael Hollibaugh (Director of Dept. of Community Services, City of Carmel)
John Molitor (Acting for City Attorney, City of Carmel)
Matthew Lohmeyer (Director of Land Development, Pulte)
Bob Potokar (President, Traditions on the Monon HOA)
Tom Sharp (Vice President, Traditions on the Monon HOA)
Nigel Stark (Board Member at Large, Traditions on the Monon HOA)
The following is a brief summary of the action items agreed upon between the Board of
Homeowners Association "HOA for the Traditions on the Monon (the "Community Matt
Lohmeyer on behalf of Pulte Group "Pulte and the Mike Hollibaugh on behalf of the City of
Carmel (the "City
1) Pa rking: City agrees to send inspectors to Community to measure length of all driveways
in the Community_ Pulte to send representative to accompany City in measuring
driveways and/or have engineering firm validate the driveway lengths. City agrees to
provide HOA with measurements. If Pulte engages engineering firm to validate
measurements, Pulte agrees to share data with HOA. City to provide HOA with
specifications for standard parallel parking spaces throughout Carmel. Upon
measurements and HOA' s receipt of data, all three parties agree to meet in person to
discuss possible resolution of parking congestion. City will schedule a meeting between
the three parties by Wednesday, October 20, 2010, to discuss results of measuring and
possible resolutions of parking congestion.
2) Driveways: Pulte agrees to repair cracked driveways.
3) Asphalt: Pulte agrees to perform pavement cores to validate actual paving/concrete of
Community streets satisfies requirements of City and PUD. Upon validation and
agreement from HOA, Pulte to perfoun final asphalting of Community with special
attention to pavement ends.
4) Landscaping #1 (Proper Planting): Pulte agrees to arrange inspection with Mainscape
(Community landscaping company) to determine whether installation/planting of
shrubbery, trees, plants, etc. conform to requirements of City. City will review the
inspection results with HOA.
5) Landscaping #2 (Driveway Plant consistency): Pulte and City agree to review plantings
between driveways and propose a plan that is consistent with plan specifications and
consistent throughout the Community. HOA agreed that plants that are removed can be
Page 1 of 3
used (where appropriate) to fulfill overall landscaping plan requirements in other areas of
the Community.
6) Landscaping #3 (Overall Landscape Plan): City commits to working with HOA and
Pulte to walk the Community and develop a reasonable plan mutually agreeable to all
three parties to provide for consistent and quality landscaping throughout the
Community. Pulte agrees to make any repairs /plantings necessary to conform to agreed
upon plan. Pulte acknowledges that many additional plantings (e.g., surrounding
roundabout) have not been done and will be done shortly after construction of final
building in Community. Pulte agrees to email HOA recommendations for new
landscaping company.
7) Retaining Wall: Pulte acknowledges and agrees that the retaining wall in the Southeast
corner of the Community needs substantial repairs. Time estimate: "quickly."
8) HOA Audit: Pulte agrees that it is appropriate for an independent third party to perform a
financial audit of the prior HOA Board's funds and expenditures. Pulte to recommend
auditor and to provide HOA with contact information. HOA to reasonably consider and
suggest its own preferred auditors. HOA, Pulte, and OMNI Management (Community's
management company) to mutually agree upon a third party auditor to perform financial
audit. OMNI has previously committed to pay for 50% of audit fees, and Pulte agrees to
also pay up to 50% of audit fees depending on reasonableness of the fees. Pulte agrees
that to the extent that audit reveals any discrepancies in funding and/or improper
expenditures, Pulte will reimburse the HOA for those funds.
9) Irrigation System Commissioning: Pulte agrees to review system functionality and then
demonstrate to the HOA the proper functioning of all zones of the Community's
irrigation system, to bury all wires relating to the irrigation system, and to provide the
HOA with as- built plans and specifications of the Community's irrigation system. Time
estimate: within one month.
10) Mailboxes: Pulte commits to build concrete foundations for all mailboxes in the
Community per the mailbox manufacturer's specifications and installation instructions.
City will supply these specifications. Time estimate: approximately same time as
asphalting of Community.
11) Drainage between Buildings 17 18: Pulte agrees to assign engineer to analyze flooded
areas in the Northeast corner of the Community, determine elevations, and calculate how
much water is improperly standing on pavement. Based on engineer's findings, Pulte to
propose how to provide direct drainage of rain gutter to existing drains. Pulte to perform
required repairs. Time Estimate: Prior to Winter, 2010, to eliminate ice conditions on
sidewalk.
Page 2 of 3
12) Stri in Pulte agrees to mark all "overflow" parking in the Community with, at a
minimum, painted stripes. Prior to painting, Pulte to provide HOA with a quote for
thereto- plastic markings. HOA to determine whether it wants to pay the cost difference
between painted strips and additional thenno- plastic markings. Time estimate: HOA and
Pulte agree this to be performed in Spring, 2011.
13) Street Signage: Pulte agrees that upon completion of construction of final building, it
will do an inventory of all street signs in Community and replace and install all missing
signs.
14) Drainage Culverts NW Comer: Pulte agrees to rip rap drainage pipe, clear sediment from
drainage pipe, and ensure code compliance in culvert draining area located in Northwest
comer of Community Time estimate: wait until after parking issue is resolved.
15) Dead Tree Removal: Pulte, City, and HOA, while performing "landscaping walk," agree
to look at Tree Conservation area in Northwest comer of Community to determine what
trees should be removed. City agrees to consider legal document absolving Community
of any future liability relating to any trees that remain after City approves plan if Pulte
does not remove trees.
16) HOA Issues (Non -PUD Related): Pulte agrees to assign engineer to review HOA
Transition Report and to respond to HOA with which defects they agree to repair, which
they do not agree to repair, and which require further discussion_ To the extent
applicable, Pulte response to include proposed alternative solutions and to be in an issue
by issue format to facilitate orderly resolution of the defects noted in the HOA Transition
Report. Time estimate: Pulte response by November 1, 2010.
Page 3 of 3
Bond Letter, November 8, 2010
Meeting Summary, November 17, 2010
IPulte
Sincerely,
PulteGroup, Corp.
City of Carmel
Attn: Mr. Mike Hollibaugh
Director, Department of Community Services
One Civic Square
Carmel, Indiana 46032
Re: Traditions on the Morton
Subject: Performance Bonds for work to be completed
Matthew ohmeyer
Direct
f Land Development
115:0 N. Meridian Street Suite 530 Css'rm&, Indiana 46032
317,575.2350 ,puftegroupinc.eani
Dear Mr. Hollibaugh:
Attached herewith are Performance Bonds that we are posting per our previous
discussions and agreement reached on October 27. Included with the Perfonnance Bonds
fo ge 'ono is an Engineer's Opinion and
estimate of which the Bond amounts are based upon.
Upon receipt and acceptance of these Performance Bonds by the City of Carmel, it is our
anticipation and understanding that the Final Release and Certificates of Occupancy will
be released for all remaining homes within the Traditions on the Morton community as
they receive a Final Inspection Release.
Please let me know if you have any questions regarding this matter.
("7tia r 157
J L i
(LJ
tiff -J
A
Summary of Meeting
Traditions on the Monon HOA, Pulte Group, and City of Carmel
Wednesday, November 17 2010
Attendance:
John Molitor (Acting for City Attorney, City of Carmel)
Matthew Lohmeyer (Director of Land Development, Pulte)
Bob Potokar (President, Traditions on the Monon HOA)
Tom Sharp (Vice President, Traditions on the Monon HOA)
The following is a brief summary ofthe action items agreed upon between the Board of
Homeowners Association "HOA for the Traditions on the Monon (the "Community"), Matt
Lohmeyer on behalf of Pulte Group "Pulte and John Molitor on behalf ofthe City of Carmel
(the "City"):
Pulte provided a summary of the three major areas Irrigation, Landscaping, Parking
1. Irrigation System A walk through has been completed with Pulte and Barthuly. Once
landscaping and parking are complete (no later than 7/1/2011) the irrigations system will be done
and commissioning by HOA and Pulte. Pulte will provide as built drawings as this time.
Pulte has provide for a separate 51 1,000 performance bond to the City to cover this
issue.
2. Landscaping #1 (Overall Landscape Plan): Pulte, Vickie Mandras HOA and Daren
Mindham will meet this Friday 11/19 to determine specific placement of the additional 200 trees
and 40 shrubs needed to comply with the overall plan. Additional trees can be placed at the
corner of SW corner at 136 and the Monon Trail. All trees will be planted immediately with
two exceptions the area by the east retaining wall and the new NW parking area both of which
will be completed in spring of 2011 and no later than 7/1/2011.
Landscaping #2 (Driveway Plant consistency): It was decided that one arborvitae would
accompany either two yews or two barberry plants in each driveway planting in the center. Most
of the complex will have yews and the newer sections have barberry plants. Damaged plants are
to be replaced as needed. The end driveways would have grass. This will be done immediately.
Landscaping #3 (Improper Planting): Pulte will re-move heavily mulched areas and then
re-set any plants which are not planted per the planting specifications on the plans. City will
inspect to insure the plants have been properly planted. This work will be done immediately
starting next week.
Pulte has provide a separate $40,000 (range) performance bond to cover the
landscaping work to be accomplished in the spring.
Page 1 of 3
Action to be taken:
a. Pulte to determine which items they agree to fix and present timetable
b. Other items to be discussed and resolution determined by 12/15 between HOA
and Pulte. Work to be completed by 1/1/2011.
c. the HOA could request a performance bond if the work spills over to the Spring
of 2011.
10. Perfouuance Bonds No performance bond update was available form the City. It was
requested ofJohn Molitor to determine:
a. Status of three performance bonds
b. Present a copy of the Bonds to the HOA for review
c. Provide for some provision by which the Traditions HOA could be notified 45 -60
days prior to releasing the Bond.
Next meeting planned for Wednesday December 15 4 PM City Hall to review action
items. Meeting participants, please indicate any schedule conflicts. Mike please arrange a
location for us to meet.
Page 3 of 3
KNOW ALL MEN BY THESE PRESENTS, that Pulte Homes of Indiana, LLC of 11590 N.
Meridian, Suite 530, Carmel, IN 46032 as Principal, and Lexon Insurance Company a
corporation organized and existing under the laws of the State of Texas and authorized to
transact business in the state of Indiana, as Surety, are held and firmly bound unto the City of
Carmel of One Civic Square, Carmel, IN 46032 as Obligee, in the penal sum of Thirty -seven
thousand two hundred fifty and 00/100 ($37,250.00) for the payment of which sum, well
and truly to be made, we bind ourselves, our heirs, administrators, executors,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has agreed
nS sn.
NOW, THEREFORE, the condition of this obligation is such that if said Principal shall well and
truly perform said work in accordance with said standards, then this obligation shall be void,
otherwise to remain in full force and effect.
Signed, sealed and dated this
PERFORMANCE BOND
N e r# 201P
Pulte Homes of Indiana, LLC
r
Calvin R. Boyd, Assi to t Secretary
Lexon Insurance Company
Bruce E. Robinson, Attorney -in -Fact
KNOW ALL MEN BY THESE PRESENTS, that Pulte Homes of Indiana, LLC of 11590 N.
Meridian, Suite 530, Carmel, IN 46032 as Principal, and Lexon Insurance Company a
corporation organized and existing under the laws of the State of Texas and authorized to
transact business in the state of Indiana, as Surety, are held and firmly bound unto the City of
Carmel of One Civic Square, Carmel, IN 46032 as Obligee, in the penal sum of Thirty -nine
thousand nine hundred eighty and 001100 ($39,980.00) for the payment of which sum, well
and truly to be made, we bind ourselves, our heirs, administrators, executors,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has agreed
o� st Atm
PERFORMANCE BOND
Signed, sealed and dated this y f Novern er 010
6
NOW, THEREFORE, the condition of this obligation is such that if said Principal shall well and
truly perform said work in accordance with said standards, then this obligation shall be void,
otherwise to remain in full force and effect.
Pulte Homes of Indiana, LLG
Lexon Insurance Company
Galvin R. Boy Assis nt ecretary
Bruce E. Robinson, Attomey -in -Fact
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that Pulte Homes of Indiana, LLC of 11590 N.
Meridian, Suite 530, Carmel, N 46032 as Principal, and Lexon Insurance Company a
corporation organized and existing under the laws of the State of Texas and authorized to
transact business in the state of Indiana, as Surety, are held and firmly bound unto the City of
Carmel of One Civic Square, Carmel, IN 46032 as Obligee, in the penal sum of ten thousand
and 00/100 ($10,000.00) for the payment of which surn, well and truly to be made, we
bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has agreed
NOW, THEREFORE, the condition of this obligation is such that if said Principal shall well and
truly perform said work in accordance with said standards, then this obligation shall be void,
otherwise to remain in full force and effect.
Signed, sealed and dated this
Pulte Homes of Indiana, LLC
Calvin A Assis nt Secretary
Lexon Insurance Company
Bruce E. Robinson, Attorney -in -Fact
Traditions on the Monon
One Year Open Issue Summary 6-28-11
Issue 1 Parking includes retain wall redo and fountain install)
Issue 2 Irrigation
Issue 3 Building and Grounds Defects
3.4 Lower Level Cold Air Returns
3.8 Natural Gas line posts and signs
3.10 Final Asphalt Top Coat
3.11 Street Signs
3.12 Parking Space Markings
114 Front Door Threshold Caulking
3.15 HOA -Pulte Punch list items
Added during 11 months discussions A.0
3.A1 Roof Soil Pipe Length
3.A2 Roof Laundry Vents
3.A3 Gutters and Downspouts Personal Injury Liability
3.A4 HVAC compressor Install per code
3.A5 Concrete Drive and Front Stoop Cracks
Issue 4 Landscaping
4.0 Overall Landscaping Approval by city
4.1 Building (Garage Driveway) Consistent Plantings
4,2 Improper Plantings per Specification
Issue 5 HOA Funds Mismanagement by Pulte
Traditions on Monon Defects List
January 10, 2012
Number Date Note
1 7/20/11
2 7/20/11
3 7/20/11
4 7/20/11
4A 12/1/11
4B 12/1/11
5 7/3/11
6 7/3/11
7 7/21/11
8 7/20/11
9 7/20/11
10 7/20/11
11 7/25/11
12 7/3/11
13 7/3/11
14 7/13/11
15 7/13/11
16 7/14/11
17 7/17/11
18 7/20/11
19 10/18/11
20 7/20/11
21 7/17/11
21A 1/10/12
21B 8/20/10
21C 8/20/10
22 7/1/11
23 7/18/11
24 7/14/11
25 6/30/11
26 7/3/11
27 7/18/11
28 7/8/11
Traditions on the Monon Defects List
Updated 01 10 2012
Defect Description
#1 PARKING Banked Area
Banked Parking Finsh N/S Curbs 40 feet
Banked Parking Lot Light Pole
Banked Parking (catch basin) overflow curb 40 feet
Banked Parking Wood Guard Rail Seal Paint coat
Inspect construction irrigation work
Fill and sod 20' by 20' low area due to curb installation
#1 PARKING Additional Spaces to Meet PUD Ratio
4C 1/10/12 Compensate owners for shortage of 152 PUD parking spaces
#2 STREETS AND CURBS
10th NW South side by funeral home Sidewalk Crack
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
Bldg 7 Finish Asphalt Top Coat missing
Bldg 14, 15 Finish Asphalt Top Coat Missing
#3 LANDSCAPING AND GROUNDS
Bldg 21 Sod missing Southwest corner by road
11 street NW Sod missing east end
All Grounds remove all plastic utility warning posts, wht, yellow
NORTH Retaining wall back fill with soil and sod 114X8 feet
New East Retaining Wall lnsufficiet adhesive on cap row
Comprehensive Re- seeding per Letter of Determination
Monon entry sidewalk needs to be filled with dirt on sides
NW retaining wall has improper placement of geo grid
SW Retaining wall on Monon lower to soil profile 50 feet
#4 LANDSCAPING AUDIT
Performance Bond "construct landscaping completion"
Re -mulch 110 trees
#5 BUILDING DEFECTS
Bldg 7 W end Gas meters hanging at 30 degree angle
Bldg 16 W end Gas meter hanging high in bldg window
Bldg 7 N end Gas Meter Manifold support missing
All Bldgs all Front Door caulking installed incorrectly
All Bldgs front door Threshold no caulk at bottom by concrete
All Bldgs Front Door decks lack sealant by bldg wall
Bldg 4,5 2 units Sidewalk cracked (settling from threshold
PUD Violation
PUD Violation
Code Violation
Quality issue
Quality issue
Qualiity issue
PUD Violation
Quality issue
Quality issue
PUD Violation
PUD Violation
PUD Violation
PUD Violation
Quality Issue
PUD Violation
PUD Violation
Type Cost
to Remedy
Landscape Issue
Landscape Issue
Quality Issue
Code Violation
PUD Violation
PUD Violation
Code Viloation
PUD Violation
PUD Violation
PUD Violation
PUD Violation
Quality issue
Code Violation
Code Violation
Quality issue
Quality issue
Quality issue
Quality issue
880
5000
880
500
300
250
152,000
300
2000
792
2508
990
1452
1000
3500
7000
300
200
300
3000
500
1603
500
5000
850
37,250
2,200
500
500
200
6300
3150
3150
200
29 7/14/11
30 7/14/11
31 7/14/11
32 7/14/11
33 7119111
34 7119111
35 7/19/11
36 7/25/11
37 7/20/11
38 7/20/11
39 7/25/11
40 8/8/11
41 8/18/11
41A 7/29/10
416 8/20/10
Bldg 3 Unit 15 Major foundation Settling /Exterior bldg cracks
All Bldgs Roof Soil Pipes length
All Bldgs Dryer Vent Lint Screens not Removed
All Bldgs Leaning Furnance Flue Pipes =l5 total
All Bldgs HVAC units missing rock (7/18 10 bldg ends noted)
All Bldgs service wiring not bundled, cable tied, 7/18 Total 15
Cracked Concrete Drives BIdg1 =3 Bldg 9 =2 Bldg 2 =1Bldg 11 =1
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
Bldgs 4,5,6- Standing water sidewalks and mulch beds
Bldgs 21,22,23 Standing water, mold, ice on sidewalks
All Bldgs Roof fasia boards have "unpainted" bare ends
Relocate 6 satelite Dishes from balconies to Roof
BIdg13,14 Missing wood Molding Trim on Bay windows
Cost for Inspection of 22 Buildings Gibb Surette
Cost to print "Transitions Issues Report" -15 copies
#5 IRRIGATION SYSTEM
42 8/20/10 Complete and rework irrigation system to function 100%
#6 GUTTERS AND SURFACE DRAINAGE
43 8/20/10 Add missing gutters, redo poor installation, re -work downspouts
#7 AUDIT OF PULTE HOA FINANCIAL RECORDS
44 3/26/11 Irregularities of HOA Funds Disbursements
44A 3/26/11 Cost of Audit Report Comer,Nowling Assoc.
#8 OVERSIGHT AND ADMINISTRATION COSTS
45 1/10/12 General Contractor Costs to remedy Defects 11.5% of total
REFERENCE NOTES
Code Violation
Code Violation
Code Violation
Code Violation
Code Violation
Quality issue
Quality issue
Quality Issue
Code Violation
Code Violation
Quality Issue
Quality Issue
Quality Issue
Direct Cost
Direct Cost
PUD Issue
Liability Issue
Legal Issue
Direct Cost
SUB TOTAL
TOTAL
4C Per the City of Carmel inspection on 10/18/10 there are 76 driveways less than the required
15 feet length per the PUD. The PUD required two driveway parking spots per townhome unit
in order to meet the PUD parking ratios. These 76 short driveways resulted in the loss of 152
parking spots. Owners will be compensated at a rate of $10,000 per parking spot.
21B A performance bond was established to correct the documented PUD andscaping defects.
Unjtil Pulte provides a documented inspection report approved by the City the estimate of
the Bond monies is appropriate at this point in time based on the Letter of Determination.
29 This structural crack was the entire three stories. Pulte has repaired the surface. Not engin-
ing report has been issued. Failure to understand the degree of failure requires the monies to
be set aside or a warranty of repairs with escrow funds established.
42 Estimate by US Lawns to completely rework the irrigation system so that "irrigation" as
required in the PUD is established.
10,000
3450
6900
7500
1750
1125
60,000
2000
9386
11268
900
900
500
4400
618
11,393
60,000
55,813
4,850
497,808
57,248
555,056
43 Estimate to rework, add missing gutters, and complete gutter and downspout building drainage
to eliminate standing water. Major personnel liability situations have been documented due to
water and ice build up on front entry thresholds and overhead gutter ice jams.
44 Independent audit of Developer HOA funds management identified specific cases of improper
HOA funds disbursement by Pule.
45 Administration costs he Homeoners HOA will expend to correct the defects listed.
Amended Final Plat
December 13, 2005