HomeMy WebLinkAboutApplicationConn, Angelina V
From: Conn, Angelina V
Sent: Friday, July 22, 2011 2:03 PM
To: Hollibaugh, Mike P; Mindham, Daren; Hancock, Ramona B; Littlejohn, David W;
'jmolitor @prodigy.net'; Boone, Rachel M.; Tingley, Connie S; Duncan, Gary R; Donahue -Wold,
Alexia K; Blanchard, Jim E; Stewart, Lisa M; Martin, Candy; Druley, Elizabeth A; Haney,
Douglas C; Mishler, Nicholas F; Schuessler, Justin
Cc: 'Hardin, Steven D.'; 'Pohlman, Jesse M.'; 'david.compton @pultegroup.com'
Subject: Docket No. Assignment: (11070019 CA) The Woods at Lions Creek Commitment
Amendment
I have issued the Docket Number for The Woods at Lions Creek Commitment Amendment (CA). It is the following:
Docket No. 11070019 CA: The Woods at Lions Creek Commitment Amendment.
The applicant seeks approval to amend the commitments for this development. The site is located near 13700 West Rd., and is zoned
S -1 /Residential.
Filed by Steven Hardin of Baker Daniels, LLP on behalf of Pulte Homes of Indiana, LLC.
Steve can be contacted at 569 -9600.
Filing Fee:
Total due:
$1,167.10
$1,167.10
Petitioner, please note the following:
1. This item does not need to be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, Aug. 26. Published notice is required within the
Indianapolis Star. Try to get the public notice ad to the IndyStar by Noon, two days prior to the public notice deadline, in order for
them to publish it on time. Also, the placement of a public hearing sign on the property is required; see application.
3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no
later than Noon, Friday, Sept. 9.
4. Proof of Notice will need to be received by this Department no later than Noon, Friday, Sept. 16. Failure to submit Proof of
Notice by this time will result in the tabling of the petition.
5. This item will appear on the Tuesday, Sept. 20 meeting agenda of the Plan Commission (under "Public Hearings which begins
at 6 pm. (A representative must be present.)
6. This item might also appear on the Oct. 4 agenda of the Plan Commission Sub Committee, which begins at 6 pm. (A
representative must be present.)
7. Please refer to the application /checklist for more detail.
8. Preliminary Planning/Zoning Dept. Review Comments, if any, will be issued soon.
9.. Provide the filled out and notarized Affidavit of Notice of Public Hearing page of the application.
10. Provide the filled out and notarized Public Notice Sign Placement Affidavit page of the application.
11. Provide a copy of the Official List of Adjacent Property Owners from Hamilton County Auditor's Office (and from Boone County).
Thank you,
Angie Conn, Planning Administrator
Dept. of Community Services Planning Zoning
1 Civic Square, 3rd Floor
City of Carmel, IN 46032
p. 317 571 -2281 f. 317 571 -2426 e. aconn@carmel.in.00v
w: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm
Please consider the environment before printing this e-mail
Date: July 22, 2011
Applicant
Name of O�atlaer Pulte Homes of Indiana, LLC
by Steven D. Hardin, Esq., Baker Daniels, LLP
Owner's Address: 600 East 96th Street, Suite 600
Indianapolis, Indiana 46240
Contact Person Name and Company: David Compton, Pulte Group
Contact Person's Phone No.: (317) 281 -4177 FaxNo.: Email: David.Compton @PulteGroup.com
Contact Person Address: 11590 N. Meridian Street, Suite 530, Carmel, Indiana 46032
Record of Ownership: Deed Book:
COMMITMENT AMENDMENT
APPLICATION
Petition to modify Commitments made in a previous petition
Fee: $1,167.10
(Note: fees are due after the application receives a docket number, and not before.)
Filename. (onnutn nt Amend 2011 Revised 12/28/2010
Docket No.: 101 O01 1 c A
Phone No.: 317) 569 9600
Fax No.: 317 237 4800
Owner's Email: steve.hardin @bakerd.com
Page: Purchase Date:
Legal Description (Use additional page[s] if necessary):
The Woods at Lions Creek, in Hamilton County, per the Secondary Plat thereof recorded September 25, 2007,
in Plat Cabinet 4, Slide 366 as Instrument No. 2007054735, in the Office of the Recorder of Hamilton County, Indiana
Common Address of Property Involved (or General Description if no Address Exists):
The Woods at Lions Creek subdivision (west side of West Road, south of 141st Street)
Detailed Description of the Modification of Commitments requested:
The proposed modifications are listed in the attached, proposed modification instrument. These modifications are
intended to update the applicable commitments to meet the market conditions and to allow for the completion of The
Wnork at 1 inns ('rent( in a manner henefiting the City of Carmel Mn homes have hewn conctr1irted in the neighhorhood
since the approval of the primary plat in 2006.
AFFIDAVIT
control
(I/We), being duly sworn, depose and say that (I /We) (am/are) e- Eewtner(3)) of Fifty Percent (50 or more of the property
involved in this application and that the foregoing signatures, statements, and answers herein contained and the information
herewith submitted are in all respects true and correct to the best of (my or our) knowledge and belief.
Signature Signature
Steven D. Hardin, Esq. on behalf of Pulte Homes
(typed or printed) (typed or printed)
600 East 96th Street, Suite 600
Address Address
Indianapolis, Indiana 46240
City, State, ZIP
The applicant, correspondent, or agent (if different from owner or owners)
Name
Telephone
Date
State of Indiana
County of 14{ l 1
SS:
Before me the undersigned, a Notary Public for
(officer's county j of residence)
County, State of Indiana, personally appeared V 1 Fird and
(name of person(s))
acknowledged the execution of the foregoing instrument this day of
(SEAL and Signature)
obe 4a 6. j rru
(printed ar t
Filename: Commitment Amend 2011
City, State, ZIP
Name
Telephone
Date
My commission expires: 3 ,e /s
Revised 12/28/2010 page 2
ORIGINAL COMMITMENTS
COMMITMENTS CONCERNING THE USE AND
DEVELOPMENT OF THE REAL ESTATE
JC Developers, LLC. "Developer the owner of the Real Estate to be known as
The Woods. at Lion's Creek "The Woods located in Hamilton County, Indiana, and
described 'in Exhibit "A" attached hereto and incorporated herein "the Real Estate
makes 'the following Commitments "Commitments to the Plan Commission of Carmel
"Plan Commission
Section 1. Cross Reference. These Commitments are made in connection with
approvals requested under Docket Number 06020016 PP and related Waivers.
Section 2. Exhibits. Exhibit "A" legal description and Exhibit `B" primary plat for a
subdivision to be known as The Woods at Lion's Creek are attached hereto and
incorporated herein by reference.
Section 3. Commitments. The Developer agrees and commits to the following:
1. Home Sizes. All one story homes in The Woods shall be 3,500 square feet
exclusive of basements, garages and open porches. All two story homes shall
be 4,200 square feet exclusive of basements, garages and open porches. All
homes shall have basements of at least 2,000 square feet.
2. Exterior Finish For All Homes:. All homes in The Woods shall have exterior
architectural elevations designed to meet the 1800's to mid 1900's Victorian,
Eclectic, Romantic, and Colonial styles, as represented in the architectural book, A
Field Guide to American Houses by Virginia Lee McAllester, on all facades.
There shall be at least one architectural break every 20 feet on the exterior walls of
all sides of the home. All homes shall generally have masonry/stucco on all sides of
the all•floors and all exterior fireplace chases. Alternaiive exteriors may be permitted
based on architectural style upon.written Committee approval. No vinyl, T 1 -11, or
aluminum siding will be permitted. All exterior colors must be submitted to
Committee for approval.
3. Garages For All Homes: All homes in The Woods shall have a minimum of a
3 -car garage of, side, or rear load, angled,: or "L" design.
4. Roofs For All Homes: All homes in The Woods shall have primary roof
pitches of 8/12, excepting those homes whose pitches have been designed to
be less than 8/12 to meet desired period specific designs.
5. Windows For All Homes: All homes in The Woods shall have windows on
all occupiable floors, on each elevation provided that elevation side of the
occupiable floor is above grade.
6. Monotony Code For All Homes: All homes in the Woods shall be custom
designed and no two homes shall have substantially similar exterior
elevations.
Landscaping Requirements: In addition to the perimeter landscaping installed
by the Developer, the owner of each lot with The Woods shall be required to
plant the following:
a. 3 Shade trees (2" caliper or greater), inclusive of street trees.
b. 3 evergreen (5' ornamental trees (1 Y" caliper or greater).
c. 35 bushes 18" in height or greater, ornamental grasses.
Trees may be substituted for bushes on a 1 tree 3 bushes ratio.
Lots Adjacent to West Road: Lots 1,2,19,20,21, and 22, as shown on Exhibit
"B are adjacent to West Road. In addition to the perimeter landscaping and
the landscaping requirements for all lots as defined herein, the owners of these
lots shall plant the following in locations that shall buffer the home from West
Road:
a. 1 Shade or Omamental tree sized per the requirements of Paragraph 7
above.
b. 2 Evergreen trees 5' in height or greater.
c. At least 11 of the bushes required in Paragraph 7 above, shall be
planted on rear or side elevations that face West Road.
9. West Road Improvements. Developer is responsible for the required upgrades
to West Road along The Woods frontage as identified by the City of Cannel
Thoroughfare and Alternative Transportation Plans. These improvements must be
constructed or funded as reasonably determined by the City of Carmel
Engineering Department.
Section 4. Binding on Successors. These Commitments are binding on the Developer,
the owners of the Real Estate, each subsequent owner of the Real Estate, and each other
person acquiring an interest in the Real Estate.
Section 5. Effective Date. The Commitments contained herein shall be effective upon
the occurrence of all of the following events:
1. The approval of the primary plat and secondary plat applications for The
Woods of Lion's Creek by the Plan Commission pursuant to Docket Number
06020016 PP and related Waivers;
2. The commencement of the development of the Real Estate in accordance with
the approved primary and secondary plats referenced above.
Section 6. Recording. The_undersigned hereby the Secretary of the Plan
Commission to record these Commitments in the Office of the Recorder of Hamilton
County, Indiana.
Section 7. Enforcement. .These Commitments may be enforced by the Plan
Commission of the City of Carmel, Indiana and any, property owner within or
immediately adjacent to the Real Estate.
IN WITNESS WHEREOF, Muno Henderson has caused these Commitments to be
executed as of the date first written above.
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me the undersigned, a Notary Public in and for said County and State,
personally appeared Muno Henderson, President of JC Developers, LLC., and having
been duly sworn, acknowledged execution of the foregoing Commitments.
WITNESS MY HAND and Notarial Seal this day of 2006.
My Commission Expires: Signature
Printed
Notary Public
Resident of County, Indiana.
JC Developers, LLC.
By:
Muno Henderson
President
This instrument prepared by James R. Langston, Langston Development Company, Inc 1132 South
Rangeline Road, Suite 100, Carmel, Indiana 46032; Telephone: (317) 846 -7017
MODIFICATION OF COMMITMENTS
CONCERNING THE USE AND DEVELOPMENT OF REAL
ESTATE MADE IN CONNECTION WITH A PRIMARY PLAT APPROVAL
On May 16, 2006, JC Developers, LLC, executed certain Commitments Concerning the
Use and Development of Real Estate to the City of Carmel Plan Commission (the "Plan
Commission in connection with the approval of The Woods at Lions Creek Primary Plat,
Docket Number 06020016 PP and related Waivers (the "Commitments The Commitments
applied to The Woods at Lions Creek, in Hamilton County, per the Secondary Plat thereof
recorded September 25, 2007, in Plat Cabinet 4, Slide 366 as Instrument No. 2007054735, in the
Office of the Recorder of Hamilton County, Indiana (the "Real Estate
Pulte Homes of Indiana, LLC (the "Owner now owns the Real Estate and has petitioned
to modify the Commitments with respect to the Real Estate. The Plan Commission held a public
hearing on this petition on September 20, 2011, and, following the public hearing, the Plan
Commission now hereby approves the following modification:
Section 1. Modified Commitments
1.1
Section 3(1), Home Sizes, of the Commitments shall be replaced and superseded
in its entirety with the following: "All one story homes shall be 3,500 square feet,
exclusive of basements, garages and open porches. All two story homes shall be
3,800 square feet, exclusive of basements, garages and open porches. All homes
shall have basements of at least 1,800 square feet."
1.2 Section 3(2), Exterior Finish for All Homes, of the Commitments shall apply;
however, the permitted architectural styles, as depicted in A Field Guide to
American Houses by Virginia Lee McAllister, shall be supplemented to permit:
Craftsman, Northern Craftsman, Euro Country, Cottage, Classical, Italianate,
Low Country and Prairie.
1.3 Section 3(6), Monotony Code for All Homes, of the Commitments shall be
replaced and superseded in its entirety with the following: "All homes in the
Woods shall comply with the Anti Monotony Standard, attached hereto
as Exhibit A."
1.4 Section 3(8), Lots Adjacent to West Road, of the Commitments shall be replaced
and superseded in its entirety to require the "as- built" landscaping depicted on the
attached Exhibit B.
Section 2. Binding Effect
2.1 This Modification is binding upon the Owner, each subsequent owner of the Real
Estate and each other person acquiring an interest in the Property, unless
modified or terminated.
2.2 This Modification may be modified or terminated only by a decision of the Plan
Commission after a public hearing wherein notice as provided by the rules of the
Plan Commission has been made.
2.3 The Commitments, except as modified herein, shall remain in full force and
effect.
Section 3. Effective Date
3.1 The Modification contained herein shall be effective immediately upon approval
by the Plan Commission.
Section 4. Recording
4.1 The undersigned hereby authorizes the Secretary of the Plan Commission to
record this Modification in the Office of the Recorder of Hamilton County,
Indiana.
Section 5. Enforcement
5.1 This Modification may be enforced by the Plan Commission of the City of
Carmel, Indiana and any property owner within or immediately adjacent to the
Real Estate.
[Remainder of page intentionally left blank; signature page follows.]
IN WITNESS WHEREOF, the Plan Commission has approved this Modification of
Commitments Concerning the Use and Development of Real Estate Made in Connection with a
Primary Plat approval and related Waivers this day of 2011.
CITY OF CARMEL PLAN COMMISSION
By:
Printed:
Title: Its President
IN WITNESS WHEREOF, the Owner has executed this Modification of Commitments
Concerning the Use and Development of Real Estate Made in Connection with a Primary Plat
approval and related Waivers this day of 2011.
PULTE HOMES OF INDIANA, LLC
its Manager
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
Number in this document, unless required by law: Jesse M. Pohlman.
Prepared by: Jesse M. Pohlman, Land Use Consultant, Baker Daniels, LLP,
600 East 96 Street, Suite 600, Indianapolis, Indiana 46240, (317) 569 -9600
1
3
4
Subject home
EXHIBIT A
ANTI- MONOTONY STANDARD
4
3
2
1
1
2
3
4
4
3
2
1
1
1
2
3
4
Horne cannot be of the same elevation of the same plan as the Subject home. Must be a
different color package.
Home cannot be of the same elevation of the same plan as the Subject home. Cannot be
the identical color package as the Subject home but may have the same brick.
Home may be of the same plan and elevation as the Subject home, but must be a different
color package.
May be identical to Subject home
EXHIBIT B
"AS- BUILT" PERIMETER LANDSCAPING
TO BE INSERTED