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HomeMy WebLinkAbout04-23-12 HOA Proposed FindingsCITY OF CARMEL BOARD OF ZONING APPEALS IN THE MATTER OF THE APPEAL ) REGARDING THE TRADITIONS ON ) Docket No 11110010 A THE MONOM OCTOBER 28, 2011 ) Docket No 11110011 A DETERMINATION BY DIRECTOR OF ) COMMUNITY WSERVICES OF THE ) CITY OF CARMEL ) TRADITIONS ON THE MONON HOMEOWNERS ASSOCIATION, INC.’S PROPOSED FINDINGS AND CONCLUSIONS Traditions on the Monon Homeowners Association, Inc., (the “Association”) by counsel, submits the following Findings and Conclusions (which are denominated based upon the respective paragraphs of the October 18, 2011 Letter of Determination issued by Michael Hollibaugh on behalf of the City of Carmel: 1.Banked Parking Area A.Parking area not curbed - Not appealed B.Parking area needs a light pole. (i) Section 9(C) of the Traditions on the Monon PUD Ordinance Z-464-04 provides that street lighting will be provided near intersections of streets and alleyways within the development. (ii) Many of the drawings in the Preliminary Development Plan dated March 10, 2005 (Association Packet Exhibit 6(B) show the streets in the Northwest corner of the development ending in stubs, thus no intersection of those streets exists. (iii) The drawings in the Amended Final Plat dated December 13, 2005 (Association Packet Exhibit 6(J) show that the added banked parking at the Northwest corner of thrd the development is located at the intersection of 11 Street NW and 3 Street NW. thrd (iv) There is no street light at the intersection of 11 street NW and 3 Street NW. (v) The Director erred in finding that lighting for this area was not required by the PUD. (vi) Pulte shall install a street light, similar to other street lights in the neighborhood to provide lighting in the Northeast parking area by no later than July 1, 2012. C.Overflow curb. (i)The pavement near and around the overflow parking area has a significant slope running to the Northwest. (ii)The banked parking area contains a single drain that empties into a drainage pipe below the retaining wall. (iii)During heavier rains, the residents have reported that the water flowing to the banked parking area will overflow the drain and wash over the retaining wall behind the drain. (iv)An additional overflow curb would hold the water and allow it to drain through the drainage pipe. (v)Mike Hollibaugh testified that he inspected the area during one rain and did not see an overflow. (vi)Based on the evidence provided by the residents, the Director erred in finding that the overflow curb would not improve the drainage. (vii)Pulte shall install an overflow curb in the Northeast Parking area by no later than July 1, 2012. D.Guard Rail – Not Appealed 2.Streets and Curbs. A.Curbing cracks. (i)There exist 20 identified curbing cracks, the repair of which is essential to the longevity of the improvement and for proper conveyance of storm water. (ii)The repair of all curbs with cracks rated as “category 2,3,4, and 5” shall be required according to standards of the Carmel Department of Engineering. (iii)The evidence established that the cracking was caused, in most cases, by the developer driving heavy equipment over the curbs during the construction process, thereby damaging the curbs as a part of the development process. (iv)This damage was not caused by the normal cracking of concrete and is not a maintenance issue. (v)The Director has the authority to order the correction of this issue. (vi)Pulte shall repair or replace the curbs in the 20 identified curb crack areas in accordance with the standards of the Carmel Department of Engineering by no later than July 1, 2012. B.Finished asphalt and driveway ends on Buildings 7, 14 and 15. (i)The Association initially alleged that the final coat of asphalt had not been applied on the streets adjoining the driveways to Buildings 7, 14, and 15, due to the grade difference of approximately 1” between the ends of the driveways and the streets. (ii)The differential between the driveways and the streets adjoining buildings 7, 14 and 15 still exists. (iii)The Director determined that the addition of asphalt to the street along Building 7 would be detrimental to drainage. (iv)The Director determined that the driveways to Building 7 should be removed and reinstalled so that the end of the driveway is level with the streets. (v)The Director determined that asphalt could be added to the streets adjoining Buildings 14 and 15, without negatively impacting drainage. (vi)The issues with the driveways to Buildings 14 and 15 may be remedied by either adding asphalt to the streets or by the reconstruction of the driveways on those Buildings so that the ends of the driveways are level with the streets adjoining those Buildings. (vii)The Director has the authority to order the correction of this issue. (viii)Pulte shall remove and reconstruct the driveways to Building 7 so that the that the end of the driveway is level with the streets by no later than June 1. 2012. (ix)As to Buildings 14 and 15, Pulte shall either mill the existing asphalt and add a new layer of asphalt to the level of the driveways or reconstruct the driveways to Buildings 14 and 15 in the same manner as Building 7, by no later than July 1, 2012. C.Curb ends. (i)Section C 2 of the City of Carmel Architectural Plan Drawing dated January 13, 2005 provides: All roads and ends should be curbed to protect pavement transitions. Flat concrete curbing shall replace sloped gutter curbs where it is determined that water drainage is required.” (ii)There are four road ends that do not have curbing at the end of the asphalt. (iii)The Director determined that curbs would not be appropriate in these areas, but that the edge between the asphalt and the turf should be improved to create a clearly defined edge, including proper soil preparation, removal of stones from the soil, placement of additional top soil and the application of seed and clean straw. (iv) The Director has the authority to order a correction of this issue. (v)The Director erred in finding that curbs were not required at all ends of drive lanes. (vi)Pulte shall install curbs at the ends of all drive lanes, not presently curbed by no later than July 1, 2012. 3.Landscaping and Grounds A.Missing sod. – Not appealed. B.Comprehensive Reseeding – Not appealed. C.Sod Replacement. - Not appealed. D.North Retaining Wall (i)Architectural Plan C4 provides that the ground elevation is to be equal to top of retaining wall. (ii) At the time of his review, the Director was not able to determine the deviations from the Architectural Plan. (iii) Petitioner has submitted photographic evidence explicitly showing the deviations from the Architectural Plan. (iv) The Director’s determination should be overturned and the areas along the North retaining wall should be backfilled so that the ground elevation is equal to top of retaining wall. (v)Pulte has posted a bond on November 5, 2010 in the amount of $37,250.00 for the stated purpose of “Principal has agreed to construct or have constructed landscape completion in the Traditions on the Monon subdivision.” (vi)Pulte shall, by no later than July 1, 2012, backfill and appropriately landscape the North retaining wall so that the ground elevation is equal to top of retaining wall. (vii)This order shall not prohibit the Director from calling the bond, based on Pulte’s prior default on this landscape work. (viii)East retaining wall cap row stones – The Director ordered Pulte to replace the cap stones on the East wall and neither party appealed. The Association did provide photographic evidence that after the replacement of the cap stones, the ground elevation along the East wall had the same issues as the North Wall. Pulte has posted a bond on November 5, 2010 in the amount of $37,250.00 for the stated purpose of “Principal has agreed to construct or have constructed landscape completion in the Traditions on the Monon subdivision.” Pulte shall, by no later than July 1, 2012, backfill and appropriately landscape the East retaining wall so that the ground elevation is equal to top of retaining wall. This order shall not prohibit the Director from calling the bond, based on Pulte’s prior default on this landscape work. E.Monon Greenway egress. – Association appeal withdrawn 4.Landscape Audit A.Driveway landscaping – Not appealed B.Foundation landscaping (i)Section 8 of the PUD Ordinance Z-464-04 (Association Packet Exhibit 6(A) provides planting standards both as to types of plants and methods of installation. (ii)Section 8.2 of the PUD Ordinance Z-464-04 provides that “It shall be the responsibility of the owners (which initially is Pulte) to insure proper maintenance of project landscaping, which includes, 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 areas free of refuse debris, rank vegetation and weeds. (iii)The Preliminary Development Plan filed March 10, 2005 contains explicit details on the types of plantings and instructions for planting methodology for the landscaping in the Development. (iv)There are specified missing and dead plants around Buildings 7, 11, 13, 14, 15, 16, 17, 20, and 23. (v)The Director ordered Pulte to replace specified missing and dead plants around Buildings 7, 11, 13, 14, 15, 16, 17, 20, and 23. (vi)Pulte has posted a bond on November 5, 2010 in the amount of $37,250.00 for the stated purpose of “Principal has agreed to construct or have constructed landscape completion in the Traditions on the Monon subdivision.” (vii)The Director has the authority to order a correction of this issue. (viii)Pulte shall, by no later than July 1, 2012, replace the missing or dead plant material specified in Section 4(B) of the Directors October 18, 2011 Letter. (ix)This order shall not prohibit the Director from calling the bond, based on Pulte’s prior default on this landscape work. C.Common Area landscaping (i)Section 8 of the PUD Ordinance Z-464-04 (Association Packet Exhibit 6(A) provides planting standards both as to types of plants and methods of installation. (ii)Section 8.2 of the PUD Ordinance Z-464-04 provides that “It shall be the responsibility of the owners (which initially is Pulte) to insure proper maintenance of project landscaping, which includes, 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 areas free of refuse debris, rank vegetation and weeds. (iii)The Preliminary Development Plan filed March 10, 2005 contains explicit details on the types of plantings and instructions for planting methodology for the landscaping in the Development. (iv)There are specified missing an dead plants in certain designated Common Areas as listed in the Directors October 18, 2011 Determination Letter. (v)The Director ordered Pulte to replace specified missing and dead plants in certain designated Common Areas. (vi)Pulte has posted a bond on November 5, 2010 in the amount of $37,250.00 for the stated purpose of “Principal has agreed to construct or have constructed landscape completion in the Traditions on the Monon subdivision.” (vii)The Director has the authority to order a correction of this issue. (viii)Pulte shall, by no later than July 1, 2012, replace the missing or dead plant material specified in Section 4(D) of the Directors October 18, 2011 Determination Letter. (ix)This order shall not prohibit the Director from calling the bond, based on Pulte’s prior default on this landscape work. D.Tree mulch. (i)Section 8 of the PUD Ordinance Z-464-04 (Association Packet Exhibit 6(A) provides planting standards both as to types of plants and methods of installation. (ii)Section 8.2 of the PUD Ordinance Z-464-04 provides that “It shall be the responsibility of the owners (which initially is Pulte) to insure proper maintenance of project landscaping, which includes, 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 areas free of refuse debris, rank vegetation and weeds. (iii)The Preliminary Development Plan filed March 10, 2005 contains explicit details on the types of plantings and instructions for planting methodology for the landscaping in the Development. (iv)A number of the trees were installed or maintained by Pulte as owner with volcano mulch. (v)The Director ordered Pulte to repair volcano mulch on 110 trees at an estimated cost of $2,200, but directed the parties to split the cost so it would be $1,100.00 each. (vi)Pulte has posted a bond on November 5, 2010 in the amount of $37,250.00 for the stated purpose of “Principal has agreed to construct or have constructed landscape completion in the Traditions on the Monon subdivision.” (vii)The Director has the authority to order a correction of this issue. (viii)Pulte shall, by no later than July 1, 2012, at its sole cost, repair the volcano mulch on the 110 trees specified in Section 4(D) of the Directors October 18, 2011 Letter. (ix)This order shall not prohibit the Director from calling the bond, based on Pulte’s prior default on this landscape work. E.Mulch bed restoration. Not appealed Irrigation System. 5. A. Buildings 7, 11, and 20. (i) Section 8.2 of the PUD Ordinance Z-464-04 provides that “It shall be the responsibility of the owners (which initially is Pulte) to insure proper maintenance of project landscaping, which includes, but is not limited to, irrigation..." (ii) On October 14, 2010, Pulte made an agreement with the Director and the Association to install an irrigation system for the foundation plantings for Buildings 7, 11 and 20. (Association Packet Exhibit 6(G). (iii) Pulte has posted a bond on November 5, 2010 in the amount of $10,000.00 for the stated purpose of “Principal has agreed to construct or have constructed, irrigation system completion in the Traditions on the Monon subdivision.” (iv) Pulte failed to install irrigation for the foundation beds of Buildings 7, 11, and 20, consistent with the remainder of the irrigation system and as provided in the October 14, 2010 Agreement. (v) The Director has the authority to order a correction of this issue. (vi Pulte shall, by no later than July 1, 2012, install an appropriate irrigation system for foundation planting beds fronting Buildings 7, 11, and 20. (vii) This order shall not prohibit the Director from calling the bond, based on Pulte’s prior default on this irrigation work B. Irrigation As-Built drawings. (i) Section 8.2 of the PUD Ordinance Z-464-04 provides that “It shall be the responsibility of the owners (which initially is Pulte) to insure proper maintenance of project landscaping, which includes, but is not limited to, irrigation..." (ii) On October 14, 2010, Pulte made an agreement with the Director and the Association to provide As-Built drawings for the irrigation system. (Association Packet Exhibit 6(G). (iii) Pulte has posted a bond on November 5, 2010 in the amount of $10,000.00 for the stated purpose of “Principal has agreed to construct or have constructed, irrigation system completion in the Traditions on the Monon subdivision.” (iv) Pulte failed to prepare and provide complete As-Built drawings of the irrigation system. (v) The irrigation system does not function and has not properly functioned since the initial inspection and complete As-Built drawings are essential to the final installation, and the repair and maintenance of the system. (vi) The Director has the authority to order a correction of this issue. (vii) Pulte shall, by no later than July 1, 2012, provide a complete As-Built drawing of the entire irrigation system. (viii) This order shall not prohibit the Director from calling the bond, based on Pulte’s prior default on this irrigation work C. Irrigation plan amendment. (i) Section 8.2 of the PUD Ordinance Z-464-04 provides that “It shall be the responsibility of the owners (which initially is Pulte) to insure proper maintenance of project landscaping, which includes, but is not limited to, irrigation..." (ii) On October 14, 2010, Pulte made an agreement with the Director and the Association to install a proper irrigation system. (Association Packet Exhibit 6(G). (iii) Pulte has posted a bond on November 5, 2010 in the amount of $10,000.00 for the stated purpose of “Principal has agreed to construct or have constructed, irrigation system completion in the Traditions on the Monon subdivision.” (iv) Pulte failed to install an operational irrigation system. (v) The Director has the authority to order a correction of this issue. (vi) Pulte shall, by no later than July 1, 2012, correct the defects in the irrigation system as itemized in the Audit and Repair List US Lawns (Association Packet Exhibit 6(E) excepting only those items identified as broken nozzle heads, which would constitute normal maintenance work. (vii) This order shall not prohibit the Director from calling the bond, based on Pulte’s prior default on this irrigation work. Additional Issues 6. . A. Plumbing vent height. (i) Section P-3103.1 of the Indiana Building Code, which is applicable in Carmel, requires that vents must have a minimum height of 6" above the roof height to prevent snow and water from running down the vents. (ii) A number of the vents do not achieve the minimum 6" height above the roof. (iii) The Director did not include a determination on these issues in his letter of October 18, 2011. (iv) The Director has the authority to require Pulte to correct these violations. (v) Pulte shall, by no later than July 1, 2012, repair or replace all roof vents that do not achieve a minimum of 6" in height above the roof. B. Roof drainage. (i) Section 801.3 of the Indiana Building Code, which is applicable in Carmel, requires that dwelling roofs shall have a controlled method of water disposal from roofs that will collect and discharge water at least 5' from the foundations or into an approved drainage system. (ii) The dwellings in the Traditions on the Monon do not adequately collect and discharge water from the roofs as shown by significant ice damming in the winter; significant collection of water on the sidewalks; and a gutter system that in many cased discharges water at the base of the foundations. (iii) The Director did not include a determination on these issues in his letter of October 18, 2011. (iv) The Director has the authority to require Pulte to correct these violations. (v) Pulte shall, by no later than July 1, 2012, repair or replace all roof gutters so that they provide a controlled method of water disposal from roofs that will collect and discharge water at least 5' from the foundations or into an approved drainage system. Respectfully submitted, THRASHER BUSCHMANN & VOELKEL, P.C. _Stephen R. Buschmann ________________ Stephen R. Buschmann (#3037-49) Attorney for Traditions on the Monon Homeowners Association, Inc.