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HomeMy WebLinkAboutConditions of Waiver & Plat ApprovalsTingley, Connie S From: Conn, Angelina V Sent: Thursday, June 07, 2012 9:55 AM To: Hancock, Ramona B Cc: Tingley, Connie S Subject: FW: Meadows at Legacy PP approval docket nos. 12030019 PP and 12040003 ZW Attachments: Legacy Montony Code Final 6- 5- 12.docx; SSC Plat Approval Condition.doc FYI From: Jon Dobosiewicz Jmailto:jond©NF- LAW.COMJ Sent: Wednesday, June 06, 2012 11:20 AM To: Conn, Angelina V Cc: Charlie Frankenberger Subject: Meadows at Legacy PP approval Hi Angie, Thanks for your input last night. We thought it might be helpful to provide you with proposed language for the (i) condition of the waiver approval (1 attachment) (ii) condition of the plat approval (2 attachment). Regarding the condition of plat approval (2 attachment) it is our understanding, per John Molitor's recommendation, that in the very unlikely event that the DOE does not accept the 2nd condition, Staff will present the condition to the full Plan Commission for adoption by resolution without the need for notice or a public hearing. Jon Please let us know if your recollection is consistent with our recollection. Thanks. Jon C. Dobosiewicz Land Use Professional Nelson Frankenberger, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317 -844 -0106 (Office) 317 428 -8393 (Cell) 317 -846 -8782 (Fax) jon(&nf- 1aw.com 1 Meadows at Legacy Monotony Mitigation Code 1. Front Facades on Same Side of Same Street: The front facade of a home on a Lot (the "Subject Lot shall not be duplicated on the same model of home located on the same side of the street on the first two lots to the immediate left of the Subject Lot or on the first two lots to the immediate right of the Subject Lot. 2. Front Facades on Opposite Side of Same Street: The front facade of a home on a lot located on one side of the street (the "Facing Lot shall not be duplicated on the same model of home located on any of the three contiguous lots located directly across the street. For purposes of identifying the three contiguous lots located directly across the street, the middle lot of the three contiguous lots is the lot that, absent the intervening street, would share with the Facing Lot the longest segment of front lot line. 3. Exterior Siding Color: No two side by side homes on contiguous lots shall have the same exterior color on the primary structure of the home. 4. Masonry Package: No two side by side homes on contiguous lots shall have the same masonry package of the same base color. 5. Relief: After homes have been built on 120 lots, and upon written request by the owner of any of the remaining lots, the Director of the Department of Community Services shall have the authority, without the requirement of notice or hearing, to administratively allow relief from any of the 4 provisions set forth above; provided, however, that in considering a request for such relief, the Director shall review the minutes of the meeting of the Subdivision Committee that occurred on June 5, 2013. H:\Becky\Zoning Real Estate Matters \PLATNM\Legacy (Earlham)\Falcon Nest II\Plat Waivers\Ryland \Condition An Monot any \Legacy Montony Code Final 6- 5- 12.docx The primary plat, as presented to the Special Studies Committee on June 5, 2012 under docket number 12030019 PP (the "Primary Plat provided, within the right of way of Community Drive located south of Cherry Creek Boulevard, (i) for a 6 foot wide sidewalk on the west side of Community Drive, (the "6' Sidewalk and (ii) for a five foot wide sidewalk on the east side of Community Drive (the "5' Sidewalk"). The Primary Plat was approved subject to the elimination of both the 6' Sidewalk and the 5' Sidewalk and the replacement thereof by a 10 foot wide multi -use path to be located on one side of Community Drive.