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HomeMy WebLinkAboutCommitments MODIFIED COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Document Cross Reference No. 2007028298 On May 23, 2007, Commitments Concerning the Use and Development of Real Estate were recorded as Instrument No. 2007028298 in the Office of the Recorder of Hamilton County, Indiana (the "Commitments"), in connection with the real estate described on the attached Exhibit A(the "Real Estate"). Pulte Homes of Indiana, LLC (the "Developer") now has petitioned to modify the Commitments. The Common Council of the City of Carmel (the "Council") held a public hearing on this petition on July 16, 2012, and, following the public hearing, the Council approved Ordinance D-2097-12, authorizing this Modified Commitments Concerning the Use and Developmentof Real Estate ("Modified Commitments"), which shall modify and replace the Commitments in their entirety: Section 1.Description of Real Estate: See attached Exhibit A. Section 2.Statement of Commitments: These commitments shall run with the land, be binding on the Developer of the Real Estate, subsequent owners of the Real Estate and other persons acquiring an interest therein. A.Only single-family detached residential dwellings and residential accessory structures, as permitted by the S-2/Residence zoning district of the Carmel Zoning Ordinance, shall be permitted. B.The number of homes on the Real Estate shall not exceed fifty-seven (57). C.Lots shall have a minimum lot width of seventy (70) feet and lots adjacent to the Enhanced Buffer Area, as definedherein,shall have a minimum lot width of eighty (80) feet (collectively, "Area A"). Lots immediately adjacent to the West Village Townhomes and Village Homes areas shall have a minimum lot width of ninety (90) feet ("Area B"). D.The Real Estate shall be developed in substantial compliance with the site plan (the "Site Plan") attached hereto as Exhibit B. E.Homes built on the Real Estate shall comply with the architectural standards attached hereto as Exhibit Cand shall be substantially similar in quality and character as the Illustrative Home Elevations attached hereto as Exhibit D. In addition, homes within Area A shall comply with the standards and procedures set forth in the "Village of Westclay Building Guidelines and Requirements for A 08.20.12 1 Version |Page | Residential Construction in Sections 10010-A and 10010-B", as amended, attached hereto as Exhibit I, and homes within Area B shall comply with the standards and procedures applicable to the "Secondary Area" as set forth in the "Village of Westclay Building Guidelines and Requirements for Residential Construction", as amended, and attached hereto as Exhibit J (Exhibit I and Exhibit J, collectively are referred to as the “Village of Westclay Standards”). In the event of a conflict between Exhibit C and the Village of Westclay Standards, then the Village of Westclay Standards shall control. F.No vinyl siding shall be permitted. G.The Real Estate shall comply with the Perimeter Buffering standards of the Carmel Zoning Ordinance (Chapter 26.04). Perimeter Buffering planting shall be located within a common area or easement, as shown on the Site Plan, and shall be installed and maintained by the Real Estate's Homeowners' Association. H.An increased number of Perimeter Buffering plantings shall be installed along the perimeter of the Real Estate at the location identified as "Enhanced Buffer Area" on the Concept Plan. The Enhanced Buffer Area shall include a minimum of twenty- six (26) trees per one hundred lineal feet (100'), including a minimum of three (3) shade, three (3) ornamental and twenty (20) evergreen trees planted in a double staggered row. Evergreen trees shall be a minimum of eight feet (8') tall at planting. The Developer shall work with the Herbisons in the selection and final placement of said buffering plantings. I.The Real Estate shall comply with the open space standards of the Carmel Subdivision Control Ordinance (Chapter 7). At a minimum, the existing woodlands identified on the Tree Preservation Exhibit, attached hereto as Exhibit E, shall be designated as open space in the Open Space Conservation Plan submitted with the primary plat. J.All homes shall be one, one and one-half or two-story. K.All lots shall have a minimum lot landscaping package as shown on the Typical Lot Landscaping exhibit, attached hereto as Exhibit F. The minimum number of plantings shall be as shown; however, the location of the plantings shall be permitted to vary. L.Street signs and streetlight poles and fixtures utilized on the Real Estate shall complement the quality and style of those illustrated by the attached Exhibit G. Street lights shall have optical controls that limit the distribution of light in a primarily downward direction to prevent excessive skyward lighting. An example of an optical control alternative are acorn cutoffs (caps) shown in Exhibit G. M.Wood fencing shall be prohibited adjacent to the Herbisons' property, located to the west of the Real Estate. A 08.20.12 2 Version |Page | st N.Developer agrees to install a mounding and/or landscaping screening at the 131 Street entrance to minimize car headlight spill onto the Herbisons' property, located to the west of the Real Estate. O.Developer agrees to provide any excess dirt from the Real Estate to the Herbisons at no charge, including hauling and spreading. P.Drainage. The Real Estate shall be developed so thatthere will be no general sheet drainage on to lands adjoining the Real Estate. All storm water runoff shall be treated as required by law. The drainage plan proposed for the Real Estate, once developed, will be designed in furtherance of the objective that, while accepting storm water runoff from adjoining properties, the Real Estate, once developed, will not sheet-drain on adjoining properties as it currently does and, as such, there will be no general sheet drainage onto properties adjoining the Real Estate. Section 3. Modification of Commitments These commitments may be modified or terminated only by a decision made by the Carmel City Council at a public hearing after notice has been given in accordance with the City Council's Rules of Procedures. Section 4.Effective Date The commitments contained herein shall be effective upon the Council's approval of Ordinance D-2097-12 and shall continue in effect until modified or terminated by the Carmel City Council. Section 5.Recording The undersigned hereby authorizes the Developer or the Secretary of the Council to record these commitments in the Office of the Recorder of Hamilton County, Indiana, upon approval by the Council of Ordinance D-2097-12. Section 6.Enforcement These commitments may be enforced by the Common Council of the City of Carmel, Hamilton County, Indiana. A 08.20.12 3 Version |Page | IN WITNESS WHEREOF , Pulte Homes of Indiana, LLC, an Indiana limited liability company, has caused this Modification of Commitments Concerning the Use and Development of Real Estate to be executed as of the ______ day of ___________, 2012. PULTE HOMES OF INDIANA, LLC By: Its: President STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared ______________________, who having been duly sworn acknowledged the execution of the foregoing Commitments. Witness my hand and Notarial Seal this _______day of ___________, 2012. ____________________ My Commission Expires: Notary Public Printed_______________ Residing in ______________County I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unlessrequired by law: Steven D. Hardin. This document was prepared by Steven D. Hardin, Attorney at Law, Faegre Baker Daniels, LLP, th 600 East 96Street, Suite 600, Indianapolis, Indiana 46240, (317) 569-9600. A 08.20.12 4 Version |Page | EXHIBIT A REAL ESTATE Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, described as follows: Beginning on the South line of the Southeast Quarter of Section 29, Township 18 North, Range 3 East 1351.40 feet South 89 degrees 03 minutes 05 seconds West (assumed bearing) from the Southeast corner of said Southeast Quarter; thence North 00 degrees 56 minutes 55 seconds West 8.00 feet; thence North 52 degrees 42 minutes 19 seconds East 14.45 feet; thence North 23 degrees 04 minutes 39seconds East 27.27 feet; thence North 00 degrees 24 minutes 31 seconds West 1453.10 feet; thence South 89 degrees 25 minutes 00 seconds West parallel with the North line of said Southeast Quarter 107.69 feet; thence North 00 degrees 11 minutes 13 seconds East 1138.58 feet to a point on the North line of said Southeast Quarter which is 1443.58 feet South 89 degrees 25 minutes 00 seconds West of the Northeast corner of said Southeast Quarter; thence South 89 degrees 25 minutes 00 seconds West on said North line 393.42 feet; thence South 00 degrees 07 minutes 05 seconds West 1193.76 feet; thence South 88 degrees 41 minutes 35 seconds West 153.46 feet; thence South 00 degrees 34 minutes 29 seconds East 1441.57 feet to the South line of said Southeast Quarter; thence North 89 degrees 03 minutes 05 seconds East on said South line 627.20 feet to the place of beginning, containing 32.447 acres, more or less. A 08.20.12 5 Version |Page | EXHIBIT C ARCHITECTURAL STANDARDS STRUCTURE AND DESIGN STANDARDS AND PROVISIONS Buildings shall maintain a consistent architectural style, in both form and trim, throughout. The trim shall be present on all sides of the building, as appropriate. Appropriateness shall be defined as utilizing features and forms that are considered typical to the chosen architectural style, and shall be determined by staff review. All building elements are subject to the most current edition of the Indiana Building Code. A. WINDOWS 1.Front and rear facades shall include a minimum of four (4) windows and each side facade shall include a minimum of two (2) windows. 2.Windows shall be wood, aluminum clad, vinyl or vinyl clad. 3.Glass shall be clear and free of color except that frosted glass is permissible if not visible from a public viewshed. Glass blocks are not permitted. Tinted glass may be used in solariums if not visible from a public viewshed. 4.Shutters shall meet the standards set forth in the applicable Village of Westclay Building Guidelines and Requirements for Residential Construction. B. ENTRYWAYS 1.Entryways shall be clearly visible and shall be the dominant feature of the front façade, or the side facade. 2.Porches shall be a minimum of six feet deep, and shall be provided where architecturally appropriate. C. CHIMNEYS 1.Chimneys shall extend fully to the ground, and above the eaves, if external. 2.Chimneys shall be made of masonry. Interior fireplaces protruding through the roof not on an exterior facade are not required to be masonry but must be decorative in nature using masonry, stucco or E.I.F.S. materials. 3.“Shed-style” or bump-out chimneys shall not be permitted. D. GARAGES 1.If off-set or side-loading (courtyard loading), the façade facing the street shall have at least two (2) windows. 2.All homes shall have a minimum of a two-car attached garage. 3.In Area A, garage doors which face the street shall be architecturally treated (both the garage door and the surrounding trim), such as shown on the attached Exhibit D. 4.In Area A, if the garage door faces the street, then it shall not protrude more than three (3) feet from the front foundation of the home, including any covered porches. 5.In Area B, the garage may protrude in front of the front façade and porch foundation of a home provided the garage roof is on a separate plane from the main roofline of the home. A 08.20.12 7 Version |Page | E. ROOFLINES 1.Roofs shall have minimum twelve-inch (12”) overhangs, on all sides of the structure, except where masonry meets any overhang in which case the minimum overhang shall be eight (8) inches. 2.In Area A, generally, roofs should be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 6:12 to 14:12. Ancillary roofs such as porches, bays or walkways may be less than the minimum requirement. 3.Roofs should be clad in wood shingles, slate, diamondtab, dimensional shingles or other quality asphalt shingles. Metal shall only be permitted as an accent material. 4.All vents, attic ventilators, turbines, flues and other roof penetrations (with the exception of ridge vents) must be to the rear or side of the home to reduce visibility from the street. F. MATERIALS 1.If more than one material or color is used, the transition between materials and/or colors shall be logical, i.e. to highlight an architectural feature. Aluminum and vinyl siding shall not be used. 2.Natural materials are encouraged; aluminum, vinyl siding and T-111 is prohibited. Acceptable masonry materials include the following: brick, limestone, natural stone and cultured stone. Acceptable siding materials include the following: wood, fiber cement siding (e.g. Hardiplank) or similar composite siding materials. Stucco and E.I.F.S. are permitted. 3.If masonry is used on the front façade of a home on those lots identified with a red circle onExhibit B, then masonry shall be used on all four sides of that home in a substantially similar manner. This requirement shall apply also to any model home built within the Real Estate. G. MINIMUM SIZE OF RESIDENCE 1.Area A: a.One-story home: 2,000 square feet b.Two-story home: 2,000 square feet 2.Area B: a.Main floor of Two Story: 1,500 square feet b.One Story/All Floors (Two Story): 2,400 square feet H. SIDEWALKS 1.All sidewalks shall comply with current City of Carmel standards. To encourage the pedestrian nature of the development, sidewalks shall be constructed from the front door to the public sidewalk. I. FAÇADE VARIETY CODE 1.All homes shall comply with the provisions set forth in Exhibit H, the Façade Variety Code. A 08.20.12 8 Version |Page | tree preservation exhibit West Village II at Westclay carmel, indiana 2011AERIALPHOTO N E W S SAO TREEPREERVTINKEY SOCOS/S TREETNERVEPREERVE SOAAOCOS/S TREETFURTHEREVLUTETNERVEPREERVE ORPOSSIBLETRARASPLAATONSITE NANA R ( FURTHEREVALUATIONWILLOCCURFORTHEOPENSPACECONSERVATIONPLAANA ) ASPARTOFTHEPRIMARYPLATPENDINGATREEINVENTORYAADSTAKESURVEY NA PREPAREDBY : S T O E P P E L W E R T H hibi EE t ofc:317.849.59357965 East 106th Street x fax:317.849.5942Fishers, Indiana 46038-2505 www.stoeppelwerth.com EXHIBIT I AREA A: VILLAGE OF WESTCLAY BUILDING GUIDELINES AND REQUIREMENTS FOR RESIDENTIAL CONSTRUCTION IN SECTIONS 10010-A AND 10010-B A 08.20.12 20 Version |Page | , subject to easements. EXHIBIT J AREA B: VILLAGE OF WESTCLAY BUILDING GUIDELINES AND REQUIREMENTS FOR RESIDENTIAL CONSTRUCTION A 08.20.12 21 Version |Page | , subject to easements.