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HomeMy WebLinkAboutA Letter of Determination 10-18-11October 18, 2011 City of Carmel Department of Community Services Mr. Tony Barbee Mr. Robert Potakar PulteGroup. Traditions on the Monon HOA 11590 N. Meridian Street Smoky Row Suite 530 Carmel, IN 46032 Carmel, IN 46032 Re: Traditions on the Monon Zoning and quality construction issues. Dear Mr. Barbee and Mr. Potokar: This letter is to inform you of a determination made by the Director of Community Services, pursuant to the authority granted in Section 29.04 of the Carmel Zoning Ordinance, on the above referenced matter. I have reviewed in detail the issues surrounding each complaint raised in the "Traditions on the Monon Defects List" dated of August 29, 2011. After careful review and analysis, including consultation with DOCS staff, Department of Engineering personnel, and outside experts, I conclude the following: 1. Banked Parking Area. A new parking area was constructed by PulteGroup (Pulte) in response to a complaint by the Traditions HOA (HOA), per their previously submitted "Transition Report" of August 2010, and subsequent action by the City of Carmel. This parking area was constructed in a location and of a configuration consistent with the Development Plan for the project. The HOA has identified in the HOA "Defects List" (Attachment A) four complaints to this parking lot construction, as follows: The parking area is not curbed The parking area needs light pole The parking areas drainage design should require an overflow curb The parking area guard rail needs painted Determination: A. The parking lot was constructed without curbing pursuant to the Carmel Zoning Ordinance requirements. It is determined that the developer shall install approximately one hundred sixty (160) feet of curb along the sides of the eastern part of the lot, according to the standards of the Department of Engineering. B. The installation of a light for this area, while helpful for safety and security, is not a requirement of City ordinances or of the PUD, and shall not be required. C. The installation of an additional overflow curb adjacent to the retaining wall will not result in an improvement to the drainage design and shall not be required. Division of Planning Zoning One Civic Square Carmel, IN 46032 317 571 2417 Michael P. Hollibaugh, Director Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 2 D. The guard rail design must be completed, including installation of additional segments of missing rail material, approximately eight (8) boards. An additional coating of black paint shall be applied to the railing already in existence, with additional paint required for the newer sections. Upon completion of the above, the surety in place to ensure proper parking lot installation will be released 2. Streets and Curbs A lengthy list of pavement defects was presented by the HOA in the Traditions on the Monon Transition Report of August 2010. While a number of the defects listed have been repaired by the developer, there are nine items identified in the HOA "Defects List" of 8/29/11. Since that list was issued, the Department has found seven items which remain incomplete or unresolved: 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 l l th Street NW East end no curb 45 feet Monon Lane East end no concrete curb 66 feet Monon Lane No street name sign has been installed Bldg 7 Finish asphalt top coat missing Bldg 14, 15 Finish asphalt top coat missing Determination: A. The presence of 20 remaining cracks in the curbing has been identified and categorized as to their severity by the City Engineer. The repair of those cracks is essential to the longevity of the improvement, and for proper conveyance of storm water. The repair of all curbs with cracks rated as "category 2, 3, 4, and 5" shall be required according to the standards of the Carmel Department of Engineering. B. The HOA identified that "finish asphalt top coat is missing from the areas around Building 7, on 3 Ave. NW, and from the private drive servicing Buildings 14 15. Finish asphalt has been installed throughout the project, including the areas identified by the HOA. The addition of more pavement in the area of Building 7 will likely have a negative effect on drainage in this area, and shall not be required. However, it is observed that the concrete drives for Building 7 have been installed with a finished grade approximately 1" above finished pavement, creating a problem for maintenance, current and future. Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 3 In order to repair this, the driveway pad to each unit in Building 7 shall be reinstalled so the concrete is flush with the asphalt pavement of the drive lane. This shall be in the form of an entirely new driveway or a pad renovation by saw cutting and removal of the existing concrete drive in the location of the mid -point control joint and new pour to proper elevation. New concrete driveways shall be poured to be flush with the existing finish asphalt, consistent with other areas throughout the project. A similar issue occurs in the area of Building 14 15, where the offset between the concrete drive and top of asphalt is a maintenance problem and not consistent with the standard for the property. This is especially evident at Building 14 where the joint between asphalt and the concrete driveway holds sufficient moisture for moss to grow. This area shall be repaired by the builder either through milling of existing asphalt and the laying of new asphalt to the level of the drive, or through the reconstruction of driveways, as detailed for Building 7. C. The HOA identified the need to install curbs at the ends of drive lanes in four locations. It is determined that the pavement design in those areas is per the approved plan for the project, that the installation of curbs will have a detrimental effect on the conveyance of storm water in those areas and shall not be required. However, in the four identified locations the pavement/turf transition, i.e. the edge between asphalt and turf, shall be improved by establishing a uniform clean, defined edge of pavement, and through the careful establishment of turf in those areas, including: proper soil preparation, removal of stones from the soil; placement of additional top soil as may be required; seed application and mulching with clean straw. 3. Landscaping and Grounds A lengthy list of grounds and landscaping issues was presented by the HOA in the "Traditions on the Monon Transition Report" of August 2010 (Attachment B). While a number of the issues identified previously by the HOA have been fixed by the developer, there were nine items identified in the HOA "Defects List" of 8/29/11. Since that list was issued, there are six HOA items which remain unresolved. Bldg 21 Sod missing Southwest corner by road 11 street NW Sod missing east end All Grounds remove all plastic utility warning posts, white, yellow North Retaining wall back fill with soil and sod 114 ft. x 8 ft. New East Retaining Wall Insufficient adhesive on cap row Monon entry sidewalk needs fill dirt on sides Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 4 Determination: A. The missing sod in the area adjacent to Building 21was primarily a result of construction for the overflow parking. Since completion of that construction the irrigation to that area has been restored and the grass has begun to grow in. It is determined this area, between Building 7 and Building 20, shall require a comprehensive re- seeding effort by the Pulte including proper soil preparation, seeding and straw mulch application. This shall occur following installation of curbing for the new parking area. B. Other areas throughout the project that shall require a comprehensive re- seeding include: the area surrounding the new parking lot adjacent to Building 9; the common area in SE corner of traffic circle (between Buildings 14 and 15); the lawn area along the eastern side of the subdivision, especially in the common area east of Building 14; the end area between Building 16 and 17; the end area between Building 18 and Building 23. C. Sod replacement was attempted by Pulte during the summer months in areas where mail boxes were installed and areas where metal fencing was erected. It is determined that replacement sod shall be installed by Pulte in areas where it was previously installed and failed during the dry summer months. D. Portions of the North Retaining Wall were reconstructed to correct outward shifting. The HOA Defects List identifies "back fill and sod issues" which, upon inspection, are unidentifiable and shall not require repair by Pulte. E. Portions of the East Retaining Wall were reconstructed to correct outward shifting. The HOA Defects List indentifies insufficient adhesive on the wall's cap row. Our inspection found at least one cap stone has been removed and left unattached, showing a minimum amount of adhesive used to complete this repair. Other stones were found to be loose and easily moved. The east wall cap row stones shall be repaired by Pulte, including a pre repair inspection by City and Pulte, and cap stones re- adhered by Pulte per manufacturer's specifications. F. The HOA has requested the area immediately adjacent to their Monon Greenway egress walk be filled by Pulte, citing a safety issue. The egress walk is currently a seven foot wide concrete walk with drainage tile. The filling of the Monon egress point, already initiated by the HOA, shall not be a requirement of Pulte. Fill dirt by the HOA must be removed by the HOA, or its installation approved by the City Engineer and the Parks Department. Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 5 4. Landscape Audit. A separate landscape audit has been conducted by the Department of Community Services beginning in November 2010, updated over the course of spring and summer 2011, and finalized in October 2011. The DOCS audit was used to compare with a similar audit performed by the Tradition HOA, dated August 2011. Full Landscape inspection reports can be found in Appendix C. A. Driveway landscaping Inspection report: Species to match rest of budding Determination (Driveway plantings): Replacement by Pulte of missing and dead driveway plant material for all buildings. Replanting or replacement by Pulte of material noted as improperly installed. Missing- Dead /Installed Improperly (II) Building 1 3 grass 1 yew Building 2 2 arborvitae 4 yew (3 11) Building 3 2 arborvitae 6 grass 2 yew Building 4 1 grass 1 yew Building 5 4 grass 1 yew Building 6 3 grass Building 7 Building 8 4 grass 3 yew (3 II) Building 9 3 grass Building 10 2 yew (1 II) Building 11 4 grass Building 12 Building 13 3 arborvitae 1 bayberry Building 14 2 arborvitae 2 grass Building 15 2 arborvitae Building 16 Building 17 2 arborvitae 1 grass Building 18 1 yew (1 II) Building 19 1 grass 1 yew Building 20 2 grass _Building 21 Building 22 1 yew Building 23 TOTALS 13 arborvitae (M -D) 34 grass (M -D) 17 yew(9 M -D)(8 II) /1 bayberry(1 M -D) i Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 5 4. Landscape Audit. A separate landscape audit has been conducted by the Department of Community Services beginning in November 2010, updated over the course of spring and summer 2011, and finalized in October 2011. The DOCS audit was used to compare with a similar audit performed by the Tradition HOA, dated August 2011. Full Landscape inspection reports can be found in Appendix C. A. Driveway landscaping Inspection report: Species to match rest of budding Determination (Driveway plantings): Replacement by Pulte of missing and dead driveway plant material for all buildings. Replanting or replacement by Pulte of material noted as improperly installed. Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 6 B. Foundation landscaping Inspection report: Building 13 2 yew; 1 spirea; 1 weigela Building 14 2 holly; 4 boxwood; 1 burning bush Building 15 —1 boxwood; 1 burning bush; 1 spirea; 1 maiden grass; 1 day lily Building 16 3 yews; 3 spirea Building 17 —1 weigela; 2 maiden grass Building 23 —1 burning bush; 1 bayberry Building 7 —1 barberry Building 11 2 barberry Building 20 —1 boxwood; 1 euonymus; 1 buming bush; 1 spirea Determination: Replacement by Pulte of missing and dead plant material installed with construction in 2009 or later; Buildings 23, 17, 16, 15, 14, and 13. Replacement by Pulte of missing and dead plant material installed with buildings constructed without irrigation system: Buildings 7, 11, and 20. C. Common Area Inspection report: NE Corner (bldg. 23 and 18) 1 crab apple 4 arborvitae Funeral Home Parking area (bldg. 17 and 16) 5 arborvitae C.A. SE Corner 3rd Ave and 10 Street (bldgs 14 and 15) 1 crab apple Center Green north half (bldgs 11 and 7) 2 red maple Building 8 (east facade, south corners) 1 oak SE Corner (by Duke substation) 6 arborvitae (top of wall) 2 arborvitae (foot of wall) Determination: Replacement by Pulte of dead common area plant material noted above. Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 7 D. Tree mulch. It has been reported by the HOA and observed by DOCS that most shade trees and ornamental trees have been over mulched, creating a problem described as "volcano mulch which builds up a high level of mulch around the trunk, which encourages insects and moisture related maladies. The practice occurred while the HOA was operated by the developer, and has continued under the management of the residents. The cost for repair is estimated to be twenty dollars ($20) per tree. Determination: The cost for repair of 110 trees shall be split equally between the HOA and Pulte, amounting to $1100 each. E. Mulch bed restoration. There are many areas across the property where drainage improvements were made at the HOA's request, involving the removal of black corrugated drainage pipe was removed from the gutter /downspout drainage system, then replaced with river stone and downspout troughs. Across the property are the remnants of this pipe removal which were left unfinished, in many cases creating erosion channels, but, in general the result is an eight or ten inch channel which needs to be backfilled and mulched. Determination: Pulte shall restore all mulch bed areas where the repair need exists, with a level of detail indicating care for a quality outcome. Upon completion of Landscape items A E above, the surety in place to ensure proper landscape installation will be released. 5. Irrigation System. A separate Irrigation System audit was conducted by the Department of Community Services over the course of summer 2011, and finalized in October 2011. The DOCS audit utilized the August walk -thru; the HOA report titled "Traditions on the Monon Irrigation Repair List" (the List), personal field observation, the as -built irrigation plan prepared by Irrigation Design Source for Pulte and general assistance from Automatic Irrigation, Fishers, Indiana. The List submitted by the HOA following the August walk -thru detailed offered thirty-six (36) specific recommendations for improvements to each of the forty -three (43) zones in the system. The List was subsequently reviewed by Pulte who responded by resolving eighteen (18) of the recommended changes, and concluding that many of the actions were HOA responsibility, or not required by the PUD. Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 8 The PUD ordinance for Traditions does not provide precise design specifications for an irrigation system, nor does it require a plan submittal from which an objective evaluation can be made. The irrigation system audit is complicated by as -built plan which accounts for only forty (40) zones of the forty -three (43) zones, and does not indicate the recent updates from the parking construction, and/or subsequent resulting irrigation adjustments. It is apparent from field inspection and review of the as -built plan the installed irrigation system provides coverage to the vast majority of the property, including lawn areas and landscape beds. There are foundations plantings for buildings 7, 11 and 20 where irrigation conduit exists but irrigation hardware was not provided. This is in contrast to a community standard for landscaping foundation areas found at all other buildings within the property. It is generally observed that the opportunity is without a location where a garden hose may be used to water common area plants in parts of the property without irrigation, such as along the eastern edge of the property where a number of plants have been lost likely to drought. The neighborhood also appears to be challenged by a conflict between pet ownership and availability of greenspace on the property. There are many areas where the turf and shrubbery have been damaged by animal urine, as well as areas where animal feces had not been cleaned. This HOA management issue conflicts with proper landscape maintenance and degrades the positive effects from the irrigation system, in some cases obfuscates the system effects completely, and in general undermines efforts to improve the quality of the landscape. Determination: A. Irrigation system shall be installed by Pulte for foundation planting bed, Buildings 7, 11 and 20. B. The Irrigation As -Built drawing shall be updated by Pulte to include the over -flow parking areas, the irrigation adjustments, and missing zones, 41, 42 and 43. C. The irrigation plan may need to be amended, following review of the updated Irrigation As -built plan to ensure a high level of coverage in the amended areas noted above. Upon completion of Irrigation System items A C above, the surety in place to ensure a proper irrigation system installation will be released. The Director's determinations in this letter may be appealed to the Carmel Board of Zoning Appeals by you or any other interested party pursuant to Chapter 30.0 of the Mr. Tony Barbee Mr. Robert Potakar Re: Traditions on the Monon Transition Report Zoning and quality construction issues Page 9 Carmel Zoning Ordinance. Such appeals must be filed within thirty (30) days of issuance of this letter or the determinations are fmal. If you have any questions, or wish to discuss this matter further, please do not hesitate to contact me at 571 -2422. Very truly yours, Michael Hollib Attachments: Copy: Site map with building numbers Attachment A Traditions HOA "Defects List" Attachment B Traditions Transition Report Summary List of Issues Attachment C Pulte Inspection Items Response Status Attachment D DOCS Landscape inspection reports Attachment E Irrigation Plan "Defects List" DOCS photo documentation Mayor James Brainard John Molitor Douglas C. Haney