HomeMy WebLinkAboutOrdinance of Common Council Sponsors-Councilor Mayo and Councilor Kirby
ORDINANCE.NO. Z-503-07
AN ORDINANCE'OF THE COMMON;COUNCIL OF THE
CITY OF CARMEL, INDIANA
ESTABLISHING THE
tan- COBBLESTONE COMMONS r
PLANNED UNIT DEYELOPMENT;DISTRICT
WF1EREAS,.Section 31.6.4 of the,Carmel/Clay.Zoning Ordinance V289 (the "Carmel/Clay
Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in
accordance with the requirements of I.C. § 36-7-4,1500 et sec p;
WHEREAS, the Carmel/Clay Plan. Commission (the "Commission") has given a no
recommendation to the ordinance set forth herein ("Cobblestone:Commons") which-establishes:the
Cobblestone Commons Planned Unit Development District (the "District"), which shall also be
refcrredto as the "CobblestoneComrnons Ordinance:"
NOW THEREFORE, BE IT ORDAINED by the Common.Council of the City of Carmel,
Indiana (the"Council"), that (i) pursuant to IC §36-7-4-1500 et seq., it adopts this Cobblestone,
Commons Ordinance, as an amendment to the,Carmel/Clay Zoning Ordinance and it shall be in full
force and effect from and its passage, (ii) all prior commitments shall be null and void and
replaced and superseded by this Cobblestone Commons Ordinance, and (iii) this Cobblestone
Commons Ordinance shall be in full force and effect from,and after its passage and signing by the
Mayor.
Section 1 Applicability of Ordinance.
`Section 1.1 The Official Zoning Map of the City of Carmeland Clay Township, a part of
the Carmel/Clay Zoning Ordinance,,ishereby changed to designate the land
described'in'Exhibit"A", which,is attached hereto and incorporated herein by
reference,(the "Real Estate"), as;a Planned Unit Development District to be
known as Cobblestone Commons:
Section 1.2 Development in,the,District shall be governed entirely by (i) the provisions of
this Cobblestone. Commons Ordinance and its exhibits, and '(ii)those
provisions of the Carmel/Clay Zoning Ordinance specifically referenced in
this Cobblestone Commons Ordinance. Development,in the District shall be
exempt from the other provisions of the Carmel/Clay Zoning Ordinance that
are not specifically referenced herein, from the provisions, standards and
requirements contained within the Subdivision,Control Ordinance, including
but not limited to provisions regarding standards of design contained in
Chapter 6 and Chapter 7; provided, however, the provisions regarding
procedures for subdivisions, penalties,and.plat certificates shall apply. In the
event of a conflict between this Cobblestone Commons Ordinance and the
Carmel/Clay Zoning Ordinance, the Subdivision Control Ordinance or the
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Sign Ordinance, the provisions of this Cobblestone Commons Ordinance
shall apply.
Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth in
the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of
this Cobblestone Commons Ordinance.
Section 2 Permitted Use. Permitted uses shall only include detached single-family residential
homes,
Section 3 Accessory Buildings and Accessory Uses. All Accessory Structures and Accessory
Uses shall be permitted except that any detached accessory building shown in any development plan
shall have on all sides the same architectural features or shall be architecturally compatible with the
principal Residential Unit with which it is associated.
Section 4 Communication Equipment. Cell towers shall not be permitted. Home satellite
dishes shall be permitted.
Section 5 Platting: The platting of the Real Estate into smaller tracts shall be permitted, so
long as the proposed plat complies with the area requirements set forth below in Section 6, and the
creation of a new property line within the Real Estate shall not impose or establish new
development standards beyond those specified below in Section 6 for the entirety of the Real Estate.
However, the development of any parcel shall conform to the requirements of Section 14 below,
and all other applicable requirements contained in this Cobblestone Commons Ordinance.
Section 6 Height and Area Requirements.
Section 6.1 Building Mass:
A. Building Orientation: All Residential Units shall be oriented parallel and
perpendicular to 136`h Street, l st Avenue NW and to all interior private street and
private lanes, as is depicted on the Site Plan, which is attached hereto and
incorporated herein by reference as Exhibit."B".
B. Building Dimensions: Building dimensions shall be based upon the building
footprints that are depicted on the Site Plan.
Section 6.2 Maximum Building Height: The maximum Building Height is thirty (30)
feet.
Section 6.3 Minimum Perimeter Building Set Back: The minimum Set Back from the
right of way line of 136th Street shall be zero (0) feet, and.from the right of
way line of I`' Avenue NW the minimum Set Back,sl all the•shall be ten (10)
feet, and from the right of way line of the Monon Trail the minimum Set
Back shall be shall be fifteen (15) feet, and from the southern property line of
the Real Estate the minimum Set Back shall be five (5) feet.
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Section 6.4 Building. Separation. The minimum, distance between Residential Units,
measured from the exterior face of the foundation and excluding.patios, shall
be six (6) feet and the maximum' distance' between. Residential Units,
measured from the exterior face of the foundation and excluding patios, shall
be ten (10) feet.
Section 6.5 Density. There shall be a maximum of twenty-four (24) Residential Units on
approximately 2.6 acres.
Section 6.6 Lot Dimensions and Square Footage of Residential Units.
A. Lot Widths: The minimum lot width shall be twenty nine (29) feet and the
maximum lot width shall be fifty (50) feet.
B. Square Footage of Residential Units. The minimum square footage, above grade,
for individual Residential Units shall be•one thousand eight hundred (1,R00) square
feet, exclusive of any garages.
Section'7 Building Types.
Section 7.1 Architectural Design.Requirenients:
A. Building rendering and elevations: Attached hereto and incorporated herein by
reference as Exhibit "C" are building renderings that depict the permitted types of
architecture for the Residential Units to be constructed upon the Real Estate.
B. Roof design: The, roofs of all Residential Units shall be_gabled, except for open
porch roofs, and shall have a minimum slope•of twelve (12) horizontal to seven (7)
vertical.
• C: Garages: All garages shall be attached to the Residential Units and all garages shall
load to a•private street or interior lane. Two (2) car and three (3):car garages shall be
permitted.
D.. Windows:. All windows shall be rectangular double-hung, except that special
windowsPwill be allowed as accents. No plate glass picture windows,;strip windows
or arched windows shal{be permitted'on thefront facades
E. Porches: Covered porch designs should be offered;;in front elevation design options.
Uncovered decks shall not be permitted in the front yard.
n 6th F. 13611 r SVeetLBUildin ingsi Each Residential Unit=adjacent-to 136 Street, as is depicted
on the'Site Plan;,shall be designed in a-manner that-the;elevation facing 136th Street
shall have the appearance of a front elevation and not of a side elevation. The
foregoing'requirement.does not apply to any Residential Units that are not directly
adjacent to 136th Street.
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Section 7.2 Building Materials:
A. Primary Building Material: All Residential Units to be constructed upon the Real
Estate shall include Hardi-Board, Hardi-Plank and/or 1-Iardi-Shake or the equivalent
thereof, on front, side and rear elevations as the primary building material, excluding
but not limited to doors, soffits, trim, windows, gables and roofs.
13. Windows: All windows and window trim shall be framed in wood and/or vinyl-clad
wood.
C. Chimneys: All chimneys constructed shall be constructed from brick or stone or the
veneer equivalent. EFIS and vinyl siding chimneys are prohibited.
D. Stair details: All exterior guardrails, handrails and other stair details shall be
constructed from wood or wrought iron.
E. Roofs: All roofs shall be composed of asphalt shingles.
F. Foundations: The foundations shall be covered in brick, stone or stone veneer.
Section 8 Landscaping. Attached hereto and incorporated herein by reference as Exhibit "D"
is the landscape plan (hereafter"Landscape Plan").
Section 8.1 Front of Home.
A. Walkway: There shall be paved walkway from the porch or front door of the
Residential Unit to the front sidewalk.
B. Front yard: The front yard of all Residential Units shall be maintained with a
combination of low shrubs, trees, flowers and/or grass, in accordance with standards
described in this Section below and said plantings and/or grass areas shall be well
maintained and groomed.
C. Fences: Residential Units are permitted to have picket fences in the front yards.
However, no fence shall exceed thirty-six inches(36') in height. No chain-link fence
material of any kind shall be permitted.
Section 8.2 Maintenance. It shall be the responsibility of the owners and their agents to
insure proper maintenance of project landscaping approved in accordance
with this Cobblestone Commons Ordinance. This is to include, but is not
limited to, irrigation and mulching of planting areas-0 replacing dead,
diseased, or overgrown plantings with identical varieties or a suitable
substitute, and keeping the area free of refuse, debris, rank vegetation and
weeds.
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Section 8.3 Planting Standards. Landscaping:shall.be=integrated with other functional and
ornamental site design elements, where appropriate, such as hardscape
materials; paths; sidewalks, or any water features. Shade, trees planted to
satisfy the landscaping .requirements of this Cobblestone Commons
Ordinance shall have at least a two and one-half inch (2-1/2") caliper and
seven,foot (7')l height at the time of planting, however; ornamental trees are
permitted to be of a smaller caliper size and height at planting,basedon the
planting schedule contained within the Landscape Plan. If required by the
Landscape Plan, evergreen trees shall'be:a'minimum of six feet (6') in height
at the-time of planting. All trees, shrubs and ground covers shall be planted
according to accepted.horticultural standards. .Landscaping materials shall be
appropriate to local growing and climatic conditions. Plant suitability,
maintenance and compatibility with site construction features are critical
factors that should be considered. Plantings should be designed with
repetition, structured patterns, and complementary textures and colors, and
should reinforce the overall character.of the area.
Section 8.4 Building Base Landscaping. The building base landscaping around the
Residential Units shall include a minimum of twelve (12) shrubs.
Section 8.5 Perimeter Planting/Buffer Yard. The perimeter and buffer yard planting
requirements shall be in accordance to what is depicted on the Landscape
Plan.
Section 8.6 Interior Planting s. Adjacent to the entry drive of the development, as is
depicted on the Site Plan; foreach one hundred (100) linear foot increment,
-there shall be a minimum of two (2) shade trees, two (2) ornamental trees and
ten (10) shrubs.
lSection8.7 Promenade Plantings and Topiary Gardens. The promenade plantings and
topiary gardens shall be provided as is shownon the Landscape Plan.
Section 9' Lighting Requirements.
Section 9.1 Front of Home lighting: Each Residential Unit shall have a minimum of on e
(1) light fixture near the door.
Section 9.2 Rear of Home lighting: Each.,Residential Unit shall have a minimum of one
(1) light fixture oh the ,rear of each:unit; and the light position(s) shall be
'consistent among all units.
Section 9.3 Street Lighting: Street lighting locations shall be provided as shown on the
Site Plan.
Section 9.4 Light Fixture Renderings: Attached.hereto and incorporated herein as Exhibit
"E" are renderings that depict'the permitted type or types of wall mounted
luminaries and pole mounted luminaries for the District.
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Section 10 Signs and Entry Way.
Section 10.1 Ground Sign and Entry Way.
A. Type: At the entrance to the District, adjacent 1st Avenue NW, as is depicted on the
Site Plan, one (1) ground/entryway sign shall be permitted, including a stone pillar
monument, as is depicted on Exhibit "D" the Landscape Plan, which is attached
hereto and incorporated herein by reference.
B. Maximum Sign Area: Twenty-four (24) square feet.
C. Illumination of Sign: External.
D. Sign Permit: Required.
E. Fees: Required.
Section 11 Streets and Parking.
Section 11.1 Minimum Parking: Each Residential Unit shall contain a two (2) car garage
and Residential Units that are not directly adjacent to 136th Street shall be
permitted to have an optional three (3)car garage. In addition, there shall be
guest parking provided within on-street parking spaces and other off-street
parking spaces as is depicted on the Site Plan.
Section 11.2 Private Streets and Interior Lanes: The streets and interior lanes within the
District shall be private streets and private interior lanes that shall not be
dedicated to the City. Said private streets and private interior lanes shall not
be permitted to be gated and must always remain for open access to the
public. The private streets and private interior lanes shall be maintained by
the Homeowner's Association. The layout and design for the private streets
and private interior lanes to be constructed within the District shall be in
accordance to what is depicted on the Site Plan.
Section 11.3 Path Adjacent to 136th Street and Internal Sidewalks: As shown on the Site
Plan, a concrete path eight (8). feet in width shall be constructed adjacent to
136th Street. All internal sidewalks shall be concrete and shall be five (5)
feet in width.
Section 12 Monon Trail. The District shall incorporate a single access point to the Monon
Trail that shall connect with the common area on the western portion of the District, as is depicted
on the Site Plan. However, this connection to the Monon Trail shall require final approval by the
Transportation Systems Coordinator and the Director of Parks and Recreation for the City.
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Section.l3 Homeowners.ASsociation 'and.Declaration of Covenants. The Developer shall
prepare and record' a Declaration of Covenants which shall also contain various provisions
regarding the;Real Estate as determined by the Developer;'including, without limitation, provisions
for mandatory:assessments,and maintenance of the private streets, private lanes and, common areas.
The Declaration of Covenants shall also provide for the mandatory cstablishment;of a Homeowner's
Association,'*herebyTall owners of Residential.Units shall be required to be mandatory members of
the,Homeowner's Association.
Section 14 Approval Process.
.Section 14.1 Nature of Development Requirements. The development requirements set
forth in this Cobblestone°Commons Planned Unit Development-Ordinance are expressed in
detailed'terms as provided under I.C. Section 36-7-4-1509 (a)(2). As permitted under I.C.
Section 36-7-4-1509(e), the approval process contained in this Section 14 shall be adhered
to in order to obtain a Improvement Location Permit.
Section 14.2 Approval or Denial of the Primary Plat/Development Plan.
A. Exhibit "B", which is attached hereto and incorporated herein by reference, shall
serve as the Site Plan (the"SP"). The SP does,constitute the approved Development
Plan and primary plat for the Real Estate, and the SP, along with the other exhibits
that are attached,hereto and incorporated herein by reference, constitute the approved
architecture, design, lighting and landscaping for the Real Estate and the
improvements thereon, considered in connection with the Cobblestone Commons
Ordinance. Cobblestone Commons shall not require further (i)ADLS approval and
(ii) Development Plan/primary plat approval. The Final Development Plan approval
procedures are set forth below in this Section 14. If there is,a Substantial Alteration
in the approved ADLS and Development Plan/primary plat, review and approval of
the amended plans shall, be made by 'the Commission, or a Committee thereof,
pursuant to the Commission's rules of procedure! Any Minor Alterations to the
approved ADLS and Development Plan/primary Plat may be approved by the
Director, in the Director's sole discretion.
B., The Director shall have the sole and exclusive authority to approve without
conditions, approve with conditions, or disapprove the Final Development
Plans/Secondary Plats (collectively, the. "FDP") for the Cobblestone Commons;
provided, however, that the Director,shall not unreasonably withhold or delay the
Director's approval of the FDP that is in substantial conformance with the SP and is
in conformance with the Development Requirements and Development Standards of
this Cobblestone Commons Ordinance. If the Director disapproves any FDP, the
Director shall set forth in writing the basis for the 'disapproval and schedule,the
request for approval of the FDP-fora hearing-before'the full Plan Commission.
C. An amendment to the FDP, which is not determined by the Director to be a
Substantial Alternation or 'Material Alteration from the approved SP, may be
reviewed and approved solely by the Director. However, in the event the Director
determines that there has been a Substantial Alteration or Material Alteration
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between the approved SP and any proposed FDP, the Director may, at the Director's
discretion, refer the amended FDP to the Commission, or a Committee thereof, for
review and approval by the Commission and/or a Committee thereof.
D. The FDP shall be a specific plan for the development of all or a portion of the Real
Estate that is submitted for approval to the Director, which shall include reasonable
detail regarding the facility and structures to be constructed, as well as drainage,
erosion control, utilities, and building information.
Section 15 Definitions and Rules of Construction.
Section 15.1 General Rules of Construction. The following general rules of construction
and definitions shall apply to the regulations of this Ordinance:
A. The singular number includes the plural and the plural the singular, unless the
context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the future the
present.
C. The word "shall" is a mandatory requirement. The word "may" is a permissive
requirement. The word "should" is a preferred requirement.
Section 15.2 Definitions.
A. Accessory Structure: A structure subordinate to a building or use located on the Real
Estate that is not used for permanent human occupancy.
B. Accessory Use: A use subordinate to the main use, located on the Real Estate or in
the same building as the main use, and incidental to the main use.
C. Building Height: The vertical distance from the lot ground level to the highest point
of the roof for a flat roof, to the deck line of a mansard roof and the mean height
between eaves and ridges for gable, hip and gambrel roofs.
D. City: The City of Carmel, Indiana.
E. Commission: The Carmel/Clay Plan Commission.
F. Council: The City Council of the City of Carmel, Indiana.
G. County: Hamilton County, Indiana.
H. Declaration of Covenants: A Declaration of Covenants, Conditions and Restrictions
for the Real Estate which shall be recorded in the office of the Recorder of 1-Iamilton
County, Indiana, and which may, from time to time, be amended.
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d. Plan, Site. A general plan for the developmentiof'the Real Estate, abbreviated as
"SP" that is submitted for approval showing proposed facilities, buildings, and
structures. This plan- generally shows landscape areas, parking areas, site access,
drainage features, and building locations and is depicted on Exhibit "B", which is
attached hereto and incorporated,herein by reference.
J. Development Plan, Final. A specific plan for the development of the Real Estate
abbreviated as "EDP" Estate that is submitted for approval showing proposed
facilities, buildings, and structures. 'Phis plan review includes general landscaping,
parking, drainage, erosion control, signage; lighting; screening and building
information for the site. •
K. Development Requirements: Development standards and any requirements specified
in this Cobblestone Commons Ordinance,which:must'be;satisfied in connection with
the approval of a Final Development Plan.
L. Developer. Uptown Partners, LLC and its.successors'and assigns.
M; Director: Director, or Administrator, of the Department of Community Services for
the City of Carmel, Indiana: "Director" and "Administrator" shall include his/her
authorized representatives.
N. Homeowners Association: A nonprofit corporation established for the promotion of
the health, safety and welfare of the residents of the Cobblestone Commons, and to
manage, maintain, and repair the common areas within the Real Estate and any
improvements located thereon.
0. Material Alteration: Any change to an approved plan of any type that involves the
substitution:of one material, species,element, etc. for another.
P. Minor Alteration: Any change to an approved plan of any type that involves the
revision of less than ten percent (10%) of the plan's total area or approved materials.
Q. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described
in Exhibit"A".
R. Residential Unit. Residential Unit shall mean a single family detached residential
structure intended for occupation.
S. Right-of-Way: An area of land permanently dedicated to provide light, air and
access.
T. Set Back: The least measured distance between a building or structure, excluding,
however, porches, porch or building steps and patios, and the perimeter boundary of
the Real Estate. For purposes of determining Set Back, the perimeter boundary of
the Real Estate (i) shall always mean and refer to,the outside perimeter boundary line
of the Real Estate and (ii) Shall not be changed or reduced by reason of the platting
or subdivision of the Real Estate into.smaller parcels.
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U. Sign: Any type of sign as further defined and regulated by this Ordinance and the
Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as amended.
W. Substantial Alteration: Any change to an approved plan of any type that involves the
revision of ten percent(10%) or more of the plan's total area or approved materials.
Section 16 Violations. All violations of this Cobblestone Commons Ordinance shall be subject
to Section 34.0 of the Carmel/Clay Zoning Ordinance.
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P SSED by the Common Council of the City of Carmel, Indiana this day of
2007, by`a vote of '{ ayes and Z nays.
COMMON:COUNCIL FOR THE CITY OF CARMEL
i . ‘A, / 441,a
Presid/;officer hsep' C riffiths, Pr-Si ry
DPPosat N;0T P2eseNT"
Ronald E. Carter t , D. Mayo
/ �Ai i
Free' ck J. GIr Mark Rattermann
Richard L:Sharp Kevi, irrby j
ATTF
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Diana L. Cordray, AMC, Clerk Tress rer
IF
Presented by me to the Mayor of,the,Cityof Carmel, Indiana the • day of
,2007, at "[ 03 o'clock P .M.
---- 411112e,Diana L. Cordray, IAMC,'Clerk Treasur
Approved by me, Mayor of the Ci o armel, Indiana, this day of, `c•st-
200 t. `1 03 &cIgck_j.M.
rmes Brainard, Mayor
ATTEST:
Diana,L.:Cordray, IAMC,.Clerk Treasuj
] I
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2007031074:MISC 591.00
06/06/2007 01:44:07P 36 PCS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented'
..COMMITIMENTS CONCERNING THE USE
ANDDEVELOPENT OFREAL.ESTATE
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.Uptowiryartners; LLC, (liefeafterreferredto "Uptown"), is the developer'ora'parcel of '
real estate located m Hamilton County, Indiana and the:real estate•i is described.in what is
attached hereto and incorporated herein by referenced as Exhibit "A" (the "Real Estate").
Uptown makes the following commitments(the"Commitments")to the City of Cannel Common
Comicill(the "Council")for Cobblestone CommonsbannedUnit Development Ordinance.
Section 1 Reference. These Commitments are made in connection with approvals
obtaiiiedeunder thicket numbers 06110012PUD and 06110013 ADLS and Ordinance No.'7,-503-
Section2. Exhibits. The following exhibits are attached hereto and incorporated herein by
reference:
Exhibit"A". 'AtMehed heretofand incorporatedaher' by reference as•Exhibit."A" is the
legal deSoription of the real estate(theReal Estate");
Exhibit "B", Attached hereto and incorporated hea-ein by:refaence-as Exhibit "B" is a
revised site plan(the'Site Plan");
Exbibit•"C". Attached hereto mid incorporated herein by reference as Exhibit "C" are
revised building rendering/(the"BriildingRendcringa ); and,
ExhibitcD". Attached hereto and incoipordted herein by reference as Exhibit'"D" is a
revised landscape Plaiii(the"Landscape Plan"):
Exhibit-”E". (Attached:hereto and incorporated:herein,by reference as Exhibit "E'Hisan
explanation of the tree preservation areas and the recommended treatment for the same
(the"Treatment of Tree Preservation Areas").
+Section:3. Definitions. Different words and terms axe defined throughout these
conifintolents andfaitherthe following definitioneshaltapply throughouttheseCommitments:
1. DeVeloper. The ten*"Developer"taliall,meamand refer to Uptown and its successors and
assigns.
Section 4. Commitments. The Developer agrees and commits to the following:
I. That the maximum number of Residential Units to be constructed'upon the Real Estate
shall be seventeen (17);
2. That each Residential Unit shall have a driveway that can accommodate parking and
there shall also be a total of seventeen (17) parking spaces combined along Smoke), Row
Road and.1st Avenue NW,ads depicted on the attached Site tel The Developer shall
include in the Covenants, Conditions and Restrictions that shall govern the development
a provision that prohibits parking in the private lanes that are depicted on the attached
Site Plan;
3. That the minimum lot width for any Residential Unit shall be forty-two (42) feet;
4. That the minimum distance between Residential Units, measured from the exterior face
of the foundation and excluding the patio areas, shall be ten (10) feet;
5. That the Monon Trail access point that was depicted on a previous site drawing shall be
eliminated, as depicted on the'attached Site Plan and that the Developer shall construct a
trail plaza/staging area near the northwestern portion of the site and said area shall
include,a minimum of two (2)benches and a minimum of four(4) bicycle parking spaces,
as is depicted on the attached Site Plan;
6. That the minimum width of the private lanes internal to the site shall be twenty (20) feet,
as is depicted on the attached Site Plan;
7. That three (3)car garages shall be prohibited on the Real Estate;
8. That the Developer shall provide on the Real Estate a change in material at the location
where the central north/south sidewalk will cross the newly constructed 7`h Street;
9. That the multi-purpose concrete path that is located adjacent to Smokcy Row Road and
which is depicted on the attached Site Plan shall be increased from eight (8) feet in width
to ten (10) feet in width;
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10. Thatthe Developer agrees and commits to include,in the Covenants; Conditions and
Restrictions4hat shall govern,the development a:,provision that owners of Residential
Units,may not rent said Residential Units to renters for an initial period'of three(3)years
after the original constriction of the Residential,Unit;
1 l:Thatthe Developer shall include on the Site Plan the:dimensions of the"Monon Right-of-
Way".and the Developer agrees and commits that>no construction and/or development
work shall.;occur in the "Monon Right-of--Way" areaaand that the area shall be properly
marked and fenced throughout the development and construction phase of the
development. Except, however, that the Developer shall be•permitted to construct in the
"Moron Right-of-Way" area the trail plaza/staging area described in commitment
numbered five'(5)above;
That the Site Plan, Building Elevations, and Landscape Nan,that are attached hereto and
incorporated herein respectively as exhibits "B", "C", and "D", shall replace and
supersede prior versions of these plans and drawings and shall be considered the
approved Development,Plan and`primary plat for the Real Estate, as well as,the approved
architecture, design;and,landscaping for the Real Estate, as is required and defined in the
'Cobblestone Commons'POD Ordinance No. Z-503-07;and,
13. That the Developer agrees to donate the home that is located at 750 N. Is' Avenue N.W.;
Carmel, Indiana 46032;(the "Home") to the Carmel-Clay Historical Society and to make
a financial contribution to the Cannel-Clay Historical Society in the sum of Five-
Thousand Dollars, ($5,000.00). The Carmel-Clay Historical Society shall have the
obligation of moving the Home, at its sole cost and expense; from the Real Estate to a
new location. The Developer makes no representations regarding the condition and/or
structural integrity of the Home and whether or not it can survive any relocation. Further,
. the Cannel-Clay Historical Society is obligated to relocate the Home prior to the
Developer commencing development on the Real Estate, and if the Carmel-Clay
Historical Society does not relocate the Home prior to the Developer commencing
development on the Real Estate, the:Developer is permitted to dispose of the Home in
any manner that the Developer deems appropriate, in the Developer's sole and exclusive
discretion, and under such a scenario, the Developer shall not be required to make the
Five-Thousand:Dollar($5,000)donation to the Cannel-Clay Historical Society.
That,,in the event,the City of Cannel Common Council enacts a city wide ordinance by
- no later than November 15, 2007 ,thatrrequires all new single family residential home
construction to install residential' fire sprinklers,. Developer agrees to abide and
comply with said,ordinance and shall,install into all the Residential Units a residential
fire sprinkler system.
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15. That prior to the City of Carmel Department of Community Services approving and
authorizing the secondary plat/final development plan for Cobblestone Commons, the
Director of the Carmel Parks Department(the "Director of Parks") shall send a written
letter to the City of Carmel Department of Community Services indicating that the
Director of Parks has reviewed and approved of the proposed trail plaza/staging area that
is depicted on the Site Plan and that the same meets the applicable specifications and
requirements for construction.
16. That the Developer shall install signs, in appropriate locations along any private lanes,
indicating that there is no parking on the private lanes.
17.The Developer shall preserve existing established trees that are located within any "Tree
- Preservation-.Area'-(the_tTPA'2)..that..is_identified.on_the_Landscage.Plan;_prov_ided,_
however, that said trees may be removed under any of the following circumstances: _T T
• As is necessary to clear dead trees;
• As.is necessary for the installation of access easements, rights-of-way,
streets, paths, sidewalks, utilities and drainage improvements,
infrastructure and as determined in cooperation with the City of Carmel's
Urban Forester; and
• As is necessary for public health and safety as determined in cooperation
with the City of Carmel's Urban Forester.
• As is defined in the attached"Exhibit E", the Treatment of Tree
Preservation Areas, which contains specific instructions from the
Developer's meeting at the Real Estate with the City of Carmel's Urban
Forester, Scott Brewer,on May 25, 2007.
• (A) Further, during the development and construction phase of the Cobblestone
Commons development, the Developer shall employ and follow the standards and
•
best management. practices (the `BMPs") published by the City of Carmel's
Department of Community Services Urban Forestry Section for tree protection.
(I) The following BMPs will be used during construction on the site:
(i) Construction. The Developer, the applicable site contractors
employed by the Developer, a certified arborist employed by the Developer (the
Certified Arborist"), and any applicable engineers employed by the Developer
shall meet on the Real Estate to discuss all aspects of tree protection and
maintenance prior to the commencement of any work on the Real Estate.
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(ii) Tree Expert.. The Developer shall engage the Certified
Arboristto perform'the following work:
a) Recommend procedures to compensate for loss of roots`(if'any).and
perform initial pruning of branches and stimulation of root growth
where removed. This work'shall be completed prior to commencing
any construction activities.
•
b) Inspect all trees at the completion ofeonstruction and perform follow-
up care for any damage incurred.
__ _..,.__ -- c)—Submit_a-written tree_protection. certification_that_trees_have_been T
protected during the course of construction in conformance with
recognized:standards'of the industry. Certify that damaged trees were
promptly and properly treated. Indicate any damaged trees that are
incapable of reaching maturity and-those recommended for removal
and replacement.
(iii) Protective Fencing'. Protective fencing shall be installed to
clearly define the protected area as'-indicated on the Landscape Plan. Prior to
commencing with,clearing and grubbing or erosion and sediment control, install
temporary orange construction fence around areas to be left undisturbed.
"Temporary orange construction fence shall encompass any significant trees to be
saved witliincandalong the area designated"TPA".
(iv) Wash-Out Area.. Any "wash-out" area for trucks shall be
located away,from the"TPA", as approved by the engineer.
(v) Tree Roots. The Developer shall protect tree root 'systems;
throughout the life, of the project. Tree root systems ,shall be protected from
smothering, flooding, excessive wetting resulting from dewatering operations,
off-site runoff, spillage, and drainage of solutions containing materials that could
be hazardous to tree roots. Reirioval•of top soil or root mat withinathe "TPA" is
prohibited.
(vi) Traffic. The Developer, and its contractors and their
employees shall be prohibited from parking any construction,equipment, or from
storing building'supplies°or material within the "TPA". Foot traffic and vehicular
traffic-are prohibited within the"TPA".
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(vii) Tree Removal and Damaged Trees. The Developer shall not
remove any tree that is designated for preservation. Any tree damaged or
destroyed within the "TPA" shall be the responsibility of the Developer. The
Developer shall avoid the following:
a) Placing backfill in protected areas.
b) Felling trees into protected areas.
c) Driving construction equipment into or through protected areas.
d) Burning in or in close proximity to protected areas.
e) Stacking or storing supplies in protected areas.
f) Conducting unauthorized trenching operation in the vicinity of tree.
(2)Work within the"TPA".
(i) Root Pruning. Developer shall use a trenching machine,
vibratory knife, or rock saw to a depth of 18 in. along the outside limits of
disturbance, as shown in the Landscape Plan, prior to clearing or grubbing. When
a trenching machine is used, the trench shall be immediately backfilled. This root
pruning operation shall occur concurrently with tree pruning and tree fertilization.
Some trees that are immediately adjacent to the root pruning may be affected
adversely due to their close proximity to the excavation. Removal of any of these
additional trees or any of their limbs shall require the concurrence of the Certified
Arborist, the Developer, and the City of Canners Urban Forester.
Upon satisfactory completion of these activities, protective fencing shall be
installed along the outside edge of the trench line.
(ii) Replacing Damaged Trees. Existing trees that have been
designated to remain but are damaged beyond repair due to construction
operations or root pruning shall be removed and replaced. Replacement trees
shall be the same genus, species, and variety as the removed tree. The
replacement trees shall have a minimum caliper of 3 inches.
. (iii) Repairing Tree Limbs, Branches, and Trunks. The Developer
shall repair limbs and branches that have been damaged by construction
operations as determined by the Certified Arborist. Repairing shall be
accomplished by cutting damaged limbs and branches to healthy wood in
conformance with best management practices.
(iv) Pruning Trees. All pruning shall be in conformance with the
current edition of the National Arborist Association Standard for Pruning Shade
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Trees. All pruning tools and methods employed shall be in conformance with
accepted arboricultural practices performed by competent personnel under the
direct supervision of the Certified Arborist.
Safety ropes shall be used to climb trees to be pruned. Climbing spurs are
prohibited.
Existing injuries to bark, trunks, and limbs as designated by the Certified
Arborist, shall be repaired by properly cutting, smoothing the wood if necessary,
tracing the bark to the proper shape to ensure rapid healing, and using only
approved fools, materials and methods.
All.pruned_matetial_shall_be_removed_and disposed of by means_acceptable_to the_
Certified Arborist.
(v) Construction Activities within the `TPA". When construction
activities become necessary within the TPA, the Developer shall obtain written
permission from the City of Carmel's Urban Forester prior to working in the area.
(vi) Removal and Clean-up.
(a) Removal. After construction has been completed,
protective fencing and all surplus construction material shall be removed from the
site in a manner that will not cause damage within-the "TPA".
(b) Clean-up. The'Developer shall clean up all work areas.
Grades shall be restored, stabilized; and blended into the adjacent areas. The
Developer shall haul away all debris, excess dirt and construction materials and
dispose of off-site. The Developer shall seed all disturbed areas according to the
instructions from the Certified Arborist. The Developer shall guard and protect
the work to prevent vandal damage.
Section S. Bindine on Successors
These Commitments are binding on the Developer of the Real Estate and each subsequent owner
of the Real Estate, and each other person acquiring an interest in the Real Estate, unless modified
or terminated by the Council. These Commitments may be modified or terminated only by a
decision of the Council after a public hearing wherein notice as provided by the rules of the
Council has been made. The provisions of this paragraph 5 notwithstanding,these Commitments
shall terminate as to any part or parts of the Real Estate hereafter reclassified (rezoned) from the
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