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tc,ITZL Ltt7 Feb 1- OtDY\ kkgrr-- . • lea< Itiel4jo ca. • = jectv0- : -S: (4/- )6-->S7-1- 4 7 Lowialli too"-t9or tuiDUM1/43 • ,-frzLes,-1.- ; (9.--•°3e 111 cb % TAtbAilats .NNIL OCA/14.: _ - • 29(1:5>11-frH Cap 7 _ 1rc3)( , - c,spaN suo.‘614A)10.t. Hc4:14 dy abT:d -:stwasyyy) AUWLO. 5)ick_.p (v,e.6.01 oatst - - . -9 ..4:14t; oabv-i-a ;P; fuvAp /kyl,,ctik,_ :at; • '‘Z \: ' cn iccüoS1 t f '7 • Zo% ptsp o 3 d'05AA- - , .I • = CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE CARMEL:CTTY CODE CHAPTER 10:;ZONING&SUBDIVISIONS ARTICLE 2: SUBDIVISION REGULATIONS CARMEL SUBDIVISION CONTROL ORDINANCE -CHAPTER-7: OPEN SPACE-STANDARDS FOR MAJOR SUBDIVISIONS(ROSO III) TOO Subdivision.Open Space Design. 7.01 Subdivision Base Density. 7.02 unassigned. 7.03 Open Space Schedule. 7.04 Genera(Standards`For Open Space. 7.05 Open Space Priority Areas. 7.06 Standards For Natural Open Space. 7:07 Woodland Evaluation. 7:08 Standards-FM--Agricultural Open Space. ,7:09 Standards For Designed Open Space. 7.10 StandaidsForConservancy Lots. .7.1.1 Permanent Protection Through Conservation Easements. 7.12 Ownership of Open Space and Common'Facilities. 7.13 Maintenance. 7:14 Modifications. EXHIBIT A:•Open Space Schedule. EXHIBIT B:Open-Space.Conservation Plan Preparation Guidelines. • The Open Space Subdivision design approach has been adopted to ensure a minimum amount of neighborhood open space is integrated within all Major Subdivisions. Open Space should be set aside for active or passive uses,iand provide:a'network of open space. The open space requirements emphasize the protection of natural areas, such as flood:zones and woodlands,but also allow:for more structured open spaces, such as parks or squares;as well as for agricultural open space in the form:of fields or pasture.Open space should he consistent With the goals,"objectives and policies-set forth in the Comprehensive Plan. "Co encourage the maximum amount of open space within subdivisions,the ordinance allows for smaller lots, and reduced yard areas. The ordinance also allows fora density increase bonus when minimum requirements for open space are.exceeded. 7.00' Subdivision Open Space Desi¢n.' 7.00.01 unassigned. 7:00-02 Minor subdivisions shall be exempt from the requirements of this Chapter. 7.00.03 Major subdivisions with a gross density of .85 units per acre or less shall be exempt from the requirements of this Chapter. Section 7.00 amended per Ordinance'No;Z-483-05;Z-516-08 Chapter 7: Open Space Standards For Major Subdivisions 7-1 as amended per Z-346: Z-458-04;Z-475-05;Z-483-05;Z-516-08 Spring 2008 v I • CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE 7.01 Subdivision Base Density.` The base densitypermitted for new subdivisions is set forth below:The percentages in the following table refer to the percentage of a subdivision's gross site acreage which must be devoted to open space as defined in this Chapter: RESIDENCE STANDARD BASE DENSITY DISTRICT OPEN SPACE FOR QUALIFYING (PER ZONING REQUIREMENT SUBDIVISION ORDINANCE) (SOSR) (Lots/Acre) S-1 Residential Estate 15% 1.0 S-1 Very Low Intensity 15% 1.0 S-1 Low Intensity 15% 1.0 5-2 20% 2.4 R-I 20% 2.9 R-2 20% 3.9 R-3 25% 5.0 R-4 25% 8.0 R-5 25% 12.0 7.02 unassigned.' 7.03 Open Space Schedule. Together with the primary plat application,the applicant must submit an Open Space Schedule,noting the Open Space categories used and acreage of each. ('Exhibit A). Subdivision open space is divided into four (4) categories:Natural Open Space,Agricultural Open Space, Conservancy Lots,and Designed Open Space. 7.03.0 I Natural Open Space.(See Section 7.06). Natural Open Space includes all land areas set aside in a naturally occurring state, including priority conservation areas,used either: 1. for the purpose of passive neighborhood recreational.use; 2. to protect scenic views;or 3. to minimize views of new development from existing roads. 7.03.02 AGRICULTURAL OPEN SPACE (See Section 7.08). Agricultural Open Space includes all land areas set aside for agricultural uses, including pastureland. 7.03.03 CONSERVANCY LOTS(See Section 7.10). Conservancy Lots are intended to be used primarily as large lot residential uses which serve as a buffer and/or transition to pockets of low intensity,very low intensity;and residential estate subdivisions. 7.03.04 DESIGNED OPEN-SPACE(See Section 7.09). Designed Open Space includes all land areas(other than Agricultural and Natural Open Space) set aside or designed: 1. for passive or active recreational use within neighborhood areas; 2. To enhance views of new houses from existing roads; 'Section 7.01 amended per Ordinance No,Z-475-05,,ca. 3Section 7.02 deleted per Ordinance No.Z-483-05. Chapter 7: Open Space Standards For Major Subdivisions 7-2 as amended per Z-346;Z-458-04;Z-475-05; Z-483-05;Z-516-08 Spring 2003 v . 1 Crr1%OF CARb1EL SUBDIVISION CONTROL ORDINANCE • 3. TO acf as neighborhood focal points. 7:04 General Standards For Open Space. All,ubdivision open space thatis set aside-for common use, shall be designed using the standards set forth wiihin'each open space category; and per the general requiietnents below. 7.04.01 Any lot within a subdivision shall be located within a one thousand-foot(1000')radius of Open Space • to help ensure safe and convenient access to the greatest number of lots within the subdivision. 7.04.02 Open space must also be accessible for land management and emergency purposes. 7:04:03 Open space must be easilyand permanently identifiable as Open space through one or more of the following:maintenance practices,permanent signage,permanent monuments_paths or walks,walls,or low fencing. 7104.04 Open space.intended for active recreational use must be suitable for such use without posing interference with adjacetitch'elling units,parking,driveways,and roads. 7.04:05 Open space shall be undivided by streets or alleys; except where necessary for proper traffic circulation: - 3.04.06 Open space must he free of all snvctures, and buildings except for structures directly related to the purpose of the open space provided,such as swimming pools,clubhouses,gazebos,picnic shelters, band "shelters, decks and bridges. However„the Commission may pant approval of structures and improvements required for storm drainage,:sewage treatment and water supply within open space, provided that such facilities would not be detrimental to the usability of open space. :7.04.07 There shalt be submitted an Open Space Conservation Plan as part of the Primary Plat application.The Open Space Conservation Plan shall address the intended,use of project open space;and shall comply with the Commission Open Space Conservation plan Guidelines(Exhibit B). 7:05: Open'.Space Priority Areas' Open Space-Priority.Areas shall be protected to the extent indicated below,and May be utilized as project open spade: 7.05.01 Public Wellhead Protection Areas representing a-two hundred-foot(200')radius control area around the wellhead,shall be protected intheir entirety. 7.05.02. The complete sealing of all lakes,ponds,or other water impoundment of any kind located within the • one-year time of travel for any existing public wellhead.No lakes;ponds or other water impoundment of anykind shall be allowed within the two hundred-foot(200')radius of a public wellhead. 7:05.03. The proposed subdivision of any tract shall bedeaigned to cause thedeast practicable disturbance to natural infiltration and percolation of precipitatioa'to the.groundwater table,through careful planning of vegetation and land disturbance activities,and theplacement of streets,buildings and imPervious surfaces. `7:05.04 All:FEMA andIDNR 100-Year Floodway and.FIoodway.Frinne.Areas shall be preserved in their entirety,however: 1. Alterations to floodway and floodway fringe areas;niay Occur pursuant to a Letter of Map Revision(LOMR)pursuant to the Federal Emergency Management Agency and Commission approval; ' Sectiorr705 attended per Ordiriance No.Z458-04.yin. Chapter': Open Space Standards`For-Major Subdivisions 73 as amended per Z-346;Z-458-04;Z-475-05;Z-4S -05;'Z-516-OS Spring 2008 v MTV OF CARMEL SUBDIVISION CONTROL ORDINANCE 2. Excavation, filling of earth or removal of native vegetation within one hundred-year floodway fringe areas shall be prohibited',except as may be required by the Hamilton County Drainage Board,or Carmel Board of Public Works and Safety. 7.05.05 Federal Jurisdictional Wetlands of one-quarter-acre (Yd-acre) or greater shall be preserved in their entirety, including a fifty-foot-wide (50') perimeter buffer area to insure their protection. Wetland alterations may occur,however,pursuant to a mitigation plan approved by the Indiana Department of Environmental Management and the Commission. 7.05.06 The White River Greenwav,The White River is this community's most significant natural and cultural resource. An Open Space Priority Area in the form of a one hundred-foot wide buffer strip,measured from the water's edge at normal pool elevation.(as verified by the Indiana.Department of Natural Resources)along the Clay Township side,shall be established adjacent to the White River.This buffer strip serves to help maintain or improve water and habitat quality along the River's length through Clay Township. 7.05.07 Woodlands. Woodland areas that occur throughout Carmel/Clay, are primarily associated with streams,ditches,wetlands,poor and erodible agricultural soils,and moderate to steep slopes.Because of their resource values,all Mature Woodlands Young Woodlands,and Scrub Woodlands on any tract proposed for subdivision shall be evaluated by the applicant and the'Commission to determine the extent to which they shall be designated, partly or entirely, as Open Space as determined below. Evaluation criteria and protection for woodlands are found in Section 7.07: 1. No more than fifteen percent(15%)of lands occupied,as of December I, 1998,by Mature Woodlands shall be cleared. 2. No more than thirty percent(30%)of lands occupied, as of December 1, 1998, by Young Woodlands shall be cleared.. 3. No more than fifty percent (50%) of lands occupied, as of December 1, 1998, by Scrub Woodlands shall be cleared. 7.05.08 Special Opportunity Corridors are linear.unbuildable areas subject to restrictions by major pipeline companies or public utilities. These corridors extend for long distances through CarmeUClay, and provide a tremendous opportunity for tow-impact improvements such as multi-purpose Pails and landscaping. All Pipeline easements,and high voltage electrical transmission lines within easements and delineated as Special'Opportunity Corridors (in the Alternative Transportation Plan of-the Cannel/Clay Comprehensive Plan shall be set-aside,and integrated into the overall subdivision design as project open space.As an Open Space Priority Area,-the development of a linear trail systeiv shall be a requirement•for all new subdivisions directly impacted/encumbered by Special Opportunity Corridors. 7.05.09 Historic Structures and Sites shall be preserved as provided below.Many of the community's historic structures and sites(resources)have-been extensively researched and remain intact. For purposes of this ordinance, The Hamilton County Interim Report,as amended,published March 1992 by the Historic landmarks Foundation Of Indiana, shalt be the official inventory of historic structures and sites in Cannel/Clay Township. For purposes of this ordinance,the property known as-the Warren House, located at 1225 East I l6'h'Street, Tax Parcel No: 17-13-01-00-00-007.000, shall also be considered a historic structure and site. 1. Plans requiring subdivision approval shall be designed to protect existing historic structures and sites of all classes. This projection shall include the conservation of the landscape immediately associated with and significant to those structures and sites,to preserve their historic context. 2. Where, in the opinion of the Commission, a plan will have a detrimental impact upon a historic resource, the developer shall mitigate that impact to the satisfaction of the Commission by modifying the design, relocating proposed lot lines, providing landscape buffers,or other approved means. Chapter 7: Open Space,Stanclards For..Major Subdivisions 7-4 as amended per Z-346;Z-458-04;Z-475-05; Z-483-05;Z-516-08 Spring 2008 v 1 CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE EXHIBIT A OPEN SPACE SCHEDULE ,SUBDIVISION NAME: 1. SITE ACREAGE f 2. ZONE DISTRICT 3. MINIMUM OPEN SPACE REQUIREMENT(SOSR) / acres 4. OPEN SPACE PROVIDED(OSP). / acres 5. PRIMARY CONSERVATION AREAS • Well-bead Protection Area ❑ FEMA/IDNR 100 year Floodway ❑ FENIA/IDNR 100=year Flood Fringe ❑ Wetlands(>1/4 ac.) ❑ White River Collider ❑ Scrub Woodland ❑' Steepslopes(10%) ❑ Young Woodland ❑ Mature Woodland ❑ Historic Structures/Sites ❑ Special Opportunity Corridor(identify) - ❑ Other 6. NATURAL'OPEN SPACE PROVIDED / acres 7. AGRICULTURAL OPEN SPACE / acres S. DESIGNED OPEN SPACE / acres D Syuare ❑ Parks ❑ Green ❑ Boulevard ❑ Greenbelt ❑ Paths ❑ Trails ❑ Golf Courses ❑ Pond(see below) o Other 9- 'CONSERVANCY LOTS no. lots acres 10. 'PONDS total.measured perimeter(in linear feet) LC. total measured accessible.perimeter(not bounded) I.f. Chapter.7: Open Space Standards For;Major'Subdivisions- 7-11 1 as amended per Z-346;Z-458-04;Z-475-05;Z-483-05;:Z-516-08 Spring 2008 v 1 CITY OE CARMEL SUBDIVISION CONTROL ORDINANCE EXHIBIT B OPEN SPACE CONSERVATION PLAN PREPARATION GUIDELINES A. The Open Space Conservation Plan shall be submitted as a map and written report, and made a part of the Primary Plat application. The Open Space Conservation Map shall be a 24"x 36"plan,and include the following: a. Title block, north arrow and scale; b. name of project and date of preparation;name of preparer,contact information; c. project boundary, including all adjoining parcels within six hundred(600) feet; d. existing roads,buildings,utilities and natural.features; e. delineation of all Open Space Priority Areas(Section 7.05); f. delineation of woodland classification areas(Section.7.05.E)including edges and sampling points; R. proposed roads,lots,storm water management facilities,community buildings and utilities; It proposed project open space and common areas; i. -Written project construction sequence summary. 2. The Map shall also identify and describe the construction teclmiques and conservation practices that will protect open space areas during construction of the project. B. The Open Space Conservation Report shall be hound,8.5"x 11"format,addressing the following areas: 1. General Project Information: a. The name of project and date of preparation; b. The name of preparer,contact information; c. A completed Open Space Schedule form; d. A site context plan(II"x 17"),scale and north arrow and title block,and showing the site boundary,existing roads;proposed road and lot layout,storm water management facilities, location of Open Space Priority Areas;location of project Open space. 2. Open Space: a. A written,itemized description of all Open Space Priority Conservation Areas; b. Written descriptions of other proposed project open spaces; c. Written and photographic description of the composition and conditions and review of woodland evaluation criteria; d. Written and graphic description of afforestation and/or reforestation plans. 3. Maintenance and Operation Plan: a. An estimate of staffing needs; b. Insurance requirements; Chapter 7:Open Space Standards For Major Subdivisions 7-12 as amended per Z-346;Z-458-04;Z-475-05;Z-483-05;Z-516-08 Spring 2008 v CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE c. Define-the means foi''fundingthe operation and Maintenance costs of the.project open space and any common faciLifieson an on gomglbasis.Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance.costs; - - - d. Plans for regular and periodic operation and:maintenance responsibilities for the various categories and types of open space. Chapter 7: Open Space Standards Foi Major Subdivisions • 7-13 as amended per Z-346:Z-458'04;Z-475-05;Z-483-05;Z-516-08 Spring 2008 v1 Crll'OF CARMEL SUBDIVISION CONTROL ORDINANCE CHAPTER 7: OPEN SPACE STANDARDS FOR MAJOR SUBDIVISIONS AMENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z-346 Z-458-04 04080046 OA December 6,2004 December 6,2004 7.05.09 Winter 1005 vi Z-475-05 05010007 OA March 7,2005 March 7,2005 7.01 Winter 2005v2 Z-483-05 05090002 OA January 9,2006 January 9,2006 7.00.03; 7.02 Winter 2006 vl Z-516-08 08080001 OA April 21,'2008 April 21,2008 7.00.01 Spring 2005 v1 Chapter 1: Open Space Standards For Major Subdivisions 7-14 as amended per Z-346; Z-458-04;Z-475-05;Z-483-05;Z-516-08 Spring 2008 v I • Conn, Angelina 1./. From: JustinMoffett [Justin @otdg.net] Sent: Monday, October 15, 2012 10:24 AM To: Mindham, Daren Cc: Conn, Angelina V Subject Re: Gray Oaks -Landscape review Attachments: L100 - Gray Road Landscape Plan 10-12-;12 LA101.pdf; L100 - Gray Road Landscape Plan 10-12-12 LA902.pdf Daren- Here are the landscape plans adjusted per your comments. Second email will have remaining pages. Thanks. Justin Forwarded message From: Anthony Korty<Maintenance @sundowngardens.com> Dale: Fri, Oct 12. 2012 at 5:07 PM Subject: RE: Gray Oaks - Landscape review To: Justin Moffett<Justin @otdg.net> Justin, Please'find;attached the first half'of the plans-with the revisions as requested. I believe Scott emailed you earlier regarding our thoughts on the portion of point 2 regarding the blend of street trees on the plan. Other than substituting for the Canada.Chokecherries as requested'we did notmodifythe planting scheme of the street trees. We feel as though we have a relatively good balance of tree species planted as both street trees and buffer plantings. Anthony From:Justin Moffett [ma ilto:JiustinOotdq:neti Sent: Friday .October 12, 2012 9:02 AM To; S Senefeld;.Anthony`Korty Subject: Fwd:-Gray Oaks - Landscape review Can you guys adjust the Gray Oaks plans per the comments below and get back to me by Monday? 1 ,Conn, Angelina V From: Mindham, Daren Sent: Monday, October 15, 2012 12:05 PM To Conn, Angelina V Subject: FW: Gray Oaks - Landscape review FYI Daren Mindham Urban Forester City of Carmel Department of Community Services One Civic Square Carmel, Indiana 46032 From: Justin Moffett [mailto:Justin @otdg.net] Sent: Monday; October 15, 2012`12:04 PM To: Mindham, Caren Subject: Re: Gray Oaks Landscape review Thank you. On Mon, Oct '15, 2012 at 11:46 AM. Mindham, Daren <dmindham @carmel.in.gov> wrote: Thanks. I haveia stamped copy attached along with a more legible original. I.believe that concludes my landscape review. Daren Mindham Urban Forester City of Carmel Department of Community Services One Civic Square Carmel, Indiana 46032 From: Justin Moffett [mailto:Justin @otdg.net] Sent: Monday,,October 15, 2012 10:25 AM To: Mindham1Daren Subject: Re: Gray Oaks - Landscape review 1 Conn, Angelina V _ ,From: Jon Dobosiewicz [jond @NF-LAW.COM] Sent: Wednesday, October 10, 2012 1:11 PM To: Conn, Angelina V Cc: Jim Shinaver;Justin Moffett Subject: RE: Gray Oaks info packet Angie, Thanks for discussing this with me today. Please see my notes below in bold. 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) ion @nf-law.com Jon- I had a few notes from the Oct. 2 committee meeting as to what the committee members wanted to see added, and I do not see those addressed in the,revised info packets. They are related to the following: a. Behind Lots 1-4, a staggered panel fence/wall, instead of a solidrone... Will do and OK as condition of approval b. Adding a.boardwalk.to the pond... We spoke with Josh just after our item ended and he assured us that this was notsornething he expected us to do but only to consider. c. Adding a gravel or mulch path between the 2 ponds... Will do and OK as condition of approval d. Add to the covenants& restrictions that vehicles parked on the driveway cannot obstruct the sidewalk... Will do and OK as condition of approval 1 Conn, Angelina V From: Mindham; Daren Sent: Monday, October 08, 2012 10:46 AM To 'Justin Moffett' Cc: Conn, Angelina V Subject: Gray Oaks - Landscape review Attachments: Gray Road Landscape Plan 9-26-12 LA103,pdf; Gray Road Landscape Plan 9-26-12 LA101.pdf; Gray Road Landscape Plan 9;26-12 LA102:pdf Justin, The following email represents comments for this project specifically addressing the area of landscaping. I have reviewed the drawings and offer the following comments: URBAN FORESTRY REVIEW COMMENTS 1) On sheet.LA101 and LA102, please add a bar scale to the scale notation. 2) I have seen subdivisions run into issues when they have a long stretch of the same street tree. For example the emerald ash borer infestation or simply the scale bug spreading and affecting every tree because they are the same species. I would like to recommend alternating the street trees with.2 or more species so that if something does occur a,whole area will not be completely affected. Also, the PV 'cherry' tend to have limbs that grow to the ground and are hard to trim up for street and sidewalk clearance. For instance, the,ones on the west side of Gray road closer to Main St. Please change this tree choice out. London:Plane'tree, a hybrid elm or another oak species would work well. 3) Past plans showed a few trees around the ponds. Please add back a few trees, bald cypress or river birch would be a great choice. A shade tree here and there'will make it more attractive for people to sit and enjoy the view. Please illustrate howthese comments will be addressed by letter or revised plan. If you have any questions, feel free to contact me. Thanks. Sincerely, Daren Mindham Urban Forester City of Carmel Department of'Community Services One Civic Square Carmel,Indiana.46032 From: Justin Moffett [mailto:Justin©otdg.net] Sent: Tuesday, October 02, 2012 2:58 PM To: Mindham,Daren Cr Conn, Angelina V Subject: Gray Oaks - Site Landscape Revisions 1 Conn, Angelina V From: Conn,;Angelina V Sent: Friday; October 05, 2012 2:28 PM To: 'Jon DObosiewicz Cc: Jim Shinayer; 'Justin Moffett' Subject: Gray Oaks info packet Hi, ion— I had a:few notes from the Oct. 2 committee meeting as to what the committee members wanted to see added, and I do not see those addressed in the revised info packets. They are relatedto the following: a. Behind Lots, 1-4, a staggered panel fence/wall, instead of a solid one b. Adding a boardwalk to the pond c. Adding a.gravel or mulch path between the 2 ponds d. Add`to'the covenants& restrictions that vehicles parked on the driveway cannot obstruct the sidewalk Please let me know if the petitioner is willing to commit to any of these. Thanks, Angie Conn, Planning.,Administrator City of Carmel Planking &Zoning Division Dept. off Community Services 1 Civic Square, 3rd Flr. Carmel,=IN'46032; 317-571-2417 I F: 317-571-2426 I E: aconnacarmel:in.aov W: www:carmeldocs.com Please consider the environment before printing thine-mail 1 °Conn,_Angelina V From: Greg Ilko [gilko @crossroadengineers.com] Sent: Monday, October 01, 2012 3:00 PM To: Foley, Amanda J Cc: Duncan, Gary R; Thomas, John G; Conn, Angelina V; dmyers @crossroadengineers.com Subject: RE: Gray Oaks Thanks all. See you with construction documents later this month!! G From: Foley, Amanda I (mailto:afolev @carmel.in.00vi Sent: Monday, October 01, 2012 2:57 PM To: 'Greg Ilko (gilko @crossroadengineers.com)' Cc: Duncan, Gary R; Thomas, John G; Conn, Angelina V; 'dmyers @crossroadengineers.com' Subject: Gray Oaks Greg, We have looked at the primary plat submitted last Thursday for this project, as has Kerry Daily with C1313EL. The Engineering Department is supportive of this primary plat being approved. We can address any remaining comments during the construction plan review. Thank you, Amanda Foley Staff Engineer City of Cannel Department of Engineering 317-571-2309 (direct) afoley @carmel.in.gov CrrY 01:CARMEL SUBDIVISION CONTROI,ORDINANCE EXHIBIT A OPEN SPACESCHEDULE SUBDIVISION NAME: GRAY OAKS 1. SITE ACREAGE 22. 73 Ac + (EXCLUDES PROPOSED GRAY ROAD R/W) 2. ZONE,DISTRICT R-1 198,.024 3: MINIMUM OPEN SPACE REQUIREMENT(SOSR) sft / 9.55 acres (20% of 22.73 Ac. ) 215,186 4. OPEN SPACE PROVIDED(OSP) sft / 4.94 acres (22% of 22.73 Ac. ) 5. PRIMARY CONSERVATION AREAS ❑ Well-head Protection Area ❑ FEMA/IDNR 100 year Floodway o FEMA/IDNR 100-year Flood Fringe ❑ Wetlands(>1/4 ac.) ❑ White River Corridor ❑ Scrub Woodland o Steep slopes.(10%) ❑ Young Woodland ❑ Mature Woodland ❑ Historic Structures/Sites ❑ Special Opportunity Corridor(identify) ❑ Other 6. NATURAL OPEN SPACE PROVIDED N/A / acres 7. AGRICULTURAL OPEN SPACE N/A / acres 215,186 8. DESIGNED OPEN SPACE sft / 4.94 acres o Square ❑ Parks ❑ Green 14 Boulevard ❑ Greenbelt ❑ Paths o Trails ❑ Golf Courses Pond(see.below) $I Other 7.09.11 DOG PARK 7.09.11 RAIN GARDEN/POND #1 Sr #2 9. CONSERVANCY LOTS N/A no. lots acres 932 1 f t - Pond 1 10. PONDS total measured perimeter(in linear feet) 111,978 1f t- Pond 2 total measured accessible perimeter(not bounded) I.f. 254 lft (13%)- Pond 1 1273 lft (64%)- Pond 2 /:1; (: • APPROVED TY OF CAR,L Chapter 7:Open Space Standards ForMajor Subdivision 4 /4 7-11 URBAN FORESTER as as amended per Z-346; Z-458-04; Z-475-05; Z-483-05; Z-51 08 Spying 2008:v I q/ a7 Jia- DATE NELSON& FRANKENBERGER A PROFESSIONAL.CORPORATION ATTORNEYS AT LAW JAMES NELSON 3105 EAST 98TH STREET, SUITE 170 JANE B.MERRILL, CHARLES D:FRANKENBERGER INDIANAPOLIS, INDIANA 46280 Of Counsel JAMES E.SHINAVER LAWRENCE J:KEMPER PHONE: 317-844-0106 JOHN B.FLATT. FACSIMILE: 317-846-8782 JON C.DOBOSIEWICZ, FREDRIC I,AWRENCE Land Use Professional JAMES A.NICKLOY September 21, 2012 3, 56789 Angie Conn ,, sa City of Carriiel ¢ ;;z". One Civic Square '2/ Carmel, IN 46032 a, r '12 4 It Re: Gray Oaks—Primary Plat & Subdivision Waiver :" . ti Docket Number: 12050015 PP & 12070023 SW O`6 8 z g 5 Dear Angie: Enclosed you will find nine (9) paper copies and a`CD'containing a digital copy of the information booklet for the above:referenced matter scheduled for consideration by the Subdivision':Committee of the Plan Commission on October 2, 2012. Should youthave any questions please do not hesitate to call. Very truly yours, NELSON,& FRANKENBERGER, P.C. Jon C. Dobosiewicz Land Use Professional Enclosures Gray Oaks-transmittal Llr to A Conn 092012 Conn, Angelina V From: Mindham,;Daren Sent: Friday, September 21, 2012 12:39 PM To justininoffett @ aol.com Cc:L Conn; Angelina V Subject: Gray Oaks - revised plans and open:space talcs Attachments: GRAY OAKS- OPEN SPACE EX 9 - 9.17.12..pdf; OPEN SPACE EX. A- 9.17.12.pdf; Exhib A.PDF; Exbit B.PDF Justin, I reviewed the landscape exhibits and attached additional pdf's with,my comments. I would be happy to meet if you think,it is necessary to go over the comments. But I will try to explain what my notes refer to on exhibit B. Comments • The cross hatching along Gray Oaks et overlays the sidewalk,to curb area This should be removed. • The cross hatching along some of the lot rears overlays the private lots. This should be removed. • For these two areas to be tree preservation areas that can be counted toward the Open Space, it would require a width of 75'. want these areas to.stay as tree preservation area but it will not be able to be added as open space for the calculations. • Minus these two areas and subject to the cross hatching overlayed,areas,the subdivision still meets the requirement tor open space at around 4.94 acres not 5.78. I have made some changes to reflect that on the summary. • I would like to.see a key showing the difference between the cross hatching for designed open space, natural Open space and the tree preservation areas. Please make revisions according to these,comments and this should Satisfy my review. Thanks. Daren Mindham Urban'.Forester City of Carmel Department of Community..Services • One Civie Square Carmel, Indiana 46032 From: Justin Moffett jmailto:Justin @otdg.netj Sent: Monday,Septerriber 17, 2012 2:52 PM To:,Conn,,Angelina V Cc: jendONF=LAW COM Subject:,Gray Oaks Angie, Per our meeting last,week, I'have attached revised open space exhibits for the Gray Oaks subdivision. We understand that we will be getting waivers for the issue regarding homes adjacent to the thoroughfare. However, at this time we-are not anticipating=any waivers necessary related to the•open space. If there is any uncertainty remaining by the planning staff we would like the opportunity to present our plans to the subdivision committee to prove our compliance with the ordinance. We will be revising our site landscape plans this week to include in our packets to the plan commission. 1 'Cohn, Angelina V From: Mindham, Daren Sent: Tuesday„September 18, 2012 11:08 AM To: Conn, Angelina V Cc: Hollibaugh,;Mike P Subject: RE: Gray Oaks - revised:plans;andopen space calcs Attachments: Exhib A.pdf; ExbitB.pdf Angie, Most of these attached comments were older comments that were never submitted back to.Justin as the site was getting revised anyway. I.thinksome'•things need to be tweaked butthey;still meet tthe 20% requirement for open space. Eliminatingthe Minor open space areasthatthey have on the lots and.over--the sidewalks should still meet the requirements as.they are at 4:94;and'o_nly need 4.55 ac. The tree preservation areas can stay as labeled but they should n not be addedas usable designed opespace. I think they have to bek75'wideto be used as Woodland space. Doren Mindham Urban Forester City of'Ca rmel Department of Community Services One Civic,Square Carmel, Indiana 46032. From: Conn, Angelina,V Sent:Monday;5epternber 17,.2012 3:29 PM To: Mindham; Daren CtrHolibaugh, Mike P Subject:'RA!: Gray Oaks- revised plans and open space cafes Daren— Please take:a look atthese revised plans. Please confirm-that they do not need any waivers:from the Open Space Ordinance now. (They will be revising their landscape plans this week.) Thanks! Angie From:/Justin Moffett [mailto:ustin(alotdq:net] Sent: Monday, September 17, 2012.2:52''PM Conn,—Angelina V .Ctrjond(a NF-LAW.COM Subject:_Gray Oaks Angie, Per our meeting last-week„1 have attached revised open space exhibits for tlie.GrayOaks subdivision. We understand that we will he getting waivers for the issue regarding homes adjacent to the thoroughfare'However, at this'time We are not anticipating any waivers necessary related tmthe open space. If there is any uncertainty remaining by the planning staff we would like the opportunity to present our plans to the subdivision committee to prove our compliance with-thee ordinance. We will be-teVising otir site landscape plansthis'week to.include in our packets to the plan commission. 1 cunt OF CARMEL SUBDIVISION COYI'ROL ORDINANCE • EXHIBIT A OPEN SPACE SCHEDULE SUBDIVISION NAME: GRAY OAKS. 1. SITE ACREAGE 2-2 .73` AC.f'(EXCLUDES PROPOSED GRAY ROAD R/W) 2. ZONE DISTRICT R-1 198,024 3. MINIMUM OPEN SPACE REQUIREMENT(SOSR)' s f t / 4.55 acres (20% of 22.73 Ac. ) 251,777 4. OPEN SPACE PROVIDED (OSP) Mr / 5..78 acres (25% of 22.73 Ac.) 5: PRIMARY CONSERVATION AREAS o Well-fiead'Protection Area ❑ FEMA/IDNR 100 year Floodway ❑ FEMA!IDNR 100-year Flood Fr inge ❑ Wetlands(>1/4 ac.) ❑ White River Corridor - ❑ Scrub Woodland ❑ Steep.slopes(10%) o Young Woodland o MatureWooclland ❑ Historic Structures/Sites o Special'Opportimity Corridor(identify) ❑ Other 6. NATURAL-OPEN SPACE PROVIDED N/A / acres 7. AGRICULTURAL OPEN SPACE N/A / acres 251,777 8. DESIGNED OPEN SPACE sit / 5.78 acres ❑ Square ❑ Parks ❑ Green N Boulevard ❑ Greenbelt o Paths ❑ Trails ❑ Golf Courses. M Pond(see below) . py. Other 7.09.11 DOG PARK. & 7..09.11 RAIN GARDEN/POND #1 & #2 9. CONSERVANCY LOTS N/A no lots acres 932 1ft - Pond 1 CO. PONDS total measured perimeter,(in linear feet) 1.f.1,978 1rt- Pond 2 total+n}ensured accessible perimeter(not bounded) I f. 254 Ift (13%).- Pond 1 1273 1 f t (64%) - Pond 2 CliTptei:7.: Open Space Standards FortMalor Subdivisions 7-11 as amended per Z-346;Z-45&04;.Z-475:05;Z-483-05;Z-516-08 Spring 2008 v 1 q 4 e Conn Angelina-V • From: Justin'Moffett [Justin @otdg.net] Sent: Friday;September 14, 2012 2:44"PM To: Conn Angelina V' Cc: Jon Dobosiewicz Subject: Re: timeline for waivers for Gray Oaks:Subdivision? Yes, that is my plan:.We had-a great meeting with department of engineering this morning and they have given us the green light on all of our-site.plan changes. We're expecting a letter from them for the 10/2 committee meeting stating weftave. satisfied all of their issues. Jon D. to file the waiver application and notice forthe 10/16 public hearing of the waiver as you have described below. I-Ie Will coordinate with you to Make sure we get the waiver description correct. Thanks, Justin On Fri, Sep 14,.2012 at 2:19 PM,-Conn,Angelina V <Aconn @carmel,in.eov>.wrote: Hi, Justin— Just wanted to get your'.thoughts,for=the approval timeline for the waivers... Are you going to make public notice for them,.in time to be placed on the October 16 Plan Commission meeting agenda? I assume,that youivould want the Primary,Platheard at the Oct. 2 committee meeting and anticipate it being forwarded out of that committee; to meet up with the waiver requests at the Oct. 16 meeting for final votes; is this the plan, for now? Have a nice weekend, Angie Conn, Planning.Administrator City-of-Carmel.Planning &Zoning Division Dept. of Community Services '1 Civic Square,-3rd Flr. 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I 8 w ■ S°3 '� 3ak 3 a I __ ______ ___ ______ _____ -,_ -r _. , , 7-- _ _ _ _ _ _ _ _ _ / \ ice.\\ i ice / � 4_, ____ - --c- - -- \1 i ...., __ _ - • 7-- -, , , 7- \ \ \ _ / � �, __ __ ___E__,_ , , , _ ,_ __ __ ________-- ..... ..--..L, N / \ \ ` ( l \ / \ \ / i � / / \ \ 1 I ° z \. / - _ I \ _ I i - ) / / / \ N ' t_ __/3:/ ..--- - i i , �� , 1 i. / �' �( - - i 1 - - -- I � I1 1 ' 11 _ __ . ..„ _ ___ - _ ( ( - j Ili IH- 1 i ii _ ` \ \! \ I I - \ 1 - - 11 \ 1 1 I i \,\\ / \ _- \ 1 1 1_Hu 1 _1 w / 1 I - _ 1 I 1 1 I 1 II 1 Gray Oaks - Site Plan Changes - 9111/12 Major Site Plan Adjustments: • Removed one,lotin the`SE corner of,sitedo allow full 90' lot width atr/w without deep:setback. ▪ Movechentrf furthersouthcto line'up directly with"common area and moved lot#1 to north side"of' entry drive. This will,help to alleviate;Dept.of Engineering concerns about entry location and angle,of"entry drive. • Shifted Pond #2'into space behind 30 and 36 to'create additional green space behind lots.39 and 40 This will allow us to save large-trees behind lot#39 and create pocket park. • Added new BMP (raingarden)'inentry common area to create feature/park space. Defined:Oben Spaces,Per Chapter? ofZO • Open Space?#1 - Entry Boulevard (.32 Acres): Should grow to include triangle created by shift of entry. Chapter 9.09.04 • OpertSpacei#2,--Entry:Common Area (.32 Acres): Rain garden BMP and entry monument area. Will',include path.and bench in this area. Chapter 7:09.11 •' OpenSpace!#3 -,Fletcher Circle'Dog Park (.35 Acres):-Will possibly include dog water fountain/clean-up bags/signage/benches/screeningfrom homes and street. Chapter 7.09.11 • Open Space;#4..-.TPA's/VVoodland Areas( TBD Acres): To include southern, western, and northwestern property lines;above.pond #1. Chaptei-7.07 • Open Space#6.- Ponds 1 & 2(TBD Acres): Addingta park space behind lots 39 and 40 to be connected to entry boulevard via sidewalk. Will possibly include.a fishing°platform at edge of pond and benches. I think"with;this addition it should get us to our required acreage for the site. Chapter 7.09.10 • Open Space.#7— Pond #3 (.75 Acres): Rain Garden BMP w/Walking Path. Chapter 7.09.10 •Outstandinq'Issues 1) .Does;open space plan comply? No waivers needed?' CD)' redesign of defined park/space common areas adjacent to right-of-ways eliminate;,need for waiver relating Chapter 6.05.07..Lots are no longer adjacent to.right=of-way. WA" ktfuj Issues to Discuss;w/Department of.Engineerinq 1) 'Overlap of rear yard swale easement and TPA Only want 20' into lots max. 2) Restrictions on fencing in D.E. Can we allow it.with acknowledgement of possibility of removal? • Conn, Angelina V From: Jon Dobosiewicz flond @NF-LAW.COM] Sent: Wednesday; July 25; 2012 3:06 PM To: Conn;'Angelina'V Cc: Jim.Shinaver; Donahue-Wold„Alexia K;,Justin Moffett Hollibaugh, Mike P Subject:' RE: docket numbers for plan commission waivers for gray oaks Hi Angie, Justin, Jim and I spoke earlier today and°have decided to continue the Subdivision Committee meeting scheduled for August 7 forGrayOaks. This should allow the necessary time to review the plans, make revisions and then meet with DOGS to evaluate the revisions and provide additional input prior'to determining what waivers, if any, will be necessary. Thanks, Jon Jon C. Dobosiewicz Land Use Professional Nelson&Frankenberger, PC 3105 East 98th Street,Suite 170 Indianapolis,IN 46280 317-844-0106i(Office) 317-428-8393(Cell) 317-84678782,(Fax)! jon(a nf-law.com NOTICE OF CONFIDENTIALITY This E-mail message ahtFits attachments(if any)are intended solely for the,iise of the addressee hereof.In addition.this message and the attachments(if any)may contain information that is confidential,privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading;disclosing,reproducing:distributing, disseminating or otherwise using this transmission. 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From::Conn,Angelina V [mailto:AeohhCalcarmel.in.gov] Sent: Tuesday, July 24, 2012 5:32 PM To: Jon Dobosiewicz Cc: Jim Shinaver; Donahue-Wold, Alexia K;"Justin Moffett'; Hollibaugh, Mike P SubjeceRE: docket'numbers for plan commission waivers for gray oaks Jon— I went ahead and got these docket.numbers ready for you....you might not need to use all of them... 12070022 SW GRAY OAKS SUBDIVISION -.SCO CHAPTER 6.03.19 ACCESS TO ARTERIALS, ETC Conn,.Angelina V From:. JonlDobosiewicz [fond @NF-LAW.COM) Sent: Wednesday, July 25, 2012 3:16 PM To: corm,AngelinaV Subject: RE: docket numbers for plan commission waivers for gray oaks Angie, Confirmed. It may take more time but September 4rh'would be the earliest. Thanks, Jon - 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-law.com NOTICE,OF CONFIDENTIALITY This E Lmail message and=its attachments(if'ariy),ard intended"solely foi the use of the addressee hereof.In addition,this message and the attachments(if:any) may contain?informathTn thatis confidential,privilcged.and exempt from disclosure under applicable law. If you are not the attended recipient of this message, you are prohibited from reading disclosing, reproducing,distributing, disseminating or otherwise using.this transmission. Delivery of this message;to any'person other than the intended recipient is not intended to'waive;any-right or privilege.II you have received this message iii error;please promptly notify the sender by reply E-mail and immediately delete-this message from your'system. This email and.any files transmitted with it are confidential and intended solely forthe.use of the individual or entity to whom they are addressed.'If you:have received this email in...errorplease notify the system.manager. From: Conn,Angelina V [mailto:Aconn @carmel.in.gov] Sent: Wednesday, July 25, 2012,3:12 PM To:,Jon Dobosiewicz Cc: Jim Shinaver, Donahue-Wold, Alexia K;Tustin Moffett; Hollibaugf , Mike P Subject: RE: docket-numbers for plan commission waivers for gray oaks Jon— We will adjust the agenda accordingly,to show the Gray Oaks item,as tabled to.Sept.4. Please confirm. Angie Conn PlanningAdministrator - • ct, l I C2- Conn, Angelina V + vvt "\ J From:' Conn, Angelina V Sent' Tuesday, July 24,,2012,5:32 PM To 'Jon,Dobosiewicz' Cc; Jim Shinaver'. Donahue-Woid; Alexia K Justin Moffett'. Hollibaugh Mike P Subject: RE: docket numberssfor plan commission waivers for gray oaks 7 Jon I went ahead and got these docket numbers ready for you ...you might not need to use all of them... cif_ 0¢: ,e m 12070022 SW GRAY OAKS SUBDIVISION SCO CHAPTER 6.03.19 ACCESS TO ARTERIALS, ETC V_Q , 2070023 SW GRAY OAKS SUBDIVISION SCO CHAPTER 6:05.071 HOUSES MUST FACE STREET "126,9624- SW GRAY OAKS SUBDIVISION-SCO CHAPTER 6.03.03--STUB STREET TO THE NORTH 1-2B-992-5- SW GRAY OAKS SUBDIVISION - SCO CHAPTER 7 - REDUCED OPEN SPACE ORDINANCE STANDARDS- part 1 L _SW GRAY OAKS SUBDIVISION-SCO CHAPTER 7 - REDUCED OPEN SPACE ORDINANCE STANDARDS- part 2 Angie.Conn, Planning Administrator From: Conn, Angelina:V Sent: Tuesday, July 24, 2012 5:03 PM To: 'Jon..Dobosiewicz' Cc: Jim Shinaver Subject: docket_numberss for plan commission waivers for gray oaks, Jon Please let me know what waiversyou need, and I can assign the docket numbers in the,.morning. Also, Mike H. feels that Justin need s,a waiver from SCO chapter 6.03:03, too; for no stub street to the north, so I will be issuing a docket°no. for that, too. Angie Conn, Planning Administrator City of Carmel Planning;&Zoning Division Dept. of Community Services 1 CivicSquare, 3rd Flr. Carmel, IN 46032 0: 317-571-2417 I F. 317-571=2426 I E: .aconn @carmel.in.gov W: wwvicarmeldocsxom Please consider the environment before printing this e-mail 1 iFrom: Joan Graham [joangraham9 @gmail.com] Sent: Monday, July,23, 2012'6`15 PM To Tingley Connie S; Conn;;Angelina V Cc: Justin Moffett;tagrahaml @gmail:com' Subject: In Support of Gray Oaks Project(Morgans Creek) We_;are;in full support of the.Gray Oaks,Project. It:willbe directly adjacent to our property and neighborhood. We believe it will be a valuable development: For Gray Oaks: We believe that the City of Carmel should continue connecting the existing sidewalks along Gray Road to 146`h street to enable access to city parks and trails. Joan and Tom Graham Architectural Committee_Member Morgans Creek 4877 Morgans Creek Court Carmel IN 46033 317-439-9099 — `adjacent definition of adjacent by the Free Online Dictionalry, Thesaurus and Encyclope... Page 2 of2 !connected joined-or linked.together 1 3. adjacent near close to but not necessarily touching; "lands adjacent to < the mountains"; "New York and adjacent cities" '` near„nigh, close not far distant in,lime or space or degree or circumstances,:"near neighbors', 'in`the near future ; "they are near " e uals his nearest approach to success ; "a ver near thin """`y 3..,„,. q pp y g' "a near hit by the bomb ; "she wasnear tears”; she was close to tears" had a close ^"` ., " : call" , N' ci) . Based on'WordNet3.0;Farlex clipart collection.®2003-2012 Princeton University;Farlex Inc. • adjacent adjective Qadjoining„neighbouring, nearby, abutting The fire quickly to adjacent shops. adjoining I separated, remote, distant, far away preposition (with to)Inext to,;touching,,close to, neighbouring, beside, near to, adjoining, bordering on, next doorto,.abutting, cheek byjowl with,'alongside of, contiguous to, within sniffing distance of (informal), proximate to offices adjacentto the museum' Collins Thesaurus of the English Language—Complete-an&Unabridged 2nd Edition.2002©HarperCollins Publishers 1995,2002 • Translations . Select a language: adjacent adj'adjacent[e'd3eisent] (often withto) lying next!(to) We had adjacent rooms in the hotel; They have bought the house adjacent to miner Kemerman English.MultilinguarDicaonary®2006-2010 K Dictionanes•Ltd. adjacent;—.. MüitihñguaiTrañsiatot©HarperCollins Publishers 2009 Copyright©2012 Farlex,Inc:Source URL:http://www.thefreedictionary:com/adjacent • littp://www.thefreedictionaryicorn/p/adjacent 7/19/2012 adjacent - definition of adjacent by the Free Online Dictionary, Thesaurus and Encyclope... Page 1 of 2' thefreedictionary.com a,,,..,%-tra°Ai- p.vaken,,,,wv,.,.W.ev'as+a.w,,Amara::avzm...4i azzipmwe.,.z.Tas+ismaxs,,,Q- rs....asrutwer..4,w-in-OzxP.Maw]A arlftrW 4vM:txWa.14.—“+13t ad.ja.cent (7-ja sant) adj. 1. Close to; lying near: adjacent cities. 2. Next to; adjoining: adjacent garden plots. [Middle English, from Latin adiacarns, adiacent-, present participle of adiacrre, to tie near: ad-, ad-+ iacFre, to lie; see y - in Indo-European roots.] ad•ja cent•ly adv. The American Heritage®Dictionary of the English Language, Fourth Edition copyright©2000 by Houghton Mifflin Company.Updated in 2009. Published by Houghton.Mifflin Company.All rights reserved. adjacent[e'd3eisant] adj 1. being near or close, esp having a common boundary; adjoining; contiguous 2. (Mathematics) Maths a. (of a pair of vertices in a graph)joined by a common edge b. (of a pair of edges in a graph) meeting at a common vertex n (Mathematics) Geometry the side lying between a specified angle and a right angle in a right-angled triangle [from,Latin adjacere to lie next to, from ad-near+jacere to lie] adjacency n adjacently adv Collins English Dictionary–Complete and Unabridged m HarperCollins Publishers 1991,1994,1998,2000,2003 Thesaurus Legend: ISynonymslRelated WordsiAntonyms Adj. 1. adjacent - nearest in space or position; immediately adjoining without intervening , L l space; "had adjacent.rooms", in the next room'; the person sitting next to me"; ti �Y . our rooms were side by side" dl " 1 aside by side, next k=" "" • close - at or within a short distance in space or time or having elements near each other; "close to noon"; "how close are we to town?"; "a close formation of r , ` '++i g ships" s O It k 2. adjacent - having a common boundary or edge; abutting; touching; "Rhode Island has two bordering states; Massachusetts and Conncecticut"; "the side of Germany conterminous with France"; "Utah and the contiguous state of Idaho"; "neighboring cities" . gneighboring, conterminous, contiguous http://www.thefreedictionary.com/p/adjacent 7/19/2012 CITY OF CARMEL SUBDIVISION C'ONIROL ORDINANCE 3. Residential.Streets:one hundred fifty(150)feet I '4. Cul-de-sac:one hundred-000)feet 6.03.16 iBetween`reversed curves on streets,there shall be a tangent,of not less than one hundred(100) feet on streets with,a right-of-way-greater than fifty( n fi50);feet: The minimum tangent shall be fifty(50)feet on streets with a right-of-way of fifty(50)feet or,less and that are 1250 feet or more in length from intersection to intersection or from intersection to the center point of the circle terminating'a cul-de-sac or eul-de-loop: There shall be no minimum tangent on streets with a right-of-way of fifty.-(50)-feet or-less and that are less than 1250:feet in length. 6.03.17 Maximum Grades for streets shall be as follows: I. Arterial Streets: not greater than six percent(6%). 2. Feeder and Residential Streets and Alleys:not greater than eight percent(8%). 3. Cul-de-sac within the turning area:not greater than three percent(3%). 6.03.18 Minimum street grade shall be 0.50 percent('V%). 1V03 '19 dAtcessrft Arfertals;:P kwavOati&CbfteeCfors Where the Subdivision abuts or contains a major arterial,parkway,or collector as designated in the thoroughfare section rof the Comprehensive"Plan, the Commission shall require that measures be taken to reduce the impact of heavy traffic on the residential lots fronting upon such a thoroughfare,and to rrxwer ova is•xrfi.N rias„ afford separation of through and local traffic,through one of t e-fallowing meats 3,i' 1. By providing vehicular access to such lots by means of a Frontage Place separated ftom the thoroughfare right- of-way by a planting strip at least twenty(20)feet in width and connecting therewith at infrequent intervals. 2. By providing vehicular access to such,lots;by means of residential Alley running along the rear lot lines of the lots to be served and with vehicular access to such lots from the thoroughfare prohibited by means of a non accesseasernent at least five(5)feet in,width running alongside the thoroughfare right-of-way. 3. By designing lots having access only from a parallel local street or cul-de-sac,and with vehicular access to such lots from the thoroughfare prohibited by means of a non-access easement at least five(S)feet in width running alongside the thoroughfare. 4. By'designing:"kits so they located not less than two-hundred(200)feet from a major arterial,parkway,or collector thoroughfare and in compliance with section 7.06 of the Subdivision Control Ordinance,pertaining to •Standards for Natural Open Space. The recommendation of the most appropriate method of accomplishing the desired purpose in a specific instance shall be made by the developer and the final decision made by the Commission after giving consideration to topography and other physical conditions,the character of existing and contemplated development in the subdivision and its surroundings,and other pertinent factors. 6:03.20 There shall be no private streets platted in any residential subdivision and every:residential subdivided property shall be served from a publicly dedicated street. Streets in commercial or.industrial subdivisions shall be reviewed so that proper provisions are made for maintenance and access. A petition for public dedication of private streets at some future time shall not be granted until said streets are upgraded to the then-current specifications and standards for like public streets, with the upgrading cost to be borne by the petitioners. A waiver to allow private streets shall be considered only if the following criteria are met: 7.. Street must offer no feasible"through"links for the surrounding transportation network and function as a local street. 2. Street may not utilize hammerhead street designs. • 3. Street:can not obstruct any future connections identified on the Thoroughfare Plan. 4. Auxiliary lanes(acceleration/deceleration lanes and passing blister)must be provided at the entrance to the street. 5. All interior street improvements must be designed and installed according to City standards;including right-of-way width,storm.drainage,-curb and gutter;pavement widths,sub=surface drains,sidewalks,and t Chapter 6: Standards of Design 6-3 1 as amended per Z-318;2-329;Z-370-02;Z-445=04;Z-457-04;Z-486-06;Z-530-09 Summer 2009 vlt 1 1 Conn, Angejina;V From: Conn, Angelina V Sent: Thursday,July 19, 2012 9:58 AM To: 'Jon,Dobosiewicz' Cc: Charlie Frankenberger;Jim Shinaver;Hollibaugh, Mike P Subject: RE: Gray Oaks Jon- ' To also help-facilitate discussion, I think,Mike H. is also looking at SCO Section 6.05.07, which states: Where lots are located adjacent to arterial, parkway, or collector streets as designated in the-thoroughfare section of the Comprehensive:Plan, dwellings on such lots shall face such thoroughfares. Angie.Conn Planning Administrator From: Jon.Dobosiewicz [maiitoiiond@NF=LAW.COM]. Sent Thursday,July 19, 2012 9:11 AM To: Hollibaugh1 Mike P Cc:=Conn, Angelina V; Charlie Frankenberger; Jim Shinaver Subject: Gray Oaks Mike, Please see the attached page from Chapter 6 of the SCO. I am sending this to help facilitate the discussion regarding compliance'With-the SCO. Section 6.03.19 provides for one of 4 means by which to address Access to arterials, parkways, and Collectors. We have utilized number'3 to address compliance with the ordinance. Please give me acall if you have any additional questions. Thanks, Jon Jon C. Dobosiewicz Land.Use Professional Nelson& Frankenberger.PC 3105 East 98th Street. Suite 170 Indianapolis,IN:46280 • 317-844-0 106(Office) 317-428-8393 (Cell) 317-846-8782(Fax) Mori smfiaw.com NOTICE OF CONFIDENTIALITY This E-mail message and its attachments(if any)are intended solely for the use of the addressee;hereof. In addition.this message and the attachments(if any) may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message. you are prohibited from r ading,disclosing, reproducing, distributing, disseminating or otherwise using this transmission.Delivery of this message to any person other than the intended recipient is not 1 1 Conn; Angelina V From: Foley Amanda J Senj: Tuesday, July 17; 2012 4:13 PM To: 'Greg Ilko' Cc: Dustin Myers;•jond @NF-LAW.COM; Justin Moffett; Conn, Angelina V; Duncan, Gary R Subject: RE: Gray Oaks Subdivision • Greg, In response to your email, I wanted to clarify the Engineering Department's comments. I further discussed this project with Mike McBride and Gary Duncan. The previous Engineering;,Departmentcomments still stand. The current submittal does not include enough information for us to adequately review the;plat for stormwater and easement requirements and ensure the proposed land-plan can accommodatethese items. All-comments regarding the entrance and streets:still stand as well. We can issue further comments for'the rcommittee meeting and/or work with you to address the existing comments, but I wanted to get-back to you regarding your email and understanding'of our staff report for tonight's meeting. Let me'know if you have any questions: Amanda From: Greg 1110 [mailto:gilkoCacrossroadenoineers.com] Sent: Monday,July.16, 2012 12:00 PM Tor Foley, Amanda 3 Cc: Dustin Myers; iondColNF-LAW:COM; Justin Moffett; Conn, Angelina V; Duncan, Gary R Subject: Gray Oaks Subdivision Amanda, I wanted'to;follow up on the staff.report for this project via email,just so that you might coordinate with Angie to ensure;thatwe are working to.satisfy the engineering department. Per our phone conversation last week, I've noted quick responses'specifically relating to each of the comments within the staff report: Engineering Dept. Comments: a) Adequate information wasnot submitted with regards to the stormwater system, and the Department could:not determine-if the stormwater system can function as-proposed. Detailed stormwater'detention'and water quality design information was submitted;however,pipe sizing and other utility routing was not identified. We understand this to be a typical;comment as during the preliminary plat stage'it s uncommon for,that level of detailed'design,to be completed. We will be coordinating with staff during the construction plan development stages of the project to ensure all necessary standards and ordinances are met b) Adequate information was not submitted regarding required,easements on-site. Similar to the:response}in item aJ, general information for tip-preliminary plat was supplied in terms of side yard easements, detention:easements,etc. When final utility routings are determined and easement locations are,identified,-we shall`indiiate those within both the construction documents and the secondary plat for staff _ review and approval. 1 feed 7 `17'12, Carmel:Planning Commission and BZA Committee, My name is David Van Remortel and (live at 5280 Woodfield Drive,which is in the neighborhood of Woodfield located across Gray Road from the proposed Gray Oaks subdivision. I have reviewed the proposed development and wanted to give my support to the proposed plan. Given that the parcel'in,question will be developed sooner rather than later, I believe the neighborhood layout and type of homes proposed will be a good fit for our area. The fact that the homes will be of custom quality and value further solidifies my support. If you would like additional feedback feel free to contact me. Sincerely, David Van Remortel 5280:Woodfield--Drive Carmel IN 46033 317-843=0423 • Conn;,Angelina;U From:. Greg,l l ko-[d i lko'@ cros§roadeng i nee rs.com] Sent: Monday July 16,2012 12:00 PM To Foley,(Amanda J Cc: Dustin Myers; jond @NF=LAW:COM; Justin Moffett; Conn, Angelina V; Duncan, Gary R Subject:: Gray Oaks Subdivision Amanda, I wanted to follow up on'thestaff report for this project via email;just so that you might coordinate with Angie to ensure that we are working to satisfy the engineering:department. Per our phone conversation last week, I've noted quick responses specifically relating to each of the comments within the staff report: Engineering Dept: Conirnents: a) Adequate information was not submitted with regards to the stormwater system, and the Department could not determin&ifthe.stormwater system can function as proposed. Detailed:stormwater detention'and water quality design information was submitted;however,pipe sizing and other utility routing was not identified. We understand this to be a typical comment, as during the preliminary plat:stage it is uncommon for that level of detailed design to be completed. We will be coordinating,with staff during the construction plan development stages of'the project to ensure'all necessary standards and ordinances are met. b) Adequate.informaticin was-not submitted regarding.required"easements on-site. Similar to;the;response_in'item,a),-general information for the preliminary plat was supplied in terms of side yard easements, detention easements; etc. When final utility routings are determined and easement locations are identified, we shall,indicate those within both the construction documents and the secondary plat for staff review and.approval. c) The Department thinks the entrance to the subdivision would be better suited 170 feet south of the currently proposed entrance due to the adjacent existing and plannediaccess_points off of Gray Road. It was indicated during a conversation with Gary Duncan that the entrance,location was discussed prior to submittal.of the preliminary plot and:that'if the;submitted lacation,conforms to that which was discussed at • the:preliminary meeting, he wouldaccept the location. Gary is out until July 2t, and we hope to rectify this issue with'him upon his return. d) The current road configuration creates an intersection too close to the Gray Road entrance 'Thereare:a;numberof subdivisions within Carmel whose intersections off the main entrance are less than the 210'we currently provide. Our understanding is that this cammentalso came from Gary, and we hope to gather more information relating to the reasoning behind it and address the issue upon.his return on July 23rd e) There:are concerns regarding the site distance at the intersection.of Fletcher Circle and Gray Oaks Drive. There:are,means to alleviate concerns with the site distance which would allow the,roadway alignment to remain as shown in,the preliminary plat. As discussed, the easiest of which is to implement a 3-way stop intersection:. This would allow traffic control(i.e. eliminate the,drag'strip effect prior to the curve)as well as offer a'suitable stopping site distance from either direction,-This-issue will also be discussed in more detail with Gary's return. f) The entrance angle for Murphy Court is in violation of the Subdivision Control Ordinance. It needs to be between 90 degrees and 75 degrees. The alignment of this 3-legged intersection offers angles exceeding 75 degrees in all directions. We feel that the intent of the ordinance is met with this configuration, and we will again discuss the interpretation of the requirement in more detail when Gary returns. Let me know if I misspoke on any of these issues, but hopefully you're in agreement with my interpretation of our phone conversation. I've copied Angie on this email as well, so please reply all if you have any revisions. I would expect that we can address all of these prior to the Committee meeting on August 7`h. Thanks for the time. G Gregory J. Ilko, P.E. CrossRoad Engineers, PC 3417 Sherman Drive Beech Grove, IN 46107 Office: 317-780-1555 ext. 112 Mobile: 317-408-3609 Fax: 317-780-6525 2 1 1 1 1 1 4 umall-trio suotecq C br I I L .. i t ...)il ,ii;; .. bic.;,wglc- (no subject) Melissa Dillman <mdillman007 @gmail.com> Mon, Jul 16, 2012 at 6:28 PM To: justin @otdg:net Dear Mr. Moffett and the City of Carmel: I, Les Dillman lot 2 Oakbrook, have met several times with the developers and am inclined to support the proposed development of Gray Oaks, providing all of the covenants and restrictions are adhered to. I confident that the developer will follow through with the commitments they have made to Oakbrook Homeowners Association and the properties that will back up to the development. Mr Moffett has offered to with me Wednesday to assess'the 20' preservation area to discuss if more trees are needed to better buffer the property lines. I do hope the requirement of a noise ordinance needs to be mandated that is equal to or more restrictive that the City of Carmel allows. Sincerely Les Dillman ttps://mail.g000le.com/mail/ca/?ui=2&ik=39913133298view=pt&search=inbox&th=13891 eea504a460e 1/ July16,2012 Gray Oaks Subdivision—Development Commitments The.Old Town Design Group,as the builder/developer of the proposed Gray Oaks Subdivision at 14412 N.Gray Road-and--.containing approximately 23.8 acres,makes the following commitments to adjoining property owners in the Oak Brook Subdivision regarding the development of the property. 1) A 20'Tree Preservation Area shall be platted as Common Area along the entire southern boundary of the subject property. 2) Where gaps in quality tree buffer exist within the Tree,Preservation Area("TPA"),the developer agrees to plant additional trees per the Carmel Zoning Ordinance.Buffer Yard Standard as outlined in the Gray Oaks Site.Landscape Plan. a. The.developer:agrees;to meet with each adjoining property owner in the Oak Brook subdivision . to agree on what areas,within the TPA need additional tree plantings. b. The Gray Oaks HOA covenants shall include language mandating that individual residents shall not remove trees from the TPA.Should any owner remove a,healthy tree without HOA consent, it shall.be replaced with:a tree of a like specieswith the same caliper.If the same caliper tree is not available multiple trees totaling the caliper of the removed tree shall be planted. c. No community walking path shall be placed in the TPA. d. Orange fencing shall be placed at the north edge of the TPA during site construction and shall be re-installed'during construction of individual homes. 3) The,Gray Oaks covenants'and restrictions shall include,a noise'ordinance that is equivalent or more restrictive than the,City of Carmel ordinance,as allowed bylaw. 4) The;Gray Oaks,covenants and restrictions shall-requirethat driveways rot run to the property lines of lots, but shall be a minimum of 2'away from;the property line to allow for proper grading and green space between lots. • 5) The Gray Oaks covenant's and restrictions shall limit the colors of painted siding from.being"loud or offensive and shall seek to.be complimentary to surrounding homes.Bright and pastel colors shall not be allowed.The Gray Oaksarchitecturalreview committee shall have the authority to reject any paint color schemes deemed incongruent with this commitment.. Information packets submitted to the City of Carmel:Plan Commission include additional restrictive commitments regarding site design and minimum.architectural standards. The owners/developers of the Gray Oaks Subdivision commit to working with adjacent property owners to resolve any concerns regarding construction activities in an expedient Manner throughout the entire construction process of both the site infrastructure and homes. Sincerely, .11./ • atjaistin W. Moffett1t IP The Old Town Design Group,LLC& 1132 S. Rangeline Road Carmel,IN 46032 h ! • Conn, Angelina•V ?From: Jon Dobosiewicz [jond @NF-LAW.COM] Sent: Thursday,July 12, 2012 11:51 AM • • To Donahue'-Wold, Alexia K. Cc: Conn;,Angeliha V Subject: RE: Docket No Assignment: (V) Gray Oaks Subdivision (12060005-9 V) Alexia, Please see my response to the comments from your review'e-mail below in bold blue text. Planning Department's Preliminary Review Comments; petitioner please respond to the following: 1. Please provide filled out and notarized,Placement of Public Notice Sign affidavit once the sign is in place. We will provide this by July 18th as requested,along with items 2-5. 2. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form. We will provide this by July 18th as requested along with items land 3-5. 3. Provide the filled out Notice.of the Public Hearing before the BZA form. We will provide this by July 18th as requested along with items 1-2 and 4-5. 4. Please provide proof of notice from the Indy Star, once you receive it.We will provide this byJuly 18th as requested along with items 1-3 and 5. 5. Please provide green signed return receipts from;the-certified`mailings once you receive them. We will provide this by July yle s requested along'vr1th items 1-4. 6. Please make,checks payable to the City of Carmel'. OK—_Can.you let me know if this has been paid by Justin Moffett? If not will deliver the check.on Friday with the information booklets. 7. Please provide.written commitments that all garages will be side loaded, and.any encroachment into the aggregate side yard will only be for additional garage space. We,would ask that Staff include this as a condition of'approval in the recommendation to the BZA and we would request the BZA approve the variances subject to this condition: 8. Please providearchitectural standards that you will commit to which should require a porch with a minimum depth andssquare footage.'See attached Architectural Standardsthat we will include,in our BZA information. ' booklets. These.have also been included'in the Plat submittal. In this case we would also ask for Staff to include this as a conditiontof approval for the variance requests. 9: Please`provide';samplearchitectural building elevations of the proposed houses, if possible. See attached ArchitecturalStandards that we will include in our BZA information booklets. These have also been included in the Platsubmittal. 10: With that-educed frontyards,,staff.requests that you increase the:tree lawns along the street to 6 or 7 feet in width, which will also improve the long term health of those trees.The necessary revisions will be made to the Plat to provide for a minimum 6"treelawn. In this case as with Item 7 and Item 8 we would ask Staff to include this as a'condition of approval"forthe variance requests. 1 • 1 11. The department requests that the north/south street on the west portion of the property extends to the boundary line of the parcel to the north- We will be addressing this item as part of the Primary Plat process with the Plan Commission. Also, as we discussed, we will add language to the Architectural Standards regarding the front facing garage door and a minimum 15' offset from the front of the home. This will be reviewed with staff and then presented at the meeting. Thanks, Jon 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-law.com NOTICE OF CONFIDENTIALITY This E-mail message and its attachments(if any)are intended solely for the use of the addressee hereof:In addition„Otis message and the attachments(if any) may contain information that is confidential,privileged and exempt from disclosure under applicable law.If you are not the intended recipient of this message,you are prohibited from reading,disclosing,reproducing,distributing, disseminating or otherwise:using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply E-mail and immediately delete this message from your system. ************************* This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. 2 Conn; Angelina V From! Conn, Angelina V `Sent: Monday,.July 09, 2012 1:56 PM To: 'Jon Dobosiewiez' 'Subject: RE ,Gtay Oaks'Subdivision Thanks,Jon. RESPONSES,BELOW IN ALL CAPS: 1. In the Covenants & ,r a �Restr ictio ns please uiicideral l win g� uptc 3t hens %itfno,roosters) We�wtll° ohsde_ r adding tiito tfie covenants v (THANK iYOU:) 2. Design r & heig hhtinfo is heeded for:the entry sigi (unless*t is not presee tecl a parka f this#petition). s .age plan w;iltbt:tiuhmtttc1at4aLlatf t„dtte at cr l;lat aliprovallaslan ADIi S Amend(NnTCDinf 3. Please.provide a tree preservation plan to the to the Planning/Going Depi., too ielyou� rlusf asting,foi . ' " copy yof thetrnformation submitted tofithe Urban 1 otestert Welwould submittan actual preservation:plan,with ihelSec�ntlaryAP,I`attiilustraUng,the,cgnstruchpn molhods*uscd to prdscsve,%prorat tiie trees (OK=.1 NOTHING,NE Q D; TIIEIS INTO PAHKI?T ADDRESSES THLH. 4. Pleasee<label the3L ulferl�yanilss and then-widtt6 onnthe plat The"bufteiralone'Giay'Road n n mum of 15' A„a 3 ors- , i i Y -w ,a v s- a wr?. ke # +� S .a w- a Cb and�thefother pemmetcrs,arc all 10 . ,The,planting standards are labeled�on`the Landscape, Plan but the=buffer inconsistent withQthe?widths of the-common areas..,#They-allreaceed the mmtmum most by aEsigmficant amount FDc you want anAexhihit that illlusuattes thesezmimmums?, (OK NOTHING1Nl EI)EDJ THCN. INFO RACKETwADDRLSSLSTHIS.) 5. •Staff would like;to see one of the cut de-sacs extended north (perhaps Gray Oaks Court) to stub to the north property line, for a future road extension and connection Wt;will addrss;this itcrotas thc,Plair=C.onnmssron processi-(OK=) '6. Sinceztlierpeuti, et trs,ietuest�mg so many Bawatnances thcD paitment w ild a t 1 keetherpetthonerttd amend the street'pave mcnt dctails'to show two 6.-fl wide plantinggshtps tovbe oe d,wrthin the roado fight of Way4(ipste d offtwo 5,,ft wkIe strips) -Thi W he1psith-gtrrdetftlees.ha Vmg l nleisoi yO bIµl The street pa Vement'detail wtlltoetamcndtIItooshowta 6 foot wide,plantingtstrtpon bothwstdees or,tn9sstreetn, Th s mays he provideddthe Enginccrung ] barin ent sulipotts the ;,foot eet dthesiA5ortdrby DOC S 'tndlrncluded in the Comprehimstve Plan (THANK§YOQ WIj j NLLD`TOaaS1 L A^REUISED`PAVI.MENT-DLTAIL ON',THL.PRIMARWE#41 ATSHEET1 .TOD) AngiesConn Planning AdrriihistiatbI From:.Jon Dobosiewiez lmailtb:iond©NF-LAW.COM] Sent:.Monday, July,09, 2012 11:48!AM To: Conn; AngelinatV Cc:Jiro Shinayer; iustinmoffettCtaol.com;,Justin Moffett Subject RE::G(ay Oaks Subdivision Angie, See my'notes below in:red. Thanks, Jon C.Dobosiewiez 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) ion@nf-law.com From: Conn, Angelina V [mailto:Aconnecarmel.in.gov] Sent: Monday, July 09, 2012 10:18 AM To: Jon Dobosiewicz Cc: Jim Shinaver Subject: RE: Gray Oaks Subdivision Good morning,Ion --This is what we have so far, below, but of course this is a draft and will most likely be changed by Thursday afternoon: Staff's outstandine comments for the petitioner: ortathd vthol noticouhuhring pageopf t ca o'.T will1 Pr•&idehe f llediout and ntarid deliveritodayl " ,M"'4"=SF """"4""g °. -FMS g �'+.' m s 2. Provtdeithe filledlouoNotice of•Public , earmgipage 5f?tl2e�apphcution +hwillydel►ver today; 3. Prov>_d. th`w Bark a andinotariz bhu Nottuec Sign Plac e nl aff idavit paw e,of hu: pi plicf tton 7 will deliver today: s<w'� - ^r�.^G - mom. .t.— zx.^^ ,r 9^—$--"F'.°,- 'r 'n 4. Provide alcopy'of the Official LtstnAdjacent Ptopetrty Ownus,`fiom Haniilton4,County Audttot �rC7ffiec. I :°1c sett will.delivet•today. to ._ er 5. In the Covenants Restrictions, please consider,allowing ap tot3 hens(tiut no-tooster4). •,We7wdl consider adding thissito the coven nt& 6. Design be height info is needed for the si nc a planswilLbe subnutted"at;aatleetnrtr.y, sign (unlessnis p" otpus`ena ted asat of hseto' ' pi A dateaftec4Plaa rovalias n ADLSAmend 7. Please provide a tree preservation plan to the toutliVilamm�g/Loning.Dept., u�o Are youatust askmQforia ry„_,gGr ,...e �.,a.. a.,..�. r+s,, x�.��,x„ / i ,-•,w.�... 7� ���.R � n....y-a "•-ei copyof the-iuform'ationisnbinitted.to?the;OebanWhiester. weswouldts''ubmit;an''aetuaPpreservation fFT�•.• '. 1 C--, ]P In Y-a° "-,a;r. 1 s "---!P'a.s- "':-..a iR�:rna- a-i-.5tc,.- -- w..e�'&a:._ -- +cs<.-Sx. .'Y.s.�Ib!�v plan"�withtthe Seconds 'ry�Elat illustratinQ.ttie.construchon.methods_used-topreserve�/sprotectthemtree�s. 8. Plea e#I tbul�thy tiuffer,yaids and,th�ii w dthston thetplat The buffer alo tr Gray;Roa`d is a.minimum°of 15'>ianil'the oil er-periiiietecs`are a 110' T:he>plant► a'stan(aids are:Iatieled ontitie4Landscape Plan gt....tiri Y 4i nr ±I 36icJthit cry :7-44-44;4' A y - �. .a-- - _.. & .+.�' ?L3.�'Yi but he babe lis=consisienC.w►thithe.wfdths4olthe+commowareasa-Thei all exceed.theimmimum,tmost by a'siamficai ttamoun[aDotyou want an exhibit+ttiat llustrates'thesei.mmimums% 9. Staff would like to see one of the cul-de-sacs extended north (perhaps Gray Oaks Court) to stub to the north property line, for a future road extension and connection. We_ivili adttr ss'thislitein? the,clan .�,v---„_..r, . ,.., . Commission,process.1 r n - ; 0 Smue the peuuoner is:iequustmg so nany 13Gni variances ,the,Department would also hke'the petitionerlto GY^ amend' etp'".�°L ',., s"-,k✓eta 3 ',6 "�u,Y•a '-f w .-# 'mg = .f! - Ril ..”P si.'.n,4.4!j?of ��yg(nstead two 5tft w do stz ps)jrhi khch'p sill Wtc ptiees!laying wig" �soil'va a nu The stre.e of pavementdetail wiIltbeamendedito s it ow#a[6-foot wide plant ngastriu ornbothysid s bf the'str`eet. maybe provided the En meennt a Deparimentsupportstthe 128-footstreet wjdtht°supp cN&i bv"DOCS andNmchidedgin the Compreliensive'PlanP 2 • NELSON & FRANKENBERGER A'PROFESSIONAL'CORPORATION ATTORNEYS AT LAW JAMES.1 NELSON 3105 EAST 98TH STREET; SUITE 170 JANE B.MERRILL,. CHARLES D.FRANKENBERGER Of Counsel JAMES E.SIIINAVE2 INDIANAPOLIS;<INDIANA 46280 LAWRENCE J.kEM PER PHONE: 317-8444106 JOHN.B.FLAU FACSIMILE: 317-846-8782 JON C.DOBOS lE W ICZ, FREDRIC LAWRENCE Land Use Professional JAMES A.NICKLOY July 3, 2012 C% LO tt Angie Conn ' City of Cannel = , One Civic'Square c° DQGS Carmel, IN 46032 ;2 Re: Gray Oaks— Primary Plat Docket Number: 12050015 PP Dear Angie: Enclosed you will find 15 paper copies and a CD containing a digital copy of the information booklet for the above referenced matter scheduled for consideration by the Plan Commission on July 1,7, 2012. Should you have any questions please do not hesitate to call. Very truly yours, NELSON.* FRANKENBERGER, P.C. A jTh Jon C. Dobosiewicz Land Use Professional Enclosures Gray Oaks-transmittal Gtr to A Conn 070612 p�d11 2 . 9 tier S • r4* S0 a, 20/p Draft DECLARATION OF COVENANTS, CONDITIONS AND RESTRIC IT ON S? ? 11Md FOR: Gray Oaks Subdivision The undersigned, , an Indiana Limited Liability Corporation (hereinafter referred to as the "Developer"), the owner of the real estate shown and described herein, do hereby certify that they have laid off, platted and subdivided said real,estate in accordance with the plat referenced in Exhibit."C" of this document. The following restrictions, limitations and covenants are hereby imposed upon and shall run with the land contained in such plat that was recorded as Instrument # in the Office of the Hamilton County Recordett. i This Development shall be known and designated as Gray Oaks, a development in Hamilton County, Indiana (hereinafter referred to as the "Development"). All ;streets shown and not heretofore dedicated are hereby dedicated to the public. All private drives shown on plat shall remain private. DEFINITIONS. The following are the definitions of the terms as they are used in this Declaration: A. "Committee" shall mean the Gray Oaks Architectural Control Committee, composed of and operated under the terms of Article II herein.. B. "Association" shall mean the Gray Oaks,Property Owners' Association, Inc., An Indiana not-for-profit corporation. the membership and powers of which are:more fullydescribed in Article IV herein and in the Association's By-Laws and Articles of Incorporation which are incorporated herein by this reference. C. "Builder(s)" shall mean one,who acquires a Lot directly from the developer for the purpose of building a single family dwelling on it for immediate re-sale of Lot and dwelling together. D. "Developer" shall mean Gray Oaks.Development Partners, LLC or it's assigns. E. "Lot(s)":shall mean the numerically numbered parcels within the plat(s) of Gray Oaks designed for the exclusive use of the construction of a single-family residence thereon. F. "Common Areas" shall mean the numbered parcels within the plat(s) of Gray Oaks designed for the mutual use and enjoyment of all Lot Owners of Gray Oaks. G. "Right of Way Enhancements" shall mean the property located between the street curb and the sidewalk-along both sides of all internal City of Carmel streets in Gray Oaks and all the improvements located thereon including but not limited to grass, plants and trees. H. "Owner(s)" shall mean the person or persons that have been deeded and hold ownership in any Lot within Gray Oaks Subdivision. 1 L "Covenants"-shall mean tthe=recorded'term's.and conditions offthis Declaration of.Covenants; Conditions . and Restrictions for Gray Oaks together with the Association's By-Laws, any rules and regulations adopted bythe Board of Directors and;theDesign:(Guidelines for GrayOaks. J. "Applicable Date" shall mean the date of the first meeting of the members of the Association,occurring on or after the first of the following I) Developer relinquishes it's power to appoint the Board of Directors or 2) Developer no longer'owns any ofthe Lots in Gray Oaks. J. "Development" shall mean the Gray Oaks Development and all real estate contained therein as shown on the recorded plat(s) recorded in Hamilton County. K. "Dwelling" shall mean a building, erected on a Lot within the Development for residential living purposes. L. `By-Caws""shalt mean the written Code of By-Laws of Gray Oaks. M. The Gray Oaks "Design Guidelines", attached as Exhibit "B", shall mean the set of documents established by the Developer and after the Applicable Date, by the Association, to establish minimum standards,of design, construction and maintenance, which are consistent with the level of quality and character desired for Gray Oaks and the Covenants and to assist builders and homeowners in the planning; design, maintenance, and construction of all site improvements. The Developer and the Committee reserve the right to make any amendments, repeals, or modifications to the Design Guidelines that they deem necessary or appropriate,at any time and without notice. ARTICLE I. GENERAL RESTRICTIONS, OBLIGATIONS, AND RIGHTS Section 1. Lot.Use and Maintenance. A. All Lots in this Development-are reserved for residential use and no building other than a single-family Dwelling and an attached or detached garage shall be erected"thereon. All plans for such Dwellings are to be submitted to the Developer for approval prior to any construction. B. Not more than one Dwelling shall be erected or used for residential purposes on any Lot in this Development: No trailer, tent, shack,=attached shed, basement, garage, barn, or other out-building or temporary structure,shall°be used for temporary or permanent residence on any Lot in this Development. C. No Lot or any part thereof be leased, sublet, assignedfor suffered to be used for transient occupancy. D. No.Lotin:this Development:shall be used or maintained as a dumping ground for rubbish, trash, grass clippings, garbage or other waste and such rubbish or trash shall not,be kept, except in sanitary containers. It shall be the duty of the Owner of each Lot to maintain the same in a good,clean and sanitary condition,to keep the grass on the Lot and adjacent right;of way properly cut and keep the Lot free of weeds, trash or other debris and otherwise neat and attractive in appearance, including, without limitation, the proper and customary maintenance of the exterior of any structures on such Lot. If the Owner of any Lot fails to do so in a manner satisfactory to the Developer*or Association, the Developer or Association,after approval by two-thirds (2/3) of the Board of Directors, shall have the,right (but not the obligation), through its agents, employees and contractors, to enter upon said Lot.and to clean, repair, maintain or'restore.the Lot as the case may be, and the exterior of the improvements erected thereon. The cost ofanysuch work shall be added to and become a part of 2 the Owner's,assessment;;andsuch,cost,shall 6etimmediately due, and shall besecured'by"the Associationus lien, on the Owner's,Lot. Said`,cost may be?collected and=enforced by the:Developer or.Association in the manner provided this.Declaration for the collection and enforcement of as sessments'in,general. Each Owner, byhis acceptance of a deed to any'Lot, irrevocably grantsto'the Developer or Association, its agents; employees and contractors, the'right to enter upon;;across,and over the Lot Owned by such Owner under such conditions as are reasonably necessary to effect the maintenance, cleaning, repair or other work contemplated herein. Section 2. Lot Lines and Lot Dimensions.. The front and',side yard building setback lines are hereby established; between which'line and the property lines of the street, there shall be erected or maintained no building or structure The front and:rear setback for each lot,is denoted on the recorded plat. Side setbacks shall be a minimum of (. ) feet each side ( feet aggregate) excluding elements such as drives, fences, walls, and trellises. These set back requirements are the, minimum required and the Developer may require the.dwelling"to be located beyond the minimum requirements for aesthetic harmony or preservation'of natural features. No Lot or combination of Lots.may be further subdivideduntilapproval therefore has been obtained from the City of Carmel Planning,Commission; excepting, however, the Developer and its successors in title shall have the absolute right to increase the size of any Lot by joining to such:Lot a section of an adjoining Lot (thereby decreasing the size of such adjoining Lot) so long as the effect of such joining does not result in the creation of a "Lot" with.less than,the'requirements set forth ml e Carmel/Clay Township Zoning Ordinance. Section'3. Dwelling Dimensions: The living area, exclusive of one-story'open porches, terraces and garages, shall not be, less than One Thousand Eight Hundred (1,800) square feet in,the case of a one-story structure, nor less than Two.Thousand (2;000) square feet, with a minimum.of Twelve Hundred (1,200) Square Feet on the first floor; in the case ofa two story structure. Section 4.. Dwelling Character and.Appearance: All buildings shall be constructed in a substantial and good workmanlike manner and of.new°materials. No roll roofing of any description or character shall be used on the roof of any dwelling house or garage.On any of'said Lots: No vinyl or aluminum siding shall be used on the exterior Of any individual facade ;of'any home. Exterior.materials shall generally be concrete siding, other masonry material, drivet, wood, wood equivalent, or other material approved by the Developer or the. Committee. The Developer, orCommittee prior to construction, must approve colors of all exterior materials, including but not`limited`to shingles, paint, and.masonry. Section S. Garages. All homes must have a minimum of a two (2)car finished garage. Section 6. Accessory Structures. No detached structures (exclusive of garages); mini-barns; tree houses, docks,•or other out buildings shall be+-permitted on any Lot,in Gray:Oaks without the prior written consent of the Developer.or.Cotmnittee. Section 7. Drives. Each driveway on a Lotshall be of concrete. Section 8: Swimming Pools. No aboveground swimming pools,shall;be permitted in the Development. No in ground swimming pool shall be permitted with-out prior written approval of Developer or Committee. Section,9. Solar Heat Panel. No so!arheat panelsshall be përmittedin the Development. Section 10. Fences. No fence shall be erected in this Development without prior written approval of the Developer or Committee. No fences shall be constructed injareas designated for Retention or Detention nor shall fences be constructed infant' Easements. No fences shall be constructed in front of the building line on any 3 Lot with approval of the Developer or Corinnittee. In general, all fencing must' be ornamental iron;; its aluminum°equivalent; 48" wood picket, or other such style;designated by-the:Developer or Committee+andsmust. not be higher than six (6) feet°from°ground level:: In no event+will any stockade, galvanized chain link, wire or solid aluminum..be permitted within;the;.Development. Section 11'. Sidewalks. Plans and specifications for this Development, on file with the City of Carmel, require the, installation,of five (5) foot wide concrete sidewalks within the street rights-of-way in front of all Lots as shown on the approved plans. Installation of said sidewalks shall be the,obligation of the builder or Owner of any such Lot, not of the Developer,:and shall be completed within Thirty (30) days of home completion or within thirty six (36)months of the purchase of the Lot, which ever occurs first. In the event the Owner has not installed the sidewalk within the time period allotted, the cost of said installation shall be the personal obligation of the Owner and a lien against any.such Lot enforceable by the Carmel Planning Commission or the Developer or their successors. The Developer may, at Developer's sole discretion, install or have installed the sidewalk and bill the Owner for costs incurred in the installation oftthe sidewalk. If the Owner fails to reimburse Developer for the costs of the sidewalk within Thirty (30) days, the Developer is hereby authorized to place a lien against said Lot. In addition, interest:on those expenditures shall accrue at a rate of twelve percent (12%) per annum and,Developer shall be entitled to recover in an action at law or in equity from the Owner of the Lot of which the side walk was installed all of the attorneys' fees and related costs and expenses it incurred pursuant to the collection of the above funds. After the Applicable Date, the Association shall also have Developer's rights under this Section 11. Section 12. Yard, Street'Trees;.Mailbox; and Other Equipment. All Lot Owners will be required, at a minimum, to install a $2,500 (wholesale plant material costs only, excluding annuals, irrigation, street trees and lawns) landscape package that has been submitted and approved by the Developer or Committee. This package is to include at a minimum sod or hydro-seeded, when accompanied with an in-ground irrigation system, front and side yards and seed and straw in the back yards. Also required is the planting of four bushes, one shade tree, two evergreen and/or ornamental,trees, and street trees of the type, size, and location as designated by the Developer. All trees and bushes must meet the City of Carmel Landscaping Standards. All plantings shall be maintained in an appropriate manner by the Lot Owner and any trees and bushes that die shall be replaced with the same, which shall meet the City of Carmel Landscaping Standards. Installation of sod, or hydro-seeded in the- right-of way in front of each Lot (the area located between the sidewalk and street curb),shall be the obligation of the builder'or Owner of any such Lot, not of the Developer, and shall be completed,within Thirty (30) days of home completion or within twelve (12) months of the purchase of the Lot, which ever.occurs first. Lot Owners must install or have installed at least one photocell controlled exterior light (which must meet the requirements set forth in the Lighting'Standards of the Carmel/Clay Zoning Ordinance) and mailbox attached to the front:of the house by,the time the construction of the hothe on the Lot is complete. The Developer shall approve the design of the exterior light,and;shall determine the mailbox required. The Developer may require, for the purpose of uniformity and appearance that,the mailbox and exterior "dusk to dawn light post be purchased:fronithe Developer or its designee. Each Owner shall.thereafter maintain such light(s) and mailbox so that they operate properly and are attractive in appearance. In the event the Owner has'not installed the streettrees,.lawn6treatment, yard light, or mailbox within the time period allotted or of the style required by Developer, the Developer or Association shall have the right (but not the obligation) to do so with the cost of said installation being the personal obligation of the Owner and a lien against any such Lot enforceable;byt he,Developer or Committee. If the Owner fails to reimburse Developer for the costs of the street trees,, lawn treatment, yard light, or mailbox within Thirty (30) days, the Developer is hereby authorized to place a lien against said Lot. In addition, interest on those expenditures shall accrue at a rate of twelve percent (1.2%) per annUm and Developer shall be entitled to recover in an action at law or in 4 equity from the:Owner of the Lottof-which:the: lawn treatment, street trees„ mailbox;,and/or yard light were installed,t all of"the attorneys' fees and related costs and expenses:it incurred pursuant to the collection of'the above funds. After.the Applicable Date, the Association shall also have Developer's rights,under this Section X1.2 ofArticle I. No clothesline or clothes.poles, or any other free—standing semi-permanent poles, rigs or devices, regardless of purpose,-shall.be constructed, erected or-located or used on''anyaLot. No sign of any kind shall be displayed to the public view on)any Lot except one (I) professional sign of not more'than one (I) square foot or one (I) licensed real estate agent sign of not more than five (5) square feet advertising the home for sale. For sale by owner signs shall not be permitted for the re-sale of lots. Signs used by a.Builder and or Realtor to advertise the Home during the construction and sales periods and all Developer signs`are exempt from this requirement. No radio or television antenna on outside of roof shall be attached to. any dwelling house. No free standing radio or television antenna, television receiving disk or dish shall be permitted on any Lot, with the exception of a television reception disk one (I) meter in diameter or less upon approval'of the, location by the Committee. No solar panels attached or detached shall be permitted without the prior written consent of the Developer or Committee' i No temporary basketball goals shall be permitted within Gray Oaks. All basketball goals must be installed in a permanent manner. The Developer or Committee'shall approve all basketball goals prior to their installation. Section 13.. Down Spouts. No downspouts shall be tied to the sub-surface drains. Sump pump lines are to be connected to the available-sub-surface drains.provided for each Lot. Section. 14. Time Period' to Commence and Complete Construction and Landscaping. All construction upon, landscaping of and other improvement to a Lot shall be completed;strictly in accordance with the plans approved by the Developer or Committee. All landscaping specified on the landscaping plan approved by the Developer or Committee shall be installed on the Lot strictly:in,accordance with such approved plans within thirty (30) days following substantial completion of the Dwelling unless the Developer or Committee agrees to a later landscaping completion:date. Unless a delay is caused by°strikes, war, court'injunction or act of God, the Owner of any Lot which on the date of purchase from Developer is not improved with a Dwelling shall commence construction of a Dwelling upon the Lot within three (3) years fromthe date the owner acquired title thereto and shall complete-construction of such Dwelling within one(1)tyear-after the'date of commencement of the.building process, but in no event later than four (4) years after the.datelhe Owner acquired title(s) to the Lot(s). If the Owner fails to commence'or complete construction of a Dwelling within the time periods ,specified herein, or if the Owner should, .without Developer's written approval, sell, contract,to sell, convey, or otherwise dispose of or attempt to sell, convey or otherwise dispose of, the Lot before completion of construction ofa Dwellingon the Lot,:then, in!any of such events, Developer may: (i) Re-enter the Lot and divest the Owner of title thereto by tendering to the Owner or to the Clerk of the Circuit,Court;of Hamilton County the lesser of thesarne net dollar amount as was received by Developer from such Owner as consideration for the conveyance by Developer of the Lot,.together with such actual costs, if any, as the Owner may prove to have been, incurred in connection with the commencement of construction of a Dwelling on the Lot, and (ii) the then fair Market value of the Lot; as determined by averaging two (2) appraisals made by qualified appraisers appointed by the Judge of the Hamilton County Circuit or Superior Court; 5 • (ii). Obtainsinjunctive'rreliefto, force the Owner to proceed with.construction'of any Dwelling;;a plan,for which has been approved.b y the Developer or Committee upon application by such Owner-or ;(iii) Pursueother=remedies at law.or in equity.as,may be available to.Developer. The failure of the Owner of a Lot to apply for approval of or receive approval from, the Developer or Committee of a-plan shall not relieve suchOwner from his obligation to commence and complete construction of a Dwelling upon the Lot within the time periods specified; herein. For the purposes of this Section 14 of Article., construction ofa Dwelling will be deemed "completed" when the exterior of the Dwelling (including but not limited to the foundation, walls, roof, windows, entry doors, gutters, downspouts, exterior trim, paved driveway and landscaping) has been completed in conformity with the submitted plans. Section 15. Vehicles. No boats or other,watercraft,,campers, recreational vehicles, trailers of any kind, buses, mobile homes, commercial or business trucks or vans, motorcycles, minibikes, or any other vehicles of any description (other than normal passenger vehicles consisting of(i) trucks with a maximum load capacity of three-quarters (3/4) of a ton or less, (ii) vans or(iii) automobiles), shall be permitted, parked or stored anywhere within the.Gray'Oaks Development; provided, however, that nothing herein shall prevent the.parking:or storage of such vehicles completely enclosed-within a garage and the,driving-or using of such vehicles solely for the purpose of ingress and egress to and from the Development provided the shortest route to and from a main thoroughfare outside the community is used No Owners or other residents shall repair'or restore any vehicle of any,kind outside of the Owner's enclosed garage, or for emergency repairs outside and then only to the extent necessary to enable movement thereof to a proper repair 'facility. "Commercial" vehicles are vehicles, regardless of size, on which commercial lettering or equipment is visible or which are larger than normally used for noncommercial purposes. No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept on,the Development. Driveway and street parking shall be limited to guests and temporary parking only. Any vehicle in violation of the.above shall b •subject to being towed at the expense of the owner thereof. Section 16. Unacceptable Activities. No noxious, unlawful or other offensive activity shall be carried out on any Lot,in this Development, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Section 17. Animals. No animals, livestock or poultry of any description shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept, provided;that they are not kept, bred or maintained for commercial purposes and do notvunreasonablydisturb other Owners or residents. Section'. 18n Remonstration. Lot owners, upon taking, title, agree to waive all rights to oppose and or remonstrate against annexation and any future zoning changes and special permits necessary to complete the Master Plans of Gray Oaks what so ever: 6 ARTICLE II' ARCHITECTURAL CONTROLS Section 1. The,Grav Oaks.ArchitecturaFControl Committee. UntiLthe•Developer resigns its position as the Architectural Control Committee or until the Developer no longer owns any of the Lots in Gray Oaks, the Developer shall serve as the Architectural Control Committee. After one of the above events occurs, the members of the Architectural Control Committee ("Committee") shall be appointed by the Board of Directors of the Association. The Developer shall always have the sole authority to approve the original Dwelling and Landscaping on any Lot within the.Development. Section 2..Purpose. The Committee shall regulate size, type, external design, appearance, use, location and maintenance of any change or addition to the original Dwellings placed on any lands subject to these Covenants and improvements thereon, in such a manner as to preserve arid enhance values and to maintain a harmonious relationship among structures and the natural vegetation and topography. All fences, walls or other construction or improvements of,any kind shall not be commenced, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made without the prior approval of the Committee. Such approval shall be obtained only after the Owner of the Lot has made written application-to the Committee. The manner of application shall be in the form as prescribed from time to time by the Committee, and shall be accompanied by two sets of plans and specifications. Such plans shall include plot plan showing location of proposed improvements, specification of all exterior materials and colors and any proposed landscaping. In the event said Architectural Control Committee tails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required as long as said design meets all other requirements of the covenants and restrictions herein, and this Article will be deemed to have been fully complied with. Section 3. Design Guidelines. The Developer has created the Design Guidelines for Gray Oaks to establish minimum standards of design,construction and maintenance, which are consistent with these Covenants and the level of quality and character desired for Gray Oaks. The Design Guidelines have been designed to assist builders and homeowners in the planning, design, maintenance, and construction of all site improvements. The Developer and the Committee reserve the right to make any amendments, repeals, or modifications to the Design Guidelines that they deem necessary or appropriate at any time and with or without notice. Section 4. Compliance with Carmel Residential Architectural Design Standards. All homes must be designed following the guidelines attached to this document,as Exhibit "A". The Lot owner or builder must receive plan approval from the Gray Oaks Architectural Control Committee prior to applying for building permits with the City of Carmel. ARTICLE HI. OTHER RESTRICTIONS, GUIDELINES AND RIGHTS Section 1. Sanitary Sewer, Drainage,and Utility Easements. There are strips of ground as shown on the plat(s) and marked Sanitary Sewer, Drainage, and Utility Easements both solely and in combination with other easements, which are reserved for the use of public utilities for the installation of water, sewer, and storm sewer mains, detention and retention areas,poles, ducts, lines and wires, subject at all times to the proper agencies and authorities and to the easement herein reserved. No structures,of any kind are to be erected or maintained upon said strips of land, but Owners of Lots in this Development shall take their titles subject to the rights of public 7 • • utilities., `The Developer, Utility Companies, City and County authorities reserve the right to enter said easements ataany time and{perform work deemed necessary. 'These.areas;,shall be maintained free of weeds, trash;or othe"obstruction,'and in.the;,event the easement is a Drainage.Easement, proper drainage as,outlined'in the development plan shall be maintained at all times by the Owner of each applicable Lot or Association as owner of the^Common Areas., Within Drainage Easements there "shall"be located no structures which may impede proper drainage including but not limited to landscape,mounds, fences, out buildings, swing sets, play equipment,.docks, decks, boats, etcetera'and shall be maintained with a properly cut stand of grass at all times. No,change of grade shall be:permitted'within Drainage Easements. Section 2. Drainage of Storm or•Other Water. In the event storm water drainage from any Lot flows across another Lot,provisions shall be made to permit such drainage to continue, without restriction or reduction, across the downstream Lot and into the natural drainage channel or course, even though no specific drainage easement for such flow of water is provided on said plat(s). No rain or storm water runoff or such things as roof water, street pavement or surface water caused by natural precipitation, shall at any time..be;discharged into or permitted to flow into the Sanitary Sewer System, which shall be a separates sewer system,from;the.Storm Water and Sdrface Water Runoff Sewer System. No sanitary sewage shall at any time be discharged or permitted to flow into the above-mentioned Storm Water and Surface Water Runoff Sewer System'. Section 3. Common Areas. There;are.strips of ground as shown on the plat(s) and marked as Blocks and or Common Areas, which are reserved for the use and enjoyment of the residents of Gray Oaks. Said areas may also contain or consist of drainage; sewer, ,utility, and or other easements which are reserved for the use of public utilities and government authorities for the installation of water, storm water, and sewer mains, poles, ducts, lines and wires. subject at all times to the proper authorities and to the easement herein reserved. Any Common Areas depicted on the recorded plat(s) of the Development shall remain private; and neither the Developer's execution nor recording of the plat(s) nor the doing of any other act by the Developer is, or is intended to b e, a dedication to the pullic.ofthe Common Areas. Ownership of any of the Common Areas shall be conveyed in fee simple title, free of financial encumbrances to the Association upon their completion. Such conveyance shall be subject to easements and restrictions of record;,and;such other conditions, as the Developer at the time of conveyance deems appropriate: Such conveyance shall be deemed to have been accepted by the Association and those persons who shall be.members thereof from time to time. Developer shall be responsible for improving and or maintaining all Common Areas (including the required landscape plantings within them) until such time as the Common Areas are conveyed to the Association at which time the Association shall be responsible for the maintenance and repair of the Common Areas including the required landscaping plantings as presented in the Primary Plat of Gray Oaks. Block(s) " Common Areas, as denoted on the recorded-plat of Gray Oaks, consists of both a retention pond and a storm water filtration wetland pond. It is the,intentof the Developer that the Lot Lines of those Lots adjacent to Block(s) " " and any similarly designed area shalllalways extend down to the existing point of the waters edge: It is understood by all Lot Owners and the Association that by design the exact point of waters edge of all retention areas shall vary dependent on amount of rain fall and elevation of underground water tables. Any portion of ground between the waters edge and the actual Lot line shall be maintained by the individual Owner's of said.Lots and there shall be no Common access within said areas. Common access to retention ponds shall be limited to those portions of the Common Areas that extend beyond the waters edge as denoted on the Plat(s). The Association:shall be solely responsible for the maintenance of the Common Area's including the:retention pond and atorm water filtration wetland pond. Section 4.Buffer,.Landscape, and Pathway Easements: There are strips of ground as shown on the plat(s) as Buffer and Landscape Easements both solely and in combination with other easements. The Association shall 8 be solely responsible for,maintenance and upkeep of theplants and trees within theseaareas to theistandards,set forth insthe'City'ofCarmel's' Landscape Ordinance only in the event these'areas are located.in'Common Areas: Intheieventthatdthese areas are located within a Lot, therf it shall be the:Lot,Owner's responsibility to maintain, theseareas as setTforth above: Section,5. Righrof Way;Enhancements, Association:shall be solely,responsible for maintenance, replacement and upkeep ofthe grass, plants and trees within Right of Way Enhancements,to the set forth in the City of Ca-rinel's Landscape Ordinance only in the,event,these areas are located adjacent to Common Areas. In the event that these areas are located adjacent to a Lot, then it shall be the Lot Owner's responsibility to maintain these areas as set"forth:above,andas set forth in Article I, Section l2 of these covenants. Section 6. Street Signs, Traffic Control Signs, and Street Light Fixtures, If other than the standard City Street Signs, Traffic Control Signs and Street Light 'Fixtures are installed, it shall be the Developers responsibility to install said items,andthe Association's responsibility to maintain them. All Signs and Fixtures shall meet and.bemaintained to all ofiheiCityofCannel's minimum safety standards. Section 7, Enforcement of Covenants: The'Developer, Association,,and any Owner shall have the right to enforce, by any proceedings at:law-or inequity, all restrictions, conditions;,covenants, reservations, liens and charges now or hereafter:imposed by the provisions of these Covenants, Failure by the Developer, Association, or by any Owner to enforce any Covenant shall in nonevent be deemed a;waiver of the right to do so thereafter. In the event the Developer, Association;;,or any Owner shall be successful in,any proceeding, whether at law or in equity, brought to enforce any restriction, covenant, limitation, 'easement, condition, reservation, lien or charge now or hereinafter imposed,by the provisions of the Covenants, limitations, easements and approvals appended to and made a part of'the plat(s) of the community, it shall be-entitled to recover from the party against whom,the:proceeding was brought all of the reasonable attorneys'fees and related costs and expenses it incurred in such proceeding. The right to enforce these,provisions,by injunction, together with the right to;cause the removal by due process of law, any structure or part thereof erected`without proper approval or maintained in violation hereof, is hereby reserved to the Developer, the Association and to the Owners of the Lots in this Development and to their heirs successors, and assigns. Section 8. Invalidation of Covenant. Invalidation of any one of these covenants or restrictions by judgment or court.order'shall in no Way affect.any otherprovisions, which shall remain in full force and.effect. Section 9. Term of Covenants; Conditions and Restrictions, The foregoing Declaration of Covenants, Conditions, and Restridions'is to run with the land and shall be binding.on all parties and all persons claiming :under them for a:period of twenty-five (25) years-from the date of these plat(s), at which time said Declaration 'shall be automatically extended �for°successive eriods of ten 10) years unless+changed by vote of a majority of Y p ( ) the then Owners of the Lots in whole or'in part. The Developer may amend this Declaration of Covenants, Conditions, and Restrictions for, imthe Developer's sole opinion,'the betterment of the Development at any time prior to the Applicable Date. After the Applicable Date this Declaration of Covenants, Conditions, and Restrictions and the;Gray Oaks Construction Guidelines may be:amended by a favorable vote of the Owners of at least 2/3 ofthe total number of Lots. Section 10.. Waiver of rRights to Remonstrate: Lot:Owners, upon taking title, agree to Waive all rights to opposeliture zoning changes-andspecial permits necessary tojcompletethe,Master Plan of Gray Oaks. Section 11, Develonment-and 'Sale Period. Nothing contained in Articles I, .II & Ill shall be construed or interpreted`to restrict the activities of Developer and Builders in connection with the development and sale 9 of they Development and the Construction and sale of Dwellings on said Development: The above shall be entitledtto engage in such activities and to construct, install, erectandl maintain such facilities, upon any portion' of the Development at any time;owned:or leased by the Developer, or'Builder(s) as, in the-sole opinion of the .Developer or Builders, maybe reasonably or,convenient'ori incidental to, the development of and sale iof the Gray Oaks Lots and.Homes'on;said Lots, such facilities,may include, without limitation, storage areas, signs„parking areas, model residences, construction offices, sale office§and business offices. ARTICLE IV. GRAY OAKS PROPERTY OWNERS' ASSOCIATION There has been or will be created, _under the laws of the State of Indiana, not-for-profit corporation to be known as the "GRAY OAKS PROPERTY OWNERS' ASSOCIATION,INC." Section 1. Membership in.Association. Each Lot Owner shalLautomatically upon taking deed to a Lot in the Development become a member of the Association and agree-to abide by these Covenants, Design Guidelines, and By-Laws of the Association and shall,remainan':abiding member until such:time as their ownership of a Lot ceases. Membership in the Association shall terminate when such Owner ceases to be an Owner and will be transferred to the new Owner of his Lot; provided, however, that any person who holds the interest of an Owner in a Lot in this Development,merely as security for the performanceofant obligation shall not be a member until and,unless he realizes upon his security, at which time he shall automatically be and become an Owner and a member of the Association. Section 2.= Rights. The,Associat ion shall have the following classes of membership, with the following voting rights: A. Class A. Class:A'riiembersshall beall Owners,except Class B-members. Each Class A member shall be entitled to one (I) vote for each Lot of which such member is the Owner with respect to each matter submitted to a vote of the members upon which the Class A members are entitled to vote. When morethan one (I) person constitutes the Owner of a particular Lot, all such persons shall be members of the Association: but all of such persons shall have only one (I) vote for such Lot, which vote shall be exercised as they among themselves determine, but in no event shall more than one (I) vote be cast with respect to any such Lot. A membership in the Association shall only be transferred bythetransferof the,record title ofa Lot. B. Class B. Class B members shall be the Developer and all successors and assigns of Developer designated by Developer as Class B members in a written notice mailed or delivered to the President of the Association. Each Class B member shall be entitled to five (5) votes for each Lot of which it is the Owner and five (5) votes for each individually numbered parcel of land shown .upon, and identified as a Lot on, any Development plat(s) of the Development, or any part thereof, of which it is the Owner (either as to the entire, numbered parcel or any part thereof) which is not a tot" as defined in this declaration of Covenants, Conditions and Restrictions, on all<mattersrequiring a vote Sftfie members of the Association. The Class B membership shall`ceaseand terminate upon the Applicable Date. Section 3. Functions. A. The Association.shall maintain:the.Common Areas shown on the plat(s) including the improvements thereon andshall keep such area in a,neat, clean and presentable condition at all times. B. The Association shall be responsible for the maintenance of street signs and traffic control signs to the standards set by the City of.Carmel. 10 • The Association ,shall, procure and maintain casualty insurahee for the Common..Areas, liability iinsuranceandasuch other insurance, as'it deems neoessary':or advisable: D. The Association may contracte-fonsuch service as-management, snow removal, security control, trash removal ,and such services as the Association deems necessary or advisable E. Owning all Common Areas`when.deeded to it:and paying taxes and assessments levied and assessed against, and payable with respect to, the Common Areas paying any other necessary expenses and costs in connection with the Common Areas Section 4. Assessments. A. Authority to Create Lien.. The Association and or Developer are hereby empowered to cause a lien to be placed against.any Lot for the purposes of (I) recovering any funds due for annual assessments, special assessments, or recovering_any funds expended by the Developer or the Association in maintaining any Lot in a neat and attractive condition as-contemplated by Article 1, Section 1 and for the installation of sidewalks and or street trees as required within these Covenants,together with interest,on those expenditures accruing at a rate of twelve percent(12%) per annum, or (2)?recovering any attorneys''fees and related costs and expenses incurred by either the Developer or the Association in any proceedingpinitiated pursuant to the collection of the above funds or any proceeding initiated pursuant to Article 3, Section 5. No private individual Owner shall have such a right to create a lien against a neighboring Lot pursuant to the terms of this Section. No liens shall be created on any Lot or Common Area owned by-the Developer. B. Creation of the Lien and Personal Obligation of,Assessments. Each Owner of any Lot in the Development, except the Developer;:by acceptance of a deed or other"conveyance therefore, whether or not it shall be expressed in such a deed, is deemed to covenant and agree to pay to the Developer or Association: (I) annual assessments or charges, (2) special assessments for capital improvements and operating deficits; such assessments to be established and collected as hereinafter provided; and (3) assessments or charges for expenditures by the Developer or the Association in maintaining the Lot in a neat and attractive condition as contemplated by Article 1, Section 1. The annual, special assessments, and maintenance assessments together with interest, costs,, late fees, and reasonable attorney's fees, shall boa charge on the land until paid in full and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment. together with interest, costs, late fees and reasonable attorneys' fees; shall also be the personal obligation of the person who was the Owner of such Lot at=the time when the assessment was°due. The personal obligation for delinquent assessment shall not pass to his successors in title unless}expressly assumed by them or unless, prior to such transfer, a written notice of the lien for such assessments shall have been recorded in the office of the Recorder'of Hamilton County, Indiana. No charge, lien, or assessment shall ever be levied by the Association orindividual LotOwner+against the Developer. C. Date of Commencement-ofAnnual-Assessment. Annual Assessments shall be set for each calendar year and due and payable in one lump+sunr in advance on the first day of March each year or if so determined by the.Association's Board of Directors or Developer, in such other periodic:installments or due dates as may be specified by the Board of Directors or Developer. If ownership of a Lot is conveyed after the first.of January, the Annual-Assessment;shall be paid at closing and the Annual-Assessment:shall be pro-rated, based on the calendar year, as of the date closing. Without any approval or vote by the Owners, the Board of Directors shall fix the amount of the Annual Assessment;in advance of the effective date of such assessment. Written notice of Annual.Assessments and such other assessments as the Board of Directors shall deem appropriate shall be sent to every Owner subject thereto. The Board ofDirectors,shall establish the due dates for all assessments. The Association shall, at any time and for a reasonable;fee of up to and including $35.00, furnish a certificate in writing signed by an officer of the Association stating that the assessments on a specific Lot have been paid or that certain assessments Eir other charges against saidLot have not been paid, as the case may be. 11 • Annual Assessments shall not commence for, any Lot'until the date the Loi is first sold or conveyed by the Developer to any ''person' or entity, Prior to such time, the Developer shall not be liable for ,paying, any assessmentslo'the.Association. D. Special-Assessments: In addition to, the annual operating ,assessment, the Board of Directors or Developer may levy, a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any Capital improvement which the Association is required to maintain or for operating deficits which the Association;may from time to time incur, provided that any such assessment shall have an assenting vote of the majority of the,members who are voting in person or by proxy at a meeting duly called for this purpose. Written notices for1such meetings shall be sent and voting quorums required as set forth in the By-Laws of the Association. E. Failure of'Owner.to Pay Assessments. No Owner may exempt himself or herself from paying Annual or Special Assessments or any,other expense lawfully agreed 'upon, by waiver of the use or enjoyment of the Common Areas, or by abandonment of the Lot belonging to such Owner. Each Owner shall be personally liable for the payment of all Annual and Special,Assessments. Whereithe Owner:constitutes more than one person, the liability of.such persons shall be joint and .several. If any Owner shall fail, refuse or neglect to make any payment of any Annual or.Special Assessments when due, the lien for such assessment on the Owner's Lot may be foreclosed by the Board for and on behalf of the Association as provided by law. Upon the failure of an Owner to make payments of any Annual or Special Assessments within ten (10) days after such are due, the Board, in its discretion, may: (1) impose a late charge, which will be considered an.. addition to the assessment, in an amount to be determined,by the Board ofup-to,twenty-five percent (25%0) of the amount of the Assessment; (2) suspend such Owner's rightto use the recreational facilities within the Development as provided in the Indiana Nonprofit Corporation Act of 1991, as amended; and (3) suspend such Owner's right to vote as provided in the Indiana Nonprofit Corporation Act of 1991, as amended. In any action to foreclose the lien for any Assessments, the Owner and any.occupant of the Lot shall be jointly and severally liable for the payment'to"the.Association of reasonablet'rental for such Lot, and the Board shall be entitled to the appointment of a receiver.for the purpose of preserving the Lot and to collect the rentals and other profits therefrom'for the benefit of the Association to,be applied to the unpaid Annual or Special Assessments. The Board May, at its option, bring a suit to recover a money judgment for any unpaid Annual or Special Assessments without foreclosing or waiving the lien securing the same: In any action to recover a Annual or Special Assessment, whether by foreclosure or otherwise, the Board, for and on behalf of the Association, shall be entitled, to recover costs and expenses of such action incurred, including but not limited to reasonable attorney's'fees, from the'Owner of the respective Lot: F. .Notification. Every Owner of a Lot;in'the Development-and any person who may acquire any interest in.any•Lot in the Development, whether as Owner or otherwise, is hereby notified, and by acquisition of such interest agrees, that any such liens'which may'exist upon said Lot at the time of acquisition of such interest are valid liens and shall be paid. Every person who shall becomeean Owner°of a Lot in the Development is hereby notified that by the act of acquiring, making such purchase or acquiring such title, such person shall be conclusively held'to have covenanted,to pay the Association,and'Developer all charges that the Association or Developer shall make pursuant to this Section 4-of the Covenants. 12 •G. Suborilination.ofAssessment Lien to Mortgage. The lien of the.assessments provided forherein shall be subordinate to the.lien of any,first mortgage_ Notwithstanding•anything contained in this Declaration, the Articles or,the By-Laws, any sale or transfer of a Lotto a first-mortgagee:pursuant to a foreclosure on its mortgage or conveyance in lieu thereof; or'a conveyance,totany person at a public sale in a manner provided b y law with respect'to mortgage foreclosures shall extinguish'the lien of any unpaid'installment of any Annual Assessment or Special Assessment:as to such installment which became due,prior to such sale, transfer or conveyance;,provided, however,.that the extinguishment of such lien cannot relieve the prior owner from personal liability therefore. No such sale, transferor conveyance shall relieve the Lot or the purchaser at such foreclosure_sale or grantee in the.evenrof Conveyance in lieu thereof, from liability for any installments of Annual Assessments or Special Assessments thereafter becoming due or from the lien therefore. Such unpaid share of any Annual Assessments or Special Assessments, the lien•for which has been divested as aforesaid shall be deemed to be a Common Expense collectible from all Owners (including the party acquiring the subject Lot from which it arose). Section 5. Management ofBoard:ofDirectors. The business and affairs of the Association shall be governed and managed by the Board of Directors. No person shall be eligible to serve as.a member of the Board of Directors unless he is, or is deemed;in accordance with this Declaration to be, an Owner. Section 6. Initial Board of Directors. The initial Board of Directors shall be composed of the persons .designated or to be designated by the Developer. Notwithstanding anything.to the contrary contained in, or any other provisions of, this Declaration or these Articles, (a) the Initial Board shall hold office until the first meeting of the members of the Association occurring on or after the Applicable Date or until Developer no longer owns any of the Lots, and (b) in the event of any vacancy or vacancies occurring in.the Initial Board for any reason or cause whatsoeverprior to,such first meeting occurring on or after the Applicable Date determined as provided above, every such vacancy shall be filled by a person appointed by Developer, who shall thereafter be deemed a member of the Initial Board. Each Owner,..by acceptance of a deed to a Lot with, or by acquisition of any interest in a dwelling house by any type of juridic acts inter vivos or causa mortis, or otherwise, shall be deemed to have appointed Initial-Board of Directors as such.Owner's agent, attorney-in-fact and proxy, which shall be deemed coupled with an interest and irrevocable until the Applicable Date determined as provided above, to exercise all of said Owner's right to vote, and to vote as the Initial Board of Directors determines, on all matters as to which members of the Association are entitled to vote under the Declaration, these Articles or otherwise. This appointment of the Initial Board of Directors as such Owner's agent, attorney-in-fact and proxy shall not be affected by incompetence of the Owner granting the same. Each person serving on the Initial Board, whether.as an original member thereof or as a member thereof appointed by Developer to fill a vacancy, shall be deemed a.Special member of the Corporation and an Owner solely for the purpose of qualifying to act as a member of the Board of Directors and for no other purpose. No such person serving on the Initial Board shall be deemed or considered either,a member of the Association or an Owner of a Lot for any other purpose (unless he is actually the-Owner of a:Lot and thereby a member of the Association). Section 7.. Additional Qualifications of Board of Directors. Where an Owner consists of more than one person or is a partnership, corporation, trust or other legal entity, then one of the persons constituting the multiple Owner, or a partner or an officer or trustee; shall be eligibleto serve on the Board of Directors, except that no single Lot or dwelling house maybe represented on the.l3oard of Directors by more than one person at a time Section 8. Term of Office;and Vacancy of Board of Directors. Subject to the provisions of Section 6 of this Article IV, the Board of Directors shall'be elected at each annual meeting of the.Association. The Initial Board shall be deemed to be elected and re-elected as the Board of Directors at each annual meeting until the first meeting of the members occurring on or after the Applicable Date provided herein. After the Applicable Date each member of the Board of Directors ,shall be elected for a term of two (2) years, such terms shall be staggered. Each Director shall,hold office throughout the term of his election/and until his successor is elected 13 and qualified. Subject to the provisions of Section 6 Of'thisArticle IV ras to the lnitial,Board..;any'vacancy. or vacancies occurring in the Board sli_ 1,be filled by a vote of a_majority of the remaining members of the-Board' al orby vote ofthe Owners if a Directors removed in:accordance'with Section 9 of this ArticleI V. The Director 'so filling a vacancy shall serve until the next annuaPmeeting ofthe members and untilhis successor is elected land,qual ified: `Section 9. Removal of Directors. A Director or Directors, except the members of the Initial Board, may be removed`With or without cause by vote of a majority of the votes cast at a,special meeting of the Owners duly called and constituted for such purpose; In such case, his successor shall be elected at the same meeting from eligible Owners nominated at the meeting.,A.Director so elected "shall serve until the next annual meeting of the Owners and until his successoris:duly elected and qualified. Section 10. Dutiesiand_Eowers of the Board of Directors. The duties and powers of the Board of Directors shall be set forth in the By-Laws. Section 11. 'Limitation of Board Action. After the Applicable Date, the authority of the Board of Directors to enter into,.contracts:shall be limited to contracts involving a total expenditure of less than $5,000.00 without obtaining'the prior approval of a.vote of the Owners, except that the following cases such approval shall not be necessary: a: Contracts for replacing or restoring portions of the Common Areas damaged or destroyed by fire or other casualty where the cost thereof is payable out of insurance proceeds actually received or for which the insurance carrier has acknowledged coverage; b: Proposed contractsand proposed expenditures expressly'set forth in the annual budget as approved by the Board of Directors; and c. Expenditures necessary to deal with emergency conditions in which the Board of Directors reasonably believes there is insufficient time to calla meetingofthe Owners. Section 12. Compensation of Board 'of Directors: No Director shall receive any compensation for his t services as such, excepto'such extent as may be expressly authorized by a vote of the Owners. The Managing Agent, if any is employed, shall be entitled to reasonable compensation for its services, the cost of which shall be a Common Expense. Section.13. Non-Liability of Directors and Officers. The.Directors and officers of the Association shall not be liable to the Owners or,any other persons for any"error.or mistake of judgment exercised in carrying out their duties' and responsibilities as Directors and officers, except for their own individual willful misconduct, bad faith or gross negligence. The.Association,shall indemnify and hold harmless and defend each of the Directors and officers'a ainst any and�all liability to any person,'firm.or corporation arising out of contracts made by the g Y Board on behalf of the Association, unless any such contract shall have been made in bad faith..It is intended that the Directors and officers shall have no personal liability-with respect to any contract made by them on behalf of the Association. Section 14:_ Additional.Indemnity of Directors and Officers: The Association shall indemnify, hold harmless and defend any person, his heirs, assigns and legal representatives, made a party to any action, suit or proceeding by reason of the fact that he'is or was a Director or Officer of the:Association, against the reasonable expenses, including attorneys' fees, actually and necessarily incurred by him in connection with the defense of such action, suit or proceeding, or :in connection with any appeal'therein, except as otherwise specifically provided herein in relation to matters as to which it shall besadjudged in such action, suitor proceeding that such Director or officer is liable for gross negligence or misconduct in the performance of his duties. The 14 Association shall also reimburse to any such Director or Officer the reasonable costs of settlement of or judgment rendered in any action, suite or proceeding, if it shall be found by a vote of the Owners that such Director or officer was not guilty of gross negligence or misconduct. In making such findings and notwithstanding-the adjudication in any action, suitor proceeding against a Director or officer, no Director or Officer'shall be considered or deemed to be'guilty of or liable for negligence or misconduct in the performance of his duties where, acting in good faith, such Director or officer relied on the books and records of the Association or stafe`iiients or advice made by or prepared by the Managing Agent (if any) or any other officer or employee thereof, or any accountant, attorney or other person, firm or corporation employed by the Corporation to render advise or service unless such director or officer had actual knowledge of the falsity or incorrectness thereof; nor shall a Director or officer be deemed guilty of or liable for negligence or misconduct by virtue of the fact that he failed or neglected to attend a meeting or meetings of the Board of Directors. Section 15. Bond of Board of Directors. The Board of Directors may provide surety bonds and may require the Managing Agent (if any), the treasurer of the Association, and any other officers as the Board deems necessary, to provide surety bonds, indemnifying the Association against larceny, theft, embezzlement, forgery, misappropriation, wrongful abstraction, willful misapplication; and other acts of fraud or dishonesty, in such sums and with such sureties as may be approved by the Board of Directors and any such bond shall specifically include protection for any insurance proceeds received for any reason by the Board. The expense of any such bonds shall be a Common Expense. Section 16. Initial Management. Notwithstanding anything to the contrary contained in this Declaration, Developer shall have, and Developer hereby reserves to itself. the exclusive right to manage or designate a Managing Agent for the Real Estate and Common Areas, and;to perform all the functions of the Corporation, until the Applicable Date. Developer may, at its option, engage the services of a Managing Agent affiliated with: it to perform such functions and, in either case, Developer or such Managing Agent shall be entitled to reasonable compensation for its services. Section 17. 'Termination of'the Initial Board of Directors. The Initial Board of Directors shall hold office until ihefirsi meeting of the members of the Association occurring on or after the Applicable Date. At least Thirty(30) days prior to the Applicable Date the Association shall have a meeting of the Lot Owners at which a new Board of Directors shall be elected pursuit to the guidelines of the By-Laws. In the event that a Board of Directors have not been voted in by the Association by the Applicable Date, the Developer shall hire a Professional Property Agent which shall serve as the Board of Directors until such time as the Association elects a Board of Directors. 15 r ,,,,P1��" 1 2 a 9- - y G v : Y P� O, sr: ✓UN?� NELSON & FRANKENBERGER m ,< ,� 2oi2 0 A PROFESSIONAL CORPORATION 9 `ks < it, ATTORNEYS AT LAW ng .gaA JAMES J.NELSON 3105 EAST 98TH STREET, SUITE 170 JANE E.MERRILL, CHARLES D.FRANKENBERGER INDIANAPOLIS, INDIANA 46280 Of Counsel JAMES E.SHINAVER LAWRENCE].KEMPER PHONE: 317-844-0106 JOHN B.PLATT FACSIMILE: 317-846-8782 JON C.DOBOSIEWICZ, FREDRIC LAWRENCE Land Use Professional JAMES A.NICKLOY June 27, 2012 Angie Conn City of Carmel One Civic Square Carmel, IN 46032 Re: Docket# 12050015 PP— Gray Oaks Primary Plat Dear Angie; Please see below our response to staff comments received via e-mail on May 23, 2012. Preliminary Planning/Zoning Dept. review comments: 1. Please provide digital copies of any revised plans and applications. Reply: Digital copies of all submittal materials will be included with the information booklets submitted on or before July 6, 2012. o''� Please provide copies of your correspondence with the TAC members and their correspondence with you. Reply: TAC transmittal letters were provided with the application submittal. We have forwarded all TAC member comments to your attention via e-mail in cases where you were not already copied by the individual TAC member. 3. Remember to include the Findings of Fact sheet in your informational packets to the Plan Commission. This form can be found within the Primary Plat application. Reply: We will include the Findings of Fact sheet in the informational packet. 4. Provide the filled out and notarized affidavit of notice of public hearing page of the application. Reply: A complete proof of notice and publication will be provided on July 13, 2012. I 5. 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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 chosemarchitectural.style,and shall be determined by Developer or Committee review. All building elements are subject to the most current edition of the Indiana Building Code. A. SITE DESIGN 1. Buildings shall be designed and sited in such a way as to maximize solar gain and privacy. 2. Site design shall be context-sensitive with regards to existing natural features. B. BUILDING SCALE/MASSING 1. Building character, scale, and mass shall be similar to existing buildings. This may be accomplished through siting, setback, buffering, driveway location, height, and other elements. 2. Dwellings shall not feature long, unbroken expanses of wall. This may be accomplished by including the following features: a. Variations in height and depth b. Windows and door openings • c. Changes'in roof line or height d. Details and trim appropriate to the style and mass of the building e.Use of different materials, textures, and materialiplacement f. Placement of landscaping materials and street furniture g. Balconies, recessed entries, and covered porches h. Bays and towers 3. All sides of the building shall have similar level of detail and material use. C. WINDOWS 1. Atleasttwo windows shall be present on each facade, each occupied level, as architecturally appropriate. One window shall be permitted on half stories. 2. AII'windows, on all•sides of the house, shall have trim as architecturally appropriate. 3. Windows shall be operable; to provide for cross-ventilation. 4. Windows and.trim must be framed in wood or vinyl-clad wood. 5. Vertical, rectangular double-hung or casement windows are required to be the dominant window type. These may be used in multiple sets to create larger expanses of window area. D. ENTRYWAYS 1. Entryways shall be clearly visible and shall be the dominant feature of the front facade, or the side facade. 2. Porches shall be a minimum of seven feet deep, and shall be provided where architecturally appropriate. 3. Covered porches facing the street on the first floor of the structure are required and must be a minimum of seven feet deep except directly in front of the door where they may be a minimum of five feet deep. All front porches must be a minimum of seventy-five (75) square feet in size. 4. Uncovered decks are not allowed in the front yard. 'Conn, Angelina V From: Foley, Amanda J Sent; Friday, June 22, 2012`1`02 PM To 'Greg Ilko'; Dustin,Myers Cc: Duncan, Gary'R; Donahue Wold, Alexia K;.Mindham, Daren;.Conn, Angelina V Greg and:Dustin, Gary and l met with Alexia this morning to discuss the right-of-way'cross sections in Gray Oaks subdivision. The request for the 6 foot planting strip was made as'a;suggestion from DOGS to the developer, in order to help offset the variance requests that are being made for this'subdivision. The Engineering Department would like to maintain 26 feet of pavement; as this is what is needed to allow emergency vehicle access if,cars are parked along both sides of the street. Therefore, in order to:accommodate a 6 foot planting strip, the developer'would need to provide a 52 foot right-of-way width. Again, this is;a suggestion to help the developer get his variances approved. We did discuss that Fletcher Circle could be constructed with a lesser pavement width (and consequently,:a;lesser right-of-way width)„but parking would need.to be restricted'to only one side of the:street. If this is something the developer would like to move forward with on Fletcher Drive, please propose a cross section that would accommodate this. FYI, I think the "no-parking" would require an ordinance, approved;.by the City Council. Let nieknow'if-you have questions. Thanks! Amanda Foley • Staff'Engineer City of Carmel Department of Engineering (317) 571-2369 direct • t ;Conn; Angelina`V' • Froinf Foley, Amanda J %Sent: Thursday, June 21, 2012 2:28 PM To; Dustin Myers; Duncan, Gary'R Cc: Conn;,Angelina V Subject: RE: Gray:Oaks.Subdivision - 'Dustin, Gary and I met with DOCS to discuss the roadway width issue. We would like;to keep,26 feet of pavement. This is the general standard we",maintain to_ensure proper'room.(10'=11') for'emergency access. If the issue is providing 5 feet for a planting strip, then we would recommend eliminating the 1 foot strip outside of the sidewalk and having the 50' right-of- way end at theroutside,edge of the sidewalk. Please let;me know if you have questions,, Thanks, Amanda Foley Staff:Engineer City of Carmel Department of Engineering (317),571 2309!direct From Dustin Myers [mailto:dmyers @crossroadengineers:com] Sent: Wednesday, June 20, 201'2'i3:07`P,M To:'Duncan,Gary?R Cc: Conn,Angelina,V; Foley, Amanda J Subject:'RE Gray Oaks Subdivision Thanks Gary. From: Duncan, Gary R.[mailto:gduncan @carmel in.gov] Sent: Wednesday, June 20, 2012 12.14 PM To 'Dustin J.,Myers',(dmyers @crossroadengineers.com) CC::Conn, Angelina V, Foley, Amanda'3 Subject: Gray"Oaks Subdivision Dustin,Amanda'and I just reviewed the roadway width issue,and would like to meet with the DOCS and talk some more We.will°let you know the outcome of'the meeting. Thanks so:much,, Gary' Gary R. Duncan, Jr., PE Assistant City Engineer City of Carmel Department of Engineering One:Civic Square Carmel, IN 46032 (317) 571-2441 (317) 571-24.39(fax) gduncan @carmel:in.gov t ( iIfTTCity of Carmel June 18, 2012 Mr.-,Ion Dohosiewicz Nelson &Frankenberg& 3105 East 2,8th St, ste 170 Indianapolis,.'IN 46280 `RE: GrSV Oaks Subdivision .DearMir.Dobosiewicz: 'The followingletter-represents comments forthis projectspecifically addressing the area of alternative transportaiion. I have-reviewed lhe•drawings:suomitted for iheJone'20,2012 Technical Advisory Committee meeting and offer the following comments: ;ALTERNATIVE TRANSPORTATION REVIEW COMMENTS 1) Please indicate ADA compliant handicap ramps and crossings at all crosswalks. We request that all iesponses to=our continents lie provided in writing. Failure to provide written responses 'array result inrielay bf.,iherevkw process. ILis critical•thal this office be:made:awai-e of.allmodification made on the plans being re-submitted; particularlysif anysuch changes arercotisidered.'new-oi'fall outside ofour:previous reviews. Please provide revised plans indicating all ieVisions:. Please enotify ustof aiiy changes and specifically state any changes,:ihcluding,changes resuliing,from-Plan Commission.'Snecial Studies or other committee meetings. The Department of Community Services,reserves.thcright to provide additional comments based on •subsequent-reviews. If you havequestions;please contact me at 571-2417 Sincerely,. David Littlejiihn Alternative.Transportation Coordinator Dej arliiient of Conlmtinity Services cc: Angie Conn.Department of Community Services, - ' Engineering Department Review Project File Page 1 ONE'CIV'IC SQUARE CARMEL,INDIANA.46032, 317/571-2417 . irro V;EYOR S; pFp o . �— 7 y 3 L -T ::s.:.__ Xentou C. 'hard, C2K%1 Suite 1e8 Surveyor o f.7familton County_ One;7{amiiton County Square (Phone(317),776`8495 JYoblesville, Indiana 46060-2230 `Fax (317)776-9628 June 12, 2012 CrossRoad Engineers; PC ATTN;i Dustin Myers, 3417 Sherman Drive: Beech Grove,IN 46107 VIA E-MAIL: dmvers(a crossroadengiiieers.com RE: Grey Oaks Dear Mr. Myers: We have reviewed the primary plat submitted to the Hamilton County Surveyor's Office on May 1'8; 2012,;for this project and'have the following comments: 1.. The proposed project falls in the incorporated area and MS4 jurisdiction of the.City of Cannel. 2i. The proposed project DOES fall in a Cannel'Wellhead Protection Zone (5 year TOT). 3: The proposed project,does fall in;the U.G. Mitchner Regulated Drain Watershed. 4. Hamilton County Surveyor's Office has no concerns with the proposed primary plat. 5. The preliminary;drainage calculationstappearto meet the release rate requirements, but a more detailethreview will be done when full.construction plans are.submitted. I did notice'the High,Flow.Orifice elevation under:Table 15 is mot.correct,.since it is set at the normal pool elevation: 6. Pleasenote-Hamilton County Ordinance4-26-99 C(5)may require improvements to the natural watercourse downstream of the site:- These,improvements mayy include debris and Bowline obstruction removal, select tree clearing, and,stream bank erosion repair and stabilization, This is to ensure this sitehasia'good outlet and does mot impact the downstream property owners.- It could also be in conjunction with a proposed development project on the downstream property that contains the natural channel, which is currently in the rezone process. 7. Please submit complete construction plans, drainage calculations, and outlet permit to this office when they become available. Should you have any questions, I can be reached at 317-776-8495. Sincerely, -"ill °lir Greg Hoyes, AC, CFM, CPESC Plan Reviewer CC: Angie Conn— Carmel DOCS John Thomas—Carmel Engineering Dave Barnes—Carmel Engineering Conn; Angelina V From: Hunter--, Shirley..A l Shirley.Hunter*duke-energy:conij Sent: Friday June 08, 2012'10:39 AM To: Conn, Angelina V Subject: RE: June20 Technical Advisory Committee meeting agenda Angie, I will not be attending this TAC;meeting. I have no objection to the rezone for Item 12050013 Z. The Olive Garden is IPL service territory. I will work directly with Old Town Design on the new subdivision. Thanks, Shirley Hunter Sr. Distribution EngSpecialist Duke Energy 16475 Southpark Dr Westfield, IN 46074 317.896.6711 Froni::Conn, Angelina'V [mailto:Aconn @carniel.in.dov] Sent:'Friday, June 08, 2012 9:34 AM To Akers, William P;,Blanchard, Jim.,E, 'Brooke Gajownik'; 'David Lucas'; Duffy,John".M;-Duncan, Gary R; Ellison, Christopher M; 'Greg Ilko'; Hohlt, William G; Huffman, David; 'Jason Kirknian.; 'Jason LeMaster'; 'Joel Thurman'; Krueskamp,Theresa,A; Redden, Nick; 'Ron Farrand', 'Ryan Hartman';;Hunter,:Shirley.A; Westermeier, Mark; McNamee, Gary6; 'Yackle, Troy''; 'jlclark @vectren:com, Thomas; John'G, 'Greg.Noyes @hamiltoncounty:in.gov'; 'dan.davenport@ aes.com, 'doland.w:wise @usps:gov, Mindham, Daren; Littlejohn, David W; 'KREBS, STEVEN J (ATTINB)'; ^'Larry`Beard;, Green, Timothy J; 'Duane,Whiting' Cc;.Boone,Rachel M.; Carter, Ronald E, MI-shier, Nicholas F; 'Chuck Shupperd'; Donahue-Wold, Alexia K; Hancock, Ramona B;'Hollibaugh, Mike P; Knott, Bruce; 'Richard:Heckt 'Marilyn Anderson'; 'Mark Zukerman'; McBride, Mike T; Pace, `Paul V,"Judy Hagan'; Tingley,:Connie 5; Maki, Sue; Keeling„Adrienne M; Stewart, Lisa M; 'mw9285 @aol.com'; Haney, ,Douglas C, 'Jeffrey Cohen; Barnes, David R, Worthley,Matthew D; 'am yschnick @hamiltoncounty:in.gov, Wenger, Garry; 'Ron Morris', Whitman,,Mike; 'Jennifer Marlett'; 'Rlchreis @aol:com, Hoover, Aaron;'Jeremy Boyer'; 'Wiseman, Alan'; Kempa, Lisa L; 'MWhite @buckeye.com', Martin, Candy; 'McFeely, Dan; Mishler, Nicholas F, Barlow, James C; 'kcummings @citizensenergygroup.com; 'jF avard @citizensenergygroup:com', 'Jon Dobosiewicz; 'justinmoffett@aol.com'; 'Janet Reid,"Jack DeGagne'; 'Pohlman,Jesse M'.';"joseph.scimia @FaegreBD.coni, 'roberta.driver @faegreBD.com' Subject: June.20 Technical Advisory'Corilmittee-meeting agenda Hello, TAC members: The Wednesday, Julie 20, Carmel Technical Advisory Committee meeting agenda is attached in 2 file formats. Please let me knew'if you did noCreceive plans fora certain item„or if you have any questions/concerns. Have a great weekend! Angie Conn,.Planning,Administrator City of Carmel Planning &Zoning Division Dept. of Community'Services 1 Civic.Square, 3rd Flr. Carmel, IN 46032 0:.317-571-2417 I F: 317-571-2426 I E: aconn©carmel.in.gov W: www.carmeldocs.com 1 tratfliffikt ILO �1Y3® CIi rQi F ktiME L: May31,.2012 JAMES.BRAINARD, :MAYOR. Mr: Dustin-Myers CrossroaceEngineers, P.C. 34L7;Slienrian Drive Beech•Grove; Indiana 46107 RE: Gray.Oaks'Subdivision=ProjectiiReview.#I Deai.Mr:Myers:, The City'received your construction plans on':May 182012. -The project':is scheduledifor review at the June 20,;2012 Technical`AdvisoryCommittee meeting.. We offer'the•following coninients: GENERAL INFORMATION • These,comments represent the Department of Engineering's first review of theprimaryyplat for this project. 2'. We:request that all responses to our commentsibe;provided in writing and be accompanied by a drawing reflectingthe requested revisions.. Failure to::provide written responses may result in the delay of the review process: 3: It is critical that this:office be made aware of all inodiuications made on the plans being re- submitted,particularlyifanysuch changes are considered"new"or,..falloutsideof our previous;reviews. Please,provide revised plans including all revisions. Please us of any,changes and(specifically,state any changes,including changes;resulting from Plan Commission, BZA or"other committee meetings:: All drainageplansand drainage calculations willbe,,reviewed.. FinaEdrawings wilfnot.be:approved for construction:until!- a. All iEngineeringDepartmentand Utility:Depart nentand Hamilton County.Surveyor issues havebeen resolved. b. All bonds and performance guarantees are posted; c. Alt:Board of yablic Works'and Safety approvals and any other governing agency approvals(if required):are;obtained. d. All off site easements necessary to install utilities to serve-the development are secured. e. SWPPP is'enf ved.. f. All:fees'are:paid; 6.; The Department,resery es the right:to provide additional comments based'upon subsequent. reviews., 7.. An approved;'Storm Water Management is required priontocommencing any earth disturbing activity.;Please contact Mr John Thomas regarding,.storm water-quality requirements 8, An approvedfright-of-waypermit,is requiredprior'toconnnencing-any work in the public right?of-.way andi;for construction equipment accessfi,oin the,City'sright;of-way. 9. If it•will be necessary to relocate.existing••utilities;the costs for such relocation shall be borne solely by the developer. Any utility poles',requiringrelocation shall be relocated`towithin one foot of the outside edge of the proposed right-of:way. The,Department requires that the construction drawings be developed`:in accordance:with the City'ofCarmel digital submission standards.and thatalllrequiredsubmittals for primary plat, secondary plat,and construction drawings be made. The digital=files.must be'submitted to the Department f Engineering prior to the approval of thecogstruction plans:. Please:contact the.City GIS Department for the requirements. DEPARTMENT OF ENGINEERING ONE CIVIC'SQUARE, CARMEL„IN 46032 OrFlcE.-317.571.2441' 'F,tx 317.571.2439 EMAIL engineerin ectrmeLia:gov: Mr. Dustin Myers May 31,2012 RE: Gray Oaks Subdivision-Project Review#1 Page 2 of 6 I I. Thoroughfare Plan Compliance: Section.2.09 of Chapter 2, Article 1 of Chapter 10 of the Carmel City Code requires that all projects.and Improvements or authorizations under the jurisdiction of the zoning ordinance that adjoin,;include.are served by or affect existing streets bearing a designation on the Thoroughfare Plan shall conform to the requirements of the Thoroughfare Plan in regards to(I)the dedication of public Rights=of-way;(2)design and,construction of the improvements indicated by the.Thoroughfare Plan across the roadway frontage of the project;(3).Setback;and.(4)any other affected development standards. Section 2.09 further states that the petitioner may elect to provide a monetary commitment equal to the value to otherwise design and construct the improvements.indicated by the Thoroughfare Plan across the roadway frontage.The value of the commitment shall be equal to the difference in the value to otherwise design and construct the improvements.indicated by the Thoroughfare Plan across the roadway frontage, minus-the.cost to design and construct those improvements indicated by the Thoroughfare:Plan across the roadway frontage that will be installed by the petitioner: The values established above shall be approved by the department of Engineering...Section 2.09.furtherstates that conformance with the Thoroughfare Plan as outlined above shall be in addition to any improvements deemed necessary by: (I)'Chapter 5, Sections 5.03.05 and 5.05:02(3);(2)Statements per Chapter 24, Section 24.02(B)(5)(e);and(3)Other applicable standards. 12. Jurisdictions: a. The project site is located within current.City of Cannel Corporate Limits. b. Perimeter Street and Right-of-Way—City of Carmel (Gray Road) c. Water—City of Carmel Utilities d. Sanitary Sewers—City of Cannel Utilities e. Storm Sewers/Drainage—City of Carmel. f. Legal Drains—Hamilton County Surveyor's Office, 13. Drawings submitted for approval: a. The design engineer must certify all drawings submitted for final approval. • b. This office will require 9 sets of drawings for approval after all issues have been resolved. The drawings will be stamped as approved and signed by the City Engineer and by Carmel Utilities. The Owner-will receive 3 sets,one of which must be maintained on the construction site at all times. If this project is subject to review and approval by the Hamilton County Surveyor's Office. atotal of l.1 sets will be required for final approval. 14. Carmel Utilities will provide separate reviews of this project for water issues. Please assure that copies of all drawings are sent to: Paul Pace Paul Arnone Carmel Utilities Distribution Carmel Utilities Collection 3450 West 131"Street 901 North Range Line Road Westfield, IN 46074 Cannel,IN 46032 15. Carmel'Utilities subscribes to"Holey Moley"who should be contacted directly for all public utility locations. 16. The following items will be sent electronically upon request regarding this correspondence. and project: a. Project Approval Checklist b. Performance/Maintenance Guarantees c. Utility Jurisdictions/Right of Way Permits d. Availability(acreage)Fees BOARD OF PUBLIC WORKS AND SAFETY 17. A schedule.for Board of Public Works and Safety meeting dates'and agenda deadlines will be sent electronically for your use upon request Please use the Engineering Department deadlines for submissions to the Board. • Mr. Coastal Myth May31; 2012 RE: Gray Oaks Subdivision_Project Review.#1 Page3 oft 18 Any:submission`to the.Board requires prior approval by the Carmel Clay Plan Commission and/or the Board of Zoning,Appeidsi'(ifappbcable)and completion of review:by the Technical Advisory Committee All wrrtten'requests to be'placed on the Board's_agenda,must include,the appropriate DocketNumbersand'the date?(or dates)of approval by the?Plan'Commission and/or the Board,of Zoning Appeals'(if applicable). 19.. Water'Availability-and Sanitary'Sewer approval from the Board will lie required. Thi§is an EDU.approvalidbasedupon the:proposed use of the site:..Reference Items#33to'#35 below foradditional.details/explanations. 'Please'1,note that!if an entryway or other system;is planned for this development,additional'Water Availa"bility"Approval.from theiBoard.will berequired and"additional Water,Connection,Fees will be;assessed based upon the size.and usage of the systemt as determined by the Director.of Carmel Utilities, 20. Temporary Construction Entrance'Approval. li appearsahe,planned constructionentrance is located-.at The site of a permanent Curb:cut planned;on'Gray Road. Therefore a separate approval from theBoardwillnot berequired: 21;, Themstallation of any permanent privately owned and/or maintained improvement(signs; decorative street,signs,walls,streetlights;etc.)within dedicated right of wayofdedicated easementsLrequires.theexecutionof a-Consentto,Encroach Agreement between:the:Owner and:The citYJ of Carmel:Such;agreements:are executed by the•Boa'rd of Public Works and Safety:,The City,Engineer nay_approve'irrigation`syste n agreements. Secondary'Plat approval ifapplicable Al),performance guarantees`must be.posted prier to submission of secondary plats'for Board.of Public'Works andiSafeSy approval. 23t. Dedication df righttif-wayifnot platted: This,is based`upon the:City of Carmel 20-Year Thoroughfare Plan_requirements. Dedication documents are available upon request. Please be advised'that,all Right-of Way Dedications ihuSt beaccompaniediby a:Sales Disclosure Agreement completed bythe-owner,for the.property'being dedicated to the City, The dedication document:cannotbe:recorded without a completed SaleslDiseosure. The form is avai lable;upon;request. 24'. Any open pavement?cuts of City right-of Way will,require Caimel;Boardf Public Works and Safety approval. BONDING REQUIREMENTS 25(, Please contact Mr_Dave Bamesito review:performanceguarantee,requirements. :Please contact'Mr John Duffy to review water and)samtaiv'sewer bonding;requirements. 26: The amount of the Performance Guarantee jis based upon}a certiifedEngineer,s Estimate for 100%ofthe cost:of labor and materials to construct the individual improvements,.to:be provided:by the.designengineer. Please.provide:detailed Engineers Estimates:for each impreveMenf including quantities,unit costs,pipe sizes,iand materials,etc. 27: Upon completion and release'of individuallPer formance`Guarentees,,a three-year Maintenance Guarantee will,be':required(see Street Sign comments!,above): The MaintenanceGuarantee'amount:is based'upon l5%lof.the Pertbrmance:amount for Streets and Curbsand`.10%°of thePerformanceatnount for all otherlimprovements.. 28: Performance Guarantees maybePerformance of Subdivision Bonds or Irrevocable Letters of Credit. 29: Please reference the available.enclosures feemoredetailedexplanation of our procedures. RIGHT OF WAYSPERMITIANDlBONDING.. 30:. Any work in the,dedicated right;=of-waywillrrequire an?approved Right=of--Way'Permitand a License'i&Permit Bond The bond"amount:is determined by ourrRight-of-Way Manager. However„if the woik•is includedin the scope of work?of a required and posted.Perfonnance Guarantee the Performance Guarantee may be used to satisfy the'bond requirements of the Right=of Way,Permiu 3!1:. Please;contact our Rightof--Way Manager, Fred Glaser to;arrange right,of-waypennitting and bonding. Mr.Dustin Myers May 31,2012 RE: Gray Oaks Subdivision-Project Review#1 Page 4 of 6 AVAILABILITY AND CONNECTION.FEES 32. We defer to Cannel.Utilities,regarding this issue. 33. If an entryway or overall site irrigation system is planned for this development, additional Water Connection Fees will,be,assessed based upon the size and usage of the System and upon the recommendations of the Director ofCarmel Utilities. 34. These:fees are required to be paid prior.to final approval of construction,plans,by Engineering and prior to issuance of building permits by Building Codes Services. Please confirm these fees and calculations with Cannel Utilities. PRIMARY PLAT;REVIEW COMMENTS 35. Please confirm that all existing easements for entire tract are indicated on the primary plat. 36. Please stamp the plans"Approval Pending—Not Construction". 37, The scale is greater than I"=50'. 38. Please.provide the requisite storm water/drainage information required by Section 102.05 of the Storm Water Technical Standards Manual, including,but not limited to: . a. The approximate locations,.approximate size,:elevations,manholes, inlets,and connections to the City storm sewer system of any stormsewers-that are planned. b. The locations and typical cross'sections of any swales that are planned. • c. If subsurface.drains are planned, show locations, connections to stonn sewers,and any other outlets. All swales on site must have sub-surface pipe installed. Pipe to conform to requirements of Stonn Water Technical Standards Manual and shall be double wall, HI-Q pipe or equivalent. d. Indicate the on-site and offsite;flood routing, from each of the ponds through the site. Include the flood route:through the site of the pond at Stafford Place aswell. e. Provide minimum flood protection grades for individual lots. Lots along flood routes shall be 2 feet above the flood elevation. 1. Provide the critical;pond elevations for each pond, including: i. Top of bank ii. 100 year elevation iii. Spillway elevation and,the spillway locations for the ponds. g. Indicate the planned storinwater quality BMPs including sizes, locations,and easements. h. Provide the Hamilton.County Surveyor's Office with the Pre-Developed Drainage Report,Post Developed.Drainage Report,and a Summary Report per the Storm Water Technical Standards.Manual.Section 102.05. 39. Please label all proposed.easements: a. All storm:sewers shall be contained within a.minimum 30 feet width drainage easement. b Rear yard swales shall be contained within a minimum 30 feet width drainage easement. c. A minimum of 15 feet beyond the actual footprint(top of bank or 100.year'if no top of bank is present)of stonnwater detention facilities shall be designated as drainage easement. A minimum 20 foot width easement shall also be required as access easement from a public right-of-way to the facility. d. Detention pond spillways shall be located within a minimum 30 feet drainage easement. 40. Detention ponds shall be separated from road right-of-way by no less than 50 feet, measured from the top of bank,and from any building or structure by no less than 25 feet,measured from the 100 year elevation. 41. No residential lots shall lbe used for any part of a detention basin, assumed full to,the 100- year elevation or the emergency spillway elevation whichever is higher. 42. Is the,full.right-of-way of Gray.Road included in the detention on.site? 43: It appears that the entire site will outlet to the culvert under Gray.Road at the NE corner of the site. Please evaluate the size and condition of this culvert. The City may require replacement of this culvert. ,a Mr. DustimMyers: May3 1,;2012 RE: Gray OaksiSubdivision;ProjectReview#1 Page 5-of 6, 44. There are existing;drainage`issues on the north side of OakbrookiSubdivision'.thatneed to,be accommodated in:;the,design for,this project. 45. Please include the City standard Typical Section Local Street". The pavement details. currently on the plat arepot consistent with:the City's standard. Th e"r roadway pavement. width'.isnoi,per the:standard. 46. Please:include.the City4standardwrb detail.-, 47. The maximum'widthlofthe entrance including the median shall,be forty six feet. The maximum width of a"lane on each side of,the median.shall.be-eighteen feet. 48.. Please label the dimensions of the southbound auxiliaryilanes. Auxiliary lanes shall conform tof City standardtdi mensions. 49.. A 3 foot wide,6-,inch deep;#73gravel‘shoulder will be required,along the auxiliary lanes. A subsurface drain,meeting the Ciiy'ofCaniiel Detail";10-9 shall be installed under the shoulder and'connected to on-site storn'sewer system: 50.. Milling:and resurfacing of the full width of the existing roadway>is'required across the frontage of the development or to the limits of the auxiliary.lanes if they extendpast the property+frontage: 51.., 'rhe Eiigineering,Department,thinks the entrance to the;subdivision is better suited 170 feet south of the current proposed'entrance, Has there been any discussion with DOCS regarding this entrance location. 51. Gray;Oaks-.Drive;,will.connect with:WellswoodlBend to.thewest. Please confirm with Carmel-Clay Communications:the name of this roadway. 53, Please check the site distance at the'east intersection of Gray Oaks Drive and Fletcher Circle. and ensure adequate site distance is provided:. 54; Per 6.03.10 of.the:Subdivision Control Ordinance at intersections of streets;:property line corn-era shalhbe roundedtby:ares of at;leasiiwenty(20Tfeet.radii or'by chords of such arcs. Please,check C18;,C39,C44,and C29,and ensure they are consistent with this standard. 55 The entrance anglefor Murphy-Court shall be between`90 degrees and 75 degrees. 561 Please include the design speed on the primary plat. 57(.. A good:faitheffort shall-,bemade to acquire':right=of-way from-the property:owners on the east Side of Gray'Roadfora passing'blister. Ifyou'have questions;:please;contact me at:'571-2441. Sitb/a.cerely,, Gary K,Duntan, . Assistant.Ci Engineer Departpientof Engineering cc: Angelina Conn, Department of Community Services John Duffy,Carrel+Utilities Paul Pace;,,Carmel Utilities NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS,AT LAW JAMES J NELSON 3105 EAST'98TH STREET, SUITE 1,70 JANE B.MERRILL, CHARLES!D.FRANKENBERGER INDIANAPOLIS, INDIANA'46280 Of Counsel JAMES P SHINAVER LAWRENCE J.KEMPER PHONE:.317=844-0106. ' JN cJO N B PLATT FACSIMILE: 0 ^1O `o9 BOSIEwICZ, FREDRIC EAWRENCE I and Us Professional JAMES A NICKLOY � ; 14 t\ May 18, 2012 mi M4/-/ t aI Angle Conn c,,, OCt�. City of Carmel ~ One Civic Square ` fret :1 0`,' Carmel, 1N 46032 'Re: Primary P1at:Application for Gray Oaks Dear Angie: .�� Enclosed you' Will find a Primary Plat- Application for Gray Oaks. Our anticipated Lb Schedule is as follows: 5U,0-e, 220 TAC- Mkg. July 17 P1an.Commission Public Hearing August.7 Subdivision Committee -kr Plan Commission (when forwarded out of'comfnittee) , T. We will soon be•conferring with you to further discuss the request. As we discussed - 4,h. earlier`this'week we plan to file.variance'applications by June 8 in order to be heard by the BZA S a after the Public Hearing•on the Primary Plat and prior to Subdivision Committee. 'Stbuld you have':any'questions,pl'ease do not hesitate'to call. Very truly•yours, NELSON;■& FRANKENBERGER, P.C. iii" Jon C. Dobosiewicz Land Use,lProfessional Enclosures Application Submittal f tar to ACunn 051812 ' Conn, Angelina V From: Dustin,Myers [dmyers@crossroadengineers:com] Sent: Friday, May 18„2012 4:06;PM To: Conn, Angel iha1VI Donahue'Wold, Alexia K; Mindham, Daren;.Littlejohn, David W; Akers, William P;.Huffman;,David; Thomas„John G';;gr eg:hoyes@hamiltoncounty.in.gov; gilko @crossroadengineers cork;Duncanpary:R Redden, Nick; david lucas @namiltoncountyin.gov; Hohlt,.William G, Blanchard, Jim E; Duffy,John M; Green. Timothy); Ellison, Christopher M4Krueskamp, Theresa A;Forward for Westermeier, Mark;Jason.lemaster©hamiltoncounty.imgov; brooke:gajownik @hamiltoncounty.in.gov; jason.kirkman@ihybrighthouse.com; shirley.hunter @duke.-energy.com; garyrncnamee@duke energy corn jtclark @vectren:corn; dan:davenport @aes.com; dwhiting @citizensenergygroup:com; rfarrend @ccs.k12:in.us; ryan.hartman @ctrwd.org; troy.yackle@sug.com;doland.w.wiseOusps.gov;,sk4986@att.com Subject: Carmel TAC Item.Agenda Gray Oaks Subdivision Attachments: SUPPORTING DATA.pdf; PRIMARY PLAT PG1 pdf,PIRIMARY PLAT PG2.pdf; L100 _Gray_Oaks_Landscape_Plan_5-17-12:pdf;.OPEN SPACE EX. A- 5:18.12.pdf Dear TACMe"mber: On behalf of The!Old'Town Design Group LLC, we are,filing a primary platapplication for 23.8 acres +/- located at 14412 Gray Road. Theproposed 41 Jot subdivision is located within the R-1 residential zoning district. Enclosed'please find for your'review in'advance of the June.20`h Carmel Technical Advisory Committee meeting the following documents: Primary%Plat • Supporting,Data Sheet: • Landscape Plarr • 'Open Space Exhibit A Hardcopies of these materials are being provided to you if the DOCS`has;identified ''paper” as your submittal preference. Thank you for your time and we look forward to your comments.. Dustin Myers CrossRoad Engineers, P.C. 317-780-1555'x122. 317-780-6525 Fax dmvers @crossroadenaineers.com 1 _ l Conn, Angelina V From: Conn,.Angelina V Sent: Wednesday, May„16, 2012 4:31 PM To: Holljfiaugh .Mike P Cc: Boone, Rachel M:; Donahue-Wold, Alexia K; Mindham, Daren; Littlejohn, David W; Campbell, Kristyn Subject: Justin:Moffettproject- 14412 Gray Rd. , Attachments: 14412 Gray Rd Primary Plat.pdf Mike- Here is a sneak peek of what Justin Moffett will be submitting this Friday,for the July Plan Commission hearing. Also, so far3 BZA variances will be sought for: front yard setback, side yard setback and lot width... Any comments or concerns? Please let me know if this route is best, or if you think they need to do a Rezone/PUD instead. Thanks! Angie Conn,.Planning Administrator - City of Carmel Planning &'Zoning Division Dept. of Coniniunity Services 1 Civic Square, 3rd Hr. Carmel, IN 46032 D: 317-571-2417 l F: 317-571-2426 I E: aconn@carmel,in.gov W www.carmeldocs.com Please consider the environment before printing this email • 1 • cZ7 Sn WEST RD I0010\NO W N 9 S IS o SHELBORNE RD SHELBORNE RD .(=1' ti 1 TOWNE RD n TOWNE RD 0 = HOOVER RD C P , r DITCH RD DITCH'D IM m CLAY CENTER RD SIX POINTS RD a m XP C SPRING MILL RD e .%VA ILLINOIS ST E -1MIN MERIDIAN ST a A w M PENNS o i 419 m OAK RODE RD _ IIIOLLEGI AVE C m GUI ORD ,, ra52 RD I ROHRER RD to ti NI WESTFIELD BLVD RD AMMO Ail o / • m '''Ill MI NI KEYSTONE PKWY CAREY RD __ m m m _ m ► m gml ii a m - I.- R � • - ZGRAY RD GRAY RD II 11141 _ HAZEL IMP DELL HAZEL DELL f PKWY Z IIIIIIIIL y FRRv it 1 /1---7,--'1,,..? �A Oil b ACL1$OMV 1[LE RD \\ ,......___ 911 oil ..:\ th....Igi 1 ) .