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HomeMy WebLinkAboutPacket 7-5-05CARMEL, INDIANA ABNEY GLEN PRIMARY PLAT APPROVAL AND SUBDIVSION WAIVERS 39 Acres on Southwest Corner of 121~t and Shelbourne Docket No. 05040012 PP Subdivision Committee- July 5, 2005 Applicant: Indiana Land Development Attention: Paul Shoopman Phone: 415-0459 Attorney: Charles D. Frankenberger NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 Telephone: (317) 844-0106 TABLE OF CONTENTS 1. Explanation o Aerial Photograph (a) Current conditions (b) Regional context 3. Plat rendering o Open space schedule 5, Gl Responses to requests of nearby residents Tree preservation plan 7. Landscape plan o e Floodway- proposed conditions Architectural Commitmems 10. Examples of types of residences (a) Samples of residences priced between $400,000 and $600,000 (b) Samples of residences priced between $600,000 and $800,000 (c) Samples of residences priced between $800,000 and $1,000,000 HSJanefilLD\ 121 ~-Filo\TOC-SC 070505.doc EXPLANATION By way of general background, Indiana Land Development's request for primary plat approval and subdivision waivers was heard by the Plan Commission on May 17, 2005. We then went to Subdivision Committee on June 7, 2005, and we will return to Subdivision Committee on July 5, 2005. To recap, the area of the real estate is indicated on the aerial photographs included as Exhibit 2. Indiana Land Development has filed for approvals necessary to develop this 39 acres into an upscale residential community to be known as Abney Glen. These approvals include primary plat approval and the approval of the three subdivision waivers discussed below. Abney Glen will comprise 44 lots on 39 acres, yielding a low density of 1.1 lots per acre. To illustrate this request, the following are among the exhibits included in this brochure: l, Plat Renderine - Enclosed as Exhibit 3 is a colored rendering of the plat, on which the tree preservation plan and landscape plan are superimposed. Regarding this, the following are noteworthy: (a) Further to frontage place requirements, the fronts of residences on Lots 1 through 16 will face 121st Street, and the fronts of residences on Lots 22 through 25 will face outward toward the roundabout planned at the intersection of 126th Street and Shelbourne Road. (b) Further to suggestions received at the first Committee meeting, one of the subdivision entrances on 121 st Street has been replaced by a driveway servicing Lot 15 and Lot 16. This change is not shown on Exhibit 3, but is illustrated on Exhibit 8. (c) A subdivision waiver is requested to permit the sides of residences on Lots 21, 26, and 30 to not face Shelboume Road. In this regard, the landscaping along Shelbourne Road exceeds what is required, and the residences will be upscale. (d) The internal street south of the common area has been characterized as a cul-de-sac which is greater in length than 600'. To permit this, a waiver is requested. Neither the Police Department nor the Fire Department have expressed any concerns in this regard. (e) Prior to the initial public hearing before the Plan Commission on May 17, 2005, we had two neighborhood meetings. Since the Plan Commission hearing, Jud Scott, our arborist, has again conferred with neighbors. As a result of those meetings, landscaping has been enhanced along segments of the western and southem boundaries. o Responses to requests of nearby residents - On May 17, 2005, residents of Long Branch Estates filed their written list of demands. A summary of these demands and Indiana Land Development's responses are included as Exhibit 5. ge Tree Preservation Plan - The tree preservation plan is included as Exhibit 6. This illustrates, in greater detail, the tree preservation identified on the Plat Rendering included as Exhibit 3. 4. Landscape Plan- The landscape plan is included as Exhibit 7. This illustrates, in greater detail, the landscaping identified on the Plat Rendering included as Exhibit 3. . Proposed Conditions. We have requested a waiver to permit floodway to exist on certain lots adjacent to Long Branch Creek. The proposed conditions, indicating the area of the floodway with a blue dashed line, is included as Exhibit 8. As indicated, the floodway will not encroach on any building pads. 6. Architectural Commitments. The architectural commitmems applicable to the residences are included as Exhibit 9. . Types of Residences - Examples of the types of residences to be built in Abney Glen are included as Exhibit 10. The examples are categorized in price ranges of (i) $400,000.00 to $600,000.00, (ii) $600,000.00 to $800,000.00, and (ii) $800,000.00 to $1,000,000.00. We look forward to presenting this to you on July 5, 2005. Respectfully submitted, Ch---~les D. ~'rankenberger H:~JanetXlndiana Land Der\Carmel- 121 st Street Filo~Explanafion-SC 070505. doc Long Br~dnch Ester:es ABNEY GLEN SaddJebrook at Shdborne ABNEY GLEN i 2 i Street ~nd SheJbome ~,oad ~h~ ! ! TREE on the proparty. A Ci'i'5' OF CAB~flEL INDIANA N CITY 01: CARMEL ~BDIVI$I01q CONTR. OL OKDINANC£ ..... 71! II Il _! Illll EXHIBIT A OPEN SPACE SCHEDL~E SUBDIVISION NAME: Long Branch 1. SITE ACREAGE 38.86 m 2. ZONE DISTRICT S-1 . . MINIMUM OPEN SPACE REQUIREMENT (SOSR) OPEN SPACE PROVIDED (OSP) 15% / 5.83 25% / 9.72 aCICS acres . PRIMARY CONSERVATION .AREAS Well-head Protcctio n' Area FBMA/IDNR 100-year Flood Fringe White River Corridor Steep slopes'(l 0%) Mature Woodland Special Opportunity Corridor (identify) Other FEMA/IDNR 100 year Floodway Wetlands (>I/4 ac.) Scrub Woodland Young Woodland Historic Structures/Sites 6. NATURAL OPEN SPACE PROVIDED ~ 6% / 6.19 acres 7. AGRICULTURAL OPEN SPACE / .... acrcs 8. DESIGNED OPEN SPACE 9% ! 3.53 acres [] Square m Boulevard t8' Trails Parks Greenbelt Golf Courses ~ff Green m Paths Pond (sec below) Other Neighborhood Focal Point . 10. CONSERVANCY LOTS " no. lots -- acres PONDS total measured perimeter (in linear fe.et) 1,440 I.f. total measured accessible perimeter (not bounded) 900 l.f. 63 Chapter 7: Open Space Standards For Major Subdivisions 7-11 m' amendedper Z-346; Z..458-04 ' Winter 2005 v ] . o o . Se Requests of Residents of Long Branch Estates and Indiana Land Develooment's Resl~onses: Tree Preservation- 50 foot tree preservation areas were requested along the western and southern property lines. Indiana Land Development has responded as follows: a. With the assistance of Judd Scott, our arborist from Vine and Branch, Indiana Land Development has provided substantial tree preservation throughout Abney Glen; be Indiana Land Development will provide a 10 foot tree preservation area along the western boundary of Abney Glen; Co Abney Glen will provide a 15 foot tree preservation area along the southern boundary of Abney Glen; and do These tree preservation areas will be sufficient to preserve most trees along the westem and southern boundaries of Abney Glen. Preserve major standings of trees - The preservation of all major standings of trees throughout Abney Glen was requested. Indiana Land Development has responded as follows: ae Tree preservation will occur within the area shown on the tree preservation plan; and be With respect to trees not within the tree preservation plan, Indiana Land Development and builders will be motivated to save trees which do not need to be removed because of home construction and lot development. Cul-de-loop- Shortening of the cul-de-loop was requested. Indiana Land Development will maintain the cul-de-loop as illustrated on the enclosed plans, but has responded by adding landscaping buffer along the south to provide additional screening. Landscaping enhancement of perimeter- The planting of large pines (greater than 8 feet in height at planting) was requested along areas of the western and southern boundary of Abney Glen in which trees do not exist. In response, Indiana Land Development has agreed to plant in areas shown on the landscape plan. These areas have been chosen, in part, to supplement tree preservation. Wildflowers - Maintenance of all major stands of wildflowers throughom Abney Glen was requested. In response, Indiana Land Development has stated that it is not its intention to remove stands of wildflowers existing within the tree preservation area; however, the preservation cannot be guaranteed. 6e . 8, . 10. 11. 12. 13. Long Branch Creek- The request was made that there be no disturbance to Long Branch Creek. In response, Indiana Land Development and builders will comply with all applicable laws and regulations, including the requirements of the City Engineer and the County Surveyor. Construction Debris - It was requested that there be protection from the drifting of construction debris. In response, Indiana Land Development has indicated that it does not intend to attempt to remove the fence which now exists within Long Branch Estates along the western boundary of the real estate. Street cleaning- Concern was expressed about streets remaining clean. In response, Indiana Land Development has indicated that it will comply with Carmel's Ordinances regarding construction debris and cleanliness of streets. 121st Street access- The request was made to limit the number of street cuts on 121st Street. Some of these exist in order to comply with frontage place requirements. Additionally, Indiana Land Development has agreed to eliminate one of the subdivision entrances on 121st Street, and to replace it with a drive-way servicing only 2 lots. Construction and development traffic- The request was made to limit the access points for construction and development traffic: ao Indiana Land Development must use the frontage road in the northeast comer of Abney Glen, and it must also use the entrance on Shelbourne providing access to the southern portion of Abney Glen; and be Indiana Land Development has agreed, however, to use only (i) one other entrance on Shelbourne Road, or (ii) one other entrance on 121 st Street. Construction hours- The request was made to limit the hours of construction. Indiana Land Development has responded that it will comply with all applicable Ordinances enacted by Carmel and pertaining to construction noise. Walkway on 121st Street and Shelbourne- A walkway was requested on 121st Street and Shelboume. In response, Indiana Land Development has indicated that it will install all required trails and sidewalks. Wetlands - It was requested that Indiana Land Development follow all laws regarding wetlands. In this regard, Indiana Land Development has responded that the pond which will be filled is an upland pond which (i) does not facilitate drainage, (ii) outfalls into Long Branch Creek and (iii) is not a wetland. Indiana Land Development will comply with all laws regarding wetlands. 14. Commitments- Finally, a demand was made for commitments requiting the enforceability of all matters for which commitments will be made. To this end, written commitments will be provided regarding tree preservation. H:~Janet~Indiana Land Dev\12 l~t-Filo~Long Branch Requests & Responses.doc © © ® ® OOOOOOQOQOO 0 r: -- ' O00O-~ ...... E~STING TREES ~= PROPOSED TREES ~= TREE PRESERVATION AREA 'C' TYPE 8LFFEf~ ] ~O' BL.~L~ YAP`D)I - 4 $~AO~ r~EE_S / 12 5PE~ 'C.' 1 TPE EIL~=PE~ I C20' BLI=~E~ YAP`D~I - IO 49 PAD ?0'XTO' 1 23.882 S.F. 5,¢,iB6 S.;, 12. 20,8.69 . 18,085 ---"I" 25,4-g5 S,F, 3 25,855 s,r. .. 22,/26 S.F. 27,5§7 S.F. .28, g75 5.F. .. ¸4-2 30,¢35 S.r, COMMON AREA cio' @L.'=FEI~ 1 L 55 ~S 20.866 S,F. 1'0' 9 8 1B,500 SF, 16,500 $,F, 16,4-14 s.r. 26,167 ___ 5 6 7 22 OW S.F 23,02.9 S F. 22,000 S.F / ,~O,O AC: 22.957 S.F. ~ /// \, 34 20,209 S.F / / 33 S.F. /' COMMON c~c i%.T't'PE BLFP]~ /- PAD 70'×80' / 22 21.095 S.F. 28 22,DOD 5.F. 27~, 22~000 - PAD 7o'x8o 26 21,807 3O MAt;, 'D' T'['~ E~ffi~--~' (15' BUFFEE '"(.'"ED) 15 OPNAMB'4'f ALS 'D' T'TP'~ BL~F"E~ (15' BUFFE~. YAP. D) - I5 $1~)tE T~[E$ - I50RNAN~NTALS Z oz~b zS )k 8 --OuEY MO{EY SAYS "DON'T DIG BLIND" !80( 382 55S4 CALL TOLL FREE LEGEND CORP~ LAND SURVEYING SERVICES 360 S Madison Avenue, Suite 109 Greenwood, Indiana 46142 Phorle (317)885-9900 Fax 317 885~7076 lwr 9htcorp corn CERTIFIED BY: ........ ~:o~ COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Indiana Land Development Corporation ("ILD"), the contract purchaser of the real estate located in Hamilton County, Indiana, and described in what is attached hereto and incorporated herein by referenced as Exhibit "A" (the "Real Estate"), makes the following Commitments (the "Commitments") applicable to the Real Estate. Section 1. EXhibits. Attached hereto and incorporated herein by reference as Exhibit "A" is the legal description of the real estate (the "Real Estate"). Section2. Definitions. Different words and terms are defined throughout these Commitments and, further, the following definitions shall apply throughout these Commitments: l, ARB: The Architectural Review Board established by the Developer in the Declaration of Covenants. 2. Commission: The Plan Commission of the City of Carmel, Indiana. . Declaration of Covenants. A Declaration of Covenants, Conditions and Restrictions for the Real Estate which shall be prepared by the Developer and recorded in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. 4. Department. The Department of Community Services of the City of Cannel, Indiana. 5. Developer. Indiana Land Development Corporation, its successors and assigns. o Historical Architectural Style. Historical Architectural Styles are established by and shall mean and refer to such homes as (i) colonial homes, (ii) cape cod homes, (iii) craftsman homes, (iv) traditional farmhouse homes, (v) french country homes, or (vi) homes with various exterior architectural elements, taken from the foregoing, to create more recent versions of the foregoing. The Department shall have the authority to determine whether a specific house plan qualifies as a Historical Architectural Style entitled to the modification, in the manner specified in these guidelines, of the standards set forth in these guidelines. The Department shall have the authority to approve a house plan as a Historical Architectural Style. The denial by the Department of a house plan as a Historical Architectural Style may be appealed by the Developer to the Commission. , . Homeowners Association. A nonprofit corporation established for the promotion of the health, safety and welfare of the residents of the Real Estate once developed, and to manage, maintain, and repair the common areas within the Real Estate and any improvements located thereon. o Masonry. (i) Brick, limestone, natural stone, cultured stone, or other similar building material or a combination of the same, bonded together with mortar to form a wall, buttress or similar mass and (ii) EIFS and stucco. 10. Permitted Exterior Building Materials. Masonry, wood, concrete fiber board (Hardi- Plank or similar materials) or resin based products (fypon). 11. Plat. The subdivision plat or plats for the Real Estate recorded with the Hamilton County Recorder. Ridgeline. The intersection of two horizontal roof planes, or the angle formed by them, which form the peak of a pitched area. Section 3. Commitments Applicable to the Real Estate. The following commitments are applicable to the Real Estate: lo o Masonry Requirements: A. All homes shall have Masonry on 80% of the first floor, from, sides and rear, exclusive of windows, doors, and garage doors. The basement floor of the rear elevations of homes with walk out basements shall constitute the first floor of the real elevation. Bo The Masonry requirements may be modified by the Developer's Architectural Review Board (the "ARB") for up to 10 of the residences with a Historical Architectural Style. Minimum Square Footage: A. One-story homes shall have minimum finished living area of 2,400 square feet, including finished basements but excluding garages, porches, and any unfinished area. Bo Two-story homes shall have a minimum living area of 3,000 square feet, including finished basements, but excluding garages, basements, porches, and any unfinished area. o . 5, Go . o Permitted Exterior Building Materials: A. Permitted Exterior Building Materials shall be used in all exterior areas other than windows, doors, garage doors, and roofs. Vinyl siding and aluminum siding are prohibited as exterior building materials. Declaration of Covenants and Homeowners Association: In connection with the development of the Real Estate, a Declaration of Covenants shall be recorded, and a Homeowners Association shall be established. Roof Pitch: The roof pitch off the main roofline shall be a minimum of 5:12 (5 vertical to 12 horizontal), from front to back. Ancillary roofs such as porches, bays or walkways may be less than the minimum requirement. Roof Ridgeline: A. A one-story home shall have a minimum of three (3) ridgelines; provided, however, that when fewer is consistent with a Historical Architectural Style, a minimum of two (2) ridgelines shall be permitted. Be A two-story home shall have a minimum of three (3) ridgelines; provided, however, that when fewer is consistent with a Historical Architectural Style, a minimum of two (2) ridgelines shall be permitted. Co Ridgelines shall only be considered if they are horizontal ridges which form the peak of a pitched area. Covered and enclosed porches shall count as a ridgeline. Comer Breaks: A. Each home shall have a minimum of three (3) comer breaks on the front and rear elevations. The exterior comers of a covered porch, the outermost comers of the home, and a projection with a height of no less than six feet (6') shall count toward this requirement. Miscellaneous A. All new home, landscaping and exterior color plans must be approved by the ARB prior to beginning construction. B. All driveways shall be concrete unless otherwise approved by the ARB. C. Uniform mailboxes, as determined by the ARB, shall be required. D. Dusk to dawn yard lights or garage mounted coach lights shall be required in a uniform location, as determined by the ARB. Section 4. Bindin~ on Successors These Commitments are binding on the Developer, each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. These Commitments may be modified or terminated only by a decision of the Commission after a public hearing wherein notice as provided by the roles of the Plan Commission has been made. The provisions of this Section 4 notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate hereafter reclassified (rezoned) on the City of Carmel's Official Zone Map. Section 5. Effective Date The Commitments contained herein shall be effective upon the occurrence of all of the following events: . The granting of the primary plat approval and subdivision waivers (collectively the "Approvals") requested by ILD; and . The commencement of the development of the Real Estate in accordance with the Approvals. Section 6. Recordin~ The undersigned hereby authorizes the Secretary of the Commission Commitments in the Office of the Recorder of Hamilton County, Indiana. to record these Section 7. Enforcement These Commitments may be enforced by the City of Carmel, Indiana and any property owner within the Real Estate. IN WITNESS WHEREOF, DEVELOPER has caused these Commitments to be executed as of the date first written above. INDIANA LAND DEVELOPMENT CORPORATION By: Paul Shoopman, President STATE OF INDIANA COUNTY OF MARION ) ) SS: ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared Paul Shoopman, Presidem of Indiana Land Development Corporation, and having been duly sworn, acknowledged execution of the foregoing Commitments. Witness my hand and Notarial Seal this day of ,2005. My Commission Expires: Notary Public Residing in County Printed Name Prepared By: Charles D. Frankenberger, Nelson & Frankenberger, 3105 East 98th Street, Suite 170, Indianapolis, Indiana 46280 (317) 844-0106. HAJanet\ILD\l 21 ~-Filo\Architectuml Commitments 062405.doc EXHIBIT "A" LeRal Description The Northeast Quarter of the Southeast Quarter of Section 31, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, containing 38.86 acres, more or less. HSJanet\lLD\l 21 -Filo~Architectural Commitments 062405.doc $400,000 tO $600,000 ............................... ~:,, .................................... ~ ?,, ~::~iZ~tlliilllllllt[llill]. h~lllhllliiillll, II1 fi flfll~llllllimll It mltlflllllllltm IUl~lllll ~ FRON~F ELEVAT I~EAR [LEVAT I©N 1/4" : R GHT ELEVATION LF_FT ELF_VAT t Oi~l FRONT F,LEVATION ELF_VAT ION 56^L£ - 1/4" ' !'-0' RIGHT ELEVATION LEFT ELEVATION i i I i i ! ! ! ! It Il ~--FRONT ELEVATI~ REAR ELEVATION~ ELEVATION FHIAL SRAWING$ APPROVED FOR CONSTRUCTION PEK: K~LLY MOUSE DATE: 00-09-3000 SCALE - i/4" = 1'-0" : ~LEFT ELEV~TION_~~ F_rNAL DRAWINGS PF2: KE LL~' ~qOUSE DATE: 00-00-0000 SCALE - 1/4" zo/2~/o3 £LEVAT I 0 N " B " ~ FRONT ELEVAT I ON_N~__~ REAR ELEVATION_~~ FINAL DRA~ INGS APPROVED FOR CONSTRUCTION __ KELLY HOUSE PER: L __ XX-YJ(- XXXX DAq~: 10/23/03 ~_~RtGHT ELEVATION LEFT ELEVATION____~ ~.P?ROVED ~OR CONSTRUCTIO~I KELLY HOUSE PER: xx xx ~'iX~ DATE: SCALE - i/~." = 1'-0" ].0/23/03 REAR F_LEVt, T ION SIDE ELEVATION SI~E ELEVATION SCALE - !/4" : ~IEON¥ ELEV,~T iON RE.,AR ~LE~/AT ION 1/4' SIDE ELEVATION S:DE ELEVATION $600,000 to $800,000 II IIII I FRONIT ELEVATION ~^i[ - 114' : 1'-0' SII~E ELEVATION SI]ALI - I/,~' : 1'-0' $800,000 tO $1,000,000 REAR ELEVATION FRONT F~LEVAT ION APPROYBD PO~ COHSTRUCTI~H g^l~: 51~51~4 5[ALE - 114': ~f-, ....... SIDE ELEVATION IF~ONT ~L~VAT~ON [REAR ]ELEVATION] R~OHT ~[D~E F_,LIEVAT~ONI 09/03/2003