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Packet 7-19-05
CARMEL, INDIANA ABNEY GLEN PRIMARY PLAT APPROVAL AND SUBDIVSION WAIVERS 39 Acres on Southwest Corner of 121~t and Shelbourne Docket No. 05040012 PP City of Carmel Plan Commission - July 19, 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 Ii , o , . . o o o Explanation Aerial Photograph (a) Current conditions (b) Regional context Plat rendering Shelboume Road landscape illustration Tree preservation plan (a) Rendering (b) Detailed drawing Landscape plan Floodway area delineation Commitments 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 H:kJanet\lLD\l 2 ~t I -Filo\TOC-PC 071905.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 were then referred to the Subdivision Committee on June 7, 2005, and returned to Subdivision Committee on July 5, 2005. At the conclusion of the second Subdivision Committee meeting, we were returned to the Plan Commission with a favorable recommendation with respect to both the primary plat and the three subdivision waivers. 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: Plat Rendering - Enclosed as Exhibit 3 is a colored rendering of the plat. Regarding this, the following are noteworthy: (a) Further to frontage place requirements, the fronts of residences on Lots 1 and Lots 12 through 16 will face 121 st Street, and the fronts of residences on Lots 22 through 25 will face outward toward the intersection of 126th Street and Shelboume Road. (b) Further to suggestions received at the first Subdivision Committee meeting, one of the subdivision entrances on 121 st Street has been replaced by a driveway servicing only Lot 15 and Lot 16. (c) A subdivision waiver is requested to permit the sides of residences on Lots 21, 26, and 30 to not face Shelbourne Road. In this regard, the landscaping along Shelboume Road exceeds what is required, and the residences will be upscale. The landscaping treatment along Shelbourne Road is illustrated in Exhibit 4. (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 southern boundaries. . Tree Preservation Plan- The tree preservation plan is included as Exhibit 5. Both a rendering and a detailed drawing are included. These illustrate the significant tree preservation. . Landscape Plan - The landscape plan is included as Exhibit 6. This illustrates, in greater detail, the landscaping identified on the Plat Rendering included as Exhibit 3. , Floodway. We have requested a waiver to permit floodway to exist on certain lots adjacem to Long Branch Creek. The area of the floodway, identified by blue lines, is included as Exhibit 7. As indicated, the floodway will not encroach on any building pads. 5. Commitments. The written commitments are included as Exhibit 8. Revisions since second Subdivision Committee - Since the second Subdivision Committee meeting, additional revisions were incorporated into the proposal. These include the following: (a) The southern base of the cul-de-loop, located south of Long Branch Creek, was moved 2.5 feet north; .~ (b) Additional trees were planted at the southern base of the cul-de-loop, providing additional buffering. These are reflected on the landscape plan included as Exhibit 6; (c) To further provide buffering south of the cul-de-loop, Indiana Land Development agreed to plant additional trees on two adjacent lots within Long Branch Estates. These, too, are shown on the Landscape Plan; (d) The commitments were revised to include the following additional provisions: · Additional architectural requirements were added for the side elevations of all residences; · A tree preservation commitment was included, requiring tree preservation within the tree preservation areas indicated in Exhibit 5; · Finally, the commitments were revised to require a 3' difference in height between the asphalt pavement along the southern base of the cul-de-loop and the level of the grade at the foundation of the residences on Lots 80 and 81 to the south in Long Branch Estates. . Types of Residences - Examples of the types of residences to be built in Abney Glen are included as Exhibit 9. 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 $1,000,000.00. We look forward to reviewing this with to you on July 19, 2005. Respectfully submitted, Charles D. Frankenberger HSJanct~lndiana Land Dev\Carmel-121st Street Fiio~Explanation-PC 071705.doc REGIONAL CONTEXT ~11 , OF .__~- ....... IND!ANA APPROXIMATE LOCATION~F SiGN ABNEY GL CITY OF C/'~,Rh1E! INDANA EN 07,07 0$ # A B N E Y G L E N CITY OF CARMEL, INDIANA BUFFE~. iN EXCESS OF >GiTY' OF CARMEL REQUIRED SiGN TYR as shown due~O utilities, engineering or surveyor requirement, the tree~' will be pJanted e!se where on the property. ~5' TREE PRES REA A NEY GL EN ~;IGN LOCATION 'J 315.82' ~U. ~o~c-r c-rncc-r $89°39'45"XY¢ 25 COMMON 12 13 14 15 16 26.921 S.F. 1 24 j JJ H 10 9 B ~7 · 18 23 2 22 19 J 4 5 6 7 20 PARK AREA 21 29,528 28 27 26 Best Mana,qement Practices for inclusion on enciinee~d drawincjs: ~~~I~~ ~preservati°n z°nes shall be fert~J'zed bef°re c°nstructi°n begins t° increase their i~ ~ll~ ~ vigor. This will increase their ability to handle stress from construction. ~ Iii , ~' t' ~6 762 ~. p . .. -, ......... o.,, ./, ~ '? - ~.~,~, ~ . ......... SIGN LOCATION ZONING All site contractors shall meet with the Consulting Arl~rJst at the site prior to beginning work to review ail work procedures, access and haul routes, and tre~ pr°tecti°n measures' Tree protection fencing shall be installed at the drJplil~e (where possible) of the trees in the buffer zone and proper '"rree Preservation Zone" signs affixJ~d. Dudn.q Construction: Any damage to trees shall be reported to the Consugi~g Arborist within 6 hours so that remedial action can be taken. Timeliness is critical to tree he_~l~h. No materials, spoil, washout water, waste or equipment, (especially concrete equipment and tools) shall be deposited, stored, or parked within the tree brotection zone (fenced area). Overdig from the building foundation shall not be placed within the tree protection zone, either temporarily or permanently. It is suggested that the §poll be placed in a space away from the trees. The preserved trees should be irrigated so that they Will receive 1-1.5 inches of water per week during extreme dry periods and as is feasible. If at all possible underground utilities, downspouts o: irrigation lines and landscape lighting shall be routed outside the tree protection zone. There is to be no parking or equipment storage of any kind within the tree protective zone. Post Construction recommendations: · All trees shall have a post-construction evaluation performed by a qualified arbonst to determine any remedial actions necessary to maintain tree health. · Vertical mulching, or soil remediation with a grow gun may be necessary, for any trees within 20 feet of construction activities. Especially those with any compacted soils or altered drainages. · Regular mulching for any trees in the tree protection areas is recommended for trees that do not have regular leaf litter anymore. The mulch will give the trees optimal conditions for their roots to recover from the stress of construction. TREE PRESERVATION AREA Tree Preservation Plan ABNEY GLEN 'c' TYPE BLF:F[~ i a5' B~ - 5 C~AIV~'NTAL$ O5' BUFP:"~ 'FA~D) I - 9 SlaAD~_ - II OI~N,~A~It~ITAL$ I - 57 $1~Li~ j [ c~v 1 - 13 ~.IDE T~ES - 13 OIL:~AL$ 71 I'O' TTF~ (15' BLIFF~"I;~ YAP. C)) - 15 SI4,AD~ TI~E-~5 - 15 OI;~NZXM~,NTALS $ J BOTAkICAL NAME ~ ~ LftEIOff} Sok~D i I~F"IvlA'q:~S z U ~ j COMMON NAME I BOTANICAL ~a,Ml~ G~'4ERAL I'XC~T_~S: ElY NAMLTON COL.NTT UTILiTES T~E'"N THOSE 'rI;~$ WILL B5 pt. Arm~r~ N89°38'0VE i318,81' NOTE: TOPOGRAP~VC SURVEY PERFORMED BY OTHERS, NOTE: BASW FLOOD ELE VA TIOiV CAL CULA ~[ONS PRO VIDED B Y LAND FFA TER CRO UP. N CORP. ~ [J'~,ND ~U~VE'YiNG SE~V1CES :~60 8 M~diaon Avenue, Suite 109 ~r enwood indiana 46142 Pf~0ne ?917) 885-~00 ¢~x (~17) 885-7076 ~fightSo~ ~m 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 !- Exhibits. Attached hereto and incorporated herein by reference as Exhibit "A" is the legal description of the real estate (the "Real Estate"). Section 2. Definitions. Different words and terms are defined throughout these Commitments and, further, the following definitions shall apply throughout these Commitments: · 1. 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. . Department. The Department of Community Services of the City of Carmel, Indiana. o Developer. Indiana Land Development Corporation, its successors and assigns. ° Historical Architectural St¥!e. 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. . 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. Permitted Exterior Building M'Sterials. Masonry, wood, concrete fiber board (Hardi- Plank or similar materials) or resin based products (fypon). 10. Plat. The subdivision plat or plats for the Real Estate recorded with the Hamilton County Recorder. 11. Ridgeline. The intersection of two horizontal roof planes, or the angle formed by them, which form the peak of a pitched area. Section 3. Architectural Commitments. The following commitments are applicable to the Real Estate' o . Masonr~ Requirements: A. All homes shall have Masonry on 80% of the first floor, front, 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 minimmn finished living area of 2,400 square feet, including finished basements but excluding garages, porches, and any unfinished area. g. 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. 3, . o 6. o ge 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 on 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. Bi 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. Side Elevations: All side elevations for all homes constructed upon the Real Estate shall contain at least two (2) of the following enhancements: Ao B. C. D. E. F. G. Finished space bump out Bay window Decorative trim molding at gutter height Decorative shaped window Varied building planes Accent siding Minimum 12" overhangs o m~ I. J. K. Chimney chase Shutters or window trim on all operating windows Shadow line roof shingles First floor brick wrap 10. Chimney Chases: The exterior siding materials on all chimney chases extending above the gutter line shall be the same as one of the exterior siding materials of the subject residence. 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. Do Dusk to dawn yard lights or garage mounted coach lights shall be required in a uniform location, as determined by the ARB. Section 4. Tree Preservation Commitment. Areas of tree preservation (the "Preservation Areas") are identified on what is attached hereto and incorporated herein by reference as "Exhibit B": . Except as noted immediately below, trees shall not be removed from the tree preservation areas: A. The clearing of underbrush and dead trees shall be allowed; B. The removal of a tree for public health, safety, and welfare shall be allowed; C. The removal of structurally unsound trees shall be allowed; Do The removal of trees required by the Hamilton County Surveyor to be removed shall be allowed; and E. The removal of trees necessary to the installation and/or maintenance of drainage infrastructure shall be allowed. Except as set forth immediately above in paragraph lA, B, C and D in this Section 4, each tree within the Preservation Area which is badly damaged or destroyed and which is greater than 2-1/2" in caliper (measured at 6" above the ground) shall be replaced, within one year, by the person or entity causing such damage or destruction, with trees which are (i) at least 2-1/2" in caliper (measured at 6" above the ground) and (ii) have, in aggregate when added together, a cumulative caliper (measured at 6" above ground) at least equal to the caliper (measured at 6" above the ground) of the damaged or destroyed tree. Any such replacement trees which die within one year of their planting shall promptly be replaced with a substantially similar tree. ,,Section 5. Height Difference. The cul-de-loop, located south of Long Branch Creek and identified on Exhibit "B", shall be installed so that the height of the asphalt pavement along the southern (east-west) segment of the cul-de-loop is at least 3 feet lower than the top of grade at the foundation of the rear elevation of the residences on Lots 80 and 81 in Block 2 of Long Branch Estates located adjacent to and south of the cul-de-loop. Section 6. Binding 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 rules 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 7. Effective Date The Commitments contained herein shall be effective upon the occurrence of all of the following events: o 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 8. Recording The undersigned hereby authorizes the Secretary of the Commission Commitments in the Office of the Recorder of Hamilton County, Indiana. to record these .Section 9. 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, President 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. HSJanet\l LD\I 21St-Filo~Architectural Commitments 070805.doc EXHIBIT "A" Legal 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. H:~Janct~ILD\ 12 l't-Filo~trchitectural Commitments 070805.doc $400,000 to $600 ,000 FR©NT ELEVATI©N RF_AR ELEV'AT ION 1t4' RIG½7 ~LEVA~iON LF_FT F_LRVAT I ON SCALE - 1/4" : ~' ,, FRONT ELEVATION REAR ELEVATION $C^LE - 114' ': I'-~J' RIGHT ELEVATION, ~ '~' ELEVATION FRONT ELEVATION REAR ELEVATION E L E V A T ! 0 N " B " RIGHT ELEVATIO?~~ ~LEFT ELEVATION~_~ .~PPRO'dqZD FOR KELLY ROUSE PER: ~-XiK-XXX2( DATE: ION ~:E,~ ~LEV,&T iON SIDE ELEVATION SIDE ELEVATION 5C^L£ - !14' : F~ONT E[EYAT!ON ! B l SIDE ELEVATiO~ ~IDE ELEVATION $600,000 tO $800 ,000 FRONT ELEVATION . ............. REAR ELEVATION 5CAL£ - 114' $800,000 to $1,000 ,000 I I ~EAI~ ELEVATION FRONT ~LEVATION ! .................................. 5~^L[ - ti4' : I'-¢' ,SIDE ELEVATION ..................................................................................................................................... Ii I I I ! I B . FRONT I P~EA~ ]EL~VAT!ON ,., I~ Iff I~ 09/03/2003 LEFT SIDE ELEVATION [RIGHT SIDE ELEVATION] o9~,~3j