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HomeMy WebLinkAboutPacket 6-10-05CARMEL, INDIANA YORKTOWN WOODS PRIMARY PLAT APPROVAL AND SUBDIVSION WAIVER 12.4 Acres on the east side of Keystone Avenue and north of 136th Street Docket No. 05050005 PP City of Carmel Plan Commission - June 21, 2005 Applicant: MHE Development, LLC Attention: Bob Ellis Phone' 370-5631 Attorney: Charles D. Frankenberger NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 Telephone: (317) 844-0106 TABLE OF CONTENTS 1. Explanation 2. Aerial o o Colored rendering of plat Tree preservation plan 5. Primary Plat 6. Commitments o Some examples of possible homes 8. Interconnectivity exhibit H 5Janet~MHE\Carmei Primary Plat\TOC-PC 062105.doc Explanation MHE Development, LLC is the contract purchaser of approximately 12.4 acres of real estate. The 12.4 acres is outlined on the aerial photograph included as Exhibit 2. As indicated, it is located north of 136th Street, and it entire western boundary line fronts U.S. 431. It is currently zoned R-l (Residence District), and is occupied by a landscape business and a rented residence. MHE has filed requests needed to develop the real estate into 44 lots. The rendering of the primary plat is included as Exhibit 3. The open space required is 20%, representing approximately 2.5 acres. The open space provided is 39%, representing 4.84 acres. The Residential Open Space Ordinance permits the clearing of 30% of young woodlands.. To permit the clearing of 45% of young woodlands, MHE has filed a request for a subdivision waiver. It is noteworthy, however, that no waivers are requested with respect to the clearing of mature woodlands a scrub woodlands and, with respect to the young woodlands, MHE is reforesting .38 acres. Other exhibits contained in this brochure are as follows: Tree Preservation Plan - The tree preservation plan is included as Exhibit 4. Yorktown Woods has been designed around tree preservation. · Primary Plat- A reduction of the primary plat is included as Exhibit 5. · Commitments - Architectural commitments are included as Exhibit 6. · Home Illustrations - Sample illustrations of possible residences are included as Exhibit 7. lnterconnectivity Exhibit - As indicated on the aerial photograph, a large parcel of real estate located north and east of Keystone Avenue, south of Foster Estates, and west of Smokey Ridge remains unimproved. Anticipating development of this large parcel, street stubs were required as part of the approval of the surrounding subdivisions. To illustrate the manner in which this area may interconnect once developed, Exhibit 8 is included. The homes on this transitional 12.4 acres will be upscale. It is expected that the price range will be from $350,000.00 to $450,000.00. We look forward to presenting this matter to you on June 21, 2005. Respectfully submitted, Charles D. Frankenberger H:~Janet~MHE\Carmel Primary Plat\Explanation-PC 062105.doc ¥o~etow~ woor)s ~[~1~1~ ~E ~eW~O~eN~, ~C 14000 ~YS~ONE A~NUE (APPRO~MATE) ~"l~], I ~ 55 MONUMENT CIRCLE SUITE 201 AERIAL MAP YORKTOWN WOODS L ~ ~ .~ MHE DEVELOPMENT, LLC 14000 KEYSTONE AVENUE {APPROXIMATE) [ri, ~ ~ ~ 14~0 KEYS~'ONE AVENUE (~PROXI~TE CA~EL, INDI~A J[ [ J.. ['"~ INDIANAmMS, IND~NA 46204 ~DSC~E ~D T~E P~SERVATION PL~ ~ o ~ DEVELOPMENT SUMMARY \ CURRENT ZONING = R1 TOTAL LOTS= 33 '"~,~ TOTAL OPENSPACE= 4,84 ACRES PD =2.90 x (1 +1,5(0.39-0.20)) AREA MAP .~osE~ ~[NSr~ : 2.66 UN,m/ACR~ EXISTING TREE SURVEY CONSTRUCTION SEQUENCE SUMMARY TREE PRESERVATION TECHNIQUES TREE PRESERVATION PLAN 0.95 AC~[S TOTAL DEVELOPER: ,. ~: c,,.~m~ ,,~ .~,~ ~ ,,,'~'~;~',~'-,,, ~ ~'1~ '**',-.. ~?-. ~ ~o ~u~ ENGINEER: ~ ~ ~ ~ ~ SURVEYOR: :MOA=IAMN$ :M3~NI~)N~ :~13dO93A_-3a SC[OOA~ NA~O.LMMOA :MOM, J~Vqd AMVI~MH AaVl~lflns 1N3fldO93A30 ..: ~ NOtJ. Y'JOq ]t - '~,,~ S3flVN 133MIS ........ 3J.YNM31'IV COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE MHE Development, LLC ("MHE") makes the following commitments ("Commitments") to the Plan Commission (the "Commission") of the City of Carmel, Indiana: 1. Description of Real Estate. Estate"). The real estate is legally described on Exhibit A (the "Real . Docket Number. The Docket Number is 05050005 PP, under which primary plat approval was granted, subject to and conditioned upon compliance with these Commitments. 3. Definitions. "Association" shall mean and refer to the Indiana Non-Profit Corporation which the Developer incorporates as required by the Covenants. Be The "Builder" shall mean and .refer to any person or entity which builds a residence upon the Real Estate. C. The "Committee" shall mean and refer to the Architectural Review Committee established by the Covenants. De The "Covenants" shall mean and refer to the Declaration of Covenants, Conditions, and Restrictions which, in connection with the Real Estate, the Developer prepares and causes to be recorded with the Recorder of Hamilton County, Indiana. Fo "Developer" shall mean and refer to MHE and its successors and assigns. O. An "Owner" shall mean and refer to a person or emity to which the Developer or a Builder conveys a lot and which imends to occupy a single-family residence to be constructed on a lot. He "Tree Preservation Area" shall mean and refer to the Tree Preservation Area identified on the drawing attached hereto and incorporated herein by reference as Exhibit "B". Architectural Standards. The following architectural standards shall be required and applicable to all residences constructed upon the Real Estate: Ao Brick, stone, cultured stone, EIFS and/or stucco shall be required on the exterior of the first floor of all residences, except historical architectural styles such as cape cods and salt boxes. Brick, wood or composite siding materials are permitted on levels above the first floor. Be Exterior materials are limited to brick, wood, natural stone, stucco, EIFS, cultured stohe and/or concrete fiber (e.g.-Hardy Plank or similar product). Aluminum siding or vinyl siding are prohibited, but vinyl clad windows and/or soffits are permitted. Co Windows will appear on at least three (3) sides, with the front being one of the three (3) required sides. In the event that a fourth side does not have a window, it shall have at least two (2) architectural breaks, such as a chimey or other comer break. The outermost comers of the dwelling shall not be counted as architectural breaks to meet this requirement. D. A standard street address stone, selected by the Developer, shall be installed and purchased by the Owner and/or Builder. Eo A standard mailbox and post, selected by the Developer, will be installed by Developer's vendor and purchased by the Owner and/or Builder. Fe Each residence shall have a 12 inch eave and overhang. In certain limited instances, the Committee may consider and approve a smaller eave and overhang, but not less than 8 inches in dimension. G, Chimneys occurring on the perimeter of the house will be constructed of brick, stone or stucco. No wood chases will be permitted. Ho Concrete driveways are required. Concrete or brick pavers may be permitted with Committee approval. Exterior color selection shall be submitted and approved by the Committee prior to exterior materials being installed. Acceptable colors shall be generally defined as the earth tones and other traditional colors. -2- J, Ko Lo Mo No Oo Po Qo Re The minimum roof pitch on the main roof of each residence shall be 6 horizontal to 12 vertical (6:12). The roof pitch may be less on porches, bump outs, dormers, and gables. Roofing shall be of architectural grade shingles that have greater texture than standard 3-tab shingles. Cedar shake roofing shall also be permitted. Copper and metal roofing shall be permitted with Committee approval. A standard 70-watt dusk-to-dawn pole yard light or garage mounted carriage light, selected by the Developer, shall be installed by Owner and/or Builder and purchased by the Owner and/or Builder. Whenever a single house design is used repeatedly, materials and details of the major facade elements shall be varied from lot to lot. In general, design elements and detailing shall be continued completely around the structure. Such design elements shall include, but are not limited to, windows, window placement, trim detail and exterior wall materials. Long, massive, unbroken exterior building walls shall be avoided. Various lengths and heights of ridges shall be encouraged by the Committee for diversity of elevations. Certain historical designs or elevations, such as cape cods or salt boxes, may contain only one main ridgeline per rectangular living area. Basement foundations will be constructed of poured concrete. Crawl space foundations and/or garage foundations may be poured wall or concrete block construction. All homes shall have basements. Equipment vents are~to be located to be minimally visible from the street frontage and will be color coded to match the trim or roofing materials. Before commencing construction, the Owner and/or Builder will submit to the Committee a landscape plan and obtain Committee approval of the plan. This plan shall address all yards; however, the front yard must contain the following: One (1) tree, measuring at least 2-1/2 inch in caliper at the time of installation, located in the front yard; For comer lots, two (2) trees (one for each frontage), measuring at least 2- 1/2 inch in caliper at the time of installation; -3- Se e 7t Twenty (20) shrubs, the proposed size of which is to be specified on the plan submitted to the Committee; and All trees to be of a specie listed on the "Approved Plant Materials List" supplied by Developer and/or the Committee. St All residences shall have a minimum of two thousand (2,000) square feet of finished living space. Tree Conservation Area. Except as noted immediately below, each Builder and/or Developer shall endeavor to conserve trees within the Tree Preservation Area. Except as noted immediately below, the Developer, any Builder, any Owner, and the Association shall not remove trees within the Tree Preservation Area: Ao The clearing of underbrush and dead trees within the Tree Preservation Area shall be allowed; a. The removal of trees necessary for the installation of access easements, rights-of- way, streets, paths, sidewalks, and utilities and drainage improvements and infrastructure within the Tree Preservation Area. Ct Trees may be removed within the Tree Preservation Area as necessary for public health and safety. Binding on Successors and Assigns. After the Effective Date (defined below), these Commitments are binding upon Developer, each subsequent owner of the Real Estate, and 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 made at a public hearing after notice as provided by the Rules of the Commission. Effective Date. The commitments contained herein shall be of no force and effect until the occurrence of all of the following: At The approval of the plat request under Docket Number 05050005 PP; and Bt The acquisition of title to the Real Estate (i) by the Developer, (ii) by Developer's grantee, successor or assign, or (iii) by any person or entity who develops the Real Estate pursuant to the approvals obtained under Docket #05050005 PP; and -4- C. The commencement of the developmem of the Real Estate pursuant to approvals obtained under Docket #05050005 PP. 8, Recording. The undersigned shall record these Commitmems in the Office of the Recorder of Hamilton County, Indiana, upon the occurrence of all events specified in paragraph 7 above. 0 Enforcement. These Commitments may be enforced by the Commission and the City of Carmel and any owner of part or all of the Real Estate. 10. Compliance Confirmation. The Director of the Department of Community Development of the City of Carmel, Indiana, shall, when requested by the owner of the Real Estate, give written assurance, in letter form, that the owner of the Real Estate has or has not complied with these Commitments. EXECUTED this__ day of ,2005. MHE DEVELOPMENT, LLC By: -5- STATE OF INDIANA COUNTY OF HAMILTON ) ) SS: ) BEFORE ME, a Notary Public in and for said County and State, personally appeared , the of MHE Development, LLC, who acknowledged the execution of the foregoing Commitments. WITNESS my hand and Notarial Seal this~ day of ,2005. My Commission Expires: Notary Public - Signature Residing in County Printed Name Prepared By: Charles D. Frankenberger, Nelson & Frankenberger, 3105 East 98th Street, Suite 170, Indianapolis, Indiana 46280. Janet~dVlHE\Carmel Primary Plat\Commitments-RE 060805.doc -6- EXHIBIT "A" Legal Description A part of the North Half of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, more particularly described as follows: Beginning North 89 degrees 14 minutes 55 seconds East, 1440.16 feet East of the Northwest comer of said North Half of the Southwest Quarter of Section 19, Township 18 North, Range 4 East at a point on the East right of way line of State Road #431 and on the North line thereof; thence continuing North 89 degrees 14 minutes 55 seconds East on and along the North line of said Quarter Section 1110.33 feet to a round stone; thence South 00 degrees 16 minutes 40 seconds East 623.00 feet to an existing iron pipe and the North right of way line of the abandoned Traction Company right of way; thence South 65 degrees 37 minutes 15 seconds West 422.90 feet on and along the North line of said abandoned right of way line to the Easterly right of way of State Road #431; thence North 50 degrees 39 minutes 55 seconds West 155.25 feet; thence North 44 degrees 00 minutes 05 seconds West 300.00 feet; thence North 42 degrees 16 minutes 55 seconds West 100.04 feet; thence North 45 degrees 35 minutes 10 seconds West 108.44 feet; thence in a Northwesterly direction 189.93 feet along an arc deflecting to the right and having a radius of 5679.6 feet and subtended by a long chord having a bearing of 43 degrees 02 minutes 35 seconds West and a length of 189.93 feet; thence North 34 degrees 48 minutes 35 seconds West 219.31 feet to the North line of said Southwest Quarter and the place of beginning. EXCEPT that real estate conveyed to Board of Commissioners of Hamilton County per Warranty Deed recorded as Instrument #200100073740 in the Office of the Recorder of Hamilton County, Indiana. Containing after said exception 12.40 acres, more or less. Subject to and Easement for water lines granted to The City of Carmel by instrument recorded July 3 1, 1985, in Book 3, Pages 39-41 as Instrument No. 85-10715 in the Office of the Recorder of Hamilton County, Indiana. Subject to an Easement for utilities granted to The City of Cannel. Indiana, an Indiana Municipal Corporation by Instrument recorded July 3, 2003, as Instrument No. 2003-64122 in the Office of the Recorder of Hamilton County, Indiana. Subject to all other legal easements and rights of way of record. Janet~lHE\Carmel Primary Plat\Commitments-RE 060805.doc -7- YORKTOWN WOODs ll]~[i[lJ MHE DEVELOPMENT, LLC 14000 KEY~ONE AVENUE (APPROXIMATE) I[-']~[~[~ 55 MONUMENT CIRCLE SUITE 201 C^~MEL,~NDI^N~ ] I~l''