HomeMy WebLinkAboutPacket 7-19-05CARMEL, 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 - July 19, 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 photographs
3. Colored rendering of plat
o
Tree preservation plan
5. Primary Plat
6. Commitments
,,
Some examples of possible homes
o
Interconnectivity exhibit
HSJanetWIHE\Carmel Primary Plat\TOC-PC 07 ! 905.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, the entire western
boundary of this transitional site fronts U.S. 431. It is currently zoned R-1 (Residence District), and is
occupied by a landscape business and a rented residence.
To recap, MHE has requested approvals needed to develop the real estate into a residential
community to be known as Yorktown Woods, containing 33 lots and common areas. 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. As
discussed du_.ri.'ng Plan Commission and Subdivision Committee, however, 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.
lnterconnectivi _ty 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 12.4 acres will be upscale, providing desirable transition and buffering from
the heavily traveled Keystone corridor. It is expected that the price range will be from $350,000.00 to
$450,000.00.
We look forward to reviewing this matter with you on July 19, 2005.
Respectfully submitted,
Charles D. Fra-nkenberger '~
HAJanetLMHE\Carmel Primary Plat~Explanation-PC 071905.doc
TREE PRESERVATION
EX~SllNG POND TOREMAIN
~ROUND COVER
LOTS
ASPHALT
~ AFOR ESTATION/REFO R ESTATION
AREA MAP
EXISTING TREE SURVEY
DEVELOPMENT
SUMMARY
CURRD~ ZONI{',~ ~ R~
TOTAt. ID'rs ~ 2~
TOTAL SPCE AREA = ~ ~
BD = ~9
CONSTRUCTION SEQUENCE SUMMARY
TREE PRESERVATION TECHNIQUES
TREE PRESERVATION PLAN
Existing Pond
ALTERNATE
STREET NAMES
2m)300064122
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]YPICAL SIREEI CROSS SECHON
NOT lt) ~L[
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Br FnB2
m % ~ MmB2
SO(LS MAP
SCALE 1':~00'
LEGEND
AREA LOCATION MAP
SCALE: 1": 2000'
DEVELOPMENT SUMMARY
TOTAL SITE AREA - 12 40 +,- ACRES
TOTAl LOTS = 33
113 LOTS- APPROXIMATE MIN SIZE EO'x
PROPOSED DENSITY = 33~12 40 = 266-~ UNITS,ACRE
PERMITTED DENSITY = 4 lq UNITS/ACRE
ISEE OPEN SPACE ~L~N)
TOTAL COMMON AREA'OPEN SP~CE ~ 4 ~ +'- ACRES
OPEN SPACE PERCENTAGE: (4 84112 40)x1~ =
SUBJECT PARCEL ZONING ~ RI {RESIDENCE D[STR~T)
PRIMARY P~T FOR:
~,~;:.5 YORKTOWN WOODS
--~ ;:,": DEVELOPER:
."" ;~:: ENGINEER:
/Q/~-"¢, ' SURVEYOR: ..
2J4 SOUTH FRANKLIN RD., INDIANAPOLIS, mND)ANA 46219
317/353-6161
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DWN BY: JOB
CHKD. BY:
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CEC PROJECT NUMBER
050318
D~WING NUMBE~
P~.0
SHEET 1 OF I
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:
lo
.
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.
B,
The "Builder" shall mean and refer to any person or entity which builds a
residence upon the Real Estate.
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The "Committee" shall mean and refer to the Architectural Review Committee
established by the Covenants.
D,
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.
F. "Developer" shall mean and refer to MHE and its successors and assigns.
G.
An "Owner" shall mean and refer to a person or entity to which the Developer or
a Builder conveys a lot and which intends 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".
1
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
stone 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.
C.
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.
Di
A standard street address stone, selected by the Developer, shall be installed and
purchased by the Owner and/or Builder.
E,
A standard mailbox and post, selected by the Developer, will be installed by
Developer's vendor and purchased by the Owner and/or Builder.
F,
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.
Go
Chimeys occurring on the perimeter of the house will be constructed of brick,
stone or stucco. No wood chases will be permitted.
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.
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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;
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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.
Se
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:
mo
The clearing of underbrush and dead trees within the Tree Preservation Area
shall be allowed;
Bo
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.
C.
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:
mo
The approval of the plat request under Docket Number 05050005 PP; and
Bo
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
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The commencement of the development of the Real Estate pursuant to approvals
obtained under Docket//05050005 PP.
Recording. The undersigned shall record these Commitments in the Office of the
Recorder of Hamilton County, Indiana, upon the occurrence of all events specified in
paragraph 7 above.
10.
Enforcement. These Commitments may be enforced by the Commission and the City of
Cannel and any owner of part or all of the Real Estate.
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:
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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
Primed Name
Prepared By: Charles D. Frankenberger, Nelson & Frankenberger, 3105 East 98th Street,
Suite 170, Indianapolis, Indiana 46280.
JanetXMHE\Carmel Primary Plat\Commitments-RE 060805.doc
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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 Carmel. 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\MHE\Carmel Primary Plat\Commitments-RE 060805.doc
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