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DUKE CONSTRUCTION COMMITMENTS
ATTENDANT TO
DOCKET NO. 04050028DP/ADLS:
WEST CARMEL MARKETPLACE DEVELOPMENT PLAN AND ADLS
AMENDED
Conditioned on Plan Commission approval of Docket No. 04050028DP/ADLS (West
Carmel Marketplace), the Petitioner Duke Construction Limited Partnership sets forth to the
following commitments to be made as part of the Development Plan and ADLS Approval. In
addition to the commitments contained in the Application and Plans and Specifications submitted
in support of the Application, Petitioner commits to the following:
1. Anchor tenant wall signage shall be limited to the colors of white, blue, green or
bronze, such signage not to exceed 225 square feet and letters no larger than 4
feet. Such color standards shall not apply to corporate logos, provided such logos
do not exceed 25% of the wall sign area for the tenant. All wall signs for the B
Shop buildings will be white face-lit signs with dark bronze returns and shall
comply with ordinance size standards. Wall signs oriented to Commerce Drive
and Retail Parkway shall be prohibited. Window signs shall be prohibited. All
ground signs shall consist of white or bronze lettering on a cream opaque
background. No tenant shall be listed on more than one (1) ground sign. Ground
signs at Retail Parkway/Michigan Road and 99th Street/Michigan Road shall be
limited to 245 square feet, with a maximum height of 14' 10". The ground sign at
Retail Parkway/Commerce Drive shall be limited to 53 square feet, with a
maximum height of7'9". No single tenant shall occupy more than 50% of sign
type "A" (ground signs at Retail ParkwayIMichigan Road and at 99th
Street/Michigan Road).
2. All buildings within the development, including Block G, shall follow the
architectural theme established in the building elevations submitted under date of
September 9, 2004.
3. Landscaping plantings along the common property lines with Ashbrooke, Spring
Arbor and North Augusta neighborhoods shall be installed as shown on the
Landscape Plan submitted under date of September 9,2004.
4. Additionally, as to the Ashbrooke neighborhood association ("Ashbrooke):
a. Petitioner shall provide reimbursement to Ashbrooke for a fence if
approved (a variance is necessary) in the Ashbrooke common area along
Commerce Drive of wood board on board at an approximate length of 500
feet, in addition to additional funds agreed upon between Petitioner and
the Ashbrooke Board for landscaping. Alternatively, if the variance for
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the fence is not approved, Petitioner shall pay Ashbrooke an amount equal
to the fence estimate approved by the parties, such funds to be used for
landscaping in the Ashbrooke common area.
b. Additionally, six evergreen trees (a variety of to be chosen by Petitioner of
Norway Spruce, White Spruce, White Fir, or Eastern Red Cedar, at agreed
upon locations where existing foliage is most sparse), shall be paid for and
planted by Petitioner to screen the homeowners whose rear yard abut
Petitioner's northern most retention pond east of Commerce Drive.
5.
Regarding the Spring Arbor neighborhood, in addition to the Landscape Plan as
submitted, Petitioner and the Spring Arbor Board have agreed that Petitioner will
fund additional landscaping at the perimeter of the detention area abutting Spring
Arbor. Specifically, Petitioner will plant a variety of tree species chosn from
Norway Spruce, White Spruce, White Fir, or Eastern Red Cedar. Thirty-two such
trees will be planted on the Petitioner's detention area abutting Spring Arbor
where existing foliage is the most sparse in consultation with the Spring Arbor
Board at the time of planting. Additionally, with the remaining funds as agreed,
additional trees of the same species will be purchased by Petitioner to be planted
within the Spring Arbor common area abutting the detention area of the project.
The size, number and responsibility for planting will be determined by
maximizing the value in consultation with Spring Arbor Board.
6.
Regarding the North Augusta neighborhood,- Petitioner will plant the plantings
indicated on Landscape Plan with the focus being on construction of a consistent
and material landscape buffer and screening between the project and North
Augusta.
7.
Petitioner agrees that, in consideration of the Plan Commission recommending to
the Board of Zoning Appeals that a variance of the requirement restricting access
to Michigan Road be granted, the curb cut connecting 99th Street to Michigan
Road will not be opened until site plan approval of Block G is obtained from the
Commission. Until the curb cut between 99th Street and Michigan Road is open,
Petitioner's sole access to Michigan Road be limited to a right in fright out curb
cut as shown on the site plan. Additionally, Petitioner will dedicate all necessary
right-of-way relative to 99th Street and a portion of Commerce Drive extension
consistent with the Memorandum of Understanding between Petitioner, and it will
work with INDOT on Michigan Road design in accordance with its requirements.
8.
These commitments are binding on the owner of the real estate and each
subsequent owner of the real estate and persons acquiring interest in the real
estate following approval of the pending applications unless the commitments are
modified or terminated by the governmental authority authorized to make such
modification.
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