HomeMy WebLinkAboutZ- DRAFT Parkwood Crossing PUD i I
Draft: 8/18/2000
Revised:
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ORDINANCE
NO. Z-
.,. PARKWOOD CROSSING WEST
PLANNED UNIT DEVELOPMENT
DISTRICT
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Ordinance No. Z-
AN ORDINANCE ESTABLISHING THE
PARKWOOD CROSSING WEST
Planned Unit Development District
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the
"Carmel/Clay Zoning Ordinance") provides for the establishment of a Planned Unit
Development District in accordance with the requirements of IC§36-7-4-1500 et seq.; and
WHEREAS,the Carmel Plan Commission(the"Commission")has given a favorable
recommendation to the ordinance set forth herein (the"Ordinance")which establishes the
Parkwood Crossing West Planned Unit Development District (the "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that, pursuant to IC §36-7-4-1500 et seq., it adopts-this
Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance.
Section 1. Applicability of Ordinance. .
Section 1.1. The Official Zoning Map of the City of Carmel and Clay Township, a
part of the Carmel/Clay Zoning Ordinance, is hereby changed to
designate the land described in Exhibit A (the "Real Estate"), as a
Planned Unit Development District to be known as Parkwood
Crossing West.
Section 1.2. Development in the Planned Unit Development District shall be
governed entirely by (i) the provisions of this Ordinance, (ii) those
provisions of the Carmel/Clay Zoning Ordinance specifically
referenced in this Ordinance and in effect on August 18, 2000, and
(iii)the"Commitments Concerning the Development and Use of Real
Estate" attached hereto as Exhibit B (the "Commitments"). In the
event of a conflict between this Ordinance (including the
Commitments) and the Carmel/Clay Zoning Ordinance or the Sign
Ordinance, the provisions of this Ordinance (including the
Commitments) shall apply.
Section 1.3. Any term not defined herein shall have the meaning as set forth in the
Carmel/Clay Zoning Ordinance in effect on August 18, 2000, unless
the context otherwise requires.
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Section 2. Permitted Primary Uses.
A. Day Care Center
B. Office Use, Any Type
C. Restaurant (no Fast Food, Drive-In or Drive-Through Restaurant)
Section 3. Permitted Accessory Uses and Structures. Accessory uses and structures,
subordinate, appropriate and incidental to the above-permitted primary uses, including
supportive services directly related to and in the same building with the primary use and
accessory retail and service commercial uses as permitted below:
Automated Teller Machines (ATMs)
Cafeteria/Deli/Coffee Shop
° Conference Center
Fitness Center -
News Dealers and Newsstands
Office Supplies
Photocopying and Duplicating Services
Accessory uses, or structures, if utilized, shall:
A. have as their primary purpose serving the occupants or employees of the
primary buildings; and,
00 excluding the conference center and fitness center, have a total gross
square footage for all accessory uses which does not exceed ten percent
(10%) of the total gross square footage of all primary buildings in Parkwood
Crossing West.
Section 4. Accessory Parking Plazas. Two parking plazas shall be permitted. Any
parking plaza located on the west half of the Real Estate shall be limited to grade pluspFmr-' O
level and any parking plaza located on the east half of the Real Estate shall be limited to
grade plus two levels.
Section 5. Minimum Parcel Size. The Parkwood Crossing West PUD parcel shall have
a minimum size of twenty(20) acres. This Section 5 does not, however, preclude the sale
or other transfer of any parcel of land within Parkwood Crossing West after the approval
of a DP for the parcel. However, the development of the parcel must still conform to the DP
for Parkwood Crossing West as approved or amended by the Director, and all other
applicable requirements contained in this Ordinance.
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Section 6. Height and Area Requirements.
Section 6.1. Maximum Building Heights. All uses, one hundred (100) feet;
provided, however, no office building or other structure constructed
within 460 feet of the existing (8/18/00) centerline of 96th Street shall
exceed a height of five (5) stories.
' Section 6.2. Minimum Building Height. All uses,fourteen(14)feet, with a minimum
of twelve (12)feet to the lowest eaves for a building with a gable, hip
or gambrel roof.
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Section 6.'t. Minimum Building and Parking Plaza Setbacks. The minimum building
and parking plaza_ etbacks within the Office Building Area shall be as
ows: -a- . et from the existing(8/18/00)centerline of Spring
A_ Mill 'e.•, s twenty(20)feet from the proposed INDOT right-of-way,
is � K G -►. (c)- et from
the existing (8/18/00)centerline of 96th Street.
c'6'-- Sb 'b ' However, no office building shall be constructed within 250 feet of the
col- existing (8/18/00) right-of-way of 96th Street. (Not applicable to the
IBS Outlot Area.) The minimum building setback within the Outlot Area
shall be as follows: (a),ten(10)feetfrom the proposed INDOT/U.S. 31 ,
r ht-of- , and (b) 83.5 feet from the existing (8/18/00) centerline
of 96th Street.
Section 6.4. Minimum Gross Floor Area.
A. All office buildings within the Office Building Area shall have a
minimum of fifteen thousand (15,000) square feet of gross floor area,
excluding the floor area of any basement or any accessory
building(s).
B.D The gross floor area of any building located in the Outlot Area shall
not be less than five thousand (5,000) square feet.
C. Accessory buildings permitted need not meet the minimum floor area
requirement.
Section 6.5. Maximum Parcel Coverage and Density.
A. Maximum Parcel Coverage shall be eighty-five percent (85%).
B. Maximum Floor Area Ratio (F.A.R.) shall be 0:70, with the F.A.R.
being calculated by dividing the total gross floor area of all buildings
on the Real Estate by the area of the Real Estate.
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C. Maximum Gross Leasable Area for all buildings in the Office Building
Area shall be 546,000 square feet; provided, however, if INDOT takes
less than 8.5 acres of the Real Estate for right-of-way purposes, the
permitted Gross Leasable Area for the buildings in the Office Building
Area may be increased at the rate of 6,600 square feet for each acre
of Real Estate not taken by INDOT.
Section 6.6. Architectural Design Requirements.
A. Scale and proportion: All building facades, including doors, windows,
column spacing, and signage shall be designed using the Golden
Section, represented by the ratio 1:1.6 or 1.6:1, as a general
guideline.
B. Suitability of building materials: A minimum of three materials shall be
used for building exteriors from the following list: stone, brick,
architectural precast (panels or detailing), architectural metal panels,
glass, ornamental metal.
C. Building design: All buildings shall be designed with a minimum of
eight external corners, in order to eliminate monotonous box
buildings, unless otherwise approved by the Commission.
D. Roof design: Sloped roofs shall be a maximum of one hundred (100)
feet without a change in roof plane, or gable or dormer. Sloped roofs
shall be either standing seam metal or dimensional shingles.
E. Building penthouses: Building penthouses must be incorporated into
the building facade design, including exterior materials specifications.
Section 7. Landscaping Requirements.
Section 7.1. Landscape Plan. A Landscape Plan shall be submitted to the Plan
Commission for its approval at the same time other plans (i.e.,
architectural design, lighting, parking and signage)are submitted. The
Landscape Plan (1) shall be drawn to scale, including dimensions and
distances; (2) shall delineate all existing and proposed structures,
parking areas, walks, ramps for handicapped, terraces, driveways,
ground and monument signs, lighting standards, steps or other similar
structures; and (3)shall delineate the location, size and description of
all landscape material and the irrigation system for all planting areas.
Landscape treatment for plazas, roads, paths, service and parking
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areas shall be designed as an integral and coordinated part of the
Landscape Plan for Parkwood Crossing West.
Section 7.2. Areas to be Landscaped.
A. Greenbelt:
1. A greenbelt shall be provided along 96th Street and Spring Mill
Road in the Office Building Area and shall be a minimum of
thirty (30) feet in width and landscaped per the requirements
of Section 7.3.
2. The greenbelt areas shall be unoccupied except for plant
material, steps, walks, terraces, bike paths, driveways, lighting
standards, signs and other similar structures (excluding
parking).
B. Planting Strip:
1. There shall be landscaped planting areas located adjacent to
the INDOT/U.S. 31 and 96th Street rights-of-way in the Outlot
Area which shall be a minimum of ten (10) feet in width and
landscaped pursuant to Section 7.3 hereof.
2. These landscaped areas shall be unoccupied except for plant
material, steps, walks, terraces, bike paths, driveways, lighting
standards, signs, and other similar structures (excluding a
private parking area).
C. Planting Adjacent to Buildings:
1. A planting area equal to an area measuring ten (10) feet in
depth shall be installed on all sides of the building(s).
2. Outdoor terraces, sidewalks and driveways may be permitted
in these areas.
3. If an outdoor terrace, sidewalk or driveway cuts into a planting
area, the displaced area shall be an additional area added to
the building perimeter planting.
4. These additional adjacent planting areas need not be
rectangular in shape as long as the required amount of space
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is landscaped. These additional adjacent planting areas may
abut an outdoor terrace area.
D. Total Landscapinq Required: Inclusive of the greenbelts, the planting
strips, the planting adjacent to the building(s) and the planting within
surface parking lots, a minimum of fifteen percent(15%) of Parkwood
Crossing West shall be landscaped.
Section 7.3. Landscaping Standards.
A. Interior Areas. The dimensions, specifications and design of any
planting area or planting median shall be sufficient to protect the
landscaping materials planted therein and to provide for proper
growth. The following minimum widths for interior planting areas shall
be used:
Canopy Trees: 8 feet wide
Ornamental Trees: 7 feet wide
Shrubs (only): 5 feet wide
B. Greenbelt. The greenbelt areas, as designated in Section 7.2.A., shall
include a five to six (5-6) foot undulating earthen berm on which will
be placed eight to ten (8-10) foot tall conifers similar to those placed
along 96th Street east of U.S. 31 and in front of the existing Parkwood
Crossing. Such berm shall extend north along Spring Mill Road a
distance of approximately five hundred (500)feet north of the existing
(8/18/00) centerline of West 96th Street. A sidewalk shall be installed
along the 96th Street frontage south of the berm. Construction of the
berm shall commence contemporaneously with the initial site
development for Parkwood Crossing West and will be finished
contemporaneously with or prior to completion of the first building.
C. Planting Strip. The primary landscaping materials used in the planting
strip areas and adjacent to buildings shall be shade trees, ornamental
trees, shrubs, ground cover, grasses and flowers.A base planting unit
of one hundred (100) linear feet will be designated for the planting
strip areas which includes:
Three (3) shade trees; or,
Five (5) ornamental trees or five (5) conifer trees; and
Fifteen (15) shrubs.
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D. Materials. All plants proposed to be used in accordance with any
landscaping plan shall meet the following specifications:
1. Shade Trees: A minimum trunk diameter of 3 inches at six (6)
inches above the ground line, a minimum height of eight (8)
feet, and a branching height of not less than 1/3 nor more than
1/2 of tree height.
2. Ornamental Trees: A minimum trunk diameter of 2 inches at
six (6) inches above the ground line, a minimum height of
six(6)feet, and a branching height of not less than 1/3 nor more
than 1/ of tree height.
3. Evergreen Trees: A minimum height of eight (8) feet.
4. Deciduous Shrubs: A minimum height of twenty-four (24)
inches, with no less than six (6) main branches upon planting.
5. Evergreen Shrubs: A minimum height and spread of twenty-
four (24) inches.
Section 7.4. Landscaping Installation and Maintenance.
A. Installation. All required landscaping for each phase of the
development shall be installed prior to the issuance of a final
Certificate of Occupancy by the Department. If it is not possible to
install the required landscaping because of weather conditions, the
property owner shall post a bond for an amount equal to the total cost
of the required landscaping prior to the issuance of the final Certificate
of Occupancy.
B. Maintenance. It shall be the responsibility of the owners and their
agents to insure proper maintenance of project landscaping and
retention ponds approved in accordance with the development
requirements specified for this Ordinance. This is to include, but is not
limited to, irrigation and mulching of planting areas, replacing dead,
diseased or overgrown plantings with identical varieties or a suitable
substitute, and keeping the area free of refuse, debris, rank
vegetation and weeds.
C. Changes After Approval. No landscaping which has been approved
by the Commission may later be materially altered, eliminated or
sacrificed, without first obtaining further Commission approval.
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However, minor alterations in landscaping may be approved by the
Director in order to conform to specific site conditions.
D. Inspection. The Director shall have the authority to visit the Real
Estate to inspect the landscaping and check it against the approved
plan on file.
Section 8. Parking Requirements.
A. Efforts to break up large expanses of pavement are to be encouraged by the
interspersing of appropriate planting areas.
B. Direct, articulated pedestrian access shall be provided from the street to the
primary entrance of the building(s).
C. The minimum number of parking spaces required shall be three and one-half
(3 1/2) for each one thousand (1,000) square feet of Gross Leasable Area.
D. There shall be an appropriate number of parking spaces, accessible to the
building(s) and identified as reserved for use by handicapped individuals,
and these spaces shall meet State requirements.
E. Above-grade, structured parking facilities shall have on all sides architectural
features that are compatible with the principal building(s)with which they are
associated.
Section 9. Lighting Requirements.
A. A site lighting plan shall be submitted along with the information on
architectural design, landscaping, parking, signage, and lighting ("ADLS"
approval petition). The site lighting plan shall include the layout, spread and
intensity of all site lighting, including:
1. Parking lot and service/storage area lighting;
2. Architectural display lighting;
3. Security lighting;
4. Lighting of pedestrian ways; and
5. Landscape lighting.
B. All site lighting shall be coordinated throughout the project and be of uniform
design, color and materials.
C. The maximum height of light standards shall not exceed thirty (30)feet high.
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D. All exterior and street area lighting fixtures shall be of the "shoebox" variety
which directs light downward.Any illumination emanating from the Parkwood
Crossing West development shall not exceed 0.1 foot candle at thes.o Th—k i
right-of-way line of West 96th Street.
Section 10. Other Requirements.
Section 10.1 Outside Storage of Refuse. No outside, unenclosed storage of refuse
(whether or not in containers) shall be permitted. All refuse shall be
contained completely within the principal or accessory building(s). Any
accessory structure designed for refuse storage shall be
architecturally compatible with the principal building.
Section 10.2 Loading Berths. No loading or unloading berth or bay shall be visible
from any adjacent residential area.
Section 10.3 Rooftop Mechanical Equipment. Any rooftop mechanical equipment
visible from an adjoining street or highway shall be screened with
suitable walls or fencing.
Section 11. Signs.
A. Office Building Area - Upper Level Signs.
1. Number & Type: The maximum number of Identification Signs
permitted shall be two (2) walls signs for each building.
2. Maximum Sign Area: 90 square feet each.
3. Location: The signs may be located on either the west, north or east
facades.
4. Design: All walls signs shall consist of individual letters.
ipCopy: As per ADLS approval.
6. Illumination: Internal.
7. Sign Permit: Required.
8. Fees: Required.
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B. Office Building Area - Lower Level Signs. 2
1. Number & Type: The maximum number of Identification Signs
permitted shall be two (2) walls signs for each building.
2. Maximum Sign Area: 60 square feet each.
3. Location: The signs may be located on either the west, south or east
facades. The signs may only be located on the first floor facade.
4. Design: All walls signs shall consist of individual letters.
'1. Copy: As per ADLS approval.
6. Illumination: Internal.
7. Sign Permit: Required. /
0.
8. Fees: Required. /./ //
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C. Outlot Area Signs.
17 Number&Type: One(1)ground Identification Sign per business. One
(1) wall sign for each building facade.
2. Maximum Sign Area:
Ground Sign - 60 square feet
Wall Sign - 5% of the facade
Location: As shown on the building elevations and site plan.
4. Design: All wall signs shall consist of individual letters. All ground
signs shall be consistent with the Parkwood Crossing West
I '' Identification Signs.
017 4
Copy: As per ADLS approval.
6. Illumination: Internal or completely shielded.
7. Sign Permit: Required.
8. Fees: Required.
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D. Parkwood Crossing West Identification and Temporary Signs.
1. Number & Type: As approved by an ADLS Sign Program for
Parkwood Crossing West.
Maximum Sign Area: As approved by an ADLS Sign Program for
Parkwood Crossing West.
Maximum Height of Sign: As approved by an ADLS Sign Program for
Parkwood Crossing West.
`4 Location: As approved by an ADLS Sign Program for Parkwood
Crossing West.
5. Design: Signs must comply with the approved architectural scheme
of the complex, and must be of a similar design, lighting and style of
construction.
6. Copy: As per ADLS approval.
7. Illumination: Internal or completely shielded.
8. Landscaping: Sign must be accompanied by a landscaped area at
least equal to the total sign area.
9. Sign Permit: Required.
10. Fees: Required.
E. Other Provisions. Section 25.7.01 -"General Provisions"and 25.7.06-25.7.09
- "Legal Non-Conforming Signs, Sign Permits, Variance, and Administration
and Enforcement" of the Carmel/Clay Township Sign Ordinance Z-302, are
also incorporated by reference.
Section 12. Approval of ADLS.
A. The Plan Commission shall consider an ADLS approval petition for any
building within Parkwood Crossing West.
B. The Plan Commission shall approve the ADLS without conditions or approve
with conditions.
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C. If there is a material alteration in the approved ADLS plans, review and
approval of the amended plans by the Commission shall be made by the
Commission, or a Committee thereof, pursuant to the Commission's rules of
procedure.
D. The ADLS approval request shall be a specific plan consisting of the
architectural design of any buildings, landscaping, lighting, and signage for
a site within the Parkwood Crossing West development.
Section 13. Approval or Denial of the Development Plan.
A. The Plan Commission shall approve a ncept Development Plan (the
"DP") simultaneously with the approval of t is rdinance.
B. The Director shall approve without conditions, approve with conditions, or
disapprove the final DP for any project within Parkwood Crossing West;
provided, however, that the Director shall not unreasonably withhold or delay
his/her approval of a final DP that is in substantial conformance to the
conceptual DP and is in conformance with this Ordinance. If the Director
disapproves the final DP for any project within Parkwood Crossing West, the
Director shall set forth in writing the basis for the disapproval and schedule
the request for approval of the final DP for hearing before the Plan
Commission.
C. An amendment to a final DP which does not alter the use of any land may be
reviewed and approved by the Director.
D. The final DP shall be a specific plan for the development of all or a portion
of the Real Estate that is submitted for approval by the Director showing
proposed facilities and structures, parking, drainage, erosion control, utilities
and building information.
Section 14. Definitions.
A. Gross Leasable Area: The total floor area which is designed for the Tenant's
occupancy and exclusive use.
B. Lower Level Sign: A sign located on a building facade below a height of
twenty-six (26) feet, measured from grade level.
C.7Office Building Area: That part of the Real Estate located more than 620 feet
west of the existing (8/18/00) end point of limited access right-of-way along
U.S. 31.
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D. Outlot Area: That part of the Real Estate located less than 620 feet west of
the existing (8/18/00)end point of limited access right-of-way along U.S. 31.
E. Restaurant: An establishment where food and drink is prepared, served and
consumed primarily within the principal building to the general public. The
establishment may have an outside seating component. The establishment
may have a separate area,.or lounge, where alcoholic beverages are served
without full food service, provided the area is accessory to the primary use
in (1) square ee or (2) sales.
F. Restaurant, Drive-In or Drive-Through: Any restaurant designed to permit or
facilitate the serving of food or beverages directly to, or permitted to be
consumed by, patrons in or on motor vehicles parking or stopped on the
premises.
G. Restaurant, Fast Food: An establishment whose principal business is the
sale of pre-prepared or rapidly prepared food directly to the customer in a
ready-to-consume state for consumption either within the restaurant building,
on-premise or off-premise.
H. Upper Level Sign: A sign located on a building facade above a height of
twenty-six (26) feet, measured from grade level.
Section 15. Violations of Ordinance. All violations of this Ordinance shall be subject to
Section 34.0 of the Carmel/Clay Zoning Ordinance.
(Signature Page Follows)
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PASSED by the Common Council of the City of Carmel, Indiana, this day of
, 2000, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer N.L. Rundle, President
Kevin Kirby John R. Keven
Robert Battreall Luci Snyder
Ronald E. Carter Wayne Wilson
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana, on the day of
, 2000.
Diana L. Cordray, IAMC, Clerk-Treasurer
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Exhibit B
COMMITMENTS CONCERNING THE DEVELOPMENT
AND USE OF REAL ESTATE
In accordance with Indiana Code Section 36-7-4-615, NRC Corp. (hereafter the
"Owner"), the owner of the following described Real Estate located in Hamilton County,
Indiana(hereafter the"Real Estate") makes the following COMMITMENTS concerning the
use and development of the Real Estate to the Carmel/Clay Plan Commission (hereafter
"Commission").
1. Description of Real Estate:
See Exhibit A ("Real Estate") (Parkwood Crossing West PUD)
2. Docket No:
3. Statement of Commitments: Owner makes the following commitments
relating to the Real Estate:
a. Billboards (a/k/a advertising signs for off-premises advertising) or
freestanding elevated signs (a.k.a tall signs or interstate oriented pole
signs) for business identification will not be permitted on the Real
Estate. This does not exclude leasing signs or other identification
signs permitted by the PUD Ordinance.
b. Parkwood Crossing West identification and temporary signs
(excluding wall signs) for the office building area of the development
(all of the Real Estate other than the east 620 feet) shall be similar to
and of a similar design as those in the existing Parkwood Crossing
office development located east of Meridian Street. In addition, an
interstate monument sign identifying Parkwood Crossing West shall
be permitted which may be a maximum of 35 feet tall, 15 feet wide
and 10 feet deep.
c. Owner will use its best efforts to cause the power lines adjacent to the
Real Estate along 96th Street and Spring Mill Road to be placed
underground.
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d. Subject to the approval of the appropriate government agencies, all
right-of-way needed for any widening of 96th Street to allow for the
road improvements suggested in the report of A & F Engineering
dated February, 1999 and submitted as part of the petition for
rezoning of the Real Estate (other than at the intersection of 96th and
Spring Mill Road and the intersection of 96th and Meridian Street)will
be taken from the subject Real Estate and any improvements made
to 96th Street(as suggested by the A& F Report) shall be made within
the existing paving area or north of the existing paving. (Note:
Apparent existing right-of-way on this section of West 96th Street
equals 33 feet. Additional right-of-way required off the north side of
West 96th Street equals 57 feet. Total new right-of-way width on this
section of West 96th Street will equal 90 feet). Arrangements for
providing this additional right-of-way shall be made prior to the
commencement of development. Owner will use its best efforts to
cause an opticom system to be installed with any traffic signals which
are installed as a result of the development of the Real Estate. -
e. Access to the Real Estate will be limited to (1) a full access between
Illinois Street and Kenwood Avenue, and (2) a full access
approximately 430 feet west of Kenwood Avenue. Access to the Real
Estate from Spring Mill Road will not be permitted.
f. Drainage and sanitary sewers and the proposed drainage system,
including retention pond(s) and storm sewers, and the sanitary sewer
lines will be designed and approved by the applicable regulating
agencies sous to not adversely impact the Williams Creek flood plain,
or the existing or future adjacent residential development, or existing
or future sanitary sewer connections in Marion County.
g. Any office buildings constructed on the Real Estate will include a fire
suppression system.
h. Owner commits to architecturally treat the south and west facades of
any parking garage that has unrestricted sight lines to the existing
• neighborhood to the south or to the future neighborhood to be
constructed to the west, such that the appearance of the parking
garage, as viewed from the homes on the south side of 96th Street •
and from any homes which may be constructed on the west side of
Spring Mill Road will be aesthetically improved from that of the
standard parking garage facade.
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Owner commits that any parking area shall be a minimum of 87 feet
from the existing(8/18/00)right-of-way of 96th Street. (Not applicable
to the east 620 feet of the Real Estate).
j. The process to construct the improvements to 96th Street and the
improvements to the intersection of 96th Street and Meridian
(collectively "Improvements"), as suggested in the A&F Engineering
report, will be commenced contemporaneously with the start of the
development of the Real Estate and will be diligently pursued to
completion.
k. Owner commits that the Real Estate shall be developed in compliance
with the Conceptual Site Development Plan attached as Exhibit C,
subject to such amendments and modifications thereto as are
approved by the Commission or the Carmel/Clay Board of Zoning
Appeals.
4. Binding on Successors and Assigns:These Commitments are binding
on the Owner of the Real Estate and each other person acquiring an interest in the
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
or as otherwise provided by IC 36-7-4-615.
5. Effective Date: The Commitments contained herein shall be effective
upon the adoption of an ordinance by the Carmel City Council changing the zoning
classification of the Real Estate described on Exhibit A from the S-2 Residence
District and the B-5 Business District to the Planned Unit Development.
6. Recording: The undersigned hereby authorizes the Director of
Community Development, or the Secretary of the Carmel/Clay Plan Commission,
to record these commitments in the office of the Recorder of Hamilton County,
Indiana upon adoption of the ordinance referred to in paragraph 5 above.
7. Enforcement: These commitments mayy be enforced by the
Carmel/Clay Plan Commission.
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IN WITNESS WHEREOF, Owner has executed this instrument this day of
, 2000.
NRC CORP., an Indiana corporation
By:
Stephen L. Valinet, President
STATE OF INDIANA )
SS:
COUNTY OF MARION )
The undersigned, a Notary Public in and for said County and State, acknowledged
the execution of the foregoing commitments by Stephen L. Valinet, the President of NRC
Corp.
WITNESSETH this day of , 2000.
Notary Public
Printed Signature
My Commission Expires: County of Residence:
This Instrument was prepared by Philip A. Nicely, Attorney at Law, Bose McKinney &
Evans LLP, 600 E. 96th Street, Suite 500, Indianapolis, Indiana, 46240.
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Exhibit C
(Site Plan)
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