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HomeMy WebLinkAboutBrowning Investment Rezone Application immediately east of Delta Faucet a- BROWNING INVESTMENTS, INC. REZONE APPLICATION The application pertains to approximately twenty acres of undeveloped real estate south of 111th Street and immediately east of the Delta Faucet office building. A portion of the real estate lies within the Meridian Corridor Overlay Zone. The real estate is currently zoned R-1 and The Carmel Plan Commission and the Carmel City Council are requested to rezone the parcel to the B-7 designation. Development of the site will have a positive influence on the surrounding properties. The requested zoning classification will provide control over future development to The Carmel Plan Commission and an excellent transition from the adjoining land uses in accordance with well-established land use principles and will serve to assure the continued high quality of development experienced in the Meridian Corridor. 10"..,.e./1 I I I V f �� + # .,p i .. 4 , ...1 • ' ‘ "iv' 0 ' ir Pte' '. I . V ‘Illi -----', : -.r .,- -..s- .4/ . ., '. ...li . ,y i^ • r $. W t;' ie".: , r i . ' .�. ,c / �., P •r` - te- - - * a '`'{- 1P"'I _• �Id' • ---- 1.11'.- CC. .. 411p1I0 . . - ' r : C/ ii ` t it / N •1 / • iv '� - ..� 11'� , 7. , y 1 Na rte. • M` ,. ` p. 7 e ' I. , ,,if,, -1,'a ''. 1 , j • • l� : ' ,,, % 0.... ...„ r .,,,„AI,. •1' ! 4164"'4.'... °';''' ' . • '•r • '�.4. _ Ori • .1.14*Air.Y -w L 'lam •' ' - + •r• TI • I. iirtis V •4. . -it 'i; , if ,t, •i t _ r 1 ate,- ' i . .r,-0 ii . M k41,,,,* -....._ i • • , , . .,. 41. I .�, jam', h 1 • t•...b. . , , .. ,,,,..f. Flie + li 4 \\41.. $ i I lill • COMMITMENTS CONCERNING THE DEVELOPMENT AND USE OF REAL ESTATE In accordance with Indiana Code Section 36-7-4-613, the undersigned, Browning Investments, Inc. (hereafter "Developer") , the contract purchaser of the following described Real Estate located in Hamilton County, Indiana (hereafter the "Real Estate") , makes the following COMMITMENTS concerning improvements to be made in conjunction with the use and development of the Real Estate to the Carmel Plan Commission (hereafter "Commission"). 1 . Description of Real Estate. See Exhibit A (Real Estate) 2. Docket No. 3. Statement of Commitments. A. The Developer commits that notwithstanding the permitted uses and special uses provided for in the underlying zoning districts applicable to the Real Estate, the uses defined as "Excluded Uses" under Section 23.01-7 (United States Highway 31 Overlay Zone - Effective Date, April 21 , 1980) of the Zoning Ordinance of the City of Carmel, Indiana (Effective Date, January, 1980) shall be prohibited on the Real estate in the same manner as if the Real Estate were actually located within the U.S. 31 Highway Overlay Zone. b. The Developer commits that a shopping center as the same is commonly known, shall be prohibited on the Real Estate. c. The Developer commits that the landscaping buffer along the south property line of the Real Estate shall be 100 feet in width. d. The Developer commits that the building height of any building to be constructed on the Real Estate shall not exceed 3 stories in height. For the purpose of this commitment, building height shall mean: "the vertical distance from the lot ground level to the highest point of the roof fora flat roof; to the deck line of the mansard roof; and to the mean height between eaves and ridges for gable, hip and gambrel roofs." e. The Developer hereby commits to consent to the -- annexation of the Real Estate to the City of Carmel. 4. Binding on Successors & Assigns: These commitments are binding on the Developer of the Real Estate, 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. 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 R-1 Residence District to the B-7 Business District. 6. Recording: The undersigned hereby authorizes the _ Director of Community Development or the Secretary of the Carmel Plan Commission to record these commitments in the Office of the 11 /1 Recorder of Hamilton County, Indiana upon the granting of the approvals referred to in paragraph 5 above. 7. Enforcement: These commitments may be enforced by the Carmel Plan Commission. Executed this 18th day of December, 1987. BROWNING INVESTMENTS, INC. BY: �iyi/J ��/ F. R'cHAaD ReM6tucp Ek[C4LTIUE VICE P12FMLA-- Printed Name and Title STATE OF INDIANA ) SS: tCOUNTY OF HAMILTON ) The undersigned, a Notary Public in and for said County and State, acknowledged the execution of the foregoing by , the of Browning Investments, Inc. Witnesseth this 18th day of December, 1987. Ri b rly Ear otary Pub My Commission Expires: ^ March 2, 1989 Residing in Marion County /I /I I I I I ai