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HomeMy WebLinkAboutCorrespondence Keesling, Rachel M From: Calderon,Joe <JCalderon@btlaw.com> Sent: Monday, June 11, 2018 1:26 PM To: Keesling, Rachel M; Hollibaugh, Mike P Subject: PL Properties, 10580 N. Illinois Rachel, Mike: I am working with Steve Pittman and John Levinsohn form PL Properties on a potential office project for 10580 North Illinois. My client recently received some potential site and building design options, and would like to present them to DOCS for review and comment. I am leaving for vation on Friday,June 22nd, and would like to possibly meet with you before then. Might you have some time yet this week to meet?Thank you,Joe Calderon. Joe Calderon I Partner Barnes &Thornburg LLP 11 South Meridian Street, Indianapolis, IN 46204-3535 Direct: (317) 231-7787 I Mobile: (317) 294-0857 I Fax: (317) 231-7433 Atlanta I Chicago I Dallas I Delaware I Indiana I Los Angeles I Michigan I Minneapolis I Ohio I Washington, D.C. CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. Email secured by Check Point 1 Keesling, Rachel M From: Stohler,Yvette <Yvette.Stohler@btlaw.com> on behalf of Calderon, Joe <JCalderon@btlaw.com> Sent: Monday, June 25, 2018 4:45 PM To: Keesling, Rachel M; Conn, Angelina V; Lopez, Alexia K; Mindham, Daren; Littlejohn, David W; McCoy, David W; Huffman, David; 'g.hoyes@hamiltoncounty.in.gov'; 'hall@crossroadengineers.com';Jordan, Alex;Thomas,John G; 'd.lucas@hamiltoncounty.in.gov'; Hohlt,William G; Blanchard, Jim E; Sheeks, Mike; Duffy, John M; Faucett, Joe W; Stewart, Jason J; Barlow,James C; Strong, David C; Ellison, Christopher M Subject: PL Properties LLC Rezoning Application We represent PL Properties LLC, and recently filed a Rezoning Application for approximately 5 acres located at the southwest corner of Illinois Street and 106th Street, seeking a B-1 designation for an office development.A copy of the Application and preliminary plans is included in the attachment. If you have any questions ahead of the TAC Committee meeting, please call or email me. Joe Calderon I Partner Barnes &Thornburg LLP 11 South Meridian Street, Indianapolis, IN 46204-3535 Direct: (317) 231-7787 I Mobile: (317) 294-0857 I Fax: (317) 231-7433 Atlanta I Chicago I Dallas I Delaware I Indiana I Los Angeles I Michigan I Minneapolis I Ohio I Washington, D.C. CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. Email secured by Check Point 1 Keesling, Rachel M From: Jordan, Alex Sent: Tuesday,July 17, 2018 9:13 AM To: 'jcalderon@btlaw.com'; 'Steve Pittman' Cc: Conn, Angelina V; Cook, Steve L; Duffy,John M; 'Greg R. Hoyes'; Hall, Willie; Kashman, Jeremy M; Keesling, Rachel M; Littlejohn, David W; Lopez,Alexia K; 'ryan.hartman@ctrwd.org';Thomas, John G Subject: City of Carmel Docket#18070001 Z: 201 West 106th Street Rezone - S-2 to B-1 Good morning, We have no comments on the rezone at this time. We will have further comments once a development plan is provided. Sincerely, Alex Jordan Plan Review Coordinator City of Carmel Engineering Department (317) 571-2305 aiordan@carmel.in.gov °TvtaAq�Ft , : . City of C l ,NpIA4_// DEPARTMENT OF COMMUNITY SERVICES July 17, 2018 Mr. Joe Calderon Barnes&Thornburg LLP 11 South Meridian St. Indianapolis, IN 46204 RE: 201 W 106th St Rezone Dear Mr. Calderon: The following letter represents comments for this project specifically addressing the area of alternative transportation. I have reviewed the project submitted for the July 18, 2018 Technical Advisory Committee meeting and have no comments regarding this rezone. I have the following comments regarding the development plan: ALTERNATIVE TRANSPORTATION REVIEW COMMENTS 1) The City of Carmel's Thoroughfare Plan requires a 120' right-of-way for 106th St and Illinois St. 2) The City of Carmel Parking Ordinance requires short-term bicycle parking for all new developments. The bicycle racks are to be inverted-U or A-frame racks, within fifty (50) feet of the main entrances of buildings, and shall be easily accessible from the paths along Illinois St and 106th St. Please refer to Section 5.29 of the City's Unified Development Ordinance for the City's short-term bicycle parking requirements. 3) Long-term bicycle parking for the employees of the buildings is highly encouraged for this development. If this is already in consideration please provide details on how this will be provided. Please refer to Section 5.29 of the City's Unified Development Ordinance for recommended long-term bicycle parking guidelines. It is critical that this office be made aware of all modification made on the plans being re- submitted,particularly if any such changes are considered"new"or fall outside of our previous reviews. Please provide revised plans indicating all revisions. Please notify us of any changes Page 1 ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417 Cityof Carme /NDIA0 DEPARTMENT OF COMMUNITY SERVICES and specifically state any changes, including changes resulting from Plan Commission, Special Studies or other committee meetings. The Department of Community Services reserves the right to provide additional comments based on subsequent reviews. If you have questions, please contact me at 571-2417. Sincerely, David Littlejohn Alternative Transportation Coordinator cc: Rachel Keesling, Department of Community Services Engineering Department Review Project File Page 2 ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417 Keesling, Rachel M From: Keesling, Rachel M Sent: Tuesday,July 17, 2018 5:27 PM To: Calderon, Joe Cc: 'Steve Pittman' Subject: Review Comments - Docket No. Assignment: 201 W. 106th Street Rezone - S-2 to B-1 (# 18070001 Z) Hi Joe, The Planning/Zoning Department's review comments are listed below for the 201 W. 106th Street Rezone. Please address each item via letter or email response. If you would like to have a conference call or meet in person, please feel free to contact me. Thanks, Rachel General: 1. Please provide digital copies of any revised plans and applications. 2. Please provide copies of your correspondence with the TAC members and their correspondence with you. 3. Provide the filled out and notarized Affidavit of notice of public hearing page of the application. 4. Provide the filled out and notarized Public Notice Sign Placement Affidavit page of the application. 5. Provide the newspaper's publisher's affidavit. 6. Please prepare a memo explaining how this rezone falls in in line with the Carmel-Clay Comprehensive Plan, with its goals and objectives,future land uses,etc. a. Per the Land Classification Plan Map,this area is Excluded from the map. b. Commercial zoned properties to the east and south are classified as Employment Node. 7. Per the Thoroughfare Plan, 106th Street is classified as a Primary Arterial Street,which requires a 60 ft. half right-of-way. Illinois Street is classified as a Parkway Arterial Street, which also requires a 60' half right-of-way. Please work with the Carmel Engineering Dept.to see if additional right-of-way needs to be dedicated. Their number is 317-571-2441. 8. A 10 ft. multi-use path is required along 106th Street and Illinois Street.These are already constructed within the right-of-way. Please note for future development that they must remain (or if necessary, be rebuilt). 9. Please note that any future development will require review and approval by the Plan Commission. Please review the B-1 zone requirements to understand all that would be expected for a future commercial project. (Page 50 of this link begins the B-1 chapter, page 155 begins the Landscaping section, page 167 begins the Parking requirements, which include bicycle parking, page 181 begins the Sign Ordinance.) 10. The Dept.would like for you to restrict the allowable uses for this site, if rezoned to B-1,to provide an appropriate transition to the nearby residential. For example, Office Uses, Institutional, or Educational Uses would be appropriate. Please submit a list for our review. 11. The two options shown for potential development of this site are exactly what we would want to see in this area. In both options,the building and site are designed well. We would like for you to make a commitment that any future development would meet these standards of design and provide this same level of detail. Perhaps include a list of permissible materials in the commitment. 12. The southern property line has multiple large trees along it.The Dept.would like to see these saved and preserved. 13. A minimum of 30' side bufferyard would be required along this southern property line (with proposed office next to residential).The Dept. would request that this be increased to least 40',or to match/follow the width of 1 the proposed green area on the south of the new drive aisle into the site as shown on the concept site plans. (which would line up with the entrance to the heart hospital across Illinois Street) 14. A 30' rear bufferyard would be required on the west property line. It is hard to tell from the aerial, but there also appears to be many trees along this shared property line. We would also like to see these trees saved and preserved in order to provide an appropriate buffer between the residential to the west and potential future office on this site. 15. The aerial map shows a driveway that crosses the southern property line and connects into the home owned by DK Dwellings LLC. Please confirm that this driveway connection will be removed. 16. There appears to be a large drainage area and possibly small creek running through the site. Please confirm and provide information on how this would be altered for development. 17. Additional review comments may be forthcoming as the project proceeds through the process. Rachel Keeslin6 Planning Administrator City of Carmel, Indiana 1 Civic Square 3rd Floor—DOCS Carmel, IN 46032 317-571-2417 rkeesling@carmel.in.gov 2 Keesling, Rachel M From: Steve Pittman <steve@pittmanpartners.com> Sent: Tuesday,July 17, 2018 5:42 PM To: Keesling, Rachel M; Hollibaugh, Mike P Cc: 'Joseph D. Calderon';John Levinsohn;James Goggan (jim.goggan@woolpert.com) Subject: Rosado Hill Letter to DOCS.pdf Rachel: I am out of town an unable to attend our TAC meeting for our proposed 10580 N. Illinois St office project. I called you last week to discuss the 2007 approval of Rosado Hill subdivision to our west but was unable to reach you. As a result, I have attached a letter I wrote in October of 2007 to go on record my position when Rosado Hill asked for a variance and not stub a residential street to our property. I know that the department has this letter in their file, however, it has been 10 years and it may be long forgotten for some people. If you think it would be helpful, please call me to discuss further,otherwise, please make this part of our file moving forward. Regards Steve Steve Pittman Mail: PO Box 554,Carmel, IN,46082-0554 317.590.5074 steve@pittmanpartners.com DEVELOPMENT/CONSTRUCTION/BROKERAGE/CONSULTING l► Please consider the environment before printing this e-mail.Thank you! 1 • PittmanPartners October 10, 2007 Re: Rosado Hill, Docket Number 07080036, 07080037-40 SW To: Department of Community Services Carmel Plan Commission My family owns the undeveloped property more commonly known as 201 W. 106th Street. It is located east of and adjacent to the proposed subdivision development known as Rosado Hill. We have met with the petitioners and feel very positive about Rosado Hill and the petitioners intentions. We do have a concern, however, with their request to not stub a street to our undeveloped property which we intend on developing in the future. By not having the required stub street or right of way dedication for a future connection with our property will require our property to be accessed off of the future extension of Illinois Street. By not having access to Spring Mill Road in the future when we develop our property and only having access off of Illinois Street will not allow us to develop our property in a manner compatible with Rosado Hill. By not requiring this connection,we are creating a future planning and zoning problem. If I was the petitioner for Rosado Hill, I would be asking for the same variance because I agree with them that you cannot develop a residential subdivision on land that is adjacent to and accessed off of Illinois Street.The thoroughfare plan calls for this road to be 80' wide and have a Right of Way of 120'. In conclusion, I am not asking that the petitioner be denied his variance request. I only want to go on record and communicate this concern to establish our position at such time as we would request to develop our property in the future. Sincerely, CL J Steve A. Pittman ' ••r� • r Imo''+ �• ! * 4, •_ , I .-)•++ ` .. •.;I-4 w .1, - • #�. - 0 • i• . w •• N / r .ir:" -. • ' i.. . _ ` n u K. . . .4- ra �� - -., . @a T • ��t_ 'irq V 7S rt t� r' i ;� NG ., •••ria .,. ,. ..,., .� 1 . PUBLIC HEART - . 4; ' - `.0w- .,4 Plan ComZ. mission * • , _' •.- � 3 '. _ 4. ,...-.s.n ` Carmel City l-Iall 41?'. 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It •' i,•,,- Aim � �,� • /` i y—�'.. �,leiy I _•,� - f�'\ :,. :� 't+.1 i..i ,: j.' jar', . , ,. / I•-,,... •`, % ' �� i ><� +h� I± �.. 'II���►1�.r1 '�'4..�, f' -u `tilt �.�lh "\ e\ Ci-.�`+i' ?� �\\ `�v 1 ' Keesling, Rachel M From: Steve Pittman <steve@pittmanpartners.com> Sent: Tuesday,July 31, 2018 2:25 PM To: Keesling, Rachel M Cc: John Levinsohn; Calderon,Joe Subject: 10580 N Illinois -Traffic Letter- 7-31-18.pdf Attachments: 10580 N Illinois - Traffic Letter- 7-31-18.pdf Rachel: attached is the traffic letter for 10580 N. Illinois St. Regards, Steve PittmanPartners A 12821 E. New Market St Suite 310 Carmel, IN 46032 317.590.5074 steve@pittmanpartners.com www.pittmanpartners.com Development Investment Brokerage 1 SPORTATION ENGINEERING STUDIES • TRAFFIC IMPACT 14&F ENGINEERING TRA PARKINGDLOT ES•IGNG• TRAY ANSPORTATIONAPLANNENGINEERING IN STUD IES CONSTRUCTION OBSERVATION • SITE ENGINEERING Transportation & Site Engineering Creating Order Since 196E REGISTRATION STEVEN J.FEHRIBACH,P.E. INDIANA ILLINOIS PRESIDENT KENTUCKY JOSEPH T.RENGEL,P.E. MICHIGAN VICE PRESIDENT OHIO MISSOURI R.MATTHEW BROWN,P.E. TEXAS VICE PRESIDENT July 31, 2018 Mr. Steve Pittman Pittman Partners 12821 E. New Market Street, Suite 310 Carmel, Indiana 46032 Re: Trip Generation Comparison Dear Mr. Pittman, The following table represents the trips that can be anticipated once the proposed development is fully developed as currently planned for an 80,000 square feet office building. Trip Generation Summary Development Use AM Peak Hour PM Peak Hour Proposed Site—80,000 square feet office 102 92 building • Based on the trip generation calculations it can be seen that Illinois Street developed as a four-lane roadway has sufficient capacity to handle the additional traffic. • Based on the review of the site plan, the proposed two driveway system (one on Illinois Street and one on 106th Street)will adequately handle vehicles entering and exiting the site. If you have any questions, please contact me. Sincerely, A&F Engineering Co., LLC Steven J. Fehribach, P.E. President 8365 KEYSTONE CROSSING, SUITE 201 — INDIANAPOLIS, INDIANA 46240 TELEPHONE (317) 202.0864 — FACSIMILE (317) 202.0908 Keesling, Rachel M From: Anne Kelton <amkelton@frontier.com> Sent: Wednesday, August 1, 2018 2:31 PM To: Keesling, Rachel M Subject: Information on possible rezone Rachel, I'm interested in getting information about the potential rezone at 201 West 106th St from residential to commercial as seen in the IBJ recently. I have found the link to the application, the agenda, notification list and a receipt but I don't see much detail beyond 2 options of aerial renderings of what it could look like. Is there any info available to the public or in the documents that shows how the surrounding neighbors would be protected or information beyond renderings of access to the project from 106th and/or Illinois Street? What is the approximate square footage of the building and is there underground parking? It looks like some kind of a ramp on the south side of the building but is that a ramp to underground parking or is it a loading dock? I am sending this from my personal email and I would appreciate my email not being forwarded to the developer or other people as I would take that as deterring my rights to what should be, public information. If you do not have access to the information that I am requesting or if the information does not yet exist,you can tell me that. I would rather not have my name or request shared with others. Thanks in advance for your insight. Anne Sent from my iPhone Email secured by Check Point Keesling, Rachel M From: Anne Kelton <amkelton@frontier.com> Sent: Monday, August 6, 2018 1:49 PM To: Keesling, Rachel M Subject: Re: Information on possible rezone Thanks Rachel for the information. How do the public and all of the residents in that area have access to the more detailed information that you have provided below for me upon my request?That info was not included in the application that I could see. Thanks, Anne Sent from my iPhone >On Aug 6, 2018,at 8:56 AM, Keesling, Rachel M <rkeesling@carmel.in.gov>wrote: > > Hi Anne, >Thanks for your email.The developer's plan would be for an 80,000 sq.ft.office building, with underground and a surface parking lot.The building would be pulled up to Illinois Street in order to be as far away from the residential as possible.The developer is also going to commit to building an 8'wall around the property, in order to protect neighbors. This wall would be in addition to the required landscaping buffer of 30'on the west and south sides.They are also planning to limit the allowable uses of the proposed B-1 zoning classification so that only office type development would occur. (They have not provided this list yet, but will soon.) > > Here is a link to the project file online: http://cocdocs.carmel.in.gov/weblink/0/fol/1514883/Rowl.aspx >Click on the application and you will see the two building designs that the developer has come up with to show what an office building could look like on this site. We are going to ask the developer to commit to this level of architectural detail, if not,one of these two building designs. > > Please know that this is only a rezone at this time, so they will have to come back before the Plan Commission with a Development Plan (DP)and ADLS (Architectural design, lighting, landscaping, and signage) submittals for what the actual building will look like and how the site will be designed. But we are pleased with the level of detail provided so far(we don't always get this in a rezone submittal)and the developer's wiliness to make commitments regarding use and design of the building. Rezones also have to go before the Council for a final vote.The Plan Commission makes a recommendation to the Council, but their vote is not what approves the rezone. > > Please let me know if you have any other questions, I am happy to help. >Thanks, > Rachel > > > > Rachel Keesling > Planning Administrator > >317-571-2417 > rkeesling@carmel.in.gov > Keesling, Rachel M From: Anne Kelton <amkelton@frontier.com> Sent: Wednesday, August 8, 2018 2:09 PM To: Keesling, Rachel M Subject: Re: Information on possible rezone Hi Rachel, I was told by Carmel that letters of support or concern for projects can be sent in to Carmel and those will be shared with all City Council and Planning Commission members. Is this correct and if so, can you email me the appropriate physical address and/or email address to send those to and what name (attention of)? Any news on the height of the wall that Carmel put in between Illinois Street and the adjacent property that's being considered? Thank you, Anne Sent from my iPhone >On Aug 6, 2018,at 11:39 AM, Keesling, Rachel M <rkeesling@carmel.in.gov>wrote: > Hi Anne, >Typically the developer holds meetings with neighbors prior to the meeting,to get input and let neighbors know what their plan is. I know Steve Pittman has reached out to some neighbors, but perhaps not all yet. He would also share these details at the Public Hearing when he presents the rezone proposal.As far as my Dept's requests for limiting uses and commitments about architecture,these are items that would normally be included in our Dept. Report,which goes out 5 days prior to the public hearing on August 21st. We would also speak to these items during the Dept.'s time to present at the public hearing. I would encourage you to attend the meeting on this item and share your concerns. Please let me know if you have any other questions. >Thanks, > Rachel > Rachel Keesling > Planning Administrator >317-571-2417 > rkeesling@carmel.in.gov > Original Message > From: Anne Kelton [mailto:amkelton@frontier.com] >Sent: Monday,August 6, 2018 1:49 PM >To: Keesling, Rachel M >Subject: Re: Information on possible rezone 1 Keesling, Rachel M From: Calderon, Joe <JCalderon@btlaw.com> Sent: Thursday, August 16, 2018 1:19 PM To: Chavez, Nathan Cc: Keesling, Rachel M; steve@pittmanpartners.com Subject: RE:Additional Public Notice Documents Hi Nathan: I will drop that off tomorrow morning.Thanks,Joe Joe Calderon I Partner Barnes &Thornburg LLP 11 South Meridian Street, Indianapolis, IN 46204-3535 Direct: (317) 231-7787 I Mobile: (317) 294-0857 I Fax: (317) 231-7433 • ■ BARNES 'Si. ■■ THORNBURG w' Atlanta I Chicago I Dallas I Delaware I Indiana I Los Angeles I Michigan I Minneapolis I Ohio I Washington, D.C. From: Chavez, Nathan [mailto:nchavez@carmel.in.gov] Sent: Thursday, August 16, 2018 12:34 PM To: Calderon, Joe Cc: Keesling, Rachel M; steve@pittmanpartners.com Subject: [EXTERNAL]Additional Public Notice Documents Mr. Calderon, Our office has yet to receive the notarized affidavit of notice of public hearing, affidavit of placement of public notice sign, and newspaper's publisher's affidavit.We need this additional proof of public notice in order for the Plan Commission to see your petition. Please let me know if you have any further questions. Thank you, Nathan Chavez I Administrator- Plan Commission City of Carmel I Department of Community Services 317-571-2478 I nchavez@carmel.in.gov CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. Email secured by Check Point i Keesling, Rachel M From: Calderon, Joe <JCalderon@btlaw.com> Sent: Thursday, August 16, 2018 2:51 PM To: Chavez, Nathan Cc: Keesling, Rachel M; steve@pittmanpartners.com Subject: Affidavit of Notice-18070001 Z Attachments: 20180816140751.pdf Hi Nathan: here is the Affidavit of Notice, including proof of publication, for this matter. I will bring in the original, together with the certificates of mailing and returned green cards tomorrow morning. My apologies... I had in my head to get this to you on Friday(the typical Carmel filing day). Thanks,Joe. Joe Calderon I Partner Barnes &Thornburg LLP 11 South Meridian Street, Indianapolis, IN 46204-3535 Direct: (317) 231-7787 I Mobile: (317) 294-0857 I Fax: (317) 231-7433 ■ U BARNES & IN U. THORNBURG LLP Atlanta I Chicago I Dallas I Delaware I Indiana I Los Angeles I Michigan I Minneapolis I Ohio I Washington, D.C. CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. Email secured by Check Point PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL PLAN COMMISSION Joseph D.Calderon,attorney for PL Properties LLC I(We) do hereby certify that notice of public hearing of the Cannel Plan Commission to consider Docket Number 18070001Z ,was registered and mailed at least twenty-one(21)days prior to the date of the public hearing to the below listed adjacent property owners: OWNER(s)NAME ADDRESS Owner(or submit a copy of the list from the County.) See attached list STATE OF INDIANA,COUNTY OF MARION, SS: The undersigned,having been duly sworn,upon oath sa,4 that the bove i formation is true and correct as he is informed and believes. A (• •f Petitioner),.... Subscribed and sworn to before me this (day o .f gust, ! :. laav n;, YVETTE A.STOHLER I 019' +r° I, Resident of Madison Co. 2I SEAL* .„2• 4, My Commission Expires t.ry Public o f y..' April 26,2023 My Commission Expires: ****************************************************************************** (Tip:Actual signatures of adjacent property owners must be submitted on this affidavit if the public notice was hand delivered to an adjacent property owner. Otherwise the names can be typed/written in.) Revised:01-24-2018 Filename:Rezone or PUD 2018 Final Page 4 of 7 DMS 12655493 HAMILTON COUNTY AUDITOR I, ROBIN M. MILLS,AUDITOR OF HAMILTON COUNTY, INDIANA, CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS MARKED AS NEIGHBORS ARE THE PROPERTY OWNERS THAT ARE TWO PROPERTIES OR 660' FEET FROM THE REAL ESTATE MARKED AS SUBJECT PROPERTY. THIS DOCUMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL ESTATE RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY. ROBIN M. MILLS, HAMILTON COUNTY AUDITOR DATED: &tom 06/21/2018 SUBJECT PROPERTY: 16-13-11-00-00-039.000 Subject PL Properties LLC 370 Sanner Ct Indianapolis IN 46290 17-13-11-00-00-002.000 Subject PL Properties LLC 370 Sanner Ct Indianapolis IN 46290 Pursuant to the provisions of Indiana Code 5-14-3-3-(e),no person other than those authorized by the County may reproduce,grant access,deliver,or sell any information obtained from arty department or office of the County to any other person,partnership,or corporation. In addition any person who receives information from the County shall not be permitted to use any mailing list,addresses,or databases for the purpose of selling,advertising,or soliciting the purchase of merchandise,goods,services,or to sell.loan, give away,or otherwise deliver the information obtained by the request to any other person. Page 1 of 1 HAMILTON COUNTY NOTI F I CATI ON LIST PLEASE NOTIFYTHE FOLLOWING PERSONS 16-13-11-00-00-036.010 Neighbor Carmel Indy Holdings LLC 450 N Roxbury Dr Ste 1050 Beverly Hills CA 90210 16-13-11-00-00-036.015 Neighbor CIHS Newco LLC 510 96th St E Ste 250 Indianapolis IN 46240 16-13-11-00-00-040.000 Neighbor CIHS Newco LLC 10330 N Meridian St, Ste 400 Indianapolis IN 46290 17-13-02-00-00-024.000 Neighbor Indiana Farmers Mutual Ins Co PO BOX 527 Indianapolis IN 46206 17-13-02-00-00-026.000 Neighbor Perkins Aesthetic Center LLC 170 106th St W Indianapolis IN 46290 17-13-02-00-00-027.000 Neighbor Mudd,Garret D&Heather M 330 W 106th St Indianapolis IN 46290 17-13-02-00-00-028.000 Neighbor Mudd,Garret D&Heather M 330 W 106th St Indianapolis IN 46290 17-13-02-03-04-005.000 Neighbor Noel, Harry J&Michele B PREPARED BYTHE HAMILTON COUNTY AUDITORS OFFICE.DIVISION OF TAX MAPPING Page 1 of 4 321 W 107TH ST Carmel IN 46032 17-13-11-00-00-001.002 Neighbor Clay Township Regional Waste District P 0 Box 40638 Indianapolis IN 46240 17-13-11-00-02-019.000 Neighbor Butz, RoseMarie&Richard R Trustees of RoseMarie Butz Revocable Trust 307 MILLRIDGE DR Indianapolis IN 46290 1117 17-13-11-00-02-020.000 Neighbor Weiss,Carol K Trustee of Carol K Weiss Rev Trust 301 MILLRIDGE DR Indianapolis IN 46290 17-13-11-00-02-021.000 Neighbor Callahan, Carolyn Jo&Noel E Trustees Carolyn Jo Callahan Revocable Trust 300 MILLRIDGE DR Indianapolis IN 46290 17-13-11-00-02-022.000 Neighbor Borinstein,Joseph A&Wilma R 306 MILLRIDGE DR Indianapolis IN 46290 17-13-11-00-02-023.000 Neighbor Hibbeln, Carolyn N Trustee of Carolyn N Hibbeln Revocable Trust 312 MILLRIDGE DR Indianapolis IN 46290 17-13-11-00-02-024.000 Neighbor Hunt,V William&Nancy B h&w 328 Millridge Dr Indianapolis IN 46290 17-13-11-00-02-025.000 Neighbor Martin,Veronica J 346 Millridge Dr PREPARED BYTHE HAMILTON COUNTYAUDITORS OFFICE.DIVISION OF TAX MAPPING Page 2 of 4 Indianapolis IN 46290 17-13-11-00-02-026.000 Neighbor Shryoc, Kelly K 350 Millridge Dr Indianapolis IN 46290 17-13-11-00-02-027.000 Neighbor Farris, Paul G&Florence D jtrs 358 MILLRIDGE DR Indianapolis IN 46290 17-13-11-00-02-036.000 Neighbor Ruddell,James H&William A CoTrustees of Item IV Trust under Richard A Ruddell Declaration of Trust 1/2 int&Priscilla B Ruddell Trustee of Priscilla B Ruddell Trust 1/2 int T/C 11872 Promontory Trl Zionsville IN 46077 17-13-11-00-02-037.000 Neighbor Klinger, Debra E 2979 Kings Ct Carmel IN 46032 17-13-11-00-02-038.000 Neighbor Klinger, Debra E 2979 Kings Ct Carmel IN 46032 17-13-11-00-02-039.000 Neighbor Pittman Partners Inc PO BOX 554 Carmel IN 46082 17-13-11-00-02-040.000 Neighbor Pittman Partners Inc PO BOX 554 Carmel IN 46082 17-13-11-00-02-043.000 Neighbor Reserve At Spring Mill Sec II Homeowners Assoc Inc 11711 N COLLEGE AVE STE 100 PREPARED BY THE HAMILTON COUNTY AUDITORS OFFICE_DIVISION OF TAX MAPPING Page 3 of 4 Carmel IN 46032 17-13-11-00-03-001.000 Neighbor Boeglin, Daniel L 10565 Spring Mill Rd Indianapolis IN 46290 17-13-11-00-03-002.000 Neighbor Boeglin,Robert J 10555 Spring Mill Rd Indianapolis IN 46290 17-13-11-00-03-003.000 Neighbor Sondhi, Nalini 10545 Spring Mill Rd Indianapolis IN 46290 17-13-11-00-03-004.000 Neighbor Rosado Hill Homeowners Association Inc 600 E 96th St Ste 600 Indianapolis IN 46240 • PREPARED BYTHE HAMILTON COUNTY AUDITORS OFFICE.DIVISION OF TAX MAPPING Page 4 of 4 Ad joiner Notification Map 007 033 023 PP" —Th030 023 031 001 032 003 002 001 010.1)3 —' 824 005 010 008 006.001 006 022 0103 J 028 z> Vtip+ ',tick 026 ' t` � . 027 / * ^� 3e,�?� N 001.001 ( \ eeiAO 001 040 036.015/ 013 004 002 002 003 039 L 036.015 039 021 020 040 -N 014 043 041 042 038 022 044 019 035 036 037 { 023 034 018 11166. 033 ` 024 / 028 027 026 025 \ j 017 032 �„/// 029 036.010 001 030 016 0341, 018 N`1 002 009 010 011 012 013 014 003 • I' 006 , 004 005 036.007 001 019 ii; 005 036.013 043 002 003 004 042 1 i,; '0 Legend N ®Nutter otify I ;I Subject The Indianapolis Star BARNES&THORNBURG 130 South Meridian Street Federal Id:06-1032273 Indianapolis,IN 46225 Account MINI-1828 Marion County,Indiana Order#:0003047183 Total Amount of Claim:$499.26 BARNES&THORNBURG ATTN Joe Calderon 11 S MERIDIAN ST INDIANAPOLIS,IN 46204 PUBLISHER'S AFFIDAVIT STATE OF WISCONSIN, County Of Brown } SS: Personally appeared before me,a notary public in and for said county and state,the undersigned I,being duly sworn,say that I am a clerk for THE INDIANAPOLIS NEWSPAPERS a DAILY STAR newspaper of general circulation printed and published in the English language in the city of INDIANAPOLIS in state and county aforesaid,and that the printed matter attached hereto is a true copy,which was duly published in said paper for 1 times.,the dates of publication being as follows: The insertion being on the 07/26/2018 Newspaper has a website and this public notice was posted in the same day as it was published in the newspaper. Pursuant to the provisions and penalties of Ch. 155,Acts 1953, I hereby certify that the foregoing account is just and correct,that the amount claimed is legally due,after allowing all just credits,and that no part of the same has been paid. Date: d 4Li ,20 G$ Title:Clerk Subscribed and sworn to before me this 26 day of July, 2018 I(x c <d Yl4iYIG� ► Notary Public Notary Expires: ,; + C TARA MONDLOCH Notary Public State of Wisconsin NOTICE OF PUBLIC HEARING BEFORE THE CARMEL PLAN COMMISSION Docket No. 180700012 Notice is hereby given that the Cannel Plan Commission meeting on August 21, 2018 at 6:00 p.m. in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a/an Rezoning application for rezoning approximately 5.73 acres of formerly improved real estate from the S-2 zoning classification to the B-1 zoning classification to provide for office development The property address is: 201 W. 106th St., Carmel, Indiana 46032 The application is identified as Docket No. 1807001 Z. The real estate affected by said application is described as follows: Tax ID parcel numbers: 17-13-11-00-00.002.000, 16-13-11-00-00- 039.000 All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportuni- ty to be heard at the above mentioned time and place. Petitioner name: PL Properties LLC (S - 7/26/18- 30471 83) hspaxlp Keesling, Rachel M From: Clark, J. Murray <murray.clark@FaegreBD.com> Sent: Saturday, August 18, 2018 10:03 AM To: Keesling, Rachel M Subject: RE: Docket No. 180700001 Z: 201 West 106th Street Rezone Thanks Rachel. FYI, we sent a counter to Joe Calderon regarding commitments. We are trying to resolve differences before Tuesday. If we do conceptually, it will likely be a bit of a roadmap since screening and buffering is very important as you might expect and it is difficult to determine at this point in time where the screening (masonry wall + new trees) would go in light of the tree preservation interest. I will keep you advised. J. Murray Clark Partner murray.clark@FaegreBD.com Download vCard D:+1 317 237 1433 I F:+1 317 237 8533 Faegre Baker Daniels LLP 300 N. Meridian Street I Suite 2700 I Indianapolis,IN 46204, USA From: Keesling, Rachel M [mailto:rkeesling@carmel.in.gov] Sent: Friday, August 17, 2018 3:17 PM To: Clark,J. Murray<murray.clark@FaegreBD.com> Subject: RE: Docket No. 180700001 Z: 201 West 106th Street Rezone Hi Murray, I asked Nathan Chavez, the Plan Commission secretary, to forward it to you. Please let me know if you have any questions. Thanks, Rachel Rachel Keeslinw Planning Administrator 317-571-2417 rkeesling@carmel.in.gov From: Clark, J. Murray [mailto:murray.clark©FaegreBD.com] Sent: Thursday, August 16, 2018 3:22 PM To: Keesling, Rachel M Subject: Docket No. 180700001 Z: 201 West 106th Street Rezone Rachel Thanks for your voicemail yesterday. Do you have a Department Report yet? J. Murray Clark Partner murray.clark@FaegreBD.com Download vCard D:+1 317 237 1433 I F:+1 317 237 8533 Faegre Baker Daniels LLP 300 N.Meridian Street I Suite 2700 I Indianapolis,IN 46204,USA Email secured by Check Point Email secured by Check Point 2 Keesling, Rachel M From: Calderon, Joe <JCalderon@btlaw.com> Sent: Monday,August 20, 2018 10:53 AM To: Keesling, Rachel M Cc: Steve Pittman;John Levinsohn Subject: RE: Review Comments - Docket No.Assignment: 201 W. 106th Street Rezone - S-2 to B-1 (#18070001 Z) Rachel, please see below in red. Joe Calderon I Partner Barnes &Thornburg LLP 11 South Meridian Street, Indianapolis, IN 46204-3535 Direct: (317) 231-7787 I Mobile: (317) 294-0857 I Fax: (317) 231-7433 ■ " ' ■ BARNES & ■■ THORNBURG LLP Atlanta I Chicago I Dallas I Delaware I Indiana I Los Angeles I Michigan I Minneapolis I Ohio I Washington, D.C. From: Keesling, Rachel M [mailto:rkeesling@carmel.in.gov] Sent: Monday, August 20, 2018 10:40 AM To: Calderon, Joe Subject: [EXTERNAL]RE: Review Comments - Docket No. Assignment: 201 W. 106th Street Rezone - S-2 to B-1 (#18070001 Z) Hi Joe, Just wanted to follow up on these review comments. If you could provide written responses, I would appreciate it. Thanks, Rachel Rachel Keisling Planning Administrator 317-571-2417 rkeesling@carmel.in.gov From: Keesling, Rachel M Sent: Tuesday, July 17, 2018 5:27 PM To: Calderon, Joe Cc: 'Steve Pittman' Subject: Review Comments - Docket No. Assignment: 201 W. 106th Street Rezone - S-2 to B-1 (#18070001 Z) Hi Joe, 1 The Planning/Zoning Department's review comments are listed below for the 201 W. 106th Street Rezone. Please address each item via letter or email response. If you would like to have a conference call or meet in person, please feel free to contact me. Thanks, Rachel General: 1. Please provide digital copies of any revised plans and applications. Not sure if you have electronic versions of the plans or not. I thought you did. 2. Please provide copies of your correspondence with the TAC members and their correspondence with you. I will scan what I have received to date 3. Provide the filled out and notarized Affidavit of notice of public hearing page of the application. Completed 4. Provide the filled out and notarized Public Notice Sign Placement Affidavit page of the application. Completed 5. Provide the newspaper's publisher's affidavit. Completed 6. Please prepare a memo explaining how this rezone falls in in line with the Carmel-Clay Comprehensive Plan, with its goals and objectives, future land uses,etc. See Tab 3 in Information Booklet. Is that sufficient? a. Per the Land Classification Plan Map,this area is Excluded from the map. b. Commercial zoned properties to the east and south are classified as Employment Node. 7. Per the Thoroughfare Plan, 106th Street is classified as a Primary Arterial Street,which requires a 60 ft. half right-of-way. Illinois Street is classified as a Parkway Arterial Street,which also requires a 60' half right-of-way. Please work with the Carmel Engineering Dept.to see if additional right-of-way needs to be dedicated. Their number is 317-571-2441. I will let Steve/John respond directly on this one 8. A 10 ft. multi-use path is required along 106th Street and Illinois Street.These are already constructed within the right-of-way. Please note for future development that they must remain (or if necessary, be rebuilt). Acknowledged 9. Please note that any future development will require review and approval by the Plan Commission. Please review the B-1 zone requirements to understand all that would be expected for a future commercial project. (Page 50 of this link begins the B-1 chapter, page 155 begins the Landscaping section, page 167 begins the Parking requirements,which include bicycle parking, page 181 begins the Sign Ordinance.) Acknowledged 10. The Dept. would like for you to restrict the allowable uses for this site, if rezoned to B-1,to provide an appropriate transition to the nearby residential. For example, Office Uses, Institutional,or Educational Uses would be appropriate. Please submit a list for our review. In proposed Commitments, which we are revising today in response to comments received by Murray Clark 11. The two options shown for potential development of this site are exactly what we would want to see in this area. In both options,the building and site are designed well. We would like for you to make a commitment that any future development would meet these standards of design and provide this same level of detail. Perhaps include a list of permissible materials in the commitment. In proposed Commitments 12. The southern property line has multiple large trees along it.The Dept.would like to see these saved and preserved. In proposed Commitments 13. A minimum of 30' side bufferyard would be required along this southern property line (with proposed office next to residential).The Dept. would request that this be increased to least 40',or to match/follow the width of the proposed green area on the south of the new drive aisle into the site as shown on the concept site plans. (which would line up with the entrance to the heart hospital across Illinois Street) I will let Steve and John respond on this one,either directly,or through me 14. A 30' rear bufferyard would be required on the west property line. It is hard to tell from the aerial, but there also appears to be many trees along this shared property line. We would also like to see these trees saved and preserved in order to provide an appropriate buffer between the residential to the west and potential future office on this site. In proposed Commitments 2 15. The aerial map shows a driveway that crosses the southern property line and connects into the home owned by DK Dwellings LLC. Please confirm that this driveway connection will be removed. I will let Steve/John respond directly on this one 16. There appears to be a large drainage area and possibly small creek running through the site. Please confirm and provide information on how this would be altered for development. I will let Steve/John respond directly to this one 17. Additional review comments may be forthcoming as the project proceeds through the process. Rachel Keesling Planning Administrator City of Carmel, Indiana 1 Civic Square 3rd Floor—DOCS Carmel, IN 46032 317-571-2417 rkeesling@carmel.in.gov CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. Email secured by Check Point 3 Keesling, Rachel M From: Calderon, Joe <JCalderon@btlaw.com> Sent: Tuesday, August 21, 2018 10:39 AM To: Keesling, Rachel M; Chavez, Nathan Cc: Steve Pittman;John Levinsohn Subject: Revised Commitments-18070001 Z-201 West 106th Attachments: Redline_PL Properties Carmel statement of commitments v3-v5.pdf; PL Properties Carmel statement of commitments (3).docx Good morning, Rachel and Nathan: Here are revised Commitments we just sent to Murray Clark,who represents the Rosado Hill neighbors. Notably, we went from prohibited uses to permitted uses, put in limits on hours of operation, and added various other commitments to help make this more compatible with the neighbors. Please let us know if DOCS has any questions or comments regarding the attached Joe Calderon I Partner Barnes &Thornburg LLP 11 South Meridian Street, Indianapolis, IN 46204-3535 Direct: (317) 231-7787 I Mobile: (317) 294-0857 I Fax: (317) 231-7433 ■ ■ BARNES & ■■ THORNBURG up Atlanta I Chicago I Dallas I Delaware I Indiana I Los Angeles I Michigan I Minneapolis I Ohio I Washington, D.C. CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. Email secured by Check Point i COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A VARIANCE, SPECIAL EXCEPTION OR APPROVAL GRANT. In accordance with I.C.36-7-4-1015,the owner of the real estate located in the City of Carmel,Indiana,which is described below,makes the following COMMITMENTS concerning the use and development of the parcel of real estate: Legal Description: SEE EXHIBIT`A"ATTACHED HERETO AND INCORPORATED BY REFERENCE (the "Subject Property') Statement of COMMITMENTS: 1 . Thk following B-1 uses,as defined in the City of Carmel Unified Development Ordinance("UDO"),shall be pr-eliibiteelthe only primary uses permitted on the Subject Property: a) "rt and Music Centers?eneral agriculture(farm)(until Subject Property is developed) b) Carnivalif ir/ci-c..sarizallery c) . - •-_ - .. ' -..-- • _ . ._ .. . - . . - Wiwi,trade or business d) Infleer-theaterclinic or medical health center • j)-Pestgeneral office • professional g) research laboratory/facility hW. park.public o*-AIl Retail and Service Permitted Uses oozy DMS 13054101v31 y) Cemetery commercial parking lot 2 . The following B-1 uses,as defined in the LIDO,shall he the only accessory uses permitted on the Subject Property: • automated teller machine(atm) h) private parking area 0 catering establishment • restaurant, without driye-thru food sales day nursery, preschool, kindergarten • commercial recreational facility, indoor artificial lake or pond 2 . ►- 1• . - • •. . '•• • "I ' •110= -• - ' •.'r\ •. 1• t' -= • •:• . •._._I 1.0 10 p.m. Monday through Friday,and 8 a.m.to 5 p.m. Saturday and Sunday,and doors to the Subject Property shall be locked at all other times;however, nothing in this restriction shall preclude individuals from arriving earlier or 1 * - • .- - • '11' •• ' '.••. .• - 1• . "It It •••- - • /... •-• . 1./ personnel or are part of building ownership, management or maintenance and repair,and who have a secure means of access(keycard/keyfob or similar) Tl1 developer shall,as part of any initial construction of a building on the Subject Property,erect a masonry wall at least eight(8)feet in height,and located in the green belt buffer on the south and the west boundary,substantially as3hown on the site plan attached hereto as Exhibit"B". The wall shalLhave the same finishes/treatments on both sides and shall be erected in a fashion so as to preserve the green belt buffer to the greatest extent reasonably possible. In addition,the developer shall plant 4-largea staggered line of arbor vitae or Norway spruce in the cutout area shown on the Site Plan(the"Site Plan")in the west green belt buffer.The mound and trees planted behind the property known as 301 Millridge Dr.with a parcel number of 29-13-11-002-020.000-018 will not be removed as part of this development,and the proposed wall will be located to the north side of the existing mound and planting area. 5 . •- . - • . 1 7s . ) 1•! 1 1 • 4 '4 !•• -. . • •• • • • '_ •- • Subject Property and adjoining residential properties is maintained Existing healthy and non-invasive trees located near the south and west property lines in the green belt buffer shall be-preserved to the greatest extent reasonably possible,subject however,to the placement of the wall in these buTfer zones,which may require the removal of trees. -_ • s. '• S. •• -• . • • . •• • .-A• •• it • • .. •.? Ai4y building on the Subject Property shall feature the quality of architecture and materials similar to the buildings shown as Option 1 or Option 2 on Exhibit"C"attached hereto,but Exhibit"C"should be considered to be a I DMS 13054101v31 ch&racter imagery,and not a guarantee of architectural style,materials or colors,which shall be finally determined as.part of the Architectural Design Lighting and Sign("ADLS")process. I $— Afiy building constructed on the Subject Property shall feature four sided architecture,and be constructed predominantly with masonry materials,including brick/brick veneer or stone stone/veneer. EIFS shall be pe5rnitted,but shall not exceed twenty percent(20%)of any front facade or façade visible from a public street. Tl>6ere shall be no more than one(1)primary building located on the Subject Property,which shall be located close to4he Subject Property frontage along 106th and Illinois Street,as shown on the Site Plan. ,•• • • ••I T e, I• -• 1 • • e •a- - 4 -- •I _1 1• •1 .••1_ 41 _•• !•' ♦ . . -• to.screen mechanicals),and shall not exceed 81,700 square feet of finished floor area. 1 0 _Argy freestanding light fixtures shall feature full cut off shields and LED lights,to minimize light spill beyond the property lines of the Subject Property. The illumination from said ligJrts shall not exceed 0.5 footcandles at the west and south property lines. 1 1 - No loading or unloading berth shall be oriented to ally qdjacent residential uses unless screened from view at grade level by the masonry wall and plantings/preserved trees,described in Commitments 4 and 6 1 2 . No outside, unenclosed storage of trash shall be permitted, whether in containers or not. All trash shall be located completely within the building o in an accessory structure approved as a part of the ADLS process. The building_ owner shall contract with a trash hauler to restrict trash pickup between the hours of 7 a.m. and 7 p.m.Monday through Friday,and 10 a.m. to 5 p.m. Saturday and Sunday. 1 3 . All rooftop mechanical equipment shall be suitably shielded from view at grade level by a parapet wall or similar screening 14 . \• . •! • 1 / .0 • • •' ./1 - 1 ) • . •• •118 • 1 !_111-1 ) :IV . . I. . , 1 constructed or otherwise utilized at or on the Subject Property 1 5 . u. . ITTI_. T ♦ . 1• -• 1 1- • %1• • ' ':1 I • TS A. 0 •• I 1 •711°- • 1.1 ' As it=liesWthe B-1 District, These COMMITMENTS shall be binding on the owner,subsequent owners,and other persons acquiring an interest in the real estate. These COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the grant of Rezoning Petition#18070001Z by the Cannel Plan Commission. These COMMITMENTS may be enforced jointly and severally by the Carmel Plan Commission or the City of Carmel, Indiana. I DMS13054101vz1 The undersigned hereby authorizes the Carmel Plan Commission to record this Commitment in the office of the Recorder of Hamilton County,Indiana,upon final approval of petition# 18070001 Z. PL Properties,LLC Signature: Signature: Printed: Printed: Title/ Title/ Organization Organization Name: Name: STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State,personally appeared Steven Pitman, authorized member of PL Properties, LLC, an Indiana limited liability company, the owner of the Subject Property, who acknowledged the execution of the foregoing instrument for and on behalf of said limited liability company. Witness my hand and Notarial Seal this day of , 20 Notary Public Printed Name of Notary Public My Commission expires: My County of residence: I affirm under the penalties for perjury,that I have taken reasonable care to redact each social security number in this document unless required by law. Joseph D. Calderon This instrument was prepared by Joseph D. Calderon, Barnes& Thornburg LLP, 11 South Meridian Street, Indianapolis, Indiana 46204 DMS 13054101v31 EXHIBIT A LEGAL DESCRIPTION' A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana,described as follows: Begin at a point 660.0 feet East of the Northwest corner of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in the North line of said Quarter Section; thence East on and along the North line of said Northwest Quarter 330.0 feet to a point; thence South parallel with the West line of said Quarter Section 660.0 feet; thence West parallel with the North line of said Quarter 330.0 feet to a point; thence North parallel with said West tine of said Quarter Section 660.0 feet to the place of beginning, containing 5 acres,more or less. ALSO: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked Exhibit"B", described as follows: Commencing at the Northwest comer of said Quarter Section, designed as point "3" on said parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 990.00 feet to the Northwest corner of the property described in Instrument No. 2011006453 in the Office of the Recorder of Hamilton County, Indiana; thence along the West line of said property South 00 degrees 02 minutes 50 seconds East 137.63 feet to the point of beginning of this description, designated as point"332"on said plat;thence South 16 degrees 38 minutes 51 seconds East 127.41 feet to point"603"designated on said plat;thence Southeasterly 163.28 feet along an arc to the left and having a radius of 770.0 feet and subtended by a long chord having a bearing of South 26 degrees 24 minutes 41 seconds East and a length of 162.98 feet to point "602" designated on said plat; thence Southeasterly 270.67 feet along an arc to the right and having a radius of 640,00 feet and subtended by a long chord have a bearing of South 20 degrees 22 minutes 13 seconds Fast and a length of 268.66 feet to the South line of said property described in Instrument No. 2011006453, designated as point"601"on said plat; thence along said South line South 89 degrees 12 minutes 10 seconds West 202.10 feet to the Southwest corner of said property;thence along the West line of said property North 00 degrees 02 minutes 50 seconds West 522.71 feet to the point of beginning, containing 1.247 acres, more or less. EXCEPT: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat,marked EXHIBIT"B", described as follows: Commencing at the Northwest corner of said Quarter Section, designated as point "3" on said DMS 13054101. A-I parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 660.00 feet to the prolonged West line of the grantor 's land, and the point of beginning of this description;thence continuing along said North line North 89 degrees 09 minutes 45 seconds East 330.00 feet to the prolonged East line of the grantor's land; thence along said east line South 00 degrees 02 minutes 50 seconds East 10.00 feet to the South boundary of 106th Street; thence continuing along said East line South 00 degrees 02 minutes 50 seconds East 127.63 feet to point "332" designated on said plat; thence North 39 degrees 26 minutes 59 seconds West 116.56 feet to point "333" designated on said plat; thence South 89 degrees 37 minutes 50 seconds West 127.44 feet to point "334" designated on said plat; thence South 00 degrees 18 minutes 48 seconds West 31.17 feet to point "335" designated on said plat; thence South 89 degrees 08 minutes 24 seconds West 128.38 feet to the West line of the grantor 's land, designated as point "336"on said plat; thence along said West line North 00 degrees 02 minutes 03 seconds West 66.72 feet to the South boundary of 106th Street thence continuing along said West line North 00 degrees 02 minutes 03 seconds West 10.00 feet to the point of beginning, containing 0.517 acres, more or less, inclusive of the presently existing right-of-way which contains 0.076 aces,more or Iess. DMS 1305410Iv'5 A-2 I- 5- i ''' ' .. _ „,„ -• ; '''''' ''''' 1, „...e.'„, LU . „, 3. ' .. 'IL it_ .. "'''''''''' -.I ' 0 - . A , ,.. _.,. , - . is . * 40 .;... - .. :t. : 0 . . I , g .,._ .....A. w •. , illt ,,- .-.,,, , • :0-.. 3.16.1 , . , - w 4i41( . 14.11 1 a” 4s0 III, , ell Olt .0, Nu : 0 11 , . -I :8 trit iso ll I 12 . I ., v• . "At, • . iir lit ' • ,, . — Z 'nr0 ., ,— _ ,., - ___ "7' -...1 5- -- , . ..,, 4 ',-- ---"-.H --,..,' - . .....e. r:c1 v , - -,-, , - ,,,,....,.. • --- , ), - • & ...--J- L_LJ e'„... •-,..„:-, Ni. ,.., a fr.- 44444 *.. ? 0 ..1* .'''''''' ,, s, 0,'''''."*'''''''''' ! , .. *, .Ct7C I . Cd•AD . . 0^'5 '' . • . ..... "11 . ,,,,.....'<:,:: 0• *°. ' Cl• _ 1., ,. i.....1-1 . - . 1111111. . 4 . . —1.-- , 1 1.4..... . . _, , ilbr 4 ,..4 .. .. <=3 ., ....-3 c ' • S. "-P i• - •4'''' ' ........ _3 ,,... 40 - , c,..) , 4 -, w - ,.. -, --5 -L...1 - .•%*---,t,,, ... ,,,,- ,N, ' • .„,, ...'"" ..... .... . -. .'- ' - • i 1 a ii II 0,141 1. 41,- ; "4,* (..•k .----- ....,..- ......_ Ar e4- .., , c=) ...., --: ..... . , w - , :,“414 1- : II 1 3' li oc..._.,ld- i i% Iiii. If? :g CO, , , ?let - Apv ir - 4., LAJ ,e4 4 • .....e-4 „.10„ 4011 i i -V 1st le- 8 '- Li F-- cc ,4 c7; ''. IA -00 ile 101 c,t : Ay • Lila .7.-: .-k •111110, 'CIAO' . C= '' ... ..-- CI.. C::k 44,2 40' 4,,.. • 4". ' ..-.7, A,. *-it .7 ' ...„-k4' • -*--,,,.'4,z... 1 --,- - OPTION A ..., , Li : , . ., FT- 1 WIWI i ll Inn willi • wi mu • NI • IR!I vi ii-,. i 1 1. , - • . , - "I ,,..?....m... ;' ..ii Iii: ,I.! t..,...rr.",,,,__77-r_t_. –.: I r 1- tirli - h. 4 4 : ' 1 .1-. ' ....77....r''''. i ' 1 '' L r T]Til ! 177 ----n- 1 • ..- J _ _ , v•> '...;-,- • I' 11.ill ' • ."'.1....." ' • U 4 1 ft 5, 0 -ft, tu'-: ititt,14%. , rill i--;---ii., ttit --i,.J Nit • .. • • - •-., ;.:41;.h,..4414.iii.,... t 44-•,:,,,70ji, -4. .111X410*-`...... , „,,,-- • persow-,- raii111111b.111111111111111 OPTION B j 1 i ijr 3 ' - nos It tl.,t.r r ie -ill MO. inuoi.P111111111101111111- IN xIII,.NI:-. a dali ,• i t ,4,• ,. • •7 iiiis . , I ; .r, ; 1 i ..„ i -I NI .1 11 i . ---ri ---, , •. , , , , 1, .„,•., 4, , _ , . i °11 , _ ,d.i.4, • '1,1,„4,00446:4k.....:•,....,..,-„c„.- , ! — . - -' ' "41" =t1Pj ROPERTIES _____________________ DMS 13054101v41 C-1 Document comparison by Workshare Compare on Tuesday, August 21, 2018 9:21 :18 AM Input: Document 1 ID 'interwovenSite://BTDMS/DMS/13054101/3 Description #13054101v3<DMS> - PL Properties Carmel statement of commitments Document 2 ID interwovenSite://BTDMS/DMS/13054101/5 Description #13054101v5<DMS> - PL Properties Carmel statement of commitments Rendering set Standard Legend: Insertion Deletion Meved-ftem- Mox_e_d_to_ Stylechange Format change \loved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 61 Deletions 42 ll _ _I f _. r\ Keesling, Rachel M From: Clark,J. Murray <murray.clark@FaegreBD.com> Sent: Tuesday, August 28, 2018 1:55 PM To: Keesling, Rachel M Subject: 201 W. 106th Street: Docket No. 180700001 Rachel Per our phone conversation earlier, I wanted to give you an update about our requested changes/amendments to the last draft of the commitments in the above-referenced matter we received from Joe Calderon. I believe the last draft we have from Joe is identical to, or very close to,the last one he provided the Department. As I mentioned, we are still discussing screening and building height issues and therefore I didn't suggest any modifications to the commitments related thereto yet. So Commitments 4, 6 and 9 were not addressed. In any event, here is a summary of changes we requested. The new language by and large is highlighted in yellow. The bracketed language [] is intended to be an explanation of the changes we requested. Permitted Primary Uses. Statement of COMMITMENTS: 1. The following B-1 uses,as defined in the City of Carmel Unified Development Ordinance("UDO"), shall be the only primary uses permitted on the Subject Property: a) general agriculture(farm)(until Subject Property is developed) [limit to crops. No livestock] b) art gallery c) business school, school for vocational training for professional,business, finance,office or like jobs, and not manufacturing or building trades or mechanical labor works [redefined school, eliminated reference to "trade school"] d) clinic or medical health center e) general office f) professional office g) research laboratory/facility h) park, public i) [Commercial parking lot deleted] Permitted Accessory Uses. 2. The following B-1 uses,as defined in the UDO,shall be the only accessory uses permitted on the Subject Property: a) automated teller machine(ATM), so long as the ATM is contained within the Office Building b) private parking area c) cafeteria [deleted reference to"catering establishment"] d) restaurant,without drive-thru food sales e) day nursery, preschool, kindergarten f) fitness center or recreational facility, indoor [deleted"commercial"] g) artificial lake or pond The permitted accessory uses, if utilized, shall have as their principal purpose serving the tenants and employees of the tenants of the office building on the Subject Property and therefore their hours of operation shall not exceed those set forth below for permitted primary uses. [Added this clarifying language.] 1 Hours of Operation. 3 . It is the intent of this Commitment#3 for the office occupants in the Subject Property to generally have regular business day hours of operation. [Added clarifying/intent language.] Thus regular hours of operation for any primary use of the Subject Property shall not be earlier than 7 a.m. [was 6 am] nor later than 7 p.m [was 10pm]. Monday through Friday, and 8 a.m.to 1 p.m [was 5pm,and treated Sunday just like Saturday]. Saturday,and doors to the office building on the Subject Property shall be locked at all other times;however,nothing in this restriction shall preclude individuals from arriving earlier or staying later so long as access is limited to such individuals who are tenant personnel or accompanied by tenant personnel or are part of building ownership,management or maintenance and repair,and who have a secure means of access(keycard/keyfob or similar). Maintenance, Repair and Replacement. 5 . The wall and all landscaping and plantings shall be maintained,repaired and replaced by the Owner of the Subject Property such that the intended screening between the Subject Property and adjoining residential properties is maintained. The Owner of the Subject Property as referenced in this commitment shall refer to the current and future owners,as the case may be. [These additions intended to make clear who is ultimately responsible for upkeep,maintenance and replacement of wall and landscaping.] Commitment 7 was altered to take away the"not a guarantee"language to require that the building have the quality of architecture and matereials as shown on the Petitioner's exhibits. Building Architecture. 8 Any building constructed on the Subject Property shall feature four sided architecture,and be constructed . predominantly with masonry materials, including brick/brick veneer or stone stone/veneer. EIFS shall be permitted,but shall not exceed ten percent(10%)of any building façade and shall be limited to accent materials only. [this was my attempt to restate what I believe I heard from you about EIFS treatment.] Lighting. 10 Any freestanding light fixtures shall feature full cut off shields and LED lights,to minimize light spill beyond the property lines of the Subject Property.The illumination from said lights shall not exceed 0.1 [was 0.5] footcandles at the west and south property lines.No freestanding light fixtures exceeding fifteen feet(15')in height shall be constructed on the Subject Property. The impact on adjacent residential areas of any security lights erected on the sides of the building facing south or west shall be minimized as much as possible. Trash Structure (Commitment#12)Amended so any structure had to be architecturally compatible with the office building. Deleted referenced to ADLS process. Rooftop Mechanical Structures. 13 All rooftop mechanical equipment shall be suitably shielded from the view of adjacent residences [deleted reverence to grade level] by a parapet wall or similar screening architecturally compatible with the office building. Signage. 15 Marketing signage will be allowed on the property,and permanent signage will comply with the signage ordinance as it 2 applies to the B-1 District.Notwithstanding the foregoing,no billboards or pole signs shall be permitted on the Subject Property. No wall signs or monument signs shall be permitted on the Subject Property facing or directed south or west toward adjacent residential areas with the exception of small,unlit directional signs in or around the parking areas. [this is language we originally proposed but wasn't included in last Calderon draft.] Compliance with Conceptual Site Plan. (NEW) 16. The developer shall develop the Subject Property generally in compliance with the Conceptual Site Plan attached hereto as Exhibit , including locating the proposed office building in close proximity to and along Illinois Street, with the exception of modifications thereto made necessary by the foregoing commitments. Notwithstanding the foregoing,the location of the existing 106th Street ingress/egress point shall remain unchanged. Please feel free to contact me with additional questions, comments or information. I just wanted to make sure you and Mike had the latest from the Rosado Hill folks. J. Murray Clark Partner murray.clark@FaegreBD.com Download vCard D:+1 317 237 1433 I F:+1 317 237 8533 Faegre Baker Daniels LLP 300 N.Meridian Street I Suite 2700 I Indianapolis,IN 46204,USA Email secured by Check Point 3 Keesling, Rachel M From: Calderon, Joe <JCalderon@btlaw.com> Sent: Thursday, August 30, 2018 1:39 PM To: Clark, J. Murray; Chavez, Nathan; Keesling, Rachel M Cc: Steve Pittman;John Levinsohn Subject: PL Properties-18070001Z- Revised Commitments Attachments: 13054101_6.pdf Murray, Nathan, Rachel: here are revised rezoning commitments for the PL Properties rezoning request. I am sending these concurrently to my client, so there may be additional changes that they may require; however, we are cognizant of the time parameters and wanted to get these circulated today. A clean copy will be sent right after this redlined version. We look forward to receiving your comments. Joe Calderon I Partner Barnes &Thornburg LLP 11 South Meridian Street, Indianapolis, IN 46204-3535 Direct: (317) 231-7787 I Mobile: (317) 294-0857 I Fax: (317) 231-7433 ■ ■ BARNES & ■■ THORN BU RG LLP Atlanta I Chicago I Dallas I Delaware I Indiana I Los Angeles ( Michigan I Minneapolis I Ohio I Washington, D.C. CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. Email secured by Check Point 1 COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A VARIANCE,SPECIAL EXCEPTION OR APPROVAL GRANT. In accordance with I.C.36-7-4-1015,the owner of the real estate located in the City of Carmel,Indiana,which is described below,makes the following COMMITMENTS concerning the use and development of the parcel of real estate: Legal Description: SEE EXHIBIT"A"ATTACHED HERETO AND INCORPORATED BY REFERENCE (the"Subject Property") Statement of COMMITMENTS: 1. The following B-1 uses,as defined in the City of Carmel Unified Development Ordinance("UDO"),shall be the only primary uses permitted on the Subject Property: a) general agriculture(fano)(until Subject Property is developed));provided,however,no livestock or animals used for or in the production of food shall be permitted. b) art gallery c) usiness school,or school for vocational training for professional,business,finance office,medical or like jobs,and not including manufacturing or building trades or mechanical labor works d) clinic or medical health center e) general office f) professional office g) research laboratory/facility h) park,public i) commercial parking lot for an off-site user(paid parking for general public not permitted) 2. The following B-1 uses,as defined in the UDO,shall be the only accessory uses permitted on the Subject Property: a) automated teller machine(atm)),provided it is attached to or wholly located within the building. b) private parking area c) cafeteria,coffee or sandwich shop,bistro d) restaurant,without drive-thru food sales e) day nursery,preschool,kindergarten f) commercial recreational facility,indoor gLartificial lake or pond g) The permitted accessory uses,if utilized,shall have as their principal purpose serving only the tenants • (Formatted:Normal, No bullets or numbering and employees/invitees of permitted uses on the Subject Property,and therefore,their hours shall not exceed the hours set forth in Commitment#3 for permitted primary uses. DMS 130341044513054101v6 3. Regotwit is the intent of this Commitment#3 for the office occupants in the Subject Property to generally have regular"business day"hours of operation. Thus,regular hours of operation for any primary use of the Subject Property shall not be earlier than 67 am.nor later than 487 p.m.Monday through Friday,and 8 a.m.to 3-p12.m. Saturday,and doors to the office building on the Subject Property shall be locked at all other times; however,_W nothing in this restriction shall preclude individuals from arriving earlier or staying lata so long as access is limited to such individuals who are tenant personnel or accompanied by tenant personnel or are part of building ownership,management or maintenance and repair,and who have a secure means of access (keycard/keyfob or similar*);and(ii)any school use permitted hereunder may have evening classes up to 10:00 p.m. or Saturday classes until 4:00 p.m.. 4. The developer shall,as part of any initial construction of a building on the Subject Property,erect a masonry wall at least eight(8)feet in height,and located in the green belt buffer on the south and the west boundary,substantially as shown on the site plan attached hereto as Exhibit"B". The wall shall have the same finishes/treatments on both sides and shall be erected in a fashion so as to preserve the green belt buffer to the greatest extent reasonably possible. In addition,the developer shall plant a staggered line of arbor vitae-or,Norway spruce or similar planting material approved by the Urban Forester("Screening Plant Material")in the cutout area shown on the Site Plan(the"Site Plan") .The mound and trees planted behind the property known as 301 Millridge Dr. with a parcel number of29-13-11-002-020.000-018 will not be removed as part of this development,and the proposed wall will be located to the north side of the existing mound and planting area. 5. The wall and all plantingsScreening Plant Material shall be considered to satisfy the Bufferyard"D"requirements of the UDO,and shall be maintained,repaired and replaced by the owner of the Subject Property such that the intended screening between the Subject Property and adjoining residential properties is maintained in a thriving condition. 6. Existing healthy and non-invasive trees("Preserved Trees")located in the thirty(30)foot wide buffer near the south and west property lines shall be preserved to the greatest extent reasonably possible ("Preserved Tree Area"),subject however,to the placement of the wall' ,which may require the removal of trees. Preserved Trees removed from the Preserved Tree Area shall be replaced by may spruce-plantings-planting material meeting Bufferyard D requirements as set forth in the UDO.. 7. Any building on the Subject Property shall feature the quality of architecture and materials similar to the buildings shown as Option 1 or Option 2 on Exhibit"C"attached hereto,but Exhibit"C"should be considered to be a character imagery,and not a-guarantee-ofihe architectural style,materials or colors,whish shall be finally determined as part of the Architectural Design Lighting and Sign("ADLS")process. 8. My building constructed on the Subject Property shall feature four sided architecture,and be constructed predominantly with masonry materials,including brick/brick veneer or stone stone/veneer. EIFS shall be permitted, but• :. -: _ :::: • : :.• • :• :::.limited to an accent material only. 9. There shall be no more than one(1)primary building located on the Subject Property,which shall be located close to the Subject Property frontage along 486'"x-Illinois Street,as shown on the Site Plan. The building shall not I DMS 43051101v513054101v6 exceed three(3)stories or forty-five(45)feet in height(not including any parapet wall used to screen mechanicals), and shall not exceed 81,700 square feet of finished floor area. Unless required by the City of Carmel,the existing 106th Street curb cut shall not be matefially-relocated. The owner shall not request a relocation of the existing 106th Street curb cut. 10. Any freestanding light fixtures shall feature fill cut off shields and LED lights,to minimize light spill beyond the property lines of the Subject Property.The illumination from said lights shall not exceed 0. 1 footcandles at the west and south property lines. No freestanding light fixtures shall exceed fifteen(15)feet in height if located within fifty(50)feet of the west and south property lines. Any security lighting erected on the south or west facades of the building on the Subject Property shall be mitigated by the use of shielding or similar techniques in order to minimize impact on the adjacent residential areas. 11. No loading or unloading berth shall be oriented to any adjacent residential uses unless screened from view at grade level by the masonry wall and plantings/preserved trees,described in Commitments 4 and 6. 12. No outside,unenclosed storage of trash shall be permitted,whether in containers or not. All trash shall be located completely within the building eor in an accessory structure approved-era-part ofarchitecturally compatible with the ADLS-preeessoffrce building. The building owner shall contract with a trash hauler to restrict trash pickup between the hours of 7 a.m.and 7 p.m.Monday through Friday,and 10 a.m.to 5 p.m.Saturday and Sunday. I 13. All rooftop mechanical equipment shall be suitably shielded from the view of adjacent residences at grade level by a parapet wall or similar screening architecturally compatible with the office building. 14. No outside loudspeakers,public address systems or outdoor amplification equipment of any kind shall be erected, constructed or otherwise utilized at or on the Subject Property. 15. • . .• :... : : _ . . . - .. ._ ._-•• : -..:•_- ::_ . Marketing signage will be allowed on the property,and permanent on-premise signage will comply with the regulations in the UDO as it applies to the B-1 District. Notwithstanding the foregoing,no billboards or pole signs shall be nermitted on the Subject Property. No wall signs or freestanding signs facing or directed to the south or west residential areas shall be permitted unless(i)suitably screened from view by said residential areas:or(ii)such signs shall be unlit or externally lit. These COMMITMENTS shall be binding on the owner,subsequent owners,and other persons acquiring an interest in the real-estate.Subject Property. These COMMITMENTS may be modified or terminated by a decision of the Cannel Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the grant ofRezoning Petition#18070001Z by the Cannel Plan Commission. These COMMITMENTS may be enforced jointly and severally by the Cannel Plan Commission or the City of Cannel, Indiana. DMS 305140:513054101v6 - § \ \ « \ 2\ 4 \ I _4-30-54141,5_«+ • The undersigned hereby authorizes the Carmel Plan Commission to record this Commitment in the office of the Recorder of Hamilton County,Indiana,upon final approval of petition#18070001Z. PL Properties,LLC Signature: Signature: Printed: Printed: Title/ Title/ Organization Organization Name: Name: STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State,personally appeared Steven Pitman,authorized member of PL Properties,LLC,an Indiana limited liability company,the owner of the Subject Property,who acknowledged the execution of the foregoing instrument for and on behalf of said limited liability company. Witness my hand and Notarial Seal this day of 20 Notary Public Printed Name of Notary Public My Commission expires: My County of residence: I affirm under the penalties for perjury,that I have taken reasonable care to redact each social security number in this document unless required by law. Joseph D.Calderon This instrument was prepared by Joseph D.Calderon,Barnes&Thornburg LLP, 11 South Meridian Street, Indianapolis,Indiana 46204 DMS 1305110141305410 Iv6 EXHIBIT A LEGAL DESCRIPTION A part of the Northwest Quarter of Section 11,Township 17 North, Range 3 East in Hamilton County,Indiana,described as follows: Begin at a point 660.0 feet East of the Northwest corner of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in the North line of said Quarter Section;thence East on and along the North line of said Northwest Quarter 330.0 feet to a point; thence South parallel with the West line of said Quarter Section 660.0 feet;thence West parallel with the North line of said Quarter 330.0 feet to a point;thence North parallel with said West tine of said Quarter Section 660.0 feet to the place of beginning,containing 5 acres,more or less. ALSO: A part of the Northwest Quarter of Section 11, Township 17 North,Range 3 East in Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat,marked Exhibit"B",described as follows: Commencing at the Northwest comer of said Quarter Section, designed as point"3" on said parcel plat;thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 990.00 feet to the Northwest corner of the property described in Instrument No. 2011006453 in the Office of the Recorder of Hamilton County,Indiana; thence along the West line of said property South 00 degrees 02 minutes 50 seconds East 137.63 feet to the point of beginning of this description,designated as point"332"on said plat;thence South 16 degrees 38 minutes 51 seconds East 127.41 feet to point"603"designated on said plat;thence Southeasterly 163.28 feet along an arc to the left and having a radius of 7700 feet and subtended by a long chord having a bearing of South 26 degrees 24 minutes 41 seconds East and a length of 162.98 feet to point"602"designated on said plat;thence Southeasterly 270.67 feet along an arc to the right and having a radius of 640.00 feet and subtended by a long chord have a bearing of South 20 degrees 22 minutes 13 seconds East and a length of 268.66 feet to the South line of said property described in Instrument No.2011006453,designated as point"601"on said plat;thence along said South line South 89 degrees 12 minutes 10 seconds West 202.10 feet to the Southwest corner of said property;thence along the West line of said property North 00 degrees 02 minutes 50 seconds West 522.71 feet to the point of beginning,containing 1.247 acres,more or less. EXCEPT: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat,marked EXHIBIT"B",described as follows: Commencing at the Northwest corner of said Quarter Section,designated as point"3"on said I DMS 1:351101.5130541010 A-1 parcel plat;thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 660.00 feet to the prolonged West line of the grantor's land,and the point of beginning of this description;thence continuing along said North line North 89 degrees 09 minutes 45 seconds East 330.00 feet to the prolonged East line of the grantor's land; thence along said East line South 00 degrees 02 minutes SO seconds East 10.00 feet to the South boundary of 106th Street; thence continuing along said East line South 00 degrees 02 minutes 50 seconds East 127.63 feet to point "332" designated on said plat; thence North 39 degrees 26 minutes 59 seconds West 116.56 feet to point "333" designated on said plat; thence South 89 degrees 37 minutes 50 seconds West 127.44 feet to point"334" designated on said plat; thence South 00 degrees 18 minutes 48 seconds West 31.17 feet to point "335" designated on said plat; thence South 89 degrees 08 minutes 24 seconds West 128.38 feet to the West line of the grantor 's land, designated as point"336"on said plat;thence along said West line North 00 degrees 02 minutes 03 seconds West 66.72 feet to the South boundary of 106th Street;thence continuing along said West line North 00 degrees 02 minutes 03 seconds West 10.00 feet to the point of beginning, containing 0.517 acres, more or less, inclusive of the presently existing right-of-way which contains 0.076 aces,more or less. I DMS 43051104513054101v6 A-2 m - 3°a sag Z' di- 19 = , ,i m ei / cn K A „ . 1 { a • AA A1= - rw ala .t j r`' '� a I Ic - ' .. 4 + meg, 9 It I ' o I. #� '•1 . a! a II -, a-' r n y: c°-, 01-,� E • , C.. • r ' 1 t o . _, . 4 w m r— 11. einl 1144 �# ; •tla II: i TIL 41 ,�c p I a IIi "! ' . }.y �" - * s ..- 0 I - a i S 3� " '6 a 7 a " a . a • , ..... / U 10 mY OPTION A =WI; • NMI , MINI -- ars. „„,,,„:„ ... .. ._ we me no um No RI P MI INN NMI 11111 ' I ' 1 : . E r P I kilio /11. 0 „ •, . At. 711 . 1.1 ii.H.,:.,11 Plain au mi.--mi., -'14,7SEIL 1 L. 1 L $1417-, - -1,1- i III 77tE iiiiili .. 04*- --- - - 1 p.' ' tg4 1, ttti Thifil I litt 1 I - a. ..• ott ' ' A,.... .`e•r:A' ••. .. e• •. , ...1.• rm...." ..oNfleggialligNalliaillg OPTION B , ,. WWII IF WA^--,9r. Wit AZ MU X. 11. 11111 MN Mit,' F. !I! 01 111 11111 en OM 11111 NM 1 1 i __ 1 ii_ 1 i - . •.... Billitihmiti . ., .- :: I 1 ii ! , FIN 7 IMO I Ell AMP I i 4 i !'l RIM Ell ...,,, . - . . : 1 11111i MN Mr 1 I. . I .. .,, A • . . ,. ,.. . , - 'rk. ..iiiii * P - t 1 . — - :''7'"•••(:.* •*''''-'.....lio.-•- ; :-" Pt- - PROPERTIESji iW_ I DMS 4-3434441.4413054101v6 C-1 Keesling, Rachel M From: Clark,J. Murray <murray.clark@FaegreBD.com> Sent: Thursday, August 30, 2018 6:41 PM To: Keesling, Rachel M Subject: FW: Department Report for Committee Meetings on Tuesday September 4th, 2018 Attachments: Committee Report 2018-0904.pdf Rachel Well written report as always. I did have one question though as to your comment regarding Commitment#9. You assert that 3 stories and 45' height are required in B-1 zoning classification. Further,you state "The Dept. does not want to see a building less than 3 stories." I believe the B-1 classification says that the maximum height for the building is 45". I do not believe that 45'or 3 stories is required by ordinance and was quite surprised that you said you don't want a building less than 3 stories. Would you mind clarifying for me? I am happy to get on a phone call to discuss if that would be easier. Thanks for your attention. J. Murray Clark Partner murray.clark@FaegreBD.com Download vCard D:+1 317 237 1433 I F:+1 317 237 8533 Faegre Baker Daniels LLP 300 N.Meridian Street I Suite 2700 I Indianapolis,IN 46204,USA From:Chavez, Nathan [mailto:nchavez@carmel.in.gov] Sent:Thursday,August 30, 2018 5:03 PM To:Chavez, Nathan <nchavez@carmel.in.gov> Subject: Department Report for Committee Meetings on Tuesday September 4th, 2018 Plan Commission members, Please find attached the department report for Commercial and Residential Committee on Tuesday September 4th, 2018. Links to projects are below in blue. Residential Committee packets will be mailed to you today. The Commercial Committee will meet to consider the following items: 1. Docket No. 18050003 Z: 503 N.Arthur Drive Rezone—R-3 to B-3. No packet submitted The applicant seeks approval to rezone approximately 0.38 acres from R-3/Residential to the B-3/Business zoning district classification.The site is currently zoned R-3/Single &Two Family Residential within the Home 1 Keesling, Rachel M From: Steve Pittman <steve@pittmanpartners.com> Sent: Monday, September 3, 2018 9:03 PM To: Keesling, Rachel M Subject: Commitments-8C-PL-9_1_18.pdf Attachments: Commitments-8C-PL-9_1_18.pdf Rachel: please see my updated commitments after reviewing your comments and suggestions. When you have a chance, please call me to discuss. I would like to accept all of the changes that we agree upon and then plan on discussing at committee the areas where we have not totally aligned. I think we are very close and a conversation may help me understand a couple of areas. Regards Steve PittmanPartners0 Steve Pittman Mail: PO Box 554,Carmel, IN,46082-0554 317.590.5074 steve@pittmanpartners.com DEVELOPMENT/CONSTRUCTION/BROKERAGE/CONSULTING (► Please consider the environment before printing this e-mail.Thank you! 1 COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A VARIANCE,SPECIAL EXCEPTION OR APPROVAL GRANT. In accordance with I.C.36-7-4-1015,the owner of the real estate located in the City of Carmel,Indiana,which is described below,makes the following COMMITMENTS concerning the use and development of the parcel of real estate: Legal Description: SEE EXHIBIT`A"ATTACHED HERETO AND INCORPORATED BY REFERENCE (the "Subject Property") Statement of COMMITMENTS: 1. The following B-1 uses,as defined in the City of Cannel Unified Development Ordinance("UDO"),shall be the only primary uses permitted on the Subject Property: a) general agriculture(farm)(until Subject Property is developed); provided, however, no livestock or animals . . • • . ..._ ... shall be permitted. b) art gallery c) business school,or school for vocational training for professional,business,finance office,medical or like jobs,and not including manufacturing or building trades or mechanical labor works d) clinic or medical health center e) general office f) professional office g) research laboratory/facility h) .i) .. • . . ' - . - . ... ' •. • . 2. The following B-1 uses,as defined in the UDO,shall be the only accessory uses permitted on the Subject Property: a) automated teller machine(atm),provided it is attached to or wholly located within the building. b) private parking area c) cafeteria, coffee or sandwich shop,bistro d) restaurant,without drive-thru food sales e) day nursery,preschool,kindergarten f) commercial recreational facility, indoor g) artificial lake or pond h) park, public The permitted accessory uses,if utilized,shall have as their principal purpose serving only the tenants and employees/invitees of permitted uses on the Subject Property,and therefore,their hours shall not exceed the hours set forth in Commitment#3 for permitted primary uses. DMS 13054101v6 3. It is the intent of this Commitment#3 for the office occupants in the Subject Property to generally have regular "business day"hours of operation. Thus,regular hours of operation for any primary use of the Subject Property shall not be earlier than 7 a.m.nor later than 7 p.m.Monday through Friday,and 8 a.m.to 1 p.m.Saturday,and doors to the office building on the Subject Property shall be locked at all other times;however,(i)nothing in this restriction shall preclude individuals from arriving earlier or staying later so long as access is limited to such individuals who are tenant personnel or accompanied by tenant personnel or are part of building ownership,management or maintenance and repair,and who have a secure means of access(keycard/keyfob or similar);and(ii)any school use permitted hereunder may have evening classes up to 10:00 p.m.or Saturday classes until 4:00 p.m.. 4. The developer shall,as part of any initial construction of a building on the Subject Property,erect a masonry wall at least eight(8)feet in height,and located in the green belt buffer on the south and the west boundary,substantially as shown on the site plan attached hereto as Exhibit"B". The wall shall have the same finishes/treatments on both sides and shall be erected in a fashion so as to preserve the green belt buffer to the greatest extent reasonably possible. In addition,the developer shall plant a staggered line of arbor vitae,Norway spruce or similar planting material approved by the Urban Forester("Screening Plant Material")in the cutout area shown on the Site Plan(the"Site Plan").The mound and trees planted behind the property known as 301 Millridge Dr.with a parcel number of 29- 13-11-002-020.000-018 will not be removed as part of this development,and the proposed wall will be located to the north side of the existing mound and planting area:so that it is preserved and protected. 5. The wall and all Screening Plant Material shall be considered to satisfy the Bufferyard"D"requirements of the UDO,and shall be maintained,repaired and replaced by the owner of the Subject Property such that the intended screening between the Subject Property and adjoining residential properties is are maintained_' 6. Existing healthy and non-invasive trees("Preserved Trees")located in the thirty(30)foot wide buffer near the south and west property lines shall be preserved to the greatest extent reasonably possible("Preserved Tree Area"),subject however,to the placement of the wall,which may require the removal of trees. Preserved Trees removed from the Preserved Tree Area shall be replaced by planting material meeting Bufferyard D requirements as set forth in the UDO..As part of the DP/ADLS approval process the developer will provide a tree inventory of the Preserved Tree Area and will work with the City of Cannel Urban Forester on a tree protection plan. 7. Any building on the Subject Property shall feature the quality of architecture and materials similar to the buildings shown as Option 1 or Option 2 on Exhibit"C"attached hereto,but Exhibit"C"should be considered to be a character imagery,and the architectural style,materials or colors shall be finally determined as part of the Architectural Design Lighting and Sign("ADLS")process. • - - - .- - . - • . -- - •• - - 8. Any building constructed on the Subject Property shall feature four sided architecture,and be constructed predominantly with masonry materials,including brick/brick veneer or stone stone/veneer. E's'c shall be pe""""ed •-- _. . ..• . __ . - • .. .• . Stucco and EIFS may also be applied as trim details,but shall not exceed ten percent(10%)of the overall non-window facade area. Concrete block is not allowed as an exterior finish material. 9. There shall be no more than one(1)primary building located on the Subject Property,which shall be located close to DMS 13054101v6 the Subject Property frontage along Illinois Street,as shown on the Site Plan. The building shall not exceed three(3) stories or forty-five(45)feet in height per the B-1 Zoning Ordinance(not including any parapet wall used to screen mechanicals),and shall not exceed 81,700 square feet of finished floor area. Unless required by the City of Cannel, the existing 106th Street curb cut shall not be relocated. The owner shall not request a relocation of the existing 106th Street curb cut. 10. Any freestanding light fixtures shall feature full cut off shields and LED lights,to minimize light spill beyond the property lines of the Subject Property.The illumination from said lights shall not exceed 0.1 footcandles at the west and south property lines. NeAny freestanding light erected within ninety feet(90')of fixtures shall exceed fifteen • • • ~ ' . _ ' -•- ! •• the west and south property lines shall not exceed fifteen feet (15')in height. Any security lighting erected on the south or west facades of the building on the Subject Property shall be mitigated by the use of shielding or similar techniques in order to minimize impact on the adjacent residential areas. 11. No loading or unloading berth shall be oriented to any adjacent residential uses unless screened from view at grade level by the masonry wall and plantings/preserved trees,described in Commitments 4 and 6. 12. No outside,unenclosed storage of trash shall be permitted,whether in containers or not. All trash shall be located completely within the building or in an accessory structure architecturally compatible with the office building. The building owner shall contract with a trash hauler to restrict trash pickup between the hours of 7 a.m.and 7 p.m. Monday through Friday,and 10 a.m.to 5 p.m. Saturday and Sunday.Additionally,all non-emergency maintenance of the exterior of the Subject Property that creates noice like lawn mowing and leaf blowing '. . , . -_ • .•• _ .. -t . , _ -. shall also occur between the hours of 7 a.m.and 7 p.m. Monday through Friday,and 10 a.m.to 5 p.m. Saturday and Sunday. 13. All rooftop mechanical equipment shall be suitably shielded from the view of adjacent residences at grade level by a parapet wall or similar screening architecturally compatible with the office building. 14. No outside loudspeakers,public address systems or outdoor amplification equipment of any kind shall be erected, constructed or otherwise utilized at or on the Subject Property. 15. .. - - - . - . .- . - - • - -• • • - - .. . • . - ._ -. ' . _ • .All signage must comply with the Sign Ordinance. These COMMITMENTS shall be binding on the owner,subsequent owners,and other persons acquiring an interest in the Subject Property. These COMMITMENTS may be modified or terminated by a decision of the Cannel Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the grant of Rezoning Petition#18070001Z by the Cannel Plan Commission. DMS 13054101v6 These COMMITMENTS may be enforced jointly and severally by the Cannel Plan Commission or the City of Cannel, Indiana. DMS 13054101v6 The undersigned hereby authorizes the Carmel Plan Commission to record this Commitment in the office of the Recorder of Hamilton County,Indiana,upon final approval of petition# 18070001Z. PL Properties,LLC Signature: Signature: Printed: Printed: Title/ Title/ Organization Organization Name: Name: STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State,personally appeared Steven Pitman, authorized member of PL Properties, LLC, an Indiana limited liability company, the owner of the Subject Property, who acknowledged the execution of the foregoing instrument for and on behalf of said limited liability company. Witness my hand and Notarial Seal this day of , 20 Notary Public Printed Name of Notary Public My Commission expires: My County of residence: I affirm under the penalties for perjury,that I have taken reasonable care to redact each social security number in this document unless required by law. Joseph D. Calderon This instrument was prepared by Joseph D. Calderon, Barnes& Thornburg LLP, 11 South Meridian Street, Indianapolis, Indiana 46204 DMS 13054101v6 EXHIBIT A LEGAL DESCRIPTION A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana,described as follows: Begin at a point 660.0 feet East of the Northwest corner of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in the North line of said Quarter Section; thence East on and along the North line of said Northwest Quarter 330.0 feet to a point; thence South parallel with the West Ziac of said Quarter Section 660.0 feet; thence West parallel with the North line of said Quarter 330.0 feet to a point thence North parallel with said West line of said Quarter Sectioo 660.0 feet to the place of beginning, containing 5 acres, more or less. ALSO: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked Exhibit"B", described as follows: Commencing at the Northwest corner of said Quarter Section, designed as point "3" on said parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 990.00 feet to the Northwest corner of the property described in Instrument No. 2011006453 ui the Office of the Recorder of Hamilton County, Indiana; thence along the West line of said property South 00 degrees 02 minutes 50 seconds East 137.63 feet to the point of beginning of this description, designated as point "332"on said plat;thence South 16 degrees 38 minutes 51 seconds East 127.4I feet to point"603"designated on said plat; thence Southeasterly 16328 feet along an arc to the left and having a radius of 770.0 feet and subtended by a long chord having a bearing of South 26 degrees 24 minutes 41 seconds East and a length of 162.98 feet to point "602" designated on said plat; thence Southeasterly 270.67 feet along an arc to the right and having a radius of 640.00 feet and subtended by a long chord have a bearing of South 20 degrees 22 minutes 13 seconds Past and a length of 268.66 feet to the South line of said property described in Instrument No. 2011006453, designated as point"601"on said plat; thence along said South line South 89 degrees 12 minutes 10 seconds West 202.10 feet to the Southwest corner of said property;thence along the West line of said property North 00 degrees 02 minutes 50 seconds West 522.71 feet to the point of beginning, containing 1.247 acres,more or less. EXCEPT: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on.the attached Right of Way Parcel Plat,marked EXHIBIT"B", described as follows: Commencing at the Northwest corner of said Quarter Section, designated as point "3" on said DMS 13054101v6 A-1 parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 660.00 feet to the prolonged West line of the grantor 's land, and the point of beginning of this description;thence continuing along said North line North 89 degrees 09 minutes 45 seconds East 330.00 feet to the prolonged East line of the grantor's land; thence along said East line South 00 degrees 02 minutes 50 seconds East 10.00 feet to the South boundary of 106th Street; thence continuing along said East line South 00 degrees 02 minutes 50 seconds East 127.63 feet to point "332" designated on said plat; thence North 39 degrees 26 minutes 59 seconds West 116.56 feet to point "333" designated on said plat; thence South 89 degrees 37 minutes 50 seconds West 127.44 feet to point "334" designated on said plat; thence South 00 degrees 18 minutes 48 seconds West 31,17 feet to point "335" designated on said plat; thence South 89 degrees 08 minutes 24 seconds West 128.38 feet to the West line of the grantor 's land, designated as point"336"on said plat; thence along said West line North 00 degrees 02 minutes 03 seconds West 66.72 feet to the South boundary of 106th Street; thence continuing along said West line North 00 degrees 02 minutes 03 seconds West 10.00 feet to the point of beginning, containing 0,517 acres, more or less, inclusive of the presently existing right-of-way which contains 0.076 aces,more or less. DMS 13054101,6 A-2 ''',,, .) ,, \\i0 •.w EXISTING MEDIAN TO RE EXTENDED �, . • 44, WEST OF ENTRY . o)., ,,,, 00.,,. , t ` l t \\\\\ T !(hili ., 1 17f ?' \ , ,,, \ \ ,‘ , 1 PROPOSED -\ . BUILDING \ ak CC o . '\ \ , Z \ >- cc - - - V V iTc Y ` DRY— o — DETENTION O'SETBACK/GREEN BUFFER 8'PRIVACYWALL PL PROPERTIES `•I LU1W iViLi;L.`t1L. rFICE PROJECT, CARMEL IN WOO L P E R T August 30,2018 OPTION A ,...1.1.... Aim 11=IMMM=1111•11111111IMINNEI um at... C, ,111111 IIIIIin No u P ON0 t L i i--Par 11 I .412. .„ ._ ' -411 .. . ali — .4 • ' 1 _ IIIII" _HP.---it ' TifJ, If 1 7-,f: . ..... ..........„,...7,1i7. ....... ., > ..• _ , al III , --...... -1""-76."kr:‘1111r*Illi ' ai 44 I 4,,,,- ,ii, ta t • • ' i-. 07- 1111111 - le° 4.1116,..../0riaam."-• •0% , .-,..:f_ . . ";,. • .... '''.6‘,....:Titaii.,...• - '70('. • '7 **CA,.-'' .-161116"*""-""` ': '' . ......----,- --.1/11111111NNIMIIIIIME OPTION B . . .... ,..........._, ,.....__:, ..,-... ...I...L ..... is M. EN •u •u MI NI MI IN .ii' I -----i --'--- -1 11 1 ' lirliiiii . II"' • I ; ••: ;:4.:".: ,' ",' 7 ". '' • • I 1 '.;I 1.• . , - 11;74 on•ilm so' 1=1 7 ; ! , ... _ • 1 ini III I 10 ili ft. i - il ... ,•> , — 1 1 file MI WP ...e . ; .. . ,.... 1 1 - ,........ - „P4•11";* . . P --— i.I' til!'1. 1 .. , ..4± : • ,, .... . r. , -.. v . _ ni." 4 - _ A - - — . - - ' • -- - . _____________--. _ 'd'--. 7 ' ,. .. 70(... . ..•.. : 4..44111111,b....n.4......L. .1—4".4...- ,,04....' li .-..,......-.............. ..._ PROPERTIES Ig t 1 ArZFriCE4PROlfeT . , :,,:....,•:,;:: .,,=„:. 1•001_kik—o .... _..,., DMS 13054101v6 C-1 Keesling, Rachel M From: Steve Pittman <steve@pittmanpartners.com> Sent: Tuesday, September 4, 2018 2:16 PM To: Keesling, Rachel M Subject: Commitments-8C-PL-9_4_18.pdf Attachments: Commitments-8C-PL-9_4_18.pdf Rachel:a little clean up. Let me know when you can go over. Steve 1 COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A VARIANCE,SPECIAL EXCEPTION OR APPROVAL GRANT. In accordance with I.C.36-7-4-1015,the owner of the real estate located in the City of Cannel,Indiana,which is described below,makes the following COMMITMENTS concerning the use and development of the parcel of real estate: Legal Description: SEE EXHIBIT`A"ATTACHED HERETO AND INCORPORATED BY REFERENCE (the "Subject Property') Statement of COMMITMENTS: 1. The following B-1 uses,as defined in the City of Cannel Unified Development Ordinance("UDO"),shall be the only primary uses permitted on the Subject Property: a) general agriculture(farm)(until Subject Property is developed); provided,however, no livestock or animals . •• •- . :: ._ . ..: shall be permitted. b) art gallery c) business school,or school for vocational training for professional,business,finance office,medical or like jobs,and not including manufacturing or building trades or mechanical labor works d) clinic or medical health center e) general office f) professional office g) research laboratory/facility h) park, public i) commercial parking lot for an off site user(paid parking for general public not permitted) 2. The following B-1 uses,as defined in the UDO,shall be the only accessory uses permitted on the Subject Property: a) automated teller machine(atm),provided it is attached to or wholly located within the building. b) private parking area c) cafeteria,coffee or sandwich shop,bistro d) restaurant,without drive-thru food sales e) day nursery,preschool,kindergarten f) commercial recreational facility, indoor g) artificial lake or pond h) park, public The permitted accessory uses, if utilized,shall have as their principal purpose serving only the tenants and employees/invitees of permitted uses on the Subject Property,and therefore,their hours shall not exceed the hours set forth in Commitment#3 for permitted primary uses. DMS 13054101v6 3. It is the intent of this Commitment#3 for the office occupants in the Subject Property to generally have regular "business day"hours of operation. Thus,regular hours of operation for any primary use of the Subject Property shall not be earlier than 7 a.m.nor later than 7 p.m.Monday through Friday,and 8 a.m.to 1 p.m.Saturday,and doors to the office building on the Subject Property shall be locked at all other times;however,(i)nothing in this restriction shall preclude individuals from arriving earlier or staying later so long as access is limited to such individuals who are tenant personnel or accompanied by tenant personnel or are part of building ownership,management or maintenance and repair,and who have a secure means of access(keycard/keyfob or similar);and(ii)any school use permitted hereunder may have evening classes up to 10:00 p.m.or Saturday classes until 4:00 p.m.. 4. The developer shall,as part of any initial construction of a building on the Subject Property,erect a masonry wall at least eight(8)feet in height,and located in the green belt buffer on the south and the west boundary,substantially as shown on the site plan attached hereto as Exhibit"B". The wall shall have the same finishes/treatments on both sides and shall be erected in a fashion so as to preserve the green belt buffer to the greatest extent reasonably possible. In addition,the developer shall plant a staggered line of arbor vitae,Norway spruce or similar planting material approved by the Urban Forester("Screening Plant Material")in the cutout area shown on the Site Plan(the"Site Plan").The mound and trees planted behind the property known as 301 Millridge Dr.with a parcel number of 29- 13-11-002-020.000-018 will not be removed as part of this development,and the proposed wall will be located to the north side of the existing mound and planting area.so that it is preserved and protected. 5. The wall and all Screening Plant Material shall be considered to satisfy the Bufferyard"D"requirements of the UDO,and shall be maintained,repaired and replaced by the owner of the Subject Property such that the intended screening between the Subject Property and adjoining residential properties is are maintained_' 6. Existing healthy and non-invasive trees("Preserved Trees")located in the thirty(30)foot wide buffer near the south and west property lines shall be preserved to the greatest extent reasonably possible("Preserved Tree Area"),subject however,to the placement of the wall,which may require the removal of trees. Preserved Trees removed from the Preserved Tree Area shall be replaced by planting material meeting Bufferyard D requirements as set forth in the UDO..As part of the Devlopment Plan("DP")/Architectural Design Lighting and Sign("ADLS")approval process, the applicant shall conduct a tree inventory within the Preserved Tree Area,and work with the City of Carmel Urban Forester to create a mutually acceptable tree preservation plan. 7. Any building on the Subject Property shall feature the quality of architecture and materials similar to the buildings shown as Option 1 or Option 2 on Exhibit"C"attached hereto,but Exhibit"C"should be considered to be a character imagery,and the architectural style,materials or colors shall be finally determined as part of the •• _ . - -- •_- --:- "ADLS process.. . . - - • - - - . .' .•- 8. Any building constructed on the Subject Property shall feature four sided architecture,and be constructed predominantly with masonry materials,including brick/brick veneer or stone stone/veneer. EIFS shall be pe...,,itted1, .. •• . . .• .__ - . _ '. . Stucco and EIFS may also be applied as trim details,but shall not exceed ten percent(10%)of the overall mow facade area not including doors,windows or other openings. Concrete block is not allowed as an exterior finish material. DMS 13054101v6 9. There shall be no more than one(1)primary building located on the Subject Property,which shall be located close to the Subject Property frontage along Illinois Street,as shown on the Site Plan. The building shall not exceed three(3) stories or forty-five(45)feet in height per the B-1 Zoning Ordinance(not including any parapet wall used to screen mechanicals),and shall not exceed 81,700 square feet of finished floor area. Unless required by the City of Cannel, the existing 106th Street curb cut shall not be relocated. The owner shall not request a relocation of the existing 106th Street curb cut. 10. Any freestanding light fixtures shall feature full cut off shields and LED lights,to minimize light spill beyond the property lines of the Subject Property.The illumination from said lights shall not exceed 0.1 footcandles at the west and south property lines. No_freestanding light-fixtures shall exceed fifteen(15)feet in height if located within€iffy (S ninety(90)feet of the west and south property line ' . Any security lighting erected on the south or west facades of the building on the Subject Property shall be mitigated by the use of shielding or similar techniques in order to minimize impact on the adjacent residential areas. 11. No loading or unloading berth shall be oriented to any adjacent residential uses unless screened from view at grade level by the masonry wall and plantings/preserved trees,described in Commitments 4 and 6. 12. No outside,unenclosed storage of trash shall be permitted,whether in containers or not. All trash shall be located completely within the building if there is underground parking/storage structure or in an accessory structure architecturally compatible with the office building. The building owner shall contract with a trash hauler to restrict trash pickup between the hours of 7 a.m.and 7 p.m.Monday through Friday,and 10 a.m.to 5 p.m.Saturday and Sunday.Additionally,all non-emergency maintenance of the exterior of the Subject Property that creates noise at levels which exceed 90 decibels at the property line,such as lawn mowing and leaf blowing'i.e. law~mowing leaf . . • , .• . -• - _ . _ ..• , shall also occur between the hours of 7 a.m.and 7 p.m. Monday through Friday,and 10 a.m.to 5 p.m. Saturday and Sunday.For purposes of this restriction,snow/ice plowing or treatment shall not be included as a restricted activity. 13. All rooftop mechanical equipment shall be suitably shielded from the view of adjacent residences at grade level by a parapet wall or similar screening architecturally compatible with the office building. 14. No outside loudspeakers,public address systems or outdoor amplification equipment of any kind shall be erected, constructed or otherwise utilized at or on the Subject Property. . • ..• . . • -- . • .All signage must comply with the Sign Ordinance. These COMMITMENTS shall be binding on the owner,subsequent owners,and other persons acquiring an interest in the Subject Property. These COMMITMENTS may be modified or terminated by a decision of the Cannel Plan Commission made at a public hearing after proper notice has been given. DMS 13054101v6 COMMITMENTS contained in this instrument shall be effective upon the grant of Rezoning Petition#18070001Z by the Carmel Plan Commission. These COMMITMENTS may be enforced jointly and severally by the Carmel Plan Commission or the City of Carmel, Indiana. DMS 13054101v6 The undersigned hereby authorizes the Carmel Plan Commission to record this Commitment in the office of the Recorder of Hamilton County,Indiana,upon final approval of petition# 18070001Z. PL Properties,LLC Signature: Signature: Printed: Printed: Title/ Title/ Organization Organization Name: Name: STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State,personally appeared Steven Pitman, authorized member of PL Properties, LLC, an Indiana limited liability company, the owner of the Subject Property, who acknowledged the execution of the foregoing instrument for and on behalf of said limited liability company. Witness my hand and Notarial Seal this day of , 20 Notary Public Printed Name of Notary Public My Commission expires: My County of residence: I affirm under the penalties for perjury,that I have taken reasonable care to redact each social security number in this document unless required by law. Joseph D.Calderon This instrument was prepared by Joseph D. Calderon, Barnes& Thornburg LLP, 11 South Meridian Street, Indianapolis, Indiana 46204 DMS 13054101v6 EXHIBIT A LEGAL DESCRIPTION A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana,described as follows: Begin at a point 660.0 feet East of the Northwest corner of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in the North line of said Quarter Section; thence East on and along the North line of said Northwest Quarter 330.0 feet to a point; thence South parallel with • the West line of said Quarter Section 660.0 feet; thence West parallel with the North line of said Quarter 330.0 feet to a point; thence North parallel with said West line of said Quarter Sectioo 660.0 feet to the place of beginning, containing 5 acres,more or less. ALSO: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat,marked Exhibit"B", described as follows: Commencing at the Northwest corner of said Quarter Section, designed as point "3" on said parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 990.00 feet to the Northwest corner of the property described in Instrument No. 2011006453 in the Office of the Recorder of Hamilton County, Indiana; thence along the West line of said property South 00 degrees 02 minutes 50 seconds East 137.63 feet to the point of beginning of this description, designated as point"332"on said plat;thence South 16 degrees 38 minutes 51 seconds East 127.41 feet to point"603"designated on said plat;thence Southeasterly 16328 feet along an arc to the left and having a radius of 770.0 feet. and subtended by a long chord having a bearing of South 26 degrees 24 minutes 41 seconds East and a length of 162.98 feet to point "602" designated on said plat; thence Southeasterly 270.67 feet along an arc to the right and having a radius of 640,00 feet and subtended by a long chord have a bearing of South 20 degrees 22 minutes 13 seconds Fast and a length of 268.66 feet to the South line of said property described in Instrument No. 2011006453, designated as point"601"on said plat; thence along said South line South 89 degrees 12 minutes 10 seconds West 202.10 feet to the Southwest corner of said property;thence along the West Line of said property North 00 degrees 02 minutes 50 seconds West 522.71 feet to the point of beginning, containing 1.247 acres,more or less. EXCEPT: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on.the attached Right of Way Parcel Plat,marked EXHIBIT"B", described as follows: Commencing at the Northwest corner of said Quarter Section, designated as point "3" on said DMS 13054101v6 A-I parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 660.00 feet to the prolonged West line of the grantor 's land, and the point of beginning of this description;thence continuing along said North line North 89 degrees 09 minutes 45 seconds East 330.00 feet to the prolonged East line of the grantor's land; thence along said East line South 00 degrees 02 minutes 50 seconds East 10.00 feet to the South boundary of 106th Street; thence continuing along said East line South 00 degrees 02 minutes 50 seconds East 127.63 feet to point "332" designated on said plat; thence North 39 degrees 26 minutes 59 seconds West 11636 feet to point "333" designated on said plat; thence South 89 degrees 37 minutes 50 seconds West 127A4 feet to point "334" designated on said plat; thence South 00 degrees 18 minutes 48 seconds West 31,17 feet to point "335" designated on said plat; thence South 89 degrees 08 minutes 24 seconds West 12838 feet to the West line of the grantor 's land, designated as point "336"on said plat; thence along said West line North 00 degrees 02 minutes 03 seconds West 66.72 feet to the South boundary of 106th Street; thence continuing along said West line North 00 degrees 02 minutes 03 seconds West 10.00 feet to the point of beginning, containing 0317 acres, more or less, inclusive of the presently existing right-of-way which contains 0.076 aces,more or less. DMS 13054101v6 A-2 pu+'E Pa : ,,,,,,, ' 7: for t , „„, TMe M. ,x ,', ,;r:-T,'*,,V,:,..,."'",,,,,..: ,,, ' —,,,,,,,o-, 1,, , ' -4-,- t4., - --- , / to PROPOSED ,, BUILDING ;\ 0 r DRY p _ . DETENTION • O'SETBACK 'EfN BUFFS' _.I Pl. PROPERTIES `-,;,'- COM ER(IA 1-FICE PROJECT, CARMEL INWOOL PR T. DMS 13054101v613054101v7 B-1 OPTION A . ..... . .;11 _ ... -aim Emu - ill NI MI MI XII NI MI I. NI MI II IIIII 1 ' I -mow 1 RIO 11111 I ---,--r,-1", = ti.,.._... ^t, • r , 1....,:eti . , I amioaminommii . ._ ..._ t101.. Irmolgetweek . .. -03.0.- ,. d AO' AMNIF OPTION B iiiiiii._ 7 .. ni..:. in...n.....00........i......i...,..:10.1.,, ....___, _,.._ , .1.. .----tt 4 • i t 1 1 I I i • s t . • - " "n. Ira 1 —-------- 111111 I 111111 1111.11 I 91 I III ill I t 1 I 1 i,.. f=i i • ..„,. ... i_.. '.1101 .1 ' 1 , " •,.4) , i Jo 4.-.-.11 j'-.. ---V__.._, 7 telf**' '.-- , • , 14.4Pittiikkag,‘ ..•*- ' -.Id, * * Y 4. ii '......41141111.11b.,..4....,:41L4"'"-- ' ...-1.-- • =Pri:Sj ROPERTIES , . . DMS 13054101v6 c-1 Keesling, Rachel M From: Steve Pittman <steve@pittmanpartners.com> Sent: Thursday, September 20, 2018 12:14 PM To: Keesling, Rachel M Cc: 'Joseph D. Calderon'; John Levinsohn Subject: 10580 N. Illinois Street - Office Park Attachments: Redline_ PL Properties Carmel statement of commitments.PDF Rachel: I have attached the most recent changes to our commitments based upon the comments we received at our last committee meeting. I sent this to you previously, however, I forgot to make the appropriate change to our site plan. If you notice in commitment#4 we refer to a cutout area but our site plan did not specify where the cutout area was located. As a result, we are now calling out the cutout area on the updated site plan. After our last committee meeting, we set up a meeting with the neighbors to the west that was attended by their attorney, Murray Clark. We showed Murray specifically where we were agreeing to do the "additional landscaping" for his client. We have not heard back from Mr. Clark since that meeting. Please confirm that all of the appropriate changes have been made at your earliest convenience. Once I hear back from you, our counsel,Joe Calderon will send you a packet for the committee members with a cover letter. Regards Steve Pi iiianPartners .. Steve Pittman Mail: PO Box 554,Carmel, IN,46082-0554 317.590.5074 steve@pittmanpartners.com DEVELOPMENT/CONSTRUCTION/BROKERAGE/CONSULTING Please consider the environment before printing this e-mail.Thank you! 1 COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A VARIANCE, SPECIAL EXCEPTION OR APPROVAL GRANT. In accordance with I.C.36-7-4-1015,the owner of the real estate located in the City of Cannel,Indiana,which is described below,makes the following COMMITMENTS concerning the use and development of the parcel of real estate: Legal Description: SEE EXHIBIT`A"ATTACHED HERETO AND INCORPORATED BY REFERENCE (the "Subject Property') Statement of COMMITMENTS: 1 . The following B-1 uses,as defined in the City of Carmel Unified Development Ordinance("UDO"),shall be the only primary uses permitted on the Subject Property: a) general agriculture(farm)(until Subject Property is developed);provided,however,no livestock or animals shall be permitted. b) art gallery c) business school,or school for vocational training for professional,business,finance office,medical or like jobs, and not including manufacturing or building trades or mechanical labor works d) clinic or medical health center e) general office f) professional office g) research laboratory/facility 2 . The following B-1 uses,as defined in the UDO,shall be the only accessory uses permitted on the Subject Property: a) automated teller machine(atm),provided it is attached to or wholly located within the building. b) private parking area c) cafeteria,coffee or sandwich shop,bistro d) restaurant,without drive-thru food sales e) day nursery,preschool,kindergarten f) commercial recreational facility,indoor g) artificial lake or pond Ihl Open Space The permitted accessory uses,if utilized,shall have as their principal purpose serving only the tenants and employees/invitees of permitted uses on the Subject Property,and therefore,their hours shall not exceed the hours set forth in Commitment#3 for permitted primary uses. 3 . It is the intent of this Commitment#3 for the office occupants in the Subject Property to generally have regular"business day"hours of operation. Thus,regular hours of operation for any primary use of the Subject Property shall not be earlier than 7 a.m.nor later than 7 p.m.Monday through Friday,and 8 a.m.to 1 p.m.Saturday,and doors to the office building on the Subject Property shall be locked at all other times;however,(i)nothing in this restriction shall preclude individuals from arriving earlier or staying later so long as access is limited to such individuals who are tenant personnel or accompanied by tenant personnel or are part of building ownership,management or maintenance and repair,and who DMS 13054101NA have a secure means of access(keycard/keyfob or similar);and(ii)any school use permitted hereunder may have evening classes up to 10:00 p.m.or Saturday classes until 4:00 p.m.. 4 . The developer shall,as part of any initial construction of a building on the Subject Property,erect a masonry wall at least eight(8)feet in height,and located in the green belt buffer on the south and the west boundary,substantially as shown on the site plan attached hereto as Exhibit"B". The placement of the wall is subject to the approval of the City of Carmel UrbanForester("Urban Forester")._The wall shall have the same finishes/treatments on both sides and shall be erected in a fashion so as to preserve the green belt buffer to the greatest extent reasonably possible. In addition,the developer shall plant a staggered line of arbor vitae,Norway spruce or similar planting material approved by the Urban Forester ("Screening Plant Material")in the cutout area shown on the Site Plan(the"Site Plan").The mound and trees planted behind the property known as 301 Millridge Dr.with a parcel number of 29-13-11-002-020.000-018 will not be removed as part of this development,and the proposed wall will be located to the north side of the existing mound and planting area so that it is preserved and protected. 5 . The wall and all Screening Plant Material shall be considered to satisfy the Bufferyard"D"requirements of the UDO,and shall be maintained,repaired and replaced by the owner of the Subject Property such that the intended screening between the Subject Property and adjoining residential properties is maintained. 6. Ex'isting healthy and non-invasive trees("Preserved Trees")located in the thirty(30)foot wide buffer near the south and west property lines shall be preserved to the greatest extent reasonably possible("Preserved Tree Area"),subject however,to the placement of the wall,which may require the removal of trees. Preserved Trees removed from the Preserved Tree Area shall be replaced by planting material meeting Bufferyard D requirements as set forth in the UDO. As part of the Architectural Design Lighting and Sign("ADLS")approval process,the applicant shall conduct a tree inventory within the Preserved Tree Area,and work with the Urban Forester to create a mutually acceptable tree preservation plan. 7 . Ally building on the Subject Property shall feature the quality of architecture and materials similar to the buildings shown as.Option 1 or Option 2 on Exhibit"C"attached hereto,but Exhibit"C"should be considered to be a character imagery, and the architectural style,materials or colors shall be finally determined as part of the ADLS process. 8 . Afiy building constructed on the Subject Property shall feature four sided architecture.A minimum of three materials shall be used for building exteriors from the following list:stone,brick,architectural pre-cast(panels or detailing), architectural metal panels,glass,and ornamental metal. Stucco and EIFS may also be applied as trim details,but shall not exceed 10%of the overall non-window façade area. Concrete block is not allowed as an exterior finish material unless it is on the garage level. , 9. 'Mere shall be no more than one(1)primary building located on the Subject Property,which shall be located -to the within five feet 5' of the fifteen foot t e C greenbelt buffer re uired along the Illinois Street frontage of the Subject Property,as shown on the Site Plan. The building shall not exceed three(3)stories or forty-five(45)feet in height per the B-1 requirements per the UDO(not including any parapet wall used to screen mechanicals),and shall not exceed 81,700 square feet of finished floor area. Unless required by the City of Carmel,the existing 106th Street curb cut shall not be relocated. The owner shall not request a relocation of the existing 106th Street curb cut. 10 . Any freestanding light fixtures shall feature full cut off shields and LED lights,to minimize light spill beyond the property DMS 13054101vn. lines of the Subject Property.The illumination from said lights shall not exceed 0.1 footcandles at the west and south property lines. No freestanding light fixtures shall exceed fifteen(15)feet in height if located within ninety(90)feet of the west and south property lines. Any security lighting erected on the south or west facades of the building on the Subject Property shall be mitigated by the use of shielding or similar techniques in order to minimize impact on the adjacent residential areas. 11 .No loading or unloading berth shall be oriented to any adjacent residential uses unless screened from view at grade level by the masonry wall and plantings/preserved trees,described in Commitments 4 and 6. 12 .No outside,unenclosed storage of trash shall be permitted,whether in containers or not. All trash shall be located completely within the building if there is underground parking/storage structure or in an accessory structure architecturally compatible with the office building. The building owner shall contract with a trash hauler to restrict trash pickup between the hours of 7 a.m.and 7 p.m.Monday through Friday,and 10 a.m.to 5 p.m.Saturday and Sunday. . Additionally,all non-emergency maintenance of the exterior of the Subject Property that creates noise at levels which exceed 90 decibels at the property line,such as lawn mowing and leaf blowing shall also occur between the hours of 7 a.m.and 7 p.m.Monday through Friday,and 10 a.m.to 5 p.m.Saturday and Sunday.For purposes of this restriction, snow/ice plowing or treatment shall not be included as a restricted activity. 13 . All rooftop mechanical equipment shall be suitably shielded from the view of adjacent residences at grade level by a parapet wall or similar screening architecturally compatible with the office building. 14 .No outside loudspeakers,public address systems or outdoor amplification equipment of any kind shall be erected, constructed or otherwise utilized at or on the Subject Property. 15 . TheNo portion of the parking lot(including driveways)shall be relocated closer than 30'from the south and west property lines. 1_6—Any outside area or ronfiop deck associatedwiththe building_Qat. . e.' .• - t •- • . • . • - light and use restrictions contained in these commitment 7 . L1 <.. ' • . . . ' • e e I •• � -s• '., .s,' , •'" A 8, occur no later than application for an improvement location permit. 1h Bicycle parking shall be provided as per the UDO. Bicycle parking shall be located in any covered parking garage; however,if n• Garage is provided,bicycle parking shall be suit. v covered• .. . • • -•yajg 18 IP• These COMMITMENTS shall be binding on the owner,subsequent owners,and other persons acquiring an interest in the Subject Property. These COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the grant of Rezoning Petition#18070001Z by the Cannel Plan Commission. These COMMITMENTS may be enforced jointly and severally by the Cannel Plan Commission or the City of Cannel, Indiana. DMS 13054101vql The undersigned hereby authorizes the Carmel Plan Commission to record this Commitment in the office of the Recorder of Hamilton County,Indiana,upon final approval of petition# 18070001 Z. PL Properties,LLC Signature: Printed: Title/Organization Name: STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State,personally appeared Steven Pitman, authorized member of PL Properties, LLC, an Indiana limited liability company, the owner of the Subject Property, who acknowledged the execution of the foregoing instrument for and on behalf of said limited liability company. Witness my hand and Notarial Seal this day of , 20 Notary Public Printed Name of Notary Public My Commission expires: My County of residence: I affirm under the penalties for perjury,that I have taken reasonable care to redact each social security number in this document unless required by law. Joseph D. Calderon This instrument was prepared by Joseph D. Calderon, Barnes& Thornburg LLP, 11 South Meridian Street, Indianapolis, Indiana 46204 DMS 130541010, EXHIBIT A LEGAL DESCRIPTION A part of the Northwest Quarter of Section II, Township 17 North, Range 3 East in Hamilton County, Indiana,described as follows: Begin at a point 660.0 feet East of the Northwest corner of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in the North line of said Quarter Section; thence East on and along the North line of said Northwest Quarter 330.0 feet to a point; thence South parallel with the West line of said Quarter Section 660.0 feet; thence West parallel with the North line of said Quarter 330.0 feet to a point thence North parallel with said West line of said Quarter Section 660.0 feet to the place of beginning,containing 5 acres,more or less. ALSO: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in. Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Nat,marked Exhibit"B", described as follows: Commencing at the Northwest corner of said Quarter Section, designed as point "3" on said parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 990.00 feet for the Northwest corner of the property described in Instrument No. 2011006453 in the Office of the Recorder of Hamilton County, Indiana; thence along the West line of said property South 00 degrees 02 minutes 50 seconds East 137.63 feet to the point of beginning of this description, designated as point"332"on said plat;thence South 16 degrees 38 minutes 51 seconds East 127.41 feet to point"603"designated on said plat;thence Southeasterly 16328 feet along an arc to the left and having a radius of 770.0 feet and subtended by a. long chord having a bearing of South 26 degrees 24 minutes 41 seconds East and a length of 162.98 feet to point "602" designated on said plat; thence Southeasterly 270.67 feet along an arc to the right and having a radius of 640.00 feet and subtended by a long chord have a bearing of South 20 degrees 22 minutes 13 seconds Fast and a length of 268.66 feet to the South line of said property described in Instrument No. 2011006453,designated as point"601"on said plat;thence along said South line South 89 degrees 12 minutes 10 seconds West 202.10 feet to the Southwest corner of said property;thence along the West lute of said property North 00 degrees 02 minutes 50 seconds West 522.71 feet to the point of beginning, containing 1.247 acres,more or less. EXCEPT: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat,marked EXHIBIT"B", described as follows: Commencing at the Northwest corner of said Quarter Section, designated as point "3" on said DMS 13054101v;$ A-1 parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 660.00 feet to the prolonged West line of the grantor 's land, and the point of beginning of this description;thence continuing along said North line North 89 degrees 09 minutes 45 seconds East 33000 feet to the prolonged East line of the grantor's land; thence along said East line South 00 degrees 02 minutes 50 seconds East 10.00 feet to the South boundary of 106th Street; thence continuing along said East line South 00 degrees 02 minutes 50 seconds East 127.63 feet to point "332" designated on said plat; thence North 39 degrees 26 minutes 59 seconds West 116.56 feet to point "333" designated on said plat; thence South 89 degrees 37 minutes 50 seconds West 127.44 feet to point "334" designated on said plat; thence South 00 degrees 18 minutes 48 seconds West 31.17 feet to point "335" designated on said plat; thence South 89 degrees 08 minutes 24 seconds West 128.38 feet to the West line of the grantor 's land, designated as point"336"on said plat; thence along said West line North 00 degrees 02 minutes 03 seconds West 66.72 feet to the South boundary of 106th Street; thence continuing along said West line North 00 degrees 02 minutes 03 seconds West 10.00 feet to the point of beginning, containing 0.517 acres, more or less, inclusive of the presently existing right-of-way which contains 0.076 aces,more or Iess. DMS I3054I01v-7$ A-2 ,..'WI A \ \ ; - ...---;:.-7.'1•-,-------' "-- °„. EXt51K MINN TON gaga ,,,--- 11 I. .. • - ... , _ ... .z.-- . . ' ... . 1 •. , -'..'-`..... -- -- at Ne •., :..--- • 1 ... , 7,., - r -' Inn 4 1\4\\VA if ti i. ••%., •_ • , % . , • . !, , i . \ I ' NW _ 'er: - PROPOSED 4A 4, BUILDING *4.. ILR1-/ im DRY ce, _ ---- DETENTION -- , - •- • —I-- 49 • • k, — — — - - --.. --- — — — — ..-- _ 'SETBACK REIN BUFFEI - k ,. ._ __ t 4010. _ Adli 4 liar • PL PROPERTIES t'' ''''''4'4- %A i --vv.-- COMMERCIAL OFFICE PROJECT, CARMEL IN woOLPERT 1 DMS 130 54 1 0 Ivgi B-1 OPTION A k -...... .e,. •4- . ,,,,,.... MUM NM ME min......H..m.mi ea as... min WI roll'. . =or al -.111 11; I. U RR I 1 -- ' ' '-- - i MN — r p„--- in . 0,64 a.* II •' • 4 , ' - fi 7 TT iiirii ,_ ±, ' ...._ F -wig. ! "--" ,._ itil 1 111 a. I , 1 I ; 0 4, ' i 1 , „i, . . L. II I A - - 1 g gm 4-...„ _it.z_,-ws,togrr i gc••••7.z-7-- , i ii t i -1:1-'-'--;-11 Ti,-7,1 * * , rarok ,. .; .., ,411 .4.0 741 _ .. 'Oa, ' I 0.1 A 11111qi r 4.41!. lip aill :..- L. l'^_ . . ,,,...,........ *,.. -..matallakOnalliali OPTION B . ... . . ,.......... , . 't 1 1 . 1 NHL 1 ... , -,--1 -,----------- i 1 ' SIBM 1 ,'* '...... dammul .7 , •••..., ........! ..',•,. i I 1 , 1! ! I ' " • ' i i'4, i ' s., l t loti ' ' -' i t ' 1.1 1 it " MI° ail.''. • 4....„--41:: *44/Th .,.... ..,„0- ,., -':*- , ......,- PROPERTIES C-I Document comparison by Workshare Compare on Thursday, September 20, 2018 8:38:20 AM Input: Document 1 ID interwovenSite://BTDMS/DMS/13054101/7 Description #13054101v7<DMS> - PL Properties Carmel statement of commitments Document 2 ID interwovenSite://BTDMS/DMS/13054101/8 Description #13054101v8<DMS> - PL Properties Carmel statement of commitments Rendering set Standard Legend: Insertion Deletion Moved from Mo ems_ Style change Format change loved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 18 Deletions 7 Keesling, Rachel M From: Calderon, Joe <JCalderon@btlaw.com> Sent: Friday, September 21, 2018 10:14 AM To: Chavez, Nathan; Keesling, Rachel M Cc: Steve Pittman;John Levinsohn Subject: 18070001Z-PL Properties LLC, 201 W 106th a/k/a 10580 North Illinois St Attachments: Redline_ PL Properties Carmel statement of commitments.pdf; PL Properties Carmel statement of commitments(6).docx; Pittman_Carmel_Site_Plan_091918.pdf Importance: High Good morning Nathan and Rachel:Attached are the most recently revised Rezoning Commitments(redlined and clean) and Concept Site Plan for the PL Properties Rezoning.The Commitments and Site Plan reflect the comments from Committee members a couple of weeks ago, as well as ongoing discussions with the Rosado Hill neighbors. Please include these in the packets going to the Commercial Committee members. If you need hard copies delivered to you, please let me know at your earliest convenience.Thank you,Joe Calderon. Joe Calderon I Partner Barnes &Thornburg LLP 11 South Meridian Street, Indianapolis, IN 46204-3535 Direct: (317) 231-7787 I Mobile: (317) 294-0857 I Fax: (317) 231-7433 ■ "` ■ BARNES & ■■ THORNBURG UP Atlanta I Chicago I Dallas I Delaware I Indiana I Los Angeles I Michigan I Minneapolis I Ohio I Washington, D.C. CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. Email secured by Check Point 1 ,... % 6 • , i Ifillilli J1 --T\ ,.,,,,,:•=,,, , = • .. ---- - .....--''... "- • .- ' so • . . •:r.- 1 . EXISTINGMEDIANTOBE EXTENDED ,...........--•.". 1111 • -°<1 • • TNT.-t,',.."..b _ .. WESTOF ENTRY ,,, ..,c....... ., -, , - ..--- -- C11 A • .74 el N • . •• C:4 I '. -2... ...,..::::•:*''''""".'. I r . ‘ ' . i . 4 I PROPOSED i4lik‘ :\ '. BUILDING • VII \ \\ • Ld i , • -2- , aii_ 10 . ' 1 -- DRY DETENTION — - <c = _ *) %4 2 c,.,t — in• ',0 . co , - 30'SETBACK/ REEN BUFFER 8'PRIVACY WALL ititirilk41- - r 0 ... -.."-y.„ ,.. - - , PL PROPERTIES - , - -,4,,,-, - 11 AI -rv--- Lui-viiviLhuAL urFICE PROJECT, CARMEL IN W o OLPEPT ieptember 19,1018 Keesling, Rachel M From: Clark, J. Murray <murray.clark@FaegreBD.com> Sent: Friday, September 21, 2018 11:45 AM To: Chavez, Nathan Cc: Keesling, Rachel M; Leach, Mark R. Subject: Materials for Commercial Committee - Docket No. 18070001 Z, 201 W. 106th Street Attachments: Rosado Hill - Remonstrance Materials - Commercial Commttee.DOCX Nathan Attached you will find materials for dissemination to members of the Carmel Plan Commission Commercial Committee for the purpose of review before its October 2 meeting. These materials are submitted for and on behalf of the Rosado Hill residential development and its residents. Please let me know if you need anything else from me in order to ensure that these materials are delivered to the members of the Commercial Committee in a timely manner. As always,thank you for you kind and professional attention. Have a great weekend Nathan. J. Murray Clark Partner murray.clark@FaegreBD.com Download vCard D:+1 317 237 1433 I F:+1 317 237 8533 Faegre Baker Daniels LLP 300 N.Meridian Street I Suite 2700 I Indianapolis,IN 46204,USA Email secured by Check Point 1 Remonstrance Materials Presented to Carmel Plan Commission Commercial Committee 201 W. 106th Street/10580 N. Illinois Street Docket No. 18070001 Z Applicant: PL Properties, LLC Submitted by: Rosado Hill Residents Date Submitted: September 21 , 2018 J. Murray Clark Mark R. Leach Faegre Baker Daniels LLP 600 E. 96th Street, Suite 600 Indianapolis, IN 46240 US.120043612.01 INDEX Page 1. Introduction 1 2. Executive Summary 1 3. Rosado Hill; Estate Residential 2 4. The Commercial Zoning Requested 3 5. Carmel Comprehensive Plan —Land Use 3 6. Carmel Comprehensive Plan — Critical Corridors 5 7. Carmel Comprehensive Plan— Conclusions 7 8. Discussion 7 + Building Height 7 + Screening 8 9. Closing and Summary 9 US.120043612.01 INTRODUCTION. These materials are presented to the Cannel Plan Commission Commercial Committee (the "Commercial Committee") for review and reflection as it considers the pending rezoning application of PL Properties, LLC (the "Developer") to rezone the approximately 5.73 acre parcel at the SW corner of 106th Street and Illinois Streets (the "Rezone Parcel") having a common address of 201 W. 106th Street or alternatively 10580 N. Illinois Street, in Carmel. The Developer proposes to rezone the Rezone Parcel from S-2 Residential to the B-1/Business district classification. These materials are submitted by and on behalf of the three residents of the Rosado Hill, namely Naval and Neelu Sondhi, 10545 Spring Mill Road, Robert Boeglin and Katherine Campbell, 10555 Spring Mill Road, and Daniel Boeglin, 10565 Spring Mill Road(collectively the "Rosado Hill Residents"). EXECUTIVE SUMMARY For decades, Rosado Hill and the Rezone Parcel have been Estate Residential properties. The Developer now seeks to change the character of the Rezone Parcel from Estate Residential to Employment Node. This change is entirely inconsistent with the Cannel Clay Comprehensive Plan, which unambiguously provides that Employment Node property does not fit next to Estate Residential property. The residents of Rosado Hill justifiably relied on this fact in making substantial investments in their property. Thus, they oppose the proposed rezoning, as it would diminish their property values and quality of life. In effect, approval of the proposed rezoning would transfer economic value from the Rosado Hill Residents to the Developer without just compensation. To be clear, the Rosado Hill Residents like and respect the principals of the Developer. They have been in conversation for months regarding the conditions under which the negative impact of the proposed rezoning could be minimized; i.e., the conditions under which the transfer of economic value from them to the Developer could be reduced or offset. While some progress has been made,the Developer has not addressed the core privacy interests of the Rosado Hill Residents. The proposed three-story building would allow the building occupants direct visual line of sight into the bedrooms of the Rosado Hill homes, making it very difficult for the Rosado Hill Residents to be comfortable in the privacy of their own homes. The Rosado Hill Residents have expended substantial resources (both time and money) in an effort to agree with the Developer on conditions under which they would cease to oppose the proposed rezoning. Those conditions include limiting the height of the proposed building and adding extensive screening materials in a large buffer zone. In the minds of the Rosado Hill Residents, these conditions are reasonable and necessary to protect their privacy and to reduce the value transfer from them to the Developer. The Rosado Hill Residents remain willing to work with the Developer on commitments that would minimize the negative impact on Rosado Hill. However, any representation that a final agreement has been reached between them is inaccurate at this point in time. 1 US.120043612.01 ROSADO HILL; ESTATE RESIDENTIAL. The Rosado Hill properties were purchased in 2006 and re-platting of the Rosado Hill properties as a three lot, 9+/- acre subdivision was completed in 2007 by the Rosado Hill Residents. The three homes on Rosado Hill, completed in 2009 and 2010, were built and located generally on the eastern-more portion of Rosado Hill. As discussed in more detail below and as set forth in a Department Report provided the Carmel Plan Commission, because of its extremely low density, Rosado Hill is considered an Estate Residential development. ill 911 , _ liti, - • v f7. _ ' .Mrd♦� ( n , n Siii ligt. 11- G 5, ., 9I u'H S I 'N, e H,I S w 1,„I �, a,n� n ...tOr 0 t t .9 J, -,r s s f . e . ,. a I. ,:, 1.,:? oran # . :,,.. . Tr.,.., , . -.. . ,- 1.1 . , • • 1 f , ; . • .F.i' vo..,,,-- : -A, ..4 ... ll , A ' - "- *. '4101 VIN I m i-- 1 • a iIt ....AV' la III k c' '-— - `.,,' _',. ' z I` 44; !. i �1.rs...rrtaar�tar , z 1 - ttlgif07724_)/ri r 1:3,466 0 0.03 0.06 0.11 mi Parcels I 11 1 ti ' N N '1 Q Rezone Parcel 0 004 009 018Mm Q Rosado Hill It is important to note that when the three Rosado Hill residences were built, the Rezone Parcel was still being utilized as Estate Residential with one single family home thereon. The home was owned and occupied by Dr. John Pittman and his family for many decades. Dr. Pittman passed away in 2014. The one-story ranch home was demolished in 2017 and thus the Rezone Parcel no longer contains any structural improvements. Dr. Pittman was a friend and cherished neighbor of the Rosado Hill Residents. For the reasons set forth herein, including but not limited to the proximity of low density residential including the adjacent Estate Residential Rosado Hill development, the conversion of the Rezone Parcel from low density residential to commercial should not be approved without extraordinary protections to the Rosado Hill Residents. Thus, this rezoning matter involves a very sensitive parcel of property that pursuant to a strict reading of the Carmel UDO and Comprehensive Plan is not a fit with surrounding residential if indeed zoned and developed commercial. The Rosado Hill Residents respectfully request the Commercial Committee not return this matter to the Plan Commission with a recommendation of 2 US.120043612.01 approval without significant and meaningful commitments that protect the historical residential use and enjoyment of adjacent residential properties and development. THE COMMERCIAL ZONING REQUESTED. One of the principals of the Developer, Steve Pittman, Dr. Pittman's son, is also a friend of the Rosado Hill Residents. Steve, who lives in the neighboring Reserve at Spring Mill (the "Reserve") residential development, reached out to the Rosado Hill Residents several months ago about redevelopment of the Rezone Parcel. To his credit, Steve elicited their thoughts and impressions about rezoning the Rezone Parcel to commercial prior to actually filing the subject rezoning. His vision as related to the Rosado Hill Residents was for a Class A office building with hopefully one tenant. He acknowledged the sensitive nature of such a request and discussed possible commitments including limiting the commercial development upon the Rezone Parcel to one building, prohibiting uses otherwise permitted in the B-1/Business district, construction of a buffering wall, tree preservation, and architectural and design requirements. He proposed during these discussions to incorporate these protections in a PUD rezoning. The Rosado Hill Residents were, and remain, appreciative for these concessions and the decision of the Developer to request a rezoning to the B-1/Business district rather than a more intense zoning classification that would allow more disruptive and intrusive commercial development. However, it is relevant to note that it wasn't until August 10th, several weeks after the Developer filed the subject rezoning matter and subsequent to the Technical Advisory Committee (TAC) meeting, that the first set of proposed commitments was received. And the devil is understandably in the detail as they say. There have been several iterations of the zoning commitments since that date and there likely will be more. The Rosado Hill Residents appreciate the commitments that have been made to date by the Developer however as discussed below, they remain unsatisfied because of the lack of acceptable treatment in the commitments of their critical concerns involving building height and screening. As an aside, the Developer opted to file a straight rezone to the B-1/Business District classification rather than filing for a PUD. Given the sensitivity of the Rezone Parcel, a PUD would have been a logical choice. However, an approach during the rezoning process whereby significant and meaningful commitments protecting neighboring residential developments is conceptually acceptable to the Rosado Hill Residents. COMPREHENSIVE PLAN — LAND USE. The rezoning and commercial conversion of the Rezone Parcel is inconsistent with the Carmel Comprehensive Plan without extraordinary protections for the benefit of adjacent residential, including most notably the Estate Residential development west thereof known as Rosado Hill. Attention and adherence to the Comprehensive Plan is a vital criterion of all rezoning cases and thus it is important to look at applicable provisions of the Comp Plan in assessing the subject rezoning request. Initially, the policies and objectives for South Central Carmel (wherein the Rezone Parcel is located) set forth in Part 2 of the Comprehensive Plan speaks to protecting and buffering existing strong single- family neighborhoods, including the following objective: 3 US.120043612.01 "Objective 1.2: Protect stable single-family residential neighborhoods in South Central Carmel as much as possible through buffering, use of transitional design, strong code enforcement of property maintenance issues, targeted infrastructure investments (e.g. drainage, sidewalks, and street lights), and landscaping beautifications projects." The Rezone Parcel is presently zoned S2, a low density single family residential district. The properties surrounding the Rezone Parcel to the north, south (the Reserve), and west (Rosado Hill) are also zoned S2. As depicted in the Comp Plan map below, the 2009 Comprehensive Plan excludes the Rezone Parcel and Rosado Hill properties, meaning that the Land Use Plan from the 1997 Carmel/Clay Township Comprehensive Plan is still in effect. The 1997 Comp Plan still recommends Very Low Intensity Residential Communities for the Rezone Parcel. ,0 t.ts 4 4 4IP‘ 4°. it [ Ai PP ----- ♦4► ►♦:►4♦♦♦♦♦♦` ♦C♦ ► o ♦♦♦♦ e� �. . x ♦ ♦♦♦♦♦♦♦�1•r.•♦•A • 41, :---�-�elk,,��-♦-�-♦-♦�� ►-♦-.-. , nm 13 i • , , • i 4i4ii��•i' �ii•�= 71 l7.0 _ 0 4 4 4 01,-, .*4 ♦♦,�•lI•,4i lk '4�♦•♦♦••0!•♦• I 2010 Comprehensive Plan Map W Employment Node Suburban Residential AN Site ����� �..� ,� Very Low Density Residential (per 1997 Comp Plan) Having recognized that, it is particularly instructive to look at the Appropriate Adjacent Land Classification Table in the Comprehensive Plan. It is unquestionable that the Rosado Hill Estate Residential properties are not a fit next to properties designated Employment Node by the Comprehensive Plan (see above). Please note in this regard the areas of the Land Classification map above designated in blue as "Employment Nodes." The Comp Plan establishes that the purpose of Employment Nodes is to establish areas for large office buildings providing regional employment appropriately suited for areas like the U.S. 31 Corridor. Nor we submit, is Estate Residential anything but at best for the Developer a very awkward fit next to commercial development. As you can see from the Appropriate Adjacent Land Classification Table 4 US.120043612.01 below, while Suburban Residential would be considered a Conditional Fit next to Employment Node parcel, Estate Residential is neither a Best Fit nor a Conditional Fit. Cannel Clay Comprehensive Plan:Appropriate Adjacent Land Classifications Table A c ao 0 m • v 3 • • 7 W G = ^ O Z pp p � pQ 7 O y 0 O O W , C .Y- G ra E 9 O C C O 7 'E i C • ' 6 Y W .� .� 5 E G E .3 a 8 8 a . Q Z Z C W s N G. Parks and Recreation B BBBBBBB BBB BBBB Estate Residential B B B C C Low Intensity Suburban Residential BBBB C C Suburban Residential B C B B C C B C C C C Urban Residential B C BBBCC CC CC Attached Residential B C BBBBBBC C BC C Neighborhood Support Center B C BBB BB Neighborhood Service Node B C C B BBBBCC Institutional Node B C C C C BBBBBMBB Community Vitality Node B C CBBBBB BB Employment Node B C C C BBBBBCC Regional Vitality Node B C CBBBBC Core Support B C B CB C C B B B Secondary Core B CC B C BBB Primary Core B C B BBB B =Best Fit c =Conditional Fit Rachel Keesling prudently acknowledges as much in her Department Report prepared for the Plan Commission but adds: "The current S-2 zoning classification would suggest additional single family residential to be constructed on this site. However, this site has unique attributes which affect the suitability for new commercial development. If done with sensitivity and appropriate transitions to the surrounding residential uses, a commercial use could be a good fit in this location." It is also instructive to look closer at the specific description of Appropriate Adjacent Classifications to Estate Residential as set forth in the text of Part 3 of the Comp Plan: + Best Fit: Parks & Recreation, Estate Residential, Low Intensity Suburban Residential. + Conditional Fit: Suburban Residential (i.e. the Reserve), and Institutional Node. COMPREHENSIVE PLAN — CRITICAL CORRIDOR. Another element of the Comprehensive Plan that should be considered in the subject rezoning is set forth in Part 5 of the Comp Plan which deals with Critical Corridors and Sub Areas. This U.S. 31 Corridor is identified and designated in the Comp 5 US.120043612.01 Plan as a critical corridor. The Rezone Parcel is located within the U.S. 31 Corridor as depicted below and designated as Transition-Sensitive Residential. U.S. 31 Corridor Plan W116thS 7e 1 n j 1ill- ► 111th St— .) I =w1 osis St . - +9. i I 0 n awuss O-. -w9ethSt0 ORIENTATION MAP MAP LEGEND _ �= (I1 s 4 7- • Roundabout Interchange Preservation of Residential MI= ,� x Overpass Transition Sensitive Residential AdriiiMilig oft. o, deweRoundabout IBM 6 to 10 Story Employment Corridor ©iiirommum a Separated Multi Use Path ; 60 feet Maximum Height -MEMill„ , <> Dade Separated Pedestrian Crossing __i Special Study Area 1 i t —o- Preserve/Install Tree Canopy Existing StreeVfloundaheut �■ +1.311"+. ' L ----• Proposed Street Map Prepared by Ground Rules,Inc. Last Revised 05-20.2009 DRezone Parcel CARMEL CLAY COMPREHENSIVE PLAN 185 Additionally, we call to your attention two important design guidelines set forth in Part 5 of the Comp Plan specifically dealing with the U.S. 31 Corridor: + Transition the scale and mass of structure between U.S. 31 and Illinois Street to minimize impact to residential development to the west. + Respect transitions to adjacent neighborhoods and require appropriate buffering. The Critical Corridor designations and guidelines are important items for consideration if, and when, this rezoning case moves forward. 6 US.120043612.01 COMPREHENSIVE PLAN—CONCLUSIONS. It is abundantly clear that the Estate Residential Rosado Hill properties are uniquely deserving of particular attention and extraordinary protection in this rezoning. The relevant provisions of the Carmel Comprehensive Plan clearly establish that properties designated as Employment Node are simply not a fit next to Estate Residential and we submit that any commercial development is very questionable next to Estate Residential and in actuality an awkward fit at best. Additionally,the Rezone Parcel is located within a corridor defined as critical and with respect to which specific design guidelines are established to provide extraordinary protections to any adjacent neighborhoods to the west, much less Estate Residential properties like Rosado Hill. Thus, the subject rezoning case involves a very sensitive property and must include a consideration of what kinds of extraordinary conditions are needed to assure adequate protection of adjacent residential development. DISCUSSION. As mentioned above, there has been important progress made toward ensuring these types of protections for adjacent residential, for which the Rosado Hill Residents are appreciative. The last set of commitments presented to the Commercial Committee outlined commitments of the Developer including: + B-1 primary and accessory use limitations + limitation of hours of operation + architecture and design requirements + lighting, sound,trash and sign requirements The Developer has also offered commitments regarding buffering and screening the proposed commercial improvements and operation from adjacent residential including an eight-foot (8') wall in the approximate area of the south and west property lines that should provide a security buffer. Again, the Rosado Hill Residents appreciate the Developer's attention to screening and buffering but believe the commitments simply do not provide the type of transitional screening and buffering that, as described in detail above, the Estate Residential Rosado Hill deserves. Specifically, we submit that the Rosado Hill properties are entitled in this rezoning matter to: 1. as non-intense, non-intrusive a B-1/Business commercial development as is possible, 2. substantial and meaningful development standard protections including those related to lighting, noise, hours of operation, drainage, refuse location and collection, architecture and design quality,to name a few, and 3. extraordinary buffering and landscaping so that screening is at or better than the historical amount of buffering the Rosado Hill Residents enjoyed from the Rezone Parcel. This should include as much as is possible total screening from the proposed commercial development. As to the first two described items, much progress has been made. As to the last item above, the Rosado Hill Residents respectfully submit that the latest set of commitments do not provide strong enough protections to the Estate Residential Rosado Hill to the west with respect to building height and screening. Building Height. The steadfast position of the Rosado Hill Residents is that the commercial building on the Rezone Parcel should be no more than two (2) stories and have a maximum total gross floor area of 54,000 7 US.120043612.01 square feet. However, the latest set of commitments provided the Commercial Committee by the Developer sets for that the building shall not exceed three (3) stories or forty-five feet (45') in height not excluding any parapet screen wall and shall not exceed 81,700 square feet of finished floor area. Since the maximum building height in the B-1/Business zoning classification is indeed forty-five feet (45') and thus effectively three (3) stories, the Developer is simply establishing that the project will be permitted to build to the maximum height permitted in the B-1/Business zoning classification irrespective of the transitional sensitivities associated with the adjacent Estate Residential Rosado Hill. Recall that the historical single- family residential use of the Rezone Parcel involved a single story, ranch home. Privacy was not an issue for the Rosado Hill Residents. However, should the commercial office building be built in accordance with the maximum height proposed by the Developer,the building occupants would have a direct visual line of sight into the bedrooms of the two-story Rosado Hill homes, making it very difficult for the Rosado Hill Residents to be comfortable in the privacy of their own homes for the first time since the homes were built and first occupied. While the Rosado Hill Residents would prefer that the commercial office building proposed for the Rezone Parcel be a one-story structure like the ranch home that was situated on the Rezone Parcel for decades,their request if the Commercial Committee sends this rezoning matter back to the Plan Commission is for a recommendation that the building height be limited to two (2) stories with a maximum building height of thirty feet (30'). By doing so, the Committee will have honored the provisions, policies and guidelines in the Comprehensive Plan to require extraordinary protections in rezoning cases like this one where a transition from residential to commercial is proposed adjacent to low density residential, and especially where adjacent property is Estate Residential. To fail to reasonably limit the building height is a failure to assure adequate protection of existing adjacent residential development. As an aside, the September 4, 2018 Department Report submitted to the Commercial Committee includes a discussion of the building height issue. In discussing the set of commitments submitted to and discussed by the Commercial Committee, the Report sets forth that "3 stories and 45' height requirement are the listed requirements of the B-1 zone." We respectfully disagree. The B-1/Business district building height maximum is forty-five feet (45'). However, it is not required to construct such a tall commercial building in a property zoned B-1/Business. And in the subject rezoning matter, given the particular facts and circumstances and the necessity of extraordinary protections for adjacent low density residential properties, indeed a commercial building height less than the absolute maximum allowed is appropriate and most justified. Screening. As mentioned above, the Rosado Hill Residents are very concerned about loss of privacy upon commercial development of the Rezone Parcel. They seek extraordinary screening so that their two-story homes are concealed from the proposed commercial development as completely as possible. The Rezone Parcel, historically the site of a single-family ranch home, as proposed by the Developer will now house a commercial office building and parking facilities including as many as 325+ parking spaces. Please note as is depicted above on page 1, that Rosado Hill shares the entire length of the east property line of the Rezone Parcel spanning approximately 600 linear feet. In this regard, the latest set of commitments remain woefully short in detail for provision of extraordinary screening plantings along this property line. Developer's site plan only indicates a small "cutout area" where special screening plantings are proposed along a short section of the Rezone Parcel west property line. Additionally, the site plan sets forth a thirty foot (30') green belt along the property line abutting Rosado Hill, and 8 US.120043612.01 indicates that the surface parking area begins at the end of the green belt and thus only thirty feet (30') from the property line the Rezone Parcel shares with Rosado Hill. The latest set of commitments do provide for the planting of"a staggered line of arbor vitae, Norway spruce or similar planting materials" but only in the aforedescribed cutout area set forth in the site plan. And worse yet, it is our understanding that the Developer intends to remove the tall, broad spruce trees located upon or near the aforementioned green belt. These two trees provide the greatest amount of year-round screening. To lose them will be a huge blow to the privacy of the Rosado Hill Residents. There is simply no way to replace them with trees at the time of their planting capable of providing like privacy screening for Rosado Hill. The Rosado Hill Residents request that the Commercial Committee recommend that the two spruce trees remain and if needed,the parking lot be designed around them. The tree line along the property line that the Rezone Parcel and Rosado Hill share contains many trees of significant age and height. Screening and privacy from the second stories of the Rosado Hill residences during warm weather months is decent. However, since the tree line is comprised largely of deciduous trees, screening substantially decreases for most of the year. And the health of some of these older trees is questionable since over the years they have grown in many cases essentially on top of each other. Toward the goal of providing privacy screening year-round, the Rosado Hill Residents appreciate the concept of planting a staggered line of arbor vitae, spruce of similar materials. Indeed, the Rosado Hill Residents have identified Green Giant Arbor Vitae as a desirable year-round screening tree. However, the reality with this or other types of arbor vitae, spruce, yew or other like trees is that the maximum height at planting is probably limited to the eight-foot (8') range. Thus, it will be many years, if not decades, before they would provide the type of extraordinary privacy screening the Estate Residential Rosado Hills properties deserve. The Department has requested that a tree inventory be completed by the Developer. And the commitments contain language about tree preservation and including the City's Urban Forester in the discussion. It is important in the eyes of the Rosado Hill Residents that when considering what to do on the property line they share with the Rezone Parcel that maximum, long term, substantial screening is pursued. This may include decisions not to preserve unhealthy or deciduous trees with limited screening usefulness. Flexibility in the specific location of the new privacy screening plantings and the exact location of the security wall should be prioritized in order to realize maximum buffering and privacy screening while preserving as many existing healthy, large, year-round screening trees as possible. In this vein, and as stated above, the two large spruce trees should be preserved. But in any event, the tree line along the property line shared by Rosado Hill and the Rezone Parcel should contain a continuous line of large trees, such as Green Giant Arbor Vitae,that will provide substantial year-round privacy screening for the Rosado Hill Residents. CLOSING AND SUMMARY. Indiana law establishes (IC 36-7-4-603) guidelines for plan commissions and city councils in rezoning matters: In preparing and considering proposals under the 600 series (Zoning Ordinances), the plan commission and the legislative body shall pay reasonable regard to: 9 US.120043612.01 (1) The comprehensive plan; (2) Current conditions and the character of current structures and uses in each district; (3) The most desirable use for which the land in each district is adapted; (4) The conservation of property values throughout the jurisdiction; and (5) Responsible development and growth. Rezoning the Rezone Parcel to the B-1/Business zoning district classification without extraordinary protections for adjacent low density residential including importantly the Estate Residential Rosado Hill properties, would be demonstrably contrary to and inconsistent with the provisions, policies and guidelines of the Carmel Comprehensive Plan, would endanger the property values of adjacent residential properties, and would represent irresponsible development and growth. It is for these reasons, and others expressed above in these materials, that the Rosado Hill Residents respectfully request that should this rezoning matter move forward, a condition be included that the building height of the commercial building located on the Rezoning Parcel be limited to two (2) stories with a maximum building height of thirty feet(30'). Additionally, the Rosado Hill Residents request that a condition be included with respect to additional privacy screening as described above including but not limited to a requirement that the tree line along the property line shared by Rosado Hill and the Rezone Parcel contains a continuous line of large trees capable of provide substantial year-round privacy screening for the Rosado Hill Residents As described above, the latest set of commitments are a significant step in the right direction. However, they simply do not go far enough. While the Rosado Hill Residents remain optimistic that their remaining concerns can be satisfactorily addressed, if they are not, the Rosado Hill Residents will regrettably remain opposed to the subject rezoning. Respectfully Submitted Residents of Rosado Hill 10 US.120043612.01 Keesling, Rachel M From: Calderon, Joe <JCalderon@btlaw.com> Sent: Thursday, October 18, 2018 3:05 PM To: Keesling, Rachel M Subject: RE: Thompson Thrift-96th and Michigan Attachments: Carmel Ordinance Z-636-18.DOCX Here you go. Please let me know if you have any questions or comments. Best Regards,Joe Joe Calderon I Partner Barnes &Thornburg LLP 11 South Meridian Street, Indianapolis, IN 46204-3535 Direct: (317) 231-7787 I Mobile: (317) 294-0857 I Fax: (317) 231-7433 ■ ■ BARNES & • THORN BU RG LLP Atlanta I Chicago I Dallas I Delaware I Indiana I Los Angeles I Michigan I Minneapolis I Ohio I Washington, D.C. From: Keesling, Rachel M [mailto:rkeesling@carmel.in.gov] Sent: Thursday, October 18, 2018 3:02 PM To: Calderon, Joe Subject: [EXTERNAL]RE: Thompson Thrift-96th and Michigan Yes that would be great to see the ordinance, thank you. Rachel Keeslin6 Planning Administrator 317-571-2417 rkeesling@carmel.in.gov From: Calderon, Joe [mailto:JCalderon@btlaw.com] Sent: Thursday, October 18, 2018 3:02 PM To: Keesling, Rachel M Subject: RE: Thompson Thrift-96th and Michigan Thanks Rachel. Bill called me earlier, and I will be returning his call shortly, but his voicemail mentioned filing the rezoning and the plat together. See you tomorrow. PS: do you want to see the draft Rezoning Ordinance on the Pittman site? Joe Calderon I Partner Barnes &Thornburg LLP 11 South Meridian Street, Indianapolis, IN 46204-3535 Direct: (317) 231-7787 I Mobile: (317) 294-0857 I Fax: (317) 231-7433 1 Sponsor: Councilor Campbell ORDINANCE Z-636-18 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA Rezoning 5.8 acres at 10580 North Illinois Street/201 West 106th Street from S2/Residential to the 81/Business District. Synopsis: This ordinance rezones approximately 5.8 acres to the B1 /Business zoning district. The site is currently zoned S2/Residential. It is located on the southwest corner of 106th Street and North Illinois Street. WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully adopted a unified development ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the City of Carmel, Indiana, which unified development ordinance has been codified in Chapter 10 of the Carmel City Code; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the map that is part of the unified development ordinance; and WHEREAS, the Carmel Advisory Plan Commission gave a favorable recommendation on Tuesday, October 16, 2018, to Docket No. 18070001 Z regarding the rezoning of 10580 North Illinois Street a/k/a 201 West 106th Street, described on Exhibit A and illustrated on Exhibit B, which is incorporated herein by this reference (the "Real Property Parcels"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that: Section I: That the Official Zoning Map accompanying and made part of the Unified Development Ordinance is hereby changed to designate the Real Property Parcels from the S2/Residential District to the B1/Business District. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance Z-633-18 Page 1 of 5 EXHIBIT A LEGAL DESCRIPTION A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana,described as follows: Begin at a point 660.0 feet East of the Northwest corner of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in the North line of said Quarter Section; thence East on and along the North line of said Northwest Quarter 330.0 feet to a point; thence South parallel with the West line of said Quarter Section 660.0 feet; thence West parallel with the North line of said Quarter 330.0 feet to a point; thence North parallel with said West line of said Quarter Section 660.0 feet to the place of beginning, containing 5 acres, more or less. ALSO: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked Exhibit"B", described as follows: Commencing at the Northwest comer of said Quarter Section, designed as point "3" on said parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 990.00 feet to the Northwest corner of the property described in Instrument No. 2011006453 in the Office of the Recorder of Hamilton County, Indiana; thence along the West line of said property South 00 degrees 02 minutes 50 seconds East 137.63 feet to the point of beginning of this description, designated as point "332"on said plat;thence South 16 degrees 38 minutes 51 seconds East 127.41 feet to point "603"designated on said plat; thence Southeasterly 163.28 feet along an arc to the left and having a radius of 770.0 feet and subtended by a long chord having a bearing of South 26 degrees 24 minutes 41 seconds East and a length of 162.98 feet to point "602" designated on said pint; thence Southeasterly 270.67 feet along an arc to the right and having a radius of 640.00 feet and subtended by a long chord have a bearing of South 20 degrees 22 minutes 13 seconds East and a length of 268.66 feet to the South line of said property described in Instrument No. 2011006453, designated as point "601"on said plat; thence along said South line South 89 degrees 12 minutes 10 seconds West 202.10 feet to the Southwest corner of said property; thence along the West line of said property North 00 degrees 02 minutes 50 seconds West 522.71 feet to the point of beginning, containing 1.247 acres, more or less. EXCEPT: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat,marked EXHIBIT"B", described as follows: Commencing at the Northwest corner of said Quarter Section, designated as point "3" on said Ordinance Z-633-18 Page 2 of 5 parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 660.00 feet to the prolonged West line of the grantor 's land, and the point of beginning of this description; thence continuing along said North line North 89 degrees 09 minutes 45 seconds East 330,00 feet to the prolonged East line of the grantor's land; thence along said East line South 00 degrees 02 minutes 50 seconds East 10.00 feet to the South boundary of 106th Street; thence continuing along said East line South 00 degrees 02 minutes 50 seconds East 127.63 feet to point "332" designated on said plat; thence North 39 degrees 26 minutes 59 seconds West 116.56 feet to point "333" designated on said plat; thence South 89 degrees 37 minutes 50 seconds West 127.44 feet to point "334" designated on said plat; thence South 00 degrees 18 minutes 48 seconds West 31.17 feet to point "335" designated on said plat; thence South 89 degrees 08 minutes 24 seconds West 128.38 feet to the West line of the grantor 's land, designated as point "336" on said plat; thence along said West line North 00 degrees 02 minutes 03 seconds West 66.72 feet to the South boundary of 106th Street; thence continuing along said West line North 00 degrees 02 minutes 03 seconds West 10.00 feet to the point of beginning, containing 0.517 acres, more or less, inclusive of the presently existing right-of-way which contains 0.076 aces,more or less. Ordinance Z-633-18 Page 3 of 5 Sponsor: Councilor Campbell EXHIBIT B 10580 N. Illinois St. R '`'' M `:. E • .. , ,• '. 7 e 11 ~-' III ,i' H y l � � �• .t„� y r 1" - • �s �y -; f 1 'i�M. ..T1. li11 .' i'.1 •., - is 1 ' • ` t _ - •' i ._ _ .- 1C O N. Illinois : 1r I 4,u ! • Li___r • .1111"11 4 i{ / 4 - �?f qT� • St ' rip i CCC Y VL ,� - t Y ,.�,,, -z. i* , .I I I . - 1 _ I _ ` 1 ,,,� Nf 4,.i. 3r4it 1, S w 1F' 1 tr. '� `, , ...�. 1. i .i. . .--Ac.. I -11 t .� , 9 ,, ! ,N. .' Vs • . a ' I tP '" f•---I 1`A6'4 t.:._ 1 !�Ir ! ! iik Wit( 741 ti f r _ ►; twit •:.t,-, . 4'7 0;- 111 t F . 1.1 y '.'.fifiCC, • "'fff Lae . `. le : . ...;.4..„,.,,.. ,,,, , ,..,.,.., 4.,. „,, ._ ,..,..: , ... _ .... . ... . . _....., 1 , ,,, .,. .,,.... : . .,- 'A ....- * ,>•,!‘t, ' —4:-...: ,:i _ I .., , 9 r J l ,tune 19,201E 1:4,514 PO1nts 0 0.05 01 0 2 mi 4 Overt de 1 0 0.075 015 0.3 km Linse Snuz Ern DyIYIOWDe artErc E•+hwarC aivpms; .444.. Override 1 P.e9.'A:amu.I:6 USDA 11565,ArtpaR,D.w...,.a I.GS IA.r, Dnmm,elly Fared P.u ,rsry ID.iNlci IlamiID'1 io.try AYbmr 115DA rsA 1 Ordinance Z-633-18 Page 4 of 5 ADOPTED by the Common Council of the City of Carmel, Indiana this day of , 2018, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Kevin D. Rider, President Sue Finkam Jeff Worrell, Vice-President Anthony Green Laura D. Campbell H. Bruce Kimball Ronald E. Carter ATTEST: Christine S. Pauley, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2018, at .M. Christine S. Pauley, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of 2018, at .M. James Brainard, Mayor ATTEST: Christine S. Pauley, Clerk-Treasurer DMS JCALDERON 13430521v1 Ordinance Z-633-18 Page 5 of 5 November 5, 2018 HAND DELIVERED Carmel City Council ATTN: Kevin Rider,President Carmel City Hall One Civic Square Carmel, IN 46032 Re: Rezoning Docket No.18070001 Z 201 W. 106th Street/10580 N. Illinois Street Applicant: PL Properties, LLC President Rider and members of the Carmel City Council: We submit this letter as owners of the Rosado Hill three-lot subdivision located immediately west of the property at the southwest corner of 106th and Illinois Streets with respect to which PL Properties proposes a rezoning from the S2 Residential district classification to B-1/Business. The parcel proposed for rezoning for many decades contained a one-story ranch home owned and occupied by Dr.John Pittman and his family,including Steve Pittman,a principal of PL Properties, the developer. Dr. Pittman passed away in 2014. Dr. Pittman was our friend and cherished neighbor. His home was demolished in 2017. When we purchased,platted,and built the properties in the 9+/- acre Rosado Hill subdivision approximately a decade ago, we did not foresee that the residential property to our east would become a commercial development. However, we agree with Steve's analysis that the prospect of his old family property being redeveloped or utilized as single family residential is highly unlikely. In February of 2018, Steve Pittman approached us about his vision to build a single,high quality, Class A professional office building, with appropriate protections for neighboring single-family residences. To his credit, Steve elicited our thoughts and concerns prior to the rezoning. We appreciate his approach to rezone the property to B-1/Business,rather than a more intense zoning district that would be more disruptive to our quality of life. And we greatly appreciate the many commitments associated with this development including to name a few limiting the project to one building, prohibiting uses otherwise permitted in the B-1/Business district, limiting hours of operation, construction of a buffering wall, planting and preserving screening trees, and architectural and design requirements. We have worked for many months on the language of the commitments included with this rezoning. It has not always been easy but in the end, there was good faith compromise on both sides. We are pleased with the final set of commitments PL Properties is submitting to the Council in this rezoning and in reliance upon the content thereof, we enthusiastically support the grant approval of this rezoning case. US.120635501.01 Finally, we publicly thank Steve Pittman and John Levinson for their patience and their diligence efforts to accommodate our concerns. They have acted much more like neighbors than developers concerned only about the bottom line. For that we are grateful. We look forward to continuing our collaboration during ADLS proceedings and the development and construction of the office building they propose for this site. President Rider and members of the Council, thank you for your professional attention. We respectfully request your favorable consideration of Docket No.18070001 and remain available for additional questions and inquiries. aval Sondhl Robert Boeglin 4!' Boe 10545 Spring Mill Road 10555 Spring Mill Road 10565 Sp ' : Mill Road cc: President Rider(by first class mail) Steve Pittman John Levinson Joseph Calderon Murray Clark US.120635501.01 Keesling, Rachel M From: Calderon, Joe <JCalderon@btlaw.com> Sent: Monday, December 3, 2018 4:16 PM To: Keesling, Rachel M Subject: Commitments for Z- 636-18, PL Properties Attachments: 20181203121008.pdf Here you go, Rachel. Please let me know if you need anything else. Best Regards,Joe. Joe Calderon I Partner Barnes &Thornburg LLP 11 South Meridian Street, Indianapolis, IN 46204-3535 Direct: (317) 231-7787 I Mobile: (317) 294-0857 I Fax: (317) 231-7433 • • BARNES & ■■ THORNBURG Atlanta I Chicago I Dallas I Delaware I Indiana I Los Angeles ( Michigan I Minneapolis I Ohio I Washington, D.C. CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. Email secured by Check Point i 2018056038 MISC $25.00 12/03/2018 08:31:46A 9 PGS Jennifer Hayden HAMILTON County Recorder IN Recorded as Presented 1111111 I1111l l 111ll 111 Illll 11111 11111 101111111111111111111111111!Ill COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A VARIANCE,SPECIAL EXCEPTION OR APPROVAL GRANT. In accordance with I.C.36-7-4-1015,the owner of the real estate located in the City of Carmel,Indiana,which is described below,makes the following COMMITMENTS concerning the use and development of the parcel of real estate: Legal Description: SEE EXHIBIT"A"ATTACHED HERETO AND INCORPORATED BY REFERENCE (the "Subject Property") Statement of COMMITMENTS: 1. The following B-1 uses,as defined in the City of Carmel Unified Development Ordinance("UDO"),shall be the only primary uses permitted on the Subject Property: a) general agriculture(farm)(until Subject Property is developed);provided,however, no livestock or animals shall be permitted. b) art gallery c) business school,or school for vocational training for professional,business,finance office,medical or like jobs, and not including manufacturing or building trades or mechanical labor works d) clinic or medical health center e) general office f) professional office g) research laboratory/facility 2. The following B-1 uses,as defined in the UDO,shall be the only accessory uses permitted on the Subject Property: a) automated teller machine(atm),provided it is attached to or wholly located within the building. b) private parking area c) cafeteria,coffee or sandwich shop,bistro d) restaurant,without drive-thru food sales e) day nursery,preschool,kindergarten f) commercial recreational facility, indoor g) artificial lake or pond h) Open Space The permitted accessory uses,if utilized, shall have as their principal purpose serving only the tenants and employees/invitees of permitted uses on the Subject Property,and theretbre,their hours shall not exceed the hours set forth in Commitment#3 for permitted primary uses. 3. It is the intent of this Commitment#3 for the office occupants in the Subject Property to generally have regular"business day"hours of operation. Thus,regular hours of operation for any primary use of the Subject Property shall not he earlier than 7 a.m.nor later than 7 p.m.Monday through Friday,and 8 a.m.to 1p.m.Saturday,and doors to the office building on the Subject Property shall be locked at all other times;however,(i)nothing in this restriction shall preclude individuals from arriving earlier or staying later so long as access is limited to such individuals who are tenant personnel or accompanied by tenant personnel or are part of building ownership,management or maintenance and repair,and who have DMS 13054101vI3 a secure means of access(keycard/keyfob or similar);and(ii)any school use permitted hereunder may have weekday evening classes up to 10:00 p.m.or Saturday classes until 4:00 p.m.. 4. The developer shall,as part of and concurrently with any initial construction of a building on the Subject Property,erect a masonry wall at least eight(8)feet in height,and located in the green belt buffer on the south and the west boundary, substantially as shown on the site plan attached hereto as Exhibit"B". The placement of the wall is subject to the approval of the City of Carmel Urban Forester("Urban Forester").The wall shall have the same finishes/treatments on both sides and shall be erected in a fashion so as to preserve the green belt buffer to the greatest extent reasonably possible. In addition,the developer shall plant two rows of trees(with each row comprising twenty(20)trees)for a total of forty(40) trees of Green Giant arbor vitae,Norway spruce or similar evergreen trees approved by the Urban Forester and reasonably acceptable to the representative of Rosado Hills neighborhood("Screening Plant Material")in the two hundred foot(200') cutout area shown on the Site Plan(the"Site Plan"). The Replacement Trees,as described in Commitment 6 below,shall be part of and count towards satisfaction of the Screening Plant Material. Each of the trees comprising the Screening Plant Material(not including the Replacement Trees)shall be at least eight feet(8')in height at planting. The trees in each row shall he spaced approximately ten feet(10')apart;the two rows shall be spaced no less than five feet(5')and no more than eight feet(8')apart;and the rows shall be staggered or offset from one another to maximize effectiveness of the screening. The mound and trees planted behind the property known as 301 Millridge Dr.with a parcel number of 29-13-11-002- 020.000-018 will not be removed as part of this development,and the proposed wall will be located to the north side of the existing mound and planting area so that it is preserved and protected. Detailed landscaping plans,indicating the planting types,spaces and depth of buffer yards and staggered rows,consistent with the Commitments contained herein,shall be prepared and approved as a part of the DP/ADLS(defined below)process,and submitted to the representative of Rosado Hills neighborhood for review and comment at least ten(10)business days prior to filing with the City of Carmel. 5. The wall and all Screening Plant Material shall be considered to satisfy the Bufferyard"D"requirements of the UDO,and shall be maintained,repaired and replaced by the owner of the Subject Property such that the intended screening between the Subject Property and adjoining residential properties is maintained. 6. Existing healthy and non-invasive trees("Preserved Trees")located in the thirty(30)foot wide buffer near the south and west property lines shall be preserved to the greatest extent reasonably possible("Preserved Tree Area"),subject however, to the placement of the wall,which may require the removal of trees. Preserved Trees removed from the Preserved Tree Area shall be replaced by planting material meeting Bufferyard D requirements as set forth in the UDO.The Developer shall file an application taking the proposed project through the Development Plan/Architectural Design Lighting and Sign ("DP/ADLS")approval process. As part of the DP/ADLS approval process,the applicant shall conduct a tree inventory within the Preserved Tree Area,and work with the Urban Forester to create a mutually acceptable tree preservation plan. Notwithstanding anything to the contrary contained herein,if the existing mature Norway spruce trees located on the western portion of the Subject Property are removed as a part of developing the Subject Property,Developer shall replace same with three(3)Norway spruce trees of at least sixteen feet(16')in height at planting,in the cutout area,in a location reasonably acceptable to the representative of Rosado Hills neighborhood(the"Replacement Trees"). 7. Any building on the Subject Property shall feature the quality of architecture and materials similar to the buildings shown as Option 1 or Option 2 on Exhibit"C"attached hereto,but Exhibit"C"should be considered to be a character imagery, and the architectural style,materials and colors shall be finally determined as part of the DP/ADLS process. DMS 13054101v13 8. Any building constructed on the Subject Property shall feature four sided architecture.A minimum of three materials shall be used for building exteriors from the following list:stone,brick,architectural pre-cast(panels or detailing),architectural metal panels,glass,and ornamental metal. Stucco and EIFS may also be applied as trim details,but shall not exceed 10% of the overall non-window facade area. Concrete block is not allowed as an exterior finish material unless it is on a garage facade that is either below grade,or that any portion of said garage façade featuring concrete block which is above grade shall be suitably screened by landscaping. 9. There shall be no more than one(1)primary building located on the Subject Property,which shall be located within five feet(5')of the fifteen foot(15')type C bufferyard required along the Illinois Street frontage of the Subject Property,as shown on the Site Plan. Type C plantings shall be required even if a Type A bufferyard is permitted under the UDO. The building shall not exceed three(3)stories or forty-five(45)feet in height per the B-1 requirements per the UDO(not including any parapet wall used to screen mechanicals),and shall not exceed 81,700 square feet of finished floor area. Unless required by the City of Carmel,the existing 106th Street curb cut shall not be relocated. The owner shall not request a relocation of the existing 106th Street curb cut. 10. Any freestanding light fixtures shall feature full cut off shields and LED lights,to minimize light spill beyond the property lines of the Subject Property.The illumination from said lights shall not exceed 0.1 footcandles at the west and south property lines. No freestanding light fixtures shall exceed fifteen(15)feet in height if located within ninety(90)feet of the west and south property lines. Any security lighting erected on the south or west facades of the building on the Subject Property shall be mitigated by the use of shielding or similar techniques in order to minimize impact on the adjacent residential areas. 11. No loading or unloading berth shall be oriented to any adjacent residential uses unless screened from view at grade level by the masonry wall and plantings/preserved trees,described in Commitments 4 and 6. 12. No outside,unenclosed storage of trash shall be permitted,whether in containers or not. All trash shall be located completely within the building if there is underground parking/storage structure or in an accessory structure architecturally compatible with the office building. The building owner shall contract with a trash hauler to restrict trash pickup between the hours of 7 a.m.and 7 p.m.Monday through Friday,and 10 a.m.to 5 p.m.Saturday and Sunday.Additionally,all non- emergency maintenance of the exterior of the Subject Property that creates noise at levels which exceed 90 decibels at the property line,such as lawn mowing and leaf blowing shall also occur between the hours of 7 am.and 7 p.m.Monday through Friday,and 10 a.m.to 5 p.m.Saturday and Sunday.For purposes of this restriction,snow/ice plowing or treatment shall not be included as a restricted activity. 13. All rooftop mechanical equipment shall be suitably shielded from the view of adjacent residences at grade level by a parapet wall or similar screening architecturally compatible with the office building. 14. No outside loudspeakers,public address systems or outdoor amplification equipment of any kind shall be erected, constructed or otherwise utilized at or on the Subject Property. 15. No portion of the parking lot(including driveways)shall be located closer than 30'from the south and west property lines. 16. Any outside area or rooftop deck associated with the building on the Subject Property shall he subject to all of the noise, light and use restrictions contained in these commitments,as well as the Carmel City Code,whichever is more stringent. DMS 13054101v13 17. Any application for an address to be assigned to the Subject Property shall seek an Illinois Street address,which shall occur no later than application for an improvement location permit. 18. Bicycle parking shall be provided as per the UDO. Bicycle parking shall be located in any covered parking garage; however, if no garage is provided,bicycle parking shall be suitably covered so as to meet the long term parking goals of the UDO. These COMMITMENTS shall be binding on the owner,subsequent owners,and other persons acquiring an interest in the Subject Property. These COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the grant of Rezoning Petition#18070001Z by the Carmel Plan Commission,and Ordinance Z-636-18 by the Carmel Common Council. These COMMITMENTS may be enforced jointly and severally by the Carmel Plan Commission or the City of Carmel, Indiana. DMS 1305410Iv13 The undersigned hereby authorizes the Carmel Plan Commission to record this Commitment in the office of the Recorder of Hamilton County,Indiana,upon final approval of petition# 18070001Z and Ordinance Z-636-18. PL Properties,LLC Signature: Steve Pittman, authorized member STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Steven Pittman, authorized member of PL Properties, LLC, an Indiana limited liability company, the owner of the Subject Property, who acknowledged the execution of the foregoing instrument for and on behalf of said limited liability company. Witness my hand and Notarial Seal this lin day of 1J , 20 1. Nd d' �G otary Public �� e1 `� 11-1-r)c--1/1 sr. f�,/ ALEXANDRIA LEANN HDCHSTETLER Printe%Name of Notary Public Notary Public Seal My Commission expires.- 11 ) C el / Z 1 State of Indiana Marion County My County of residence: My Commission Expires Nov 19,2022 I affirm under the penalties for perjury,that I have taken reasonable care to redact each social security number in this document unless required by law. Joseph D. Calderon This instrument was prepared by Joseph D. Calderon, Barnes &Thornburg LLP, 11 South Meridian Street, Indianapolis, Indiana 46204 DMS 13054101v13 EXHIBIT A LEGAL DESCRIPTION A part of the Northwest Quarter of Section II, Township 17 North, Range 3 East in Hamilton County, Indiana,described as follows: Begin at a point 660,0 feet East of the Northwest corner of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in the North line of said Quarter Section; thence East on and along the North line of said Northwest Quarter 330.0 feet to a point; thence South parallel with the West line of said Quarter Section 660.0 feet; thence West parallel with the North line of said Quarter 330.0 feet to a point;thence North parallel with said West line of said Quarter Section 660.0 feet to the place of beginning, containing 5 acres, more or less. ALSO: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Nat,marked Exhibit"I3",described as follows: Commencing at the Northwest corner of said Quarter Section, designed as point "3" on said parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 990,00 feet to the Northwest corner of the property described in Instrument No. 2011006453 in the Office of the Recorder of Hamilton County, Indiana; thence along the West line of said property South 00 degrees 02 minutes 50 seconds East 137.63 feet to the point of beginning of this description, designated as point"332" on said plat;thence South 16 degrees 38 minutes 51 seconds East I27.41 feet to point"603"designated on said plat; thence Southeasterly 163.28 feet along an arc to the left and having a radius of 770.0 feet and subtended by a long chord having a bearing of South 26 degrees 24 minutes 41 seconds East and a length of 162,98 feet to point "602" designated on said plat; thence Southeasterly 270.67 feet along an arc to the right and having a radius of 640.00 feet and subtended by a long chord have a bearing of South 20 degrees 22 minutes 13 seconds East and a length of 268.66 feet to the South line of said property described in Instrument No. 2011006453, designated as point"601"on said plat;thence along said South line South 89 degrees 12 minutes 10 seconds West 202.10 feet to the Southwest corner of said property; thence along the West line of said property North 00 degrees 02 minutes 50 seconds West 522.71 feet to the point of beginning, containing 1.247 acres, more or less. EXCEPT: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat,marked EXHIBIT"B", described as follows: Commencing at the Northwest corner of said Quarter Section, designated as point "3" on said DMS 13054101v13 A-1 parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 660.00 feet to the prolonged West line of the grantor 's land, and the point of beginning of this description;thence continuing along said North line North 89 degrees 09 minutes 45 seconds East 330.00 feet to the prolonged East line of the grantor's land; thence along said East line South 00 degrees 02 minutes 50 seconds East 10.00 feet to the South boundary of 106th Street; thence continuing along said East line South 00 degrees 02 minutes 50 seconds East 127.63 feet to point "332" designated on said plat; thence North 39 degrees 26 minutes 59 seconds West 116.56 feet to point "333" designated on said plat; thence South 89 degrees 37 minutes 50 seconds West 127.44 feet to point "334" designated on said plat; thence South 00 degrees 18 minutes 48 seconds West 31,17 feet to point "335" designated on said plat; thence South 89 degrees 08 minutes 24 seconds West 128,38 feet to the West line of the grantor 's land, designated as point "336" on said plat; thence along said West line North 00 degrees 02 minutes 03 seconds West 66.72 feet to the South boundary of 106th Street; thence continuing along said West line North 00 degrees 02 minutes 03 seconds West 10.00 feet to the point of beginning, containing 0.517 acres, more or less, inclusive of the presently existing right-of-way which contains 0.076 aces,more or less. 1)MS 1305410103 A-2 1!"1/81 h• NIN., ) C1 ‘, - - ..- ..,..• ...... ..*.*:•.' 1 . :` ..• ' CEISNIG 4ffDIAN FORMINDO -.- 111 , '''.•., . ,, ... ... ... ... • - _ ,.. tifS 1 Of f MIHP , .c.,,,,„.. ., •' ** *-- ,....------.---------- t • ' '''•,. :::*. - :-- .)," o. 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