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Home My WebLink AboutDept Report 10-02-01 CARMEL/CLAY PLAN COMMISSION SPECIAL STUDIES COMMITTEE DEPARTMENT REPORT October 2, 2001 5. Docket No. 97-01 DP/ADLS; Hilton Garden Inn Petitioner seeks Development Plan and Architectural Design, Lighting, Landscaping & Signage approval for a Hilton Garden Inn full service hotel. The petitioner proposes to construct a 63,500-square-foot hotel on 5::1: acres. The site is located at the southeast comer of U.S. 31 and Main Street (131 st Street). The site is zoned B-2/Business and is within the US 31IMeridian Street Overlay Zone. Filed by James J. Nelson of Nelson & Frankenberger for Meridian Hotel Partners, LLC. The applicant is requesting approval of a Development Plan and ADLS for the construction of a 11O-room Hilton Garden Inn Hotel. The site is located at the southeast comer of North Meridian (U.S. Highway 31) and 131st Street (Main Street). It also borders Pennsylvania Street. Please see the informational packet prepared by the applicant for an overview of the site and proposed building. The applicant has worked with the Department to insure that the plan conforms to the U. S. 31 Overlay requirements as well as the Thoroughfare Plan for the area as amended by Resolution No. 08-07-00-03 last year. A copy of the documents necessary to dedicate additional right-of- way and reserve the area identified on the plan for the placement of a future off-ramp onto 131 st Street from U.S. 31 has been attached. The Plan Commission had the following comments at the September 18th meeting that the applicant should come to committee prepared to address: 1. Provide a rendering of the proposed ground sign. 2. Desire to see fountain in pond. 3. Desire to see landscape area adjacent to 131 st Street expanded on. 4. Additional review of metal roof. 5. Confirm the right-of-way is available for round-a-bout. Upon satisfaction of the above listed items the Department recommends that this item be forwarded back to the full Plan Commission with a favorable recommendation. Committee Report 2001-10-2.rtf SEP 25 '1211 11: 08AM I'IELSON&FRANKENBERGER P.3/5 COMM ITMENTS CONCERNING THE USE AND DEVELOPMENT or REAL ESTATE The undersigned, Meridian Hotel Partners, LLC (herciDaftet "Owner"). me Coutrac:t Purcl1aser of the fonowing described real estate located in Hamilton County, Indiaaa (hcreinaftct "Real &tate"), makes the following Commitments Concerning the Use and Development of Real Es13%e to the Carmel Plan Commission (hereinafter "Commission"). 1. Desctiption of Real Bst3te. See Exhibit <<A~ hereto. ("Real &tate"). 2. Dj)Qket No. 97-01 DP/ADLS ("'Application") 3. Statement of Commitments. A. Owners commit that the real estate particularly described as c'Area A llea1 Estate", and "Area B Real Estate" on Exhibit B hereto, shall for a period beginning on the Effective Date and endiJJB on the (f" anniversary date thereofbe reserved for acquisition by the State ofIndiaDa for roadway improvements to U.S. 31. This commitment 3.A shall SOOIlel" terminate upon determination by the State of Indiana that the Area A Real Estate and Area. B Real Estate are no 10dgct part of any planned improvements to U.S. 31. B. Owner further commits to dedicate to the City for right.ofrway purposes the real esIa1e particularly described iii "Area B RcaI Estate" on Exhibit B hetero on the written request of the office of me City ED8ineer, Cannel, Indiana ("City Engineer") and the representation of the City Engineer that such right-of-way is needed to implement the City's plan for roadway improvements to E. 131" Street, and/or Pennsylvania Street. The Commitment 3.B shall ter:rninate upon acquisition of the Area B. Real Estate by the State of Indiana.. C. Owner commits to dedicate to the City of Carmel, IndiaDa t'City") for riaht-of-way puzposcs the real estate parCiaIlarly desmbed as "Area C Real Bstate" on Bxhibit B hereto. This commitment 3.C sball terminate upon acceptance by the City of a Deed of DedicatiOn of Right-of-Way. 4. BindinR on successors and Assigns. These commitments are binding on the Owner of the Ileal Estate, each subsequent Owner olthe Real Estate and each other person acquiring an interest in the Real Estate. unless modified or terminated by the Commission. These commitmcnt.l may be modified or tenninated only by a decision of the Commission made at a public hearing after notice as provided by the rules of the Commission, eltCept as specially provided in paragraphs 3.A, 3.B, and 3. C above. SEP 25 '01 11:08AM NELSON&FRANKENBERGER P.4/5 .' 5. Effective Date. These commitments contained herein shall be effecotive. upon the ~w~m~~o~: . A. Approval by the Commission of the Application; B. Acquisition of the Real Estate by the Owner; and C. Issuance of a Building Pmnit pursuant to the Application. 6. Recording. The undersigned hereby authorizes the Director of the Department of Community Services or the S~retary of the Commi&sion to record these commitments in the Office of the Recorder of Hamilton COUnty7 Indicma, following the effective da~. 7, Enforcement. These commitments may be enfon:ed by the Commission and the City of Cannel, Indiana, Executed this _ day ofSepteInber, 2001. Meridian Hotel PartDers7 LLC By: Robert Oora, MlIIUllgil\g Member STATE OF INDIANA ) )SS: COUNlYOF HAMlLTON ) Subscribed and sworn to before me, a Notary Public, in and for said County and State. appeared Robert DOIa, the ~g member of owner, and acknowledged the execution of the foregoing Commitments ConcemiDg The Use and Denlopment ofRtal Estate. WITNESS my hand and Notarial Seal this _ day of September, 2001. My Commission Expires: Residing in County Notary PubHc Printed Name: This Document Prepared By: James J. Nelson NELSON" FRANKENBERGER 3021 E. 98111 Stre~ Suite 220 Indil,ll1apolis. IN 46280 H:\QLI,. Y\m4 NlHlLTON CFAmBN\COMMITMIlNT DOC ~ a .. :z"" ..-. .::- :....... ,..- I !:=:~ i:=p :~_-Ct .F~'" ""'.. =..~ - . - ... fie) ~ - " call "'!".''1~ ------- -- '~ -~ . . ~ . J.~ .', I~"- . . ct CD ~_~ ~~~~~ ~ i 1'. of r 10 L ~ f J:> ; .. ~ . . @@@ II~~ 'il, II 1 i I I i ~ ~~ II I j I I ~ i ,. S/S'd 7'" I ",,;n;.::'''_'_-t,.; "of.,. ',;~ ;.n~;.nRlJ1)llJl:l>l -1'8NOSl3N ~l:l61il: II JIil. <::::' d3S "n"""_'l"l"''5'_,"il"'. '1B.J .J~1' \J'".Jf11 AIU it. rLl'i