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HomeMy WebLinkAboutZ-611-16, As Amended_ Rezoning Properties to C-2Sponsor: Councilor Kimball ORDINANCE L-011-16, As Amended AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CAMVm INDIANA, REZONING PROPERTY IN THE OLD TOWN AREA Rezoning 12 properties in the Arts & Design Districi from the R-2/Residence, B-3/Business and B-S/Business District Classifications ii4thin the Old Town District Overlay Zone to the C-2/0ld Toi4�n District Classification Synopsis: The Ordinance rezones properties in a two -block area of the Arts & Design District, generally bound by West Main Street, 4"' Avenue SW, Vt Street SW and the Monon Greenway, comprising 12 parcels in the R-2/Residence District, 13-3/13usiness District and 13-5/13usiness District, within the Old Town District Overlay Zone to be rezoned to the C-2/Old Town District. The properties are identified by the following addresses: 251, 311, 321, 331 West Main Street; 208, 220, 230, 320 lst Street SW; 20, 25 3rd Avenue SW. WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully adopted a zoning ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which zoning 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 zoning ordinance; and WHEREAS, the Carmel Advisory Plan Commission gave a favorable recommendation on Tuesday, February 16, 2016, to Docket No. 15030009 Z regarding the rezoning of the twelve (12) parcels of real property described and illustrated in Exhibit A, 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, as follows: Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby changed to designate the Real Property Parcels from the R-2/Residence District, B-3/Business District and 13-5/Business District within the Old Town District Overlay Zone to the C-2/Old Town District, subject to Commitments as shown in Exhibit B attached hereto. Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 03/21 /2016 Ordinance Z-611-16, Version A 1 ADOPTED by the Common Council of the City of Carmel, Indiana this 2l y t day of tUrc(n 20165 by a vote of _ ayes and 0 nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Laura D. Campbell E. CarterJ P �� �T Rnira Kimball Carol Schleif Christine S. Pauley,;Clerk- reasurer U Presented by me to the �f the City of Carmel, In Tana this, ,C 'day,f i%ii9 vC'C) 2061, at G� C"Cl 1>,iistine'S. Pauley Clerk -Treasurer Approved by me, Mayor of the Cit of Ca el, Indiana, this day of 2016, at�. Ja}�s Brainard, Mayor Prepared by: Adrienne Keeling, Planning Aduilnishator, One Civic Square, Cannel, IN 46032 T 03/21/2016 Ordinance Z-611-16, Version A 2 EXHIBIT A PROPERTY DESCRIPTION & LOCATION MAP Rezoning 12 parcels in a two -block area of the Carmel Arts & Design District, generally bound by West Main Street, 4"' Avenue SW, 15` Street SW and the Monon Greenway. The properties are identified by the following: r � � FA1 aftwo 'k ,qd Main Street TAX PARCEL ID: ADDRESS: DESCRIPTION: 16-09-25-16-01-001.000 331 W Main St 023 acre parcel 16-09-2546-01-001.001 0 4th Ave SW .19 acre parcel 16-09-2546-01-002.000 321 W Main St .24 acre parcel 16-09-2546-01-003.000 311 W Main St .16 acre parcel 16-09-2546-01-003.001 0 W Main St .09 acre parcel 16-09-2546-01-004.000 251 W Main St Lot 7, I. Mendenhall 16-09-2546-01-015.000 208 1st St SW Lot 11, I. Mendenhall 16-09-2546-01-016.000 220 1st St SW Lot 10, I. Mendenhall 16-09-2546-01-017.000 230 1st St SW Lot 9, I. Mendenhall 16-09-25-16-01-018.000 25 3rd Ave SW Lot 8, I. Mendenhall 16-09-2546-01-0199000 20 3rd Ave SW .20 acre parcel 16-09-25-16-01-020.000 320 1st St SW .20 acre parcel 03/21/2016 Ordinance Z-611-16, Version A 3 EXHIBIT B4* (12156 Merdian Associates, LLC) STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7-4-10151 the owners of the real estate located in Hamilton County, Indiana, which is described below, make the following COMMITMENTS concerning the use and development of the Real Estate: Legal Description: Lots 7-115 I. Mendenhall Addition Addresses: 251 W. Main Street, 25 3rd Avenue SW, 230 1" Street SW, 220 1st Street SW, 208 1st Street SW Docket No.: 15030009 Z Council Ordinance: Z-611-16 Statement of COMMITMENTS: 1. Maximum Building Height: a. Monon Greenway: 45' 2. Permitted Uses: Commercial, Retail and Service uses are limited to buildings along Main Street and the Monon Greenway. Portions of the property along 1st Street SW may only include Residential uses and parking. 3. Landscaping: a. All surface or structured parking located along 1st Street SW shall be screened so that headlights are not visible from across the street. Screening may include any combination of plantings, walls or other opaque materials. The minimum planting area shall be at least six (6) feet in width and include four (4) shade trees and (20) twenty shrubs per 100 linear feet. b. Foundation plantings shall be required along any occupiable building facade within twenty (20) feet of lst Street SW. Planting beds shall be at least five (5) feet in width, with exceptions for pedestrian access to building entrances. The primary landscaping materials used shall be shrubs, ornamental grasses and ground cover. Plantings shall cover 75% of the planting area. 4. Dumpster Location: Commercial trash storage and removal shall be internal to the site and not visible from a public street. Removal shall not occur from a public street. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. 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 adoption of Ordinance Z-611-16 by the Carmel Common Council changing the zoning classification of the Real Estate from the R-2/Residence District, B- 3/Business District and B-5Business District zoning classification to the C-2/Old Town District zoning classification. These COMMITMENTS may be enforced by the Carmel Department of Community Services or the Carmel Plan Commission. 03/21/2016 Ordinance Z-611-16, Version A 4 The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z-611-16. IN WITNESS WHEREOF, owners have executed this instrument this STATE OF INDIANA County of Public for Property Owner By: SS: (County in which notarization takes place) (Notary Public's county of residence) this (Property Owner, Attorney, or Power of Attorney) (SEAL) day of , 2016. 12156 Meridian Associates LLC Before me the undersigned, a Notary County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument 20 Notary Public --Signature Notary Public --Please Print My commission expires: Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 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. 03/21/2016 Ordinance Z-611-16, Version A 5 EXHIBIT 15-2: (Ardalan) STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7-4-1015, the owners of the real estate located in Hamilton County, Indiana, which is described below, make the following COMMITMENTS concerning the use and development of the Real Estate: Tax Parcel H): 16-09-25-16-01-002.000 0.24 acres 16-09-2546-01-003.001 0.09 acres Addresses: 321 W. Main Street, 0 W. Main Street Docket No.: 15030009 Z Council Ordinance: Z-611-16 Statement of COMMITMENTS: 1. Maximum Building Height: a. Main Street: 45' 2. The design and construction of new buildings on parcels with frontage on Main Street shall be per the Old Town Overlay Zone District Guidelines in 23D.03.03.B, Main Street District Sub Area. 3. The design and construction of a new Principal Building on the Real Estate shall allow access from Tax Parcel 16-09-2546-01-003.001 (via Third Avenue SW) only, and further commits to full closure and removal of the Main Street driveway at 321 W Main Street (Tax Parcel 16-09-25-16-01-002.000). 4. Dumpster Location: Commercial trash storage and removal shall be internal to the site and not visible from a public street. Removal shall not occur from a public street. 5. Phasing: Development proposed on a parcel adjacent to one or more existing homes in the same block shall be part of an overall master development plan for the entire block. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. 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 adoption of Ordinance Z-611-16 by the Carmel Common Council changing the zoning classification of the Real Estate from the R-2/Residence District zoning classification to the C-2/Old Town District zoning classification. These COMMITMENTS maybe enforced by the Carmel Department of Community Services or the Carmel Plan Commission. The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z-611-16. 03/21/2016 Ordinance Z-611-16, Version A 6 IN WITNESS WHEREOF, owners have executed this instrument this _ day of , 2016. STATE OF INDIANA County of Public for Property Owner By: SS: (County in which notarization takes place) (Notary Public's county of residence) this (Property Owner, Attorney, or Power of Attorney) (SEAL) Abdolaziz M & Masoomeh Ardalan Before me the undersigned, a Notary County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument 20 Notary Public --Signature Notary Public --Please Print My commission expires: Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 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. 03/21/2016 Ordinance Z-611-16, Version A 7 EXHIBIT B-3: (Birden) STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7-4-1015, the owners of the real estate located in Hamilton County, Indiana, which is described below, make the following COMMITMENTS concerning the use and development of the Real Estate: Tax Parcel H): 16-09-25-16-01-019.000 0.20 acres Addresses: 20 3rd Avenue SW Docket No.: 15030009 Z Council Ordinance: Z-611-16 Statement of COMMITMENTS: 1. Permitted Uses: Residential Uses and Parking 2. Landscaping: a. All surface or structured parking located along ls` Street SW shall be screened so that headlights are not visible from across the street. Screening may include any combination of plantings, walls or other opaque materials. The minimum planting area shall be at least six (6) feet in width and include four (4) shade trees and (20) twenty shrubs per 100 linear feet. b. Foundation plantings shall be required along any occupiable building facade within twenty (20) feet of 1" Street SW. Planting beds shall be at least five (5) feet in width, with exceptions for pedestrian access to building entrances. The primary landscaping materials used shall be shrubs, ornamental grasses and ground cover. Plantings shall cover 75% of the planting area. 3. Dumpster Location: Commercial trash storage and removal shall be internal to the site and not visible from a public street. Removal shall not occur from a public street. 4. Phasing: Development proposed on a parcel adjacent to one or more existing homes in the same block shall be part of an overall master development plan for the entire block. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. 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 adoption of Ordinance Z-611-16 by the Carmel Common Council changing the zoning classification of the Real Estate from the R-2/Residence District zoning classification to the C-2/Old Town District zoning classification. These COMMITMENTS maybe enforced by the Carmel Department of Community Services or the Carmel Plan Commission. The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z-611-16. 03/21/2016 Ordinance Z-611-16, Version A 8 IN WITNESS WHEREOF, owners have executed this instrument this day of , 2016. STATE OF INDIANA County of Public for Property Owner By: SS: (County in which notarization takes place) (Notary Public's county of residence) this (Property Owner, Attorney, or Power of Attorney) day of (SEAL) Lafonda J Birden Before me the undersigned, a Notary County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument Notary Public --Signature Notary Public --Please Print My commission expires: Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 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. 03/21/2016 Ordinance Z-611-16, Version A 9 EXHIBIT B4: (Endres) STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7-4-1015, the owners of the real estate located in Hamilton County, Indiana, which is described below, make the following COMMITMENTS concerning the use and development of the Real Estate: Tax Parcel ID: 16-09-25-16-01-020.000 0.20 acres 16-09-2546-01-001.001 0.19 acres Addresses: 320 0 Street SW 0 4`h Avenue SW Docket No.: 15030009 Z Council Ordinance: Z-61146 Statement of COMMITMENTS: 1. Permitted Uses: Residential Uses and Parking 2. Landscaping: a. All surface or structured parking located along I" Street SW or 4'Avenue SW shall be screened so that headlights are not visible from across the street. Screening may include any combination of plantings, walls or other opaque materials. The minimum planting area shall be at least six (6) feet in width and include four (4) shade trees and (20) twenty shrubs per 100 linear feet. b. Foundation plantings shall be required along any occupiable building facade within twenty (20) feet of I't Street SW. Planting beds shall be at least five (5) feet in width, with exceptions for pedestrian access to building entrances. The primary landscaping materials used shall be shrubs, ornamental grasses and ground cover. Plantings shall cover 75% of the planting area. 3. Dumpster Location: Commercial trash storage and removal shall be internal to the site and not visible from a public street. Removal shall not occur from a public street. 4. Phasing: Development proposed on a parcel adjacent to one or more existing homes in the same block shall be part of an overall master development plan for the entire block. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. 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 adoption of Ordinance Z-611-16 by the Carmel Common Council changing the zoning classification of the Real Estate from the R-2/Residence District zoning classification to the C-2/Old Town District zoning classification. These COMMITMENTS maybe enforced by the Carmel Department of Community Services or the Carmel Plan Commission. The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z-611-16. 03/21/2016 Ordinance Z-611-16, Version A 10 IN WITNESS WHEREOF, owners have executed this instrument this STATE OF INDIANA County of Public Property Owner By: SS: (County in which notarization takes place) (Notary Public's county of residence) this (Property Owner, Attorney, or Power of Attorney) day of (SEAL) day of , 2016. Dorothy L Endres Before me the undersigned, a Notary County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument 20 Notary Public --Signature Notary Public --Please Print My commission expires: Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 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. 03/21/2016 Ordinance Z-611-16, Version A 11 EXHIBIT B-5: (Meyers) STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY Al accordance with I.C. 36-7-4-1015, the owners of the real estate located in Hamilton County, Indiana, which is described below, make the following COMMITMENTS concerning the use and development of the Real Estate: Tax Parcel ID: 16-09-25-16-01-001.000 0.23 acres Addresses: 331 W. Main Street Docket No$0 15030009 Z Council Ordinance: Z-61I-16 Statement of COMMITMENTS: 1. The design and construction of new buildings on parcels with frontage on Main Street shall be per the Old Town Overlay Zone District Guidelines in 23D.03.03.B, Main Street District Sub Area 2. Landscaping: All surface or structured parking located along 4`h Avenue SW shall be screened so that headlights are not visible from across the street. Screening may include any combination of plantings, walls or other opaque materials. The minimum planting area shall be at least six (6) feet in width and include four (4) shade trees and (20) twenty shrubs per 100 linear feet. 3. Dumpster Location: Commercial trash storage and removal shall be internal to the site and not visible from a public street. Removal shall not occur from a public street. 4. Phasing: Development proposed on a parcel adjacent to one or more existing homes in the same block shall be part of an overall master development plan for the entire block. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. 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 adoption of Ordinance Z-611-16 by the Carmel Common Council changing the zoning classification of the Real Estate from the R-2/Residence District zoning classification to the C-2/Old Town District zoning classification. These COMMITMENTS maybe enforced by the Carmel Department of Community Services or the Carmel Plan Commission. 03/21/2016 Ordinance Z-611-16, Version A 12 The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z-611-16, IN WITNESS WHEREOF, owners have executed this instrument this _day of , 2016. STATE OF INDIANA County of Public for Property Owner By: SS: (County in which notarization takes place) (Notary Public's county of residence) this (Property Owner, Attorney, or Power of Attorney) day of (SEAL) Beth R Meyers Before me the undersigned, a Notary County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument 20 Notary Public --Signature Notary Public --Please Print My commission expires: Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 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. 03/21/2016 Ordinance Z-611-16, Version A 13 EXHIBIT D-0: (Petit) STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7-4-1015, the owners of the real estate located in Hamilton County, Indiana, which is described below, make the following COMMITMENTS concerning the use and development of the Real Estate: Tax Parcel ID: 16-09-25-16-01-003.000 0.16 acres Addresses: 311 W. Main Street Docket No.: 15030009 Z Council Ordinance: Z-611-16 Statement of COMMITMENTS: 1. Maximum Building Height: 45' 2. The design and construction of new buildings on parcels with frontage on Main Street shall be per the Old Town Overlay Zone District Guidelines in 2313.03.03.13, Main Street District Sub Area. 3. Dumpster Location: Commercial trash storage and removal shall be internal to the site and not visible from a public street. Removal shall not occur from a public street. 4. Phasing: Development proposed on a parcel adjacent to one or more existing homes in the same block shall be part of an overall master development plan for the entire block. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acqug an interest therein. 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 adoption of Ordinance Z-611-16 by the Carmel Common Council changing the zoning classification of the Real Estate from the R-2/Residence District zoning classification to the C-2/Old Town District zoning classification. These COMMITMENTS maybe enforced by the Carmel Department of Community Services or the Carmel Plan Commission. 03/21/2016 Ordinance Z-611-16, Version A 14 The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z-611-16, IN WITNESS WHEREOF, owners have executed this instrument this _day of , 2016. STATE OF INDIANA County of Public for Property Owner By: SS: (County in which notarization takes place) (Notary Public's county of residence) this (Property Owner, Attorney, or Power of Attorney) (SEAL) Bruce E Petit Before me the undersigned, a Notary County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument 20 Notary Public --Signature Notary Public --Please Print My commission expires: Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 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. 03/21/2016 Ordinance Z-611-16, Version A 15 2016027831 MISC $21.00 06/15/2016 02:49:21P 5 PGS Jennifer Hayden HAMILTON ��j County Recorded asPreder IN Presented %'� Illlllllllllillllllllllililllllllllllllllllll!IIIIIIilllllllllilllllll EXHIBIT B-1: (Monon & Main, LLQ F STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7-4-1015, the owners of the real estate located in Hamilton County, Indiana, which is described below, make the following COMMITMENTS concerning the use and development of the Real Estate: Legal Description: Lots 7-11, I. Mendenhall Addition Addresses: 251 W. Main Street, 25 3rd Avenue SW, 230 1" Street SW, 220 1" Street SW, 208 1" Street SW Docket No.: 15030009 Z Council Ordinance: Z-611-16 Statement of COMMITMENTS: 1. Maximum Building Height: a. Monon Greenway: 45' A, , 2. Permitted Uses: Commercial, Retail and Service uses are limited to buildings along Main Street and the Monon Greenway. Portions of the property along 15` Street SW may only include Residential uses and parking. 3. Landscaping: a. All surface or structured parking located along I' Street SW shall be screened so that headlights are not visible from across the street. Screening may include any. combination of plantings, walls or other opaque materials. The minimum planting area shall be at least six (6) feet in width and include four (4) shade trees and (20) twenty shrubs per 100 linear feet. b. Foundation plantings shall be required along any occupiable building facade within twenty (20) feet of 1s` Street SW. Planting beds shall be at least five (5) feet in width, with exceptions for pedestrian access to building entrances. The primary landscaping materials used shall be shrubs, ornamental grasses and ground cover. Plantings shall cover 75% of the planting area. 4. Dumpster Location: Commercial trash storage and removal shall be internal to the site and not visible from a public street. Removal shall not occur from a public street. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. 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 adoption of Ordinance Z-611-16 by the Carmel Common Council changing the zoning classification of the Real Estate from the R-2/Residence District, 13- 3Business District and B-5Business District zoning classification to the C-2/Old Town District zoning classification. These COMMITMENTS may be enforced by the Carmel Department of Community Services or the Carmel Plan Commission. The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z-611-16. IN WITNESS WHEREOF, owners have executed this instrument this ly day of . lv)) L. , 2016. STATE OF INDIANA County of Public Property er By: A� Charles Lazzar ana g Member Monon & , LLC SS: �A o_v-v 14-bvL (County in which notarization takes place) for r I (� I�✓L_l (Notary Public's county of residence) Before me the undersigned, a Notary County, State of Indiana, personally appeared L—(J�--Z2D`/'OAud acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) 1 L� day of Q__P'L'I 120 l � (SEAL) J nun � Notary Public --Signature Notary Public --Please Print My commission expires: Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 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.. OTZ s ei• LISAt County of Res: Ha mlRon My Comm. Expires 1-24-2021 Comm. No. 641496 DULY ENTERED FOR TAXATION Su 'ect to final cceptance for transfer day of P0A U ' Parccelel#jjpl�l Auditor of Hamilton County f•z5'•l10•D�•!i'Lf•/J/.Y7 Warranty Deed 2014001437 WRRR DEED S1a.00 01/16/2014 09:52:009 2 PGS Mary L. Clark MgMILTON County Recorder IN Recorded as Presented IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Parcel Nwr:ber 29-09-25-161-004.000-018 This Indenture Witnes8eth, that James Edward Pfister, a/lc/a James E. Pfister ("Grantor") of Hamilton County, State of Indiana, CONVEYS AND WARRANTS to 12156 Meridian Associates, LLC ("Grantee") of Hamilton County, in the State of Indiana, for the sum of One and no/100 Dollars ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, all of their rights, title, and interest in the following real estate in Hamilton County, State of Indiana, commonly known as 251 W. Main Street, Carmel, IN 46032, and more particularly described as: Lot Numbered 7 in Ira Mendenhall's Addition to the Town of Carmel, in Hamilton County, Indiana, as per plat thereof recorded in Deed Record 23, page 81, in the Office of the Recorder of Hamilton County, Indiana. Subject to taxes for November 2012, due and payable in November 2013, and subject to taxes payable thereafter. Subject to covenants, agreements, easements, restrictions and al l ri Ate of-- of rr.—A In Witness Whereof, Grantor has caused this deed tc DULY ENTERED FOR TAXATIOt� Sub'ect to final acceptance for trans er day of 2015 (6n Auditor of HamiltonUunty TRUSTEE'S DEED Parcel # •0 .a5. l• I (D,000` �o 2015023276 TR DEED $15.00 05/15/2015 03:35:31P 1 POS Jennifer Hayden HRNILTON County Recorder IN Reeerded as Presented IIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllllilllllllllllllll THIS INDENTURE WITNESSETH THAT Richard T. Davis, Jr. Successor Trustee and Arthur T. Davis, Successor Trustee, of the Davis Living Trust dated July 2,1996 do hereby GRANT AND CONVEY to 12156 Meridian Associates L.L.C., for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described property in Marion County, Indiana, to -wit: Lot Number 8 in Ira Mendenhall's Addition to the Town of Carmel, Indiana as per plat thereof recorded in Deed Record 23, page 81 in the Office of the Recorder of Hamilton County, Indiana. Parcel Number: 16-09-25-16-01-018.000 State Tax ID: 29-09-25-16-01-018-000-018 Property Address 25 Third Avenue, SW, Carmel, IN 46032 Subject to taxes for 2014 payable in November 2015, and subject to taxes payable thereafter. Subject to easements, restrictions, covenants and agreements of record. The Trustees have full power and authority to convey the above -described property and no party dealing with the Trustees shall have any duty to inquire about the authority of said Trustees or to see to the proper application by said Trustees of the proceeds of any such transaction. IN WITNESS WHEREOF Richard T. Davis, Jr. Successor Trustee and Arthur T. Davis, Successor Trustee, of the Davis Living Trust dated July 2, 1996 has executed this Deed this day of y 2015. r Richard T. Davis, Jr., Successor Trustee Arthur avis, Succe or Trustee STATE OF INDIANA ) SS: COUNTY OF MARION ) Before me a Notary Public in and for said County and State, personally appeared Richard T. Davis, Jr. Successor Trustee and Arthur T. Davis, Successor Trustee, of the Davis Living Trust dated July 2, 1996 who acknowledged the execution of the foregoing Trustee's Deed. Witness my hand and Notarial Seal this 1 V"" day of May 3015. Ji n .0011114 ViN. My Commission Expires: la`\m�3ol`l Residing in t 10.ru ice— County, State of Indiana. Mfou . I affmn, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number from this document, unless required by law. Michael J. Curry, Attorney This instrument prepared by Michael J. Curry, Attorney -at -Law. 3888419 �akEi x-o::..�ais't>.c/•1KEr`,4�rGtti-�-•� �Me�.� Case No. 2091256 Parcel Nm. 16-09-25-16-01-009.IX10; 16-09-25-16-01-008.000; 16-09-25-16-01-007.000; 16-09-25-16-01-006.000; 16-09-25-16-01-005.000; 16-09-25-16-01- 017.000; 16-09-25-16-01-016.000; and, 16-09-25-I&M-015.000 o a a o 0 0 98ce1^ LIMITED LIABILITY COMPANY WARRANTY DEED o This Dulenture Wimesseth, That MAIN & MONON PROPERTIES, LLC, anIndianaIndia oZ a Q , limited liability company, ("Grantor") of Hamilton County, in the State of Indiana, a L- Conveys and Warrants to 12156 MERIDIAN ASSOCIATES, LLC, ("Grantee") of Hamilton County, in the Slate of Indiana, for the sum of One Dollar ($1.00) and other valuable la yt'S is hereby acknowledged, the following y s� consideration, the receipt and sufficiency of which described redl estate in Hamilton County, in the State of Indiana: O ooQ , Tract Lots 4 and 5 in Ira Mendenhall's Addition to the Town, now City, of Carmel, as per plat thereof recorded in Deed Record 23, page 81, in the Office of the Recorder of Hamilton County, Indiana. Also, a strip 10 feel wide off of the east side of Lot 6 in Mendenhall's Addition to the Town of Carmel zB Tract Lot Number 6 in Ira Mevdenhall's Addition to the Town, now City, of Carmel, as per plat tyu N la i 0 thereof recorded in Deed Record 23, page 81, in the Office of the Recorder of HamiRon O E— County, Indiana. EXCEPT 10 feet off the East side thereof cu s a Also, Lots 9, 10, and Il in Ira Meudedrall's Addition to the Town, now City, of Carmel, as ,Q , per plat thereof recorded in Deed Record 23, page 81 in the Office of the Recorder of r— Hamilton County, Indiana. Subject To my and all easements, agreements, and restrictions of record. The address of 0 r s such real estate is commonly ]mown as: 221, 231 and 241 W. MAIN STREET, w.� CARMEL, INDIANA 46032; and, 230, 220 and 208 First Street SW, CARMEL, w -2 z m INDIANA 46032. Tax Bills shouldbe sent to Grande at such address unless 9cmise indicated below. _ :_ In Witness Whereof Grantor has executed this deed thS day of DECEMBER, 2009. emen t1- (SEAL) ATTEST: q(Seal) (Seal) 08. w MAIN&MERTIES, LLC, by its --aging member wy Thomas STATE OF INDIANA, HAMILTON COUNTY as: ACKNOWLEDGMENT v Before me, a Notary Public in and for the said County and State, personally appeared wus u c THOMAS J. LAZZARA as Managing Member for and on behalf of MAIN ON umm PROPERTIES, LLC, who ack owledged the execution of the foregoing W . and who, having been duly sworn, stated that thtat ons therein con Witness my hand and notarial seal this _ dayoflkc-2009 uti-.u"e My Commission Expires; Signature jhWb—a&umentpreparcd by David J. Barka, DAVID T. BAI Run, Carras4 IN46033 317-5064394. I affirm, under the p1 take, reasonable care la redact each social semrity number required by law. David J. Barker Bgtumtei�t TO: EXEMPT Notary Public sa i11 ty, Indiana av `aa u I2588 Sandstone s of perjury, that I have is document, unless CJ Izw 6 to f,o32- W1LLWA6.rxa- ¢Y=HmAl--v astmnEgl,es ��� Jura 3d, Zd16 2016027832 MISC $19.00 06/15/2016 02:49:21P 4 PGS Jennifer Hayden HAMILTON County Recorder IN Recorded as Presented EXHIBIT B-2: (Ardalan) IIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111111111111111111111111111! STATEMENT OF COMMITMENTS OMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7-4-1015, the owners of the real estate located in Hamilton County, Indiana, which is described below, make the following COMMITMENTS concerning the use and development of the Real Estate: Tax Parcel ID: 16-09-25-16-01-002.000 0.24 acres 16-09-25-16-01-003.001 0.09 acres Addresses: 321 W. Main Street, 0 W. Main Street Docket No.: 15030009 Z Council Ordinance: Z-611-16 Statement of COMMITMENTS: 1. Maximum Building Height: a. Main Street: 45' L x � 1 � � A - 2. The design and construction of new buildings on parcels with frontage on Main Street shall be per the Old Town Overlay Zone District Guidelines in 23D.03.03.B, Main Street District Sub Area. 3. The design and construction of a new Principal Building on the Real Estate shall allow access from Tax Parcel 16-09-25-16-01-003.001 (via Third Avenue SW) only, and further commits to full closure and removal of the Main Street driveway at 321 W Main Street (Tax Parcel 16-09-25-16-01-002.000). 4. Dumpster Location: Commercial trash storage and removal shall be internal to the site and not visible from a public street. Removal shall not occur from a public street. 5. Phasing: Development proposed on a parcel adjacent to one or more existing homes in the same block shall be part of an overall master development plan for the entire block. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. 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 adoption of Ordinance Z-611-16 by the Carmel Common Council changing the zoning classification of the Real Estate from the R-2/Residence District zoning classification to the C-2/Old Town District zoning classification. These COMMITMENTS may be enforced by the Cannel Department of Community Services or the Carmel Plan Commission. The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon £mal approval of Ordinance Z-611-16. IN WITNESS WHEREOF, owners have executed this instrument this Psi day of 4, 2016. STATE OF INDLANA SS: Property Owner � j A Abdolaziz M Ardalan Masoomeh Ardalan County of/1,%11 Before me the undersigned, a Notary Public (County in which notarization takes place) for VfAU01W County, State of Indiana, personally appeared (Notary Public's county of residence) Al 6'V 1 C 1Zt%�L and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) day of I- `' AI47 20 l =FRANA AMPILic - Sealdianaountyires Mar 1, 2023 A164A_1 Notary Pu!�6_ -Signatur FiZA f{ S X - �/p LL Notary Public --Please Print My commission expires: J3 — a( -Zvz--z. Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 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. �C� DULY ENTERED FOR TAXATION Subject to final acc Lance for transfer &4e T_L_day/ta`.M�,�.f,� -, 20L 11 ` K` i li) l d` ire hffft d Hamilton Cal* Parcel /(n - Oi- cZs- /Co-0/ • Qp3.0o / 2014043951 DEED $20.00 10/01/2014 09:38:40A 3 PGs Mary L. Clark HRMILTON Coun1v Recorder IN Recorded asIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII taost j� PERSONAL REPRESENTATIVE'S DEED k Y THIS INDENTURE WITNESSETH, That William Dwain Wethington, as Personal Representative of The Estate of Susan Joyce Wethington, deceased ("Grantor"), which estate is being administered without court supervision in accordance with the provisions of Indiana Code Sections 29-1-7.5-1 through 29-1-7.5-8 by the Probate Court of Hamilton County, Indiana under Estate Docket No. 29D01-1301-EU-0021 hereby CONVEYS ANq QUITCLAIM S to Abdolaziz M. Ardalan and Masoomeh Ardalan, as &4 /L= ("Grantee") of Hamilton County, in the State of Indiana, for the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate located in Hamilton County, in the State of Indiana: Parcel 1: A part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, bounded as follows: Beginning at a point 63.0 feet East of the Northwest corner of said East Half, run thence East on the North line of said East Half 65.5 feet, thence South parallel with the West line of said East Half 151 feet thence West 65.5 feet, thence North 151 feet to the place of beginning, containing 0.23 acre, more or less. EXCEPTING: A part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana and being all that part of the grantor's land, as described in a Warranty Deed recorded Deed Record 195, page 256 in the Office of the Recorder of the County and State aforesaid, 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 East Half Quarter Section designated point "54" on said Right of Way Parcel Plat thence North 89 degrees 52 minutes 35 seconds East (basis of bearings is the North line of said East Half Quarter Section as depicted on a certain Location Control Route Survey Plat, recorded as Instrument Number 200500058840 in the Office of said Recorder) 63.00 feet along the North line of said East Half Quarter Section to the Northwest corner of said grantor designated point "5026" on said Right of Way Parcel Plat; thence South 00 degrees 52 minutes 49 seconds West 25.00 feet along the West line of said grantor point "5017" as designated on said Right of Way Parcel Plat and the point of beginning; thence North 89 degrees 52 minutes 35 seconds East parallel with said North line 65.52 feet to the East line of said grantor designated point "5000" on said Right of Way Parcel Plat; thence South 00 degrees 52 minutes 49 seconds West 7.00 feet along said East line to point "5046" as designated on said Right of Way Parcel Plat; thence South 89 degrees 52 minutes 35 seconds West 12.72 feet to point "5047" as designated on said Right of Way Parcel Plat thence South 81 degrees 20 minutes 44 seconds West 20.22 feet to point "5048" as designated on said Right of Way Parcel Plat; thence South 89 degrees 52 minutes 35 seconds West 32.85 feet to said West line designated point "5049" on said Right of Way Parcel Plat; thence North 00 degrees 52 minutes 49 seconds East 10.00 feet along said West line to the point of beginning, containing 587.27 square feet more or less. Parcel 2: A part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest corner of said Half Quarter Section; thence North 90 degrees 00 minutes 00 seconds East (Assumed), along the North line of said Half Quarter Section, 128.5 feet; thence South 01 degree 01 minute 34 seconds West 105.50 feet to the point of beginning; thence North 90 degrees 00 minutes 00 seconds East, parallel to said North line, 66.00 feet; thence South 01 degree 01 minute 34 seconds West 60.50 feet; thence South 90 degrees 00 minutes 00 seconds West, parallel with said North line, 66.00 feet; thence North 01 degree 01 minute 34 seconds East 60.50 feet to the point of beginning, containing, 0.092 acres, more or less. This conveyance is subject to all rights -of -way, easements, agreements, restrictions and limitations of record; and all real estate taxes due and payable after the date of this instrument. The undersigned represents and affirms that the decedent Susan Joyce Wethington acquired title to the real estate described herein using the name Joyce S. Wethington and that the decedent, Susan Joyce Wethington, and Joyce S. Wethington are one and the same person. The undersigned represents and affirms that the decedent Susan Joyce Wethington, along with Manuel I. Wethington, also now deceased, acquired title to the above -described real estate as tenants by the entireties by deed dated July 23, 1979 and recorded July 25, 1979 as Instrument No. 10013 in Book 314, page 57 in the Office of the Recorder of Hamilton County, Indiana, and that they were husband and wife continuously and uninterruptedly from the date of said deed until the death of Manuel I. Wethington on October 15, 1994, and that title to the above described real estate is vested in Grantor as the surviving tenant by the entireties. IN WITf�EWHERE ,the ndersigne has executed this Personal Representative's Deed on behalf of Grantor this �� da of 20 / THE ESTATE OF SUSAN JOYCE WETHINGTON, DECEASED AQ",� lxxf By: William Dwain Wethington, Personal Representative AlU S161VE-0 - Mi�oNiNc INVALii? (N 7705 PAPGE7- EXHIBIT B-3: (Birden) STATEMENT OF COMMITMENTS OMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7-4-1015, the owners of the real estate located in Hamilton County, described below, make the following COMMITMENTS concerning the use and development of the Tax Parcel ID: 16-09-25-16-01-019.000 0.20 acres Addresses: 20 3`s Avenue SW Docket No.: 15030009 Z Council Ordinance:Z-611-16 Statement of COMMITMENTS: 1. Permitted Uses: Residential Uses and Parking ha, which is Estate: 2. Landscaping: a. All surface or structured parking located along ls` Street SW/hall be screened so that headlights are not visible from across the street. Screening may include anynation of plantings, walls or other opaque materials. The minimum planting area shall be t least six (6) feet in width and include four (4) shade trees and (20) twenty shrubs per 100 linear fee b. Foundation plantings shall be required along any ccupiable building facade within twenty (20) feet of I' Street SW. Planting beds shall be at least fi(5) feet in width, with exceptions for pedestrian access to building entrances. The primary landscap' g materials used shall be shrubs, ornamental grasses and ground cover. Plantings shall cover 75% Vthe planting area. 3. Dumpster Location: Commercial trash stage and removal shall be internal to the site and not visible from a public street. Removal shall no/me=p1an om a public street. 4. Phasing: Development proposedel adjacent to one or more existing homes in the same block shall be part of an overall master devel for the entire block. These COMMITMENTS shall be ding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. Th9ge COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a pu c hearing after proper notice has been given. COMMITMENTS contain96 in this instrument shall be effective upon the adoption of Ordinance Z-611-16 by the Carmel Common CouncX changing the zoning classification of the Real Estate from the R-2/Residence District zoning classification todic C-2/Old Town District zoning classification. These COMMITM S may be enforced by the Carmel Department of Community Services or the Carmel Plan Commission. The undersi ed hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z-611-16. IN WITNESS WHEREOF, owners have executed this instrument this _ day of Property Owner STATE OF INDIANA County of Public for M M9 (County in which notarization takes place) (Notary Public's county of residence) J Birden County, State and this (Property Owner, Attorney, or Power of Attorney) day of (SEAL) 2016. the undersigned, a Notary personally appeared the execution of the foregoing instrument 20 Notary Public --Signature Notary Public --Please Print My commission expires: Prepared by: Adrie Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 I affirm, under the 96nalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, urAss required by law. NOT SMiN Q-) - kFFW I nl6 INVA-U 0 ON 7HESE ?GELS EXHIBIT B-4: (Endres) STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7-4-1015, the owners of the real estate located in Hamilton County, described below, make the following COMMITMENTS concerning the use and development of the Tax Parcel ID: 16-09-25-16-01-020.000 0.20 acres I GIItPb�.� [atlCtZt�tItltiR L•�L31:> Addresses: 320 1"Street SW 0 4`s Avenue SW Docket No.: 15030009 Z Council Ordinance: Z-611-16 Statement of COMMITMENTS: 1. Permitted Uses: Residential Uses and Parking 2. Landscaping: a. All surface or structured parking located along I' headlights are not visible from across the street. ) walls or other opaque materials. The include four (4) shade trees and (20)1 na, which is Estate: SW or 4'h Avenue SW shall be screened so that rig may include any combination of plantings, area shall be at least six (6) feet in width and per 100 linear feet. b. Foundation plantings shall be required a ng any occupiable building facade within twenty (20) feet of 1 s` Street SW. Planting beds sha/er7r5'% least five (5) feet in width, with exceptions for pedestrian access to building entrances. The prim,dscaping materials used shall be shrubs, ornamental grasses and ground cover. Plantings shall co of the planting area. Dumpster Location: Commcrceg trash storage and removal shall be internal to the site and not visible from a public street. Removal sha of occur from a public street. 4. Phasing: Development p posed on a parcel adjacent to one or more existing homes in the same block shall be part of an overall m ter development plan for the entire block. These COMMITMENTS s ll be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest ther m. 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 ontained in this instrument shall be effective upon the adoption of Ordinance Z-611-16 by the Carmel Common ouncil changing the zoning classification of the Real Estate from the R-2/Residence District zoning classifrc on to the C-2/Old Town District zoning classification. These COMMITMENTS may be enforced by the Carmel Department of Community Services or the Carmel Plan The n7aersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the offi of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z-611-16. IN WITNESS WHEREOF, owners have executed this instrument this _ day of STATE OF INDIANA County of Public Property Owner 0 SS: (County in which notarization takes place) Dorothy L Endres for County, State (Notary Public's county of residence) 2016. the undersigned, a Notary personally appeared and ac owledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) day (SEAL) 20 Notary Public --Signature Notary Public --Please Print My commission expires: Prepared by: Adriegfte Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 I affirm, under the enalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, ess required by law. NOF D&NED - RETWY 47 INVA00 PN 7-HI S ?Atg6cL EXHIBIT B-5: (Meyers) STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY/ In accordance with I.C. 36-74-1015, the owners of the real estate located in Hamilton Co ty, Indiana, which is described below, make the following COMMITMENTS concerning the use and developmerlXof the Real Estate: TaxParcellD: 16-09-25-16-01-001.000 0.23 acres Addresses: 331 W. Main Street Docket No.: 15030009 Z Council Ordinance: Z-611-16 Statement of COMMITMENTS: 1. The design and construction of new buildings on parcels th frontage on Main Street shall be per the Old Town Overlay Zone District Guidelines in 23D.03.03. Main Street District Sub Area. 2. Landscaping: All surface or structured parking 1 ated along 4 s Avenue SW shall be screened so that headlights are not visible from across the street Screening may include any combination of plantings, walls or other opaque materials. The minimum pl ling area shall be at least six (6) feet in width and include four (4) shade trees and (20) twenty shrubs per 00 linear feet. 3. Dumpster Location: Commercial tr storage and removal shall be internal to the site and not visible from a public street. Removal shall not cur from a public street. 4. Phasing: Development propos d on a parcel adjacent to one or more existing homes in the same block shall be part of an overall master velopment plan for the entire block. These COMMITMENTS shall binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. ese COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a blic hearing after proper notice has been given. COMMITMENTS conta' ed in this instrument shall be effective upon the adoption of Ordinance Z-611-16 by the Carmel Common Cou cil changing the zoning classification of the Real Estate from the R-2/Residence District zoning classification the C-2/Old Town District zoning classification. These COMMTINTS may be enforced by the Carmel Department of Community Services or the Carmel Plan Commission. / The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z-611-16. , IN WITNESS WHEREOF, owners have executed this instrument this _ day of 2016. County of Public for Property Owner LE SS: (County in which notarization takes place) (Notary Public's county of residence) this (Property Owner, Attorney, or Power of day of (SEAL) Beth R Meyers me the undersigned, a Notary County, date of Indiana, personally appeared acknowledge the execution of the foregoing instrument 20 Notary Public --Signature Notary Pubhc--Please Print My commission expires: Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 I affirm, ung6r the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this docurAnt, unless required by law. NdT- SIANETj- PEZON1N6 /jQV9-Ll0 ON TH l S PAk6 L- EXHIBIT B-6: (Petit) STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7A-1015, the owners of the real estate located in Hamilton County, diana, which is described below, make the following COMMITMENTS concerning the use and development of t Real Estate: Tax Parcel ID: 16-09-25-16-01-003.000 0.16 acres Addresses: 311 W. Main Street Docket No.: 15030009 Z Council Ordinance: Z-611-16 Statement of COMMITMENTS: 1. Maximum Building Height: 45' 2. The design and construction of new buildings on parcels �yfth frontage on Main Street shall be per the Old Town Overlay Zone District Guidelines in 23D.03.03. ,Main Street District Sub Area. 3. Dumpster Location: Commercial trash storage a removal shall be internal to the site and not visible from a public street. Removal shall not occur from a ublic street. 4. Phasing: Development proposed on/gon m to one or more existing homes in the same block shall be part of an overall master develophe entire block. These COMMITMENTS shall bee owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. TheENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a publicroper notice has been given. COMMITMENTS contained ' this instrument shall be effective upon the adoption of Ordinance Z-611-16 by the Carmel Common Council c anging the zoning classification of the Real Estate from the R-2/Residence District zoning classification to the -2/Old Town District zoning classification. These COMMITME maybe enforced by the Carmel Department of Community Services or the Carmel Plan Commission. The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z-611-16. IN WITNESS WHEREOF, owners have executed this instrument this _ day of 2016. STATE OF INDIANA County of Public Property Owner M SS: (County in which notarization takes place) for (Notary Public's county of residence) Owner, Attorney, or day of (SEAL) Bruce E Petit Before me the undersigned, a Notary of Indiana, personally appeared acknowledge the execution of the foregoing instrument Pic, Notary Public --Signature Notary Public --Please Print My commission expires: Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 I affirm, un r the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this doc nt, unless required by law.