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HomeMy WebLinkAbout331 W Main - Rezone Commitment CRC for Z-611-16EXHIBIT 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. 36-7-4-1015, 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.: 15030009 Z Council Ordinance: Z-611-16 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 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 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 may be enforced by the Carmel Department of Conummity 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. Z L) IN WITNESS WHEREOF, owners have executed this instrument this 14 day of )(/}1e 2M-6. 2V / Property Owner By: 43edrR-N*Yr's I q C wrmej icyy�Ied ewb lHA / �t7 ii�/44tssr dY t STATE OFINDIANA 6y Pd'VI fte�j5tk-y / �X�//`V� prv��✓ 0.5 County of i!6 n1 I I/) Before me the undersigned, a Notary Public (County in which notarization takes place) for Nw i I � h County, State of Indiana, personally appeared (Notary Public's county of residence) Ike ter-f � p5TP7 AS k and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) q{h day of (SEAL) MICHAEL LEE Notary Public - Seal Hamilton County - State of Indiana Commission Number NP0719893 My Commission Expires Apr 22, 2027 20 Lc 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