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EX. D - SUMMARY OF COMMITMENT AMENDMENTS
A. Commitment Amendments: The requested commitment amendments to the Zoning
Commitments that were recorded on December 3, 2018, in the Office of the Recorder of Hamilton
County, Indiana, as Instrument Number 2018-056038 which Zoning Commitments were
associated with zoning petition Docket Number 1807001Z and Ordinance No. Z-636-18 (the
“Commitment Amendments”):
1. Section 1: To allow Nursing, Retirement or Convalescent Facility as a permitted use which is a
use that is permitted under the subject B-1 Zoning of the Real Estate.
2. Section 3: To delete the Hours of Operation limitations entirely from the Commitments, as the
proposed residential use would not be limited to certain hours of the day .
3. Section 9: To be modified as set forth below.
a. Amend maximum building square footage to allow an increase from 81,700 square feet
to approximately 258,000 square feet.
b. Amend the Building Height limitation of 45 feet, as set forth below:
i. For the majority of the residential portion of the building, Justus proposes a
building height of 47 feet to better accommodate the architectural design and
functionality of the building.
ii. Additionally, due to the natural slope of the site along the northern section of the
building that faces toward 106th Street, where the grade is significantly lower than
the southwest corner of the site, Justus proposes the building height to be
approximately 63 feet in height. This increase in height is confined solely to this
lower-lying area (northeast corner) and will not impact the visual integrity or
sightlines from the neighboring areas to the south and west. There are unique
topographical considerations on the site and the additional building height
request for this segment of the building is essential for the optimal development,
design and use of the property.
iii. Included with this Summary are exhibits that depict the proposed building height
Justus is requesting.
c. Amend the provision that states “building located on property shall be located
within 5’ of the 15’ type C bufferyard along the Illinois Street frontage of the
Subject Property. Justus has consulted with their civil engineer regarding the
placement of the building in relation to the designated 15-foot Type C buffer yard,
it has been observed that the building is situated 11.25 feet from the buffer at its
nearest point. Based on the analysis and assessment by the civil engineer, a
modification of the Commitment standard for the bufferyard along the Illinois
Street frontage is necessary.