HomeMy WebLinkAboutRecorded Commitments 12-3-182018056038 MISC $25.00
12/03/2018 08:31:46A 9 PGS
Jennifer Hayden
HAMILTON County Recorder IN
Recorded as Presented
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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:
The following 13-1 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
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 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 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
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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 be 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.
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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 fagade area. Concrete block is not allowed as an exterior finish material unless it is on a garage
fagade that is either below grade, or that any portion of said garage fagade 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 1061h Street curb cut shall not be relocated. The owner shall not
request a relocation of the existing 1061h 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 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. 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 be 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.
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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 #1807000IZ 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.
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
7 -/j day of wee v!� 20 1
VA
Notary Public
A, 1, 4 �--4 - LL c- k J'd
Printed Name of Notary Public .
My Commission expires: i J I c� / Z -Z-
My County of residence: 1
ALEXANDRIA LEANN I10* HSTETLER
Notary Public - Seal
State of Indiana
Marion County
ny (or- mission 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
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LXHIBIT A
LEGAL DESOUPTION
A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in f lamilton
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 Nurthwest Quarter 330.0 feet to a point; thence South parallel with
the West line of said Quartet Section, 660.0 feet; then oo 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.
A1,SO:
A pad of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton
County, Indiana, and being that pan 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 "Y' on said
parcel plat; thence along the North line of said Section North 89 degrees 0.9 minutes 45 seconds
Bast 990.00 feet to the Northwest corner of the property described in Instrument I No.
2011006453 in the Office of the Recorder of Hamilton County, Indiana; thence Wong 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 depTeles 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 are 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.
E X CM P T:
A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton
County, Indiana, and being that part of tile grantor's land lying within the Tight of way lines
depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B", described as follows:
Commencing at the Northwest wrncr of said Quarter Section, designated as point "Y" on said
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parcel plat; thence. along the North line of said Section North 89 degrees 09 minutes 45 seconds
Fast 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 &st line South 00 degrees 02 minutes 50 seconds Fast 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 *et to the West line of the grantor 's land,
designated as point "336" on said plat; thence along said West lineV.-orth 00 degrees 02 minutes
03 seconds West 66,72.feet to the South boundary of 106th Street; thence continuing along said
West fine North 00 degrees 02 minutes 03 seconds West 10.00 feet to the point of beginning,
writaining 0.517 acres, more or less, inclusive of the presently existing right-of-way which
contains 0.076 aces, more or less.
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