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Packet for PCC 10-01-24
Meridian Trails Commitment Amendment and Variances Docket No. PZ-2024-00122 CA, PZ-2024-00123 V, and PZ -2024-00130 V Supplemental Information October 1, 2024 Plan Commission Committee Applicant: Justus Companies Attorneys: Nelson & Frankenberger, LLC Jim Shinaver, Attorney Jon C. Dobosiewicz, Land Use Professional 317-844-0106 TABLE OF CONTENTS 1. Site Location Exhibit 2. Concept Site Plan 3. Architectural Exhibits 4. Building Materials Exhibit 5. Trip Generation Review 6. Parking Analysis 7. Building Height Exhibits 8. Distance and Cross Section Exhibits 9. West Perimeter Photos 10. 8’ Wall Photograph 11. Lighting Examples 12. Red line of 2024 Commitment Amendment 13. 2024 Commitment Amendments 14. 2018 Existing Commitments TAB 1 TAB 2 841' Scale MERIDIAN TRAILS CARMEL, INDIANA ACTIVE ADULT DEVELOPMENT 03.05.2024 1" = 80'-0" SITE PLAN SCHEME C TAB 3 TAB 4 AL U M I N U M S T O R E F R O N T EI F S CE M E N T I T I O U S P A N E L S MA S O N R Y AR C H I T E C T U R A L M E T A L ME T A L R A I L I N G aL U M I N U M S T O R E F R O N T ALU M I N U M S T O R E F R O N T ME T A L R A I L I N G ARC H I T E C T U R A L M E T A L MA S O N R Y EI F S CE M E N T I T I O U S P A N E L S & T R I M TAB 5 8365 Keystone Crossing, Suite 201 Indianapolis, Indiana 46240 (317) 202-0864 www.af-eng.com EXPERIENCE. REPUTATION. RELATIONSHIPS September 17, 2024 Mr. Mark Myers Vice President of Justus Construction The Justus Companies 1398 N. Shadeland Avenue Indianapolis, IN 46219 mmyers@justus.net Re: Meridian Trails Carmel, Indiana Dear Mr. Myers, Per your request, I have reviewed the proposed Meridian Trails apartment project with respect to the number of vehicles expected to be generated by the development and the street system that will serve the project. Additionally, a comparison was completed of the original plan that included an 83,000 square foot office building with the current plan. As currently planned, the development will include 169 dwelling units and 5,900 square feet of commercial that will be targeted for use by the residence. The apartments will be age-restricted to 55+ and served by two access points: one along 106th Street and one along Illinois Street. The 106th Street access point will be a right-in/right-out-only. The Illinois Street access point will be a full movement access point aligned with the driveway across the street, which is approximately 550 feet south of 106th Street. The following table is a trip generation comparison summary of the number of vehicles that can be expected to enter and exit the site during the AM peak and PM peak hours for the office development (original plan) and apartment development (current plan): Trip Generation Comparison Land Use Size AM PEAK PM PEAK Office Development (Original Plan) 83,000 sq. ft 143 142 Apartment Development (Current Plan) 169 dwelling units 33 42 Difference +110 +100 A&F ENGINEERING CO., LLC Meridian Trails Trip Generation Review Page 2 of 2 Based on the review of the number of trips generated and a site visit to review conditions of the street system, the following conclusions and recommendations are provided: • The number of trips generated by the development is minimal and will not negatively affect the surrounding street system including 106th Street and Illinois street. • The commercial portion of the development will be primarily used by the residents and will have minimal effect to the surrounding street system. • Based on the trip generation calculation it can be seen that the office building would generate significantly more trips than the proposed apartment development. • 106th Street Access Point: Due to the fact that this access point is being developed as right-in/right-out- only, it will work efficiently and should be designed with one inbound lane and one outbound lane. • Illinois Street Access Point: This access point should be developed as a full access. A left-turn lane should be provided on Illinois Street for vehicles entering the site. The access point should be developed with two outbound lanes and one inbound lane. If you have any questions, please contact me. Sincerely, A&F Engineering Co., LLC Steven J. Fehribach, P.E. President /aly TAB 6 Active Adult – Parking Research 2024 A parking strategy for a 55+ community, aiming for a ratio between 1.0 and 1.3 spaces per unit is generally in line with national trends and research, providing the right balance between convenience and space optimization. A parking ratio of around 1.3 spaces per unit for an active adult community can be advantageous for several reasons: 1. Space Efficiency: A 1.3 ratio ensures that there is ample parking for residents and visitors without excessive unused spaces. This prevents the unnecessary paving of land, making the development more efficient. 2. Increased Green Space: By reducing the number of parking spaces, you can allocate more space for landscaping, walking trails, gardens, and other green areas, creating a more attractive and peaceful environment. This green space can enhance the quality of life for residents, providing opportunities for outdoor activities and social interaction. 3. Environmental Benefits: Fewer paved areas mean less stormwater runoff, reducing the strain on local drainage systems and decreasing the risk of flooding. It also minimizes heat island effects, leading to cooler surroundings, which is particularly valuable in the summer months. 4. Aesthetic Appeal: More green space makes the community look more inviting and natural, aligning with the desires of many active adults who value wellness, nature, and an aesthetically pleasing living environment. 5. Encourages Walkability and Active Lifestyles: More green space and fewer parking lots can encourage residents to walk or use alternative modes of transportation, promoting a healthier, more active lifestyle. 6. Marketability: Prospective residents are more attracted to a community that feels less like a parking lot and more like a residential, nature‐focused environment. Comparison with Higher Parking Ratios: ‐ A higher parking ratio might suggest convenience but often leads to a more commercial appearance, which can be less appealing in an active adult community setting. ‐ Excess parking areas can become underutilized, taking up valuable land that could be used for amenities or landscaping that better serves residents' preferences and needs. Regarding Carmel's UDO: While active adult communities don’t fit neatly into the category of CCRC since they offer only one lifestyle versus a continuum of care, the parking requirement for CCRC ‐independent living is more appropriate at 1 space per unit. The Meridian Trails Active Adult community offers supportive services such as wellness and life enrichment and therefore qualifies as suites for the elderly under retirement/convalescent definition. However, the parking requirement under this section is 1 space per licensed bed which does not relate to an unlicensed environment. Therefore, a 1.3 parking ratio offers a balanced approach, meeting residents' needs while maximizing the quality and appeal of the community space. Typical Parking Ratios in 55+ Communities: 1. Urban/Suburban Areas: ‐ The ratio often ranges from 0.75 to 1.25 spaces per unit. ‐ Urban areas may lean towards the lower end of this range due to better access to public transportation and amenities within walking distance. ‐ Suburban settings, where residents are more likely to rely on personal vehicles, often prefer a ratio closer to 1 to 1.3 spaces per unit. 2. Independent Living Communities: ‐ Common ratios are around 1 to 1.3 spaces per unit, as many residents may still drive but not as frequently as those in general apartment communities. ‐ These communities often allocate additional guest parking at a ratio of about 0.2 to 0.3 spaces per unit. 3. Continuing Care Retirement Communities (CCRCs) and Assisted Living: ‐ For CCRCs with independent living units, parking ratios range from 0.5 to 1 space per unit. ‐ Assisted living facilities usually have a lower ratio, around 0.3 to 0.5 spaces per unit**, as fewer residents drive. Key Findings from Research: ‐ Age and Mobility Influence: As residents age, their driving frequency tends to decrease. Many residents in the 55+ bracket continue to drive, but by their late 70s or 80s, the number of drivers drops significantly. This trend supports a lower parking ratio over time. ‐ Public Transportation and Ride‐Sharing: In areas with good public transportation or access to ride‐ sharing services, communities can successfully maintain a lower parking ratio, as residents have alternative transportation options. ‐ Walking and Health: Communities that promote active lifestyles often find that residents prefer walking or using golf carts, reducing the demand for parking spaces. ‐ Green Space Preference: Many residents in 55+ communities prefer green spaces and recreational areas over large parking lots, suggesting that lower parking ratios can enhance the appeal and livability of the community. General Trends and Recommendations: ‐ A parking ratio of 1 to 1.3 spaces per unit is becoming the most common standard for active adult and independent living communities. ‐ Ratios are often adjusted based on the availability of alternative transportation options and the overall lifestyle offered by the community. Why This Matters: ‐ Communities that adopt a more conservative parking ratio find that it helps create a more attractive and enjoyable living environment for residents. ‐ It reduces costs, increases green spaces, and aligns with trends favoring walkability, sustainability, and wellness. Justus Active Adult Senior Communities Parking Ratios ‐ CWN has 330 parking spaces…299 apartments for a parking ratio of 1.1 spaces/unit Spaces ‐ CWS has 961 parking spaces….757 apartments for a parking ratio of 1.3 spaces/unit Spaces ‐ Promenade Trails Parking ‐ Parking required = .5 parking ratio of Spaces / unit = 75 Spaces ‐ Parking Planned = 164 spaces for 151 apartments for a parking ratio of 1.08 spaces/unit Spaces Sources 1. Institute of Transportation Engineers (ITE) Parking Generation Manual. This manual provides data on parking ratios for various land uses, including senior housing, and reflects the variations seen in urban and suburban settings. 2. Urban Land Institute (ULI) – "Emerging Trends in Real Estate”. This publication covers overall parking trends in real estate, including recommendations for active adult communities. 3. American Seniors Housing Association (ASHA) – "State of Seniors Housing” Annual Report. This report provides insights into parking needs across various types of senior living arrangements, including CCRCs and assisted living. 4. AARP Public Policy Institute – "Transportation Mobility Options for Older Adults". AARP’s research shows trends in driving frequency among older adults, supporting the need for lower parking ratios as residents age. 5. Transportation Research Board (TRB) studies and reports, which cover the impact of public transportation and ridesharing on parking demand in senior communities. 6. Centers for Disease Control and Prevention (CDC) – "Healthy Aging Research Network". The CDC offers studies on how walkability and active living impact older adults, leading to a reduced need for parking. 7. National Association of Home Builders (NAHB) – "What Home Buyers Really Want" survey. This survey indicates that 55+ buyers value green space and outdoor amenities over additional parking. 8. Urban Land Institute (ULI) – "Parking and the City". This publication covers overall parking trends in real estate, including recommendations for active adult communities. Note: By referring to the above listed sources, you can access more in‐depth data and examples to support each of the points regarding parking ratios in retirement housing communities. TAB 7 841' Scale MERIDIAN TRAILS CARMEL, INDIANA ACTIVE ADULT DEVELOPMENT 03.05.2024 1" = 80'-0" SITE PLAN SCHEME C Building Section Height B Typical Building Section Height A Typical Approximate locations of Building Height A Approximate locations of grade transition Approximate locations of Building Height B Courtyard / Units Beyond Units / Amenity Units 4th Level Roof 2nd Level Residential Level 3rd Level Units Beyond Courtyard / Parking Garage/ Units Beyond Units / Parking Garage 4th Level Roof 2nd Level Residential Level 3rd Level Entry Level ' 63 - 0 " Amenity / Units 47 ' - 0 " Scale MERIDIAN TRAILS CARMEL, INDIANA ACTIVE ADULT DEVELOPMENT 03.05.2024 1" = 60'-0" BUILDING SECTIONS SCHEME C 47'-0" Building Height A Building Height B Building Height A 47'-0" Building Height A TAB 8 Imagery ©2024 Airbus, Maxar Technologies, Map data ©2024 100 ft Measure distance Total distance: 70.16 ft (21.38 m) Meridian Trails 186'-6 1/2" 397'-3 1/4" 455'-1 1/2" West Facade Elevation Meridian Trails October 1, 2024 Site Sections Meridian Trails October 1, 2024 Courtyard Courtyard 186'-6" 202'-6" East - West Section North - South Section Parking Shelter8' Masonry Wall Parking Shelter West Neighbor Residence South Neighbor Residence 1st Level 2nd Level 3rd Level 4th Level Roof Level 1st Level 2nd Level 3rd Level 4th Level Roof Level 63 ' - 0 " 47 ' - 0 " 8' Masonry Wall TAB 9 TAB 10 TAB 11 Submitted by Professional Lighting Services Job Name: PROMENADE TRAILS OF NOBLESVILLE Owner: JUSTUS COMPANIES (Indianapolis) Catalog Number: 12' POLES Notes: Type: 2ND FL BAL PLS24-50663 GP200 Series Pole Finish The pole will be finished with an electrostatically applied polyester powder coat suitable for exterior use. The pole is pretreated using industry standard environmentally responsible processes for a long lasting and durable finish. Standard Finishes BK - Black (Gloss) BT - Black (Textured) SB - Statuary Bronze GN - Green Premium Finishes WH - White (Gloss) CV - Copper Vein GV - Green Vein CF - Custom Finishes Anchor Bolt Details (4) 1/2” Galvanized Steel L-Type Anchor Bolts (8) 1/2” Galvanized Steel Hex Nuts (8) 1/2” Galvanized Steel Flat Washers (8) 3/4” Galvanized Steel Flat Washers Tenons 3” OD x 3” Tall Tenon Standard TNS54 - 4” OD x 3” Tall Tenon slip fits over 5” smooth shaft TNF54 - 4” OD x 3” Tall Tenon slip fits over 5” fluted shaft LT - Less Tenon Other tenons available upon request Check fixture and/or arm spec sheet for tenon requirements Accessories GFCI - Provision for Ground Fault Circuit Interrupter outlet with NEC required wet location while in use type cover (WIUC). The cover is made of die cast aluminum and will be painted to match. GFCI Orientation is stated as degrees from access door and GFCI Placement on shaft must be specified in ordering guide below. TOP - placement will be 6” from top of pole. BOT - placement will be 6” above the access door. (Additional accessories below ordered separately) (See Accessories Page for ordering guide) Flag Pole Holder Single and Double Sided Field Rotatable Banner Arm Ordering Guide EXAMPLE Pole/Shaft Style Height Access Door Tenon Accessory GFCI Orientation GFCI Placement Base Cover Finish GP203 14 EAD Leave blank for standard GFCI BOT 180 BC4R BT GP203 08 EAD TNS54 GFCI TOP 0 BC4 BK GP204 10 TNF54 BOT 90 BC4R BT GP205 12 LT 180 BC5 SB GP206 14 270 GN Premium Finishes WH, CV, GV, CF Required Choose Finish Optional Pole Details 1605 N. Main St. Bldg B | Pearland, TX 77581 Phone 281-412-2944 | www.glpllc.co 4” 10” Anchor bolts are accessed by lifting the 2 pc base cover. Base Covers BC4 – Square 2 pc Base Cover for 4” Shaft BC4R– Round 2 pc Cast Base Cover for 4” Shaft BC5 – Square 2 pc Base Cover for 5” Shaft Index Page2/2Submitted On: Mar 10, 2024 Submitted by Professional Lighting Services Job Name: PROMENADE TRAILS OF NOBLESVILLE Owner: JUSTUS COMPANIES (Indianapolis) Catalog Number: HRZ-1-T4-16L-7-40K7-UNV-PT3-BLK Notes: Type: SB-4 PLS24-50663 MICRO OPTIC SYSTEM Our new cell-inclosed, micro optic silicone modules produce high clarity and outstanding performance. LED WATTAGE CHART 16L 32L 48L 64L 350 milliamps 18w --- 530 milliamps 28w 54w -- 700 milliamps 36w 71w 104w 137w 1050 milliamps 56w 106w 156w 205w Cat# Light Dist. # of LEDs Milliamps Kelvin Volts Mounting Color Options 120-277 (UNV) 347-480 (HV) Bronze Textured (BRZ) White Textured (WHT) Smooth White Gloss (SWT) Silver (SVR) Black Textured (BLK) Smooth Black Gloss (SBK) Graphite Textured (GPH) Grey Textured (GRY) Custom (CS) Notes: 1 2 3 4 5 16L Only 16L-32L Only Consult Factory for Lead Time. Consult Factory for 90 CRI Requests. Standard Universal Voltage 120-277 Post Top Over 2” OD (PT2) Post Top Over 3” OD (PT3) Post Top Over 3-1/2” OD (PT312) 16 (16L) 32 (32L) 48 (48L) 64 (64L) Type 2 (T2) Type 3 (T3) Type 4 (T4) Type 5 (T5) Horizon 1 (HRZ-1) 350 (35) 530 (53) 700 (7) 1050 (1) Dome Top (DT) Marine Grade Finish (MGF) House Side Shield (HSS) Photocell (PC) Nema 7-Pin Receptacle (PE7) Photocell + Receptacle (PCR) Receptacle + Shor ting Cap (PER) FSP-211 with Motion Sensor (FSP-8) 8'+ Below (FSP-20) 9'-20’Heights (FSP-40) 21'-40' Heights Bird Spikes (BS) 5 5 5 5 2700K, 80 CRI (27K8) 3000K, 70 CRI (30K7) 3000K, 80 CRI (30K8) 3500K, 80 CRI (35K8) 4000K, 70 CRI (40K7) 4000K, 80 CRI (40K8) 5000K, 70 CRI (50K7) 5000K, 80 CRI (50K8) 3 4 1 3 2 3 3 3 REV. 06.30.22 1 Horizon Post Top luminaire is a blend of beautiful luminaire design which is a compliment to commercial or recreational pathways. It is named the Horizon because the luminaire is intended to be a vehicle of which the horizon can be viewed through the inside and around the luminaire without obstruction. This Dark Sky Friendly Full Cutoff luminaire utilizes silicone Micro Optics to distribute light uniformly as its LEDs are recessed and hidden. Its performance exceeds IES minimum foot candle levels at lower wattage and extends maintenance cycles throughout its lifetime. Horizon PT is available in 2700, 3000K, 3500K, 4000K, 5000K Kelvin temperatures and a range of 18 to 205 watts. Built to conform to the strictest Made in America standards. Designed, tooled, fabricated and assembled in the USA. ARCHITECTURAL LIGHTING HORIZON PT Project Name:Type: Index Page1/3Submitted On: Mar 10, 2024 Submitted by Professional Lighting Services Job Name: PROMENADE TRAILS OF NOBLESVILLE Owner: JUSTUS COMPANIES (Indianapolis) Catalog Number: HRZ-1-T4-16L-7-40K7-UNV-PT3-BLK Notes: Type: SB-4 PLS24-50663 701 Kingshill Place, Carson, CA 90746 Call Us Today (310) 341-2037 nlslighting.com PRODUCT SPECIFICATIONS 24.00 25.75 D C B AA B C D 12345678 8 7 6 5 4 3 2 1 NEXT ASSY USED ON APPLICATION DIMENSIONS ARE IN INCHESTOLERANCES: FRACTIONAL ANGULAR: MACH 1 BEND 1 TWO PLACE DECIMAL .031 THREE PLACE DECIMAL .015 INTERPRET GEOMETRIC TOLERANCING PER: MATERIAL FINISH DRAWN CHECKED ENG APPR. MFG APPR. Q.A. COMMENTS: DATENAME TITLE: SIZEB DWG. NO.REV WEIGHT: SCALE: NTS UNLESS OTHERWISE SPECIFIED: 5/26/16 HORIZON SHEET 1 OF 1 HRZLED DO NOT SCALE DRAWING JR PROPRIETARY AND CONFIDENTIAL THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF NLS LIGHTING. ANY REPRODUCTION IN PART OR AS A WHOLE WITHOUT THE WRITTEN PERMISSION OF NLS LIGHTING. IS PROHIBITED. 19500 S. Rancho Way #105Rancho Dominguez, CA. 90220 Ph: 310-341-2037 B A * Showing Dome Top Option 2 Housing: Low Profile Cast, Spun Aluminum Housing + Frame LED: Lumileds Luxeon MX Optics: Micro Optics; T2, T3, T4 and T5 Watts: 18-205 Listings: Conforms to UL 1598 Standards Driver: 0-10V Dimming driver as standard by Philips Advance THD @ Max Load < 15% Power Factor @ Max Load < 0.95 Kelvin: 2700K, 3000K, 3500K, 4000K, or 5000K CRI: 70, 80 or 90 Finish: 5 mils Powder Coat Warranty: Standard Warranty is 5 years for Driver and LEDs Surge Protection: 20KA supplied as standard DIMENSION HRZ-1 A 24.00 in B 25.75 in EPA STD TOP DOME TOP HRZ-1 1.15 1.40 Index Page2/3Submitted On: Mar 10, 2024 Gateway |51117BK Job Name:________________ Job Type:________________ Quantity:________________ Comments:________________ PRODUCT DESCRIPTION Great for Dark Sky applications, this economical LED option is constructed of high impact Black polycarbonate, making it perfect for multi-family projects. Choose the photocell option to add automation to this fixture and consideration to the environment. MEASUREMENTS DIMENSION : 7'' W x 5'' H x 7.25'' Ext BACK PLATE : 4.75'' W x 4.75'' H x 2.5'' HCO HANGING WEIGHT : 0.74 lb LAMPING INPUT VOLTAGE : 120V LUMENS : 980 Rated (440 Del.) BULB : 1 x 8W LED AC Integrated , 8W Total BULB INCLUDED : (Integrated) DIMMABLE : N CRI : 90 CRI COLOR_TEMP : 3000K LIGHTING_DIRECTION : Down FINISHES OPTION Black (BK) MATERIAL PC RATINGS cETLus Wet Location ADDITIONAL INSTALL UP/DOWN: Down RATED LIFE 25000 Hours OPERATING TEMPERATURE: -20°C (-4°F), 40°C (104°F) Always consult a qualified electrician before installing any lighting product. Job Name :Promenade Trails - The Cottages Manufacturer :MAXIM Model Number :51117FTBK Type : UW2 October 19, 2023 Index Prepared By: Professional Lighting Services Michael Netherton | michaeln@professionallightingservices.com 6 TAB 12 AMENDED COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATE Document Cross Reference: Commitments Concerning the Use or Development of Real Estate Made in Connection with a Variance, Special Exception or Approval Grant, Recorded with the Hamilton County Recorder’s Office on December 3, 2018, as Instrument No. 2018-056038 and Warranty Deed Recorded with the Hamilton County Recorder’s Office on February 17, 2021, as Instrument No. 2021-12399. WHEREAS, 10580 N. Illinois St., LLC (the “Owner”) and Justus Companies (the “Applicant”) filed zoning petitions identified as Docket Numbers PZ-2024-00122 CA; PZ-2024- 00123 V; and, PZ-2024-00130 V (collectively, the “Applications”) with the City of Carmel Plan Commission (the “Plan Commission”) pertaining to parcels of real estate that are identified by the Hamilton County, Indiana Auditor’s Office as Tax Parcel Identification Numbers 16-13-11-00- 00-039.000 and 17-13-11-00-00-002.000 (collectively, the “Real Estate”), which Real Estate is more particularly described in Exhibit A which is attached hereto and incorporated herein by reference; WHEREAS, pursuant to I.C. 36-7-4-1015, and the City of Carmel’s Unified Development Ordinance (the “UDO”), the Plan Commission may modify a prior written zoning commitment, and the Owner and Applicant, seek to amend and modify certain “Commitments Concerning the Use or Development of Real Estate Made in Connection With a Variance, Special Exception or Approval Grant, Recorded with the Hamilton County Recorder’s Office on December 3, 2018, as Instrument No. 2018-056038” (the “2018 Commitments”); WHEREAS, the Owner and Applicant are requesting the Plan Commission consider approval of the Applications subject to the amendment and modification of the 2018 Commitments, as set forth herein, which amendment and modification shall be referred to herein as the “2024 Amended Commitments”; WHEREAS, the Owner and Applicant make the following 2024 Amended Commitments to the Plan Commission regarding the use and development of the Real Estate. Numbered sections of the 2018 Commitments that are to be amended and modified are set forth in in these 2024 Amended Commitments; and, NOW, THEREFORE, BE IT ORDAINED that the Plan Commission hereby approves, adopts and ratifies the 2024 Amendment Commitments, as set forth below, and any provisions contained in the 2018 Commitments that are not specifically amended, modified or superseded herein by the 2024 Amended Commitments shall remain in full force and effect. 1. Amended 2024 Commitments. The use and development of the Real Estate is subject to the following 2024 Amended Commitments: A. Commitment #1 of 2018 Commitments: Nursing, Retirement or Convalescent Facility, as defined by the UDO, shall be an additional permitted primary use on the Real Estate. 2 | P a g e B. Commitment #2 of 2018 Commitments: The uses listed below shall be permitted as additional accessory uses within the building to be constructed on the Real Estate: 1. Medical-spa; outpatient therapy services; massage therapy center; health and wellness center; pharmacy and health retail services; yoga and meditation studio; chiropractic and acupuncture clinic; podiatry clinic; personal trainer, audiology and hearing aid services; optometry and eyewear store; dental clinic nutrition and health food store; bookstore and reading lounge; beauty salon, barber shop; nail salon and waxing center and musculoskeletal health center C. Commitment #3 of the 2018 Commitments: The commitment pertaining to hours of operation limitations shall be eliminated and vacated and there shall be no hours of operation limitations applicable to the Real Estate. D. Commitment #4 of the 2018 Commitments: The reference to the “Exhibit B -Site Plan” in the 2018 Commitments shall be applicable to designate the approximate location of the masonry privacy wall that shall be constructed on the Real Estate and the 30’ setback and green buffer that shall be required for the Real Estate. The building positioning shown on “Exhibit B – Site Plan” of the 2018 Commitments shall not be applicable and shall not be enforceable. A site plan depicting the building positioning on the Real Estate shall be required by the Plan Commission as part of a future Development Plan approval that shall be required for the Real Estate. E. Commitment #7 of the 2018 Commitments: The commitment, including “Exhibit - C”, shall be eliminated, vacated, superseded and replaced with the following commitment: a. Any building to be constructed on the Real Estate shall feature the quality and character of the architectural design and materials similar to the building images shown on what is attached hereto and incorporated herein by reference as “Exhibit B””. Further, the final architectural design, materials and colors of the building to be constructed on the Real Estate shall be substantially similar and consistent to the building images included in “Exhibit B” which final building design shall be determined as part of the required DP/ADLS approval process. F. Commitment #9 of the 2018 Commitments: The specific provisions below shall replace and supersede the provisions contained in Commitment #9 of the 2018 Commitments: i. The Maximum Building Square Footage shall be 258,000 square feet. ii. The Maximum Building Height shall be 47 feet for a majority of the building to be constructed on the Real Estate. 3 | P a g e iii. The Maximum Building Height for that portion of the building to be constructed on the northeast section of the Real Estate that faces toward 106th Street shall be 63 feet, and this increased height maximum is confined solely to this lower-lying area (the northeast corner of the Real Estate). iv. The building on the Real Estate shall be located within 30’ of Illinois Street. G. Additional 2024 Commitment HOPA Age Restricted Community: The Meridian Trails development shall be subject to the Housing for Older People’s Act (HOPA) that regulates age restricted communities. 3. Modification of 2024 Amended Commitments. These 2024 Amended Commitments shall continue in full force and effect until modified or terminated by the Plan Commission pursuant to UDO and the Plan Commission’s Rules of Procedure. 4. Effective Date. These 2024 Amended Commitments shall be effective upon the Plan Commission’s approval of the Applications. 5. Recording. These 2024 Amended Commitments shall be recorded with the Office of the Recorder of Hamilton County, Indiana by the Owner or Applicant upon approval of the Applications by the Plan Commission. Within thirty (30) days after the recording of these 2024 Amended Commitments, the Owner or Applicant shall provide to the City of Carmel’s Director of Community Services a recorded copy of these 2024 Amended Commitments. 6. Enforcement. These 2024 Amended Commitments may be enforced by the Plan Commission or the City of Carmel’s Director of Community Services. 7. Binding on Successors. These 2024 Amended Commitments are binding upon (i) each owner of the Real Estate and (ii) upon each owner’s successors, assigns and grantees with respect to the portion of the Real Estate owned by such successor, assign and grantee and during such successor’s, assign’s and grantee’s ownership, unless modified or terminated by the Plan Commission pursuant to Paragraph 3 above. Notwithstanding the provisions of this Paragraph 7, these 2024 Amended Commitments and the 2018 Commitments shall terminate as to any part or parts of the Real Estate for which the zoning district or classification is later rezoned and/or changed after the Effective Date. - Signatures Pages on Following Pages - 4 | P a g e IN WITNESS WHEREOF, the Owner and Applicant have caused these Commitments to be executed as of the dates identified below. - Signatures Pages on Following Pages - “Owner” 10580 N. Illinois St., LLC By: ____________________________ Name: ____________________________ Title: ____________________________ Date: ___________________, 2024 STATE OF INDIANA ) ) SS.: COUNTY OF ______________ ) Before me the undersigned, a Notary Public, in and for said County and State, personally appeared ______________________________ (name) as _______________________ (title) of 10580 N. Illinois St., LLC, as the Owner, who acknowledged the execution and the foregoing 2024 Amended Commitments this _____ day of _____________, 2024 for and on behalf of said entity. WITNESS my hand and Notarial Seal this _________ day of _________________, 2024. My Commission Expires: ___________________________________ ____________________ Notary Public 5 | P a g e Residing in _____________ ___________________________________ County of _____________ Printed Name “Applicant” Justus Companies By: ____________________________ Name: ____________________________ Title: ____________________________ Date: ___________________, 2024 STATE OF INDIANA ) ) SS.: COUNTY OF ______________ ) Before me the undersigned, a Notary Public, in and for said County and State, personally appeared ______________________________ (name) as _______________________ (title) of Justus Companies, as the Applicant, who acknowledged the execution and the foregoing 2024 Amended Commitments this _____ day of _____________, 2024 for and on behalf of said entity. WITNESS my hand and Notarial Seal this _________ day of _________________, 2024. My Commission Expires: ___________________________________ ____________________ Notary Public 6 | P a g e Residing in _____________ ___________________________________ County of _____________ Printed Name This instrument prepared by James E. Shinaver and Jon Dobosiewicz, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210, Carmel, IN 46032. Return to: James E. Shinaver, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210, Carmel, IN 46032. I affirm under the penalties of perjury that I have taken reasonable care to redact each social security number in this document, unless required by law. James E. Shinaver. EXHIBIT A Legal Description (Page 1 of 3) A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton 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 Northwest Quarter 330.0 feet to a point; thence South parallel with the West line of said Quarter Section 660.0 feet; thence 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. ALSO: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana, and being that part 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 corner of said Quarter Section, designed as point “3” on said parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 990.00 feet to the Northwest corner of the property described in Instrument No. 2011006453 in the Office of the Recorder of Hamilton County, Indiana; thence along 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 degrees 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 arc 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 East 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. EXCEPT: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part 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 corner of said Quarter Section, designated as point “3” on said parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 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 East line South 00 degrees 02 minutes 50 seconds East 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 feet to the West line of the grantor ’s land, designated as point “336” on said plat; thence along said West line North 00 degrees 02 minutes 03 seconds West 66.72 feet to the South boundary of 106th Street; thence continuing along said West line North 00 degrees 02 minutes 03 seconds West 10.00 NORTH SITE Meridian Trails - Site Location Map 106th Street EXHIBIT “B” Character Building Imagery (Page 1 of 2) TAB 13 AMENDED COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATE Document Cross Reference: Commitments Concerning the Use or Development of Real Estate Made in Connection with a Variance, Special Exception or Approval Grant, Recorded with the Hamilton County Recorder’s Office on December 3, 2018, as Instrument No. 2018-056038 and Warranty Deed Recorded with the Hamilton County Recorder’s Office on February 17, 2021, as Instrument No. 2021-12399. WHEREAS, 10580 N. Illinois St., LLC (the “Owner”) and Justus Companies (the “Applicant”) filed zoning petitions identified as Docket Numbers PZ-2024-00122 CA; PZ-2024- 00123 V; and, PZ-2024-00130 V (collectively, the “Applications”) with the City of Carmel Plan Commission (the “Plan Commission”) pertaining to parcels of real estate that are identified by the Hamilton County, Indiana Auditor’s Office as Tax Parcel Identification Numbers 16-13-11- 00-00-039.000 and 17-13-11-00-00-002.000 (collectively, the “Real Estate”), which Real Estate is more particularly described in Exhibit A which is attached hereto and incorporated herein by reference; WHEREAS, pursuant to I.C. 36-7-4-1015, and the City of Carmel’s Unified Development Ordinance (the “UDO”), the Plan Commission may modify a prior written zoning commitment, and the Owner and Applicant, seek to amend and modify certain “Commitments Concerning the Use or Development of Real Estate Made in Connection With a Variance, Special Exception or Approval Grant, Recorded with the Hamilton County Recorder’s Office on December 3, 2018, as Instrument No. 2018-056038” (the “2018 Commitments”); WHEREAS, the Owner and Applicant are requesting the Plan Commission consider approval of the Applications subject to the amendment and modification of the 2018 Commitments, as set forth herein, which amendment and modification shall be referred to herein as the “2024 Amended Commitments”; WHEREAS, the Owner and Applicant make the following 2024 Amended Commitments to the Plan Commission regarding the use and development of the Real Estate. Numbered sections of the 2018 Commitments that are to be amended and modified are set forth in in these 2024 Amended Commitments; and, NOW, THEREFORE, BE IT ORDAINED that the Plan Commission hereby approves, adopts and ratifies the 2024 Amendment Commitments, as set forth below, and any provisions contained in the 2018 Commitments that are not specifically amended, modified or superseded herein by the 2024 Amended Commitments shall remain in full force and effect. 1. Amended 2024 Commitments. The use and development of the Real Estate is subject to the following 2024 Amended Commitments: A. Commitment #1 of 2018 Commitments: Nursing, Retirement or Convalescent Facility, as defined by the UDO, shall be an additional permitted primary use on the Real Estate. 2 | P a g e B. Commitment #2 of 2018 Commitments: The uses listed below shall be permitted as additional accessory uses within the building to be constructed on the Real Estate: 1. Medical-spa; outpatient therapy services; massage therapy center; health and wellness center; pharmacy and health retail services; yoga and meditation studio; chiropractic and acupuncture clinic; podiatry clinic; personal trainer, audiology and hearing aid services; optometry and eyewear store; dental clinic nutrition and health food store; bookstore and reading lounge; beauty salon, barber shop; nail salon and waxing center and musculoskeletal health center C. Commitment #3 of the 2018 Commitments: The commitment pertaining to hours of operation limitations shall be eliminated and vacated and there shall be no hours of operation limitations applicable to the Real Estate. D. Commitment #4 of the 2018 Commitments: The reference to the “Exhibit B -Site Plan” in the 2018 Commitments shall be applicable to designate the approximate location of the masonry privacy wall that shall be constructed on the Real Estate and the 30’ setback and green buffer that shall be required for the Real Estate. The building positioning shown on “Exhibit B – Site Plan” of the 2018 Commitments shall not be applicable and shall not be enforceable. A site plan depicting the building positioning on the Real Estate shall be required by the Plan Commission as part of a future Development Plan approval that shall be required for the Real Estate. E. Commitment #7 of the 2018 Commitments: The commitment, including “Exhibit - C”, shall be eliminated, vacated, superseded and replaced with the following commitment: a. Any building to be constructed on the Real Estate shall feature the quality and character of the architectural design and materials similar to the building images shown on what is attached hereto and incorporated herein by reference as “Exhibit B”. Further, the final architectural design, materials and colors of the building to be constructed on the Real Estate shall be substantially similar and consistent to the building images included in “Exhibit B” which final building design shall be determined as part of the required DP/ADLS approval process. F. Commitment #9 of the 2018 Commitments: The specific provisions below shall replace and supersede the provisions contained in Commitment #9 of the 2018 Commitments: i. The Maximum Building Square Footage shall be 258,000 square feet. ii. The Maximum Building Height shall be 47 feet for a majority of the building to be constructed on the Real Estate 3 | P a g e iii. The Maximum Building Height for that portion of the building to be constructed on the northeast section of the Real Estate that faces toward 106th Street shall be 63 feet, and this increased height maximum is confined solely to this lower-lying area (the northeast corner of the Real Estate). iv. The building on the Real Estate shall be located within 30’ of Illinois Street. G. Additional 2024 Commitment HOPA Age Restricted Community: The Meridian Trails development shall be subject to the Housing for Older People’s Act (HOPA) that regulates age restricted communities. 3. Modification of 2024 Amended Commitments. These 2024 Amended Commitments shall continue in full force and effect until modified or terminated by the Plan Commission pursuant to UDO and the Plan Commission’s Rules of Procedure. 4. Effective Date. These 2024 Amended Commitments shall be effective upon the Plan Commission’s approval of the Applications. 5. Recording. These 2024 Amended Commitments shall be recorded with the Office of the Recorder of Hamilton County, Indiana by the Owner or Applicant upon approval of the Applications by the Plan Commission. Within thirty (30) days after the recording of these 2024 Amended Commitments, the Owner or Applicant shall provide to the City of Carmel’s Director of Community Services a recorded copy of these 2024 Amended Commitments. 6. Enforcement. These 2024 Amended Commitments may be enforced by the Plan Commission or the City of Carmel’s Director of Community Services. 7. Binding on Successors. These 2024 Amended Commitments are binding upon (i) each owner of the Real Estate and (ii) upon each owner’s successors, assigns and grantees with respect to the portion of the Real Estate owned by such successor, assign and grantee and during such successor’s, assign’s and grantee’s ownership, unless modified or terminated by the Plan Commission pursuant to Paragraph 3 above. Notwithstanding the provisions of this Paragraph 7, these 2024 Amended Commitments and the 2018 Commitments shall terminate as to any part or parts of the Real Estate for which the zoning district or classification is later rezoned and/or changed after the Effective Date. - Signatures Pages on Following Pages - 4 | P a g e IN WITNESS WHEREOF, the Owner and Applicant have caused these Commitments to be executed as of the dates identified below. “Owner” 10580 N. Illinois St., LLC By: ____________________________ Name: ____________________________ Title: ____________________________ Date: ___________________, 2024 STATE OF INDIANA ) ) SS.: COUNTY OF ______________ ) Before me the undersigned, a Notary Public, in and for said County and State, personally appeared ______________________________ (name) as _______________________ (title) of 10580 N. Illinois St., LLC, as the Owner, who acknowledged the execution and the foregoing 2024 Amended Commitments this _____ day of _____________, 2024 for and on behalf of said entity. WITNESS my hand and Notarial Seal this _________ day of _________________, 2024. My Commission Expires: ___________________________________ ____________________ Notary Public Residing in _____________ ___________________________________ County of _____________ Printed Name 5 | P a g e “Applicant” Justus Companies By: ____________________________ Name: ____________________________ Title: ____________________________ Date: ___________________, 2024 STATE OF INDIANA ) ) SS.: COUNTY OF ______________ ) Before me the undersigned, a Notary Public, in and for said County and State, personally appeared ______________________________ (name) as _______________________ (title) of Justus Companies, as the Applicant, who acknowledged the execution and the foregoing 2024 Amended Commitments this _____ day of _____________, 2024 for and on behalf of said entity. WITNESS my hand and Notarial Seal this _________ day of _________________, 2024. My Commission Expires: ___________________________________ ____________________ Notary Public Residing in _____________ ___________________________________ County of _____________ Printed Name This instrument prepared by James E. Shinaver and Jon Dobosiewicz, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210, Carmel, IN 46032. Return to: James E. Shinaver, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210, Carmel, IN 46032. I affirm under the penalties of perjury that I have taken reasonable care to redact each social security number in this document, unless required by law. James E. Shinaver. EXHIBIT A Legal Description (Page 1 of 3) A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton 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 Northwest Quarter 330.0 feet to a point; thence South parallel with the West line of said Quarter Section 660.0 feet; thence 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. ALSO: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana, and being that part 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 corner of said Quarter Section, designed as point “3” on said parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 990.00 feet to the Northwest corner of the property described in Instrument No. 2011006453 in the Office of the Recorder of Hamilton County, Indiana; thence along 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 degrees 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 arc 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 East 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. EXCEPT: A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part 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 corner of said Quarter Section, designated as point “3” on said parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds East 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 East line South 00 degrees 02 minutes 50 seconds East 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 feet to the West line of the grantor ’s land, designated as point “336” on said plat; thence along said West line North 00 degrees 02 minutes 03 seconds West 66.72 feet to the South boundary of 106th Street; thence continuing along said West line North 00 degrees 02 minutes 03 seconds West 10.00 NORTH SITE Meridian Trails - Site Location Map 106th Street EXHIBIT “B” Character Building Imagery (Page 1 of 2) TAB 14