The URL can be used to link to this page

Home My WebLink AboutMeridian Trails Amended Commitments Draft 3 10-04-24AMENDED 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 | Page 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: 1. 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. 2. Notwithstanding Commitment #4, which currently requires the wall to have the same finish/treatment on both sides, the west face of the wall along the Rosado Hill subdivision may have a different material finish or color, subject to Commission approval of an ALDS application including the wall design. E. Commitment #7 of the 2018 Commitments: The commitment, including “Exhibit - C”, shall be eliminated, vacated, superseded and replaced with the following commitment: 1. 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: 3 | Page 1. The Maximum Building Square Footage shall be 258,000 square feet. 2. The Maximum Building Height shall be 47 feet for a majority of the building to be constructed on the Real Estate 3. 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). 4. 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 | Page 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 | Page “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.