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BDDB01 4821748v2
PROPOSED COMMITMENTS
146th Street & Gray Road
Docket Number: 07070003 Z
1. Number of Lots: The Real Estate shall be developed with a maximum of six (6) lots and one
Block to be known as "Block A". No buildings or structures, except for underground utilities
or drainage improvements, shall be permitted in Block A.
2. Building Area: The total area of all buildings to be constructed on the Real Estate shall not
exceed 75,000 square feet of gross leaseable area. No individual building shall exceed 30,000
square feet of gross leaseable area.
3. Building Height: No building on the Real Estate shall exceed one-story in height.
4. Use Restrictions: The use of the Real Estate shall be limited to the following:
Office Uses: Retail & Service Uses (as limited below):
General Offices
Professional Office
Medical Health Center
General Retail Sales (as further limited below)
General Services (as further limited below)
Dry Cleaning Establishment (without on-site plant)
Financial Institution
Automated Teller Machine (ATM) as an accessory use
5. Retail & Service Uses Limitations: Retail & Service uses on the Real Estate shall be limited to
buildings which are located on Lots 1, 2 and 3, as depicted on the Primary Plat and shall be
prohibited in buildings located on all other Lots.
6. General Retail Sales and General Services Limitation: General Retail Sales and General
Services uses shall be further limited to uses which: (i) do not generally operate on a 24 hour
basis; (ii) do not include a drive-though facility; and, (iii) do not rely on impulse purchases of
products, such as convenience stores, gasoline service stations, or drive-through fast-food
restaurants. Financial Institution uses shall not be prohibited from having drive-through
facilities by this Commitment No. 6.
7. Site Layout: No off-street parking area or interior access drive shall be permitted between the
front line of any building on a lot and the south right-of-way line of 146th Street or the east
right-of-way line of Gray Road; provided, however, a financial institution may have an interior
access drive between the established front line of a building and the south right-of-way of 146th
Street or the east right-of-way line of Gray Road to provide safe and efficient circulation for a
drive-thru service or an ATM.
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BDDB01 4821748v2
8. Architectural Design Requirements:
a. Materials: A minimum of three (3) materials shall be used for building exteriors chosen
from the following list: stone, brick, split face block, architectural pre-cast (panels or
detailing), architectural metal panels, glass, ornamental metal, wood or EIFS. A
minimum of 70% of the building exteriors (exclusive of roofs, doors, windows and
gables) shall be stone, brick or split face block.
b. Roof Design: Sloped roofs shall not exceed a length of one-hundred (100) feet without
a change in elevation of the roof ridge plane, change in direction of the roof ridge, or
the addition of dormers. Roof slopes shall not maintain less than a 4:12 pitch, nor
greater than a 12:12 pitch.
c. Building Design: All buildings shall be designed using the same basic design theme,
including building materials, colors and proportions.
d. ADLS Approval: All final building plans shall be subject to final exterior design
approval through the ADLS process.
9. Lighting: Site lighting shall be coordinated throughout the Real Estate and be of a uniform
design, color and materials. With the exception of low intensity architectural lighting, all
exterior wall mounted lights and pole mounted lights shall utilize full cut-off fixtures. Pole
mounted lights shall not exceed twenty (20) feet in height, including the base.
10. Landscaping:
a. 146th Street Frontage and Gray Road Frontage: Frontage landscaping shall, at a
minimum, comply with the requirements of Section 26.04.06 of the Carmel Zoning
Ordinance, and shall be subject to final design approval through the ADLS process.
b. Tree Preservation / Buffer Area: All trees located along the south property line and
within Block A, as depicted on the Primary Plat, shall be preserved except for: (i) dead
or diseased trees; and, (ii) those trees located at the southeast corner of the site which
must be reasonably removed to accommodate the proposed detention outlet into
Mitchener Ditch.
c. Overall Landscape Design: The final landscape plan shall be in substantial compliance
with Sheet 2 of 4 (Preliminary Landscaping Plan) of the Primary Plat.
11. Signs:
a. Freestanding Signs: All freestanding signs, including identification signs and directory
signs, shall maintain a consistent design theme, using similar materials and colors for
each sign structure. The final design of all freestanding signs shall be subject to the
ADLS process.
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b. Wall Identification Signs: All wall identification signs:
(1) shall be restricted to individual letters or logos;
(2) shall not be permitted on the south facade of buildings located on Lots 5 and 6,
as depicted on the Primary Plat; and,
(3) shall not be permitted on the east facade of buildings located on Lots 4 and 5, as
depicted on the Primary Plat.