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HomeMy WebLinkAboutDept Report 08-20-02 CARMEL/CLA Y PLAN COMMISSION DEPARTMENT REPORT August 20, 2002 li. Docket No. 12-02. PP Amend; Village of W est Clay-Primary Plat Amendment Petitioner seeks approval of an amendment to the Primary Plat for an area of the Village of West Clay on the west side of Towne Road. The site is generally located at the southwest comer of West 1315t Street and Towne Road. The site is zoned PUD/Planned Unit Development. Filed by Jose Kreutz of Brenwick TND Communities, LLC. The applicant is proposing to amend the Primary Plat for the area of the Village of West Clay adjacent to and west of Towne Road. The proposed layout is now permitted under the standards approved on August 5th by the City Council in approving the Text Amendment and Rezone fonvarded with favorable recOlmnendations by the Plan Commission. The Subdivision Committee forwarding ofrbis item back to the full Plan Commission was with a 4-0 favorable recommendation subject to the ultimate approval of the concurrent Text amendment and Rezone requests. The Department recommends that the Plan Commission approve the Primary Plat application based on the recommendation by the Subdivision Committee. Note: Written findings are required for action on the Primary Plat Amendment. The applicant should provide this at the meeting. ~~ ~ . f{~"b 8Pr~ \l' ~1)~ ;;: COMMIT.MENTS CONCERNING THE USE OR DEVELOPMENT OF REAL EST ATE MADE IN CONNECTION WITH A REZONING In accordance with I.e. 36-7-40607, the owners of the real estate located along Towne Road in Clay Township, Hamilton County, Indiana, which is described on Exhibit A attached hereto and made a part hereof (the "Real Estate"), make the following COMMITMENTS concerning improvements t6 Towne Road (the "Improvements) in connection with the use and development of the Real Estate along Towne Road in The Village of WestClay (the "Development") pursuant to the WestClay Village Planned Unit Development District Ordinance adopted by the Carmel City Council on January 4, 1999 (Ordinance No. Z-330)(the "Ordinance") and the amended Primary Plat approved pursuant thereto. STATEMENT OF COMlVUTMENTS rfJ V y\V /: ~ ') A4J. \JVJ ~,~ Q~ ~~~I!J\ -L00 ~;J- · ~() Towne Road Limits. These commitments are made in connection with the one-half mile portion of Towne Road within the Development, between 126fh and 131 st Streets. Right-of. Way. Pursuant to the Development Plan approved as part of the adoption of the Ordinance, Developer agrees to dedicate at no cost to the Governmental Entity a 140' wide right-of-way along Towne Road. A 150' wide right-of-way shall be dedicated within 300' of the intersections with 126lh and 131 sl Streets. The right-of-way shall be c.entered along the alignment shown in the Development Plan. Improvements. The Developer shall prepare a Construction Plan for improvements to Towne Road for review and approval by the Governmental Entity. Said improvements shall consist of the construction of a northbound and a southbound lane divided by a landscaped, uncurbed median, and all necessary storm sewer and other utility improvements. Speed change lanes shall be provided at intersections with streets within the Development, where warranted. Whether a speed change lane is warranted, and the specific geometry of any such lanes shall be determined by a traffic engineer based on traffic conditions forecast in the traffic studies prepared and submitted in connection with Ordinance Z-330 and vehicular turning data estimated pursuant to the Development Plan. The Landscape Plan for Towne Road shall conform to the landscape details contained within the Development Plan and the overall landscape of the Development. 4. Timing. The Construction Plan shall be submi tted to the Governmental Entity upon requesting approval of the Secondary Plat for any section of the Development located west of Towne Road. Construction of the Improvements shall begin within one (1) calendar year of recording said Secondary Plat in the Office of the Recorder of Hamilton County. Construction shall progress as expediently as possible. S. 126lh Street Intersection. The Developer shall construct a roundabout intersection subject to assistance from the Governmental " Entity for the acquisition of the necessary right-of-way along the east side of the intersection. Developer shall reimburse the Governmental Entity for the estimated 45' half-right-way at said leg of the intersection. The roundabout shall be siinilar in size to the roundabout in existence at the intersection of 126th Street at Hazeldell Road. Developer shall make improvements to 126th Street insofar as they are warranted to construct said roundabout. 6. 131st Street Intersection. The Developer shall make available the necessary right-of-way within the Development for the City's construction of a roundabout. The roundabout shall be similar in size to the roundabout in existence at the intersection of 131 st Street at Hazeldell RO'ad. Developer shall ensure the improvements discussed in Section 2 herein are in harmony with the City's roundabout. 7. Construction Sureties. Prior to commencing construction of the Improvements, the Developer shall post to the Governmental Entity a surety, in the form of a construction bond or irrevocable unconditional letter of credit, in the amount of the estimated cost of Improvements. Said surety shall have an expiry date of no earlier than one (1) year after delivery of said surety to the Governmental Entity. Surety shall be returned, unclaimed, to the Developer upon completion of Improvements and acceptance thereof by Governmental Entity. 8. Road Impact Fees. In the event an impact fee for road infrastructure. is imposed by the Governmental Entity pursuant to IC 36-7 -4-1300 et. Seq. or any successor or replacement law, Developer shall be entitled to a credit against any impact fee otherwise due in an amount equal to the actual cost of Improvements. These COl\1.MIT11ENTS shall run with the land, be binding on the owner, subsequent owners of the real estate and other persons acquiring an interest therein. These COM.MlTMENTS may be modified or terminated by a decision of the Carmel/Clay Plan Commission made at a public hearing after proper notice has been given. . COM1v.llTMENTS contained in this instrument shall be effective upon the approval of rezoning petition 10-02-2 and shall continue in effect to each portion of the Real Estate for as long as such portion remains zoned to the classification specified therefor in petition 10-02-2, or until modified or terminated by the Commission. These CO:MMITMENTS may be enforced jointly or severally by: 1. The Carmel/Clay Plan Commission; 2. The City of Carmel, Indiana; 3. Hamilton County, Indiana; and ".. 4. Owners of all parcels of ground adjoining the real estate to a depth of two (2) ownerships but not exceeding six hundred sixty (660) feet from the perimeter of the real estate, and all owners of real estate within the area included in the petition who were not petitioners for rezoning. The undersigned hereby authorizes the Department of Community Services of Carmel/Clay Township, Hamilton County, Indiana to record these COMMITMENTS in the Office of the Recorder of Hamilton County, Indiana, upon final approval of rezoning petition 1O-02-Z [Signatures begin on following pages] ~ IN WITNESS WHEREOF, owner has executed this instrument this _ day of ,200_. BRENWICK TND COMMUNITIES, LLC George P. Sweet, Co-Manager [Organization Acknowledgment] STATE OF l1\TDIANA ) ) S8: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared George P. Sweet, Co-Manager of Brenwick TND Communities, LLC, an Indiana limited liability company, owner(s) of the real estate who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this _ day of ,200 . Signature (Printed) My Commission Expires: County of Residence May 24, 2007 Hendricks This instrument prepared by Tom Charles Huston, Attorney at Law, 12821 East New Market Street, Suite 200, Carmel, Indiana 46032.