HomeMy WebLinkAboutPacket 5-20-08
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U Paul G. Reis, Esq.
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Carmel Plan Commission
May 20, 2008
INFORMATION BOOKLET
Docket No. 08030037 CA
Amendment to Development Commitments
North Meridian Medical Pavilion
12188 N. Meridian Street
Meridian Medical Partners One, LLC
Meridian Medical Partners Two, LLC
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BOSE
McKINNEY
& EVANS lLP
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ATTORNEYS AT LAW
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LAUTH
NORTH MERIDIAN MEDICAL PAVILION
Approval of Amendment to Development Commitments
Docket No. 08030037 CA
INFORMA TION BOOKLET
TABLE OF CONTENTS
1. Background and Description of Request
2. Location of Ground Sign and Area Photo
3. Ground Sign Elevation
4. Site Plan
5. Proposed Revised Statement of Commitments
6. Current Commitments
1137834
BO~E ;YkKINNK'( & EV~(\~ 1JJ'
. ,._ __mo... ___..___ u______________ _ _____________________nn_mn_n
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LAUTH
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NOR TH J.lfERlDIAN MEDICAL PAVILION
Approval of Amendment to Development Commitments
Docket No. 08030037 CA
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Background and Description of Request
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Meridian Medical Partners One, LLC and Meridian Medical Partners Two, LLC, affiliates of
Lauth Property Group, (collectively the "Petitioner") are requesting an amendment to existing
development commitments to erect a ground monument sign adjacent to l.Ilinois Street to identify the
tenants in the two buildings comprising the North Meridian Medical Pavilion (the "Project"). Please see
the Area Photo under TAB 2.
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In October and November of 2004, Lauth Property Group, as developer of the Project, presented
and had approved a development plan for the Project. A portion of the Project site had been a part of the
William Creek Farms subdivision. That portion was rezoned from residential to the B-6 business zoning
classification. As a part of the development plan approval and the rezoning, certain commitments (the
"Commitments") were made to the Plan Commission concerning the development of the Project,
including the directory and building identification signage to be located at the entrances to the parking
lots off of Illinois Street. Please see the Commitments included under TAB 6. In paragraph 5 of the
Commitments, it provides that building identification signs be limited to ground mounted signs not to
exceed 5 feet in height.
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On March 24, 2008, the Carmel Board of Zoning Appeals approved 2 development standards
variances to allow for a ground building - tenant identification sign with 4 tenant panels not to exceed 8
feet in height. Because the approved height is in excess of 5 feet as provided for in the Commitments,
Petitioner has filed this request with the Plan Commission to amend the Commitments to allow for the
proposed 8 foot ground identification sign as provided for in the Commitments. Please see the Revised
Statement of Commitments included under TAB 5.
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The Project is comprised of 2 medical office buildings which front U.S. 311Meridian Street with
shared parking to the west adjacent to lIIinois Street. Each of the buildings is entitled to 2 wall tenant
identification signs facing U.S. 31. Additionally, as a part of the approved signage package for the
project, there is one ground building identification sign located on the Frontage Road adjacent to U.S. 31
and another on Illinois Street at the north entrance to the parking lot. The ground identification sign
located on Illinois Street will be replaced by the proposed ground building - tenant identification sign.
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In accordance with the variances granted, Petitioner is proposing an 8 foot ground building -
tenant identification sign with 4 tenant panels. Please see the elevation drawing of the ground sign
included under TAB 3. The proposed ground sign incorporates the building colors and has been designed
to compliment the overall development. In accordance with the Commitments and the Cannel zoning
ordinance, the location of the sign will include a landscaped area equal to the total Sign Area.
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Respectfully submitted,
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Paul G. Reis
Bose McKinney & Evans LLP
Attorneys for Meridian Medical Partners One, LLC and Meridian Medical Partners Two, LLC
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B- OSE MdONi'iEY &. EY\['i,S I..il'
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Custumer: North Meridian Medical Pavilion
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RF:VISRD STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH A REZONING OF PROPERTY GRAND
OF-VRI,OPMF:NT PLAN APPROVAL
In accordance with I.C. s,36-7-4";;613 or I.C. 3674 (i1'lann 1 C S16-7-4-615 Mericii:m Meciical
Partners One T J.C anci Meridian Meciical Partners Two 1 J ,C the owners of the real estate located in
Hamilton County, Indiana, which is described below, makes{the "Real Estate") make the following
COMMITMENTS concerning the use and development of the Real Estate-:- This Revised Statement of
Commitments supplants and replaces those Commitments made under Docket Number 04050053
DP/Am.S :md Orciimmce 7.-459-04
Legal Description of Real Estate: See Exhibit "A" attached.
Statement of COMMITMENTS:
I. Lighting within the parking lots west of the buildings to be constructed upon the Real
Estate ("West Parking Lots") shall be reduced by turning off the lights in the west two thirds (2/3) of the
West Parking Lots (whether or not the West Parking Lots include real estate formerly comprising a part of
Williams Creek Farms Subdivision) between the hours of 10:00 p.m. and 6:30 a.m. on weekdays (Monday
through Friday) and 8:00 p.m. and 7:30 a.m. on Saturday and Sunday of each week ("Restricted Hours").
2. Any lighting which washes the west face of either of the buildings proposed to be
constructed upon the Real Estate shall also be turned off during the Restricted Hours. This commitment
shall not, however, restrict lighting under the porte-cochere on the west side of either building, or any low-
level (not exceeding three feet (3') in height) lighting located within landscaped areas adjacent to the west
side of either Building or within the landscape islands alternatively placed at the east end of the parking
rows in the West Parking Lots.
3. Any light poles in any part of the West Parking Lots formerly comprising a part of
Williams Creek Farms Subdivision, shall not exceed fifteen feet (15') in height (measured for purposes
hereof at the central point of each pole).
4. No free-standing cellular towers or other similar free-standing towers shall be permitted
to be constructed anywhere upon the real estate.
5. Directory and building identification signage at each entrance to the West Parking Lots
off of Illinois Street shall be limited to low-level ground mounted signs a maximum of five feet (5') in
height--wflie.h--are ^ building -tenant ground identification sign at the north entrance to the West Parkin!!
I,ots shall
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he permitted hilt mllY not exceed eight (R) feet in heivht and no more than four (4) tenant panels Any
sllch ground signs shall be either internally illuminated or illuminated by lighting fixtures which are
completely shielded, such signs to be located within a landscaped area at least equal to the total sign
surface area of each such sign and to otherwise comply with ~applicablc provisions of the Carmel-Clay
Land Use RegulationsZoning Ordinance.
6. All roof-top equipment shall be screened from view by a parapet wall or screen equal to
or greater in height than equipment screened thereby.
7. Trash pickup from the Real Estate shall not occur before 7:30 a.m. or after 6:30 p.m. on
any weekday (Monday through Friday). Trash pickup shall not be permitted on Saturday or Sunday.
8. No above-ground structures or improvements shall be permitted within any part of the
development which was formerly a part of Williams Creek Farms Subdivision, except light poles, ffiw-
tevel-ground mounted directory Imilding and/or building-tenant identification signage otherwise
permitted by these commitments, a parking lot, driveways, landscaping, drainage facilities, electrical panel
boxes not exceeding five (5) feet in height, and drop-off boxes for mail pick-up and deliveries.
These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other
persons acquiring an interest therein. 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.
COMMlTMENTS contained in this instrument shall be effective upon the adoption of rezoning-
Ordinance No. Z 459 04 by-the--{;armel Common Council changing the zoning classification of the Real
Estate from a S 2 Residcfle€i District B:Ad B 3 Busifless Distriet zoning elassification to 1\ B 6 Business
Qistfiet-zeniAg-elassificationapproval of these revised commitments hy the Carmel Plan Commission
under docket number 08030037 CA, and shall continue in effect for as long as the above-described Real
Estate remains zoned to the B-6 Business District zoning classification or until such other time as may be
specified herein.
These COMMITMENTS may be enforced jointly or severally by:
I. The Carmel Plan Commission;
2. 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,
3. No others.
The undersigned hereby authorizes the City of Carmel, Department of Community DevelopmentService~,
to record these Commitments in the ~ of the Recorder ofl-Iamilton County, Indiana, upon final
approval of Ordinance No. Z '15901. docket number 08030037 CA
IN WITNESS WHEREOF, owners have executed this instrument this _ day of
~ 2008
REGE1'JCY REALTY
MERIDIAN MEDICAL PARTNERS ONE LLC
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By:
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MERIDIAN MEDICAL PARTNERS TWO T.LC
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STATE OF INDIANA
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COUNTY OF HAMILTON)
Printed Si~nature
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Before me a Notary Puhlic in and for said County and State personally appeared David
C Camphell hy mc known to be the Managing Agent of Meridian Medical Partners One T,T ,C,
and Meridian Medical Partners Two LLC who acknowledged the execution of the foregoing
"Revised Statemcnt of Commitments" on behalf of said limited liahility companies
day of
2008
WITNESS my hand and Notarial Seal this
My
My
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Notary
Public
(Printed
Signature)
C;ommission
Expires:
of
Residencc'
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STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL EST A TE
MADE IN CONNECTION WITH A REZONING OF PROPERTY OR PLAN
APPROVAL
In accordance with I.e. 36-7-4-613 or 1.C 36-7-4-614, the owners of the real estate located in
Hamilton County, Indiana, which is described below, makes the following COMMITMENTS
concerning the use and development of the Real Estate:
Legal Description: See Exhibit "A" attached.
Statement of COMMITMENTS:
I. Lighting within the parking lots west of the buildings to be constructed upon the
Real Estate ("West Parking Lots") shall be reduced by turning off the lights in the west two
thirds (2/3) of the West Parking Lots (whether or not the West Parking Lots include real estate
formerly comprising a part of Williams Creek Farms Subdivision) between the hours of 10:00
p.m. and 6:30 a.m. on weekdays (Monday through Friday) and 8:00 p.m. and 7:30 a.m. on
Saturday and Sunday of each week ("Restricted Hours").
2. Any lighting which washes the west face of either of the buildings proposed to be
constructed upon the Real Estate shall also be turned off during the Reslricted I-fours. This
commitment shall not, however, restrid lighting lillder the porte-cochere on the west side of
either building, Or any low-level (not exceeding three feet (3 ') in height) lighting located within
landscaped areas adjacent to the west side of either Building or within the landscape islands
alternatively placed at the east end of the parking rows in the West Parking Lots.
3. Any light poles in any part of the West Parking Lots formerly comprising a part of
Williams Creek Farms Subdivision, shall not exceed fifteen feet (15') in height (measured for
purposes hereof at the central point of each pole).
4. No free-standing cellular towers or other similar tree-standing towers shall be
permitted to be constmcted anywhere upon the real estate.
5. Directory and building identification signage at each entrance to the West Parking
Lots off of lllinois Street shall be limited to low-level ground mounted signs a maximum of five
feet (5') in height which are either internally illuminated or illuminated by lighting fixtures which
are completely shielded, such signs to be loeated within a landscaped area at least equal to the
total sign surface area of each such sign and to otherwise comply with applicable Carmel-Clay
Land Use Regulations.
6, All roof-top equipmenL shall be screened from view by a parapet wall or screen
equal to or greater in height than equipment screened thereby.
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7. Trash pickup from the Real Estate shall not occur before 7:30 a.m. or after 6;30
p.m. on any weekday (Monday through Friday). Trash pickup shall not be permitted on Saturday
or Sunday.
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8. No above-ground structures or improvements shall be permitted within any part of
the development which was formerly a part of Williams Creek FaffilS Subdivision, except light
poles, low-level ground mounted directory and/or building identification signage otherwise
permitted by these commitments, a parking lot, driveways, landscaping, drainage facilities,
electrical panel boxes not exceeding five (5) feet in height, and drop-off boxes for mail pick-up
and deliveries.
These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate
and other persons acquiring an interest therein. 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 adoption of rezoning
Ordinance No. Z-459-04 by the Carmel Common Council changing the zoning classification of
the Real Estate from a S-2 Residence District and B-3 Business District zoning classification to a
8-6 Business District zoning classification, and shall continue in effect for as long as the above-
described Real Estate remains zoned to the 8-6 Business District zoning classification or until
such other time as may be specified herein.
These COMMITMENTS may be enforced jointly or severally by:
1. The Carmel Plan Commission;
2. 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 ofthe Real Estate;
and,
3. No others.
The undersigned hereby authorizes the City of Carmel, Department of Community
Development, to record these Commitments in the office of the Recorder of Hamilton County,
Indiana, upon final approval of Ordinance No. Z-459-04.
IN WITNESS WHEREOF, owners have executed this instrument this ~ day of
,2004.
REGENCY REALTY
By:
STATE OF INDIANA
)
6
],.459-04
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COUNTY OF
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Before me, a Notary Public in and for said Counly and Slate, personally appeared
, duly authorized managing member of Regency Realty. and who, having
been duly sworn, acknowledged the execution of ihe fi}regoing Statement of Commitments,
Witness my hand and Notarial Seal this ~ day 01_
,2004,
Notary Public
Printed Name of Notary Public
My Commission expires:
My County of residence: ___
Edward Burns
Aml Bums
STATE OF INDIANA
)
) SS:
COUNTY OF
)
Before me, a Notary Public in and for said County and Stale. personally appeared Edward
Burns and Ann Burns, husband and wife, and as the Owners oj a part of the Real Estate, after
having been duly sworn, acknowledged the execution of the foregoing Statement of
Commitments.
Witness my hand and Notarial Seal this day oj
,2004.
i'iotary Public
Printed Name afNotary Public
My Commission expires:
My County afresidence:
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Brice Guckicn
Noelle Guckien
STATE OF INDIANA
)
) SS:
COUNTY OF
)
Before me, a Notary Public in and for said County and State, personally appeared Brice
Cluckien and Noelle Guckien, husband and wife, and as the Ovmers of a part of the Real Estate,
after having heen duly sworn, acknowledged the execution of the foregoing Statement of
Commitments.
Witness my hand and Notarial Seal this__ day of
,2004.
Notary Public
-.-
Printed Name of Notary Public
My Commission expires: _n__
My County of residence: .
This instrument was prepared by Michael C. Cook, Attorney, One Indiana Square, Suite 1800,
Indianapolis, Indiana 46204. Phone (317) 639-6151, Fax (317) 639-6444, e-mail
l11cook@woodmaclaw.com.
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EXffiBIT A
LEGAL DESCRIPTION
PARCEL NO.1 (Rezoned from B-3 to B-6)
Part of the East Half of the Northwest Quarter of Section 35, Township] 8 North, Range
3 East in Hamilton County, Indiana, described as follows:
Commencing at the Southeast corner of the East Half of the Northwest Quarter of Section
35, Township 18 North, Range 3 East; thence North 00 degrees 02 minutes 42 seconds West
(assumed bearing) on the East line of said Northwest Quarter 1968.00 feet; thence South 88
degrees 51 minutes 53 seconds West parallel with the South line of said Northwest Quarter
916.93 feet Deed (924.34 feet measured) to the Westerly right of way line of local service road
#3 as per LS.RC. plans for Project No, STF-222 (9) dated 1973 for relocation ofU,S. Highway
#31 and the place of beginning of the real estate herein described; thence South 88 degrees 51
minutes 53 seconds West parallel with said South line 403.21 feet to the West line of the East
Half of said Northwest Quarter; thence South 00 degrees 0 I minutes 21 seconds East on said
West line 327.00 feet; thence North 88 degrees 51 minutes 53 seconds East parallel with said
South line 402.97 feet to the Westerly right of way line of the aforesaid service road; thence
North 00 degrees 01 minutes 08 seconds East on said right of way line 327.01 feet to the place of
beginning, containing 3.025 acres, more or less.
and
PARCEL NO, 2 (Rezoned from 8-2 to B-6)
Lots 10, 1] and the east part of Lot 12 in Williams Creek Farms Subdivision, the plat of which is
recorded in Plat Book 8, Pages] -3 in the office of the Hamilton County Recorder, containing
4.805 acres, more or less. Also described as follows:
Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East
in l-lamilton County, Indiana, described as follows:
Commencing at the Southeast comer of the Northwest Quarter of Section 35, Township i8
North, Range 3 East; thence South 88 degrees 52 minutes 28 seconds West (assumed bearing) on
the South line of said Northwest Quarter 1328,33 feet to the Southwest corner of the East Half of
said Northwest Qumier, said corner being collinear and equidistant between said Southeast
corner and the Southwest corner of said Northwest Quarter; thence North 00 degrees 01 minutes
09 seconds West 984.12 feet to the southeast corner of Lot Numbered 12 as recorded in the Plat
of Williams Creek Farms, Instrument Number 357, Plat Book 8, pages 1-3 in the Office of the
Hamilton County Recorder also being the plaee of beginning of the real estate herein described;
thence continuing North 00 degrees 0 I minutes 09 seconds West along the West line of said Plat
of Williams Creek Farms a distance of 749.00 feet to the northeast comer of Lot Nwnbered lOin
said Plat of Williams Creek Farms; thence South 89 degrees 05 minutes 34 seconds West along
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the north line of said Lot Numbered lOa distance of 258.63 feet to a paint on a non-tangent
curve to the left with a radius of 810.00 feet, radius point being South 76 degrees 59 minutes 18
seconds East from said point; thence southerly along said curve a distance of 181.70 feet to a
point being North 89 degrees 50 minutes 26 seconds West from said radius point; thence South
00 degrcts 09 minutes 34 seconds East a distance of 574.36 feet to a point on the south line of
said Lot Numbered 12; thence North 88 degrees 52 minutes 28 seconds East along said south line
of Lot Numbered 12 a distance of 281. 3 3 feet to the place of beginning, containing 4.805 acres,
more or less and subject to rights-of-way and easements of record.
1925SJJDOC
10
Z.459-04
192.1:>3 ~ L DOC