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HomeMy WebLinkAboutpark place pud exhibits & commitmentsI I ENVIRONMENTAL STATEMENT Re Park Place The developer has addressed a number of environmental matters that should enhance the project including the following I I I I I I I I Wetlands A study was performed by Williams Creek wherein specific wetlands onthe site were identified This report was presented to the Corps of Engineers and IDEM The Corps responded with their confirmation of the findings and a determination letter as to who has authority on this site which turned out to be part Corps and part IDEM Either the existing wetlands will be mitigated offsite or incorporated into the final site plan in whole or in part Tree Preservation Plan Existing trees on the site have been identified that are included in a definitive report showing how they will be preserved in the final plan Permeable Paving This environmentally friendly material will be used at some of the entry ways Permeable paving is a pavement system that allows stormwater runofftoinfiltrate through a porous pavement surface and into the aggregate subbase material reducing the amount ofrunoffreleased from the developed site and providing water quality benefits through removal of suspended solids and other pollutants Irrigation with Storm Water Based upon groundwater levels and retention pond recharge capabilities the potential for the use of stormwater for irrigation of on site landscape and lawn areas will be assessed Bio swales The site will be evaluated for the potential to incorporate bio swales into the design ofthe stormwater management system toprovide water quality benefits Bio swales are natural vegetated depressional areas that rely on filtration of runoffby surface plants and infiltration ofrunoff into underlying permeable soils for the removal of suspended solids and other pollutants that areharmful to downstream ecosystems and aquatic life I I I I f I I I I I I I I I Building Materials Today there have been many advances in building materials and systems that are more energy efficient and environmentally friendly Such things as increased insulation Low E windows tankless electric water heaters ThermoShield inspections etc We will incorporate as many ofthese items as practical into the design of thebuildingonce we are in that phase Garden Plots The developer has included areas on the conceptual site map for garden plots These garden plots are designed to allow residents ofthis community to engage in small scale gardening endeavors which should add a pleasant aesthetic touch to the project and also allow residents to participate in their gardening hobby Cross References Qast deed ofrecord COMMITMENTS CONCERNING THE USE ANDDEVELOPMENTOFREALESTATE In accordance with IC 36 7 4 1512 a 3 and 36 47 615 Guilford Partners LLC an Indiana limited liability company hereafter referred to as Guilford is the owner ofreal estate located in Carmel Hamilton County Indiana which real estate is described on Exhibit A attached hereto and made apart hereof hereafter referred to as the Real Estate and makes the following commitments hereafter referred to as the Commitments concerning the use and development of the Real Estate as the Park Place retirement community to the City of Carmel Common Council hereafter referred to as the Council for Park Place Planned Unit Development Ordinance Section 1 Cross Reference These Commitments are made in connection with approvals obtained under Ordinance No Z 500 06 the Park Place Planned Unit Development Ordinance approved by the Council on 2007 hereafter referred to as the ParkPlace PUD Section 2 reference Exhibits The following exhibits are attached hereto and incorporated herein by Exhibit A Attached hereto and incorporated herein by reference as Exhibit A is the legal description ofthe Real Estate and Section 3 Defmitions Different words and terms are defined throughout these Commitments and the definitions below shall apply throughout these Commitments 1 Owner The term Owner shall mean and refer to Guilford and its successors and assigns 2 StorY or Stories The term Story or Stories shall mean and refer to that part ofthe building comprised between the level of one finished floor and the level of the next higher finished floor Section 4 Commitments The Owner agrees and commits to the following L That the building to be constructed upon the Real Estate shal1 not exceed three 3 Stories in height 2 That the maximum number of independent living units to be constructed upon the Real Estate shall not exceed one hundred and ninety one 19 the maximum number of assisted living units to be constructed uponthe Real Estate shall not exceed twenty 20 and the maximum number of nursing care units to be constructed upon the Real Estate shall not exceedtwenty eight 28 Section 5 Bindine on Successol ll These Commitments are binding on the Owner of the Real Estate and each subsequent owner of the Real Estate and each other person aequiring an interest in the Real Estate unless modified or terminated by the Council These Commitments may be modified or terminated only by a decision ofthe Council after a public hearing wherein notice as provided by the rnles of the Council has been made The provisions ofthis paragraph 5 notwithstanding these Commitments shall terminate as to any part or parts of the Real Estate hereafter reclassified rezoned from the Park Place Planned Unit Development District pursuant toOrdinanceNo Z 500 06 to another zoning classification Section 6 Effective Date The Commitments contained herein shall be effective upon the occurrence ofall ofthe following events 1 The adoption of the Park Place PUD Ordinance Ordinance No Z 500 06 by the Council 2 The commencement of the development of the Real Estate in accordance with the assignment ofthe requested Park Place PUD classification pursuant to Ordinance NO Z 50006 as evidenced by the issuance of a building permit and improvement location permit or their equivalent for such development Section 7 Recordine The undersigned hereby authorizes the Clerk Treasurer of the City of Carmel to record these Commitments in the Office of the Recorder ofHamilton County Indiana Section 8 Enforcement These Commitments may be enforced by the Council and any property owner within or immediately adjacent to the Real Estate 2 IN WITNESS WHEREOF the Owner has caused these Comriritments to be executed as of the date written below By Guilford Partoers LLC an IndiaIjlllimited liability company By name title STATE OF INDIANA SS COUNTY OF Before methe undersigned aNotaryPublic in and for said County and State personally appeared name title on behalf of Guilford Partoers LLC an Indiana limited liability company who acknowledged the execution ofthe foregoing Declaration for and on behalfofsaid limited liability company Witness my hand andNotarial Seal this day of 2007 My Commission Expires Notary Public Residing in County PrintedName Prepared By James E Shinaver Nelson Frankenberger 3105 East 98th Street Suite 170 Indianapolis IN 46280 I affirm under the penalties of peIjury that I have taken reasonable care to redact each Social Security number in this document unless required by law James E Shinaver Bradlzoningwlb guilfordcouncilcommitments020207 3