HomeMy WebLinkAboutCommitments Concerning Use & Development(~
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COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Pittman Partners, Inc., an Indiana Corporation, its nominee or assignee (hereafter,
"Owner"), the Contract Purchaser of the real estate located in Flamilton County, Indiana,
and described in Exhibit "A" and Exhibit "B"hereto (hereafter, "Real Estate"), makes the
following Commitments to the Carmel Plan Commission (hereafter, "Commission").
Description of Real Estate:
A. See Exhibit "A" -Legal Description of R-4 Zoned Property
B. See Exhibit "B" -Legal Description of R-2 Zoned Property
2. Docket Numbers: 126-03 Z and 127-03 Z
3. Statement of Commitments For the Property Described in Exhibits A and B:
A. There will not be any pole mounted street lights north of the proposed 136"'
Street Extension.
B. All townhome residential units built will have their own deeded lot and will
be limited to the property zoned R~ as described in Exhibit A.
~ C. All townhome residential units will have an al( brick front elevation and all
brick side elevations with a bay window on the ends of a row of townhome
buildings. All other townhome buildings that are not on the end of a row of
buildings will have brick 8 feet up on the ends and the rear (garage side). All
townhome units will have a minimum square footage of 1700 square feet. All
townhome buildings will have a rear load garages.
D. All perimeter landscape treatments will meet the requirements of the Carmel
Clay Zoning Ordinance, Section 26.4: Perimeter Buffering Requirements.
E. The Owner will install 230' of 6' shadow box fence on the southern property
line and 160' of 6' shadow box fence on the eastern property line of the
residence more commonly known as 13535 Shelborne Road.
F. The Owner will install 328' of chain link fence on the north property line and
1 18' of chain link fence on the east property line of the residence more
commonly known as 13549 Shelborne Road. This fencing will serve to
replace the existing faun fence on the property line that is in need of repair.
G. The Owner will submit an acceptable landscape plan during the Primary
Platting process that includes trees that are "balled and burlapped" and 10 tree
transplanted trees that have a caliper size of 3" to 6" in the bufferyard area
that is adjacent to L3535 and 13549 Shelborne Road. These trees will be
positioned in exact locations as agreed upon with the owners of these
residences.
H. The Owner will install new farm fencing along the north property line
between the Real Estate and 13881 Shelborne Road in any place where the
fencing is missing or in disrepair. .
I. The east property line will have a minimum setback of 250' where the
townhomes portion of the site is adjacent to Shelborne Park. The perimeter
landscaping that separates the townhome portion of the site from Shelborne
Park will be landscaped at 1.5 times the Perimeter Buffering Requirements per
Section 26.4 of the Carmel Clay Zoning Ordinance.
J. The site will be developed utilizing the R-2 and R-4 Zoning Designation
utilizing the Residential Open Space Ordinance (ROSO III).
K. All residential construction will be limited to detached single family 1-story
and 2-story homes on the property zoned R-2 as described on Exhibit B and
attached 3-story townhomes on the property zoned R-4 as described on
Exhibit A.
L. All ranch houses will have a minimurn of 1200 square feet and will all have
white trim. In addition, ranch houses will have a brick front with brick wrap
to front door from garage excluding gables. All ranch homes that back up to
136' Street will have a complete brick wrap on the first floor.
M. All single family detached homes will have mullions in all windows, all brick
fronts 8 feet up, dusk to dawn lights and coach lights. In addition there will be
street trees every 40 feet minimum.
N. All rear yards that abut exterior roadways will contain at least l conifer of at
least 6' and 1 deciduous tree of at least 2" caliper
O. Owner agrees to follow all erosion control requirements of the Hamilton
County Soil and Conservation Service to limit any silt entering into the
adjacent drainage system.
P. The Owner further commits that the Real Estate could not be utilized as a
mobile home park.
Q. The Owner further commits that adequate right of way will be provided to
allow for a future connection into the undeveloped property to the north.
R. The Owner further commits that the Real Estate will not contain more that 80
residential townhomes on the property zoned R-4 described on Exhibit A and
210 single family detached residential homes on the property zoned R-2
described on Exhibit B.
S. The Owner commits that as part of this proposal, the Owner will provide 3
regulation size football fields to the Carmel Dads' Club and a minimum of
200 parking spaces as shown on the plans, "Carmel Dads' Club, Burlingame
Fields" ("CDC Fields"). The CDC Fields will be designated as Common
Area per the Residential Open Space Ordinance and be owned by the
Homeowner's Association. The CDC Fields will by leased to the Carmel
Dad's Club for 99 years for $ I and other valuable consideration. As part of
the tease agreement, the Carmel Dads' Club will be responsible for
maintaining the fields in a consistent manner with the other common areas in
a first class residential neighborhood. The CDC Fields and parking fields will
be built and paid for by the Owners. The CDC Fields will not have night
lighting. The Carmel Dad's Club will control the utilization of the CDC
Fields, however, when not being used for Carmel Dads' Club activities will be
open to the residences on the Real Estate. The Carmel Dads' Club will utilize
the football fields Monday thru Thursday for practices from. 5:30 PM to 7:15
PM. The fields will not be used on Friday or Sunday. The Carmel Dads'
Club agrees to a field management policy of only using 2 of the 3 fields for
games on Saturday. Games cannot begin before 8:00 AM or after 5:00 PM.
The Carmel Dads' Club agrees to stagger start times between the two fields
with all start times between the fields being a minimum of 30 minutes apart.
Staggered start times significantly reduces the number of cars entering the
facility atone time. The Carmel Dads' Club commits to providing off duty
officers to direct traffic into and out of the football facility during game day.
T. The Owner agrees to construct the extension of 136th Street through the Real
Estate consistent with the City of Carmel's Thoroughfare Plan. In addition,
the Owner further agrees to provide for additional road improvements to
Shelborne Road as agreed upon with the City of Carmel and the Hamilton
County Highway Department.
U. The Owner commits to provide funding in the amount of Two Hundred
Thousand Dollars ($200,000.00) for the realignment of 116th Street and
Shelborne Road.
V. The Owner commits to submit a primary plat in substantial conformance with
the land plan submited for the rezone of this property and attached hereto as
Exhibit C. In addition, Owner commits to landscape the common area
adjacent to 13881 Shelborne Road in a manner that is consistent with the
existing fence row vegetation and will enhance that vegetation and will meet
the requirements of the Carmel Clay Zoning Ordinance, Section 26.4:
Perimeter Buffering Requirements.
W. The Owner commits to amend the traffic study performed by A&F
Engineering and dated September of 2003 to include the intersection of the
current alignment of 116`'' Street and Shelborne Road.
X. The Owner commits to provide a minimum of six (6), twelve (12) foot tall
evergreen trees in the common area directly across from 13850 Shelborne Rd.
Said trees will be planted within the common area bounded by the north
property line which is adjacent to 1.3881 Shelborne Road and south 90'. The
common area directly across from 13850 Shelborne Road will be
professionally landscaped and if a landscape mound is included in the
landscape plan, said mound will not be taller than 4'.
Binding on Successors and Assigns: These Commitments are binding on the
Owner of the Real Estate, each subsequent Owner of the Real Estate, and each
other person acquiring an interest in the Real Estate, unless modified or
terminated by the Comrission. These Commitments maybe modified or
terminated from time to time only by a decision of the Commission made after
notice and a public hearing as provided by the rules of the Commsssion.
6. Effective Date: The Commitments contained herein shall be effective upon the
final adoption and passage into law of an ordinance by the Common Council of
Carmel, Indiana reclassifying the Real Estate from the S-1 Residence District
Classification to the R-4 Residence District Classification and the R-2 Residence
District Classification and shall remain in effect so long as said ordinance remains
in effect.
Recordine: The undersigned hereby authorizes the Secretary of the Commission
to record these commitments in the Office of the Recorder of the Hamilton
County, Indiana, following the Effective Date.
8. Enforcement: These Commitments are enforceable by the Commission and the
City of Carmel, Indiana.
Executed this day of , 2003.
PITTMAN PARTNERS, INC.
By:
Steve A. Pittman
President
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Subscribed and sworn to before me, a Notary Public, in and for said County and
State personally appeared, Steve A. Pittman, the President of Pittman Partners, ]nc. who
acknowledged the execution of the foregoing Commitments.
WITNESS my hand and Notarial Seal this day of ,
2003.
My Commission Expires
Residing in County
Notary Public, State of Indiana
Printed
CONSENT OF OWNER:
The undersigned, fee simple owners of the Real Estate, Shelburn Family Limited
Partnership, hereby consents to the foregoing Commitment Concerning The Use and
Development of Real Estate.
William L. Shelburn Dixie L. Sigman
STATE OF INDIANA )
SS:
COUNTY OF MARION )
Subscribed and sworn to before me, a Notary Public, in and for said County and
State personally appeared, Lawson Clark and acknowledged the execution of the
foregoing Consent of Owner.
WITNESS my hand and Notarial Seal this
My Commission Expires
day of , 2003.
Notary Public, State of Indiana
Residing in County
Printed
EXHIBIT A
R-4 LEGAL DESCRIPTION
A part of the West Half of the Northwest Quarter of Section 29, Township 18 North,
Range 3 East, in Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Southwest corner of the Northwest Quarter of said Section; thence
North 00 degrees 03 minutes 21 seconds East along the West line of said Northwest
Quarter Section 985.08 feet to the North line of the South 30 acres of the West Half of
said Northwest Quarter Section and the POINT OF BEGINNING of this description;
thence continuing North 00 degrees 03 minutes 21 seconds East along the aforesaid West
line 698.74 feet; thence East 205.18 feet; thence South 00 degrees 01 minutes 34 seconds
West l 12.20 feet; thence South 89 degrees 58 minutes 32 seconds East 372. I 1 feet;
thence South 00 degrees 14 minutes ] 0 seconds East 459.03 feet; thence North 89
degrees 31 minutes 57 seconds East 595.97 feet; thence North 00 degrees OI minutes 34
seconds East 423.00 feet; thence North 18 degrees 25 minutes 31 seconds East 96.75 feet;
thence North 89 degrees 58 minutes 45 seconds East 119.18 feet; thence South 00
degrees O l minutes 15 seconds East 637.61 feet to a point on the South 30 acres; thence
South 89 degrees 35 minutes 32 seconds West along said North line 1,325.98 feet to the
place of beginning, containing or 12:149 acres, more or less. Subject to all legal
highways, rights-of--ways, easements and restrictions on record.
EXHIBIT B
R-2 LEGAL DESCRIPTION
A part of the West Half of the Northwest Quarter of Section 29, and a part of the
Southwest Quarter of the Southwest Quarter of Section 20, all in Township 18 North,
Range 3 East, Clay Township, Hamilton County, Indiana, more particularly described as
follows:
Commencing at the Southwest corner of the Northwest Quarter of said Section 29; thence
North 00 degrees 03 minutes 2 t seconds East along the West line of said Northwest
Quarter Section 1,683.82 feet to the POINT OF BEGINNING of this description; thence
continuing North 00 degrees 03 minutes 21 seconds East along said West line 390.12 feet
to the Southwest corner of the real estate described in Instrument Number 2002-5637 in
the Office of the Recorder, Hamilton County, Indiana; thence North 89 degrees 53
minutes 21 seconds East along the South line of said real estate 660.00 feet to the
Southeast corner of said real estate; thence North 00 degrees 03 minutes 2l seconds East
parallel with the West line of said Northwest Quarter Section and along the East line of
said real estate, and the extension thereof, 563.52 feet to the South line of the Southwest
Quarter of said Section 20; thence South 89 degrees 40 minutes I S seconds West along
said South line 356.01 feet to the Southeast comer of the real estate described in
Instrument Number 87-30669 in said Recorder's Office; thence North 00 degrees 02
minutes 40 seconds East parallel to the West line of said Southwest Quarter Section and
along the East line of said real estate, and the extension thereof, 737.62 feet to the
Northeast corner of the real estate described in Instrument Number 88-15016 in said
Recorder's Office; thence North 89 degrees 57 minutes 20 seconds West along the North
line of said real estate 304.00 feet to the West line of said Southwest Quarter Section;
thence North 00 degrees 02 minutes 40 seconds East along said West line 574.14 feet to
the Northwest corner of the Southwest Quarter of said Southwest Quarter Section; thence
North 89 degrees 39 minutes 07 seconds East along the North line of said Quarter-
Quarter Section 1,325.00 feet to the Northeast corner of said Quarter-Quarter Section;
thence South 00 degrees OS minutes 53 seconds West along the East line of said Quarter-
Quarter Section 1,314.19 feet to the Northeast corner of the West Half of the Northwest
Quarter of said Section 29; thence South 00 degrees O1 minutes 15 seconds East along
the East line of said Half Quarter Section 1,010.43 feet; South 89 degrees 58 minutes 45
seconds West 119.18 feet; thence South 18 degrees 25 minutes 31 seconds West 96.75
feet; thence South 00 degrees O1 minutes 34 seconds West 423.00 feet; thence South 89
degrees 31 minutes 57 seconds West 595.97 feet; thence North 00 degrees ]4 minutes 10
seconds West 459.03 feet; thence North 89 degrees 58 minutes 32 seconds West 372.11
feet; thence North 00 degrees O1 minutes 34 seconds East ] 12.20 feet; thence West
205.18 feet to the place of beginning, containing 64.277 acres, more or less. Subject to al!
legal highways, rights-of--ways, easements and restrictions on record.
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