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HomeMy WebLinkAboutApplication 4- 25 -03; 4:25PM;PITTMA411,RTNERS ;3175809786 1, 7 -4 AV 200 300047984 Filed for Record in HAKIILTON COUNTY INDIANA JENNIFER J HAYDEN COMMITMENTS CONCERNING THE U -I 9 2003 At 11 :54 am. AND DEVELOPMENT OF REAL ESTAT SC 21.00 Pittman Partners, Inc., an Indiana Corporation, its nominee or assignee (hereafter, "Owner the Contract Purchaser of the real estate located in Hamilton 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 1. Description of Real Estate: A. See Exhibit "A" Legal Description of R -4 Zoned Property B. See Exhibit `B" Legal Description of B -2 Zoned Property 2. Docket Numbers 33-03 Z and 32 -03 Z 3. Statement of Commitments For the Property Described in Exhibit A: A. There will not be any pole mounted street lights. B. All townhome residential units built will have their own deeded lot and all condominium residential units will be built utilizing a horizontal property regime "HPR C. All units that are 3- story townhome or condominium construction will be limited to brick and hardie plank. D. All 2 story townhome or condominium construction will be limited to brick or stone and a minimum of vinyl. E. All use of vinyl will be of similar quality and colors as that used in the adjacent residential neighborhood known as "The Westons." F. The southern property line and northern property line will have a minimum building setback and or greenbelt buffer of 30' G. The Owner will build a 6' shadow box fence on the southern property line. H. The Owner will submit an acceptable landscape plan during the Primary Platting process that includes trees that are "balled and burlapped" and tree transplanted trees that have a caliper size of 3" to 6" in the south greenbelt buffer. I. The east property line will have a minimum setback of 150'. The portion of the 150' setback area that does not have any drainage improvements will remain as natural area unencumbered by any trails or paths. J. The site will be developed to comply with the R-4 Zoning Designation utilizing the Residential Open Space Ordinance (ROSO III). K. All residential construction will be limited to 2 -story or 3 -story construction. L. No 3 -story construction will be allowed within 100' of the south property line, within 200' of the east property line, and 100' of the north property line of the Real Estate adjacent to surrounding properties with a zoning classification of S -1. 4- 25 -03; 4:25PM;PITTPARTNERS ;3175809786 2/ 7 t't yr r' M. Owner agrees to follow all erosion control requirements of the Hamilton County Soil and Conservation Service to limit any silt entering into The Westons drainage system. N. Monitor Lane will only connect into the Real Estate if required by the City of Carmel or the Hamilton County Highway. Department. The Owner is willing to provide pavers and an emergency access gate in lieu of a connecting street at the direction of the City of Carmel or Hamilton County Highway Department. O. The Owner further commits that the Real Estate could not be utilized as a mobile home park. P. 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. 4. Statement of Commitments For the Property Described in Exhibit B: A. All of the Real Estate described in Exhibit B is subject to the US Highway 421 Michigan Road Corridor Overlay Zone. B. The Owner further commits that the maximum square footage of finished commercial space shall not exceed 150,000 square feet. C. The Owner further commits that the portion of the Real Estate described in Exhibit B that is adjacent to "The Westons" will have a minimum building setback line of 100'. D. The Owner further commits to work with the City of Carmel to determine the best point of ingress and egress on the north or south end of the Real Estate. 5. 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 Commission. These Commitments may be 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 B -2 Business District Classification and shall remain in effect so long as said ordinance remains in effect. 7. Recording: 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.