HomeMy WebLinkAboutCommitments June 1990 (Docket 40-90-Z) COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
The undersigned (hereafter "Owner being the Owner of the
real estate described in Exhibits A (Real Estate 2), Exhibit A -1
(Real Estate 3), Exhibit A -2 (Real Estate 4), Exhibit A -3 (Real
Estate 5) and Exhibit A -4 (Real Estate 6) respectively
(hereinafter sometimes jointly referred to as the "Real Estate
hereby unilaterally and voluntarily commits to the Carmel Plan
Commission (hereafter the "Commission as follows:
1. Description of Real Estate See Exhibits A through A -4
inclusive.
2. Docket No. 40 -90 -Z
3. Statement of Commitments
A. Owner commits that Real Estate 2 and Real Estate 3
shall be developed pursuant to the Site Development Plan attached
hereto as Exhibit B (Site Development Plan).
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B. Owner commits that the Site Development Plan as
t. R-:1 Estate 2 and Real Estate 3 shall not be
ubstantially altered except as recommended by the
Department of Community Development, the Carmel Plan
Commission or the Carmel City Council.
C. Owner consents to the annexation of the Real Estate
to the City of Carmel, Indiana.
D. Owner, in conjunction with Tri- County Mental Health
Center, Inc., commits to cause the roadway improvements
described on Exhibit C hereto to be constructed.
E. Owner commits that the provisions of the B -6
Business District Classification notwithstanding, the
permitted uses and special uses listed on Exhibit D hereto
shall be prohibited on the Real Estate.
F. Owner commits that notwithstanding the permitted
uses and special uses provided for in the B -6 Business
District Classification, the uses defined as "Excluded Uses"
under Section 23.01 -7 of the Zoning Ordinance of the City of
Carmel, Indiana shall be prohibited on the Real Estate.
G. Owner commits that development of Real Estate 2 and
Real Estate 3 shall be subject to Carmel Plan Commission
review and approval of architectural design, landscaping,
lighting and signage as provided in Section 23.01 of the
Zoning Ordinance of the City of Carmel, Indiana.
H. Owner commits that no building constructed on Real
Estate 2 shall exceed the lesser of 50 feet or 4 stories in
height.
I. Owner commits that the use of Real Estate 3 by Owner
shall be limited to signage.
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
Commission. These commitments may be modified or terminated only
by a decision of the Commission made at a public hearing after
notice as provided by the rules of the Commission.
5. Effective Date. The commitments contained herein shall
be effective upon the adoption of an ordinance by the Carmel City
Council changing the zoning classification of the Real Estate2
and Real Estate 3 from R -2 to B -6.
6. Recording. The undersigned hereby authorized the
Director of Community Development or the Secretary of the Carmel
Plan Commission to record these commitments in the Office of the
Recorder of Hamilton County, Indiana upon the granting of the
approvals referred to in paragraph 5 above.
7. Enforcement. These commitments may be enforced by the
Carmel Plan Commission and the City of Carmel, Indiana.
8. Compliance Confirmation. The Director of the Department
of Community Development, Carmel, Indiana, shall, when requested
by the Owner, give written assurance, in letter form, that the
Owner has or has not complied with these commitments.
Executed this F day of p 1990.
PRO -MED LTD.,.
an Indiana Limited Partnership
BY .IL.... g
ot rt Hu he
Man..' General P. ner
2
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
The undersigned, a Notary Public in and for said County and
State, acknowledged the execution of the foregoing by Robert
Hughes, Managing General Partner of Pro -Med Ltd., an Indiana
Limited Partnership.
WITNESSETH this /Oh day of June, 1990.
Nip
Printed Name
My Commission Expires:
Residi in County
Prepared by: James J. Nelson, NELSON FRANKENBERGER, 3021 East
98th Street, Suite 220, Indianapolis, IN 46280
06/14/90
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Auto parts and tire center
Automobile or mobile home sales
Automobile service station
Boat sales
Bowling alley
Commercial parking lot
Farm implement sales
Furniture store
Indoor theater
Kennel, residential
License bureau
Lumber or building materials sales (enclosed)
Motor bus or railroad passenger station
Power transmission line
Recreational vehicle sales
Stadium or coliseum
Tavern or night club
Tennis or racquet ball facility
Veterinary hospital, without kennel
Automobile or truck repair (enclosed)
Carnivals, fairs, circuses, etc.
Cemetery
Commercial greenhouse
Commercial recreational enterprise or facility
Country club
Drive -in restaurant (curb or window service)
Garden shop
Golf course
Grocery store
Meat market
Mineral extraction, borrow pit, top soil removal their storage
Mobile home, temporary uses (one year maximum)
Newspaper publishing or printing plant
Plant nursery
Rental agency
Roadside sales stand
Skating rink
Supermarket
Veterinary hospital, with kennel
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