HomeMy WebLinkAboutApplicationOctober 23, 2002
BRENWICK
Mr. Jon Dobosiewicz
Department of Community Services
City of Carmel
One .Civic Square
Carmel, IN 46032
Re: The Helen Wells Agency Building at The Village of WestClay
Dear Mr. Dobosiewicz:
As project architeCt for The Village of WestClay, I certify that the mixed-use building
detailed on the plans dated October 4, 2002, Prepared by R.E. Thomason & Associates
P.C. substantially conforms to the approved Development Plan for The Village of
WestClay (recorded as instrument 9909934232 in the Office of the Recorder of Hamilton
County), specifically sheets Al02 (street elevation) and Al03 (apartments and
townhouses), and the Development Requirements and Design Vocabulary for The
Village, as specified in the WestClay Village Planned Unit Development District
Ordinance (No. Z-387-02).
..
The exterior elevations of the proposed building embodies the architectural elements we
desire for the commercial and mixed-use area of The Village, specifically, the use of
appropriately scaled and proportioned windows, decorative moldings at the roof cornice,
the inclusion of window hoods, storefront detailing, and the use of materials and colors
typical of the 1810-1880 era.
ResPectfUlly
BRENWICK DEVELOPMENT COMPANY. INC.
Architect -
12821 15. New Market S't, Suite 200 · Carmel, Indiana 46032 · 317.574.3400 · 317.574.3919 Fax
bre nwic k@bre nwick.co m h ttp://www, b re nwic k. com
FROM: Jose Kreu~z
DATE:
September 17, 2002
TO'
NI. gvIBER OF PAGES 0NCLUDI~(} COVER SI~ET)' ~_
REC~~~ FAX NUMBER: 571.2426 '-
IF ALL OF TI-IESE PAGES ARE NOT RECEI~D, PLEASE CALL: (317) ~74.3400
~ nderline e 2 where we have made
hurry on our. end,
Jose
BRENWICK
The Village of WestClay
317.574-3400
12821 East New Market Street, Suite 200 Cannel, Indiana 46032
317.574.3919 fax www.Brenwick.com
In accordance with I.¢. 36-7-40607, the owners of the real estate located along
Towne Road in Clay Township, Hamilton Cotmty, Indiana, which is described on
Exhibit A attached hereto and made a part hereof (the "Real Estate"), make the
following COMMITMENTS concerning improvements to Towne Road (the
"Improvements) in connection with the use and development of the Real Estate
along Towne Road in The Village of We~tClay (the "Development") pursuant to
the WestClay Village Planned Unit Development District Ordinance adopted by
the Carmel City Council on January 4, 1999 (Ordinance No. Z-330)(the
"Ordinance") and the mended Primary Plat approved pursuant thereto.
STATEMENT OF COMMITMENTS
1. Towne Road Limits. These commitments are made in
connection with the one-half mile portion of Towne Road within the
Development, between 126t~ and 131"t Streets.
2. Right. of-Way. Pursuant to the Development Plan approved as part
of the adoption of the Ordinance, Developer agrees to dedicate at no
cost to the Governmental Entity a 140' wide fight-of-way along
Towne Road. A 150' wide fight-of-way shall be dedicated wittdn 300'
of the intersections with 126°a and 131't Streets. The fight-of-way shall
be centered along the aligmnent shown in the Development Plan.
3. Improvements, The Developer shall prepare a Construction Plan for
improvements to Towne Road for review and approval by the,
Governmental Entity. Said improvements shall consist of the
construction of a northbound and a southbound lane divided by a
landscaped, uncurbed median, and all necessary storm sewer and other
utility improvements. Where vos.qible. Devel0.ner will attem__o_t to make_
use of existing, roadway surface, nrovid~d slope. ~a~ement.~section and
drainage. '~tan~lsrda._are-met. Spe~,d change lanes shall be provided at
i~ierse~tions wi-th streets within the Development, where wan'anted.
Whether a speed change lane is warranted, and the specific geometry
of any such lanes shall be determined by a traffic engineer based on
traffic conditions forecast in the traffic studies prepared and submitted
in connection with Ordinance Z-330 and vehicular turning data
estimated pursuant to the Development Plan. The Landscape Plan for
Towne Road shall conform to the landscape details contained within
the Development Plan and the overall landscape of the Development.
4. Timing, The Construction Plan shall be submitted to the
Oovemmental Entity upon requesting approval of the Secondary Plat
for any section of the Development located west of Towne Road.
Construction of the Improvements shall begin within one (1) calendar
year of recording said Secondary Plat in the Office of the Recorder of
Hamilton County. Construction shall progress as expediently as
possible.
5. 126taStreetlntersection. The Developer shall construct a
roundabout intersection subject to assistance from the Governmental
Entity for the acquisition of the necessary fight-of-way along the east
side of the intersection. Developer shall reimburse the Governmental
Entity for the estimated 45' half-fight-way at said leg of the
intersection. The roundabout shall be similar in size to the roundabout
in existence at the intersection of 126t~' Street at Haz¢ldell Road.
Developer shall make improvements to 126~a Street insofar as they are
warranted to construct said roundabout.
6. 131~t Street Intersection. The Developer shall make available
the necessary right-of-way within the Development for the City's
construction of a roundabout. The roundabout shall be similar in size
to the roundabout in existence at the intersection of 131s* Street at
Haz¢ldell Road. Developer shall ensure the improvements discussed in
Section 3 herein are in harmony with the City's roundabout.
7. Construction Sureties. Prior to commencing construction of
the Improvements, the Developer shall post to the Governmental
Entity a surety, in the form of a construction bond or irrevocable
unconditional letter of credit, in the amount of the estimated cost of
Improvements. Said surety shall have an expiry date of no earlier than
one (1) year after delivery of said surety to the Governmental Entity.
Surety shall be returned, unclaimed, to the Developer upon completion
of Improvements and acceptance thereof by (3ovemmental Entity.
8. Road ImpactFees. In the event an impact fee for road
infrastructure is imposed by the Gove~ental Entity pursuant to IC
36-7-4-1300 or any successor or replacement law, Developer shall be
entitled to a credit against any impact fee otherwise due in an amount
equal to the actual cost of Improvements and fair market value of ,the,.
dexlic_~gd ri~ht-of-_~yav,- - ..
These COMMITMENTS shall run with the land, be binding on the owner, subsequent
owners of the r~al ¢~tate and other persons acquiring an interest therein. These
COMMITMENTS may be modified or ~¢rminatcd by a decision of the Carmel/Clay Plan
Commission made at a public hearing after proper notice has been given,
COM3CWM]ENTS contained in this instrument shall be effective upon the approval of
rczoni~g petition lO-02-Z and shall continue in effect to each portion of the Real Estate
for as long as such portion remains zoned to the classification specified therefor in
petition 10--02-Z, or until modified or terminated by the Commission.
These COM3tlITMENTS may be enforced jointly or severally by:
The Carmel/Clay Plan Commission;
Thc City of Cannel, Indiana;
.
Hamilton County, Indiana; and
4. 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 thc perimeter
of thc real estate, and all owners of real estate within the area included in the
petition who were not petitioners for rezoning.
Thc undersigned h~r~by authorizes the Depaztment of Community Services of
Carmel/Clay Township, Hamilton County, Indiana to record these COMMITMENTS in
thc Office of the Recorder of Hamilton County. Indiana, upon final approval of rezoning
petition 10-02-Z
[Signatures begin on following pages]
IN W1TI~SS WHF. I~OF, ow~aer has executed this instrument this ~13th day of
September. :2002.
BRENWICK TND COM~, LLC
[Organization Acknowledgment]
STATE OF INDIANA )
) SS:
COUNTY OF HA_MILTON )
Before me, a Notary Public in and for said County and State, personally appeared George
P. Sweet, Co-Manager ot5 Brenwiek TND Communities, LLC, an Indi~a limited liability
company, owner(s) of the real estate who acknowledged the execution of the foregoing
instrument and who, having been duly sworn, stated that any representations therein
contained are true.
Witness my hand and Notarial Seal this 31~ day of Seotcmber, 2002.
~ign~turo
(Printed)
My Commission Expires:
County of Residence
May 24, 2007 Hendricks
This inatrument prepared by Tom Charles Huston, Attorney at Law, 12821 East New Market
Street, Suite 200, Carmel, Indiana 46032.
M:XsharedXkreutz\westclayXzoning commilx~ents September 2002