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HomeMy WebLinkAboutNW SW SE QuadrantsMcKiNNEY EVANS ATTO, FINEYB AT LAW FACSIMILE COVER SIT, ET J RECIPIENT ,COMPANY/FIRM NAME F,e~ NUMBER Fax from: ,~-tLre-- Direct D[ol Number: 5'74 '37C~4 Number of pages: ~ (including this cover sheet} C/M Number: /Vmssage:. If you ~ve any pmbl~s, pl~se call ~ at 574'a-~3 This redlined draft, generated by CompareRite (TM) ~ The Instant Redliner, shows the differences between - original document : C:\TEMP\NO1_27037.3 and revised document: C:\TEMP\NO1._27037.4 CompareRite found 3 change(s) in the text Deletions appear as Strikethrough text surrounded by {} Additions appear as Bold+Dbl Underline text C:\TEMP~RESULT OF COMPARISON 27037 VER 3,WPD COMMITMENTS CONCERNING THE DEVELOPMENT AND USE OF REAL ESTATE In accordance with Indiana Code Section 36-7-4-615, NRC Corp. (hereafter the "Owner"), the owner of the following described Real Estate located in Hamilton County, Indiana (hereafter the "Real Estate") makes the following COMMITMENTS concerning the use and development of the Real Estate to the Carmel/Clay Plan Commission (hereafter "Commission"). 1. Description of Real Estate: See Exhibit A ("Real Estate") (Northwest Quadrant) 2. Docket No: 14-99Z Statement of Commitments: relating to the Real Estate: Owner makes the following commitments A minimum ninety (90) foot greenbelt buffer will be provided along the Springmill Road frontage. Billboards (a/k/a advertising signs for off-premises advertising) or freestanding elevated sig ns (a.k.a tall signs or interstate oriented pole signs) for business identification will not be permitted on the Real Estate. This does not exclude leasing signs or other identificatio~n sign permitted by ordinance. All extedor parking and street area lighting fixtures shall be of the "shoe-box" variety which directs the light downward and shall be limited to a maximum of 30 feet in height. Special attention will be given to direct all of the above mentioned lighting fixtures away from all adjacent .{feside~a~ residentially zoned or used property. Direct access to the Real Estate from Springmill Road and U.S. Highway 31 will be prohibited, Any office buildings constructed on the Real Estate will include a fire suppression system. C:\TEMP~RESULT OF COMPARISON 27(337 VER 3.WPD Development of the Real Estate shall be subject to Commission review and approval of conceptual site development plans, final site development plans and ADLS approvals. 4. Bindin.q on Successors and Assiqns: These Commitments are binding on the Owner of the Real Estate and each other person acquiring an interest in the 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 or as otherwise provided by lC 36-7-4-615. 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 Estate described on Exhibit A from the S-2 Residence District and the B-5 Business District to the B-6 Business District. 6. Recordinq: The undersigned hereby authorizes the Director of Community Development, or the Secretary of the Carmel/Clay Plan Commission, to record these commitments in the office of the Recorder of Hamilton County, Indiana upon adoption of the ordinance referred to in paragraph 5 above. 7. Enforcement: These commitments may be enforced by the Carmel/Clay Plan Commission. C:tTEMP~RESU LT OF COMPARISON 27037',/ER 3.WPD IN WITNESS WHEREOF, Owner has executed this instrument this ,1999. NRC CORP., an Indiana corporation day of By: Stephen L. Valinet, President STATE OF INDIANA ) ) SS: COUNTY OF MARION ) The undersigned, a Notary Public in and for said County and State, acknowledged the execution of the foregoing commitments by Stephen L. Valinet, the President of NRC Corp. WITNESSETH this day of ,1999. Notary Public My Commission Expires: Printed Signature County of Residence: This Instrument was prepared by Philip A. Nicely, Attorney at Law, Bose McKinney & Evans, 8888 Keystone Crossing, Suite 1500, Indianapolis, IN 46240 C:~TEMPt, RESULT OF COMPARISON 27037 VER 3.WPD Exhibit A Page I of 2 Exhibit A Page 2 of 2 This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between ~ original document : C:\TEMP\NO1_26745.6 and revised document: C:\TEMP\NOl_26745.7 CompareRite found 9 change(s) in the text Deletions appear as Strikethrough text surrounded by {} Additions appear as Bold+Dbl Underline text C:\TEMP~RESULT OF COMPARISON 26745 VER 6,WPD COMMITMENTS CONCERNING THE DEVELOPMENT AND USE OF REAL ESTATE In accordance with Indiana Code Section 36-7-4-615, NRC Corp. (hereafter the "Owner"), the owner of the following described Real Estate located in Hamilton County, Indiana (hereafter the "Real Estate") makes the following COMMITMENTS concerning the use and development of the Real Estate to the Carmel/Clay Plan Commission (hereafter "Commission"). 1. Description of Real Estate: See Exhibit A ("Real Estate") (Southwest Quadrant) 2. Docket No: 14-99Z Statement of Commitments: relating to the Real Estate: Owner makes the following commitments Any office building or other structure constructed within 460 feet of the now existing center-line of 96~ Street shall be no higher than five (5) stories. No office building will exceed a height of eight (8) stories. (Not applicable to the east 600 feet of the Real Estate). No office building or other structure shall be constructed within 220 feet of the now existing right-of-way of 96t~ Street. (Not applicable to the east 600 feet of the Real Estate). Co All parking located between 96th Street and the first office building(s) located north of 96th Street shall be restricted to surface parking only. Any deck parking (a/k/a structured parking) constructed to serve the Real Estate shall be located north of the first office building(s) located north of 96th Street. (Not applicable to the east 600 feet of the Real Estate). do A greenbelt buffer will be provided along the 96th Street frontage (other than the east 300 feet as provided herein) which will include a 5 foot to 6 foot undulating earthen berm on which will be placed eight to ten foot tall conifers similar to those placed along 96t~ Street east of U.S. 31 and in front of the existing Parkwood Crossing. Such berm shall extend from a distance that is approximately 300 feet west of Meridian Street to Springmill Road and north on Springmill Road a C:~TEMP~RESU!.T OF COMPARISON 26745 VER 6.WPD distance of approximately 500 feet, all as shown on the site plan attached hereto and marked Exhibit B. A curvilinear sidewalk shall also be installed along the 96th Street frontage south of the berm. Construction of the berm will commence contemporaneously with the initial site development for the Real Estate and will be finished contemporaneously with or prior to completion of the first building. Billboards (a/Ida advertising signs for off-premises advertising) or freestanding elevated signs (a.k.a tall signs or interstate oriented pole signs) for business identification will not be permitted on the Real Estate. This does not exclude leasing signs or other id_.__~entification s qns permitted by ordinance. Signs (excluding wall signs) for the office portion of the development (all of the Real Estate other than the east 600 feet) shall be similar to and of a similar design as those in the existing Parkwood Crossing office development located east of Meridian Street. All exterior parking and street area lighting fixtures shall be of the "shoe-box" variety which directs the light downward and shall be limited to a maximum of 30 feet in height. Special attention will be given to direct all of the above mentioned lighting fixtures away from all adjacent {-msidefltia~ residentially zoned or used property. Any illumination emanating {-feet} from the Real Estate shall not exceed 0.1 foot candle at the south right-of-way line of West 96th Street. Owner will use its' best efforts to cause the power lines adjacent to the Real Estate along 96th Street and Springmill Road to be placed underground. Subject to the approval of the appropriate government agencies, ail right-of-way needed for any widening of 96th Street to allow for the road improvements suggested in the report of A & F Engineering dated Febrdary, 1999 and submitted as part of the petition for rezoning of the Real Estate (other than at the intersection of 96th and Springmill Road and the intersection of 96th and Meridian Street) will be taken from the subject Real Estate and any improvements made to 96th Street (as suggested by the A & F Report) shall be made within the existing paving area or north of the existing paving. (Note: Apparent existing right-of-way on this section of West 96th Street equals 33 feet. Additional right-of-way required offthe north side of West 96th Street equals 57 feet. Total new right-of-way width on this C:~TEMF~RESU LT OF COMPARISON 26745 VER 6,WPD no section of West 96th Street will equal 90 feet). This additional right-of-way need not be dedicated prior to the commencement of development, however, the additional riqht-of-way shall be dedicated prior to the issuance of the first Improvement Location Permi~t. Owner will use its' best efforts to cause an opticom system to be installed with any traffic signals which are installed as a result of the development of the Real Estate. Access to the Real Estate will be limited to (1) a right-in/right-out only access across from Belle Manor Lane; (2) a full access across from Illinois Street, and (3) a full access approximately 500 feet west of Kenwood Avenue. Access to the Real Estate from Springmill Road will not be permitted, unless approved by the Commission. Retail development on the Real Estate, including hotels or restaurants, shall be located no further west than 600 feet from the west right-of-way line of U.S. Highway 31 (a/k/a Meridian Street), except as permitted in paragraph '1'. Fast food restaurants and automobile service stations (a/k/a gas stations and filling stations) shall be prohibited uses on the Real Estate. Use of the east 600 feet of the Real Estate (as defined in paragraph 'k') shall be limited to offices, hotels (which may be full-service hotels), restaurants and any other commercial use which may be subsequently approved by the Commission. Use of the balance of the Real Estate shall be limited to office use, including accessory uses and structures subordinate, appropriate and incidental to the permitted office uses, including supportive services directly related to and in the same building with the office use and accessory retail and service commemial uses such as a cafeteria or restaurant, pharmacy, optical goods, and photocopying and duplicating services. Drainage and sanitary sewers and the proposed drainage system, including retention pond(s) and storm sewers, and the sanitary sewer lines will be designed and approved by the applicable regulating agencies so as to not adversely impact the Williams Creek flood plain, or the existing or future adjacent residential development, or existing or future sanitary sewer connections in Marion County. Any office or hotel buildings constructed on the Real Estate will include a fire suppression system. C:\TEMP~RESULT OF COMPARISON 26745 VER 6.WPD po Development of the Real Estate shall be subject to Commission review and approval of conceptual site development plans, final site development plans and ADLS approvals. Owner commits to architecturally treat the south and west facades of any parking garage that has unrestricted sight lines to the existing neighborhood to the south or to the future neighborhood to be constructed to the west, such that the appearance of the parking garage, as viewed from the homes on the south side of 96th Street and from any homes which may be constructed on the west side of Springmill Road will be aesthetically .improved from that of the standard parking garage facade. No parking structure will exceed ground level plus three decks. Owner commits that any parking area shall be a minimum of 87 feet from the now existing right-of-way of 96th Street. (Not applicable to the east 600 feet of the Real Estate). Owner commits that the size of the development on the Real Estate shall be limited to 710,000 square feet of leaseable office area plus a full-service hotel consisting of approximately 300 rooms and two free-standing sit-down quality restaurants comprising a total of approximately ~ 14,000 square feet. The process to construct the improvements to 96~ Street and the improvements to the intersection of 96th Street and Meridian (collectively "Improvements"), as suggested in the A&F Engineering report, will be commenced contemporaneously with the start of the development of the Real Estate and will be diligently pursued to completion. Owner comrflits that the Real Estate shall be developed {eub~ ,,,, ....... ,,,j in compliance with the Conceptual Site Development Plan attached as Exhibit B, subject to such amendments and modifications thereto as are approved by the Commission or the Carmel/Clay Board of Zoning Appeals. 4, Binding on Successors and Assi,qns: These Commitments are binding on the Owner of the Real Estate and each other person acquiring an interest in the C;\TEMP~RESULT OF COMPARISON 26745 VER 6.V~PD 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 or as otherwise provided by lC 36-7-4-615. 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 Estate described on Exhibit A from the S-2 Residence District and the B-5 Business District to the B-6 Business District. 6. Recordin(~: The undersigned hereby authorizes the Director of Community Development, or the Secretary of the Carmel/Clay Plan Commission, to record these commitments in the office of the Recorder of Hamilton County, Indiana upon adoption of the ordinance referred to in paragraph 5 above. 7. Enforcement: These commitments may be enforced by the Carmel/ Clay Plan C ' s'on,r ''-- '''A-~--'~--''A ' ' ........... ^ .... =-'= .... C:~TEMP~ESU LT OF COMPARISON 26745 VER 6.WPD IN WITNESS WHEREOF, Owner has executed this instrument this day of ,1999. NRC CORP., an Indiana corporation By: Stephen L. Valinet, President STATE OF INDIANA ) ) SS: COUNTY OF MARION ) The undersigned, a Notary Public in and for said County and State, acknowledged the execution of the foregoing commitments by Stephen L. Valinet, the President of NRC Corp. WITNESSETH this day of ,1999. Notary Public My Commission Expires: Printed Signature County of Residence: This Instrument was prepared by Philip A. Nicely, Attorney at Law, Bose McKinney & Evans, 8888 Keystone Crossing, Suite 1500, Indianapolis, IN 46240 C:~TEMp~RESULT OF COMPARISON 26745 VER 6,WPD Exhibit A 1 J~S ~ ~- · '~a ~ 'tm~_l~ i~ f This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : C:\TEMP\NO1_27034.4 and revised document: C:\TEMP\NO1_27034.5 CompareRite found 7 change(s) in the text Deletions appear as Strikethmugh text surrounded by {} Additions appear as Bold+Dbl Underline text C:~TEM P~RESULT OF COMPARISON 27034 VER 4.WPD COMMITMENTS CONCERNING THE DEVELOPMENT AND USE OF REAL ESTATE In accordance with Indiana Code Section 36-7-4-615, NRC Corp. (hereafter the "Owner"), the owner of the following described Real Estate located in Hamilton County, Indiana (hereafter the "Real Estate") makes the following COMMITMENTS concerning the use and development of the Real Estate to the Carmel/Clay Plan Commission (hereafter "Commission"). 1. Description of Real Estate: See Exhibit A ("Real Estate") (Southeast Quadrant) 2. Docket No: 14-99Z Statement of Commitments: relating to the Real Estate: Owner makes the following commitments ao Billboards (a/Ida advertising signs for off-promises advertising) or freestanding elevated signs (a.k.a tall signs or interstate oriented pole signs) for business identification will not be permitted on the Real Estate. This does not exclude leasing signs or other identification si.qns permitted by ordinance. All exterior parking and street aroa lighting fixtures shall be of the "shoe-box" variety which directs the light downward and shall be limited to a maximum of 25 feet in height. Special attention will be given to direct all of the above mentioned lighting fixtures away from all adjacent {fesidefl~a~ residentially zoned or used property. Any illumination emanating from the Real Estate shall not exceed 0.1 foot candle at the adjacent south right-of-way line of East 96th Stroet. Subject to the'approval of the appropriate government agencies, all right-of-way needed for any widening of 96th Stroet to allow for the road improvements suggested in the report of A & F Engineering dated February, 1999 and submitted as part of the petition for rezoning of the Real Estate will be taken from the subject Real Estate and any improvements made to 96th Street (as suggested by the A & F Engineering report) shall be made within the existing paving aroa or north of the existing paving. (Note: Apparent existing right-of-way on this section of East 96th Street equals 73 feet. C:~TEMP~RESULT OF COMPARISON 27034 VER 4,VVPD Additional right-of-way required off the north side of East 96th Street equals 12 feet. Total new right-of-way width on this section of East 96th Street will equal 85 feet). This additional right-of-way need not be dedicated prior to the commencement of development, however, the additional ri~3ht-of-way shall be dedicated prior to the issuance of the first Improvement Location Permit. Owner will use its' best efforts to cause an opticom system to be installed with any traffic signals which are installed as a result of the development of the Real Estate. Access to the Real Estate will be limited to the existing full access to Parkwood Crossing (Pennsylvania Street extended). The following uses shall not be permitted on the Real Estate even though such uses may be permitted in the applicable zoning: 1. Auction room; 2. Auto tire center; 3. Billiard parlor (as a primary use); 4. Bowling alley; 5. Car wash - self-serve or automatic; 6. Cold storage locker; 7. Commercial parking lot; 8. Dance hall; 9. Gunsmith; 10. Indoor Theatre; 11. Meeting or party hall; 12. Motor bus or railroad passenger station; 13. Self-service laundry; 14. Shooting gallery; 15. Skating rink; 16. Fast food restaurants; and, 17. Automobile service stations (a/k/a gas stations and filling statior~s). For the purposes of these commitments, a "fast food restaurant" shall mean an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, on-premise or off-premise. No drive-thru window shall be permitted for any restaurant. A "deli", a "pizza parlor", a "sub shop" C:~TEMP~RESU LT OF COMPARISON 271~34 VER 4.WPD and similar type of facilities shall not be construed to be a fast food restaurant. Excluding the height of the buildings on the frontage lots on 96th Street, the Developer will use as a guideline for submission of any buildings for ADLS approval the architectural design requirements contained in the U.S. 421 Overlay Zone Ordinance, Ordinance No. Z-326. ko Owner shall reserve for right-of-way purposes, and agrees to dedicate upon the request of the applicable governmental agency, additional right-of-way along U.S. 31 and 96th Street as follows: 25' by parallel lines east of the existing right-of-way for U.S. 31 fora distance of approximately 300' north of the section line in 96th Street as shown on Exhibit B. An area along 96th Street that would provide right-of-way for 96~ Street equal to 75' north of the section line in 96th Street (for a total of 105' of ri(~ht-of-wav). No buildings or paved areas shall be constructed within such areas. Any multi-tenant retail buildings constructed on the Real Estate will include a fire suppression system. Retail development of the Real Estate shall be limited to a maximum of 105,000 square feet of leaseable area. The process to construct the improvements to 96th Street and the improvements to the intersection of 96th Street and Meridian (collectively "Improvements") as suggested in the A&F Engineering report will be'commenced contemporaneously with the start of the development of the Real Estate and will be diligently pursued to completion. Owner commits that the retail development of the Real Estate shall be t .... , ........ y ,~,,,o,o,~,,,/ develop)ed in compliance with the Conceptual Site Development Plan attached as Exhibit C, subject to such amendments and modifications thereto as are approved by the Commission or Carmel/Clay Board of Zoning Appeals. C;'~TEMP~RSSULT OF COMPARISON 27034 VER 4.VVPD Owner shall reserve for and provide to the City of Carmel at no cost to the City of Carmel within the greenbelt area along U.S. 31, an area sufficient for the erection of a "Welcome To Carmel" sign. 4. Binding on Successors and Assions: These Commitments are binding on the Owner of the Real Estate and each other person acquiring an interest in the 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 or as otherwise provided by lC 36-7-4-615. 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 Estate described on Exhibit ^ from the B-5 Business District to the B-6 Business District. 6. Recording: The undersigned hereby authorizes the Director of Community Development, or the Secretary of the Carmel/Clay Plan Commission, to record these commitments in the office of the Recorder of Hamilton County, Indiana upon adoption of the ordinance referred to in paragraph 5 above. 7. Enforcement: These commitments may be enforced by the Carmel/Clay Plan Commission. C:~TEMP'~RESULT OF COMPARISON 27034 VER 4.WI=D IN WITNESS WHEREOF, Owner has executed this instrument this day of ,1999. NRC CORP., an Indiana corporation By: Stephen L. Valinet, President STATE OF INDIANA ) ) SS: COUNTY OF MARION ) The undersigned, a Notary Public in and for said County and State, acknowledged the execution of the foregoing commitments by Stephen L. Valinet, the President of NRC Corp. WITNESSETH this day of .,1999. Notary Public My Commission Expires: Printed Signature County of Residence: This Instrument was prepared by Philip A. Nicely, Attorney at Law, Bose McKinney & Evans, 8888 Keystone Crossing, Suite 1500, Indianapolis, IN 46240 C:\TEMP~RESLILT OF COMPARtSON 27034 VER 4.WPD Exhibit A Z -< '1- t-- 0 .Z STEEL '~,,, CUT'"+" IN _..,, >,.- 119.62' Exhibit B NCE CORNER FOUND ~/'"Y-'~"-'.~._... N 2.7' & W 2.9' ~ E TREES / ',~-~H ALT Z CO;,!CRETE -Q- - __~ W TREES 96th STREET s 5 sOUTH LINE ~ 1/4 S~. i ~ ____.____~__--.--- _-,,:t.~-_~-_~ .... , .... 0 .... ^_-_~ .... =.-. ._'>.___,G,--~.~,-- '~ ..-:--,--%-~o'---/-~'----~"' .... Exhibit C BUILDING 'A'