HomeMy WebLinkAboutPacketBOSE
McKINNEY
& EVANS
ATTORNEYS AT LAW
May 28,1999
Philip A. Nicely
North Office
Direct Dial (317) $74-3701
E-Mail: PNicely@boselaw. corn
To the Committee Members:
Enclosed for your benefit are Answers to the questions that were raised at the last
Committee meeting. Please note the following:
First, we have reduced the square footage on the Southwest Quadrant to
710,000 square feet.
Bo
Second, there are a couple of items that we need to present to the
Committee at the meeting: (1) for the proposed sketch for 96th Street and
Meridian to provide a level of service D in the peak hours at some point in
the future, and (2) an additional list of excluded uses. Unfortunately, we
were unable to get reduced copies of the sketch for this packet. Also,
several individuals who need to review the list for retail purposes were at the
ICSC conference last week and therefore we were unable to complete that
list.
Third, we have also included for your benefit the Commitments that have
been filed. These will need to be amended to include those Commitments
which the Committee has requested and which are outlined in the
memorandum.
Thank you for your consideration.
Very truly yours,
........
RIGHT-OF WAY-DEDIOATION
Right-of-way for 96t~ Street west of Meridian Street:
Apparent existing right-of-way - 33 feet
Additional right-of-way off north side - 35 feet
Total right-of-way = 78 feet
Right-of-way for 96th Street east of Mf~ridian Street:
Apparent existing right-of-way - 73 feet
Additional right-of-way off north side - 12 feet
Total right-of-way = 85 feet
Conc~ Ma~ pla~
Scheme D
465
B-Co
METHO dST
MEDICAL = I_,~,Z_.A
.r~ ' ~ SS NG
Exhibit C
~ TOTRL I~. 02 *~
IBOSE
McKINNEY
& EVANS
ATTORNEY~ AT LAW
FACSIMILE COVER SHEET
RECIPIENT COMPANY/I=IRM NAME FAX NUMBER
Fax from:
Number of pages:
Message:
Direct Dial Number: ~;7~"
(Including this cover sheet] C/M Number:
If you hove any problems, please call
574-
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PADS
SITE 'A'
APPROX. 19.5 ACRES
VALIIN ET PROPER1W
CONCEPTUAL MASTER PLAN
II
PE:]]TION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING
ORDINANCE
Date:
January 15, 1999
(RF7ONE APPLICATION)
$500 plus $25.00 per acre
Docket No.: 14-99z
Name ofOwner: ~mc Corporation
PhoneNo.:() 3i'7 - 574-3700
Address of Owner: Philip A. Nicely, Bose, Mc~innev & Evans
8888 Keystone Crossing, Suite 1500
Indianapolis, IN 46240
Record of Ownership: Deed Book: * Page:.
· See Surveys
Legal Description (Use additional page[s] if necessary):.
Purchase Date:
(See Surveys)
Common Address of Property Involved (or General Description if no Address Exists):
Valinet property at 1-465 and U.S. Highway 31:
NEC of 96th and U.S. Highway 31;
NWC of 96th and U.S. Highway 31 (to Spring Mil1 Road) i and,
NEC of 1-465 and Spring Mill Road
Proposed Zoning Change: From thes2&B5 District~to the ~6&~8 Oistrict~sfor the property
shown outlined in red on the map attached hereto, which is made a part of this petition.
Statement of compliance with the Carmel/Clay Comprehensive Plan
( u s e a d d'i t i o n a I p a g e s i f n e c e s s a r y ) :
,The proposed rezon~ngs are consistent with the recommendations of the
Comprehensive Plan ~mendment known as the 1997 U.S. 31 Corridor Plan. an
amendment to the 2020 Vision Plan (1996).
Revised 10/4195 s:\formskezone.app
AFFIDAVIT
(I or We), being duly sworn, depose and say that (I or We) (am or are) the (owner or
owners) of Fifty Percent (50%) or more of the property involved in this application and
that the foregoing signatures, statements, and answers herein contained and the
information herewith submitted are in all respects true and correct to the best of (my or
our) knowledge and belief.
NRC Corporation ~
Namec/o Philip A. Nicely
8888 Keystone Crossing, Suite 1500
Address
Indianapolis, IN 46240
City, State
Name
Address
city.
Duke Realty Limited Palrtnershio a~/~~- '~ :~~'
Name - N e '
(317) 574-3700 (317) 57'4-3700
Telephone Telephone
January 15, 1999 January 15~ 1999
Date Date
State of Indiana )
) SS:
County of r~rion }
Before me the undersigned, a Notary Public for Marion
(officer's county of residence)
County, State of Indiana, personally appeared Philip A. Nicely
(name of person)
and
acknowledged the execution of the foregoing instrument this 15th day of
January 19 99.
'(SEAL and Signature)
Steven B. Granner
(printed or typed)
s:\forms\rezone.app
My commission expires:~
10/95
~:z ~:---Jz~
D ke
ZONING CHANGE ANALYSIS
Duke Realty Limited Partnership has filed a rezone application for the
northwest and southwest quadrants of 1-465 and U.S. Highway 31 to the B6
District classification and to rezone the southeast quadrant of 1-465 and U.S.
Highway 31 to the B8 District classification. This rezone application is the
exact same request for this Real Estate as was initiated by the Commission's
staff several months ago as part of the U.S. Highway 31 Corridor rezone
package.
Of the 66+ acres subject to this petition, 24+ acres (or 36+%) are
currently zoned B$. The balance of the Real Estate is currently zoned S2. The
office development proposed for the northwest quadrant will be integrated
with the existing Meridian at 465 development. The office/hotel/restaurant
development proposed for the southwest quadrant will be a Parkwood
Crossing type, or better, quality development. The retail development
proposed for the southeast quadrant will share the existing west access for
Parkwood Crossing and will be an upscale specialty retail development which
will provide amenities to the surrounding area and the corridor.
The Development Plan and Strategies U.S. Highway Corridor, a special
area study amendment to the 1996 Carmel/Clay Township Comprehensive
Plan (the "Plan"), proposes that the northwest quadrant be developed with a
planned office campus with height restriction. This quadrant could also
include a signature office site. The Plan proposes that the southwest quadrant
be developed with a planned office development, except that the east 600 feet
could be developed with commercial/retail/service uses. The 2020 Vision Plan
proposes that the southeast quadrant be developed as part of the U.S.
Highway 31 Regional-Community Employment Area, which could include
support retail or commercial.
Duke Realty Limited Partnership's rezone application is consistent with
the Comprehensive Plan proposals for the Real Estate.
::ODMA~MH ODMA\NO1;26875;1
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
Billboards (a/k/a 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 identification
signs permitted by ordinance.
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 25 feet in height. Special attention will be
given to direct all of the above mentioned lighting fixtures away from
all adjacent 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 96~ Street.
Subject to the approval of the apprepdate government agencies, all
right-of-way needed for any widening of 96th Street to allow for the
read 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
area or north of the existing paving. (Note: Apparent existing right-of-
way on this section of East 96th Street equals 73 feet. Additional right-
::ODMA~M H ODMA~N O 1;27034;5
do
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
right-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 - seE-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
station, s).
For the purposes of these commitments, a '~ast 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"
and similar type of facilities shall not be construed to be a fast food
restaurant.
::ODMA~N[H ODMA'~IO1;27034;5
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.
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 right-of-way).
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
developed 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.
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 Assigns: 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 B-5 Business
District to the B-6 Business District.
6. Recordino: 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.
::ODMA'~vlHODMA~NOI ;27034;5
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.
WlTNESSETH this
day of ,1999.
Notary Public
My Commission Expires:
Printed Signature
County of Residence:
This Instrument was prepared by Philip A. Nicely, Attomey at Law, Bose McKinney &
Evans, 8888 Keystone Crossing, Suite 1500, Indianapolis, IN 46240
::ODMA~MHODMA~O1 ;27034;5
Exhibit A
I,I
I,I
Z
STEEL
Exhibit B
o
L"' F A R N'
~ z~ E
CORNER FOUND
N 2.7' & W 2.9'
CRAyEL
Tr~ 96th STREET
. 57
SOUTH LINE I/4 SE
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.... ~__~,~,__ ~---_,~o,_~_~,_- ~u~, .... ~.,---
CUT "+" IN
179.62'
Z
CONCRETE
Exhibit C
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 greenbelt buffer will be provided along the Springmill Road
frontage.
Billboards (a/k/a advertising signs for off-premises advertising) or
freestanding elevated signs (a.k.a tall signs or interstate oriented
signs) for business identification will not be permitted on the Real
Estate. This does not exclude leasing signs.
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 residential property.
Direct access to the Real Estate from Spdngmill Road and U.S.
Highway 31 will be prohibited.
Any office buildings constructed on the Real Estate will include a fire
suppression system.
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.
::ODMA~IHOOMA'~IOt ;27037;2
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 A from the S-2 Residence
District and 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 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
Plan Commission.
::ODMA~IHODMA~NO1;27037;2
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
::ODMA~NIHODMA~NOI ;27037;2
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 constructed within 460 feet of the now existing
center-line of 96th Street shall be no higher than five (5) stories. (Not
applicable to the east 600 feet of the Real Estate).
No office building shall be constructed within 200 feet of the now
existing center-line of 96th Street. (Not applicable to the east 600 feet
of the Real Estate).
All parking located between 96th Street and the first office building(s)
located north of 96t~ 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 96t~ Street. (Not applicable to the east 600 feet of the Real
Estate).
A greenbelt buffer will be provided along the 96~ 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 six
to eight foot tall conifers similar to those placed along 96th Street east
of U.S. 31 and in front of Parkwood Crossing. Such beam shall
extend from a distance that is approximately 300 feet west of Meridian
Street to Springmill Road and north on Springmill Road a distance of
approximately 500 feet all as shown on the site plan attached hereto
and marked Exhibit B. A sidewalk shall also be installed along the
96th Street frontage south of the berm.
Billboards (a/k/a advertising signs for off-premises advertising) or
freestanding elevated signs (a.k.a tall signs or interstate oriented
signs) for business identification will not be permitted on the Real
Estate, This does not exclude leasing signs.
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 residential 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 96~h 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, all
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 February, 1999 and submitted as part of the petition for
rezoning of the Real Estate (other than at the intersection of 96~h 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. 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.
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/ida Meridian Street),
except as permitted in paragraph '1'.
Fast food restaurants and automobile service stations (a/Ida 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 commemial 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 commercial 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.
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.
::ODMA~IHODMA~IO 1 ;26745;5
4. Binding on Successors and Assigns: 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. Recording: The undersigned hereby authorizes 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 adoption of the ordinance referred to in paragraph 5 above.
7. Enforcement: These commitments may be enforced by the Carmel
Plan Commission.
::ODMA'~IHODMA\NO 1 ;26745;5
IN WITNESS WHEREOF, Owner has executed this instrument this
., 1999.
day of
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
Printed Signature
My Commission Expires:
County of Residence:
This Instrument was prepared by Philip A. Nicely, Attorney at Law, Bose McKirjney &
Evans, 8888 Keystone Crossing, Suite 1500, Indianapolis, IN 46240
This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the
differences between-
originaldocument : C:\TEMP\NOl_26745.5
and revised document: C:\TEMP\NO1_26745.6
CompareRite found 20 change(s) in the text
Deletions appear as Strikethmugh text surrounded by {}
Additions appear as Bold+Dbl Underline text
C:'~TEMI~RESU LT OF COMPARISON 26745 VER 5.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
a. Any office building or other structure constructed within 460 feet of
, ~,- ~,!the_~ting cente?li~f'g6th Street shall be no higher tha ~,
.... '~' ~'(~5~' ~~)~'~uildinq will exceed a heJqht of..ei,qh~ (~8~.~
~o~-. ~lot applicabl~ to the east 600 feet of the Real Es~*t~}';-~
b. No office build.~i~g or other structure shall be constructed within {200}
220 feet o[~=h~ existing ~ riaht-of-wav of 96th Street.
(--~'~t applicai~l~o the east 600 feet of the Real Estate).
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).
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 {six
t~} eight to ten foot tall conifers similar to those placed along 96~h
Street east of U.S. 31 and in front of the existing Parkwood Crossing,
Such {bc;m} berm shall extend from a distance that is approximately
300 feet west of Meridian Street to Springmill Road and nodh on
C:~TEMP~RESULT OF COMPARISON 26745 VER 5.WPD
go
Springmill Road a 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 buildin.q.
Billboards (a/Ida advertising signs for off-premises advertising) or
freestanding elevated s~igns (a.k.a tall signs
signs) for business identification will not be perm'-~-~ed on the Real
Estate. This does not exclude leasing signs.
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 adjaceat~t~§_i~nti--al. Pl:~r{~/~Any illumination emanat~ng~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 96t~ Street and Springmill Road to be placed
underground.
Subject to the approval of the appropriate government agencies, all
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 February, 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 96t~ Street
equals 33 feet. Additional right-of-way required offthe north side
of West 96th Street equals 57 feet. Total new rtght-of-way width
C:~TEMP~.ESULT OF COMPARISON 26745 VER 5.WPD
this section of West 96th Street will equal 90 feet). This~
on
additional riqht-of-wa¥ need not be dedicated prior to the
commencement of develo=ment. 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 Sprin.qmill
Road will not be permitted. , ~
ko
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 commercial uses such.as a cafeteria or
restaurant, pharmacy, optical goods, and photocopying and
duplicating services.
mo
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 5.WPD
Oo
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 parkin¢l garage that has unrestricted sight lines
to the existing nei,qhborhood to the south or to the future
neighborhood to be constructed to the west, such that the
appearance of the parking ~laraqe, as viewed from the homes on
the south side of 96t' Street and from any homes which may be
constructed on the west side of Sprin,qmill Road will be
aesthetically improved from that of the standard Darkina oarage'
facade.
~. No parking structure will exceed qround level plus three decks.
Owner commits that an.y parki.ng area shall be a minimum of 87
feet from the now ex,sting right-of-way of 96th Street. {Not
applicable to the east 600 feet of the Real Estate).
t=
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 15,000 square feet.
The process to construct the improvements to 96th Street and the
improvements to the intersection of 96th Street and Meridian
(collectively "Improvements"), as SU;l.qested in the A&F
En¢lineerin.q report, will be commenced contemporaneously with
the start of the development of the Real Estate and will be
diliqently pursued to completion.
u. Owner .c. ommits !hat the. Real Estate shall be developed
, ~ ~__~tially consisten~th the Conceptual Site Development
'~'~i ~ P~ec tosuch amendments and
~,~c modifications thereto as are approved by the Commission or the
Carmel/Clay Board of Zoninfl Appeals.
4. B nd ng on Successors and Assigns: 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 5.WPD
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.q: The undersigned hereby authorizes the Director of
Community Development, or the Secretary of the {Carmel} 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 {C-armet
}Carmell~{P~'t--Semm~a~ Clay Plan Commission, the Cedar Knolls
Ho~ner's Association ~d pine Drive Homeowner's Association.
?
C:~TEMP~RESU LT OF COMPARrSON 26745 VER 5.WPD
IN WITNESS WHEREOF, Owner has executed this instrument this
,1999.
day of
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
Printed Signature
My Commission Expires:
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 5.WPD
Exhibit A
Exhibit B