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HomeMy WebLinkAboutPacket 06-19-12Carmel Plan Commission June 19, 2012 INFORMATION BOOKLET Docket No. 12040020 CA Commitment Amendment Application North Meridian Medical Pavilion 12188 N. Meridian Street HCRI Carmel Building A Medical Facility, LLC HCRI Carmel Building B Medical Facility, LLC Steven B. Granner, AICP Bose McKinney Evans LLP 111 Monument Circle, Suite 2700 Indianapolis, IN 46204 (317) 684 -5304 (317) 223 -0304 sgranner(a�boselaw.com B OSE McKINNEY E VANS u, BOSE MEANS BUSINESS 2012 Bose McKinney Evans LLP WWW.BOSELAW.COM Tab TABLE OF CONTENTS Description 1. Description of Request and Background 2. Location of Existing Signs and the Proposed Location of the New Sign at the South Entrance along Illinois Street 3. Existing Ground Sign Along Meridian Street Frontage Road (07050010 ADLS Amend.) 4. Original Ground Sign Along Illinois Street (07050010 ADLS Amend.) 5. Original Requested Replacement Ground Sign Along Illinois Street (08020019 V and 08020027 V) 6. Approved Replacement Ground Sign Along Illinois Street (08020019 V; 08020027 V; 080300037 CA; and, 08070019 ADLS Amend.) 7. Sign Permit Issued for Replacement Ground Sign Along Illinois Street (Sign Permit #08100046) 8. Existing Ground Sign Along Illinois Street (08020019 V; 08020027 V; 080300037 CA; and, 08070019 ADLS Amend.) 9. Requested 8 -Panel Revision to the Existing Ground Sign at the Illinois Street North Entrance (12040020 CA) 10. Requested New Ground Sign at the Illinois Street South Entrance (12040020 CA) 11. Proposed 2 nd Revised Statement of Commitments (12040020 CA) 12. Revised Statement of Commitments (080300037 CA) 13. Red -line Comparing 2 Revised (Tab #11) to Revised (Tab #12) 14. Original Commitments (Z- 459 -04 and 04050053 DP /ADLS) 2166586_1 Description of Request Background NORTH MERIDIAN MEDICAL PAVILION Approval of an Amended Commitment Amendment Application Docket No. 12040020 CA Description of Request and Background HCRI Carmel Building A Medical Facility, LLC and HCRI Carmel Building B Medical Facility, LLC (collectively the "Petitioner are requesting an amendment to existing revised commitments (See Tab #11 and Tab #13) in Z- 459 -04 (04100031 Z), as amended by 08030037 CA, (i) to allow for the existing directory and building identification sign (a /k/a Center Identification Ground Sign) located at the northern entrance along Illinois Street to have eight (8), rather than four (4), tenant panels per face; and, (ii) to allow the second directory and building identification sign, which will be located at the southern entrance along Illinois Street, to also have eight (8) tenant panels per face and be the same height, size and construction as the existing directory and building identification sign, per the plans filed. Please see Tab #9 and Tab #10. The North Meridian Medical Pavilion (the "Project is comprised of 2 medical office buildings which front U.S. 31/Meridian Street with shared parking to the west adjacent to Illinois Street. Each of the buildings is entitled to 2 wall tenant identification signs facing U.S. 31, per a previous variance approval (04110022 V). Additionally, as a part of the approved signage package for the Project, there is a Multi- tenant Building Complex Directory Sign located on the Frontage Road adjacent to U.S. 31 (See Tab #3) and a directory and building identification sign on Illinois Street at the north entrance to the parking lot (See Tab #9). In October and November of 2004, Lauth Property Group, as developer of the Project, presented and had approved a development plan for the Project. A portion of the Project site had been a part of the William Creek Farms subdivision. That portion was rezoned from residential to the B -6 business zoning classification. As a part of the DP /ADLS approval (04050053 DP /ADLS) and the rezoning (0410031 Z), certain commitments (the "Commitments were made to the Plan Commission concerning the development of the Project, including the two directory and building identification signs to be located at the two entrances to the Project parking lot off of Illinois Street. Please see the Commitments included under Tab #14. In paragraph 5 of the Commitments, it provided that the two directory and building identification signs shall be limited to ground mounted signs not to exceed 5 feet in height. In 2007, approval (07050010 ADLS Amend.) was given for two ground signs for the Project, one along the Meridian Street frontage road (See Tab #3) and one at the north entrance along Illinois Street (See Tab #4). In February, 2008, a variance petition was filed requesting a taller sign for the north entrance along Illinois Street (See Tab #5). On March 24, 2008, the Carmel Board of Zoning Appeals approved 2 development standards variances (08020019 V and 08020027 V) to allow for a directory and building identification sign with 4 tenant panels not to exceed 8 feet in height (See Tab #6). Because the approved height was in excess of 5 feet as provided for in the Commitments, a request was filed with the Plan Commission to amend the Commitments to allow for the proposed 8 foot directory and building identification sign. Please see the approved Revised Statement of Commitments included under Tab #12. The Plan Commission approved the Revised Commitments (080300037 CA), along with the ADLS Amend. (08070019 ADLS Amend.), which currently allows the sign at the north entrance along Illinois Street to be 8 feet tall and to have 4 tenant panels. COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY AND DEVELOPMENT PLAN APPROVAL In accordance with I.C. §36 -7 -4 -613 and I.C. §36 -7 -4 -615, HCRI Carmel Building A Medical Facility, LLC, and HCRI Carmel Building B Medical Facility, LLC, the owners of the real estate located in Hamilton County, Indiana, which is described below, (the "Real Estate make the following COMMITMENTS concerning the use and development of the Real Estate. This 2" Revised Statement of Commitments supplants and replaces those Commitments made under Docket Number 04050053 DP /ADLS and Ordinance Z- 459 -04, as revised and restated under Docket Number 08030037 CA. Legal Description of Real Estate: See Exhibit "A" attached. Statement of COMMITMENTS: 2 REVISED STATEMENT OF COMMITMENTS 1. Lighting within the parking lots west of the buildings to be constructed upon the Real Estate "West Parking Lots shall be reduced by turning off the lights in the west two thirds (2/3) of the West Parking Lots (whether or not the West Parking Lots include real estate formerly comprising a part of Williams Creek Farms Subdivision) between the hours of 10:00 p.m. and 6:30 a.m. on weekdays (Monday through Friday) and 8:00 p.m. and 7:30 a.m. on Saturday and Sunday of each week "Restricted Hours 2. Any lighting which washes the west face of either of the buildings proposed to be constructed upon the Real Estate shall also be turned off during the Restricted Hours. This commitment shall not, however, restrict lighting under the porte cochere on the west side of either building, or any low level (not exceeding three feet (3') in height) lighting located within landscaped areas adjacent to the west side of either Building or within the landscape islands alternatively placed at the east end of the parking rows in the West Parking Lots. 3. Any light poles in any part of the West Parking Lots formerly comprising a part of Williams Creek Farms Subdivision, shall not exceed fifteen feet (15) in height (measured for purposes hereof at the central point of each pole). 4. No free- standing cellular towers or other similar free standing towers shall be permitted to be constructed anywhere upon the real estate. 5. Directory and building identification signage at each entrance to the West Parking Lots off of Illinois Street shall be limited to low -level ground mounted signs. A building- tenant ground identification sign shall be permitted at the north entrance to the West Parking Lots and a building- tenant ground identification sign shall be permitted at the south entrance to the West Parking Lots. Both signs shall not individually exceed eight (8) feet in height and shall not individually have more than eight (8) tenant panels per face. All ground signs shall be either internally illuminated or illuminated by lighting fixtures which are completely shielded, such signs to be located within a landscaped area at least equal to the total sign surface area of each such sign and to otherwise comply with the applicable provisions of the Carmel -Clay Zoning Ordinance. 6. All roof -top equipment shall be screened from view by a parapet wall or screen equal to or greater in height than equipment screened thereby. 1 7. Trash pickup from the Real Estate shall not occur before 7:30 a.m. or after 6:30 p.m. on any weekday (Monday through Friday). Trash pickup shall not be permitted on Saturday or Sunday. 8. No above ground structures or improvements shall be permitted within any part of the development which was formerly a part of Williams Creek Farms Subdivision, except light poles, ground mounted directory, building and /or building- tenant identification signage otherwise permitted by these commitments, a parking lot, driveways, landscaping, drainage facilities, electrical panel boxes not exceeding five (5) feet in height, and drop -off boxes for mail pick -up and deliveries. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of these 2 revised commitments by the Carmel Plan Commission, under docket number 12040020 CA, and shall continue in effect for as long as the above described Real Estate remains zoned to the B -6 Business District zoning classification or until such other time as may be specified herein. These COMMITMENTS may be enforced jointly or severally by: 1. The Carmel Plan Commission; 2. 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 the perimeter of the Real Estate; and 3. No others. [Signatures on following page.] 2 The undersigned hereby authorizes the City of Carmel, Department of Community Services, to record these Commitments in the Office of the Recorder of Hamilton County, Indiana, upon final approval of docket number 12040020 CA. STATE OF FLORIDA COUNTY OF PALM BEACH My Commission Expires: My County of Residence: 1136766v3 IN WITNESS WHEREOF, owners have executed this instrument this day of 2012. )SS: HCRI CARMEL BUILDING A MEDICAL FACILITY, LLC By: Printed Signature Title: HCRI CARMEL BUILDING B MEDICAL FACILITY, LLC By: Title: Printed Signature Before me, a Notary Public in and for said County and State, personally appeared by me known to be the Senior Vice President of HCRI Carmel Building A Medical Facility, LLC, and HCRI Carmel Building B Medical Facility, LLC, who acknowledged the execution of the foregoing "2' Revised Statement of Commitments" on behalf of said limited liability companies. WITNESS my hand and Notarial Seal this day of 2012. 3 Notary Public (Printed Signature) EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Commencing at the Southeast corner of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East; thence North 00 degrees 02 minutes 42 seconds West (assumed bearing) on the East line of said Northwest Quarter 1968.00 feet; thence South 88 degrees 51 minutes 53 seconds West parallel with the South line of said Northwest Quarter 916.93 feet Deed (924.34 feet measured) to the Westerly right of way line of local service road #3 as per I.S.H.C. plans for Project No. STF -222 (9) dated 1973 for relocation of U.S. Highway #31 and the place of beginning of the real estate herein described; thence South 88 degrees 51 minutes 53 seconds West parallel with said South line 403.21 feet to the West line of the East Half of said Northwest Quarter; thence South 00 degrees 01 minutes 21 seconds East on said West line 327.00 feet; thence North 88 degrees 51 minutes 53 seconds East parallel with said South line 402.97 feet to the Westerly right of way line of the aforesaid service road; thence North 00 degrees 01 minutes 08 seconds East on said right of way line 327.01 feet to the place of beginning, containing 3.025 acres, more or less. and Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Commencing at the Southeast corner of the Northwest Quarter of Section 35, Township 18 North, Range 3 East; thence South 88 degrees 52 minutes 28 seconds West (assumed bearing) on the South line of said Northwest Quarter 1328.33 feet to the Southwest corner of the East Half of said Northwest Quarter, said corner being collinear and equidistant between said Southeast corner and the Southwest corner of said Northwest Quarter; thence North 00 degrees 01 minutes 09 seconds West 984.12 feet to the southeast corner of Lot Numbered 12 as recorded in the Plat of Williams Creek Farms, Instrument Number 357, Plat Book 8, pages 1 -3 in the Office of the Hamilton County Recorder also being the place of beginning of the real estate herein described; thence continuing North 00 degrees 01 minutes 09 seconds West along the West line of said Plat of Williams Creek Farms a distance of 749.00 feet to the northeast corner of Lot Numbered 10 in said Plat of Williams Creek Fanns; thence South 89 degrees 05 minutes 34 seconds West along the north line of said Lot Numbered 10 a distance of 258.63 feet to a point on a non tangent curve to the left with a radius of 81 0.00 feet, radius point being South 76 degrees 59 minutes 18 seconds East from said point; thence southerly along said curve a distance of 181.70 feet to a point being North 89 degrees 50 minutes 26 seconds West from said radius point; thence South 00 degrees 09 minutes 34 seconds East a distance of 574.36 feet to a point on the south line of said Lot Numbered 12; thence North 88 degrees 52 minutes 28 seconds East along said south line of Lot Numbered 12 a distance of 281.33 feet to the place of beginning, containing 4.805 acres, more or less and subject to rights -of -way and easements of record. 4 COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY AND DEVELOPMENT PLAN APPROVAL In accordance with I.C. §36 -7 -4 -613 and I.C. §36 -7 -4 -615, Meridian Medical Partners One, LLC and Meridian Medical Partners Two, LLC, the owners of the real estate located in Hamilton County, Indiana, which is described below, (the "Real Estate make the following COMMITMENTS concerning the use and development of the Real Estate. This Revised Statement of Commitments supplants and replaces those Commitments made under Docket Number 04050053 DP /ADLS and Ordinance Z- 459 -04. Legal Description of Real Estate: See Exhibit "A" attached. Statement of COMMITMENTS: REVISED STATEMENT OF COMMITMENTS 1. Lighting within the parking lots west of the buildings to be constructed upon the Real Estate "West Parking Lots shall be reduced by turning off the lights in the west two thirds (2/3) of the West Parking Lots (whether or not the West Parking Lots include real estate formerly comprising a part of Williams Creek Farms Subdivision) between the hours of 10:00 p.m. and 6:30 a.m. on weekdays (Monday through Friday) and 8:00 p.m. and 7:30 a.m. on Saturday and Sunday of each week "Restricted Hours 2. Any lighting which washes the west face of either of the buildings proposed to be constructed upon the Real Estate shall also be turned off during the Restricted Hours. This commitment shall not, however, restrict lighting under the porte cochere on the west side of either building, or any low level (not exceeding three feet (3') in height) lighting located within landscaped areas adjacent to the west side of either Building or within the landscape islands alternatively placed at the east end of the parking rows in the West Parking Lots. 3. Any light poles in any part of the West Parking Lots formerly comprising a part of Williams Creek Farms Subdivision, shall not exceed fifteen feet (15') in height (measured for purposes hereof at the central point of each pole). 4. No free standing cellular towers or other similar free standing towers shall be permitted to be constructed anywhere upon the real estate. 5. Directory and building identification signage at each entrance to the West Parking Lots off of Illinois Street shall be limited to low -level ground mounted signs a maximum of five feet (5') in height. A building tenant ground identification sign at the north entrance to the West Parking Lots shall be permitted but may not exceed eight (8) feet in height and no more than four (4) tenant panels. Any such ground signs shall be either internally illuminated or illuminated by lighting fixtures which are completely shielded, such signs to be located within a landscaped area at least equal to the total sign surface area of each such sign and to otherwise comply with the applicable provisions of the Cannel -Clay Zoning Ordinance. 6. All roof -top equipment shall be screened from view by a parapet wall or screen equal to or greater in height than equipment screened thereby. 7. Trash pickup from the Real Estate shall not occur before 7 :30 a.m. or after 6:30 p.m. on any weekday (Monday through Friday). Trash pickup shall not be permitted on Saturday or Sunday. 1 8. No above ground structures or improvements shall be permitted within any part of the development which was fotinerly a part of Williams Creek Farms Subdivision, except light poles, ground mounted directory, building and/or building— tenant identification signage otherwise permitted by these commitments, a parking lot, driveways, landscaping, drainage facilities, electrical panel boxes not exceeding five (5) feet in height, and drop -off boxes for mail pick -up and deliveries. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of these revised commitments by the Carmel Plan Commission, under docket number 08030037 CA, and shall continue in effect for as long as the above described Real Estate remains zoned to the B -6 Business District zoning classification or until such other time as may be specified herein. These COMMITMENTS may be enforced jointly or severally by: 1. The Carmel Plan Commission; 2. 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 the perimeter of the Real Estate; and 3. No others. The undersigned hereby authorizes the City of Carmel, Department of Community Services, to record these Commitments in the Office of the Recorder of Hamilton County, Indiana, upon final approval of docket number 08030037 CA. IN WITNESS WHEREOF, owners have executed this instrument this day of 2008. MERIDIAN MEDICAL PARTNERS ONE, LLC By: Title: By: Printed Signature MERIDIAN MEDICAL PARTNERS TWO, LLC Printed Signature 2 STATE OF INDIANA )SS: COUNTY OF HAMILTON My Commission Expires: My County of Residence: 1136766 Title: Before me, a Notary Public in and for said County and State, personally appeared David C. Campbell, by me known to be the Managing Agent of Meridian Medical Partners One, LLC, and Meridian Medical Partners Two, LLC, who acknowledged the execution of the foregoing "Revised Statement of Commitments" on behalf of said limited liability companies. WITNESS my hand and Notarial Seal this day of 2008. 3 Notary Public (Printed Signature) COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY AND DEVELOPMENT PLAN APPROVAL In accordance with I.C. §36 -7 -4 -613 and I.C. §36 -7 -4 -615, Mer-iiiianHCRI Carmel Building A Medical Partners OncFacility, LLC,. and Mer-idianHCRl Carmel Building B Medical Partners TwoFacility, LLC, the owners of the real estate located in Hamilton County, Indiana, which is described below, (the "Real Estate make the following COMMITMENTS concerning the use and development of the Real Estate. This 2n Revised Statement of Commitments supplants and replaces those Commitments made under Docket Number 04050053 DP /ADLS and Ordinance Z- 459 -04, as revised and restated under Docket Number 08030037 CA. Legal Description of Real Estate: See Exhibit "A" attached. Statement of COMMITMENTS: 2nd REVISED STATEMENT OF COMMITMENTS 1. Lighting within the parking lots west of the buildings to be constructed upon the Real Estate "West Parking Lots shall be reduced by turning off the lights in the west two thirds (2/3) of the West Parking Lots (whether or not the West Parking Lots include real estate formerly comprising a part of Williams Creek Farms Subdivision) between the hours of 10:00 p.m. and 6:30 a.m. on weekdays (Monday through Friday) and 8:00 p.m. and 7:30 a.m. on Saturday and Sunday of each week "Restricted Hours 2. Any lighting which washes the west face of either of the buildings proposed to be constructed upon the Real Estate shall also be turned off during the Restricted Hours. This commitment shall not, however, restrict lighting under the porte cochere on the west side of either building, or any low level (not exceeding three feet (3') in height) lighting located within landscaped areas adjacent to the west side of either Building or within the landscape islands alternatively placed at the east end of the parking rows in the West Parking Lots. 3. Any light poles in any part of the West Parking Lots formerly comprising a part of Williams Creek Farms Subdivision, shall not exceed fifteen feet (15') in height (measured for purposes hereof at the central point of each pole). 4. No free standing cellular towers or other similar free standing towers shall be permitted to be constructed anywhere upon the real estate. 5. Directory and building identification signage at each entrance to the West Parking Lots off of Illinois Street shall be limited to low -level ground mounted signs a maximum of lime fcct (5') in height. A building- tenant ground identification sign shall be permitted at the north entrance to the West Parking Lots and a building tenant around identification sign shall be permitted but may notat the south entrance to the West Parking Lots. Both signs shall not individuallvexceed eight (8) feet in height and neshall not individually have more than foureight (48) tenant panels per face. Any suchAll ground signs shall be either internally illuminated or illuminated by lighting fixtures which are completely shielded, such signs to be located within a landscaped area at least equal to the total sign surface area of each such sign and to otherwise comply with the applicable provisions of the Carmel -Clay Zoning Ordinance. 6. All roof -top equipment shall be screened from view by a parapet wall or screen equal to or greater in height than equipment screened thereby. 1 7. Trash pickup from the Real Estate shall not occur before 7:30 a.m. or after 6:30 p.m. on any weekday (Monday through Friday). Trash pickup shall not be permitted on Saturday or Sunday. 8. No above ground structures or improvements shall be permitted within any part of the development which was formerly a part of Williams Creek Farms Subdivision, except light poles, ground mounted directory, building and /or building tenant identification signage otherwise permitted by these commitments, a parking lot, driveways, landscaping, drainage facilities, electrical panel boxes not exceeding five (5) feet in height, and drop -off boxes for mail pick -up and deliveries. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of these 2n revised commitments by the Carmel Plan Commission, under docket number 0803003712040020 CA, and shall continue in effect for as long as the above described Real Estate remains zoned to the B -6 Business District zoning classification or until such other time as may be specified herein. These COMMITMENTS may be enforced jointly or severally by: 1. The Carmel Plan Commission; 2. 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 the perimeter of the Real Estate; and 3. No others. /Signatures on followin.gza e.1 2 The undersigned hereby authorizes the City of Carmel, Department of Community Services, to record these Commitments in the Office of the Recorder of Hamilton County, Indiana, upon final approval of docket number 0803003712040020 CA. IN WITNESS WHEREOF, owners have executed this instrument this day of ,20082012. STATE OF INDIANAFLORIDA) )SS: COUNTY OF HAMILTONPALM BEACH My Commission Expires: My County of Residence: MERIDIANHCRI CARMEL BUILDING A MEDICAL PARTNERS ONEFACILITY, LLC By: Title: MERIDIANHCRI CARMEL BUILDING B MEDICAL PARTNERS TWOFACILITY, LLC By: Title: Printed Signature Printed Signature Before me, a Notary Public in and for said County and State, personally appeared David C. Campbell by me known to be the M a i gt of McridianSenior Vice __g A _ter.gen. President of HCRI Carmel Building A Medical Partners OneFacility, LLC, and MeridianHCRI Carmel Building B Medical Partners TwoFacility, LLC, who acknowledged the execution of the foregoing "2 Revised Statement of Commitments" on behalf of said limited liability companies. WITNESS my hand and Notarial Seal this day of 200-82012 3 Notary Public (Printed Signature) EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Commencing at the Southeast corner of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East; thence North 00 degrees 02 minutes 42 seconds West (assumed bearing) on the East line of said Northwest Quarter 1968.00 feet; thence South 88 degrees 51 minutes 53 seconds West parallel with the South line of said Northwest Quarter 916.93 feet Deed (924.34 feet measured) to the Westerly right of way line of local service road #3 as per I.S.H.C. plans for Project No. STF -222 (9) dated 1973 for relocation of U.S. Highway #31 and the place of beginning of the real estate herein described; thence South 88 degrees 51 minutes 53 seconds West parallel with said South line 403.21 feet to the West line of the East Half of said Northwest Quarter; thence South 00 degrees 01 minutes 21 seconds East on said West line 327.00 feet; thence North 88 degrees 51 minutes 53 seconds East parallel with said South line 402.97 feet to the Westerly right of way line of the aforesaid service road; thence North 00 degrees 01 minutes 08 seconds East on said right of way line 327.01 feet to the place of beginning, containing 3.025 acres, more or less. and Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Commencing at the Southeast corner of the Northwest Quarter of Section 35, Township 18 North, Range 3 East; thence South 88 degrees 52 minutes 28 seconds West (assumed bearing) on the South line of said Northwest Quarter 1328.33 feet to the Southwest corner of the East Half of said Northwest Quarter, said corner being collinear and equidistant between said Southeast corner and the Southwest corner of said Northwest Quarter; thence North 00 degrees 01 minutes 09 seconds West 984.12 feet to the southeast corner of Lot Numbered 12 as recorded in the Plat of Williams Creek Farms, Instrument Number 357, Plat Book 8, pages 1 -3 in the Office of the Hamilton County Recorder also being the place of beginning of the real estate herein described; thence continuing North 00 degrees 01 minutes 09 seconds West along the West line of said Plat of Williams Creek Farms a distance of 749.00 feet to the northeast corner of Lot Numbered 10 in said Plat of Williams Creek Farms; thence South 89 degrees 05 minutes 34 seconds West along the north line of said Lot Numbered 10 a distance of 258.63 feet to a point on a non tangent curve to the left with a radius of 81 0.00 feet, radius point being South 76 degrees 59 minutes 18 seconds East from said point; thence southerly along said curve a distance of 181.70 feet to a point being North 89 degrees 50 minutes 26 seconds West from said radius point; thence South 00 degrees 09 minutes 34 seconds East a distance of 574.36 feet to a point on the south line of said Lot Numbered 12; thence North 88 degrees 52 minutes 28 seconds East along said south line of Lot Numbered 12 a distance of 281.33 feet to the place of beginning, containing 4.805 acres, more or less and subject to rights -of -way and easements of record. 4 COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY OR PLAN APPROVAL In accordance with I.C. 36 -7 -4 -613 or I.C. 36 -7 -4 -614, the owners of the real estate located in Hamilton County, Indiana, which is described below, makes the following COMMITMENTS concerning the use and development of the Real Estate: Legal Description: See Exhibit "A" attached. Statement of COMMITMENTS: STATEMENT OF COMMITMENTS 1. Lighting within the parking lots west of the buildings to be constructed upon the Real Estate "West Parking Lots shall be reduced by turning off the lights in the west two thirds (2/3) of the West Parking Lots (whether or not the West Parking Lots include real estate formerly comprising a part of Williams Creek Farms Subdivision) between the hours of 10:00 p.m. and 6:30 a.m. on weekdays (Monday through Friday) and 8:00 p.m. and 7:30 a.m. on Saturday and Sunday of each week "Restricted Hours 2. Any lighting which washes the west face of either of the buildings proposed to be constructed upon the Real Estate shall also be turned off during the Restricted Hours. This commitment shall not, however, restrict lighting under the porte cochere on the west side of either building, or any low -level (not exceeding three feet (3') in height) lighting located within landscaped areas adjacent to the west side of either Building or within the landscape islands alternatively placed at the east end of the parking rows in the West Parking Lots. 3. Any light poles in any part of the West Parking Lots formerly comprising a part of Williams Creek Farms Subdivision, shall not exceed fifteen feet (15') in height (measured for purposes hereof at the central point of each pole). 4. No free standing cellular towers or other similar free standing towers shall be permitted to be constructed anywhere upon the real estate. 5. Directory and building identification signage at each entrance to the West Parking Lots off of Illinois Street shall be limited to low -level ground mounted signs a maximum of five feet (5') in height which are either internally illuminated or illuminated by lighting fixtures which are completely shielded, such signs to be located within a landscaped area at least equal to the total sign surface area of each such sign and to otherwise comply with applicable Carmel -Clay Land Use Regulations. 6. All roof -top equipment shall be screened from view by a parapet wall or screen equal to or greater in height than equipment screened thereby. Z- 159 -04 5 7. Trash pickup from the Real Estate shall not occur before 7:30 a.m. or after 6:30 p.m. on any weekday (Monday through Friday). Trash pickup shall not be permitted on Saturday or Sunday. 8. No above- ground structures or improvements shall be permitted within any part of the development which was formerly a part of Williams Creek Farms Subdivision, except light poles, low -level ground mounted directory and/or building identification signage otherwise permitted by these commitments, a parking lot, driveways, landscaping, drainage facilities, electrical panel boxes not exceeding five (5) feet in height, and drop -off boxes for mail pick -up and deliveries. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the adoption of rezoning Ordinance No. Z- 459 -04 by the Carmel Common Council changing the zoning classification of the Real Estate from a S -2 Residence District and B -3 Business District zoning classification to a B -6 Business District zoning classification, and shall continue in effect for as long as the above described Real Estate remains zoned to the B -6 Business District zoning classification or until such other time as may be specified herein. These COMMITMENTS may be enforced jointly or severally by: 2. 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 the perimeter of the Real Estate; and, The undersigned hereby authorizes the City of Carmel, Department of Community Development, to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance No. Z- 459 -04. IN WITNESS WHEREOF, owners have executed this instrument this day of 2004. STATE OF INDIANA Z- 4S9 -04 1. The Carmel Plan Commission; 3. No others. 6 REGENCY REALTY By: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared duly authorized managing member of Regency Realty, and who, having been duly sworn, acknowledged the execution of the foregoing Statement of Commitments. Witness my hand and Notarial Seal this day of 2004. Notary Public Printed Name of Notary Public My Commission expires: My County of residence: STATE OF INDIANA COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared Edward Burns and Ann Burns, husband and wife, and as the Owners of a part of the Real Estate, after having been duly sworn, acknowledged the execution of the foregoing Statement of Commitments. Z- 459 -04 Notary Public SS: SS: Witness my hand and Notarial Seal this day of 2004. Printed Name of Notary Public My Commission expires: My County of residence: 7 Edward Burns Ann Burns STATE OF INDIANA COUNTY OF Z -459- 0 4 Notary Public SS: Printed Name of Notary Public My Commission expires: My County of residence: 8 Brice Guckien Noelle Guckien Before me, a Notary Public in and for said County and State, personally appeared Brice Guckien and Noelle Guckien, husband and wife, and as the Owners of a part of the Real Estate, after having been duly sworn, acknowledged the execution of the foregoing Statement of Commitments. Witness my hand and Notarial Seal this day of 2004. This instrument was prepared by Michael C. Cook, Attorney, One Indiana Square, Suite 1800, Indianapolis, Indiana 46204. Phone (317) 639 -6151, Fax (317) 639 -6444, e -mail mcook @woodmaclaw.com.