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Home My WebLink AboutPacket 3-15-05Bingham a t t o r n e y S McHale a t l.a w LL? Request for Amendment to ECLIPSE REAL ESTATE By Steven D. Hardin, Esq. 970 Logan Street Noblesville, IN 46060 317.776.8668 binghammchale.com 1.26 Acres +/- Northeast Corner of 116th Street and Keystone Docket No. 05010030 CA Submitted for March 15, 2005 Plan Commission Public Hearing 116TH & KEYSTONE SHOPS By Steven D. Hardin, Esq. Request for Amendment to Commitments 1.26 Acres +/- Northeast Corner of 116th Street and Keystone Avenue TABLE OF CONTENTS Tab I ............. Statement of Purpose Tab 2 ............. Aerial Location Map Tab 3 ............. Landscaping/Buffer Plan Tab 4 ............. Building Elevation (front) Tab 5 ............. Proposed Commitments, as Amended 1 16TM AND KEYSTONE SHOPS STATEMENT OF PURPOSE - AMENDED COMMITMENTS On November 16, 2004, the Carmel Plan Commission unanimously approved the Development Plan and Architectural Design, Lighting and Signage proposals submitted by Eclipse Real Estate, Inc. ("Eclipse") for its proposed development located on the northeast corner of 116th Street and Keystone Avenue, as reflected in the Aerial Location Map attached at Tab 2. This redevelopment proposal includes a 1.260 +/- acre parcel that is zoned B-3 and located within the U.S. 431 Overlay Zone. Eclipse proposes to develop a 7,350 square foot building on the project site with significantly enhanced landscaping and building architecture as illustrated at Tabs 3 and 4, respectively. As part of its Development Plan, Eclipse submitted certain Commitments Concerning the Use and Development of Real Estate (the "Commitments") for the proposed development. In the Commitments, Eclipse agreed to limit the times during which deliveries to the Real Estate could occur, and that deliveries would be permitted after 6'00 a.m. and until 10:00 p.m..each day. After approval of the Development Plan, Eclipse, as part of its ongoing negotiations with Starbucks, learned that Starbucks requires the ability to have up to one delivery between 10'00 p.m. and 6'00 a.m. each day. In this filing, Eclipse is requesting that the Carmel Plan Commission approve amended Commitments Concerning the Use and Development of Real Estate in the form attached under Tab 5 (the "Amended Commitments"). Eclipse proposes two amendments to the Commitments as identified by the highlighted text at Tab 5. Specifically, the two proposed amendments are as follows: , ,, Up to one delivery for Starbucks would be permitted through the front entrance of the Starbucks store (facing Keystone Avenue) between 10:00 p.m. and 6:00 a.m.; and The amendment procedure has been modified to comply with the provisions of the Carmel ordinance regarding commitment amendments. With respect to the first requested amendment, this one after hours delivery would be specifically limited to the front of the Starbucks store, facing Keystone Avenue, and adequate screening and buffering will be in place around the perimeter of the site (see proposed landscaping buffer at Tab 3 and proposed fence at Tab 5, Exhibit B). Additionally, the proposed commercial structure, itself, will function as a significant buffer. Therefore, any disruption to adjoining property owners to the North and East of the proposed development from this one after hours delivery will be minimized. Eclipse has discussed this proposal with the Carmel planning staff and understands that the Carmel planning staff has no objection to the proposed Amended Page 1 of 2 Commitments. This proposal also received a unanimous favorable recommendation from the Special Studies Committee at its March 1, 2005 meeting. Given the limited nature of the proposed amendments to the Commitments and the quality and design of the proposed site improvements, Eclipse respectfully requests that the Carmel Plan Commission grant final approval to the Amended Commitments. Thank you for your consideration. Page 2 of 2 ll6TH AND KEYSTONE SHOPS AERIAL LOCATION MAP IF THIS SHEET TO BE I PURPOSES ONLY. FOR ~ [ SITE LAYOUT i COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Eclipse Real Estate, Inc. (the "Developer") makes the following commitments (the "Commitments") to the Carmel Clay Plan Commission (the "Commission") regarding the use and development of the following described real estate (the "Real Estate") located in Hamilton County, Indiana' Section 1. Description of Real Estate: See Exhibit A attached hereto. Section 2. Docket No.: 04060033 DP/ADLS Section 3. Statement of Commitments: A. Fencing/Buffering: o The Developer agrees to install a decorative fence on the Real Estate along the north and east property lines of the Real Estate (the "New Fence"). . The New Fence shall be constructed in accordance with Exhibit B attached hereto and shall be at least as high as the existing fence located on the Maples of Carmel property along the north and east sides of the Real Estate (the "Old Fence"). The height of the New Fence shall be measured at the New Fence's highest point. 3. The New Fence shall be constructed at the time the Real Estate is redeveloped. e At the written request of the Maples of Carmel Property Owners Association (the "Maples POA"), as long as the request is received within six (6) months after the effective date of these Commitments, the Developer agrees to remove the Old Fence at the Developer's expense. 5. The wooden portions of the New Fence shall be double-paneled so as to create a double thickness of wood fencing between each masonry fence pylon. 6. At the written request of the Maples POA, as long as the request is received within six (6) months after the effective date of these Commitments, the Developer agrees to install 8' Colorado Spruce trees (the "Trees") along the north and east sides of the New FenCe on the Maples of Carmel property. 7. The Trees shall be installed in substamial compliance with the illustration included at Exhibit C. 8. The Trees shall be owned and maintained by the owner of the real estate on which the trees are planted. 9. The Trees shall be installed at the time the Real Estate is redeveloped. B. Hours of Operation' o The Developer agrees to limit the hours of operation of the retail uses on the Real Estate. Retail uses shall be permitted to be open for business after 6:00 a.m. and until 10:00 p.m. each day. e The Developer agrees to limit the times during which deliveries to the uses on the Real Estate may occur. Deliveries shall be permitted after 6'00 a.m. and until 10:00 p.m~ each day. ~'~®~ o The Developer agrees to limit the times during which trash pickup on the Real Estate may occur. Trash pickup shall be permitted after 6:00 a.m. and until 10:00 p.m. each day. C. Dumpster Enclosure and Site Lighting: o The Developer agrees to construct a dumpster enclosure in the northeast comer of the Real Estate (the "Enclosure"). e The Enclosure shall be constructed in substantial compliance with the illustration included at Exhibit D. o The opening of the Enclosure shall be oriented to the southwest (i.e., toward the intersection of 116th Street and Keystone Avenue) at an angle in substantial compliance with the illustration included at Exhibit C. , The Developer agrees to comply with the lighting plan attached hereto as Exhibit E. Section 4. Site Design. The setbacks and general site layout on the Real Estate shall substantially comply with the site plan illustration included at Exhibit F. Section 5. ,, Binding Effect Ao These Commitments are binding upon the Developer, each subsequent owner of the Real Estate and each other person acquiring an interest in the Real Estate, unless modified or terminated. Bo These Commitments may be modified or terminated only by a decision of the Carmel ~~lii~~ following a public hearing held by the Carmel Plan Commission wherein Commission's roles. notice has been given as provided by the Plan Section 6. Effective Date · The Commitments contained herein shall be effective upon approval of the Developer's development plan ("DP") and architectural design, lighting and signage ("ADLS") proposals by the Carmel Plan Commission, identified as Carmel Docket No. 04060033 DP/ADLS and any other necessary approvals. Section 7. ,,,, Recording The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the Office of the Recorder of Hamilton County, Indiana. Section 8. Enforcement These Commitments may be enforced by the Carmel-Clay Plan Commission, the City Council of Carmel, Indiana and the Maples POA. IN WITNESS WHEREOF, Eclipse Real Estate, Inc., an Indiana corporation, has caused this Commitment to be executed as of the day of ., 200~. Eclipse Real Estate, Inc. By: STATE OF INDIANA COUNTY OF ) ) ss. ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared ., of Eclipse Real Estate, Inc., who having been duly sworn acknowledged the execution of the foregoing Commitments. Witness my hand and Notarial Seal this day of ., 200~. My Commission Expires: Notary Public Printed Residing in County Prepared by: Steven D. Hardin, Attorney at Law, Bingham McHale, LLP, 970 Logan Street, Noblesville, 1N 46060, (317) 776-8650. EXHIBIT A LEGAL DESCRIPTION Part of the Southeast Quarter of Section 31, Township 18 North, Range 4 East, Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the South line of said ¼ Section; distant 1263.95 feet, measured South 89 degrees 50 minutes 55 seconds West along said South line from the Southeast corner of said ¼ Section; running thence South 89 degrees' 50 minutes 55 seconds West and along said South line 325.0 feet to the center line of New State Road No. 431; thence North 0 degree 15 minutes 05 seconds West and along said center line 39.10 feet to the P.C. of a curve to the right, said curve having a radius of 19098.91 feet and a delta angle of 5 degrees 35 minutes 30 seconds; thence northerly along said curve and along the center line of said Road 250.90 feet; thence North 89 degrees 50 minutes 55 seconds East parallel with the South line of said ¼ Section 323.85 feet; thence South 0 degree 09 minutes 05 seconds East 290.00 feet to the point of beginning. (Instrument #9809812751) rtl i, L; ./ mis SHEET TO BE USED FOR LANDSCAPE 'l Pt~POSES"ONLY. FOR ANY OmER INFORMAllON SEE I L__ __ __ S~___~ LAYOUT__.PLAN__~ SHEEI C__101=__ __ __.j SC, ALE: ~/'32" = !'- " m X EXHIBIT E .... ._- ..., EXHIBIT F . .. . · 7,3~ SC. F~, ~ - 1~0,17 PAl) B_FV = m9,50