HomeMy WebLinkAboutCommitments - Duke Construction DUKE CONSTRUCTION COMMITMENTS
ATTENDANT TO
DOCKET NO. 04050028DP/ADLS'
WEST CARMEL MARKETPLACE DEVELOPMENT PLAN AND
Conditioned on Plan Commission approval of Docket No. 04050028DP/ADLS (West
Carmel Marketplace), the Petitioner Duke Construction Limited Partnership sets forth to the
following commitments to be made as part of the Development Plan and ADLS Approval. In
addition to the commitments contained in the Application and Plans and Specifications submitted
in support of the Application, Petitioner commits to the following:
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Anchor tenant wall signage shall be limited to the colors of white, blue, green or
bronze, such signage not to exceed 225 square feet and letters no larger than 4
feet. All wall signs for the B Shop buildings will be white face-lit signs with dark
bronze returns and shall comply with ordinance size standards. Wall signs
oriented to Commerce Drive, Retail Parkway, and 99th Street shall be prohibited.
Window signs shall be prohibited. All ground signs shall consist of white or
bronze lettering on a cream opaque background. No tenant shall be listed on
more than one (1) ground sign. Ground signs at Retail Parkway/Michigan Road
and 99th Street/Michigan Road shall be limited to 245 square feet, with a
maximum height of 14' 10". The ground sign at Retail Parkway/Commerce Drive
shall be limited to 53 square feet, with a maximum height of 7'9". No single
tenant shall occupy more than 50% of sign type "A" (ground signs at Retail
Parkway/Michigan Road and at 99th StreeffMichigan Road).
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All buildings within the development, including Block G, shall follow the
architectural theme established in the building elevations submitted under date of
September 9, 2004.
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Landscaping plantings along the common property lines with Ashbrooke, Spring
Arbor and North Augusta neighborhoods shall be installed as shown on the
Landscape Plan submitted under date of September 9, 2004.
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Additionally, as to the Ashbrooke neighborhood association ("Ashbrooke)'
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Petitioner shall provide reimbursement to Ashbrooke for a fence if
approved (a variance is necessary) in the Ashbrooke common area along
Commerce Drive of wood board on board at an approximate length of 500
feet, in addition to additional funds agreed upon between Petitioner and
the Ashbrooke B6ard for landscaping. Alternatively, if the variance for
the fence is not approved, Petitioner shall pay Ashbrooke an amount equal
to the fence estimate approved by the parties, such funds to be used for
landscaping in the Ashbrooke common area.
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Additionally, six evergreen trees (a variety of to be chosen by Petitioner of
Norway Spruce, White Spruce, White Fir, or Eastern Red Cedar, at agreed
upon locations where existing foliage is most sparse), shall be paid for and
planted by Petitioner to screen the homeowners whose rear yard .abut
Petitioner's northern most retention pond east of Commerce Drive.
Regarding the Spring Arbor neighborhood, in addition to the Landscape Plan as
submitted, Petitioner and the Spring Arbor Board have agreed that Petitioner will
fund additional landscaping at the perimeter of the detention area abutting Spring
Arbor. Specifically, Petitioner will plant a variety of tree species chosn from
Norway Spruce, White Spruce, White Fir, or Eastern Red Cedar. Thirty-two such
trees will be planted on the Petitioner's detention area abutting Spring Arbor
where existing foliage is the most sparse in consultation with the Spring Arbor
Board at the time of planting. Additionally, with the remaining funds as agreed,
additional trees of the same species will be purchased by Petitioner to be planted
within the Spring Arbor common area abutting the detention area of the project.
The size, number and responsibility for planting will be determined by
maximizing the value in consultation with Spring Arbor Board.
Regarding the North Augusta neighborhood, Petitioner will plant the plantings
indicated on Landscape Plan with the focus being on construction of a consistent
and material landscape buffer and screening between the project and North
Augusta.
Petitioner agrees that, in consideration of the Plan Commission recommending to
the Board of Zoning Appeals that a variance of the requirement restricting access
to Michigan Road be granted, the curb cut connecting 99th Street to Michigan
Road will not be opened until site plan approval of Block G is obtained from the
Commission. Until the curb cut between 99th Street and Michigan Road is open,
Petitioner's sole access to Michigan Road be limited to a fight in/fight out curb
cut as shown on the site plan. Additionally, Petitioner will dedicate all necessary
fight-of-way relative to 99th Street and a portion of Commerce Drive extension
consistent with the Memorandum of Understanding between Petitioner, and it will
work with INDOT on Michigan Road design in accordance with its requirements.
These commitments are binding on the owner of the real estate and each
subsequent owner of the real estate and persons acquiring interest in the real
estate following approval of the pending applications unless the commitments are
modified or terminated by the governmental authority authorized to make such
modification.
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10.
The undersigned agrees to record these commitments in the Office of the
Recorder of Hamilton County, Indiana upon granting of the approval of the
applications.
These commitments may be enforced by the Carmel Clay Board of Zoning
Appeals and/or the City of Carmel, Indiana Planning Commission.
Executed this ~/,~L-day of September, 2004.
DUKE CONSTRUCTION LIMITED
PARTNERSHIP
By:
Duke Realty Corporation, its general partner
By: Cynthia'J.~ S~embre~ '
Senior Vice President, Retail Operations
898122.4
STATE OF INDIANA )
)SS-
COUNTY OF ~a.,~-,o )
Before me, a Notary Public in and for said County and State, personallY appeared
Cynthia J. Schembre and acknowledged the execution of the foregoing by and on behalf of Duke
Realty Corporation, the general partner of Duke Construction Limited Partnership.
Witness my hand and Notarial Seal, the ,,1/~Z' day of September, 2004.
Notary Public- Signature
k,',. o/~ ~.
Notary Public - Printed
My Commission Expires:
My County of Residence:
This instrument prepared by Mary E. Solada, Attorney at Law. Bingham McHale LLP, 2700
Market Tower, 10 West Market Street, Indianapolis, Indiana 46204-2982.
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