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Home My WebLink AboutCommitments NELSON FRANKENBERGER A PROFESSIONAL CORPORATION r, ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EASr 98th S ± .:; , ..` CHARLES D.FRANKENBERGER M,5_ , JAMES E. SUINAVER SUITE 220 ::<^;:. • LAWRENCE J. KEMPER 317-84-0106,Ixtitnw►462$0 317-844-0106 of counsel FAX:317-846-8782 JANE B. MERRILL December 8, 1995 Mr. David Cunningham Department of Community Development One Civic Square Carmel, Indiana 46032 Re: Rezone Application of Leeper Electric Service, Inc. Docket No. 92-95-Z Dear Dave: Please find enclosed Commitments Concerning the Use and Development of Real Estate executed by the Applicant on December 7, 1995 ("Commitments"). These Commitments replace and supersede the Commitments dated November 2, 1995, and include, as additional excluded uses, Restaurant - Fast Food Operations, and Shooting Gallery. Please also find enclosed for filing a copy of the Recommended Land Use Map ("Map") which was distributed to the Special Study Committee on December 5, 1995. The Map establishes that the real estate adjacent to U.S. 31 and within the U.S. 31 Overlay Zone and identified by the color purple is recommended for Regional Commercial/Office uses ("RCO"). The RCO designation was added in 1991 to indicate areas where development of regional retail and office development is appropriate. Finally, also find enclosed a copy of the Official Zone Map ("Zone Map") for the part of Clay Township lying nearest U.S. 31. The Zone Map establishes that the B-2 and B-3 Business District Classifications exist today in the U.S. 31 Overlay Zone. These two classifications are commonly associated with retail uses, and one of the parcels so dedicated is adjacent to the real estate involved. At the Special Study Committee, certain representatives of the St. Christopher Episcopal Church expressed concerns regarding the landscape buffer existing along the east property line between the real estate and the Church. As you know, the U.S. 31 Overlay Zone provides for a four-foot perimeter landscape easement, and the plan as submitted complies with such provision. However, in order to mitigate the stated concerns and to indicate his willingness to be a good neighbor, Mr. Leeper has expanded the landscape buffer along the east property line - David D. Cunningham December 8, 1995 Page 2 Re: Leeper Electric Service, Inc. from four feet to thirty feet. Please find enclosed a drawing so establishing the thirty-foot landscape buffer, as well as representative plant material which is intended. Obviously, the species of plant material and other features of the landscape plan will be reviewed again by the staff and the Plan Commission at such time as the detailed plans are completed and are presented for ADLS/DP review. If you should have any questions, please call. Thank you, and With kindest regards, NELSON & FRANKENBERGER Janrfes J. Nelsi3n JJN.lh CC: Ramona Hancock Members of the Plan Commission NELSON FRANKENBERGER A PROFESSIONAL CORPORATION i NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98th STREET CHARLES D.FRANKENBERGER SurrE 220 JAMES E. SHINAVER INDIANAPOLIS,INDIANA 46280 LAWRENCE J. KEMPER 317-844-0106 of counsel FAX: 317-846-8782 JANE B.MERRILL October 27, 1995 Mr. David Cunningham Department of Community Development One Civic Square Carmel, Indiana 46032 Dear Dave: In connection with the rezone application of Leeper Electric Service, Inc., filed with the Department of Community Development under Docket No. 92-95-Z, please find enclosed Commitments Concerning The Use of Real Estate which have been forwarded to Robert B. Leeper for execution as President of the Applicant. Should you have any questions, please call. Thank you, and With kindest regards, tSON :. FRANKENBERGER ames J. Nels JJN.lh Encl. COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Leeper Electric Service, Inc., an Indiana corporation (hereafter, "Owner"), makes the following Commitments to the Carmel Plan Commission (hereafter, "Commission"). 1. Description of Real Estate: See Exhibit "A" ("Real Estate") 2. Docket No. 92-95-Z 3. Statement of Commitments A. Owner commits that the uses described on Exhibit B shall be prohibited on the Real Estate. 4. Binding on Successors and Assigns. These commitments are binding on the Owner of the Real Estate, each subsequent Owner of the Real Estate, and each other person acquiring an interest in 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, except that these Commitments shall automatically terminate upon the subsequent reclassification of the Real Estate on the Official Zone Map. 5. Effective Date. The commitments contained herein shall be effective upon the adoption of an Ordinance by the Carmel City Council reclassifying the Real Estate from the S-2 Residence District Classification to the B-1 Business District Classification. 6. Recording. The undersigned hereby authorizes the Secretary of the Commission to record these commitments in the Office of the Recorder of Hamilton County, Indiana, upon the granting of the approvals referred to in paragraph 5, above. 7. Enforcement. These commitments may be enforced by the Commission and the City of Carmel, Indiana. } S. Compliance Confirmation. The Director of the Department of Community Development, Carmel, Indiana, shall, when requested by the Owner, give written assurance, in letter form, that the Owner has or has not complied with these commitments. Executed this day of, 1995. LEEPER ELECTRIC SERVICE, INC. By: Robert Leeper, President STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) BEFORE ME, a Notary Public in and for said County and State, personally appeared Robert Leeper, the President of Leeper Electric Service, Inc., who acknowledged the execution of the foregoing Commitments on behalf of said corporation. WITNESS my hand and Notarial Seal this day of , 1995. Notary Public, State of Indiana Residing in County My Commission Expires This Instrument Prepared By: James J. Nelson NELSON & FRANKENBERGER 3021 East 98th Street Suite 220 Indianapolis, Indiana 46280 EXI11B1T "A" Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North, Range Three (3) East in Hamilton County, Indiana, described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereof a distance of 712.35 feet to a point on the easterly limited access right of way line for U.S. Highway 31 (North Meridian Street), said point being on a curve having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 16 minutes 25 seconds East; thence southwesterly along the curve of said right of way line an arc distance of 765.78 feet to a point which bears North 67 degrees 42 minutes 40 seconds West from said radius point; thence continuing along said right of way line South 54 degrees 45 minutes 59 seconds East a distance of 107.61 feet; thence South 01 degrees 30 minutes 53 seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07 seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the Beginning Point, containing 4.066 acres, more or less. Exhibit B Auction Room Automobile\Mobile Home Sales Automobile Service Station Automobile\Truck Repair Billiard Parlor Boarding House Boat Sales Bowling Alley Carnivals, Fairs, Circuses, Etc. Car Wash Cemetery Church, Temple, Place of Worship Club or Lodge Private Cold Storage Locker. Contractor Shop, Specialized Country Club Dance Hall Dwelling, Multiple Family Dwelling, Single Family Dwelling, Two Family Farm Implement Sales Feed Store Fraternity or Sorority Fuel or Ice Sales Golf Course Grain Elevator Gunsmith Helicopter\Airplane Facilities Home Occupation Hotel\Motel Indoor Theater Industrial Uses, Heavy Industrial Uses, Light Junk Yard\Salvage Yard Kennel, Commercial Kennel, Residential Lumber\Yard Materials Machine Shop Mineral Extraction, Borrow Pit, Et Mobile Home Court Mobile Home(s) (permenant uses) Monument Sales Mortuary\Crematory Motor Bus\Railroad Passenger Station • Outdoor Theater Penal or Correctional Institution Photo Pick-Up Station Race Track Raising Non-Farm Animals & Fowl Recreational Facility Recreational Vehicle Sales Riding Stables Roadside Sales Stand Sanitary Landfill\Refuse Dump Self-Service Laundry Sewage\Garbage Disposal Plant Sheet Metal Shop Skating Rink Stadium\Coliseum Tavern\Night Club Tennis\Raquetball Facility Transportation Facilities (rel. to) Transportation Facilities (not rel.) Water Management\Use Facilities Water Treatment\Storage Welding Shop