HomeMy WebLinkAboutApplicationConn, Angelina V
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Conn, Angelina V
Wednesday, January 19, 2005 9:15 AM
Babbitt, Pamela A; 'mskelton@binghammchale.com'
Pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A;
Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C; Brennan, Kevin S; Mindham, Daren;
Conn, Angelina V; Morrissey, Phyllis G; Griffin, Matt L; 'wmbraman@binghammchale.com'
Docket No. Assignment:(CA) 116th/Keystone Retail Shops (#05010030 CA)
Pam,
I have e-mailed this to the petitioner identified below and updated the file. I have issued the necessary Docket
Number for (CA) 116th/Keystone Retail Shops. It is the following'
Docket No. 05010030 CA
$1 ,O3O.0O
Total Fee: $1,030.00
Docket No. 05010030 CA: 116th/Keystone Retail Shops
The petitioner proposes revised commitment amendment text.
The site is located at the northeast corner of 116th St. and Keystone Ave.
The site is zoned B-3 within the US 431 Overlay Zone.
Filed by M~[i-~Ke~un,-of Bingham McHale for Eclipse Real Estate.
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, January 21, 2005. Published
notice is required within the Indianapolis Star.
3. Proof of Notice will need to be received by this Department no later than Noon, Friday, February 11,
2005. Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission
Secretary Ramona Hancock no later than Noon, Friday, February 4, 2005. Failure to submit
Informational Packets by this time will result in the tabling of the petition to the Tuesday, March 15, 2005,
agenda of the Plan Commission.
5. The Item will appear on the February 15, 2005, agenda of the Plan Commission under (Public
Hearings).
6. The Item may also appear on the March 1, 2005, agenda of the Plan Commission Special Studies
Committee.
PETITIONER: refer to your instruction sheet for more detail.
~an be reached at 776-8668 (Fax.~) with this information.
Thank you,
Angie ~
Bingham ® McHale.,.
attorneys at [aw
Steven D. Hardin
Attorney
970 Logan Street
Noblesville, Indiana 46060
binghammchale.com
Phone 3 ! 7.776.8668
Direct 317.776.8650
Fax 317.776.8651
shardin @ binghammchale.corn
Bingharn ® McHale...
attorneys at taw
William M. Brama.
Attorney
2700 Market Tower
10 West Market Street
Indianapolis, Indiana 462044900
binghammchale.com
Phone 317.635.8900
Fax 317.236.9907
wmbraman @binghammchale.com
COMMITMENT AMENDMENT ~ '~;?~ %%%~%~]
Petition to modify Commitments made in a previous petition to chang~..~-t~ 3~1~\ % ~i.;i
Official Zoning Map as incorporated into the Carmel/Clay Zoning Ordi~'~e ,~';
APPROVAL APPLICATION
Fee: $1,030.00
Date: January 18, 2005
Docket No.'
· Name of Owner:
Eclipse Real Estate, Inc.
by Steven D. Hardin, Esq.
· Owner's Address
970 Logan Street
Noblesville, IN 46060
· City, State, ZIP
'Phone No.: (317) 776- 8650
Fax No. (317) 776- 8657
· 'Record of O,amership: Deed Book:
Page: Purchase Date:
· Legal. Description (Use additional page[s] if necessary): SEE ATTACHED
· Common Address of Property Involved (or General 'Description if no Address Exists):
Northeast corner of 116th Street and Keystone Avenue
· Detailed Description of the 'Modification of Commitments requested:
Change in permitted delivery time (see attached)
AFFIDAVIT
(I/We), being duly sworn, depose and say that (I/We) (am/are) the (ov~er(s)) of Fifty Percent (50%) or more of the
property involved in this application and'that the tbregoing signatures, statements, and answers herein contained and the
information herewith submitted are in all respects tree and correct to the best of (my or our) knowledge and belief.
Signature
Eclipse Real Estate, Inc. by Steven D. Hardin, Esq.
(typed or printed)
970 Logan Street, Noblesville, IN 46060
Address
Signature
(typed or printed)
Address
City, State, ZIP
City, State, ZIP
The applicant, correspondent, or agent (if different from owner or owners)
Steven D. Hardin, Esq
Name Name
(317) 776-8650
Telephone Telephone
January 18, 2005
Date Date
State of Indiana )
) SS:
County of Hamilton )
Before me the undersigned, a Notary Public for
Hamilton County
(officer's county of residence)
County, State of Indiana, personally appeared
acknowledged the execution of the foregoing instrument this
January ,20 05.
Steven D. Hardin
(name of person(s))
18th
ommission expires:
_ . I t ~~"N =AITHI~W S. $Kt'LToN, AICP
(printed or typed) ~ ~ corniness
' ~ ~ ~0, [xpire,: Sep. 30, 2011
day of
and
Z:\docs\shared\FORMS\PC .Applications - current\Commitment .Amend.doc 'Revised 01/04/05
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.
,
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.
o
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.
o
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 substantial compliance with the illustration
included at Exhibit C.
o
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:
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.
,
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. UP to:one delivery for starbucks C°ffee shall be pertained
t~ough the from entrance ~of the :St~bucks Coffee store between 10:00 P.m. and
6:00: a.~:m:.
,
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:
The Developer agrees to construct a dumpster enclosure in the northeast comer of
the Real Estate (the "Enclosure").
2. 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.
4. 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
mo
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 Plan commission following a public hearing held by the Carmel Plan
Commission wherein
Commission's rules.
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, IN 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 lA 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)
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT F
7O'
7,350 S.F,
F.f'. [LEV = 820.17
PAl) El. Er =~ 819.50