Browning Investment Rezone Application immediately east of Delta Faucet a-
BROWNING INVESTMENTS, INC.
REZONE APPLICATION
The application pertains to approximately twenty acres of undeveloped real
estate south of 111th Street and immediately east of the Delta Faucet
office building. A portion of the real estate lies within the Meridian
Corridor Overlay Zone.
The real estate is currently zoned R-1 and The Carmel Plan Commission and
the Carmel City Council are requested to rezone the parcel to the B-7
designation.
Development of the site will have a positive influence on the surrounding
properties. The requested zoning classification will provide control over
future development to The Carmel Plan Commission and an excellent
transition from the adjoining land uses in accordance with
well-established land use principles and will serve to assure the
continued high quality of development experienced in the Meridian Corridor.
10"..,.e./1 I
I I V f �� + # .,p
i .. 4 , ...1 • ' ‘
"iv'
0 ' ir
Pte'
'. I . V ‘Illi -----', : -.r .,- -..s- .4/ . ., '.
...li . ,y i^ •
r $.
W t;' ie".: , r i .
'
.�. ,c / �., P •r` - te- - -
* a
'`'{- 1P"'I
_•
�Id' • ---- 1.11'.- CC. .. 411p1I0 . .
- ' r
: C/ ii
` t it / N •1 /
•
iv '� - ..� 11'� , 7. , y 1 Na
rte. • M` ,. ` p. 7 e
' I. , ,,if,, -1,'a ''. 1 ,
j • • l�
: ' ,,, % 0.... ...„ r .,,,„AI,. •1' !
4164"'4.'... °';''' ' .
• '•r • '�.4.
_ Ori
• .1.14*Air.Y -w L 'lam •' ' - + •r• TI
•
I.
iirtis
V •4. . -it 'i; , if ,t,
•i t _ r 1 ate,- ' i . .r,-0 ii . M
k41,,,,* -....._ i • •
, , . .,. 41.
I .�, jam', h 1
•
t•...b. . , , .. ,,,,..f. Flie +
li
4 \\41.. $ i
I lill
•
COMMITMENTS CONCERNING THE DEVELOPMENT
AND USE OF REAL ESTATE
In accordance with Indiana Code Section 36-7-4-613, the
undersigned, Browning Investments, Inc. (hereafter "Developer") ,
the contract purchaser of the following described Real Estate
located in Hamilton County, Indiana (hereafter the "Real
Estate") , makes the following COMMITMENTS concerning improvements
to be made in conjunction with the use and development of the
Real Estate to the Carmel Plan Commission (hereafter
"Commission").
1 . Description of Real Estate.
See Exhibit A (Real Estate)
2. Docket No.
3. Statement of Commitments.
A. The Developer commits that notwithstanding the
permitted uses and special uses provided for in the
underlying zoning districts applicable to the Real
Estate, the uses defined as "Excluded Uses" under
Section 23.01-7 (United States Highway 31 Overlay Zone
- Effective Date, April 21 , 1980) of the Zoning
Ordinance of the City of Carmel, Indiana (Effective
Date, January, 1980) shall be prohibited on the Real
estate in the same manner as if the Real Estate were
actually located within the U.S. 31 Highway Overlay
Zone.
b. The Developer commits that a shopping center
as the same is commonly known, shall be prohibited on
the Real Estate.
c. The Developer commits that the landscaping
buffer along the south property line of the Real Estate
shall be 100 feet in width.
d. The Developer commits that the building height
of any building to be constructed on the Real Estate
shall not exceed 3 stories in height. For the purpose
of this commitment, building height shall mean:
"the vertical distance from the lot ground
level to the highest point of the roof fora
flat roof; to the deck line of the mansard
roof; and to the mean height between eaves
and ridges for gable, hip and gambrel roofs."
e. The Developer hereby commits to consent to the
-- annexation of the Real Estate to the City of Carmel.
4. Binding on Successors & Assigns: These commitments are
binding on the Developer 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.
5. Effective Date: The commitments contained herein shall
be effective upon the adoption of an ordinance by the Carmel City
Council changing the zoning classification of the real estate
described on Exhibit A from the R-1 Residence District to the B-7
Business District.
6. Recording: The undersigned hereby authorizes the
_ Director of Community Development or the Secretary of the Carmel
Plan Commission to record these commitments in the Office of the
11
/1 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
Carmel Plan Commission.
Executed this 18th day of December, 1987.
BROWNING INVESTMENTS, INC.
BY: �iyi/J ��/
F. R'cHAaD ReM6tucp
Ek[C4LTIUE VICE P12FMLA--
Printed Name and Title
STATE OF INDIANA )
SS:
tCOUNTY OF HAMILTON )
The undersigned, a Notary Public in and for said County and
State, acknowledged the execution of the foregoing by
, the of Browning Investments, Inc.
Witnesseth this 18th day of December, 1987.
Ri b rly Ear otary Pub
My Commission Expires: ^
March 2, 1989
Residing in Marion County
/I
/I
I
I
I
I
ai