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HomeMy WebLinkAboutCovenant Attendant Rezoning Ordinance Cdots. ' S. , . , _ , ,- , Henke ' . h eeler . I- A77'O8RJSLV1C. �' ✓ .\ May 21, 2002 - n L_ , E.DAVIS COOrs* - F RECEIVED v,--- STEVEN H.HENKF. - —� IIi 23 �1� .� JAMES.K.WHEEL ER* DOCS �� V-, U J I T JAR CURS S ^.i, , :JAMES D..CRUM Jon Dobosiewicz i -/,v • Department of Community Services '{,-, ]EFFRI?.}'S.71PES* - \ �/j'... One Civil Square ELIZABETH I.VAN TASSEL Carmel, IN 46032 JANICE.R.MANDLA* • MA11FIEW L.HINKI,E - .. • RE:. CMC Properties.LLC/Our File No.: 13291 SENGHOR A.MANNS , - CH Land LLC/Our File No::'13664 . , - J.KATHRYN JENKINS - DANIEL E.Coo FS Dear Jon: ' *CERTIFIED MEDIATOR _ . Enclosed is a recorded copy of the Covenant Attendant Rezoning.Ordinance executed by CMC Properties that has just been returned.to our office by the . Hamilton County Recorder. As other recorded documents on this file become . available, I will forward copies to you. I also enclose the Covenant Attendant Rezoning Ordinance executed by . • CH Land LLC regarding their commitment as a condition to the rezone of CH Land's property. - - . Very truly yours, COOTS, HENKE& WHEELER, P.C, • . '`cc)29.6. - - . . . ' ' - E. Davis Coots • EDC:jlk . Enclosures • • 255 East Carmel Drive Carmel,Indiana 46032-2689 ' .317-844-4693 FAX:317-573-5385 xa, AUG-20-2001 MON 10:41 AM COOTS HENKE & WHEELER FAX N0, 3175735385 P. 02/02 • � ) Fill Filed 6)/ 3\ '/" Fi IL for Record in HAMILTON COUNTY, INDIANA '� MARY L CLARK COVENANT ATTENDANT 09-25-2001 i)c: ,0 pm. MISC 17.00 REZONING ORDINANCE CMC Properties covenants with the City of Cannel and the Carmel Clay Plan Commission that prior to improvements being constructed on the real estate described in Exhibit A attached hereto, the ingress and egress to the property shall be in conformity with plans approved by the Cannel City Engineer and in substantial conformity with the design attached hereto as Exhibit B. Following the construction of Meridian Corners Boulevard(Illinois Street), and the construction of CMC's improvements, the design of the ingress and egress may be changed by the City to be placed in alignment with the entrance to "The Parks" subdivision at covenator's expense. This covenant is conditioned upon passage by the Common Council of the City of Carmel of the rezone application pending changing the zone classification of the described property from the S-2 residential district classification to the B-5 district classification. IN WITNESS whereof the foregoing covenant has been executed this 69-0 day of (11—y 6a, , 2001. CMC Properties By: i,... Ar lames "b‘ STATE OF INDIANA ) )ss: COUNTY OF'14A-Pvt1•E i ) SUBSCRIBED AND SWORN to before me,Notary Public in and for said County and State this day of August, 2001. °, , ..••• A. • My commission expires: , ; Y�: 1 MICHELE PIERCE Notary Public, State of Ohio 14 09 _ My Cuno"iasion Expires Oct. zl, zp04 Nota ry ' .�• • Public ,• My County of Residence: CI Printed R:11 f 13C\cmcprd.wpd 13291 '.? DOCS J %MO' SETT BY SCii FIDE' ENGI`ER!NG i1- 2- U ; ',1' . (317;835-2803- 3175735385;# 2/ Schneider ZONING DESCRIPTION A part of Northwest Quarter of Section 26, Township 18 North, Range 3 East, Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the southeast corner of the Northwest Quarter of said Section 26; thence on an assumed bearing of South 88 degrees 29 minutes 07 seconds West along the south line of said Northwest Quarter a distance of 1125.87 to the point of beginning; thence continuing South 88 degrees 29 minutes 07 seconds West a distance of 243.05 feet thence North 01 degrees 30 minutes 53 seconds West a distance of 45.00 feet to the southeast corner of Lot 2 of I ne Parks at Springmill recorded in Plat cabinet 2. Slide 341 in the Office of the Recorder of Hamilton County, Indiana, said point also being a point on a non-tangent curve tc the right, the radius point of which bears South 75 degrees 38 minutes 30 seconds East a distance of 3036.83 feet thence northeasterly airing said cure and along the east line of said plat and along the southeasterly fine of land described in Instrument Number 94-13389, concentric with the northwesterly right-of-way line of U. S. Highway 31 (North Meridian Street), I. S. H. C: Frciect S. T. F. 222(9) 1973, an arc distance of 831.86 feet to a point which bears North 59 degrees 56 minutes 49 seconds West from said radius point thence South 61 degrees 53 minutes 05 seconds E3st a distance of 600.43 feet to the said northwesterly right-of-way line of U. S. Highway 31 said right of way line being a non-tangent curie to the left, the radius point of which bears South 59 degrees 28 minutes 10 seconds East a distance of 2436.83 feet; thence southwesterly along said right-of-way line and curve an arc distance of 472.80 feet to a point which bears Noith 70 degrees 35 minutes 10 seconds West from said radius point; thence South 80 degrees 56 minutes 59 seconds West along said right of way line a distance of 380.20 feet thence South 51 decrees 59 minutes 02 seconds West along said right of way line a distance of 31.10 feet thence South 01 degree 30 minutes 53 seconds East a distance of 15.50 feet to the beginning point, containing 9.42 acres, more or less. November 2.2000 1UNDYC;SUOBSL3k133571CA2`.docskRezcning Or��dac • EXI-a A: HE 3OH ElCER CORPORATION 4istanc:'oral ll.rric;un 390:Otis nwrnuc Inci wi ,iis.:nnrr.nn=.5211.1031 317-525- 1(X) Tdl fro,: rd%:1'-92(3--_CO www.3crtn aw 6r.:u r u.:om . Sponsor(s): Councilor Wayne Wilson ORDINANCE NO. Z-363-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA REZONING DISTRICT CLASSIFICATION Rezoning 9.42 acres at the Northwest Corner of 131'° Street and• U S. 31 fr'orn S-2 Residence District Classification to B-5 Business District Classification WHEREAS, The Carmel Clay Plan Commission has recommended the _rezoning of the real estate, the legal description of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section I: That the Official Zoning Map accompanying and made a part of the Zoning Ordinance is hereby changed to designate the following described real estate from the S-2.. Residence District Classification to the B-5 Business District Classification. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. (1 tt, PASSED by the Common Council of the City of Carmel, Indiana this :u day of /-71 /.• 1-F 2001, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL • residing Officer n'R. Koven ,.L.;d7 /(..A 4k K- 'Kirby, ' esident ro Tempore N. L. Ruz +le - Robert Battreall ' i ';- der ■ 1LS 41 Ud4: Sanj Ronald E. Carter Wayne Wils ,n R:\EDC\cmcpre.wpd SENT BY SCiENEICE'. ENGINE ILNG :11- U . 31. M . (31' 3°:�-'�3U�- 317573538:5;t: 2/ • Schneider ZONING DESCRIPTION • A part of Northwest Quarter of Section 26, Township 18 North, Range 3 East, Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the southeast corner of the Northwest Quarter of said Section 26; thence on an assumed bearing of South 88 degrees 29 minutes 07. seconds West along the south line of said Northwest Quarter a distance of 1125.87 to the point of beginning; thence continuing South 88 degrees 29 minutes 07 seconds West a distance of 243.05 feet; thence North 01 degrees 30 minutes 53 seconds West a distance of 45.00 feet to the southeast corner of Lot 2 of Tne Parks at Springmill recorded in Plat cabinet 2. Slide 341 in the Office of the Recorder of Hamilton County, Indiana, said point also being a point on a non-tangent curve to the right, the radius point of which bears South 75 degrees 38 minutes 30 seconds East a distance of 3036.83 feet thence northeasterly along said curve and along the east line of said plat and along the southeasterly line of land described in Instrument Number 94-13389, concentric with the northwesterly right-of-way line of U. S. Highway 31 (North Meridian Street), I. S. H. C: Project S. T. P. 222(9) 1973, an arc distance of 831.86 feet to a point which bears North 59 degrees 56 minutes 49 seconds West from said radius point; thence South 61 degrees 53 minutes 05 seconds East a distance of 600.43 feet to the said northwesterly right-pf-way line of U. S. Highway 31 said right of way line being a non-tangent curve to the left, the radius point of which bears South 59 degrees 28 minutes 10 seconds East a distance of 2436.83 feet;thence southwesterly along said right-of-way line and curve an arc distance of 472.80 feet to a point which bears North 70 decrees 35 minutes 10 seconds West from said radius point; thence South 80 degrees 56 minutes 59 seconds West along said right of way line a distance of 380.20 feet thence South 51 degrees 59 minutes 02 seconds West along said right of way line a distance of 31.10 feet; thence South 01 degree 30 minutes 53 seconds East a distance of 16.50 feet to the beginning point, containing 9.42 acres, more or less. November 2 2000 \\INDYC:SUO8S131633571,Co2\do tRezcning Oesc.doc Exhibit A to Ordinance No. Z-363-01 ?IE 34 HP 3DER CORPORATION 4iswnc`ori!WM:wn S90::. Avenue inciunaoai5.:nrrrnn 62_t.1037 317-625-i100 Tod Rcc300-S9$- :c Pax:31?2a--2Co wnr.sc.1newer.ura..vm June 19,2001 Carmel/Clay Plan Commission Agenda CARMEL/CLAY PLAN COMMISSION June 19, 2001- DEPARTMENT REPORT 2i. Docket No. 186-00 Z; DePauw Rezone Petitioner seeks favorable recommendation of a rezone from the S-2/residence district to the B5/business district on 1.87± acres. The site is located northwest of West 131St Street and North Meridian Street. The site is zoned S-2/residence. Filed by E. Davis Coots of Coots Henke&Wheeler for CH Land LLC. 3i. Docket No. 187-00 Z; DePauw Rezone Petitioner seeks favorable recommendation of a rezone from the S-2/residence district to the B-5/business district on 9.42± acres. The site is located northwest of West 131St Street and North Meridian Street. The site is zoned S-2/residence within the US 31/Meridian Street Overlay Zone. Filed by E. Davis Coots of Coots Henke&Wheeler for CMC Properties,Inc. The Special Studies committee voted 5-2 to recommend approval of the Rezone applications of CMC and CH Land to the full Plan Commission. However,the DePauw petition remains tabled. The recommendation came back to the Plan Commission with conditions that the applicant construct the entrance in accordance with the rendering prepared by the City Engineer and that as before the applicant would be committing to the filing of future ADLS petitions on both tracts. Please find attached a copy of the intersection layout explored with the City Engineer. It is based on this "understanding" that the Department recommends that the Plan Commission forward the CMC and CH Land petitions (187-00 Z and 186-00 Z respectively) on to the City Council. However,the Department would like to see language regarding the intersection improvements and understanding as well as the future commitment to ADLS addressed in the form of a commitment or preferably contained within the rezone ordinance itself. The Plan Commission should remember that their capacity in this matter is in forwarding a recommendation to the City Council. The applicant should be prepared to offer this information to the Commission Tuesday evening. The Department would like to see this information prior to the meeting and have advised the petitioner of this. In addition the Department will make the Council aware our concerns regarding the nexus between the DePauw parcel and the granting of the rezone for the CMC petition. DePauw is the owner of the parent tract of real estate for both petitions. Ultimately this request will be in front to the City Council and the Department needs to see that they have all of the available information concerning the petitions including the recommendation from the Plan Commission. Page 6 ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417 Coots Henke &TWheeler , ATTORNEYS AT LAW PC -cT Rule 6,2001 ;® E.DAVIS COOTS* /`/T �. STEVEN H.HENKE ����/'co . . JAMES K.WHEELER* Jon Dobosiewicz C 0 g Department of Community Services S 0� T.JAYGURTS One Civil Square JAMES D.CRUM Carmel, IN 46032 9 JEFFREY S.ZIPES ' ELIZABETH I.VAN TASSEL JANICE R MANDLA* RE:': CMC Properties LLC . Our File No.: 13291 MATTHEW L.HINKLE . SENGHOR A.MANNS . J.KATHRYN JENKINS Dear Jon:• . DANIEL E.COOTS *CER7IFIED.MEDIATOR This letter is to confirm the action of the Special Study Committee of the Plan Commission approving the rezone application filed on behalf of CH Land, LLC and CMC Properties, LLC referring those two (2) applications to the Plan Commission with a positive recommendation. The approval by the committee was conditioned upon the development including the entrance to the property. from Meridian Corners Boulevard as depicted in the drawing prepared by Kate Weiss, a copy attached to this letter. We would ask that this matter be presented to the full Plan Commission for vote on the rezone applications at the June 19,2001 meeting. Very truly yours, ' COOTS,HENKE &'WHEELER, P:C, E. Davis Coots EDC:wlt Enclosure . cc: Leo Dierckman Craig Kaiser Greg Land S 255 East Carmel.Drive Carmel,Indiana 46032-2689 317-844-4693 FAX:317-573-5385