HomeMy WebLinkAboutZ-600-15 (Soori) Sent back to PC see attached Resolution ED-15-1 7
Sponsor(s):Councilors Finkam,Rider,Seidensticker and Snyder
ORDINANCE Z-600-15
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL,INDIANA i
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Rezoning 0.33 Acres in the Old Town Carmel Arts &Design Dist' \-/ s' thig of
two recorded lots; 321 W. Main Street (Lot 1), and, 0 W Main S?*"tt g,l 2),
from R-2 Residential District Classification in the Old Town 0 rr ' D istrff+-Character
Subarea to B-5 Business District Classific i• D•
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WHEREAS,pursuant to I.C. 36-7-4-602, the Cornmo 2u Of the City of Carmel,
Indiana,has lawfully adopted a Zoning Ordinance, the ternft, iE are applicable to the
geographic area consisting of the incorporated area of t16,e C' armel, Indiana, and the
unincorporated area of Clay Township, Hamilton Co ndi a, which Zoning Ordinance has
been codified in Chapter 10 of the Carmel City Co d, 0
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WHEREAS,pursuant to the I.C. 36-7- , thQ Common Council of the City of Carmel,
Indiana is authorized to amend the map that the Zoning Ordinance; and,
WHEREAS, the Carmel Plan om�s ' has rendered Recommendation"
� s",�n d a "Favorable Recommendation
regarding the request to rezone certa egl , ,•erty,per Docket No. 14100008 Z; the legal
descriptions for the real estate are ; 74-reto and incorporated herein by reference as '
Exhibit "A".
NOW, THEREF 0 '.. ,B 4ORDAINED by the Common Council of the City of
Carmel, Indiana, as fol ow . bi =
Section I: The ofEl .ning Map accompanying and made part of the Zoning Ordinance is
hereby amende to h.nge the zoning classification of the Real Estate from the R-2 Residential
zoning classi i io t, Old Town Overlay Zone District Character Sub-area to the B-5 Business
zoning cl s i 'on.
Sectiok II: Al prior Ordinances or parts thereof inconsistent with any provision of this
C are hereby repealed. .
t',o n III: This Ordinance shall be in full force and effect from and after its passage and
i'i ing by the Mayor.
2/3/2015
Ordinance Z-600-15
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Ordinance Z-600-15 PASSED by the Common Council of the City of Carmel, Indiana
this day of , 2015, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer Kevin D. Rider
Richard L. Sharp, President Pro Tempore Carol Schleif
Ronald E. Carter W. Eric Seidensticker
Sue Finkam Luci Snyder
ATTEST:
Diana L. Cordray,IAMC, Clerk-Treasurer
2/3/2015
Ordinance Z-600-15
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Ordinance Z-600-15 Presented by me to the Mayor of the City of Carmel, Indiana this
day of , 2015, at _.M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-600-15 Approved by me, Mayor of the City of Carmel, Indiana, this
day of , 2015, at _.M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by: Soori Ardalan,owner
preparation assistance by Carmel DOCS
2/3/2015
Ordinance Z-600-15
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EXHIBIT A
LEGAL DESCRIPTION-Lot 1
Tax Parcel No. 16-09-2546-01-002.000
A part of the Southeast Quarter of Section 25,Township 18, Range 3 East, Hamilton County,
State of Indiana,more particularly described as: 321 W. Main Street, 0.24 acres
LEGAL DESCRIPTION-Lot 2
Tax Parcel No. 16-09-25-16-01-003.001
A part of the Southeast Quarter of Section 25, Township 18, Range 3 East, Hamilton County,
State of Indiana, more particularly described as: 0 W. Main Street, 0.09 acres
2/3/2015
Ordinance Z-600-15
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Ordinance Z-6
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COMMITMENTS CONCERNING THE DEVELOPMENT
AND USE OF REAL ESTATE
In accordance with Section 31.06.05 of the Carmel Zoning Ordinance, Abdolaziz M. and
Masoomeh Ardalan, the owners of the real estate, located in Carmel, Hamilton County, Indiana,
make the following commitments concerning the development and use of the Real Estate to the .
Common Council of the City of Carmel, Indiana("Council").
Section 1. Description of Real Estate.
See Exhibit A, Ordinance Z-600-15.
Section 2. These Commitments are made in connection with approvals obtained under
Ordinance No. Z-600-15, approved by the Council on, , 2015.
Section 3. Definitions. The following definition shall apply throughout these Commitments:
1. 1. Owner. The term "Owner" shall mean and refer to Abdolaziz M. and
Masoomeh
Ardalan and their successors and assigns.
2. Real Estate. The term"Real Estate" shall mean Parcel 1 &Parcel 2, collectively,
further defined in Exhibit A, Ordinance Z-600-15.
Section 4. Statement of Commitment.
The Owner agrees and commits to the following:
1. 1. ' The design and construction of the Real Estate shall allow access from
Parcel 2 (via Third Avenue SW) only, and further commits to full closure and
removal of the Main Street driveway of Parcel 1.
2. The design and construction of new buildings on the Real Estate shall be per the
Old Town Overlay Zone District Guidelines in 23D.03.03.B, Main Street District
Sub-Area.
Section 5. Binding on Successors &Assigns: These Commitments are binding on the
• Owners 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 Council. The
• Commitments may be modified or terminated only by a decision of the Council made at a public
hearing after notice has been provided pursuant to the rules of the Council.
Section 6. Effective Date: The Commitments shall become effective upon the approval by the
Common Council of the City of Carmel, Indiana of Ordinance Z-600-15.
Section 7. Recording: The Owner shall record this instrument in the Office of the
Recorder of Hamilton County, Indiana; and will provide copies of the recorded Commitment to
the Clerk-Treasurer of the City of Carmel and to the Secretary of the Carmel Plan Commission.
Section 8. Enforcement: The City of Carmel Department of Community Services and the
Carmel Plan Commission may enforce these Commitments.
By:
•
Abdolaziz M. Ardalan Masoomeh Ardalan
STATE OF INDIANA )
) SS:
COUNTY OF HAMIL TON )
Before me, a Notary Public, in and for said County and State,personally appeared Abdolaziz M.
and Masoomeh Ardalan, Indianapolis, Indiana, and acknowledged execution of the foregoing
Instrument.
Witness my hand and Notarial Seal this day of , 2015.
Notary Public Printed Name
My Commission Expires:
Residing in County
File No: 18091
• EXHIBIT A
Parcel 1:
A part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton
County, Indiana, bounded as follows:
Beginning at a point 63.0 feet East of the Northwest corner of said East Half, run thence East on the North
line of said East Half 65.5 feet, thence South parallel with the West line of said East Half 151 feet thence
West 65.5 feet, thence North 151 feet to the place of beginning, containing 0.23 acre, more or less.
EXCEPTING:
A part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the
Second Principal Meridian in Clay Township, Hamilton County, Indiana and being all that part of the grantor's
land, as described in a Warranty Deed recorded Deed Record 195, page 256 in the Office of the Recorder of
the County and State aforesaid, lying within the Right of Way lines depicted on the attached Right of Way
Parcel Plat, marked Exhibit B described as follows:
Commencing at the Northwest corner of said East Half Quarter Section designated point"54" on said Right of
Way Parcel Plat; thence North 89 degrees 52 minutes 35 seconds East (basis of bearings is the North line of
said East Half Quarter Section as depicted on a certain Location Control Route Survey Plat, recorded as
Instrument Number 200500058840 in the Office of said Recorder) 63.00 feet along the North line of said East
Half Quarter Section to the Northwest corner of said grantor designated point"5026" on said Right of Way
Parcel Plat; thence South 00 degrees 52 minutes 49 seconds West 25.00 feet along the West line of said
grantor point "5017" as designated on said Right of Way Parcel Plat and the point of beginning; thence North
89 degrees 52 minutes 35 seconds East parallel with said North line 65.52 feet to the East line of said grantor
designated point"5000" on said Right of Way Parcel Plat; thence South 00 degrees 52 minutes 49 seconds
West 7.00 feet along said East line to point"5046" as designated on said Right of Way Parcel Plat; thence
South 89 degrees 52 minutes 35 seconds West 12.72 feet to point"5047" as designated on said Right of
Way Parcel Plat; thence South 81 degrees 20 minutes 44 seconds West 20.22 feet to point"5048" as
designated on said Right of Way Parcel Plat; thence South 89 degrees 52 minutes 35 seconds West 32.85
feet to said West line designated point"5049" on said Right of Way Parcel Plat; thence North 00 degrees 52
minutes 49 seconds East 10.00 feet along said West line to the point of beginning, containing 587.27 square
feet more or less.
Parcel 2:
A part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Northwest corner of said Half Quarter Section; thence North 90 degrees 00 minutes 00
seconds East (Assumed), along the North line of said Half Quarter Section, 128.5 feet; thence South 01
degree 01 minute 34 seconds West 105.50 feet to the point of beginning; thence North 90 degrees 00
minutes 00 seconds East, parallel to said North line, 66.00 feet; thence South 01 degree 01 minute 34
seconds West 60.50 feet; thence South 90 degrees 00 minutes 00 seconds West, parallel with said North
line, 66.00 feet; thence North 01 degree 01 minute 34 seconds East 60.50 feet to the point of beginning,
containing, 0.092 acres, more or less.
Note: The acreage and square footage is included above for descriptive purposes only. The policy, when
issued, should not be construed as to insuring the amount of acreage and square footage contained therein.
ALTA Commitment-Schedule A Page 2 of 5
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
1015 JAN 28 AXVOLIMNT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-600-15
321 W. Main Street Rezone
Rezone two parcels from R-2 to B-5
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket
No. 14100008—Rezone two parcels from R-2 to B-5).
The Carmel Plan Commission's recommendation on the petition of the applicant is
`Favorable."
At its regularly scheduled meeting of January 20, 2015, the Carmel Plan Commission
voted Seven (7) in Favor, Two (2) Opposed, Two (2) Absent, to forward to the Common
Council the proposed Ordinance No. Z-600-15 with a"Favorable Recommendation".
Please be advised that by virtue of the Plan Commission's Favorable Recommendation,
pursuant to IC 36-7-4-608(f), the Council has ninety (90) days to act on this petition
before it becomes effective as Certified by the Commission. Ninety days from the date of
the Certification is Tuesday, April 28, 2015.
CARMEL PLAN COMMISSION
BY: SSWi - Q S.+1-0-VA qlf,I
Steven R. Stromquist, President
ATTEST:
U164 inVLo
Lisa Motz, Secretary
Carmel Plan Commission
Dated: January 28, 2015
Resolution No. EC- ) J 1
A RESOLUTION OF THE EXECUTIVE COMMITTEE OF THE CARMEL
PLAN COMMISSION REGARDING THE RECALL OF THE COMMISSION'S
RECOMMENDATION REGARDING PROPOSED REZONING ORDINANCE
NO. Z-600-15 FROM THE COMMON COUNCIL OF THE CITY OF CARMEL
WHEREAS, the Carmel.Plan Commission was previously established by
ordinance as the plan commission for the City of Cannel;
WHEREAS, the Cannel Plan Commission is currently functioning as a municipal
plan commission under the Advisory Planning Law of the State of Indiana(Indiana Code
§§36-7-4-100 et seq.);
WHEREAS, in its capacity as the duly established plan commission for the City
of Cannel, the Cannel Plan Commission previously conducted a public hearing regarding
a proposed ordinance rezoning certain real property within the City consisting of two
recorded lots and commonly known as 321 West Main Street from the R-2 Residential
District Classification in the Old Town Overlay District-Character Subarea to the B-5
Business District Classification;
WHEREAS, the Cannel Plan Commission subsequently forwarded said proposed
ordinance to the Common Council of the City of Cannel, Indiana, captioned as
Ordinance No Z-600-15, with a favorable recommendation;however,it has now come to
the attention of the members of the Executive Committee of the Plan Commission that
not all required notices as duly specified under the Rules of Procedure of the Plan
Commission were provided to interested members of the public;
WHEREAS,pursuant to Indiana Code §36-7-4-604 due notice to all interested
parties shall be given at least ten(10) days before the date set for the public hearing
before the Plan Commission;
WHEREAS, inasmuch as the mandatory public hearing by the Plan Commission
was not held in accordance with state law and the Commission's Rules of Procedure, the
Executive Committee of the Plan Commission, acting pursuant to its authority under
Indiana Code §36-7-4-408,hereby wishes to rescind the Commission's recommendation
regarding said proposed ordinance and accordingly recall said ordinance from the
Common Council in order that a proper public hearing may be held before said ordinance
is duly considered by the Common Council;
NOW, THEREFORE, BE IT RESOLVED by the Executive Committee of the
Cannel Plan Commission, acting pursuant to Indiana Code §36-7-4-408 in the name of
the municipal plan commission for the City of Cannel, Indiana, that:
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Section One: That the Plan Commission's favorable recommendation regarding
proposed Ordinance No. Z-600-15 is hereby rescinded. •
Section Two: That the Plan Commission hereby notifies the Common Council of
the City of Carmel that it wishes to recall its previous certification of the said Ordinance,
No. Z-600-15, to the Council.
Section Three: The staff of the Department of Community Services is hereby
directed to file a copy of this Resolution with the Clerk-Treasurer of the City of Cannel,
on or before the time of the next meeting of the Common Council, and to request that the
Clerk-Treasurer communicate to the Council that the Council be requested to promptly
return said Ordinance No. Z-600-15 to the Plan Commission in order that a proper public
hearing may be held by the Plan Commission before the Council undertakes its
consideration of said Ordinance No. Z-600-15.
Section Four: The staff of the Department of Community Services is hereby
directed to report, on or after March 1, 2015, to the Plan Commission as to the filings and
communications that it makes pursuant to this Resolution.
RESOLVED THIS 16TH DAY OF FEBRUARY,2015.
EXECUTIVE COMMITTEE OF THE CARMEL PLAN COMMISSION
Steven . Stromquist
Chairperson, Executive Committe of the Cannel Plan Commission
l
Date: l-l� 1 1
;1 1 Mai—)-6
Lisa Motz, Secretary
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