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Home My WebLink AboutPacket for PC 05-18-21 Supplemental P a g e | 1 V e r s i o n | 05.12.21 Sponsor: Councilor __________ ORDINANCE NO._Z-___-__ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING REAL ESTATE TO SILVARA PUD DISTRICT AND AMENDING THE SILVARA PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE Synopsis: This Ordinance Number _-___-__ (the “Ordinance”) rezones 0.50 acre from S-1 Residential to the Silvara PUD District and amends the existing Silvara PUD District Ordinance by adding that 0.50 acre into the district and modifying the exhibits to depict the inclusion of the real estate. Said acreage is located generally adjacent to the northern edge of Northvale at Jackson’s Grant. WHEREAS, Section 9.05 of the City of Carmel Unified Development Ordinance Z-625- 17 (the "UDO") provides for the establishment of a Planned Unit Development District in accordance with Indiana Code §36-7-4-1500 et seq.; and WHEREAS, on December 5, 2011, the City Council approved the Silvara PUD Ordinance Z-553-11 and established the Silvara PUD District; and WHEREAS, on July 20, 2020, the City Council approved an amendment to the Silvara PUD Ordinance and a modification to the conditions of the Silvara PUD Ordinance Z-652-20; and WHEREAS, the Silvara development now is known as “Jackson’s Grant”; and WHEREAS, a home builder and the developer of Jackson’s Grant have requested that the City Council approve a rezone and an amendment to the Silvara PUD Ordinance to allow the addition of certain real estate located in the City of Carmel, Hamilton County, Indiana, as legally described and depicted in Exhibit A attached hereto (the “Real Estate”) into the Silvara PUD District; and WHEREAS, the Plan Commission of the City of Carmel (the "Plan Commission") conducted a public hearing on docket numbers PZ-2021-00065 OA and PZ-2021-00066 Z at its May 18, 2021, meeting as required by law; and WHEREAS, the Plan Commission sent a _________ recommendation relating to docket numbers PZ-2021-00065 OA and PZ-2021-00066 Z to the City Council; NOW, THEREFORE BE IT ORDAINED by the City Council that, pursuant to Indiana Code §36-7-4-1500 et seq., (i) it hereby adopts this Ordinance as an amendment to the Official Zoning Map and an amendment to the Silvara PUD Ordinance, (ii) all parts of prior ordinances inconsistent with any provision of this Ordinance and its exhibits are hereby inapplicable to the use and development of the Real Estate, (iii) all prior zoning commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by the Silvara P a g e | 2 V e r s i o n | 05.12.21 PUD Ordinance, and (iv) this Ordinance shall be in full force and effect from and after its passage and signing. Section 1. Applicability of Ordinance. 1.1 The Official Zoning Map of the City of Carmel, Indiana, a part of the UDO, is hereby changed to designate the Real Estate as a part of the Silvara PUD District. 1.2 This Ordinance accomplishes the following; (i) rezones the Real Estate from S-1 Residential to the Silvara PUD District; and (ii) amends the Silvara PUD Ordinance exhibits to depict the inclusion of the additional Real Estate. 1.3 Development on the Real Estate shall be governed entirely by (i) the provisions of the Silvara PUD Ordinance, as amended, and its exhibits, as amended, and (ii) those provisions of the UDO specifically referenced in the Silvara PUD Ordinance. 1.4 All provisions and representations of the UDO that conflict with the provisions of the Silvara PUD Ordinance are hereby rescinded as applied to the Real Estate and shall be superseded by the terms of the Silvara PUD Ordinance. Section 2. Schedule of Amended Exhibits. All of the exhibits on the following pages are attached to this Ordinance, are incorporated by reference into this Ordinance, and are part of this Ordinance. Exhibit A Real Estate Exhibit B Planning Area Map Exhibit C Conceptual Plan Exhibit D Open Space Plan Exhibit E Connectivity Plan Exhibit L Perimeter Lot Exhibit E X H I B I T A | R E A L E S T A T E P a g e | 3 V e r s i o n | 05.12.21 Legal Description Additional Real Estate Part of the Northeast Quarter of the Northeast Quarter of Section 34, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Beginning at the Northwest corner of the said Quarter Quarter Section; thence North 89 degrees 14 minutes 10 seconds East along the North line of the said Quarter Quarter Section, also being the South line of Springmill Streams – Section Two, as per plat thereof, recorded in Plat Book 11, pages 31 and 32 in the Office of the Recorder of Hamilton County, Indiana, 218.17 feet to the Southeast corner of Lot 36 in said Springmill Streams – Section Two; thence South 00 degrees 07 minutes 22 seconds East parallel with the West line of the said Quarter Quarter Section 100.00 feet; thence south 89 degrees 14 minutes 10 seconds West parallel with the North line of the said Quarter Quarter Section 218.17 feet to the West line of the said Quarter Quarter Section; thence North 00 degrees 07 minutes 22 seconds West along the said West line 100.00 feet to the point of beginning, containing 0.50 acres, more or less. Legal Depiction Additional Real Estate E X H I B I T B P a g e | 4 V e r s i o n | 05.12.21 E X H I B I T C P a g e | 5 V e r s i o n | 05.12.21 E X H I B I T D P a g e | 6 V e r s i o n | 05.12.21 E X H I B I T E P a g e | 7 V e r s i o n | 05.12.21 E X H I B I T L P a g e | 8 V e r s i o n | 05.12.21 1 P a g e | 9 V e r s i o n | 05.12.21 Section 3. Adoption. This Ordinance shall be effective upon its passage by the Council, in accordance with Indiana Code 36-4-6 et seq. ADOPTED by the Common Council of the City of Carmel, Indiana, this _____ day of __________, 2021, by a vote of ______ ayes and _______ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Laura D. Campbell, President H. Bruce Kimball Sue Finkam, Vice-President Miles Nelson Adam Aasen Kevin D. Rider Anthony Green Jeff Worrell Timothy J. Hannon ATTEST Sue Wolfgang, Clerk I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law: Mark R. Leach. This Instrument prepared by: Mark R. Leach, Land Use Planner, Faegre Drinker Biddle & Reath LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 46240.