HomeMy WebLinkAboutZ-668-21/Silvara PUD Rezone
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Sponsor: Councilor Rider
ORDINANCE NO. Z-668-21
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 Z-668-21 (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 favorable 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
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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
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
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EXHIBIT A| REAL ESTATE
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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
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EXHIBIT B
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EXHIBIT C
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EXHIBIT D
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EXHIBIT E
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EXHIBIT L
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Section 3. Adoption.
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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
Sue Finkham, President Kevin D. Rider, Vice-President
Laura D. Campbell H. Bruce Kimball
Jeff Worrell Anthony Green
Adam Aasen Timothy J. Hannon
Miles Nelson
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.
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