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Home My WebLink AboutZ-332 10520 N. Jessup Blvd./ Home Place ZoningORDINANCE NO. Z-332 AN ORDINANCE AMENDING'ZONING ORDINANCE NO. Z-289, AS AMENDED AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. Z-289, AS AMENDED, OF THE CITY OF CARMEL AND CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT ZONING ORDINANCE NO. Z-259, AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: That the Zone Map accompanying and made a part of Zoning Ordinance Z-289, as amended, is amended to reclassify from the R-3 Residence District Classification to the B-1 Business District Classification the real estate legally described as Lots 247 and 248 in Orin Jessup Land Company's Second Addition to Home Place, the plat of which is recorded in Deed Book 106, page 5, in the Office of the Recorder of Hamilton County, Indiana. The above-described real estate is commonly known as 10520 North Jessup Boulevard, Indianapolis, Indiana. This ordinance shall be in full force and effect from and after its passage. PASSED by the Common Council of the City of Carmel, Indiana, on the 1st day of March, 1999, by a vote of -~ ayes and ~ nays. COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA siding Officer Kevin Kirby Luc~der, Pres[-dent4/ I I J~Guy Mill~ Robert Battreall Rorf~ld E. Carter N.L. Rundle /' \ '~ ~3~l~alker ATTEST: Diana L. Cordray, IAMC, ~er~-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana, the Ist day of March, 1999. Diana L. Cordray, IAMC, Approved by me, Mayor of the City of Carmel, India, this Ist day of March, 1999. fnes C. Brainard, Mayor ATTES~ Diana L. Cordray, IAMC, Cle~"-Treasurer This Instrument Prepared by: James J. Nelson NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 Indianapolis, IN 46280 PETITION TO CBANGE ZONING ORDINAN~I~, ...... ,. NOTICE: This Application must be t3,pew~tten, accompanied by the info~~n the instruction sheet attached herewith, and filed by the legal owners of fifty percentum (50%) or more of the real estate in the area involved in this petition by the first of the month. Name of'Applicants: Allen FI. Weihe Address of Applicant: 10505 College Avenue, Indianapolis, IN 46280 Name of Owner: Same as Applicants Address: Same as above PremisesAffected, Street&No. /c~-~ ~/~u~. ~.~. ~z~/n,.~;~.,~.s : /~ ~/~z~ac) ' Between North College Avenue and McPherson Street Lot Nos. 247 and 248 in Orin lessup Land Company's Second Addition to Home Place Metes and Bounds Description: Not applicable Plot Size: See Exhibit"A" Fronting on 105~ Street Date Property was Purchased: Januap/14, 1997 Nature & Size of Improvement Now Existing on Plot: Unoccupied Fiouse Approximate Cost of Proposed Improvement: To be determined PRESENT ZONING: R-3 Residence District REQUESTED ZONING: B-1 Business District Attach on a separate sheet, a detailed description of change applied for, specifying whether R~zoning and/or Amendment or Supplement to the resolutions of the Master Plan Zoning Ordinance Revised January 21, 1980. The above information, to my knowledge and belief; is true and correct. APPLICANTS AND OWNERS: Allen H. Weihe Michael L./D[Bo~ COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE ALLEN H. WEIRE and MICRAEL L. DEBOY (jointly hereafter "Owner"), make the following Commitments to the Carmel Plan Commission (hereafter, "Commission"). Description Of Real Estate: Lots 247 and 248 in Orin Jessup Land Company's Second Addition to Home Place (hereafter, "Real Estate"). 2. Docket No. Executed this Statement o~' Commitments A. Owner commits that the Real Estate shall be used as a parking lot serving the Office Building commonly known as 10505 North College Avenue, Indianapolis, Indiana, or for professional office, general office, or office building uses. Binding on Successors andAssigns. These Commitments are binding on the Owner 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 heating after notice as provided by the rules of' the Commission. Effective Date. The Commitments contained herein shall be effective upon the adoption of an Ordinance reclassifying the Real Estate to the B-1 Business District Classification. Recording. The undersigned hereby authorizes the Secretary of the Commission to record these Commitments in the Office of the Recorder of Hamilton County, Indiana, upon the granting of the approvals referred to in paragraph 5, above. Enforcement. These Commitments may be enforced by the Commission and the City of Carmel, Indiana. o~ ~'' day of 1998. Allen H. Weihe Michael L. DeBoy Q~ JAMF~ J. NELSON CHARLES D. FRANK~NBERGER JAMES E. Sm3/AVER LAWRENCI~ J. KI~MPER of counsel JANE B. MERRILL To The Members of the Carmel City NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATFORNEYS-AT-LAW Re: Proposed Ordinance No. Z-332 Real Estate at 10520 North Jessup Boulevard, Indianapolis, IN Date of Public Hearing - February 1, 1999 Dear Members: On February 1, 1999, Allen Weihe and Mike DeBoy will present to the Council for public hearing and consideration proposed Ordinance Z-332 ("Ordinance"). The Ordinance, upon adoption, would reclassify from the R-3 Residence District Classification to the B-1 Business District Classification the one-third (1/3) acre parcel of real estate commonly known as 10520 North Jessup Boulevard (the "Real Estate"), subject to the Commitments Concerning the Use and Development of Real Estate. The Real Estate will be used as a parking area for the expanded business needs of Weihe Engineers, Inc. located at 10505 North College Avenue. The Ordinance is forwarded to the Council upon the unanimous favorable recommendation of the Carmel Plan Commission. Notice of Public Hearing was published in the Noblesville Daily Ledger on January 22, 1999, and certification of such publication will be forwarded to the Office of the Clerk-Treasurer upon receipt. In anticipation of the Public Hearing, please find enclosed for your review the following: 2. 3. 4. Aerial photograph; Site Plan, as approved by the Technical Advisory Committee; Commitments Concerning the Use and Development of Real Estate; and Proposed Ordinance No. Z-332. I look forward to seeing you on February 1", and thank you for your service to the community. Kindest regards, J. Nelson JJN.h JAMES J. NELSON CHARLF~ D. FRANKENBERGFAI JAME~ E. SH1NAVER LAWRENCE J. KEMPER of counsel JANE B. MERRILL NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW January 25, 1999 3021 EAST 98th STRUT StrCl~ 220 ~I)IANAI~OLIS, LNDIANA 46280 31%844-0106 FAX: 317-846-8782 To The Members of the Carmel City Council: Re: Proposed Ordinance No. Z-332 Real Estate at 10520 North Jessup Boulevard, Indianapolis, IN Date of Public Hearing - February 1, 1999 Dear Members: On February 1, 1999, Allen Weihe and Mike DeBoy will present to the Council for public hearing and consideration proposed Ordinance Z-332 ("Ordinance"). The Ordinance, upon adoption, would reclassify from the R-3 Residence District Classification to the B-I Business District Classification the one-third (1/3) acre parcel of real estate commonly known as 10520 North Jessup Boulevard (the "Real Estate"), subject to the Commitments Concerning the Use and Development of Real Estate. The Real Estate will be used as a parking area for the expanded business needs of Weihe Engineers, Inc. located at 10505 North College Avenue. The Ordinance is forwarded to the Council upon the unanimous favorable recommendation of the Carmel Plan Commission. Notice of Public Hearing was published in the Noblesville Daily Ledger on January 22, 1999, and certification of such publication will be forwarded to the Office of the Clerk-Treasurer upon receipt. In anticipation of the Public Hearing, please find enclosed for your review the following: 2. 3. 4. Aerial photograph; Site Plan, as approved by the Technical Advisory Committee; Commitments Concerning the Use and Development of Real Estate; and Proposed Ordinance No. Z-332. I look forward to seeing you on February 1~t, and thank you for your service to the community. Kindest regards, . J. Nelson JJN,h CERTIFICATION OF PLAN COMMISSION'S RECOMMENDATION ON ORDINANCE TO CHANGE THE OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TOWNSHIP PURSUANT TO INDIANA CODE 36-7-4-605 To~ The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application for Allen H. Weihe and Mike DeBoy, filed by Jim Nelson of Nelson and Frankenberger, (copy attached) petitioning the Commission to rezone the following real estate located in. Hamilton County, Indianapolis, Indiana, to-wit: Lots 247 and 248 in Orin Jessup Land Company's Second Addition to Home Place, Indianapolis, Hamilton County, Indiana, commonly known as 10520 Jessup Boulevard, a/k/a Union Traction Boulevard, from Zone Classification R-3/Residence District to B-l/Business District. The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is FAVORABLE. At its regularly scheduled meeting of January 19, 1999, the Carmel/Clay Plan Commission approved the requested Rezone together with certain Commitments Concerning The Use and Development of Real Estate, copy also attached, by a vote of 15 in favor, none opposed. R,~hon'a Hancock; Secretary DATED: January 25, 1999 CARMEL/CLAY PLAN COMMISSION "3 BY: · Dave cremeans, ~Pre;ident JAN 2 5 1999