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Home My WebLink AboutZ-350 Rezone 1011 N. Guilford RoadORDINANCE NO. Z-350 AN ORDINANCE AMENDING ZONING ORDINANCE NO. Z-160, AS AMENDED AN ORDINANCE AMEN DING THE ZONING ORDINANCE NO. Z- 160, AS AMENDED, OF THE CITY OF CARMEL, AND CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA CZon'mg Ordinance") BE IT ORDA1NED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT THE ZONING ORDINANCE AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: 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 R~ 1 Residence District Classification to the B-6 Business District Classification: A pan of the Southwest Quarter of Section 36, Township 18 North, Range 3 East, described as follows: Begin at a poim 66.0 feet west and 475.0 feet south of the Northwest comer of the East Half of the southwest Quarter of Section 36, Township 18 North, Range 3 East, thence east 727 feet to an iron stake in the fence, said point being 475.9 feet south of the North line of said Southwest Quarter, thence south on and along a fence line 302.0 feet to an iron stake, thence westerly 729.4 feet to a point, with the intersection of a line 660 feet west of the west line of said East Half, thence northerly on and along said line 296.4 feet to place of beginning, containing 5.0 acres more or less including to the center of the Road. The Real Estate is located at 1011 S. Guilford, Carreel, Indiana. This OreFinance shall be in full force and effect from and after its passage. PASSED by the Common Council of the City of Cannel, Infftana this 2 1~ day of August, 2000 by a vote of ~7 ayes and % nays. Wayne . Wds n ATTEST: ~~ , ~ Di~a L. Cordray, 1AMC,~7 Approved by me, Mayor of the Ci~ of Camel, Indi~a, 's~am: I st d~y of Augusf, 20oo~ I ard, Ma A~ES~_~ Di~a L. Cordray, IAMC, Clerk-~er This Document Prepared By: James J. Nelson, NELSON & FRANKENBERGER, 3021 E. 98th Street, Suite 220, Indianapolis, 1N 46280 CERTIFICATION OF CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON PETITION FOR ESSEX CORPORATION TO CHANGE TI~, OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TOWNSHIP PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. TO: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Cannel/Clay Plan Commission offers you the following report on the application of Essex Corporation, copy attached, petitionlng the Commission to rezone the following real estate located h~ Hamilton County, Indiana, more particularly described in Exhibit A attached, commonly known as 1011 North Guilford Road Carreel, Indiana 46032 From Zone Classification R-l/Residence to B-6/Business District. The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is "FAVORABLE." At its regularly scheduled meeting of July 18, 2000, the Camel/Clay Plan Commission approved the requested Rezone by a vote of 15 in favor, none opposed, none abstaining. CARMEL/CLAY PLAN COMMISSION BY: David A. Cremeans, ~ent' DATED: July 21, :Z000 RECEIVED JUL 9 ! 9nnrj CARMEL CLERK TREASUREi~ Date: March 24, 2000 Docket No.: Name of Applicant: Essex Corporation PETITION TO CHANGE THE OFFICIAL ZONING MAP INCORPORA BY REFERENCE INTO THE CARMEL/CLAY ZONING ORD~ (REZONE APPLICATION) Phone Number: 608/829-2699 Address of Applicant: 583 D'Onofrio Drive. Ste. 202 Madison. WI 53719 Name of Owner: Address of Owner: James Stecklev 5801 E 116m Street Phone Number: 317/843-9850 317/580-0004 Carmel, IN 46033 Record of Ownership: Instrument No.: 9709716118 Purchase Date: April 10, 1997 Legal Description (Use additional page(s) if necessary): SEE ATTACHED EXHIBIT "A" Common Address of Property Involved (or General Description if no Address Exists): 10 11 N. Guilford Road, Carreel, IN Proposed Zoning Change: From the R-1 District to the B-6 District, for the property shown outlined in red on the map attached hereto, which is made a part of this petition. Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional page(s) if necessary): SEE ATTACHED EXHIBIT "B" Affidavit I. James Stecklcy. being duly sworn, depose and say that I am the Owner of the property involved in this application and that the foregoing signature, statement, and answer herein contained and the information herewith submitted arc in all respects true and correct to the best of my knowledge and belief. Icy, Owner 5801 E. 116m Street CarmeL IN 46033 STATE OF INDIANA ) )SS: COUNTY or ) Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared James StockIcy, Owner. and acknowledged the execution of the foregoing Affidavit. My Commission Expires: ,3'o%~...~ ~8' ~1 Residing in ~w; I ~ ,x County WITNESS my hand and Notarial Seal this 2"~ day of/v~ ,2O0O. Affidavit I, bcing duly sworn. depose and say that I am the Attorney for Essex Corporation, the Applicant of the property involved in this application and that the foregoing signature, statement, and answer herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belie£ CA~r the Applicant, Essex Corporation 3021 E 98th Street, Suite 220 Indianapolis, IN 46280 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Subscribed and sv~orn to before me, a Notary Public, m and for said County and State, appeared James J. Nelson, Attorney for the Applicant. Essex Corporation, and acknowledged the execution of the foregoing Affidavit. 24th day o March, My Commission Expires: 7/6/2006 Residing in Marion County MA~-2~-2000 0~:2~ F~OM:CB KAISER ~17 ~3 ~S0 TO:~IT~BBTB2 LEGAL DESCRIPTION A pa~ of the 3nuthwes! Queer of Sectran 36, Township 18 North, Rat~ 3 Eas~ described as follows: Begin at a point 66.0 feet west and475.0 fe~t south of the Northw~ corner of the East Hahe of the Southwest Q~rter of Section 36, Tornship IS North, Rang~ 3 East, thence cast 727 feet to an iron slak-= h the fence, said point being 47f9 feet south oftbe North line of said ,Southw~ Quarter, thence ~outh on and along a fence line 302.0 feet to an iron stake, thence westerly 729.4 fcct to a poira, with the imersec~on of a line 66.0 fcct west of the west llne of s~dd East Half, thence northerly on and along said line 296.4 feel to plac~ of beginning. Containing 5.0 acr~ mo~ or less including to the center of the Road. Comprehensive Plan Statement The real estate is located within an area designated on the Recommended Land Use Map as Regional Commercial Employment Area - Low Intensity. The proposed use of the real estate as an Assisted Living Retirement Center is consistent with the land use recomendation of the Comprehensive Plan. State of Indiana, County of Hamilton, SS: "'~~ 'P t~he'j Publisher of the Daily Ledger, a Topics Newspaper, a newspaper the English language and of Fishers, Hamfiton County, State of Indiana, and that said Topics Newspaper have been published continuously for more than three years last past. in said county and state; that the Notice of publication, newspaper ..... which publications wen: made as follows: ..................... .................................. And that all of said publications were made in full compliance with Subscribed and sworn to before me this ..... ...~...~.. ........day (seal) Publisher's Fee. ./.e~. ~. ~ .............. JAMES J. NELSON CI.IARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FLATr of c~unsel JANE B. MERRILL NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATtORNEYS-AT-LAW 3021F.~sr~thSmn'r Sv~220 hot~At. ous,~46280 317-844-0106 FAX: 317-84c~1782 Office of the City Clerk/Treasurer ATTN: Cartie Groce One Civic Square Carmel, IN 46032 July 10, 2000 Dear Carrie: Please find enclosed the Proof of Publication confirming publication on July 24, 2000, for the Notice of Public Hearing on proposed Ordinance Z-350, now scheduled for Public Hearing before the Common Council on August 7, 2000. I thank you for your assistance and should you have any questions, please contact me. With kindest regards, NELSON & FRANKENBERGER ,a~ JJN/jmb Enclosure JAMES J. NEK~N CHARLE~ D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. gEMPER JOHN B. FLATr of counsel JANE B. MERRILL NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATtORNEYS-AT-LAW July 19, 2000 3021 EAs'r 9801 STnn:r St~rg 220 Isopa~$ous, I~,w 46280 317-844-0106 FAX: 317-8468/82 Cartie Groce Cannel City Clerk-Treasurer One Civic Square Cannel, IN 46032 Re: Cannel Oaks Dear Kerrie: You will be receiving from Ramona Hancock, Secretary of the Camel Plan Commission, certification that the Carreel Plan Commission meeting on the 18a' day of July, 2000 unanimously adopted a favorable recommendation on the fezone application of Essex Corporation. The real estate is five acres in size and has a common address of 1011 South Guilford, Carreel, Indiana. Please find enclosed proposed Ordinance Z-350 which I am requesting be placed on the August 7~ agenda of the CarmelCityCouncilforfirstreadingandpublichearing AlsopleasefindenclosedaNoticeofPublic heating which I will forward to the Noblesville Ledger for publication on or about Saturday, July 22, 2000. Simultaneouslywiththerezoneapplication, also please find enclosed aPetitionforAnnexation executed by James Steckley, the owner of the real estate, and proposed Ordinance C-204. The Petition for Annexation involves the same parcel of real estate, and I am also requesting that proposed Ordinance C-204 be placed on the August 7th agenda of the Council for introduction. I will be preparing information booklets and will deliver to you ten originals and seven copies prior to the due date of July 31'~. Should you have any questions, please call. Thank you. With kindest regards, Jx /jlw Enclosures NELSON & FRANKENBERGER JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FLAIr of counsel JANE B. MERRILL NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW 3021EA,vr98tht'gu'r Sutr~2,20 ~US, I~XASA46280 317-844-0106 EAY~317-846-8782 Office of the City Clerk/Treasurer ATTN: Cartie Groce One Civic Square Carmel, IN 46032 July 10, 2000 Dear Cartie: Please find enclosed the original and two (2) copies of proposed Ordinance Z-350, dated August 21, 2000, in anticipation of action by the Council on this date. Also enclosed is a pre-paid, pre-addressed envelope, which I am requesting that upon adoption, you please forward to me a signed copy. I look forward to seeing you at the Council meeting on the 2P' of August. I thank you for your assistance and should you have any questions, please contact me. With kindest regards, NELSON & FRANKENBERGER J N/jmb Enclosure F \User~JessicaXJim N'JL, sex~groce ltr2 NOTICE OF PUBLIC HEARING BEFORE THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA NOTICE IS HEREBY GIVEN that the Common Council of the City of Carmel, Indiana C'Council"), meeting on the 7t~ day of August, 2000, at 7:00 o'clock p.m., in the Council Chambers, Second Floor, City Hall, One Civic Square, Camel, Indiana 46032, will hold a Public Hearing upon proposed Ordinance Z-350 C'Ordinance"). The Ordinance upon adoption will reclassif~ the following described real estate C'Real Estate") from R-1 Residence District to B-6 Business District: A part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East, described as follows: Begin at a point 66.0 feet west and 475.0 feet south of the Northwest corner of the East Half of the southwest Quarter of Section 36, Township l 8 North, Range 3 East, thence east 727 feet to an iron stake in the fence, said point being 475.9 feet south of the North line of said Southwest Quarter, thence south on and along a fence line 302.0 feet to an iron stake, thence westerly 729.4 feet to a point, with the imersection of a line 66.0 feet west of the west line of said East Half, thence northerly on and along said line 296.4 feet to place of beginning. Containing 5.0 acres more or less including to the center of the Road. The Real Estate is fourteen (5) acres in size and is located at 1011 S. Guilford, Cannel, Indiana. A copy of the Ordinance is on file for examination at the Office of the City Clerk/Treasurer, One Civic Square, Cannel, Indiana 46032. All interested persons desiring to present their views on the above Ordinance, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. Written objections to the Ordinance that are filed with the City Clerk/Treasurer prior to the Public Hearing will be considered and oral comments concerning the Ordinance will be heard at the Public Heating. The Public Hearing may be continued from time to time as may be found necessary. CITY OF CARMEL, INDIANA Diana Cordray, Clerk/Treasurer APPLICANT Essex Corporation Attn: Sam Essak 583 D'Onofrio Drive, Ste. 202 Madison, WI 53719 608/829-2699 OWNER James Steckley 5801 E. 116m Street Carmel, 1N 46033 317/843 -9850 ATTORNEY FOR APPLICANT James J. Nelson NELSON & FRANKENBERGER 3021 East 98t~ Street, Suite 220 Indianapolis, Indiana 46280 317/844-0106