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HomeMy WebLinkAboutZ-390-02 Amend Old Meridian DstSponsor: Councilor Wilson ORDINANCE NO. Z-390-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA TO AMEND THE OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TOWNSHIP BY REZONING AN AREA FROM OLD MERIDIAN DISTRICT (OM)-MIXED USE (MU), OFFICE (O), AND SINGLE FAMILY (SF) TO OLD MERIDIAN DISTRICT (OM) - MIXED MEDICAL (MM). WHEREAS, pursuant to Ordinance No. Z-352 the OM (Old Meridian) zoning district was established to increase property values, protect real estate investment, encourage neighborhood diversity, spur commercial activity and attract new businesses to the area of the City of Carmel bordering on or contiguous to the public highway referred to as Old Meridian Street; and WHEREAS, the Carmel Clay Plan Commission on June 18, 2002, after conducting a public heating pursuant to IC 36-7-4-507 duly approved certain amendments to the Comprehensive Plan, in particular the establishment of a specific Comprehensive Plan Policies for a certain area to be known as the "Old Meridian District Mixed Medical Zone"; and WHEREAS, pursuant to that certain Petition filed on March 28, 2002, by St. Vincent Hospital and Health Care Center, Inc. ("Petitioner") under Docket No. 32-02-Z (the "Petition"), Petitioner has proposed the creation of a new zoning district (OM-MM, Old Meridian-Mixed Medical) within the OM District to permit and facilitate the development, expansion and modernization of a major hospital complex or campus in which a diversity of hospital and healthcare uses would be permitted; and WHEREAS, such rezoning would change the zoning classification of that certain Old Meridian Mixed Use, Old Meridian Office and Old Meridian Single Family Attached District property more particularly described on Exhibit A attached hereto and incorporated herein, and shown graphically on Exhibits B and C attached hereto and incorporated herein, to Old Meridian- Mixed Medical (collectively, the "Property"); and WHEREAS, the Common Council of the City of Carmel finds that it is reasonable and necessary to protect and promote the public health, safety, comfort, morals, convenience and general welfare of the citizens of the City of Carmel and Clay Township by creating such a new zoning district to facilitate development of the Old Meridian area. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section I: The zoning classification for the Property, as legally described on Exhibit A and graphically shown on Exhibits B and C hereto, is hereby changed to Old Meridian-Mixed Medical (OM-MM), and the Official Zoning Map for the City of Carmel and Clay Township is hereby amended to reflect this change. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana this~day of .f.~,~, ..... ,; ct, 2002, by a vote of 7 ayes and ~ nays. /l~f'esigtingOfficer' f \. , ,~' '-,~~-~ 'W&yne Wil[on, President Pro Tempore ,~n~ald E. Carter t--~,uci~,qfiyder ATT~/8~: . r Diana L. Cordray, IAMC, Cl~k-Treasure ~re e~,~4~ted by me to the l~layo~ ,~;;2~ - ,2002, at -,~ City of Carmel, Indiana, this ---' _ day of P.M. ~ ¢ ' surer Diana L. Cordray, ~u~~ 2 Apprgved by me, Mayor of th, q City of Carmel, Indiana, thir~ daY'of ~g~4~.///,se(~. ,2002, at [ ~ ~f 'TL-P.M. Diana L. Cordray, IAMC, C~,,rk_~/qasurer Prepared by: 04528dmdoc Robert A. Hicks, Esq. Hall, Render, Killian, Heath & Lym~n, P.S.C. One American Square, Suite 2000 Indianapolis, 1N 46282 (317) 633-4884 Exhibit A (Page 1 of 12) Parcel 16-09-25-01-01-002.000 A part of the West Half of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, in Hamilton County, Indiana, described as follows: Begin at a point in the center of the County Highway which is 1315.7 feet North of the Southeast comer of the West Half of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, and run thence West 130.0 feet, thence North 335.07 feet to a point near the center of State Highway No. 31, thence East 130.0 feet to the intersection with the East line of the West Half of the Northwest Quarter, thence South 335.07 feet to the place of beginning. A part of the Northwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, described as follows: Begin at a point 335.07 feet North of the Southeast Comer of said Quarter Quarter Section, nm thence West 127.9 feet to the center of State Highway 31, thence Northeasterly along the center of said Highway 222.7 feet to a point on the East line of said Quarter Section, thence South on said East line 176.3 feet to the place of beginning. 04537drr.doc Exhibit A (Page 2 of 12) Parcel 16-09-25-01-01-003.000 A part of the Northwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, described as follows: Begin at a point 130.0 feet West of the Southeast comer of said Quarter Quarter Section, nm thence West on the South line of said Quarter Section 237.0 feet to the Center of State Highway No. 31, thence Northeasterly along the center of said Highway 408.62 feet to a point, thence South parallel with the East line of said Quarter Section 332.5 feet to the place of beginning. 04539drr.doc Parcel 16-09-25-01-01-004.000 Parcel 16-09-25-01-01-005.000 Parcel 16-09-25-01-01-005.001 Exhibit A (Page 3 of 12) Part of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, in Hamilton County, Indiana, described as follows: Beginning at the Northeast comer of said Northeast Quarter of the Southwest quarter of the Northwest Quarter of said section; thence South (South 01 degrees 09 minutes 17 seconds West (assumed bearing) along the East line thereof 340.00 feet; thence North 66 degrees 09 minutes West 451.51 feet (North 64 degrees 59 minutes 43 seconds West 452.87 feet measured) to the East right-of-way line of State Road U.S. 31; thence North 35 degrees 27 minutes 15 seconds East with same 185.00 feet (North 36 degrees 38 minutes 41 seconds East 184.76 feet measured); thence North 88 degrees 44 minutes 15 seconds East 305.72 feet (North 89 degrees 57 minutes 03 seconds East 307.00 feet measured) to the place of beginning, containing 2.13 acres (2.14 acres, more or less measured). Part of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, described as follows: Beginning on the East line of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East 448.00 feet South 01 degrees 09 minutes 17 seconds West (assumed bearing) from the Northeast comer thereof; thence South 01 degrees 09 minutes 17 seconds West on said East line 75.45 feet; thence North 89 degrees 58 minutes 34 seconds West 653.21 feet to the West line of the Northeast Quarter of the Southwest Quarter of said Northwest Quarter; thence North 01 degrees 06 minutes 38 seconds East on said West line 44.38 feet to the Easterly right-of-way line of Meridian Street (former U.S. Highway No. 31); thence North 36 degrees 38 minutes 41 seconds East on said right-of-way line 217.51 feet to a line which bears North 74 degrees 39 minutes 49 seconds West from the place of beginning; thence South 74 degrees 39 minutes 49 seconds East on said line 543.40 feet to the place of beginning, containing 2.162 acres, more or less. Part of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, described as follows: Beginning on the East line of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of the Section 25, Township 18 North, Range 3 East 340.00 feet South 01 degrees 09 minutes 17 seconds West (assumed bearing) from the Northeast comer thereof; thence South 01 degrees 09 minutes 17 seconds West on said East line 108.00 feet; thence North 74 degrees 39 minutes 49 seconds West 543.40 feet to the Easterly right-of-way line of Meridian Street (former U.S. Highway No. 31); thence North 36 degrees 38 minutes 41 seconds East on said right-of-way line 194.03 feet to a line which bears North 64 degrees 59 minutes 43 seconds West from the place of beginning; thence South 64 degrees 59 minutes 43 seconds East on said line 452.87 feet to the place of beginning, containing 1.641 acre, more or less. 04540dmdoc 2 Parcel 16-09-25-01-01-006.000 Exhibit A (Page 5 of 12) The Southeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, in Hamilton County, State of Indiana, containing 10 acres, more or less. EXCEPT: Part of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Beginning on the South line of the Northwest Quarter of Section 25, Township 18 North, Range 3 East 583.01 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) of the Southwest comer thereof; thence North 90 degrees 00 minutes 00 seconds East on and along said South line 660 feet to the East line of the Southwest Quarter of said Northwest Quarter; thence North 01 degrees 19 minutes 17 seconds East on and along said East line 250.00 feet; thence North 90 degrees 00 minutes 00 seconds West parallel with the South line of said Northwest Quarter 660 feet; thence South 01 degrees 19 minutes 17 seconds West parallel with the East line of the Southwest Quarter of said Northwest Quarter 250.00 feet to the beginning point. 04541drr.doc Exhibit A (Page 6 of 12) Parcel 16-09-25-01-01-008.002 Part of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Beginning at the Southwest comer of the Northwest Quarter of Section 25, Township 18 North, Range 3 East; thence North 90 degrees 00 minutes 00 seconds East (assumed beating) on and along the South line thereof 319.10 feet; thence North 01 degrees 03 minutes 45 seconds East parallel with the West line of said Quarter 458.58 feet to the centerline of Meridian (former U.S. Highway 31) Street; thence North 36 degrees 38 minutes 23 seconds East on and along said centerline 95.10 feet to the Tree Beginning Point of this description; continuing thence North 36 degrees 38 minutes 23 seconds East on and along said centerline 472.61 feet to the East line of real estate conveyed to Rene G. DuBois by Warranty Deed recorded in Deed Record 143, page 269, in the Office of the Hamilton County Recorder; thence South 01 degrees 05 minutes 09 seconds West on and along said line 125.00 feet; thence North 89 degrees 55 minutes 36 seconds East 657.85 feet to a point on the East line of the Southwest Quarter of said Northwest Quarter that is 523.45 feet South 01 degrees 02 minutes 07 seconds West of the Northeast comer thereof; thence South 01 degrees 02 minutes 07 seconds West and along said East line 133.29 feet to the North line of the South Half of the Southwest Quarter of said Northwest Quarter; thence South 89 degrees 56 minutes 45 seconds West on and along said North line 657.97 feet to the East line of the aforesaid DuBois real estate; thence South 01 degrees 05 minutes 09 seconds West on and along said East line 322.84 feet to a point that is South 53 degrees 21 minutes 37 seconds East of the True Beginning Point; thence North 53 degrees 21 minutes 37 seconds West 337.78 feet to the True Beginning Point. 04542dmdoc Parcel 17-09-25-00-00-021.000 Exhibit A (Page 7 of 12) A part of the Northeast Quarter of Section 26 and a part of the Northwest Quarter of Section 25, all in Township 18 North, Range 3 East, described as follows: Begin 213.8 feet West and 742.6 feet North of the Southeast comer of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, thence North 569.8 feet to the North line of the South Half of the said North East Quarter, thence East on said line 1165.7 feet to center of State Highway No. 31, thence Southwesterly along center of said Highway 726.4 feet to a point 742.6 feet North of the South line of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, thence West 736.8 feet to the place of beginning; EXCEPT: A part of the Southwest quarter of the Northwest Quarter of Section Twenty Five, Township Eighteen North, Range Three East, described as follows: Begin at a point in the center of State Road No. 31, said point being 650.2 feet East and 917.7 feet North of the Southwest comer of the Northwest Quarter of said Section 25, run thence North 398. feet, thence East 287.3 feet to the intersection of the center line of said State Road No. 31, thence Southwesterly on the center line of said State Road No. 31, a distance of 491. feet to the place of beginning, being in Hamilton County, Indiana. 04543DRR.doc Parcel 17-09-25-00-00-021.001 Exhibit A (Page 8 of 12) Parcel 17-09-26-02-03-024.000 Part of the Northeast Quarter of Section 26 and the Northwest Quarter of Section 25, Township 18 North, Range 3 East, Hamilton County, Indiana, and being more particularly described as follows: Beginning at a point on the East line of said northeast quarter section being North 0 degrees 48 minutes 08 seconds East (assumed basis of bearings) 742.6 feet from the Southeast comer thereof; thence South 89 degrees 48 minutes 50 seconds West, parallel with the South line of said northeast quarter section, 213.8 feet; thence North 0 degrees 48 minutes 08 seconds East, parallel with said east line, 568.58 feet to the North line of the Southeast Quarter of said northeast quarter section; thence North 89 degrees 46 minutes 55 seconds East, along said north line, 213.8 feet to the Northeast comer of said quarter-quarter section, also being the Northwest comer of the Southwest Quarter of the Northwest Quarter of said Section 25; thence North 89 degrees 37 minutes 36 seconds East, along the North line of said quarter-quarter section, 180.43 feet; thence South 0 degrees 48 minutes 08 seconds West, parallel with the West line of said quarter-quarter section, 514.02 feet; thence North 89 degrees 43 minutes 51 seconds East, parallel with the South line of said quarter-quarter section, 354.20 feet to the centerline of Meridian Street (old U.S. 31) as it now exists; thence South 36 degrees 23 minutes 05 seconds West, along said centerline, 68.55 feet; thence South 89 degrees 43 minutes 51 seconds West, parallel with said south line, 524.72 feet to the point of beginning and containing 5.606 acres, more or less. Subject to right of way for Meridian Street off the entire Easterly side thereof and all other applicable easements and rights of way of record. 04546DRR. doc Exhibit A (Page 9 of 12) Parcel 17-09-25-00-00-022.000 A part of the southwest quarter of the northwest quarter of Section Twenty Five, Township Eighteen North, Range Three East, described as follows: Begin at a point in the center of State Road No. 31, said point being 650.2 feet east and 917.7 feet north of the southwest comer of the northwest quarter of said Section 25, run thence north 398. feet, thence east 287.3 feet to the intersection of the center line of said State Road No. 31, thence southwesterly on the center line of said State Road No. 31, a distance of 491. feet to the place of begirming. 04548DRR. doc Exhibit A (Page 10 of 12) Parcel 17-09-26-00-00-008.000 A part of the East half of the Northeast Quarter of Section 26, Township 18 North, Range 3 East of the Second Principal Meridian, Hamilton County, Indiana, being more particularly described as follows: Beginning on the South line of said East half South 89 degrees 48 minutes 50 seconds West 379.75 feet of the Southeast comer thereof; thence continuing South 89 degrees 48 minutes 50 seconds West 315.95 feet along said South line to a point which is 1968.68 feet measured (1967.29 feet deed) East of the Southwest comer of said East half; thence North 00 degrees 48 minutes 08 seconds East, parallel to the East line of said half section, 1585.91 feet; thence North 89 degrees 46 minutes 55 seconds East 315.95 feet; thence South 00 degrees 48 minutes 08 seconds West, parallel to the East line of said half section, 1586.09 feet to the point of beginning and containing 11.5 acres, more or less. 04547DRR Exhibit A (Page 11 of 12) Parcel 17-09-26-00-00-011.000 A part of the Northeast Quarter of Section 26, Township 18 North, Range Three East, described as follows, to-wit: Begin at a point 213.8 feet West of the Southeast comer of the northeast quarter of Section 26, and run thence north parallel with the East line of sa/d quarter section 1312.4 feet, thence West 165.95 feet, thence South 1312.4 feet, thence East 165.95 feet to the place of beginning in Hamilton County, Indiana. EXCEPT THEREFROM: Part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, and being more particularly described as follows: Commencing at the Southeast comer of said quarter-quarter section; thence South 89 degrees 48 minutes 50 seconds West, on and along the South line of said quarter-quarter section, 213.80 feet; thence North 0 degrees 48 minutes 08 seconds East, parallel with the East line of said quarter-quarter section, 341.73 feet to the point of beginning; thence continue North 0 degrees 48 minutes 08 seconds East, parallel with the said east line, 969.45 feet to the North line of said quarter-quarter section; thence South 89 degrees 46 minutes 55 seconds West, on and along said north line, 165.95 feet; thence South 0 degrees 48 minutes 08 seconds West, parallel with said east line, 969.36 feet; thence North 89 degrees 48 minutes 50 seconds East, parallel with said southline, 165.95 feet to thepoint ofbeginning. Containing 3.693 acres, moreor less. Subject to all applicable easements of record. 04544DRR il/ CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON A PETITION TO AMEND THE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-390-02 Old Meridian District - Mixed Medical Zone (Rezone) 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 of St. Vincent Hospital and Health Care Center, Inc. (Docket No. 33-02 Z) petitioning to rezone an area from Old Meridian District (OM)-Mixed Use (MU), Office (O), and Single Family (SF) to Old Meridian District - Mixed Medical Zone. The area affected is generally located on the east and west sides of Old Meridian Avenue between Guilford Road and Main Street. The Carmel/Clay Plan Commission's recommendation on the petition of St. Vincent Hospital and Health Care Center, Inc. is FAVORABLE. At a regularly scheduled meeting of Tuesday, June 18, 2002, the Carmel/Clay Plan Commission voted thirteen (13) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-390-02 with a Favorable Recommendation subject to the following conditions: Identification of and an agreement to construct a trail that would extend from Main Street north along the future western entrance drive and across the current hospital site, across Guilford. This path is shown on the originally adopted Old Meridian plan and is an element the Department wants to maintain. Dedication of right of way pursuant to the Thoroughfare Plan (131st St., Guilford, Old Meridian) and including a roundabout at Guilford/Old Meridian subject to approval of the City Engineer. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-4-607(e), 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 this Certification is Thursday, September 26, 2002. DATED: Friday, June 28, 2002 2002-07-26.rtf; Z-390-02.rtf; OM-MM Rezone Certification CARMEL/CLAY PLAN COMMISSION ~a/i~n~A-n-~e~ n ,~pr e sid e.n t RECEIVED ~RMEL CLERK