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HomeMy WebLinkAboutZ-208 Rezone 146th/US31ORDINANCE NO. Z-208 AN ORDINANCE AMENDING ZONING ORDINANCE Z-160, A PART OF THE MASTER PLAN OF THE CITY OF CARMEL, INDIANA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CARMEL, INDIANA, ORDINANCE NUMBER Z-160, AS AMENDED, PASSED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ON JANUARY 21, 1980, UNDER THE AUTHORITY ACTS 1979, PUBLIC LAW 178, SECTION 1, ET SEQ., (I.C. 36-7-4-101 et seq.) AND ALL ACTS AMENDATORY OR SUPPLEMENTARY THERETO. BE IT ORDAINED BY THE COMMON INDIANA, THAT ORDINANCE NUMBER AMENDED AS FOLLOWS: COUNCIL OF THE CITY OF CARMEL, Z-160 AS AMENDED, IS HEREBY SECTION 1 That the zone map accompanying and made a part of Zoning Ordinance Z-160, Sections 4.1-4.3, as amended, and the zoning classifications of Zoning Ordinance No. Z-160 are amended to reclassify and re-zone the following described property from an R-1 zoning classification to an B-5 zoning classification within the zoning districts and on the official zoning map: The North Half of the Northwest Quarter of Section 19, Township 18 North, Range 4 East, containing 78 acres. Subject to the right-of-way of U.S. Highway No. 31 and 431 and all other legal easements and rights-of-way. SECTION II This Ordinance shall be in full force and effect from and after its passage. Passed~y the Comm~Coun~l of the City of Carmel, Indiana on this ~ day of (~ , 1985. COMMON COUNCIL, CARMEL, INDIANA ~d~fig ~fficer Attest: Dorothy J. ~cock Clerk-Treafurer Attest: APPROVED n,- ayor REAL ESTATE COVENANT TO: City of Carmel, Hamilton County Commissioners RE: Rezone Application for D. H. Clark & Associates, Inc. 65.7 Acres located at the Southeast corner of 146th Street and U.S. Highway 31 D. H. Clark & Associates, Rezone 65.7 acres situated on Street and U.S. Highway 31 in Indiana, the legal description "Exhibit A" and incorporated by ally covenant with the City of Carmel and Board of Commissioners as follows: Inc., as a part of its Petition to the southeast corner of 146th Clay Township Hamilton County, of which is attached hereto as reference, does hereby unilater- the Hamilton County COVENANT ATTENDANT TO PETITION FOR REZONE 1. D. H. Clark & Associates, Inc. covenants to develop the described property to B-5 zone requirements eliminating the spe- cial use provision of Carmel Zoning Ordinance 16.2 multi-family dwelling as such provision relates to apartment construction. Covenantor retains the provisions of Carmel that would permit cluster, condominium or multi-family housing. This covenant by D. H. Clark & Associates, Zoning Ordinance 16.2 other owner occupied Inc. is made, conditioned and contingent upon receiving approval of the pending Petition to Rezone the property described in "Exhibit A" from R-1 fo B-5, by Ordinance of the Carmel City Council. Upon passage of the Rezone Ordinance and approvals required, the above covenant shall be binding upon the successors and assigns of D. H. Clark & Associates, Inc. and recorded with the Hamilton County Recorder. D. H. CLARK & ASSOCIATES, INC. STATE OF INDIANA ) ) COUNTY OF HAMILTON ) SS: I, a Notary Public in and for said County and State, duly commissioned and qualified, do hereby certify that, on this day of , 198 , before me personally appeared David H. Clark, President of D. H. Clark & Associates, Inc., who, as such officer, executed the foregoing Indenture for and on behalf and in the name of the said D. H. Clark & Associates, Inc., and he acknowledged the Indenture voluntarily, for said D. H. Clark & Associates, Inc., as his free and voluntary act and deed and the free act and deed of said D. H. Clark & Associates, Inc. for the uses and purposes set forth in said Indenture. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day, month and year aforesaid. Notary Public Printed Commission Expires: County of Residence: This instrument was prepared by E. Davis Coots, COOTS, HENKE & WHEELER, 255 E. Carmel Drive, Carmel, Indiana 46032. REA~ ESTATE COVENANT TO: City of Carmel, Hamilton County Commissioners RE: Rezone Application for D. H. Clark & Associates, Inc. 65.7 Acres located at the Southeast corner of 146th Street and U.S. Highway 31 D. H. Clark & Associates, Inc., as a part of its Petition to Rezone 65.7 acres situated on the southeast corner of 146th Street and U.S. Highway 31 in Clay Township, Hamilton County, Indiana, the legal description of which is attached hereto as "Exhibit A" and incorporated by reference, does hereby unilater- ally covenant with the City of Carmel and the Hamilton County Board of Commissioners as follows: COVENANT ATTENDANT TO PETITION FOR REZONE 1. D. H. Clark & Associates, Inc. covenants to develop the described property to B-5 zone requirements eliminating the spe- cial use provision of Carmel Zoning Ordinance 16.2 multi-family dwelling unless the described property is rezoned to a residen- tial use that permits multi-family uses. 2. D. H. Clark & Associates, Inc. covenants to submit all architectural design, lighting, signage and landscape plans to the Carmel Plan Commission for approval pursuant to the requirements of Carmel Zoning Ordinance 23.01 et seq. prior to construction of any buildings on the above-described real estate. 3. D. H. Clark & Associates, Inc. covenants to install and maintain a buffer area of not less than forty-five (45) feet in width along the entire southern and eastern boundary of the described real estate. 4. D. H. Clark & Associates, Inc. covenants that it will not remonstrate nor oppose annexation of the described property to the corporate boundaries of the City of Carmel, Indiana. to B-5, by Ordinance of the Carmel'City Council. Upon passage of the Rezone Ordinance and approvals required, the above covenant shall be binding upon the successors and assigns of D. H. Clark & Associates, Inc. and recorded with the Hamilton County Recorder. D. H. CLARK & ASSOCIATES, INC. By David H. Clark President STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) I, a Notary Public in and for said County and State, duly commissioned and qualified, do hereby certify that, on this __ day of .......... , 198 , before me personally appeared-David H. Clark, President of D. H. Clark & Associates, Inc., who, as such officer, executed the foregoing Indenture for and on behalf and in the name of the said D. H. Clark & Associates, Inc., and he acknowledged the Indenture voluntarily, for said D. H. Clark & Associates, Inc., as his free and volun- tary act and deed and the free act and deed of said D. H. Clark & Associates, Inc. for the uses and purposes set forth in said Indenture. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day, month and year aforesaid. Notary Public Printed Name My Commission Expires: My County of Residence: LEGAL DESCRIPTION That the zone map accompanying and made a part of Zoning Ordinance Z-160, Sections 4.1-4.3, as amended, and the zoning classifications of Zoning Ordinance No. Z-160 are amended to reclassify and re-zone the following described property from an R-1 zoning classification to a H-5 zoning classification within the zoning districts and on the official zoning map: The North Half of the Northwest Quarter of Section 19, Township 18 North, Range 4 East, containing 78 acres. Subject to the right-of-way of U.S. Highway No. 31 and 431 and all other legal easements and rights-of-way. "Exhibit A"