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Home My WebLink AboutZ-452-04 Dunkerly PropertySponsor: Councilor Kirby ORDINANCE NO. Z-452-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING DISTRICT CLASSIFICATION Rezoning the Dunkerly Property from the R-i/Residence District Classification to the B-2/Business District Classification (with restricted uses) WHEREAS, a petition has been filed, as Docket No. 04010001Z (Dunkerly Property - Rezone), to change the official zone maps of the City of Carmel, Indiana incorporated by reference into the Zoning Ordinance of the City of Carmel to change the zoning of the real estate described on Exhibit A attached hereto and made a part hereof (the "Real Estate") and commonly known as 1412 South Guilford Road, 1430 South Guilford Road and 836 East 116th Street, Carmel, Indiana from the R-l/Residence District to the B-2/Business District; and WHEREAS, the Plan Commission of the City of Carmel (the "Plan Commission") conducted hearings on Docket No. 04010001Z at its March 16, 2004 and June 22, 2004 meetings as required by law; and WHEREAS, the Plan Commission, has sent a favorable recommendation relating to Docket No. 04010001Z to the Common Council of the City of Carmel, Indiana, subject to the recordation of the Statement of Commitments Concerning the Use or Development of Real Estate Made In Connection With A Rezoning of Property submitted by the Petitioner prior to the Plan Commission's hearing on June 22, 2004 in the form attached hereto as Exhibit B (the "Commitments"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana: Section I. The official zone maps of the City of Carmel, Indiana incorporated by reference into the Zoning Ordinance of the City of Carmel are hereby amended to change the zoning of the Real Estate to the B-2/Business District subject to the recordation of the Commitments. Section II. 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, this V/'nt~ day 2004, by a vote of ,-~ ayes and (9 nays. INDY 1397146vl COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA P~i'ding Officer Ronald E. Carter, President Pro Tempore Fredrick J. Glaser Diana L. Cordray, IAlVic, t. leXr,- t?v~tsurer Brian D. Mayo Mark Ratter~ann Richard L. Sharp/ day of,~ 2004, at Presented by me to the Mayor of the City of Carmel this · . , er Approved by me, Mayor of the City of Carmel, Indi~21Ylh~ ~2ra~i;17~2004,at Preparcd by: Joseph D. Calderon ICE MILLER One American Square Box 82001 Indianapolis, IN 46282 INDY1397146vl DEO-O~-O~ ~ON 03:34 PN P, 05 A part of the West half of the Southwest Quarter of Section 36, Township 18 North, Range 3 East, in Hamilton County, Indiana, more partlcularly described as follows= Beginning at a point 66 feet West of the East line of said half quarter section and 221.21 feet North Df the South line of said Half Quarter Section; running thence West and parallel to.the South line of said half quarter Section 231.29 feet to a point, thence North and parallel with the East line of said half quarter section 196.21 feet to a point, thence East and parallel with the South line of said half quarter section 231.29 feet to a point, thence South and paratlel with the East line of eaid half Quarter Section, 196.21 feet to the place of beginning. Part of the So'th half of the Southwest Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, being more particularly described as follows, to-wit: Beginning in the South line of said half-quarter section, at a point 66 feet We~nCl~gthe Southeast corner of said half-quarter' section; thence/~est upon and along the South line of said half- quarter section 231.29 feet to a point; thence North and parallel with the East llne of said half-quarter section, 221.21 feet to a point; thence' East and parallel with the South line of said half-quarter section, 231.29 feet to a point; thence South and parallel to the EaSt line ~f.said halfrquareer, sectlon, 221.21 feet to the point of beginning. '~ Part of th~ West Half of the Southwest Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, more specifically described as follows: Beginning at a point 66 feet West of the East line of said quarter section and 471.42 feet North o~ the South line of said Section, thence Weet parallel to said South Section line 231.29 feet to a point, thence North parallel to said Quarter Section line 176.58 feet to a point, thence East 231.29 feet to a point, thence South to the place of beginning in ~Iamilton County, Indiana. DEO-01-09 ~ON 03:31 PM P, 02 Project: STP-B886( ) Sheet 1 of 1 ~1:15 F~ Simple A pm of ~e Wmt Half of fie Sou~west Q~ter of S~ion 36, Tomhip 18 No~, ~e 3 ~t, ~milmn Co~, IMi~, ~d ~ing fiat p~t of ~e grantor' l~d lying wi~in · e rightmf-way lines ~i~ on ~e a~h~ Rightof-Way P~ml Pht m~k~ ~ Exhibit "B', d~ribed ~ follows: Begi=ing m a poMt on fie soufi line of hid ~tion Soufi 89 degr~ 28 m~ums 02 ~o~ W~t 20.117 meters (~.~ f~t) ~om ~e sought ~mer of s~d ~f-q~r ~ion, 'sMd sought ~mer ~i~ d~i~ated ~ point "233" on said p~cd plat, which point of beg~Mg is ~e souffi~t comer of ~e g~tors' l~d; ~ence Sou~ 89 degr~ 28 minu~m ~ s~n~ W~t 70.497 me,rs (231.29 f~0 ~ong ~id sou~ line sou~w~t ~r~er of ~e ~nmm' l~d; ~e~ No~ 0 degr~ ~ minutes 19 semnds 23.201 m~rs (76.12 f~0 ~ong ~e w~t line of fie ~mm' land; ~en~ No~ 89 28 minut~ 02 ~n~ ~t 55.714 memm (182.79 f~O m poht "620" ~signa~d on ~id p~l plat; ~en~ Nor~ 23 degr~ 38 minut~ 55 ~n~ ~t 7.523 m~m (24.68 f~t) ~ht "691' ~i~ on ~d p=~l plat; ~en~ No~ 0 de~ 03 minut~ ~ ~ W~t 110.~ meem O~.89 f~t) m poMt "692" desigm~ on ~d ~I plat; ~e~ No~ 89 d~ 57 minu~ ~ ~onds ~t tl.714 ~rs (38.43 f~0 m ~e ~t 1~ of ~e g~tors' ~d; ~ Sou~ 0 degr~ ~ minu~ 19 ~nds ~t 139.965 me,rs (459.20 f<t) along ~id ~t line m ~e p0Mt ~ ~Mg ~ mn~n~g 0.3017 h<~ (0.746 a~), more or l~s, ~l~ive of ~e pr~enfly existi~ fi~t~f-my which mnm~ 0.1039 h~ (0.~7 ~), m_~e or l~s. %e ~n!on of ~e a~v~r~ ~ ~mm which is not already embm~ ~in ~e pr~ently exis~ng r~tmf-way ~nmim 0,1~8 h~ (0.489 acr~), mo~ or ~ ~ipOon w~ prop~ f~ ~e Ci~ of ~el by Jo~ M. ~ su or, sox , g ...... ~ ~0 ' ~ord~'s offi~ md ~*r sm w~Ch were n~ nervily ~k~ g EXHIBIT "B" RIGHT-OF-WAY PARCEL PLAT PREPARED FOR THE CITY OF CARMEL PARCEL: 15 PROJECT: STP-B886( ) ROAD: I161h STREET COUNTY: HAMILTON SECTION: 36 TOWNSHIP: 18 N. RANGE: 3 E. OWNER: DONALD M. DUNKERLY, ET UX. INSTRUMENT NO. 9909920127 DATED: 1-28-99 OTmenslons shown below ore from the above listed record documents. Centerline stationing tic marks are shown al 20 meter intervals, 231,29' SHEET 1 OF 2 DES. NO.: DRAWN BY: CHECKED BY: 9785910 & 9785911 C.J. HOGSTON, 12-24-01 J.R. RITTER, 12-26-01 Hatched area is the approximole taking. 0 100' SCALE: 1' =100' 200' 5'840 5,8 f 23.1.29' 5,880 Residue "A" 5'920 231.29' 5,940 C ll6th STREET ~r OeCD PAl{K, SECTION ONE "B", HAMILTON COUNTY 231.29' Line "PR-l"- R/W ~ This plot wes preoored [rom information obtained from the recorder's office STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7-4-615, Equicor Development, Inc., an Indiana corporation ("Petitioner"), the owner of certain mai estate located in Hamilton County, Indiana, which is further described in Exhibit A attached hereto and incorporated herein by reference ("Real Estate"), makes the following commitments concerning the use and development of the Real Estate in connection with its petition to rezone the Real Estate from the R-I district to the B-2 district: STATEMENT OF COMMITMENTS Petitioner hereby agrees that the Real Estate shall be limited to only the following uses, as described in the City of Carmel Zoning Ordinance, Appendix "A", "Schedule of Uses": Uses Allowed GUILFORD OFFICE CENTRE COMMITMENTS: "Office" a. All office uses permitted "Multi-family housing" shall be permitted, when incorporated as part of an office facility (i.e., apartment units on second floor of building containing offices on first floor) "Institutional" a. Public service facility "Retail / Service" a. Dry cleaning - no plant b. Financial institution i. No drive through service permitted c. Veterinary hospital - no kennel d. General retail e. General service, including salon and/or day spa INDY 1303523vl 5. "Cultural / Entertainment" a. Art gallery b. Restaurant / Coffee Shop / Delicatessen / Cafe i. No drive through "fast food" restaurants shall be permitted; however, a "Starbucks" or similar type of coffee shop shall be permitted to have a drive through service 6. "Industrial Uses" a. Not permitted 7. "Agricultural Uses" a. Not permitted 8. "Recreational" a. Not permitted 9. "Miscellaneous Uses" a. Not permitted 10. "Transportation / Communication Uses" a. Not Permitted B. Any development or redevelopment of the Real Estate shall be required to go through the Development Plan approval process as otherwise required for developments in the B-3, B-4 and B-7 zoning districts, as provided in the City of Carmel Zoning Ordinance. C. The Petitioner agrees that the preliminary building elevations and site plan attached hereto as Exhibit "B" and Exhibit "C" shall serve as the template for review of final development plans for the Real Estate, i.e., ADLS approval. D. The Petitioner shall grant right-of-way for 116th Street and Guilford Avenue so as to meet the half right-of-way requirements of the Thoroughfare Plan. MISCELLANEOUS The Commitments shall be binding on the Petitioner, and any successor in interest to Petitioner's interest in the Real Estate. The Commitments shall be effective upon the approval of Petitioner's mzoningJCase No. 04010001 Z by the Carmel Plan Commission, and shall continue in effect so long as (i) the Real Estate is zoned B-2, or (ii) until these Commitments are vacated by the Carmel Plan Commission after a duly and properly notified public hearing. The Commitments may be enforced by the City of Carmel, Indiana, the Carmel Plan Commission or its duly authorized agent. 2 INDY 1303523vl IN WITNESS WHEREOF, the Petitioner has executed this instrument on the day of ,2004. EQUICOR DEVELOPMENT, INC., an Indiana corporation By: (signature) (printed name and title) STATE OF INDIANA ) ) SS: COUNTY OF MARION ) Before me, a Notary Public in and for the State of Indiana, personally appeared , the of Equicor Development, Inc., an Indiana corporation, who, having been first duly sworn, acknowledged the execution of the foregoing on behalf of said corporation. Witness my hand and Notarial Seal this day of ., 2004. Signature (Notary Public) My Commission Expires: Printed County of Residence: This instrument was prepared by Joseph D. Calderon, ICE MILLER, One American Square, Box 82001, Indianapolis, Indiana 46282-0002, (317) 236-2100. 3 INDY 1303523vl ORDINANCE NO. Z-452-04 THERE ARE TWO STATEMENT OF COMMITMENTS WITH THIS ORDINANCE. THE DOCUMENT MARKED EXHIBIT "B' IS THE FIRST COPY INCLUDED IN COUNCIL PACKETS. THE DOCUMENT NOT MARKED WAS PRESENTED TO COUNCIL THE NIGHT OF THE 9/7/04 MEETING. THE CHANGES ARE: 4.d., ITEM i. VERBIAGE WAS ADDED TO THE DOCUMENT, EXHIBIT "A" TEXT WAS CHANGED, PLUS TWO SITE PLANS FROM EQUICOR WERE INCLUDED. STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7-4-615, Equicor Development, Inc., an Indiana corporation ("Petitioner"), the owner of certain real estate located in Hamilton County, Indiana, which is further described in Exhibit A attached hereto and incorporated herein by reference ("Real Estate"), makes the following commitments concerning the use and development of the Real Estate in connection with its petition to rezone the Real Estate from the R-1 district to the B-2 district: STATEMENT OF COMMITMENTS Petitioner hereby agrees that the Real Estate shall be limited to only the following uses, as described in the City of Carmel Zoning Ordinance, Appendix "A", "Schedule of Uses": GUILFORD OFFICE CENTRE COMMITMENTS: Uses Allowed "Office" a. All office uses permitted "Multi-family housing" shall be permitted, when incorporated as part of an office facility (i.e., apartment units on second floor of building containing offices on first floor) "Institutional" a. Public service facility "Retail / Service" a. Dry cleaning - no plant b. Financial institution i. No drive through service permitted c. Veterinary hospital - no kennel d. General retail i. No single retail use shall be in excess of 15,000 square feet e. General service, including salon and/or day spa INDY 1303523vl