HomeMy WebLinkAboutZ-244 Rezone B-7 to B-68917850
AN ORDINANCE AMENDING ZONING
ORDINANCE NO. Z-160, A PART
OF THE MASTER PLAN OF THE
CITY OF CARMEL, INDIANA
ORDINANCE NO. Z-244
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
CARMEL, INDIANA, ORDINANCE NO. Z-160, AS AMENDED, PASSED BY THE
COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ON JANUARY 21,
1980, UNDER AUTHORITY OF ACTS OF 1979, PUBLIC LAW 178, SECTION 1,
et seq., (I.C. 18-7-4-101 et seq.) AND ALL ACTS AMENDATORY OR
SUPPLEMENTARY THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
INDIANA, THAT ORDINANCE NO. Z-160, AS AMENDED,
AS FOLLOWS:
CITY OF CARMEL,
IS HEREBY AMENDED
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 the
B-7 Business District classification to the B-6 Business District
classification within the zoning districts and on the official
zoning map:
Part of the West half of the Northwest Quarter of the
Southeast Quarter of Section 2, Township 17 North, Range 3
East of the Second Principal Meridian in Hamilton County,
Indiana, being more particularly described as follows:
Beginning at the Northwest corner of said
Half-Quarter-Quarter Section; thence on an assumed bearing
of North 89 degrees 01 minutes 11 seconds East along the
North line thereof a distance of 675.83 feet to the
Northeast corner thereof; thence South 00 degrees 10 minutes
47 seconds East along the East line of said
Half-Quarter-Quarter Section a distance of 610.06 feet;
thence South 89 degrees 01 minutes 11 seconds West, parallel
with the said North line, a distance of 674.73 feet to the
West line of the said Half-Quarter-Quarter Section; thence
North 00 degrees 16 minutes 59 seconds West along the West
line of said Half-Quarter-Quarter Section a distance of
610.05 feet to the Point of Beginning, containing 9.456
acres, more or less.
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 7th day of August, 1989.
This Instrument Becorded ~*~" t~ .- 1989
Sl~aron K. Cherry, P, ecof~er,J-iami~ton 6oun%', IN
COMMON COUNCIL, CARMEL, INDIANA
Doroth.y J¢/ ~anc~ock
Presiding ~0fficer --~ ~ ~
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
In accordance with Indiana Code Section 36-7-4-613, P.I.A.
Indianapolis, Inc., an Indiana corporation (hereafter the
"Developer"), the contract purchaser of the following described
real estate located in Hamilton County, Indiana (hereafter the
"Re~l Estate"), makes the following COMMITMENTS concerning the
use and development of the Real Estate to the Carmel Plan
commission and the City of Carmel (hereafter jointly the
"Commission"):
1. Description of Real Estate - See Exhibit A (Real Estate).
2. Ordinance No. - Z-244
3. Statement of Commitments:
a. The Developer commits that the identification sign(s)
constructed by the Developer on the Real Estate or used by
the Developer to identify the location or business purpose
of the mental health treatment center shall not contain the
words psychiatric and institute.
b. The Developer commits that any person or persons
adjudicated mentally insane shall not be admitted or cause
to be admitted to the mental health treatment center.
c. Developer commits to contribute its fair share to the
cost of signalization of the intersection of East 111th
Street and Pennsylvania upon determination by the
appropriate governmental authority that signalization is
warranted.
d. Developer commits to contribute one-half (1/2) of the
cost of constructing Pennsylvania Street and an adjacent
sidewalk to a point perpendicular to the southern boundary
of the real estate described on Exhibit B hereto upon the
first of the following events to occur:
1o The real estate owned by Developer lying south of
the Real Estate is developed; or,
2. Proof satisfactory to Developer and its counsel is
submitted that adequate right-of-way and funding
exists for the construction of Pennsylvania Street
from the southern boundary of the real estate
described in Exhibit B to East 106th Street.
4. Binding on Successors and Assigns.- This commitment is
binding on the Developer and the Owner of the Real Estate, each
subsequent owner of the Real Estate and each other person
acquiring an interest in the Re'al Estate, unless modified or
terminated by the Commission. This Commitment may be modified or
terminated only by a decision of the Commission made at a public
hearing after notice as provided by the rules of the Commission.
5. Effective Date - The Commitment contained herein shall
~__~:~ ...... ~ ~n ~ ~n ordinance bv the Carmel City
7o Enforcement - This Commitment may be enforced by the
Carmel Plan Commission and the City of Carmel.
Executed this
day of July, 1989.
P.I.A. INDIANAPOLIS, INC.
an Indiana Corporation
BY:
Bill Vickers, President
CITY OF WASHINGTON )
) SS:
DISTRICT OF COLUMBIA )
The undersigned, a Notary Public in and for said County and
State, acknowledged the execution of the foregoing by Bill
Vickers, President of P.IoA. Indianapolis, Inc., an Indiana
corporation°
WITNESSETH this day of July, 1989.
Notary Public
Printed Name
My Commission Expires:
The
consents
thereby.
Consent of Owner
undersigned ("Owner"), the owner of the Real Estate,
to the foregoing commitments and agrees to be bound
ONE ELEVEN ASSOCIATES,
a partnership
BY:
Michael Go Browning
General Partner
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
The undersigned, a Notary Public in and for said County and
Sta~e, acknowledged the execution of the foregoing by Michael G.
Browningt General Partner of One Eleven Associates, a
partnership.
WITNESSETH this day of July, 1989.
EXHIBIT A
Part of the West half of the Northwes~ Quarter of the
Southeast Quarter of Section 2, Township 17 North, Range 3 East
of the Second Principal Meridian in Hamilton County, Indiana,
being mor~ particularly described as follows:
Beginning at the Northwest corner o~ said Half-Quarter-
Quarter Section; thence on an assumed bearing of North 89 degrees
0t minutes 11 seconds East along the North line thereof a
distance of 675.83 feet to the Northeast corner thereof; thence
South 00 degrees 10 minutes 47 seconds East along the East line
of said Half-Quarter-Quarter Section a distance of 610.06 feet~
thence South 89 degrees 01 minutes 11 seconds West, parallel with
the said North line, a distance of 674.73 feet to the West line
of the said Half-Quarter-Quarter Section; thence North 00 degrees
16 minutes 59 seconds West along the West line of said Half-
Quarter.Quarter Section a distance of 610.05 feet to the Point of
Beginning, containing 9.45~ acres, mo~e or less.
EXHIBIT B
The West Half (1/2) of the Northwest Quarter (1/4) of the
SoUtheast Quarter (1/4) of Section Two (2), Township Seventeen
(~7) North, Range Three (3) East, containing Twenty (20) acres,
more or less, in Clay Township, Hamilton County, indiana.
h~on ~. C~eTT¥,~eCO~ .....