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Home My WebLink AboutZ-466-05 Rezone/105 1st Ave. NE/The Ginkgo TreeSPONSOR: COUNCILOR RATTERMANN ORDINANCE NO. Z-466-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING DISTRICT CLASSIFICATION Rezoning the Property located a! 105 lS* A ye NEff'om the R-3/Residence District Class!ficalion to the B-1/Business District Classification. WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfidly adopted' a zoning ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamiltou County, Indiana, which zoning ordinance has been codified in Chapter 10 of tile Carmel City Code; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend tile map that is part of the zoning ordinance; and WHEREAS, the Carmel/Clay Plan Commission has favorably recommended the rezoning of the real property, the legal description and location map of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. That the Official Zoning Map accompanying and made part of tile Zoning Ordinance is hereby changed to designate the real property from the R-3/Residence District Classification to tile B-I/Business District Classification. Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance No. Z-466-05 PASSED by the Common Council of the City of Carmel, Indiana this '7 4.k day of .o'~~. , 2005, by a vote of s7' ayes and D nays. COMMON COUNCIL FOR THE CITY OF CARMEL //~:r~i//ATTEi~i~s, DiStrict 4~/ ~ Rick Sharp', l~trict I Diana L. Cordray, IAMC, ~surer Ordinance No. Z-466-05 Presented by me to the Mayor of the CiD, of Carmel, Indiana this <~ ~ day of~.~, 2005, at ~ :O0 ~_.M. Diana L. Cordray, IA surer Ordinadna;5ol~05 Ap~o{~;e, datbSn~k~.Ma/.~(~i~lof the City of Carmel, Indiana, this e ATTEST: Diana L. Cordrav. IAMC, Clerk-Treasurer ._ Prepared by: jennifer Hartmann Petitioner 105 I~ Ave NE Carmel, IN 46032 Jamef/Brainard, Mayor EXHIBIT A LEGAL DESCRIPTION & LOCATION MAP Lot numbered nine (9) in Carey's Addition to the City of Carmel in Hmnilton County, Indiana, ~ts= per plat thereof, recorded in deed record 97, page 18 in the office of the recorder at Hamilton ' County, Indiana. Exgept 72 t/= feet offthe East end of the lot numbered nine (9). Also known as Tax Parcel ID number 16-10-30-09-02-020.000. 'The. ,GIN T ee 317-8 4,4-6-5 -4:6 24" X :29" AL:U:'MALITE PANEL WHITE W/BURG'UN. DY & ,'GO LD :GRA:P:HICS Page 1 of l · file://C:\Documents and Settings\Jenny\My Documents~ly Picmres\editnosigndsf0l.JPG 12/4/2004 Map1 Roads Zoning Interstate US Highway State Road Major Roads Minor Roads Subdivision Roads New Subdivision Roads Private Road or Drive Parcels 07~2004 Carmel Clay Zoning iB-2 B-3 B-5 B-6 SCALE 1 ~'~ 200 0 200 FEET 5,315 6O0 N http://216.37.62.70/map/carmel.mwf Tuesday, December 21, 2004 11:44 AM PLAN cOMMISSION'S. RECOMMENDATION ON THE'PETITION OF CARL & JENNIFER ltARTMANN TO REZONE A PROPERTY LOCATED AT 105 FIleT AVE NE IN C~L:OLD .TOWN: -' P~U~ TO~A e0DE 36~7~4~05 ORDINANCE No.. Z466-04 .The Honorable' Common'Council of th6 City,0f Carmel · ' ' coqn~ty, Thei'Carmil/i/ian :(}oni~ission ~ffers 5{ou the.foi~owln~ ~-~ort. On th~ application (D6cket.No. 04060026 0fCa/'l & ~Je~f~ H.aruii~ann.~' l~titi0ning the ¢o~!.~ion f0!': a fa~0r%!e, r¢commendafig.n. ~t9 ~ez'one prope?ty:lO~ated'at "1'~5' Fir,~!.Aye NE. :.~om ~e.K}31/Residence:Z°ning Ciassifi~ati0nito the B4musiness ~iasiificati~nwithincarmel,is:Old:Town/¢haraeter:Sub_area ~ · ·.: .· ~e carmel Plan c0~,sion~greg°rnmendafi°n :on the pet~iion of. the :apPlicant iS:"FAVO~[E2' ~t.its:'regiiiariy SehedNed.'rtieeting?on. Nove~iber.l:6, 2004, the ~- amiel Phin Commisgi0n ~oted nine (9) in Fav0i~..'zei-o '(0)'oppos~i:l; ~.ei-0.(0):.AbStainia~,.'to forwayd.'..io the C0mmofi.c0unei1 th~' prgpgSeld.Ordinance NO: Z4iJ6,04'With: a Favorable Recommendation., · Pii/a~ ' '~1 "ed'that of · p1 ........ s F' ·able datiop · uant t IC be..a ws . by vn'tue -the an Cormm~sx0n' ayor Reqommen ,:p,.uxs o- 36-7. .~608(t)(~);:t&~'Counei! has ninety (90):days to, act on this pe$i.tion befor9 it bee0mes effeetive'as.Cer{ifie(2 by. the C0mm/ssign: Ninegt days from ~the date of this Cei'tifieati0niCNovember 17; 2004) is Tuesday~ February. 15(2005, Ra~na .[-l~t~n~.b~,, ~ecreta Try - ,...~ . .-~- . Carmel PlanCommission Dated: November 17, 2004, 2004-1116: Z-4664}4: Carev's Add'ri. Lot 9(mi PC Certification· 17-11-04P0~:0i RC'¥D' November 8, 2004 Jennifer Hartmann 105 1st Avenue N.E. Carmel, IN 46032 To: City of Carmel - Department of Planning and Zoning Cc: Phil Endres, 111 1st Street N.E. Subject: The rezoning application for 105 1st Avenue N.E. (Docket No. 04060026 Z: . Carey's Addition, Lot 9 [pt]) from R-3/Residence to B-l/Business This is a letter of intent issued to formally state that all employees working at the said subject premises will be notified that the driveway of the neighboring property to the south, 111 1st Street N.E., is not to be accessed at any time. Jennifer!Hartmann , . November 8, 2004 Jennifer Hartmann 105 1st Avenue N.E. Carmel, 1N 46032 To: City of Carmel - Department of Planning and Zoning Subject: The rezoning application for 105 1st Avenue N.E. (Docket No. 04060026 Z: Carey's Addition, Lot 9 [ptl) from R-3/Residence to B-l/Business This is a letter of intent to formally state that the garage on the said subject premises will be used as available employee parking at which point the property begins to be used for B-1 business use. Jermi fer ~artmann January 13, 2005 Jennifer Hartmann 105 1st Avenue N.E. Carmel, 1N 46032 To: City of Carmel Subject: The rezoning application for 105 1st Avenue N.E. (Docket No. Z-466-04): Carey's Addition, Lot 9 [pt]) from R-3/Residenc¢ to B-l/Business As part of the rezoning of 105 1st Ave. N.E., we will commit to allowing a maximum of two employee vehicles parked on-site. All additional employees will be instructed to use the Lion'S Club public lot to park their vehicles. Jennifer Ha~tmann January 13, 2005 Jennifer Hartmann 105 Ist Avenue N.E. Carmel, IN 46032 To: City of Carmel Subject: The rezoning application for 105 1s~ Avenue N.E. (Docket No. Z-466-04): Carey's Addition, Lot 9 lPtl) from R-3/Residence to B-l/Business As part of the rezoning of 105 Ist Ave. N.E., we will commit to allowing a maximum of two employee vehicles parked on-site. All additional employees will be instructed to use the Lion's Club public lot to park their vehicles. Jennifer I tartmann COMMITIMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE The undersigned, Jennifer Hartmann (hereafter "Owner"), the Contract Purchaser of the following described real estate located in Hamilton Count3', lndiana (hereafter "Real Estate"), makes the following Commitments concerning the use and development of Real Estate to the Clay Plan Commission ("Commission"). 1. Description of Real Estate. See Exhibit "A" hereto ("Real Estate"). 2. Docket No. Z-466-04 (Carey's Addition Lot 9) 3. Statement of Commitments. A. Owner Commits to the following 1. As a part of the rezoning of 105 1s~ Ave. NE, we will have all employees, with the exception of two, use the public parking lot at the Lion's Club as a parking area. Binding on Successors and Assigns. These commitments are binding 'on the Owner of the Real Estate, each subsequent Owner of the Real Estate and each other person acquiring an interest in the Real Estate from the Owner. These commitments 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. Effectiveness. These commitments are a condition to the approval by the Commission of Carey's Addition Lot 9 Docket # Z-466-04. Recording. The undersigned hereby authorizes the Secretary of the Commission or the Director of the Department pf the Community Services to record these Commitments in the Office of the Recorder of Hamilton County, Indiana following the approval of Carey's Addition Lot 9 (105 1 st Ave. NE) Docket # Z-466-04. 7. Enforcement. The Commission and City of Carmel, Indiana may enforce these commitments. Ex~~ B?: Jennifer J. Hartmann Its: Owner State of Indiana ) )SS County of Hamilton ) Subscribed and sworn before me, a Notary Public, in said County and State, appeared Jennifer J. Hartmann, the Owner of Carey's Addition Lot 9 (105 P~Ave NE) and has acknowledged the execution of the foregoing Commitments concerning the use of the Loin's Club parking lot for all employees with the exception of two. WITNESS my hand and Notarial Seal this My Commission Expires: o/ Residing in ~County This document prepared by Jennifer J. Hartmann, The Ginkgo Tree, 105 1s~ Ave. NE, Carmel, Indiana 46032, (317)-844-6546. EXHIBIT A LEGAL DESCRIPTION Lot numbered nine (9) in Carey's Addition to the City of Carmel in Hamilton Cotmty, Indiana, as per plat thereof, recorded in deed record 97, page 18 in the office of the recorder at Hamilton County, Indiana. Except 72 ½ feet off the East end of the lot numbered nine (9).