The URL can be used to link to this page

Home My WebLink AboutFindings of Fact J' o u ( CARMEL/CLAY PLAN COMMISSION CARMEL, INDIANA Docket No.: 65-01-PV Petitioner: GBW. LLC et a1. FINDINGS OF FACT (Ballot Sheet) 1. 2. 3. DATED this l~day of July, 2001. ~~J~ COMMISSION ME ER / F:\UaCI\Jrmct\GenIunan\F ofF Plat Vacation.wpd j. o Q CARMEL/CLA Y PLAN COMMISSION CARMEL, INDIANA Docket No.: 65-01-PV Petitioner: GBW. LLC et ale I. FINDINGS OF FACT 1. Conditions in the olatted area have chanaed so as to defeat the oriainal ouroose of the olat and the covenants because there have been fundamentally changed circumstances including (i) the construction ofl-465, which, essentially, severed the College Hills subdivision into a northern section, north of 1-465 and southern section, south ofI-465 (ii) the increased intensity ofI-465, (iii) the commercial development, varying in character and quality, that envelopes the southern section of College Hills on the east and west, and the large apartment complexes to the immediate south. In light of these changed circumstances, all of the owners of the southern section of College Hills have made application to vacate the plat, covenants, public utilities and public rights of way located within the southern section and, further, have requested a change in zoning classification to permit the redevelopment of the southern section for office use. These changed conditions defeat the original purpose of the plat and covenants. 2. It is in the oublic interest to vacate the olat. covenants. ri2hts-of-wav and easements for utilities within the olat because there have been fundamentally changed circumstances including (i) the construction of 1-465, which, essentially, severed the College Hills subdivision into a northern section, north of 1-465 and southern section, south ofI-465 (ii) the increased intensity ofI-465, (iii) the commercial development, varying in character and quality, that envelopes the southern section of College Hills on the east and west, and the large apartment complexes to the immediate south. In light of these changed circumstances, all of the owners of the southern section of College Hills have made application to vacate the plat, covenants, public utilities and public rights of way located within the southern section and, further, have requested a change in zoning classification to permit the redevelopment of the southern section for office use. These changed conditions defeat the original purpose of the plat and covenants. 3. The value of that oart of the land in the olat not owned bv the Petitioner will not be diminished bv vacation because the construction of 1-465 essentially severed College Hills into two (2) separate and distinct subdivisions, namely a northern section of College Hills, north of 1-465 and a southern section of College Hills, south ofI-465. This plat vacation pertains only to the southern section, and is supported by all of the owners in the southern section. The vacation of the plat, covenants, public utilities, public rights of way in the southern section, will not diminish the value of or have any affect upon the northen section, north of 1-465. II. EFFECTIVE DATE This vacation of the plat, covenants, rights-of-way, and easements for utilities within that part of the plat of College Hills made the subj ect of this request shall be effective upon the occurrence of all of the following events: i- _.' .. o o i '" . 1. The annexation of the subject real estate to the City of Cannel, Indiana; and 2. The acquisition after July 17, 2001, by Gershman Brown & Associates, Inc., and/or Duke Realty Corporation, and/or their successors and assigns, of title to some or all of the lots located within the real estate made the subject of this request; and 3. The commencement of construction of the redevelopment of the subject real estate for office use in accordance with the rezoning of the real estate under Ordinance No. Z-362-01. DECISION IT IS THEREFORE the decision of the Carmel/Clay Plan Commission that the Petitioner's request under Docket No. 65-0 I-PV is granted and that, therefore, the plat of (i) Lots 27 through 35, inclusive, Lots 123 through 130, inclusive, Lots 70 through 87, inclusive, and the part of Lots 36, 69, 88, and 122 lying south of the right-of-way ofI-465 in College Hills as recorded in the Office of the Recorder of Hamilton County, Indiana, in Plat Book 119, Page 30, and (ii) all public rights-of-way and streets and utility easements contained within or adjacent to the part ()f College Hills created by the above-described lots and (iii) the covenants and plat restrictions of College Hills as applicable to the above-described lots and public rights- of-way and streets are and shall be vacated, such vacation being effective immediately upon the occurrence of all of the events specified in n above entitled "Effective Date". ADOPTED this 17th day ofJuly, 2001. CHAIRPERSON Cannel/Clay Plan Commission SECRETARY Cannel/Clay Plan Commission ~- jJ~ tM4 CARMEL/CLA Y PLAN COMMISSION CARMEL, INDIANA Docket No.: 65-01-PV Petitioner: GBW. LLC et a1. FINDINGS OF FACT (Ballot Sheet) 1. 2. 3. DATED this l']lh day of July, 2001. fJ-y l-L \~ COMMISSION :MEMBER F:\Uscr\1anct\GersIunan\F ofF Plat VllClllion.wpd o o t~ CARMEUCLAY PLAN COMMISSION CARMEL, INDIANA Docket No.: 65-01-PV Petitioner: GBW. LLC et al. FINDINGS OF FACT (JIallot Sheet) 1. 2. 3. DATED this 1 -ph day of July, 2001. F:\Uscr\Janct\GersIunan\F ofF Plat Vacation.wpd o o . ,> CARMEUCLA Y PLAN COMMISSION CARMEL, INDIANA Docket No.: 65-01-PV Petitioner: GBW. LLC et aI. FINDINGS OF FACT (Ballot Sheet) 1. 2. 3. DATED this 1 -ph day of July, 2001. ~~~ COMMlSSION MEMBER F:\User'Janet\Ger8hman\F ofF Plat Vacation.wpd ,.. o o l CARMEL/CLAY PLAN COMMISSION CARMEL, INDIANA Docket No.: 65-01-PV Petitioner: GBW. LLC et al. FINDINGS OF FACT (Ballot Sheet) 1. 2. 3. DATED this 1']lh day of July, 2001. ~c- ~~.~- ~ ==:- COMMISSION MEMBER F:\User\1anet\Genhman\F ofF Plat Vacation.wpd o o .. CARMEL/CLA Y PLAN COMMISSION CARMEL, INDIANA Docket No.: 65-01-PV Petitioner: GBW. LLC et ale FINDINGS OF FACT (Ballot Sheet) 1. 2. 3. DATED this l"fh day of July, 2001. Qa~ CO SSION :MEMBER F:\Uscr\.T8IIet\Genhman\F ofF Plat Vacation.wpd _L _ _ _ ____ ~ o Q CARMEUCLAY PLAN COMMISSION CARMEL, INDIANA Docket No.: 65-01-PV Petitioner: GBW. LLC et aI. FINDINGS OF FACT Qlallot Sheet) 1. 2. 3. DATED this 1 ~ day of July, 2001. iJ/~?~ /COMMISSION MEMBER F:\User'J8IIet\Gmhman\F ofF Plat Vacation.wpd , o o CARMEL/CLA Y PLAN COMMISSION CARMEL, INDIANA Docket No.: 65-01-PV Petitioner: GBW. LLC et aI. FINDINGS OF FACT (Ballot Sheet) 1. 2. 3. DATED this I-ph day of July, 2001. ~ F:\User\1anet\Genhman\F ofF Plat Vacation.wpd ~ o o CARMEL/CLAY PLAN COMMISSION CARMEL, INDIANA Docket No.: 65-01-PV Petitioner: GBW. LLC et ale FINDINGS OF FACT (Ballot Sheet) 1. 2. 3. DATED this 1 ~ day of July, 2001. ~' C MMISSION ~MB;;-- F:\User\Janet\GerBhman\F ofF Plat Vacation.wpd ~ o o CARMEL/CLA Y PLAN COMMISSION CARMEL, INDIANA Docket No.: 65-01-PV Petitioner: GBW. LLC et aI. FINDINGS OF FACT (Ballot Sheet) 1. 2. 3. DATED this 1 Th day of July, 2001. '}~~{l#l . COMMI ION ER \....../ F:\User\1I111Ct\Gersbman\F ofF Plat Vacation. wpd '" o o I' CARMEL/CLA Y PLAN COMMISSION CARMEL, INDIANA Docket No.: 6S-01-PV Petitioner: GBW. LLC et al. I. FINDINGS OF FACT 1. Conditions in the platted area have chana:ed so as to defeat the oria:inal puroose of the plat and the covenants because there have been fundamentally changed circumstances including (i) the construction ofI-465, which, essentially, severed the College Hills subdivision into a northern section, north of 1-465 and southern section, south ofI-465 (ii) the increased intensity ofI-465, (iii) the commercial development, varying in character and quality, that envelopes the southern section of College Hills on the east and west, and the large apartment complexes to the immediate south. In light of these changed circumstances, all of the owners of the southern section of College Hills have made aPplication to vacate the plat, covenants, public utilities and public rights of way located within the southern section and, further, have requested a change in zoning classification to permit the redevelopment of the southern section for office use. These changed conditions defeat the original purpose of the plat and covenants. 2. It is in the public interest to vacate the plat, covenants. rilZhts-of-wav and easements for utilities within the plat because there have been fundamentally changed circumstances including (i) the construction of 1-465, which, essentially, severed the College Hills subdivision into a northern section, north of 1-465 and southern section, south ofI-465 (ii) the increased intensity ofI-465, (iii) the commercial development, varying in character and quality, that envelopes the southern section of College Hills on the east and west, and the large apartment complexes to the immediate south. In light of these changed circumstances, all of the owners of the southern section of College Hills have made application to vacate the plat, covenants, public utilities and public rights of way located within the southern section and, further, have requested a change in zoning classification to permit the redevelopment of the southern section for office use. These changed conditions defeat the original purpose of the plat and covenants. 3. The value of that part of the land in the plat not owned bv the Petitioner will not be diminished bv vacation because the construction of 1-465 essentially severed College Hills into two (2) separate and distinct subdivisions, namely a northern section of College Hills, north of 1-465 and a southern section of College Hills, south ofI-465. This plat vacation pertains only to the southern section, and is supported by all of the owners in the southern section. The vacation of the plat, covenants, public utilities, public rights of way in the southern section, will not diminish the value of or have any affect upon the northen section, north of 1-465 . II. EFFECTIVE DATE This vacation of the plat, covenants, rights-of-way, and easements for utilities within that part of the plat of College Hills made the subject of this request shall be effective upon the occurrence of all of the following events: ~~ __ ~ J_____u .' u o 1. The annexation of the subject real estate to the City of Cannel, Indiana; and 2. The acquisition after July 17, 2001, by Gershman Brown & Associates, Inc., and/or Duke Realty Corporation, and/or their successors and assigns, of title to some or all of the lots located within the real estate made the subject of this request; and 3. The commencement of construction of the redevelopment of the subject real estate for office use in accordance with the rezoning of the real estate under Ordinance No. Z-362-01. DECISION IT IS THEREFORE the decision of the CarmeVClay Plan Commission that the Petitioner's request under Docket No. 65-0 I-PV is granted and that, therefore, the plat of (i) Lots 27 through 35, inclusive, Lots 123 through 130, inclusive, Lots 70 through 87, inclusive, and the part of Lots 36,69,88, and 122 lying south of the right-of-way ofI-465 in College Hills as recorded in the Office of the Recorder of Hamilton County, Indiana, in Plat Book 119, Page 30, and (ii) all public rights-of-way and streets and utility easements contained within or adjacent to the part of College Hills created by the above-described lots and (Hi) the covenants and plat restrictions of College Hills as applicable to the above-described lots and public rights- of-way and streets are and shall be vacated, such vacation being effective immediately upon the occurrence of all of the events specified in II above entitled "Effective Date" . ADOPTED this 17th day ofJuly, 2001. !l1~AJdt/$fl CHAIRPE N Cannel/Clay Plan Commission SECRETARY Cannel/Clay Plan Commission .' . u o t CARMEUCLA Y PLAN COMMISSION CARMEL, INDIANA Docket No.: 65-01-PV Petitioner: GBW. LLC et a1. FINDINGS OF FACT (Ballot Sheet) 1. 2. 3. DATED this 1']1h day of July, 2001. Wk1 MBER F:\Uscr\Janct\Ger8hman\F ofF Plat Vacation.wpd J. ___