HomeMy WebLinkAboutPlat Vacation ExplanationEx. C LOR - Plat Vacation Explanation 04.10.23
EXHIBIT ‘C’
PLAT VACATION EXPLANATION OF REQUEST
The applicants, the Carmel Redevelopment Commission (“CRC”) and LOR Corporation
(“LOR”) have jointly filed a request to vacate certain lots within part of the Warren and Phelps and
Davis and Bales subdivision plats in order to advance the development of a boutique three-story
mixed-use development in the heart of Midtown Carmel that will face toward Rangeline Road, as well
as eleven (11) townhomes that will face toward 1st Avenue SE with garages oriented internally to the
west.
The plat vacation request pertains to six (6) parcels that are currently owned by the CRC and
consist of approximately one and one-half (1.5) acres located between Rangeline Road and 1st Avenue
SE (west to east) and 1st Street SE to the north and Supply Street to the south (“Real Estate”).
The Real Estate is the subject of an approved redevelopment effort in coordination with the
CRC. The four (4) parcels adjacent to Rangeline Road were the subject of rezone approval to the C-2
Mixed Use District per Ordinance Z-617-16 by the Common Council on May 16, 2016 and four (4)
parcels adjacent to 1st Avenue SE were the subject of rezone approval also to the C-2 Mixed Use
District per Ordinance Z-677-22 by the Common Council on November 22, 2022. As a result of the
two prior rezone approvals the entire Real Estate is currently zoned C-2 Mixed Use District
(collectively, the “Rezones”). The Rezones have allowed for the advancement of redeveloping the Real
Estate. For each of the two (2) rezone approvals, the Plan Commission and Common Council paid
reasonable regard to the Carmel Clay Comprehensive Plan; the current conditions and the character of
current structures and uses in the district; the most desirable use for which the land is each district is
adapted; the conservation of property values throughout the City of Carmel and Clay Township; and,
responsible development and growth.
The circumstances prompting this plat vacation request relate to the fact that the portions of the
plats for which the vacation request applies (see attached Exhibit) no longer serve their original
purpose, as circumstances have changed due to the rezoning of the Real Estate to C-2 Mixed Use
District, which necessitates the plat vacation request in order to advance the approved Development
Plan for the Real Estate. As a result, the conditions in the platted area have changed so as to defeat the
original purpose of the two subject plats; it is in the public interest to vacate part of the plats that
contain the Real Estate to advance the redevelopment of the Real Estate pursuant to its C-2 Mixed Use
District zoning classification; and, the value of that part of the land in the plats not owned by the
applicants will not be diminished by the vacation of a portion of those plats, as the decision by the
Common Council to rezone the Real Estate contemplated a Mixed-Use development on the Real Estate
and the approved Development Plan for the Real Estate complies with the Carmel Unified
Development Ordianance.
Included with this plat vacation request is a legal description of the Real Estate to be vacated
from portions of the Warren and Phelps and Davis and Bales subdivision plats, as well as a list from
the Hamilton County, Indiana’s Auditor’s Office listing the names and addresses of the other owners in
the Warren and Phelps subdivision plat and the Davis and Bales subdivision plat.
Further, in the event there are any recorded Covenants pertaining the Real Estate, the CRC and
LOR also request those Covenants be vacated.