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Home My WebLink AboutZ-496-06 Rezone 122nd/Penn -^ ;, Sponsor: Councilor Rattermann ORDINANCE Z-496-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, CHANGE OF ZONING CLASSIFICATION, REZONING OF 27+ ACRES OF REAL ESTATE AT NORTHEAST CORNER OF 122ND STREET AND PENNSYLVANIA STREET FROM R-l/RESIDENTIAL AND M-3/MANUFACTURING PARK TO B-3/BUSINESS ZONING CLASSIFICATION WHEREAS, pursuant to Indiana Code 936-7-4-600 et seq., the Common Council of the City of Carmel, Indiana, has lawfully 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, Hamilton County, Indiana, which Zoning Ordinance has been codified in Chapter 10 of the Carmel City Code; and WHEREAS, pursuant to the Indiana Code 936-7-4-602, the Common Council is authorized to amend the map that is part of the Zoning Ordinance; and WHEREAS, the Carmel Plan Commission has rendered a unanimous favorable recommendation regarding a request to rezone certain real property, the legal description of which is attached hereto and incorporated herein by reference as Exhibit "A" (hereafter "Real Estate"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel, Indiana, as follows: Section I: The official Zoning Map accompanying and made part of the Zoning Ordinance is hereby amended to change the zoning classification of the Real Estate from the R-I and M-3 zoning classi fications to the B-3/Business zoning classification. Section II: All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shaIr 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, Indiana, this 1l.D +t-- day of , 2006, by a vote of ( ayes and ~nays. COMMON COUNCIL FOR THE CITY OF CARMEL A~ +l "'-+- Prfse_n.ted by me to the Mayor of the City of Carmel, Indiana this I ~ day of ~ ,2006, at l:SO P.M. ~ Diana L. Cordray, IAMC, Clerk T ~ by me, Mayor of.the City of Carmel, Indiana, this liJI -J.~ay of " f:) ,2006, at 1.50 . mes Brainard, Mayor Prepared by: Paul G. Reis, Bose McKinney & Evans LLP, 600 East 96th Street, Suite 500, Indianapolis, IN 46240. EXHIBIT A Lel!al Description Panattoni Development Parcel A part of the West Half of the Northeast Quarter of Section 35, Township 18 North, Range 3 East of the Second Principal Meridian in Hamilton County, Indiana, being more particularly described as follows: Commencing at the northeast comer of said West Half of the Northeast Quarter; thence South 00 degrees 06 minutes 12 seconds East (assumed bearing) along the East line thereof a distance of 1160.20 feet to the Point of Beginning; thence continuing South 00 degrees 06 minutes 12 seconds East along said East line a distance of 922.14 feet to the north right-of-way line of 122nd Street as described in a deed recorded as Instrument #200300018025 in the Office of the Recorder of Hamilton County, Indiana; thence South 88 degrees 49 minutes 16 seconds West along said north right-of-way line a distance of 1266.62 feet; thence North 44 degrees 34 minutes 41 seconds West along said north right-of-way line a distance of 41.29 feet; thence South 89 degrees 52 minutes 29 seconds West a distance of 2.37 feet to the east right-of-way line of Pennsylvania Street as described in a deed recorded as Instrument #200300029019 in said Recorder's Office; thence North 00 degrees 07 minutes 31 seconds West along said east right-of-way line a distance of 888.80 feet; thence North 88 degrees 40 minutes 34 seconds East parallel with the North line of said Half Quarter a distance of 1298.33 feet to the Point of Beginning, containing 27.41 acres, more or less. COMMON COUNCIL CITY OF CARMEL, INDIANA September 18, 2006 Proposed Ordinance No. Z-496-06 Rezone of Parcel at Northeast Corner of 1220d Street & Pennsylvania Street R-lIM-3 zoning classifications to B-3/business classification o trn P.A N. AT_T.O.Nr PANATTONIDEVELOPMENT COMPANY, LLC Paul G. Reis, Esq. BOSE McKINNEY & EVANS LLP ATTORNEYS AT LAW COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA Proposed Ordinance No. Z-496-06 Rezone of Parcel at Northeast Corner of 122nd Street & Pennsylvania Street lffi PAN AT TON " PANATTONI DEVELOPMENT COMPANY, LLC INFORMATION PACKET TABLE OF CONTENTS 1. Proposed Ordinance 2. Aerial Photo of Site and Surrounding Area 3. Current Zoning Map 4. Site Plan 5. Legal Description Panattoni Rezone Aerial Photo of Site A Panattoni Rezone Area Zoning Map ":,~~,-'~ ,111 , " .,~ :.: ~" ,~'''T'' ':'.:1'; :r'<'. ~ .,,' !~I ~",I1.I'II"I!ii"" 1\,ilJ.' .", < '"J, .-," , " '~"~~''''''''I,;':,' '. rrr,~.",,,,,,,~"ll"" I II'. 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CERTIFICATION OF THE CARMEL PLAN COMMISSION'S ~COMMENDATION ON THE PETITION OF PANATTONI DEVELOPMENT TO REZONE PROPERTY LOCATED ON THE NORTHEAST CORNER OF 122Nn STREET AND PENNSYLVANIA STREET PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-496-06 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Plan Commission offers you the following report on the application (Docket No. 06060004 Z) of Panattoni Development, petitioning the Commission for a favorable recommendation to rezone property located on the northeast corner of 122"d Street and Pennsylvania Street from RllResidential and M3/lndustrial Park to B3/Business to allow for the development of an office park. The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE." At its regularly scheduled meeting on August 15, 2006, the Carmel Plan Commission voted eight (8) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-496-06 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7- 4-608(1)(4), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of this Certification (September 5, 2006) is Sunday, December 1, 2006. CARMEL PLAN COMMISSION BY#~~ @o7z/v".A00 Vd'erry c> manczuk, Presid1fnt ~ ST: . R mona Hancock, Secretary armel Plan Commission Dated: September 5, 2006 2006.0905; ZA96_06122ND & PENN CERTIFICATION 09-05-J6Al1:12 RCVO