HomeMy WebLinkAboutZ-680-23/Rosie's Gardens RezoneSponsor: Councilor Green and Aasen
ORDINANCE Z-680-23
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF CARMEL, INDIANA
Synopsis: An ordinance changing the zoning of approximately 14.63 acres of land
located at 10402 North College Avenue from the R-1 district and the B-1 district to the B-3
district classification and removal of 2.47 acres from the Business District Sub-Area of the
Home Place Overlay District
WHEREAS, pursuant to Indiana Code §36-7-4-600 et seq., the Common Council of the
City of Carmel, Indiana, has lawfully adopted a Unified Development Ordinance (the “UDO”),
the terms of which are applicable to the geographic area consisting of the incorporated area of
the City of Carmel, and the unincorporated area of Clay Township, Hamilton County, Indiana,
which UDO has been codified in Chapter 10 of the Carmel City Code;
WHEREAS, pursuant to the Indiana Code §36-7-4-602, the Common Council is
authorized to amend the map that is part of the UDO, and;
WHEREAS, the Carmel Plan Commission Commercial Committee under docket
number PZ-2022-00191 Z has rendered a 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 the “Rezone Real Estate”), and;
WHEREAS, said request includes the removal of certain real property from the
applicable overlay zone sub-area, the legal description of which is attached hereto and
incorporated herein by reference as Exhibit B (hereafter the “Overlay Removal Real Estate”).
NOW, THEREFORE, BE IT ORDAINED by the Council, meeting in regular session,
that the Carmel UDO and Zoning Map are hereby amended as follows:
Section I: The official Zoning Map accompanying and made part of the UDO is
hereby amended to change the zoning classification of the Rezone Real Estate from the R -
1/Residence and B-1/Business District to the B-3/Business District zoning classification.
Section II: The official Zoning Map accompanying and made part of the UDO is
hereby amended to remove the Business District Sub-Area of the Home Place Overlay District
from the Overlay Removal Real Estate.
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Section III: Of the land uses deemed permitted in the Land Use Matrix of the UDO,
this ordinance further restricts the Overlay Removal Real Estate by prohibiting other uses,
attached hereto and incorporated herein by reference as Exhibit C.
Section IV: All prior ordinances or parts thereof inconsistent with any provision of
this Ordinance are hereby repealed.
Section V: This Ordinance shall 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 Cannel, Indiana, this ____ day of
_______ , 2023, by a vote of ________ ayes and _______ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Jeff Worrell, President Laura D. Campbell, Vice-President
Sue Finkam Kevin D. Rider
Anthony Green Teresa Ayers
Timothy J. Hannon Miles Nelson
Adam Aasen
ATTEST:
Sue Wolfgang, Clerk
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9February 0
6th
Presented by me to the Mayor of the City of Carmel, Indiana this ___ day of
_________________ 2023, at __ .M.
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this ____ day of
______________________ 2023, at ________ .M.
James Brainard, Mayor
ATTEST:
Sue Wolfgang, Clerk
This instrument was prepared by Kathleen E. Boaz, Church Church Hittle + Antrim, Two North Ninth Street,
Noblesville, Indiana 46074, (317) 773-2190.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security
number from this document, unless it is required by law. Kathleen E. Boaz.
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EXHIBIT A
Legal Description (Rezone Real Estate)
Part of the Northeast Quarter of Section 11, Township 17 North, Range 3 East, in Clay Township,
Hamilton County, Indiana, described as follows:
Commencing at the Northeast corner of the Northeast Quarter of Section 11, Township 17 North, Range 3 East;
thence South 00 degrees 01 minutes 16 seconds West (assumed bearing) on the East line of said Northeast
Quarter [137.80 feet Deed (1137.87 feet measured); thence South 88 degrees 59 minutes 00 seconds West parallel
with the North line of said Northeast Quarter 431.86 feet to the place of beginning of the real estate herein
described; thence North 00 degrees 01 minutes 16 seconds East parallel with said East line 269.85 feet to an iron
pin located 162.20 feet South 00 degrees 01 minutes 16 seconds West of the South line of College Plaza, as per plat
thereof, recorded in Deed Record 135, pages 360-361, in the Office of the Recorder of Hamilton County, Indiana;
thence South 88 degrees 56 minutes 24 seconds West parallel with the South line of said College Plaza 911.36 feet
to the West line of the Northeast Quarter of said Northeast Quarter, thence South 00 degrees 00 minutes 30
seconds West on said West line 269.17 feet to a line, which bears South 88 degrees 59 minutes 00 seconds West
from the place of beginning; thence North 88 degrees 59 minutes 00 seconds East on said line parallel with the
North line of said Northeast Quarter 910.27 feet to the place of beginning. Together with Grantors Rights under
an Easement dated July 31, 1978 recorded October 3, 1978 in Book 37, page 780 and assigned to Grantor by
Warranty Deed dated April 21, 1989 and recorded as Instrument Number 8908254, in the Office of the Recorder
of Hamilton County, Indiana.
EXCEPT:
Beginning at the Northeast corner of the Northeast Quarter of Section 11, Township 17 North, Range 3 East; thence
West along the North line of a 5.635 acre tract owned by R. Borcherding, a distance of 455 feet; thence South a
distance of 269.51 feet to the South line of said Borcherding Tract; thence East, along said South line a distance of
455 feet; thence North, parallel with the East line of the Northeast Quarter of Section 11, Township 17 North, Range 3
East, a distance of 269.51 feet to the point of beginning.
ALSO:
Part of the Northeast Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County,
more particularly described as follows:
Beginning a the Northeast corner of the Northeast Quarter of Section 11, Township 17 North, Range 3 East; thence
West along the North line of a 5.635 acre tract owned by R. Borcherding, a distance of 455 feet; thence South a
distance of 269.51 feet to the South line of said Borcherding Tract; thence East, along said South line a distance of
455 feet; thence North, parallel with the East line of the Northeast Quarter of Section 11, Township 17 North, Range
3 East, a distance of 269.51 feet to the point of beginning. Together with Grantor's rights under a Grant Of Access
Easement dated July 30, 1986 and recorded September 3, 1986 in Book 4, page 421 as Instrument Number
8618782, in the Office of the Recorder of Hamilton County, Indiana.
ALSO:
A part of the Northeast Quarter of Section 11, Township 17 North, Range 3 East of the Second Principal
Meridian in Clay Township, Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Northeast corner of the Northeast Quarter of Section 11, Township 17 North, Range 3
East, Hamilton County, Indiana; thence South 00 degrees 00 minutes 28 seconds East (basis of bearings)
on and along the East line of said Northeast Quarter 1235.1 feet; thence South 88 degrees 57 minutes 31
seconds West parallel with the North line of said Northeast Quarter 338 feet to the POINT OF
BEGINNING of this description; thence continuing South 88 degrees 57 minutes 31 seconds West
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parallel with the North line of said Northeast Quarter 639.02 feet to the East line of real estate
described in Instrument #96 -38053 on file in the Office of the Recorder of Hamilton County, Indiana,
said East line being the Northerly prolongation of the East line of Ruckle Street; thence South 00
degrees 00 minutes 28 seconds East on and along the East line of said real estate and parallel with the
East line of said Northeast Quarter 95.70 fe et to the South line of the Northeast Quarter of said
Northeast Quarter, said South line also being on the North line of Harry Bowser's North Ridge Addition
as per plat thereof recorded in Deed Record 121, pages 400 -401 on file in said Recorder's Office; t hence
North 89 degrees 01 minutes 57 seconds East on and along the South line of the Northeast Quarter of
said Northeast Quarter and along the North line of said Harry Bowser's North Ridge Addition 639.01
feet to a point 338 feet West of the East line of s aid Northeast Quarter; thence North 00 degrees 00
minutes 28 seconds West parallel with the East line of said Northeast Quarter 96.52 feet to the point of
beginning, containing 1.41 acres, more or less.
ALSO:
A part of the Northeast Quarter of Section 11, Township 17 North, Range 3 East of the Second Principal
Meridian in Clay Township, Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Northeast corner of the Northeast Quarter of Section 11, Township 17 North, Range 3
East, Hamilton County, Indiana; thence South 00 degrees 00 minutes 28 seconds East (basis of
bearings) on and along the East line of said Northeast Quarter 1137.80 feet to the Northeast corner of the
real estate described in Deed Record 283, page 387 on f ile in the Office of the Recorder of Hamilton
County, Indiana; thence South 88 degrees 57 minutes 31 seconds West parallel with the North line of
said Northeast Quarter and along the North line of said real estate 309.02 feet to a 5/8 inch diameter
rebar at the POINT OF BEGINNING of this description; thence continuing South 88 degrees 57 minutes
31 seconds West parallel with the North line of said Northeast Quarter 668.00 feet to the East line of the
real estate described in Instrument #96-38053 on file in said Recorder's Office, said East line being the
Northerly prolongation of the East line of Ruckle Street; thence South 00 degrees 00 minutes 28 seconds
East on and along the East line of said real estate and parallel with the East line of said Northeast
Quarter 97.30 feet; thence North 88 degrees 57 minutes 31 seconds East parallel with the North line of
said Northeast Quarter 668.00 feet to a 5/8 inch diameter rebar; thence North 00 degrees 00 minutes
28 seconds West parallel with the East line of said No rtheast Quarter 97.30 feet to the point of
beginning, containing 1.49 acres, more or less.
ALSO:
A part of the Northeast Quarter of Section 11, Township 17 North, Range 3 East, described as follows:
Begin at a point 1137.8 feet South of the Northeast corner of the Northeast Quarter of said Section; run
West parallel with the North line of said Quarter Section 1342.8 feet; thence South 97.3 feet; thence East
parallel with said North line 1342.8 feet to the East line of said Quarter Section; thence North on said East
line 97.3 feet to the place of beginning, containing 3 acres, more or less in Hamilton County, Indiana.
EXCEPT:
Part of the Northeast Quarter of Section 11, Township 17 North, Range 3 East in Clay Township, Hamilton
County, Indiana, described as follows:
Commencing at the Northeast corner of the Northeast Quarter of Section 11, Township 17 North, Range 3
East in Clay Township, Hamilton County, Indiana; thence South 00 degrees 00 minutes 28 seconds East
(assumed bearing) on the East line of said Northeast Quarter 1137.80 feet to the Northeast corner of the
real estate described in Deed Record 283, page 387 in the Office of the Recorder of Hamilton County,
Indiana; thence (this and the following 3 courses follow the boundary of Deed Book 283, page 387) South
88 degrees 57 minutes 31 seconds West parallel with the North line of said Northeast Quarter 309.02 feet
to a 5/8" rebar at the point of beginning of the real estate herein described; thence continuing South 88
degrees 57 minutes 31 seconds West parallel with said North line 1033.78 feet to a 5/8" rebar; thence
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South 00 degrees 00 minutes 28 seconds East 97.30 feet to a 5/8" rebar; thence North 88 degrees 57
minutes 31 seconds East parallel with the North line of said Northeast Quarter 1033.78 feet to a 5/8" rebar
which bears South 00 degrees 00 minutes 28 seconds East from the point of beginning; thence North 00
degrees 00 minutes 28 seconds West 97.30 feet to the Point of Beginning; containing 2.31 acres, more or
less.
ALSO:
Beginning 867.67 feet measured (867.6 feet Deed) South of the Northeast corner of the Northeast Quarter
of Section 11, Township 17 North, Range 3 East, and on the East line thereof; thence South on and along
aforesaid East line 270.2 feet; thence West parallel with the North line of said Northeast Quarter 200 feet;
thence North parallel with the East line of said Northeast Quarter 270.04 feet measured (270.2 feet
Deed); thence Easterly 200 feet to the place of beginning.
EXCEPTING THEREFROM:
That part of the above-described property conveyed to the Board of Commissioners of Hamilton County,
Indiana, by Warranty Deed recorded December 10, 2002, as Instrument Number 200200095519, in the
Office of the Recorder of Hamilton County, Indiana, described as follows:
A part of the Northeast Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County,
Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted on the
Right-of-Way Parcel Plat, attached thereto and marked as Exhibit "B", described as follows:
Beginning at a point on the East line of said section South 0 degrees 12 minutes 56 seconds West
215.030 meters (705.48 feet) from the Northeast corner of said section, said N ortheast corner being
designated as point "5" on said parcel plat, which point of beginning is the Northeast corner of the
grantor's land; thence South 0 degrees 12 minutes 56 seconds West 131.869 meters (432.64 feet)
along said East line to the Southeast corner of the grantor's land; thence South 89 degrees 10 minutes
42 seconds West 7.621 meters (25.00 feet) along the South line of the grantor's land to point "472"
designated on said parcel plat; thence North 0 degrees 12 minutes 56 seconds East 131.862 m eters
(432.62 feet) to the North line of the grantor's land at point "70" designated on said parcel plat;
thence North 89 degrees 07 minutes 31 seconds East 7.621 meters (25.00 feet) along said North line
to the point of beginning and containing 0.1005 hec tares (0.248 acres), more or less, inclusive of the
presently existing right -of-way which contains 0.0422 hectares (0.104 acres), more or less. The
portion of the above described real estate which is not already embraced within the presently existing
right -of-way contains 0.0583 hectares (0.144 acres), more or less.
ALSO:
That part of vacated 108th Street, North of Lots 97 and 98, as per Vacation order recorded November 16,
1965 in Book 87, page 100 as Instrument Number 10549, in the Office of the Recorder of Hamilton
County, Indiana.
ALSO:
A portion of the vacated 104th Street, being a part of the south Half of the Northeast Quarter of Section 11,
Township 17 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows:
Beginning at the Northeast corner of Lot 32 in Northridge Addition, a subdivision in Hamilton
County, Indiana, as per plat thereof; recorded in Deed Record 121, pages 400 and 401, in the Office
of the Recorder of Hamilton County, Indiana; thence running Wes t on and along the North line of
Lots 32 and 33 in said Northridge Addition a distance of 270.0 feet to the Northwest corner of said
Lot 33; running thence North parallel with the East line of the south Half of said Northeast Quarter
Section a distance of 13.0 feet to a point; running thence East parallel with the North line of said
Lots 32 and 33 a distance of 270.0 feet to the a point; thence running South on a line parallel with
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the East line of the South Half of the said Northeast Quarter a distance of 13.0 feet to the place of
beginning, containing 0.08 acre, more or less.
ALSO:
Lots numbered 29, 30, 31, 32, 33, 34, 35, 36, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 160 and 161 in
Northridge Addition, a subdivision of Hamilton County, Indiana, as per plat thereof, recorded in Deed
Record 121, page 400 and 401 in the Office of the Recorder of Hamilton County, Indiana.
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EXHIBIT B
Legal Description (Overlay Removal Real Estate)
A part of the Northeast Quarter of Section 11, Township 17 North, Range 3 East, described as follows:
Begin at a point 1137.8 feet South of the Northeast corner of the Northeast Quarter of said Section; run
West parallel with the North line of said Quarter Section 1342.8 feet; thence South 97.3 feet; thence East
parallel with said North line 1342.8 feet to the East line of said Quarter Section; thence North on said East
line 97.3 feet to the place of beginning, containing 3 acres, more or less in Hamilton County, Indiana.
EXCEPT:
Part of the Northeast Quarter of Section 11, Township 17 North, Range 3 East in Clay Township, Hamilton
County, Indiana, described as follows:
Commencing at the Northeast corner of the Northeast Quarter of Section 11, Township 17 North, Range 3
East in Clay Township, Hamilton County, Indiana; thence South 00 de grees 00 minutes 28 seconds East
(assumed bearing) on the East line of said Northeast Quarter 1137.80 feet to the Northeast corner of the
real estate described in Deed Record 283, page 387 in the Office of the Recorder of Hamilton County,
Indiana; thence (this and the following 3 courses follow the boundary of Deed Book 283, page 387)
South 88 degrees 57 minutes 31 seconds West parallel with the North line of said Northeast Quarter
309.02 feet to a 5/8" rebar at the point of beginning of the real estate her ein described; thence
continuing South 88 degrees 57 minutes 31 seconds West parallel with said North line 1033.78 feet to a
5/8" rebar; thence South 00 degrees 00 minutes 28 seconds East 97.30 feet to a 5/8" rebar; thence
North 88 degrees 57 minutes 31 seconds East parallel with the North line of said Northeast Quarter
1033.78 feet to a 5/8" rebar which bears South 00 degrees 00 minutes 28 seconds East from the point of
beginning; thence North 00 degrees 00 minutes 28 seconds West 97.30 feet to the Point o f Beginning;
containing 2.31 acres, more or less.
ALSO:
Beginning 867.67 feet measured (867.6 feet Deed) South of the Northeast corner of the Northeast Quarter
of Section 11, Township 17 North, Range 3 East, and on the East line thereof; thence South on and along
aforesaid East line 270.2 feet; thence West parallel with the North line of said Northeast Quarter 200 feet;
thence North parallel with the East line of said Northeast Quarter 270.04 feet measured (270.2 feet
Deed); thence Easterly 200 feet to the place of beginning.
EXCEPTING THEREFROM:
That part of the above-described property conveyed to the Board of Commissioners of Hamilton County,
Indiana, by Warranty Deed recorded December 10, 2002, as Instrument Number 200200095519, in the
Office of the Recorder of Hamilton County, Indiana, described as follows:
A part of the Northeast Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County,
Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted on the
Right-of-Way Parcel Plat, attached thereto and marked as Exhibit "B", described as follows:
Beginning at a point on the East line of said section South 0 degrees 12 minutes 56 seconds West
215.030 meters (705.48 feet) from the Northeast corner of said section, said Northeast corner being
designated as point "5" on said parcel plat, which point of beginning is the Northeast corner of the
grantor's land; thence South 0 degrees 12 minutes 56 seconds West 131.869 meters (432.64 feet) along
said East line to the Southeast corner of the grantor's land; thence South 89 degrees 10 minutes 42
seconds West 7.621 meters (25.00 feet) along the South line of the grantor's land to point "472"
designated on said parcel plat; thence North 0 degrees 12 minutes 56 seconds East 131.862 meters
(432.62 feet) to the North line of the grantor's land at point "70" designated on said parcel plat;
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thence North 89 degrees 07 minutes 31 seconds East 7.621 meters (25.00 feet) along said North line
to the point of beginning and containing 0.1005 hectares (0.248 acres), more or less, inclusive of the
presently existing right -of-way which contains 0.0422 hectares (0.104 acres), more or less. The
portion of the above described real estate which is not already embraced within the presently existing
right -of-way contains 0.0583 hectares (0.144 acres), more or less.
ALSO:
A part of the North Half of the Northeast Quarter of Section 11, Township 17 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Beginning 1235.10 feet South of the Northeast corner of the Northeast Quarter of Section 11,
Township 17, Range 3 East and on th e East line thereof, running thence West with the North line of
said Northeast Quarter 338.0 feet to a point; running thence South parallel with the East line of
said Northeast Quarter 97.3 feet to a point (97.14 feet measured to the South line of the Nort h Half
of said Northeast Quarter); running thence East on and along the aforesaid South line 338.0 feet to
a point on the East line of said Northeast Quarter; running thence North on and along the aforesaid
East line 97.3 feet (97.04 feet measured) to the place of beginning, containing 0.75 acre, more or
less.
AND a portion of vacated 104th Street being a part of the South half of the Northeast Quarter of
Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana, more particularly
described as follows:
Beginning at a point on the West right -of-way line of College Avenue 13.0 fe et North of the Northeast
corner of Lot 32 in Northridge Addition, a subdivision in Hamilton County, Indiana as per plat
thereof, recorded in Deed Record 121, pages 400 and 401, in the Office of the Recorder of Hamilton
County, Indiana; running thence Nort h on and along said West right -of-way line a distance of 12.0
feet to a point on the North line of the South Half of said Northeast Quarter; running thence West on
and along said North line a distance of 295.0 feet to a point; running thence South on a lin e parallel
with the East line of the South Half of said Northeast Quarter a distance of 25.0 feet to a point;
running thence East along a line parallel with the North line of said Northeast Quarter a distance of
25.0 feet to a point; running thence North a long a line parallel with the East line of the South Half of
the Northeast Quarter a distance of 13.0 feet to a point; thence East along a line parallel with the
North line of Lots 32 and 33 of the aforesaid Northridge Addition 270.00 feet to the place of
beginning, containing 0.09 acre more or less.
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EXHIBIT “B” – Depiction
E 105th St
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EXHIBIT C
List of Restricted Uses
• Carnivals/Fairs/Circuses
• Meeting/Party Hall
• Tavern/Night Club
• Storage or Sale of Petroleum Products
• Hospital
• Shooting Gallery
• Short Term Residential Rental
• Automobile Service Station
• Automobile/Truck Repair (indoor)
• Car Wash
• Dry Cleaning (with on-site plant)
• Recreational Vehicle/Mobile Home Sales
• Radio/ television studio
• Radio/television Transmission Tower
• Radio/television Transmission Antenna
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