HomeMy WebLinkAboutDept Report 01-15-02
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CARMEL/CLAY PLAN COMMISSION
DEPARTMENT REPORT
January15,20~~
6i. Docket No. 01-02 Z; Brookshire Golf Course
The petitioner seeks to rezone the real estate more commonly know as the Brookshire
Golf Course from R-l (Residential) to P-l (parks and Recreation).
Filed by the Department of Community Services.
Please see the attached map. The shaded-in area on the map represents the real estate that is the
subject of this rezone proposal (see exhibit B of the ordinance). The area is more commonly
known as the Brookshire Golf Course. The subject area is currently zoned R-l residential. This
zoning classification would permit, among other things, the development of the property into a
residential subdivision. This is entirely from a zoning and land use perspective. There may be
private covenants and restriction tied to the property which would serve to prevent the same.
Last fall the City Council adopted an amendment to the Zoning Ordinance creating the P-l
(parks and Recreation) zoning district. Please find a copy of the P-l language on the following
page. The P-l zoning district is designed to provide areas for historic, museum, religious and
charitable, and park and recreational uses. It was also created to protect the environment within
this district and surrounding districts, by providing only for those uses and for compatible, less
intensive urban land uses. Golf Courses are permitted uses within the P-l as can be seen from
the list of permitted uses on the following page. With that said, the rezoning of the property will
not require any changes to the current operation of the real estate as a golf course. The change in
zoning would, however, not allow the conversion of all or portions of existing golf course into a
residential use without future consideration of a rezoning request by the Plan Commission and
City Council thus requiring future public notice and input.
The Department recommends that this item be forwarded to the City Council, at the
conclusion of the Public Hearing, with a favorable recommendation. This recommendation
is supported by our previous discussions regarding the intent and purpose ofthe P-l
zoning district and the explanation above.
Note: Forwarding the rezone request this evening will require a vote to waive the
Commission's rules of procedure which would have the item sent to committee.
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c;ARMET }c;T.A Y ZONTNG ORDTNANCF.
c;HAPTFR 20H' P-l/PARK &. RFc;REATTONDTSTRTc;T
20H.0 P-l/Park ::mn Recreation ni~trid,
20H.l Pnrpm:e ann Tntent, The purpose of this district is to provide for historic, museum,
religious and charitable, and park and recreational uses and to protect the environment
within this district by providing only for those uses and for compatible, less intensive
urban land uses.
20H.2 Permitten TT~e~:
Antenna, if collocated on an existing or previously approved tower
Antenna, if visually integrated with or camouflaged on or within a structure other than a
tower (such as a chimney stack, church spire, light standard, monument, power line
support device, or water tower)
Cemetery
Church, temple or other place of worship
Country club
Golf course
Historic site
Museum
Park or recreational development or facility
Private club or lodge
Religious or charitable institution
Tennis or racquetball facility
20H.3 Special TT~e~:
Artificial lake or pond (not part of a plat)
Power transmission line, in excess of 129 KV A
20HA Special Exception~:
Private radio and television reception and transmitting towers and antennas, subject to
applicable state and federal regulations (may not be located or permitted within ten (10)
feet of a power transmission line)
Wireless telecommunications service tower, monopole-type construction only.
20H.5 Area Reqnirement~:
A. Minimum area: three (3) acres (except cemeteries, thirty (30) acres)
B. Minimum front yard: forty (40) feet
C. Minimum side yard: twenty (20) feet
D. Minimum aggregate of side yard: fifty (50) feet
E. Minimum rear yard: fifteen (15) feet
F. Minimum lot width: two hundred (200) feet
G. Maximum lot coverage: thirty. five percent (35%) oflot
H. Minimum ground floor area: 1,000 square feet.
Sponsor: Councilor Wayne Wilson
ORDINANCE NO. Z-371-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
REZONING DISTRICT CLASSIFICATION
Rezoning the Brookshire Golf Course from the R-i/Residence District Classification to the p-
i/Parks & Recreation District Classification
WHEREAS, the Carmel/Clay Plan Commission has favorably recommended the rezoning
of the real property, the legal description 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 I:
That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby
changed to designate the real property from the R-lIResidence District Classification to the P-
I/Parks & Recreation District Classification.
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance
are hereby repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and signing
by the Mayor.
I
Ordinance No. Z-371-02 PASSED by the Common Council of the City of Carmel, Indiana this
_ day of 2002, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
John R. Koven
Kevin Kirby, President Pro Tempore
N. L. Rundle
Robert Battreall
Luci Snyder
Ronald E. Carter
Wayne Wilson
2
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this _ day of
2002, at .M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _ day of
2002, at .M.
J ames Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by: John R. Molitor
Carmel/Clay Plan Commission Attorney
One Civic Square
Carmel, IN 46032
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Exhibit A
LEGAL DESCRIPTION
Brookshire Golf Course
PARCEL I:
Part of the Southeast (Southwest, Northwest and Northeast) Quarters of Section 32, Township 18 North,
Range 4 East in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 32, Township 18 North, Range 4
East;
thence North 89 degrees 46 minutes 50 seconds West (assumed bearing) on and along the South line of said
Southeast
Quarter 840.18 feet to the Point of Beginning:
thence continue along said South line North 89 degrees 46 minutes 50 seconds west 479.39 feet to the West line of
the Southeast Quarter of the Southeast Quarter of said Section 32;
thence North 00 degrees 12 minutes 40 seconds West on and along the West line of said Quarter Quarter Section
305.10 feet measured (307.40 feet deed);
thence North 67 degrees 24 minutes 40 seconds East 287.53 feet;
thence North 00 degrees 12 minutes 40 seconds West parallel with the West line of said Quarter Quarter Section
146.58 feet;
thence North 84 degrees 17 minutes 40 seconds West 267.30 feet to a point on the West line of said Quarter Quarter
Section;
thence North 89 degrees 44 minutes 05 seconds West parallel with the North line of said Quarter Quarter 662.19 feet
to a point which is 660.00 feet South 89 degrees 43 minutes 43 seconds East of the West line of said Quarter
Quarter;
thence North 00 degrees 14 minutes 26 seconds West parallel with the West line of said Quarter Quarter 106.41 feet;
thence North 73 degrees 18 minutes 11 seconds West 348.34 feet;
thence North 00 degrees 14 minutes 26 seconds West parallel with the West line of said Quarter Quarter 2.00 feet;
thence North 73 degrees 16 minutes 41 seconds West 341.61 feet to the West line of Quarter Quarter;
thence North 00 degrees 14 minutes 26 seconds West on and along aforesaid West line 687.84 feet to a point which
is 1054.50 feet South 00 degrees 14 minutes 26 seconds East of the center of said Section 32;
thence North 72 degrees 36 minutes 50 seconds West 476.09 feet to a point which is 924.00 feet South 00 degrees
14 minutes 26 seconds East of the North line and 453.75 feet North 89 degrees 46 minutes 37 seconds West of the
East line of the Southwest Quarter of said Section 32;
thence North 89 degrees 46 minutes 37 seconds West parallel with the North line of said Southwest Quarter 206.25
feet;
thence North 00 degrees 14 minutes 26 seconds West parallel with the East line of said Southwest Quarter 924.00
feet to the North line thereof;
thence North 89 degrees 46 minutes 37 seconds West on and along the south line of the Northwest Quarter of said
Section 32, 293.15 feet to the Southeast comer of Brookshire, Section 6-C, the plat of which is recorded in Plat
Book 5, page 45, in the Office of the Recorder of Hamilton County, Indiana;
thence North 07 degrees 57 minutes 43 seconds East on and along the East line of said subdivision, 304.85 feet to
the Southeast comer of Brookshire, Section 6-B, the plat of which is recorded in Plat Book 4, pages 171 and 172 in
the Office of the Recorder of Hamilton County, Indiana;
thence North 07 degrees 57 minutes 43 seconds East on and along the East line of said subdivision 446.56 feet;
thence North 15 degrees 01 minutes 45 seconds East on and along said East line 70.06 feet to the Southeast comer of
Brookshire, Section 6-A, the plat of which is recorded in Plat Book 4, page 169, in the Office of the Recorder of
Hamilton County, Indiana;
thence North 15 degrees 01 minutes 45 seconds East on and along the East line of said subdivision, 536.31 feet;
thence North 20 degrees 34 minutes 48 seconds East on and along said East line 234.98 feet;
thence North 08 degrees 58 minutes 11 seconds East on and along said East line 233.12 feet;
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thence North 16 degrees 16 minutes 45 seconds East on and along the East line of said subdivision, 319.71 feet;
thence North 40 degrees 56 minutes 51 seconds East on and along the East line of said subdivision, 442.15 feet;
thence South 89 degrees 30 minutes 17 seconds East on and along the East line of said subdivision, 174.53 feet;
thence South 00 degrees 19 minutes 30 seconds West 110.00 feet;
thence South 69 degrees 48 minutes 30 seconds East 116.06 feet;
thence South 16 degrees 26 minutes 45 seconds West 200.00 feet;
thence South 73 degrees 33 minutes 15 seconds East 45.00 feet;
thence North 47 degrees 01 minutes 42 seconds East 220.37 feet;
thence North 36 degrees 39 minutes 30 seconds East 165.00 feet to a point which is 290.00 feet South 00 degrees 19
minutes 30 seconds West ofa point on the North line of the Northeast Quarter of said Section 32, which is 340.00
feet South 89 degrees 40 minutes 30 seconds East of the Northwest comer thereof;
thence North 45 degrees 19 minutes 30 seconds East 176.76 feet;
thence North 00 degrees 19 minutes 30 seconds East 165.00 feet to a point on the North line of the Northeast Quarter
of Section 32, Township 18 North, Range 4 East which is 465.00 feet South 89 degrees 40 minutes 30 seconds East
of the Northwest comer of said Northeast Quarter;
thence South 89 degrees 40 minutes 30 seconds East on and along the North line of said Northeast Quarter 259.39
feet to the Northwest comer of Brookshire, First Section, the plat of which is recorded in Plat Book 3, page 108, in
the Office of the Recorder of Hamilton County, Indiana;
thence South 32 degrees 39 minutes 00 seconds East on and along the West line of said subdivision 217.18 feet;
thence South 32 degrees 49 minutes 15 seconds West on and along the West line of said subdivision 217.27 feet;
thence South 21 degrees 36 minutes 10 seconds West on and along said West line 285.20 feet;
thence South 47 degrees 05 minutes 35 seconds West on and along said West line 250.09 feet;
thence South 32 degrees 49 minutes 30 seconds West on and along said West line 417.41 feet;
thence South 38 degrees 59 minutes 30 seconds West on and along said West line 289.36 feet to the Northernmost
comer in the rear line of Lot 74 in Brookshire, Third Section, the plat of which is recorded in Plat Book 3, page 145,
in the Office of the Recorder of Hamilton County, Indiana;
thence South 80 degrees 39 minutes 25 seconds West on and along the Northerly line of said subdivision, 185.23
feet;
thence South 17 degrees 00 minutes 00 seconds West on and along the Westerly line of said subdivision 515.96 feet;
thence South 41 degrees 18 minutes 27 seconds West on and along the Westerly line of said subdivision, 199.86
feet;
thence South 10 degrees 21 minutes 28 seconds West on and along the Westerly line of said subdivision 329.89 feet;
thence South 06 degrees 10 minutes 00 seconds East on and along the Westerly line of said subdivision, 361.87 feet;
thence South 32 degrees 10 minutes 00 seconds East on and along the Westerly line of said subdivision 366.57 feet;
thence North 70 degrees 38 minutes 00 seconds East on and along the Southerly line of said subdivision 136.45 feet;
thence North 43 degrees 27 minutes 45 seconds East on and along the Easterly line of said subdivision 586.00 feet;
thence North 06 degrees 10 minutes 00 seconds West on and along the Easterly line of said subdivision, 231.76 feet;
thence North 45 degrees 00 minutes 00 seconds East on and along the Easterly line of said subdivision, 315.00 feet;
thence North 60 degrees 45 minutes 20 seconds East on and along the Easterly line of said subdivision 152.11 feet to
the Westerly line of Brookshire, Second Section, the plat of which is recorded in Plat Book 3, page 116, in the
Office of the Recorder of Hamilton County, Indiana;
thence South 08 degrees 32 minutes 35 seconds East on and along said West line 236.08 feet;
thence North 62 degrees 51 minutes 20 seconds East on and along the South line of Lot 124 in said subdivision
170.00 feet to the Westerly line of Brookshire Parkway, said point being on said curve with a radius of330.00 feet,
the radius point of which bears North 62 degrees 51 minutes 20 seconds East from the last described point;
thence Southeasterly on and along said right of way line on a curve 131.64 feet to a point which bears South 40
degrees 00 minutes 00 seconds West from the radius point of said curve;
thence South 50 degrees 00 minutes 00 seconds East on and along said right-of-way line 268.33 feet;
thence South 40 degrees 00 minutes 00 seconds West on and along the Westerly line of said Brookshire, Second
Section, 150.00 feet;
thence South 41 degrees 48 minutes 31 seconds East on and along said West line 93.23 feet;
thence South II degrees 03 minutes 36 seconds East on and along said West line 138.55 feet;
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thence South 30 degrees 00 minutes 00 seconds West on and along said West line 312.18 feet;
thence South 04 degrees 54 minutes 42 seconds East on and along said West line 486.70 feet to the Northeast comer
of Lot 261 in Brookshire, Section Five, the plat of which is recorded in Plat Book 4, pages 117 and 118 in the Office
of the Recorder of Hamilton County, Indiana;
thence South 90 degrees 00 minutes 00 seconds West on and along the Northerly line of said subdivision 430.00
feet;
thence South 24 degrees 20 minutes 55 seconds West on and along the Westerly line of said subdivision, 144.78
feet;
thence South 12 degrees 54 minutes 00 seconds West on and along the Westerly line of said subdivision, 236.59
feet;
thence South 45 degrees 00 minutes 00 seconds East on and along the Westerly line of said subdivision, 196.32 feet;
thence South 55 degrees 25 minutes 49 seconds East 375.39 feet;
thence South 76 degrees 13 minutes 35 seconds East on and along the Southerly line of said subdivision, 350.12 feet;
thence South 86 degrees 41 minutes 40 seconds East on and along the Southerly line of said subdivision, 770.00 feet;
thence North 86 degrees 37 minutes 23 seconds East on and along the Southerly line of said subdivision, 150.78 feet;
thence North 71 degrees 41 minutes 38 seconds East on and along the Southerly line of said subdivision, 75.27 feet;
thence North 57 degrees 44 minutes 40 seconds East on and along the Southerly line of said subdivision, 280.75 feet;
thence North 89 degrees 49 minutes 06 seconds East on and along the Southerly line of said subdivision, 206.71 feet
measured (230.00 feet deed) to the Westerly right-of-way of Gray Road as described in Bridge Project #139, the
following six (6) courses and distances being along the aforesaid right-of-way line
(1) thence South 00 degrees 09 minutes 42 seconds East 401.59 feet;
(2) thence South 12 degrees 14 minutes 45 seconds West 102.39 feet;
(3) thence South 00 degrees 09 minutes 42 seconds East 150.00 feet;
(4) thence South 19 degrees 33 minutes 15 seconds East 53.01 feet;
(5) thence South 07 degrees 21 minutes 54 seconds West 101.96 feet;
(6) thence South 09 degrees 40 minutes 09 seconds East 207.97 feet to the Northerly right-of-way line of 116th
Street as now laid out and in use,
the following four (4) courses and distances being along the aforesaid Northerly right-of-way line
(1) thence South 61 degrees 37 minutes 56 seconds West 62.66 feet;
(2) thence South 84 degrees 45 minutes 22 seconds West 55.24 feet;
(3) thence North 89 degrees 54 minutes 34 seconds West 675.00 feet;
(4) thence South 70 degrees 10 minutes 49 seconds West 53.18 feet;
thence South 00 degrees 05 minutes 26 seconds West 20.00 feet to the place of beginning, containing 123.97 acres,
more or less.
Excepting Therefrom:
Part of the Northeast and part of the Northwest Quarter of Section 32, Township 18 North, Range 4 East,
Clay Township, Hamilton County, Indiana, more particularly described as follows:
Beginning at the Northwest comer of Lot Number Three (3) in Brookshire Overlook, an Addition in
Hamilton County, Indiana, as per plat thereof recorded in Plat Book 7, pages 149 and 150 in the Office of the
Recorder of Hamilton County, Indiana;
thence South 00 degrees 19 minutes 30 seconds West (plat hearing this and next course are on the perimeter of said
Lot Number Three (3) in Brookshire Overlook) 69.97 feet to iron pin found; thence South 69 degrees 48 minutes 30
seconds East 76.27 feet;
thence South 20 degrees 11 minutes 30 seconds West 12.20 feet;
thence North 72 degrees 01 minutes 00 seconds West 74.75 feet;
thence North 00 degrees 19 minutes 00 seconds East parallel with the West line of said Lot Number Three (3),85.19
feet;
thence South 89 degrees 40 minutes 30 seconds East 3.50 feet to the Point of Beginning,
containing 1,319 square feet (0.03 acre), more or less.
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PARCEL 2:
Part of Lot 23 in Eden Forests, a subdivision in Hamilton County, Indiana, recorded in Plat Book 2, page 85
in the Office of the Hamilton County Recorder, more particularly described as follows:
Beginning at the N orthemmost comer of said Lot 23;
thence South 00 degrees 14 minutes 35 seconds East on and along the East line of said Lot 209.60 feet;
thence North 24 degrees 48 minutes 27 seconds West 155.78 feet to a point on the Northerly line of said Lot;
thence North 43 degrees 23 minutes 37 seconds East on and along aforesaid Northerly line 93.85 feet to the Place of
Beginning;
containing 0.156 acre, more or less.
PARCEL 3:
Part of Lot 24 in Eden Forests, a subdivision in Hamilton County, Indiana, recorded in Plat Book 3, page 85
in the Office of the Hamilton County Recorder, more particularly described as follows:
Beginning at the Northeastemmost comer of said Lot 24;
thence South 00 degrees 14 minutes 35 seconds East on and along the East line of said Lot 290.40 feet to the
Southeast comer of said Lot;
thence South 43 degrees 23 minutes 37 seconds West on and along the South line of said Lot 93.85 feet;
thence North 24 degrees 48 minutes 27 seconds West 282.27 feet to a point on the Northwesterly line of said Lot;
thence North 29 degrees 18 minutes 24 seconds East on and along said Northwesterly line 118.72 feet to the North
line of said Lot;
thence South 89 degrees 27 minutes 42 seconds East 123.57 feet to the Place of Beginning,
containing 1.037 acres, more or less.
PARCEL 4:
Part of the Lot 25 in Eden Forests, a subdivision in Hamilton County, Indiana, recorded in Plat Book 3,
page 95 in the Office of the Hamilton County Recorder, more particularly described as follows:
Beginning at the Northeast comer of said Lot 25;
thence South 29 degrees 18 minutes 24 seconds West on and along the East line of said Lot 118.72 feet;
thence North 24 degrees 48 minutes 27 seconds West 115.16 feet to a point on the North line of said Lot;
thence South 89 degrees 27 minutes 42 seconds East on and along aforesaid North line 106.43 feet to the Place of
Beginning,
containing 0.127 acres, more or less.
Also identified as Tax Parcel I.D. Nos.:
16-10-32-00-00-012.001
16-10-32-03-03-002.000
16-10-32-03-03-003.000
16-10-32-03-03-005.000
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EXHIBIT B
Brookshire Golf Course
JAN-15-2002 14:22
REMLER LAW GROUP
404+237+2150 P.02/03
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HEMLER LAW GROUP
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4200 N.oBtHllnZ 1'UXU7.a.Y
aUrUU)l'O ONE, SUITE 800
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F.a.C$IMU,Z: (404) Ilm.8150
WB38rf.l; 0=
January 15.2002
Carmel Plan Commission
City Hall Chambers
1 Civic Square
, Carmel, Indiana 46032
RE: DOCKET01.c)2Z
BROOKSHIRE GoLF CJ..t1B
OWNERt A-Z GOLF eLVIS, IN, LLC
OUR FILE: 01295.01/05
Dear OentlepersoDS,
Please be advised that this law firm~ and particularly the undersigned. represents A-Z
QolfClub, IN, LtC, the owner oftbe Brookshire Golf Club. which property is the subjeot matter
of your above captioned docket number. Further, it is our understanding thal a re.zoning hearing
thereon is scheduled for 7:00 p.m. this date. Unfortunately, we wereju.st advised of this hearing
and have not yet retained local counsel. Further. we do not know of the person or entity who
filed a re-zonine application. as most certainly such application was not filed by our Client, the
owner of the property in question. From our preliminary understanding of this matter, it also
appears that in essence this anempted re..zoning constitutes spot re-zo.ung with the only property
subject to the application beini out' Client's property, and not the surrounding area.
Please accept this letter as our Client's clear and unambiguous objection to re-zoning its
property from the pR8mt residentia1zoDing to a par.ks and reoreation zoning. Such a re..zoning
will adversely effect the value of our Client's propetty. as well as impact on the ability to obtain
commercial loans thereon. Further, the attempted re-zoning most certainly violates the taking
clause of the Uruted States Constitution. UnfortUnately, at this juncture, local Indiana counsel
has not been retained, and consequently, we cannot at this time respond to procedural matters,
Should your commission proceed with the re-zoning of our Client's property, please
understand that our Client will have no altemative other than to pursue vigorous legal action
against the city and the commission to the maximum extent provided by law. It is axiomati~ that
~ur Client not idly stand by and allow the contemplated re-zoning, which in effect will greatly
impact the value of our Client's property and therefore, at a minium, constitute a partial taking in
the nature of condemnation.
- -
-------.--
J~N-15-2002 14;23
REMLER LFIW GROUP
404+237+215€1 . ~P.0:::S/~~
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Carmel Plan Commission
J81'luary IS, 2002
Page 2
.
In closing, please ~e fully advised that our Client will not idly suffer a financial Joss via
the re.zoning proposal, ~d consequen.tly. will defend its property rights and use all avenues and
methods to contest the pepdiog application, including litigation.
I also SUSS"st the ~visabi1ity of your city attorney contacting us at your earliest
conVGnience.
c~; AZ Golf Club, lN, LLC
in care of: Majors Golf Oroup, Inc.
77~2 Market Street
Salem, NJ 08079
Mail & Fax: 856.339-9783
cc: Mr. Allen Eoff, Manager
Brookshire Golf Club
Fax: 317-846-9980
TOTAL P.03