HomeMy WebLinkAboutZ-502-07 98th & US421 Rezone
SPONSOR: COUNCILOR MAYO
ORDINANCE Z-S02-07
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, CHANGE OF ZONING CLASSIFICATION, REZONING OF
2.7 ACRES OF REAL ESTATE AT NORTHEAST CORNER OF 98TH STREET
AND U.S. HIGHWAY 421- MICHIGAN ROAD FROM S-IIRESIDENTlAL
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 Carolel, 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 Carmel,
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 S-1 zoning classification 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hereby repealed.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 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 Carmel, Indiana, this
,2007, by a vote of "1 ayes and ~nays.
\n-\-I>...
.. day of
COMMON COUNCIL FOR THE CITY OF CARMEL
r
esiding Officer
Diana L. Cordray, IAMC, Clerk Tre urer
Ji:.D. fYk.. <:+
~
Brian D. Mayo
(h1RIJ1eI~
Mark Rattermann
~~
Richard L. Sharp
Presented by me to the Mayor of the City of Carmel, Indiana this
~o..h.d,.... ,2007, at l..: 4d' P.M.
\
+"--
) q day of
Approved by me, Mayor of the City of Carmel, Indiana, this
~oJ'\ e,}.... ,2007, at Ie> ;4~ P.M.
Diana L. Cordray, IAMC, Clerk Tr su er
Diana L. Cordray, IAMC, Clerk 1: asurer
+"-
I q day of
C41
es Brainard, Mayor
Prepared by: Paul G. Reis, Esq., Bose McKinney & Evans LLP, 301 Pennsylvania Parkway, Suite 300, Indianapolis, IN
46280.
EXffiBIT A
LEGAL DESCRIPTION
FOR
Ordinance Z-502-07
Parcell
South Half of Lot 2 in North Augusta, First Section, a subdivision in Hamilton County, Indiana, as per
plat thereof, recorded in Deed Record 132, page 446 in the Office of the Recorder of Hamilton County,
Indiana.
Parcell!
Lot Number 3 in North Augusta, First Section, a subdivision in Hamilton County, Indiana, as per plat
thereof, recorded in Deed Record 132, page 446 in the Office of the Recorder of Hamilton County,
Indiana.
ParcellII
Lot Number 1 in North Augusta, First Section, a subdivision in Hamilton County, Indiana, as per plat
thereof, recorded in Deed Record 132, page 446 in the Office of the Recorder of Hamilton County,
Indiana.
Parcel IV
A strip 50 feet wide off the North side of Lot Number 2 in North Augusta, First Section, a subdivision in
Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 132, page 446 in the Office of
the Recorder of Hamilton County, Indiana.
Parcel V
Lot Number Sixty-three (63) in North Augusta, 2nd Section, an Addition in Hamilton County, Indiana, as
per plat thereof recorded in Deed Record 134, pages 411-412 and an Affidavit of correction of plat
recorded March 18, 1958 in Book 51, page 486 in the Office of the Recorder of Hamilton County,
Indiana.
EXCEPTING that part conveyed to the State oflndiana by Warranty Deed recorded January 21, 2000 as
Instrument No. 200000003707.
COMMITMENT CONCERNING THE DEVELOPMENT
AND USE OF REAL ESTATE
In accordance with Section 31.06.08 of the Carmel Zoning Ordinance, the undersigned, MAP
Carmel, LLC ("Developer"), the contract purchaser, and the Armstrong Family Charitable Trust
and Guarantee Properties Limited Partnership, the owners, (collectively the "Owners"), of the
following described real estate located in Clay Township, Hamilton County, Indiana, make the
following Commitment Concerning the Development and Use of Real Estate ("Commitment") to
the Common Council of the City of Carmel, Indiana ("Council").
1. Description of Real Estate.
See Exhibit "A" (the "Real Estate").
2. Ordinance Z-502-07.
3. Statement of Commitment.
A. The Owners, to the extent that they continue to own or hold an interest in the Real
Estate, and the Developer, upon its acquisition of an ownership interest in the
Real Estate, for itself and on behalf of its successors and assigns of its interest in
the Real Estate, hereby commit to the Common Council of the City of Carmel,
Indiana, that the Real Estate will be developed in a manner consistent with the
conceptual site plan presented for illustration purposes and attached hereto as
Exhibit "B", subject to the final approval of the Development Plan and
Architectural Design, Exterior Lighting, Landscaping and Signage by the Carmel
Plan Commission in accordance with the Carmel Zoning Ordinance.
COMMITMENT CONCERNING DEVELOPMENT
AND USE OF REAL ESTATE
MAP CARMEL, LLC
Page 2
4. Binding on Successors & Assigns: The Commitment is binding on the Owners and
the Developer (upon its acquisition of ownership of the Real Estate), each subsequent owner
of the Real Estate and each other person acquiring an interest in the Real Estate, unless
modified or terminated by the Council. The Commitment may be modified or terminated
only by a decision of the Council made at a public hearing after notice has been provided
pursuant to the rules of the Council. The foregoing notwithstanding, the Commitment shall
terminate as to the Real Estate upon the adoption of an Ordinance changing the zoning
classification from the B-3 zoning classification or the Real Estate is designated a planned
unit development district.
5. Effective Date: The Commitment shall become effective upon the approval by the
Common Council of the City of Carmel, Indiana of Ordinance Z-502-07, and the recordation
of this document in the Office of the Recorder of Hamilton County, Indiana.
6. Recording: The undersigned authorize the Clerk-Treasurer of the City of Carmel to
record this instrument in the Office of the Recorder of Hamilton County, Indiana.
7. Enforcement: The City of Carmel and Carmel Plan Commission may enforce the
Commitment.
MAP CARMEL, LLC
By:
Aaron Boyle
Its:
STATE OF INDIANA )
) SS:
COUNTY OF HAMIL TON )
Before me, a Notary Public, in and for said County and State, personally appeared Aaron
Boyle, of MAP Carmel, LLC, and acknowledged execution of the
foregoing Instrument.
Witness my hand and Notarial Seal this _ day of
,2007.
Notary Public
Printed Name
My Commission Expires:
Residing in
County
COMMITMENT CONCERNING DEVELOPMENT
AND USE OF REAL ESTATE
MAP CARMEL, LLC
Page 3
ARMSTRONG FAMILY CHARITABLE TRUST
By:
G. William Armstrong, Trustee
STATE OF INDIANA )
) SS:
COUNTY OF HAMIL TON )
Before me, a Notary Public, in and for said County and State, personally appeared G.
William Armstrong, Trustee of the Armstrong Family Charitable Trust and acknowledged
execution ofthe foregoing Instrument.
Witness my hand and Notarial Seal this _ day of
,2007.
Notary Public
Printed Name
My Commission Expires:
Residing in
County
COMMITMENT CONCERNING DEVELOPMENT
AND USE OF REAL ESTATE
MAP CARMEL, LLC
Page 4
GUARANTEE PROPERTIES LIMITED PARTNERSHIP
By:
G. William Armstrong, General Partner
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public, in and for said County and State, personally appeared G.
William Armstrong, General Partner of Guarantee Properties Limited Partnership, and
acknowledged execution of the foregoing Instrument. .
Witness my hand and Notarial Seal this _ day of
,2007.
Notary Public
Printed Name
My Commission Expires:
Residing in
County
This instrument prepared by Paul G. Reis, Esq.,Bose McKinney & Evans LLP, 301
Pennsylvania Parkway, Suite 300, Indianapolis, Indiana, 46280.
Z-502..o7 Commilments
EXffiBIT "A"
COMMITMENT CONCERNING THE DEVELOPMENT
AND USE OF REAL ESTATE
LEGAL DESCRIPTION
FOR
MAP CARMEL, LLC
Parcel I
South Half of Lot 2 in North Augusta, First Section, a subdivision in Hamilton County, Indiana,
as per plat thereof, recorded in Deed Record \32, page 446 in the Office of the Recorder of
Hamilton County, Indiana.
Parcel II
Lot Number 3 in North Augusta, First Section, a subdivision in Hamilton County, Indiana, as per
plat thereof, recorded in Deed Record 132, page 446 in the Office of the Recorder of Hamilton
County, Indiana.
Parcel III
Lot Number 1 in North Augusta, First Section, a subdivision in Hamilton County, Indiana, as per
plat thereof, recorded in Deed Record 132, page 446 in the Office of the Recorder of Hamilton
County, Indiana.
Parcel IV
A strip 50 feet wide offthe North side of Lot Number 2 in North Augusta, First Section, a
subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 132, page
446 in the Office of the Recorder of Hamilton County, Indiana.
Parcel V
Lot Number Sixty-three (63) in North Augusta, 2nd Section, an Addition in Hamilton County,
Indiana, as per plat thereofrecorded in Deed Record 134, pages 411-412 and an Affidavit of
correction of plat recorded March 18, 1958 in Book 51, page 486 in the Office of the Recorder of
Hamilton County, Indiana.
EXCEPTING that part conveyed to the State ofIndiana by Warranty Deed recorded January 21,
2000 as Instrument No. 200000003707.
Exhibit B to Commitment Concerning the Development and Use of Real Estate
Conceptual Site Plan for Illustration Purposes for Ordinance 2-502-07
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CIlOIJf>,I.l.(:
CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE ARMSTRONG FAMILY CHARITABLE TRUST &
GUARANTY PROPERTIES, LTD.
TO REZONE PROPERTY LOCATED
ON THE NORTHEAST CORNER OF WEST 98TH STREET
AND MICHIGAN ROAD (US 421)
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-502-07
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. 06120004 Z)
of The Armstrong Family Charitable Trust and Guaranty Properties, Ltd" petitioning the Commission for a
favorable recommendation to rezone 2,7 acres located on the northeast comer of West 98'" Street and
Michigan Road (US 421), from S-lIResidential to B3/Commercial Retail to provide for the purpose of
establishing retail and office uses,
The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting on February 20,2007, the Carmel Plan Commission voted eleven (11) In
Favor, zero (0) Opposed, to forward to the Common Council the proposed Ordinance No. Z-502-07 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 (February 21,2007) is Monday, May 21,
2007.
BY
Received
FEB 2 1 'lfJ07
2007-0221; Z-502-07 ARMSTRONG REZONE CERTIFICATION
Carmel
Ckrk. Treasllrt1'