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HomeMy WebLinkAboutPacket to City Council 10-07-02 .. '. CARMEL CITY COUNCIL October 7, 2002 3. Z-397-02; Woodland Country Club PC Docket No. 116-02 Z Petitioner seeks a favorable recommendation of a rezone from S-l/Residential to P- l/Parks and Recreation on 168.7 :t acres. The site is located south of 116tl1 Street between Westfield Boulevard and Keystone Avenue. The site is zoned R- l/Residential and R-2/Residential. Filed by the Department of Community Services. The subject area (see attached map, last page, Exhibit B of proposed ordinance) is currently zoned R-1/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. In the fall of 2001 City Council adopted an amendment to the Zoning Ordinance creating the P-1 (parks and Recreation) zoning district (see attached). The P-1 zoning district is designed to provide areas for historic, 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 and Country Clubs are permitted uses within the P-1. With that said, the rezoning of the property will not require any changes to the current operation of the real estate. 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 Carmel/Clay Plan Commission forwards this ordinance to the Common Council with a unanimous (12-0) Favorable Recommendation (see attached certification). The Department recommends that this item be forwarded to the Annexation and Land Use Committee for further discussion. However, if there are not issues warranting further discussion by the committee the Department would recommend suspension of the rules and approval of the Ordinance. Council Report 2002-9-277 CARMEL/CLAY ZONING ORDINANCE CHAPTER 20H: P-l/P ARK & RECREATION DISTRICT 20H.O P-l /Park ann Recreation ni~trict, 20H.l Pllrpo~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 T T~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) Ce1l1ete1Y Chw",h, t\J1l1ple VI otheJ. pla.(,e of worship Country club Golf course Historic site Masemn Park VI 1e"'le.nional developmellt 01 facility P1ivate dub or lodge R-eli~~ol1s 01 (,haritable hlstitution Tt;I11~s or ra(,quetball facility Sec. 20H.2 amended per Ordinance No. Z-378-02. 20H.3 Special TT~e~: Artificial lake or pond (not part of a plat) Cemetery Church, temple or other place of worship Museum Power transmission line, in excess of 129 KV A School of general elementary or secondary education (accredited by the State) Religious or Charitable institution Sec. 20H.3 amended per Ordinance No. Z-378-02. 20H.4 Special ExcP{ltion~: Council Report 2002-9-277 ... . . 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. 20R.5 Are::! Reqllirement~: A. Minimum area: 1. Cemeteries: thirty (30) acres 2. All other uses: three (3) 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 R. Minimum ground floor area: one thousand (1,000) square feet. Council Report 2002-9-277 .. Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-397-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA REZONING DISTRICT CLASSIFICATION Rezoning the Woodland Country Club from the R-I/Residence and R-2/Residence District Classifications to the P-lIParks & 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-l/Residence and R-2/Residence District Classifications to the P-l/Parks & Recreation District Classification. Section II: All prior Ordinances or parts thereof inconsistent with any provision ofthis 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. 1 Ordinance No. Z-397-02 PASSED by the Common Council ofthe City of Carmel, Indiana this _ day of 2002, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Wayne Wilson, President Pro Tempore John R. Koven Robert Battreall N. L. Rundle Ronald E. Carter Luci Snyder 2 ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-397-02 Presented byme to the Mayor ofthe City of Carmel, Indiana this day of 2002, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-397-02 Approved by me, Mayor of the City of Cannel, Indiana, this _ day of 2002, at .M. James 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 3 Ordinance No. Z-397-02 Exhibit A LEGAL DESCRlPTION Woodland Country Club Part of the west half of Section 6, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana more particularly described as follows: Commencing at the Southwest comer of said Half Section; thence North along the West line thereof 21 04.92 feet; thence East parallel with the South line of said Half Section 1683.00 feet; thence North parallel with the East line of said Half Section 1634.83 feet to the POINT OF BEGINNING of this description; thence continuing North parallel with the East line of said Half Section 220.00 feet more or less; thence West parallel with the South line of said Half Section 627.00 feet; thence South parallel with the West line of said Half Section 220.00 feet; thence East parallel with the South line of said Half Section 623.00 fee, more or less, to the place of beginning, containing 3.16 acres, more or less. ALSO: Part of the West Half of Section 6, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southwest comer of said West Half; thence North 00 degrees 28 minutes 42 seconds West (assumed bearing), on and along the West line of said WestHalf, a distance of 2429.50 feet to the Point of Beginning; thence North 89 degrees 56 minutes 15 seconds East 190.50 feet; thence South 00 degrees 28 minutes 42 seconds East parallel with the West line of said West Half, a distance of312.52 feet to the North line and the extension thereof, of Woodland Golf Club Subdivision, Fourth Section, a subdivision in Hamilton Country, Indiana, the plat of which is recorded in Plat Book 2, Page 62 in the Office of the Recorder of said county; thence North 89 degrees 56 minutes 15 seconds East, on said North line, a distance of 1492.50 feet; thence North 00 degrees 03 seconds 45 minutes West 1623.90 feet to South line ofland described in a deed to Woodland Country Club, Inc., recorded as Instrument Number 89-00961 in the Office of said Recorder; thence South 89 degrees 53 minutes 49 seconds West on said South line, a distance of 626.77 feet; thence South 00 degrees 04 minutes 00 seconds East 403.28 feet; thence South 89 degrees 42 minutes 43 seconds West 1059.45 feet to the West line of the Northwest Quarter of said Section 6; thence South 00 degrees 00 minutes 00 seconds West on said West line, a distance of 677.66 feet to a point, said point being the Southeast comer of the Northeast Quarter of Section 1, Township 17 North, Range 3 East; thence South 00 degrees 28 minutes 42 seconds East, 13.20 feet to the Southwest comer of the Northwest Quarter of said 4 .. Section 6; thence continuing South 00 degrees 28 minutes 42 seconds East, on the West line of the West Half of said Section 6, a distance of212.64 feet to the Point of Beginning; containing 51.596 acres, more or less. ALSO: A part of the Northwest Quarter and the Northeast Quarter and the Southwest Quarter of Section 6, Township 17 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest comer of the Northwest Quarter of Section 6, Township 17 North, Range 4 East in Hamilton County, Indiana; thence North 89 degrees 18 minutes 16 seconds East (assumed bearing) on and along the North line of said Quarter and the North line of the Northeast Quarter 2846.41 feet to the place of beginning; thence South 00 degrees 41 minutes 44 seconds East 20.00 feet to the Southerly right-of-way line of 116th Street per I.S.H.C plans S-165( 4) dated 1960; thence South 76 degrees 39 minutes 16 seconds East on and along said right-of-way (the following three calls are on and along said Southerly right- of-way) 103.08 feet; thence South 89 degrees 52 minutes 20 seconds East 350.04 feet; thence South 87 degrees 49 minutes 41 seconds East 100.13 feet; thence South 49 degrees 37 minutes 26 seconds East 126.28 feet to the Westerlyright-of- way of Keystone Avenue (U.S. #431) per I.S.H.C. plans S-165(4) dated 1960; thence South 03 degrees 38 minutes 27 seconds East on and along said Westerly right-of-way (the following six calls are on and along said West right-of-way) 200.25 feet; thence South 00 degrees 03 minutes 44 seconds East 400.03 feet; thence South 02 degrees 29 minutes 48 seconds East 400.18 feet; thence South 00 degrees 46 minutes 42 seconds East 800.00 feet; thence South 01 degrees 53 minutes 57 seconds West 150.13 feet; thence South 02 degrees 52 minutes 42 seconds East 150.10 feet; thence South 00 degrees 16 minutes 44 seconds East 279.09 feet to the Northeast comer of Lot 65 Woodland Golf Club Subdivision, 3rd, as recorded in Plat Book 2, Page 22, in the Office of the Recorder of Hamilton County, Indiana, (the following five calls are on and along the boundary of said subdivision); thence South 89 degrees 37 minutes 20 seconds West 129.42 feet to the Northeast comer of Lot 64; thence South 84 degrees 24 minutes 10 seconds West 131.80 feet to the Southeast comer of Lot 56; thence 36 degrees 54 minutes 18 seconds West on and along the Easterly line of Lots 56,55,54 and 53, 675.35 feet to the North line of Lot 53; thence North 87 degrees 07 minutes 18 seconds West 202.83 feet to the West line of said subdivision; thence South 01 degrees 35 minutes 07 seconds East 790.72 feet to the North line of Jordan Woods, Fifth Section, as recorded in Plat Book 2,pages 262-263 in the Office of the Recorder of Hamilton County, Indiana; thence South 89 degrees 01 minutes 00 seconds West on and along, the North line of said subdivision 30.80 feet to the West line of said subdivision; thence South 00 degrees 34 minutes 56 seconds East on and along 5 the West line of said subdivision 632.00 feet to the Northeast comer of Woodland Golf Club Subdivision, Sixth Section, as recorded in Plat Book 2, page 162 in the Office of the Recorder of Hamilton County, Indiana; thence South 89 degrees 56 minutes 15 seconds West on and along the North line of said subdivision and the North line of Woodland Golf Club Subdivision, Fourth Section, as recorded in Plat Book 2, page 62 in the Office ofthe Recorder of Hamilton County, Indiana, 968.47 feet; thence North 00 degrees 24 minutes 20 seconds West 1831.21 feet to the South line of Woodland Golf Club 2nd Subdivision, as recorded in Plat Book 137, page 274 in the Office of the Recorder of Hamilton County, Indiana, (the following eight calls are on the boundary of said subdivision); thence North 32 degrees 09 minutes 23 seconds East 106.16 feet to the Southeast comer of Lot 35; thence South 22 degrees 41 minutes 09 seconds East 40.00 feet; thence South 89 degrees 02 minutes 54 seconds East 125.00 feet to the Northwest comer of Lot 49; thence South 04 degrees 34 minutes 02 seconds West 356.50 feet to the Southwest comer of Lot 50; thence North 68 degrees 20 minutes 45 seconds East 106.90 feet to an angle point in the South line of Lot 50; thence South 82 degrees 43 minutes 05 seconds East 65.00 feet to the Southwest comer of Lot 51; thence South 56 degrees 53 minutes 05 seconds East 154.88 feet to an angle point in the South line of Lot 51; thence South 84 degrees 17 minutes 53 seconds East 40.00 feet to the Southeast comer of Lot 51; thence South 89 degrees 26 minutes 39 seconds East 394.25 feet to the Westerly right-of-way of Woodland Drive; thence North 01 degrees 35 minutes 07 seconds West on and along said right-of-way 134.45 feet to an angle Point in said right-of-way; thence North 55 degrees 56 minutes 06 seconds West on and along said right-of-way 38.21 feet to the intersection of said right-of-way and the Southerly prolongation of the East line of said Woodland Golf Club Subdivision 2nd Section; thence North 03 degrees 03 minutes 23 seconds East on and along the prolongation and the East line of said subdivision 596.94 feet to the Northeast comer of Lot 41 in said subdivision (the following twelve calls are on the boundary of said subdivision); thence North 81 degrees 50 minutes 07 seconds West 184.38 feet to the northeast comer of Lot 40; thence South 83 degrees 23 minutes 05 seconds West 124.84 feet to the Northeast comer of Lot 39; thence South 77 degrees 46 minutes 46 seconds West on and along the North line of Lots 39 and 38 to the Northeast comer of Lot 36; thence South 81 degrees 30 minutes 46 seconds West on and along the North line ofLat 36; thence South 81 degrees 30 minutes 46 seconds West on and along the north line of Lot 36,225.00 feet to the right-of-way of Woodland Drive; thence North 06 degrees36 minutes 14 seconds West on and along said right-of-way 40.00 feet; thence North 30 degrees 42 minutes 14 seconds West on and along said right-of- way 40.00 feet; thence North 59 degrees 35 minutes 14 seconds West on and along said right-of-way 50.00 feet; thence North 84 degrees 28 minutes 14 seconds West on and along said right-of-way 50.00 feet; thence South 77 degrees 06 minutes 46 seconds West on and along, said right -of-way 75.00 feet; thence South 70 degrees 58 minutes 52 second West 105.39 feet on and along the right- 6 'i , of-way to the intersection of said right-of-way and the Northerly prolongation of the West line of Lot 34; thence South 08 degrees 47 minutes 37 seconds East on and along the prolongation and the West line of Lot 34, 133.28 feet to the Northwest comer of Lot 35; thence South 03 degrees 21 minutes 23 seconds West 140.41 feet to the Southwest comer of Lot 35; thence North 87 degrees 55 minutes 28 seconds West (on and along a line which passes through a found stone per County Surveyor's Records, a distance of 446.86 feet) to the East line of Wood Valley Estates, as recorded in Plat Book 3, page 60 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 07 minutes 50 seconds West on and along said East line of said subdivision, 331.68 feet to a concrete monument 13.00 feet South 00 degrees 07 minutes 50 seconds East from the Northeast comer of said subdivision; thence South 87 degrees 00 minutes 45 seconds East 19.43 feet; thence North 18 degrees 21 minutes 15 seconds East 71.31 feet to the right-of-way of Woodland Drive, said point being a point on a curve which bears South 59 degrees 29 minutes 45 seconds West 410.00 feet from its radius point; thence on and along said right-of way and curve to the right and arc distance of 67.91 feet to the point of tangent said point bears South 68 degrees 59 minutes 11 seconds West 410.00 feet from its radius point, thence North 21 degrees 00 minutes 49 seconds West on and along said right-of-way 215.80 feet to the intersection of said right-of-way and the Southerly line of Woodland Golf Club Subdivision, Isr Section, as recorded in Plat Book 136, pages 545 and 546, in the Office of the Recorder of Hamilton County, Indiana, said intersection being a point on a curve which bears South 06 degrees 51 minutes 34 seconds East 195.00 feet from its radius point; thence Northeasterly on and along said Southerly line and curve to the left an arc distance of234.33 feet to the Southwest comer of Lot 23 in said subdivision that bears South 75 degrees 42 minutes 37 seconds East 195.00 feet from its radius point; thence South 75 degrees 42 minutes 37 seconds East on and along the South line of said Lot 23, 213.38 feet to the Southeast comer of Lot 23; thence North 44 degrees 27 minutes 05 seconds East on and along the Easterly line of Lots 23, 24, 25, 26 and 27 in said subdivision 681.00 feet to the Southwest comer of Lot 31; thence North 66 degrees 08 minutes 00 seconds east on and along the Southerly line of Lots 31, 32, and 33, 435.10 feet to the Southeast comer of Lot 33; thence North 00 degrees 41 minutes 44 seconds West on and along the East line of Lot 33, 127.00 feet to the North line ofthe Northwest Quarter; hence North 89 degrees 18 minutes 16 seconds East on and along the North line 581.41 feet to the Place of Beginning containing 113.899 acres, more or less. Subject to all legal easements and right- of-ways. 7 Ordinance No. Z-397-02 Exhibit B Woodland Country Club 8 CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TO REZONE PROPERTY COMMONLY KNOWN AS WOODLAND COUNTRY CLUB GOLF COURSE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-397-02 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application (Docket No. 116-02 Z) of the City of Carmel Department of Community Services petitioning the Commission for a favorable recommendation to rezone property commonly known as Woodland Country Club: The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is "FAVORABLE." At its regularly scheduled meeting of September 17, 2002, the Carmel/Clay Plan Commission voted twelve (12) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z- 397-02 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-4- 608(f)(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 is Wednesday, December 25, 2002. CARMEL/CLAY PLAN COMMISSION ATTEST: Jon C. Dobosiewicz cting Secretary Carmel/Clay Plan Commission Dated: September 26, 2002 RECEIVED { ,0132 CARMEL CLERK TREASURER