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HomeMy WebLinkAboutPacket to City Council 10-07-02 .. CARMEL CITY COUNCIL October 7, 2002 2. Z-396-02; Prairie View Rezone P C Docket No. 115-02 Z Petitioner seeks a favorable recommendation of a rezone from S-1/Residential to P- 1/Parks and Recreation on 205.6 I acres. The site is located east of River Road generally between 126th Street and 1315t Street. The site is zoned S-1/Residential. Filed by the Department of Community Services. The subject area (see attached map, last page, Exhibit B of proposed ordinance) is currently zoned S-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-l (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 20R: P-l/PARK & RECREATION DISTRICT 20H.O P-l fP::Irk ::Inn "R ec.re::lnon Dl!':tric.t, 20H.! Pnrpo!':e ::ITI(i Intent. 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 Pennitten T J!':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) CVllletery CIJ.\.uc.h, klllple V1 othvJ. placv of w01;::,I~p Country club Golf course Historic site Mu6ewn Park 011ec1eational developlilent 01 facility P1~vate duL V1 lodge Rel~gious 01 e,hcliitaLle .instltl1tlon T vllllis 01 J.cicquetb.1ll fac~lity Sec. 20H.2 amended per Ordinance No. Z-378-02. 20H.3 ~pedal TJ~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. 20RA ~rec.ial Rxc.ertion~: 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. 20H.5 Are::! Re'll1ireme"t~: 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 ofside 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: one thollsand (1,000) square feet. Council Report 2002-9-277 '0, -.- Sponsor: Councilor Wayne Wilson I ORDINANCE NO. Z-396-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA REZONING DISTRICT CLASSIFICATION Rezoning the Prairie View Golf Course from the S-l/Residence District Classification to the P- i/Parks & Recreation District Classification WHEREAS, the CanneVClay 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 Cannel, 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 S-l/Residence District Classification to the P-l/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. 1 .' Ordinance No. Z-396-02 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 Kevin Kirby Wayne Wilson, President Pro Tempore JohnR. Koven Robert Battreall N. L. Rundle Ronald E. Carter Luci Snyder 2 ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-396-02 Presented by me to the Mayor of the City of Carmel, Indiana this _ day of 2002, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-396-02 Approved byrne, 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 Cannel, IN 46032 3 Ordinance No. Z-396-02 Exhibit A LEGAL DESCRIPTION Prairie View Golf Course Parcel 2: The north 24 ~ feet by parallel lines off the following described real estate: Beginning 24 ~ feet North of a stone situated 27 rods 6 feet East ofthe Southwest comer of the Northwest quarter of the said Section 26; East 63 rods: South 49 ~ feet; West 63 rods; North 49~ feet to the place of beginning; all lying East of the second principal meridian in Hamilton County, Indiana. Parcel 3: Part of the Southwest quarter of Section 26, Township 18 North, Range 4 East of the second principal meridian, Clay Township, in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest comer of said Southwest quarter, said point also being in the center ofE. 1315t Street (State Road 234); thence South 890 48' 40" East (assumed bearing) along the North line of said Southwest quarter and along the center of said E. 1315t Street and its extension 511.54 feet (measured) to a point 50.00 feet East of the West boundary of the tract described as Parcel 2 per Warranty Deed recorded as Instrument No. 89-15724 in the office of the recorder of said county, said point also being the point of beginning; thence continuing South 890 48' 40" East along the North line of said Southwest quarter 1127.52 feet to a point on the East line of the Kitchen property as conveyed by Instrument recorded in Deed Record 355, Page 935 in the office of the recorder of said county; thence South 000 24' 47" West along said East line 15.20 feet to an existing wire fence; thence North 890 40' 42" West along said wire fence 992.58 feet to a point 40.00 feet East of the East line extended of an existing barn located on the Wilkins property as described in Deed Record 362, Page 680 in the office of the recorder of said county; thence North 000 19' 18" East perpendicular to the last described course 11.84 feet to a point 0.50 feet North of the northernmost tree on said Wilkins property said point here-to-after being 1.06 feet South of the North line of said Southwest quarter; thence North 890 48' 40" West parallel with the North line of said Southwest quarter 135.03 feet to a point; thence North 000 11' 20" East perpendicular to the last described course 1.06 feet to the North line of said Southwest quarter, said point also being the point of beginning. .. 4 -. Ordinance No. Z-396-02 Exhibit B Prairie View Golf Course 5 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 PRAIRIE VIEW GOLF COURSE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-396-02 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. 115-02 Z) of the City of Carmel Department of Community Services petitioning the Commission for a favorable recommendation to rezone property commonly known as Prairie View Golf Course: 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- 396-02 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 BY' !.?1."f.(~.~A-aA(- / Marityn An er n, r sident . on C. Dobosiewicz, Acti ecretary Carmel/Clay Plan Commission RECEIVED ,-"'""",,. "0. :20lJ2 ''\.:.-....:,:,,; CARMEL CLERK - TREASURER Dated: September 26, 2002