HomeMy WebLinkAboutPacket to City Council 10-07-02
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CARMEL CITY COUNCIL
October 7, 2002
1. Z-395-02; Twin Lakes Rezone
PC Docket No. 98-02 Z
Petitioner seeks a favorable recommendation ofa rezone from S-l/Residential to P-
l/Parks and Recreation on 120.5 :!: acres. The site is located east ofShelbome Road
between 96th Street and 106th Street. The site is zoned R-l/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-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.
In the fall of 200 1 City Council adopted an amendment to the Zoning Ordinance creating the
P-l (parks and Recreation) zoning district (see attached). The P-l 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-l. 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
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CARMEL/CLAY ZONING ORDINANCE
CHAPTER 20H: P-1/P ARK & RECREATION DISTRICT
20H.O P-l !P::ITk ::Inn R~CT~::Ition ni~trict
20H.1 P11TpO~~ ::Inn 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 P~nnitt~n 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)
C\;;J.!i.ete1Y
Cllwch, t\;;wple o! othel pIa,,\;; of wuJ.~hip
Country club
Golf course
Historic site
Ma.s\;;wu
Park OJ. !e"'!I~atlonal de~e1op!Uent o! fa(,illty
P.d~at\;; dt:l1 01 ludge
RdiglotLS 01 ",hatitable ilistltutioll
T eli.lli~ o! ! a.(,q uI:'l1all f(l(,aity
Sec. 20H.2 amended per Ordinance No. Z-378-02.
20H.3 ~peci::ll 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-3 78-02.
20H.4 ~p~ci::ll Fxception~:
Council Report 2002-9-277
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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 A rea R eql1;remp.nt~:
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
H. Minimum ground floor area: one thousand (1,000) square feet.
Council Report 2002-9-277
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Sponsor: Councilor Wayne Wilson
ORDINANCE NO. Z-395-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
REZONING DISTRICT CLASSIFICATION
Rezoning the Twin Lakes Golf Club 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-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.
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Ordinance No. Z-395-02 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
John R. Koven
Robert Battreall
N. L. Rundle
Ronald E. Carter
Luci Snyder
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ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-395-02 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-395-02 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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Ordinance No. Z-395-02
Exhibit A
LEGAL DESCRIPTION
Twin Lakes Golf Club
Rezone of property commonly known Twin Lakes Golf Club from R-
1IResidential to P-1/Parks & Recreation. Also described by the following
boundary description:
Part of Section 8, Township 17 North, Range 3 East in Hamilton County, Indiana,
being described as follows:
Commencing at a P .K. nail, 3 inches down, over a stone at the southwest comer of
southwest quarter of said section; thence on an assumed bearing of North 88
degrees 48 minutes 00 seconds East along the south line thereof a distance of
1299.89 feet to a railroad spike at the Point of Beginning, being the southeast
comer of Greentree Country Club Subdivision Section Four, the plat of which is
recorded in Plat Book 7, page 15 in the office ofthe Recorder of Hamilton
County, Indiana; thence continuing South 88 48 minutes 00 seconds West along
said south line a distance of 50.01 feet to the west line of Green Tree Country
Club and Subdivision (Sections "A" and "B"), the plat of which is recorded in
Plat Book 2, page 150; thence North 00 degrees 00 minutes 00 seconds East along
said west line a distance of 923.40 feet to a comer of said subdivision and a comer
of a tract of land described in a deed to Twin Lakes Golf Club, Inc. recorded in
Deed Record 359, page 165; thence North 90 degrees 00 minutes 00 seconds East
along the north line of said subdivision a distance of 400.00 feet to a point of the
northeasterly line oflot 21 in said subdivision, which is 1.44 feet South 44
degrees 00 minutes 00 seconds East of the Northeast comer of said lot; thence
South 44 degrees 00 minutes 00 seconds East a distance of 485.80 feet to the
Northwest comer oflot 25 in said subdivision; thence South 70 degrees 29
minutes 02 seconds East a distance of 405.79 feet to the northwest comer oflot 28
in said subdivision; thence South 83 degrees 22 minutes 25 seconds East a
distance of 167.47 feet to a point on the westerly line of Greentree Drive, said
point being 20.0 feet southerly of the Northeast comer of said lot 28, said point
being on a curve with a radius of 175 feet, a radius point of which bears North 71
degrees 54 minutes 54 seconds West from said point; thence Northerly on and
along said curve 55.24 feet to a point which bears North 90 degrees 00 minutes 00
seconds east from said radius point; thence North 00 degrees 00 minutes 00
seconds on and along the West right-of-way line of said Greentree Drive a
distance of 150.00 feet to the southeast comer of lot 1 in Greentree Subdivision,
Section B; thence North 90 degrees 00 minutes 00 seconds West on and along the
south line of said lot 1 a distance of 125.00 feet to the west line of said lot 1;
thence North 00 degrees 00 minutes 00 seconds East a distance of250.00 feet to
the northwest comer of said lot 1; thence north 60 degrees 00 minutes 23 seconds
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West a distance of288.66 feet; thence North 00 degrees 00 minutes 00 seconds
East a distance of 930.49 feet to a point on the west line oflot 7 in the said
subdivision which is 65.21 feet South 00 degrees 00 minutes 00 seconds West
from the northerly comer thereof; thence North 90 degrees 00 minutes 00 seconds
East a distance of 330.44 feet to the northeast comer oflot 8 in said subdivision;
thence South 63 degrees 26 minutes 19 seconds East a distance of 5 81.25 feet;
thence South 75 degrees 00 minutes 00 seconds East a distance of635.03 feet to a
point on a curve with a radius of 311.20 feet, the radius point which bears North
46 degrees 23 minutes 04 seconds West from said point; thence northeasterly
along said curve an are distance of 73 .95 feet to the point of compound curvature
with a curve having a radius of 452.53 feet, the radius point of which bears North
60 degrees 00 minutes 00 seconds West; thence northeasterly along said curve an
are distance of 135.58 feet to a point which bears South 77 degrees 09 minutes 58
seconds East from said radius point; thence North 45 degrees 00 minutes 00
seconds West a distance of289.81 feet; thence North 55 degrees 42 minutes 27
seconds West a distance of 622.64 feet; thence North 65 degrees 15 minutes 28
seconds West a distance of 304.42 feet; thence South 89 degrees 12 minutes 10
seconds West a distance of 138.74 feet; thence North 75 degrees 00 minutes 21
seconds West a distance of 493.85 feet; thence North 00 degrees 00 minutes 00
seconds East a distance of 112.78 to a 5/8 inch rebar with yellow cap marked
"Schneider Eng Firm #0001"; thence North 00 degrees 00 minutes 00 seconds
East a distance of637.10 feet; thence North 32 degrees 37 minutes 53 seconds
West a distance of 135.71 feet; thence North 45 degrees 00 minutes 00 seconds
West a distance of 756.18 feet to a 5/8/ inch rebar with yellow cap marked
"Schneider Eng Firm #0001"; thence South 90 degrees 00 minutes 00 seconds
West a distance of75.00 feet to a 5/8 inch rebar with yellow cap marked
"Schneider Eng Firm #0001"; thence South 30 degrees 00 minutes 00 seconds
West a distance of216.74 feet; thence South 90 degrees 00 minutes 00 seconds
West a distance of219.24 feet; thence South 18 degrees 16 minutes 56 seconds
West a distance of 674.21 feet to a 5/8 inch rebar with yellow cap marked
"Schneider Eng Firm #0001"; thence South 23 degrees 55 minutes 41 seconds a
distance of 202.47 feet; thence North 66 degrees 32 minutes 55 seconds West a
distance of81.82 feet; thence North 02 degrees 26 minutes 27 seconds West a
distance of221.14 feet; thence North 10 degrees 33 minutes 14 seconds West a
distance of 497.76 feet; thence North 05 degrees 09 minutes 02 seconds East a
distance of 67.88 feet; thence North 86 degrees 55 minutes 35 seconds West a
distance of 157.46 feet; thence North 03 degrees 04 minutes 25 seconds East a
distance of 116.30 feet; thence South 90 degrees 00 minutes 00 seconds West a
distance of 100.65 feet; thence South 45 degrees 00 minutes 00 seconds West a
distance of 141.42 feet; thence South 00 degrees 00 minutes 00 seconds West a
distance of 332.00 feet; thence South 02 degrees 57 minutes 30 seconds East a
distance of 1402.07 feet; thence South 27 degrees 50 minutes 11 seconds East a
distance of 146.79 feet; thence South 87 degrees 31 minutes 52 seconds East a
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distance of 129.31 feet; thence North 09 degrees 33 minuets 41 seconds East a
distance of 421.42 feet; thence South 65 degrees 46 minutes 20 seconds East a
distance of219.32 feet; thence South 12 degrees 14 minutes 15 seconds East a
distance of270.37 feet; thence South 13 degrees 34 minutes 16 seconds East a
distance of 670.92 feet; thence South 08 degrees 30 minutes 20 seconds West a
distance of97.04 feet; thence North 81 degrees 29 minutes 40 seconds West a
distance of273.56 feet; thence South 74 degrees 28 minutes 05 seconds West a
distance of 455.40 feet; thence South 01 degrees 12 minutes 00 seconds East a
distance of227.62 feet; thence North 88 degrees 48 minutes 00 seconds East
parallel with a south line of said southwest quarter section a distance of 155.43
feet to a point which bears South 88 degrees 48 minutes 00 seconds West parallel
with the south line of said quarter section from a concrete monument at the north
most comer oflot 7 in said subdivision; thence North 40 degrees 18 minutes 53
seconds East a distance of209.31 feet to a concrete monument; thence North 60
degrees 44 minutes 57 seconds East a distance of 148.82 feet; thence North 39
degrees 45 minutes 38 seconds East a distance of89.88 feet to a concrete
monument; thence North 60 degrees 00 minutes 00 seconds West a distance of
148.00 feet to the point of curvature of a curve having a radius of 350.00, the
radius point of which bears North 30 degrees 00 minutes 00 seconds East; thence
Easterly along said curve an are distance of 183.26 feet to a point which bears
South 00 degrees 00 minutes 00 seconds West from said radius point; thence
North 90 degrees 00 minutes 00 seconds East a distance of 92.26 feet to the
northeast comer of Greentree Country Club Subdivision Section Three, the plat of
which is recorded in Plat Book 4, page 145 in the Office ofthe Recorder of
Hamilton County, Indiana; thence North 00 degrees 00 minutes 00 seconds East
along the east line of said subdivision a distance of 1060.00 feet to the Point of
Beginning. Containing 120.534 Acres, more or less.
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Ordinance No. Z-395-02
Exhibit B
Twin Lakes Golf Club
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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
T~NLAKESGOLFCOURSE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-395-02
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. 98-02 Z) of the
City of Carmel Department of Community Services petitioning the Commission for a favorable recommendation to
rezone property commonly known as Twin Lakes 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.
395-02 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.
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RECEIVED
(:f:,~."rj " 2002
" CARMEL CLERK
TREASURER
on C. Dobosiewicz, Acting Secretary
Carmel/Clay Plan Commission
Dated: September 26, 2002