HomeMy WebLinkAboutPacket to City Council 09-03-02
MEMORANDUM
TO: Carmel City Council
FROM: Jon C. Dobosiewicz
Department of Community Services
SUBJECT: Item forwarded by the Plan Commission for action by the City Council
DATE: August 23, 2002
Please find information on the following recommendation made by the Plan Commission
attached. This item will appear on your September 3rd Agenda.
Z-392-02, Plum Creek Golf Course (Rezone)
PC Docket No. 97-02 OA
Petitioner seeks approval of a rezone from S-IIResidential to P-I/Parks and Recreation
on 207.5 ~ acres. The site is located north and south of 1 26th Street between Hazel
Dell Parkway and River Road. The site is zoned S-IIResidential.
Filed by the Department of Community Services.
The information has been arranged in the following format:
I. First page( s) include brief description of Ordinance and background information.
2. Copy of Ordinance. Copied on yellow paper.
3. Copy of Plan Commission Certification. Copied on blue paper.
Council Report 2002-8-233
CARMEL CITY COUNCIL
September 3, 2002
Docket No. 97-02 Z; Plum Creek Rezone
Petitioner seeks a favorable recommendation of a rezone from S-I/Residential to P-
l/Parks and Recreation on 207.5 :t acres. The site is located north and south of 126th
Street between Hazel Dell Parkway and River Road. The site is zoned S-
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 S-I/Residential. This zoning classification would permit, among other things, the
development ofthe 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 the 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, 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. 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 Carmel/Clay Plan Commission forwards this ordinance to the Common Council with a
unanimous (11-0) 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
on the evening of September 13th.
Council Report 2002-8-233
CARMEL/CLAY ZONING ORDINANCE
CHAPTER 20H: P-l/PARK & RECREATION DISTRICT
20H.O P-1lPllrk llnn Rec-relltion Di~tr1d.
20H.l PlIrpo~e llnn 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 Permitten I 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)
Ce111etel)'
ChdlC-h, temple or other plac-e OfWOHihip
Country club
Golf course
Historic site
:MUi:)eUIH
Park 01 iec-leational delJelopmeilt 01 fadIity
Pll v ate dub or lodge
Religious 01 c-hatitable institution
Telllli6 011ac-ql1etball fac-illt)'
Sec. 20H2 amended per Ordinance No. Z-378-02.
20H.3 Spec-ill! 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. 20H3 amended per Ordinance No. Z-378-02.
20H.4 Spec-ill! Excf'1'tion~:
Council Report 2002-8-233
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~ Reqlllrement~:
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 2002-8-233
Sponsor: Councilor Wayne Wilson
ORDINANCE NO. Z-392-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
REZONING DISTRICT CLASSIFICATION
Rezoning the Plum Creek Golf Course from the S-l/Residence District Classification to the P-
i IParks & Recreation District Classification
WHEREAS, the CarmeVClay 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 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-392-02 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
2
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-392-02 Presented by me to the Mayor ofthe City of Carmel, Indiana this
_ day of
2002, at
.M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-392-02 Approved by me, Mayor ofthe City of Carmel, Indiana, this_
day of
2002, at
.M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by:
Kelli Lawrence
Long Range Planner
Department of Community Services
One Civic Square
Carmel, IN 46032
3
Ordinance No. Z-392-02
Exhibit A
LEGAL DESCRIPTION
Plum Creek Golf Course
Commencing at the northwest comer of the Southwest Quarter of said Section 27;
thence South 89 degrees 50 minutes 26 seconds East (assumed bearing) along the
north line of said Southwest Quarter of Section 27 a distance of 450.00 feet to the
Point of Beginning; thence continuing South 89 degrees 50 minutes, 26 seconds East
along said north line of the Southwest Quarter of said Section 27 a distance of
1596.62 feet; thence south 00 degrees 00 minutes 00 seconds East a distance of
328.98 feet; thence South 59 degrees 30 minutes 00 seconds East a distance of
350.41 feet; thence South 44 degrees 30 minutes 00 seconds East a distance of
277.45 feet; thence South 49 degrees 28 minutes 12 seconds East a distance of
200.71 feet; thence South 54 degrees 00 minutes 00 seconds East a distance of88.42
feet; thence South 46 degrees 31 minutes 43 seconds East a distance of 80.80 feet;
thence South 43 degrees 00 minutes 00 seconds East a distance of 452.04 feet; thence
South 22 degrees 11 minutes 22 seconds East a distance of317.65 feet; thence South
06 degrees 30 minutes 00 seconds West a distance of354.12 feet; thence South 02
degrees 44 minutes 02 seconds East a distance of 229.20 feet; thence South 24
degrees 45 minutes 00 seconds East a distance of 196.21 feet; thence South 06
degrees 04 minutes 26 seconds East a distance of 151.80 feet; thence South 00
degrees 00 minutes 00 seconds East a distance of 168.89 feet to the north line ofthe
Northeast Quarter of Section 34; thence South 89 degrees 44 minutes 56 seconds
East along the north line of said Northeast Quarter of Section 34 a distance of977.93
feet; thence South 00 degrees 00 minutes 00 seconds East a distance of205.59 feet;
thence South 35 degrees 09 minutes 36 seconds West a distance of 107.90 feet;
thence South 39 degrees 30 minutes 00 seconds West a distance of 345.57 feet;
thence South 26 degrees 41 minutes 53 seconds West a distance of 158.63 feet;
thence South 06 degrees 26 minutes 45 seconds West a distance of 158.27 feet;
thence South 00 degrees 00 minutes 00 seconds East a distance of 137.56 feet; thence
South 90 degrees 00 minutes 00 seconds East a distance of125.00 feet; thence South
00 degrees 00 minutes 00 seconds East a distance of 98.40 feet; thence North 90
degrees 00 minutes 00 seconds West a distance of 125.00 feet; thence South 00
degrees 00 minutes 00 seconds East a distance of 540.00 feet; thence North 90
degrees 00 minutes 00 seconds East a distance of 124.36 feet to a curve having a
radius of225.00 feet, the radius point of which bears North 85 degrees 40 minutes 58
seconds West; thence Southwesterly along said curve an arc distance of 195.10 feet
to a point of which bears South 36 degrees 00 minutes 00 seconds East from said
radius point; thence North 36 degrees 00 minutes 00 seconds West a distance of
187.19 feet; thence North 62 degrees 44 minutes 23 seconds West a distance of
161.47 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of
269.09 feet; thence South 17 degrees 00 minutes 00 seconds West a distance of
244.60 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of
4
194.25 feet; thence South 44 degrees 00 minutes 00 seconds East a distance of
100.00 feet to a curve having a radius of275.00 feet, the radius point of which bears
South 44 degrees 00 minutes 00 seconds East; thence Southwesterly along said curve
an arc distance of70.79 feet to a point of which bears North 58 degrees 45 minutes
00 seconds West from said radius point; thence South 31 degrees 15 minutes 00
seconds West a distance of 10.00 feet; thence South 58 degrees 45 minutes 00
seconds East a distance of 50.00 feet; thence South 55 degrees 45 minutes 00 seconds
East a distance of 1 02.31 feet; thence North 64 degrees 00 minutes 00 seconds East a
distance of 689.29 feet; thence South 71 degrees 57 minutes 00 seconds East a
distance of 103.10 feet; thence North 83 degrees 00 minutes 00 seconds East a
distance of 206.29 feet; thence North 30 degrees 39 minutes 27 seconds East a
distance of 108.62 feet; thence North 13 degrees 00 minutes 00 seconds East a
distance of 391.61 feet; thence North 10 degrees 42 minutes 03 seconds West a
distance of 172.42 feet; thence North 35 degrees 30 minutes 00 seconds West a
distance of 175.13 feet; thence North 63 degrees 00 minutes 00 seconds West a
distance of 176.87 feet; thence North 88 degrees 56 minutes 26 seconds West a
distance of 185.12 feet; thence North 00 degrees 00 minutes 00 seconds West a
distance of 70.20 feet; thence North 90 degrees 00 minutes 00 seconds East a
distance of 130.00 feet; thence North 00 degrees 00 minutes 00 seconds West a
distance of 134.53 feet; thence North 23 degrees 12 minutes 09 seconds East a
distance of 166.84 feet; thence North 39 degrees 30 minutes 00 seconds East a
distance of 402.63 feet; thence North 21 degrees 40 minutes 07 seconds East a
distance of 214.35 feet; thence North 00 degrees 00 minutes 00 seconds East a
distance of 186.88 feet to the north line of said Northeast Quarter of Section 34;
thence South 89 degrees 44 minutes 56 seconds East along said north line of the
Northeast quarter of Section 34 a distance of 642.96 feet to the Northeast comer of
said Northeast Quarter of Section 34; thence South 00 degrees 07 minutes 39 seconds
West along the east line of said Northeast Quarter of Section 34 a distance of2378.48
feet to a point distant 297.40 feet north ofthe south line ofthe North Half of Section
34; thence North 89 degrees 31 minutes 07 seconds West parallel with the south line
of the North Half of said Section 34 a distance of 2355.00 feet; thence North 00
degrees 07 minutes 39 seconds East a distance of 0.60 feet; thence North 89 degrees
31 minutes 07 seconds West parallel with said south line of the North Half of Section
34 a distance 422.44 feet; thence North 22 degrees 00 minutes 00 seconds East a
distance of 294.97 feet; thence North 17 degrees 00 minutes 00 seconds West a
distance of 417.45 feet; thence North 08 degrees 46 minutes 22 seconds East a
distance of 256.51 feet; thence North 87 degrees 30 minutes 00 seconds West a
distance of220.00 feet to a curve having a radius of625.00 feet, the radius point of
which bears North 87 degrees 30 minutes 00 seconds West; thence Northerly along
said curve an arc distance of27.27 feet to a point of which bears North 90 degrees 00
minutes 00 seconds East from said radius point; thence North 00 degrees 00 minutes
00 seconds West a distance of 364.16 feet; thence North 90 degrees 00 minutes 00
seconds East a distance of 10.00 feet; thence North 00 degrees 00 minutes 00 seconds
5
West a distance of 343.00 feet to a curve having a radius of590.00 feet, the radius
point of which bears South 90 degrees 00 minutes 00 seconds East; thence Northerly
along said curve an arc distance of 195.65 feet to a point which bears North 71
degrees 00 minutes 00 seconds West from said radius point; thence North 19 degrees
00 minutes 00 seconds East a distance of 194.15 feet to a curve having a radius of
660.00 feet, the radius point of which bears North 71 degrees 00 minutes 00 seconds
West; thence Northerly along said curve an arc distance of 135.27 feet to a point of
which bears South 82 degrees 44 minutes 36 seconds East from said radius point;
thence North 07 degrees 15 minutes 24 seconds East a distance of 81.44 feet; thence
North 00 degrees 00 minutes 00 seconds West a distance of 38.27 feet to a curve
having a radius of25.00 feet, the radius point of which bears North 90 degrees 00
minutes 00 seconds East; thence Northeasterly along said curve an arc distance of
39.32 feet to a point of which bears North 00 degrees 06 minutes 15 seconds East
from said radius point; thence North 00 degrees 00 minutes 00 seconds East a
distance of 45.00 feet to the south line ofthe Southwest Quarter of Section 27; thence
89 degrees 53 minutes 43 seconds East along said south line of the Southwest
Quarter of said Section 27 a distance of 99.95 feet; thence North 00 degrees 00
minutes 00 seconds West a distance of 805.97 feet; thence North 12 degrees 30
minutes 06 seconds West a distance of214.64; thence North 30 degrees 00 minutes
00 seconds West a distance of 525.88 feet; thence North 65 degrees 00 minutes 00
seconds West a distance of 233.13 feet; thence North 90 degrees 00 minutes 00
seconds West a distance of 318.83 feet; thence South 52 degrees 16 minutes 08
seconds West a distance of 425.61 feet; thence North 15 degrees 13 minutes 44
seconds West a distance of 32.32 feet; thence North 00 degrees 00 minutes 00
seconds West a distance of 407.09 feet; thence North 39 degrees 00 minutes 00
seconds West a distance of 272.43 feet; thence North 65 degrees 00 minutes 00
seconds West a distance of 460.89 feet; thence South 51 degrees 30 minutes 00
seconds a distance of 175.61 feet; thence South 00 degrees 00 minutes 00 seconds
West a distance of752.84 feet; thence North 90 degrees 00 minutes 00 seconds West
a distance of 671.80 feet to the west line of the Southwest Quarter of Section 27;
thence North 00 degrees 17 minutes 50 seconds East along the west line ofj said
Southwest Quarter of Section 27 a distance of 857.19 feet; thence South 89 degrees
50 minutes 26 seconds East parallel with the north line of said Southwest Quarter of
Section 27 a distance of 250.48 feet to a curve having a radius of 200.00 feet, the
radius point of which bears North 00 degrees 09 minutes 34 seconds East; thence
Northeasterly along said curve an arc distance of 313.68 feet to a point of which
bears South 89 degrees 42 minutes 10 seconds East from said radius point; thence
North 00 degrees 17 minutes 50 seconds East parallel with said west line of the
Southwest Quarter of Section 27 a distance of 300.48 feet to the Beginning Point,
containing 207.496 acres, more or less.
6
Ordinance No. Z-392-02
Exhibit B
Plum Creek Golf Course
P.l Rezone Area (Plum Creek Golf Course)
Docket Number 97-02 Z
7
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
PLUM CREEK GOLF COURSE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-392-02
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. 97-02 Z) of the
City of Carmel Department of Community Services petitioning the Commission for a favorable recommendation to
rezone property commonly known as Plum Creek Golf Course:
The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting of August 20, 2002, the Carmel/Clay Plan Commission voted eleven (11) in
Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. z..
392-02 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 Tuesday, November 19, 2002.
CARMEL/CLAY PLAN COMMISSION
BY'~M.~U./
Marll ~derso resident
mona Hancock, Secretary
Carmel/Clay Plan Commission
RECEIVED
CARMEL CLERK
TREASURER
Dated: August 21, 2002
AUS2 I 2002