HomeMy WebLinkAboutDept Report 09-17-02
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CARMEL/CLAY PLAN COMMISSION
DEPARTMENT REPORT
September 17, 2002
lh. Docket No. 96-02 Z; Mohawk Place Rezone
Petitioner seeks a favorable recommendation of a rezone from I-l/Industrial to C-lICity
Center on 9.17 :l: acres. The site is located northwest of the intersection of City Center
Drive and Range Line Road. The site is zoned I-l/Industrial.
Filed by the Department of Community Services for the Carmel Redevelopment
Commission.
The proposed rezone will make the zoning of this property consistent with the C-lICity Center
zoning of the property to the south. This rezone is requested in an effort to aid in the
redevelopment of this property. (see Attached Draft Ordinance)
As the Plan Commission will recall the Public Hearing for this item was opened at the August
20th meeting. At that time the owner of the property spoke and stated that he had no objection to
the rezone. However, a letter from his attorney requested that the hearing be held open to the
September 1 ih meeting date and the item was tabled. ~ individual has contacted us with a
request for additional information regarding this rezone since prior to the hearing on August 20th.
The Department requested that the Plan Commission members review the Ordinance sections
regarding the existing I-I and C-l permitted uses and development standards. It is important to
note that the existing I-I standards do not require ADLS or Development Plan review by the
Commission regardless of the underlying development standards. It was suggested in comments
from the public that existing businesses would be forced to close and leave. The Department
noted and maintains that the rezoning of the property would not require any business to leave and
would allow the transfer in ownership of property and the use or other nonconforming uses to
occupy the subject property. The Department would ask that any person with additional
questions regarding nonconforming uses please contact us to receive accurate information
relating to how the rezoning of a property would affect its use.
Rezones of this type are not new to the Plan Commission. The Commission has forwarded
recommendations in the past on the initial C-l and C-2 zones, the Old Meridian zones, and the
Old Town and Home Place Overlays all of which were designed to guide redevelopment within
those areas. Dozens of businesses are located within these areas and continue to prosper. It is
only upon, among other things, redevelopment of a site (reconstruction or expansion) that in this
case the C-l development standards would apply to the subject property. The Department
recommends redevelopment of the subj ect property, when it occurs, to be held to the C-l
development standards, not to the I-I. Again, please take time to review the I-I and C-l
standards.
If there are no concerns raised by the public or comments from Plan Commission members
that remain unresolved at the end of the discussion on the item, the Department would
recommend that the Plan Commission suspend its rules and that this item be forwarded to
the City Council, at the conclusion of the Public Hearing, with a favorable
recommendation.
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Sponsor: Councilor Luci Snyder
ORDINANCE NO. Z-393-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
REZONING DISTRICT CLASSIFICATION
Rezoning the property commonly known as Mohawk Place Shopping Center from I-J/lndustrial
to C-l ICily Center.
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,
fudiana, 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 I-l/fudustrial district to the C-lICity Center district.
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.
Ordinance No. Z-393-02
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Ordinance No. Z-393-02 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
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-393-02
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Ordinance No. Z-393-02 Presented byrne to the Mayor of the City of Carmel, Indiana this
_ day of 2002, at .M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-393-02 Approved byrne, 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
Ordinance No. Z-393-02
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EXHIBIT A
Z-393-02
Legal Description
Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Beginning at a point on the South line ofthe Southeast Quarter of Section 25,
Township 18 North, Range 3 East which is 185.00 feet South 89 degrees 10
minutes 30 seconds West (assumed bearing) of the Southeast comer thereof;
thence North 00 degrees 00 minutes 00 seconds parallel with the East line of said
Southeast Quarter 190.00 feet; thence North 89 degrees 10 minutes 30 seconds
East parallel with the South line of said Southeast Quarter 185.00 feet to the East
line of said Southeast Quarter, thence North 00 degrees 00 minutes 00 seconds on
and along aforesaid Eastline 229.00 feet; then South 89 degrees 10 minutes 30
seconds West parallel with the South line of said Southeast Quarter 135.00 feet;
thence North 00 degrees 00 minutes 00 seconds parallel with the East line of said
Southeast Quarter 175.00 feet; thence South 89 degrees 10 minutes 30 seconds
West parallel with the South line of said Southeast Quarter 581.30 feet; to the
Easterly right of way line of the Monon Railroad; thence South 00 degrees 51
minutes 30 seconds East on and along said right of way line 593.94 feet to the
South line of said Southeast Quarter; thence North 89 degrees 10 minutes 30
seconds East on and along aforesaid South line 522.40 feet to the place of
beginning, containing 8.36 acres, more or less. Subject to all legal easements and
rights of way.
Plus
Part ofthe Southeast Quarter of Section 25, Township 18 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Beginning at the Southeast comer of the Southeast Quarter of Section 25,
Township 18 North, Range 3 East; thence West on and along the South line of
said Southeast Quarter 185.00 feet; thence North parallel with the East line of said
Southeast Quarter 190.00 feet; thence East parallel with the South line of said
Southeast Quarter 185.00 feet to the East line thereof; thence South on and along
aforesaid East line 190.00 feet to the place of beginning, containing 0.81 acre,
more or less. (Subject to all legal easements and rights of way.)
Ordinance No. Z-393-02
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