HomeMy WebLinkAboutZ-505-07 US 31/ B6 Rezone
~
Sponsor: Councilor Kevin J. Kirby
Ordinance No. Z-505-07
.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
CARMEL, INDIANA TO REZONE PROPERTY FROM OM/SU AND S2
WITHIN THE US 31 OVERLAY TO B6 WITHIN THE US 31 OVERLAY
Rezoning of 21.086 acres located on the northeast corner of the intersection of West Main Street
and Us. 31 (also known as Meridian Street)
from the OM/SU and S2 District Classifications within the US 31 Overlay District Classification
to the
B6 District Classification within the US 31 Overlay District Classification
WHEREAS, J.c. 36-7-4, et seQ., empowers the Carmel Plan Commission to hold
public hearings and make recommendations to the Common Council of the City of Carmel,
Indiana concerning ordinances for the zoning or districting of lands within the incorporated areas
of the City of Carmel; and,
WHEREAS, the Carmel Plan Commission has conducted a public hearing in
accordance with I.C. 36-7-4, et seQ., with respect to a proposal to amend the Cannel Zoning
Ordinance Z-289, as amended, and Zone Map of the City of Carmel, Indiana, and has certified
such proposal to the Common Council of the City of Carmel with a favorable recommendation:
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City
of Carmel, Indiana, pursuant to I.c. 9 36-7-4 et seQ., as an amendment to the Carmel Zoning
Ordinance, as follows:
Section I.
Applicabilitv of Ordinance
Pursuant to Carmel Plan Commission Docket No. 070200] 2 Z, the Official
Zoning Map of the City of Carmel, as part of the Carmel Zoning Ordinance, is hereby changed to
designate the land described in Exhibit "A" (the "Real Estate"), and depicted in Exhibit "8", as a
86 District Classification within the US 3 I Overlay District Classification.
Section 2.
Severabilitv
If any section of this Ordinance shall be held invalid by a court of competent
jurisdiction, its invalidity shall not affect any other provisions of this Ordinance that can be given
effect without the invalid provision, and for this purpose, the provisions of this Ordinance are
hereby declared to be severable.
aPDaOl4757847vl
Section 3.
Effective Date
This Ordinance shall be effective upon its adoption by the Common Council of
the City of Carmel, as provided in i.c. 36-7-4.
Section 4.
Violations of Ordinance
All violations of this Ordinance shall be subject to Section 34.0 of the Carmel
Zoning Ordinance.
PASSED by the Common Council of the City of Carmel, Indiana, this J R .f~ay of
~ ,2007, by a vote of ~ ayes and ~ nays.
COMMON COUNCIL F R THE CITY OF CARMEL
~
Kevi . Kirby
N ~ \ p{l.es, EA.)/
Brian D. Mayo
dLW~
No,,- PR-6S€iNT
Mark Rattermann
Jif~
Richard L. Sharp
I
Diana L. Cordray, IAMC, Clerk-Trea urer
~
2
BDDB014757847vl
Ordinance No. Z-505-07 Presented by me to the Mayor of the City of Carmel, Indiana
this Ir dayo~ 2007, at 'l?t().3 -P.M.
Ordinance No. Z-505-07 Approved by me, Mayor of the City of Carmel, Indiana, this
\~~ daYOf~ 2007, at '6:03 ..eM.
\
A ITEST:
~/
Prepared by: Joseph M. Scimia
Browning Real Estate Partners Attorney
Baker & Daniels
600 E. 96th Street, Suite 600
Indianapolis, Indiana 46240
(317) 569-4680 Direct Dial
(317) 569-4800 Fax
3
BDDBOl4757847vl
Ordinance No. Z-505-07
Exhibit A
LEGAL DESCRIPTION
Parcel I: 17.020 Acre Parcel Description
Part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East in Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Southwest corner of the Northeast Quarter of said Section 26; thence North
00 degrees 14 minutes 28 seconds West (based on a survey by Fink Roberts & Petrie, Inc.,
Project No. 03023) along the West line of said Northeast Quarter 96.29 feet to the proposed
North right of way of 131 st Street and the POINT OF BEGINNING; thence continuing North 00
degrees 14 minutes 28 seconds West along said West line 616.06 feet to the Southern Limited
Access Right of Way of U.S. 31 and a non-tangent curve to the right having a radius of2146.83
feet, the radius point of which bears South 47 degrees 17 minutes 35 seconds East; thence
Northeasterly along said curve 104 1.44 feet to a point which bears North 19 degrees 29 minutes
55 seconds West from said radius point; thence North 70 degrees 27 minutes 05 seconds East
159.48 feet; thence North 88 degrees 46 minutes 1 I seconds East 30.73 feet; thence South 00
degrees II minutes 57 seconds East 780.64 feet; thence South 89 degrees 48 minutes 03 seconds
West 609.68 feet; thence South 44 degrees 07 minutes 42 seconds West 100.33 feet; thence
South 0 I degrees 16 minutes 57 seconds East 401.00 feet to the proposed North right of way of
Sl
13 I Street (the following two courses are along said North right of way); I) thence South 88
degrees 43 minutes 03 seconds West parallel with the South line of said Northeast Quarter
326.71 feet to a non-tangent curve to the left having a radius of 100.00 feet, the radius point of
which bears South 44 degrees 17 minutes 23 seconds West; 2) thence Northwesterly along said
curve 52.15 feet to the POINT OF BEGINNING, which point bears North 14 degrees 24 minutes
45 seconds East from said radius point, containing 17.020 acres, more or less.
Parcel 11:
4.066 Acre Parcel Description
Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North,
Range Three (3) East in Hamilton County, Indiana, described as follows:
Beginning at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00
degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereof a distance of
712.35 feet to a point on the easterly limited access right of way line for U.S. Highway 31 (North
Meridian Street), said point being on a curve having a radius of2I46.83 feet, the radius point of
which bears South 47 degrees 16 minutes 28 seconds East; thence southwesterly along the curve
of said right of way line in arc distance of765.78 feet to a point which bears North 67 degrees 42
minutes 40 seconds West from said radius point; thence continuing along said right of way line
South 54 degrees 45 minutes 59 seconds East a distance of 107.61 feet; thence South 01 degrees
30 minutes 53 seconds East a distance of I 6.50 feet; thence North 88 degrees 29 minutes 07
seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the
Beginning Point; containing 4.066 acres, more or less.
4
BOOBOl4757847vl
Ordinance No. Z-SOS-07
Exhibit B
".~1
~>"."-.-.'.". .....:_.-.._.'....: ElM)/M F
-, ,:,~
c"'r..~ . .
~B~:i~
~:;~~~.~
. ~- ~'
"i';","-o.-,'"
t~,~- _ ':j. '.
;at-~;'AlE.::;:-' ~
-... .' ,.:~ - - .
~.> 1\,,;t- ~
....'.''''. f . _~..'
.' ',C' :i ~-"
~~~"ci;,._'. " ..
-, . -~'--~'l.o.O_ "
".,,,,,,~ &'9.
. ~~~~ lC5Mi"6Y~,,:,,"'
,
1328 - 1440 Main Street West
Proposed Rezone to 8-6/ US 31 Overlay
5
BDDBOl4757847v1
CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF BROWNING REAL ESTATE
& THE CITY OF CARMEL
TO REZONE PROPERTY LOCATED
AT 1328-1440 WEST MAIN STREET
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-505-07
To: The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket No. 07020012 Z)
of Browning Real Estate and the City of Carmel, petitioning the Commission for a favorable
recommendation to rezone property located at 1328-1440 West Main Street, from OM/SU and S2 within the
US 31 Overlay to B6 within the US 31 Overlay to provide for commercial and office uses.
The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE"
At its regularly scheduled meeting on April 17, 2007, the Carmel Plan Commission voted nine (9) In Favor,
zero (0) Opposed, to forward to the Common Council the proposed Ordinance No. Z-SOS-07 with a
FAVORABLE recommendation.
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-
4-608(1)(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 (May 9, 2007) is Monday, July 27, 2007.
BY:
Leo Dierckman; President
Ra ona Hancock, Secretary
Carmel Plan Commission
Dated: May 9, 2007
2007-0509; 2.505-07 WEST MAIN STREET REZONE CERTIFICA TION
Received
MAY 9 2007
Carmel
Clerk-Treasurer
.. D
o
p.@)
COMMITMEN;rs. CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
'MADE IN CONNECTION WITH A REZONING OF PROPERTY
In accordance with I.C. 36-7-4-615, and Section 31.06.05 of the Carmel Zoning Ordinance, the
undersigned, being the Owner(s) of the real estate located in Hamilton County, Indiana, which is
described below, makes the following Commitments to the Common Council of the City of Carmel (the
. "Council") concerning the use and development of that parcel of Real Estate:
I. . Description of Real Estate: .
See Legal Description attached as Exhibit "A" (the "Real Estate").
II. Ordinance Nnmber / Plan Commission Docket Nnmber:
Ordinance Number: Z-505-07 / Plan Commission Docket Number: 07020012 Z
m. Statement of Commitments:
.1. The total gross square feet of retail uses (as specified in Appendix A: Schedule of Uses of the
Carmel Zoning Ordinance) located on Lot I of the Real Estate as generally depicted on the
Preliminary Conceptual Plan attached as Exhibit "B" shall not exceed fifteen percent (15%) of the
total gross floor area to be developed on the Real Estate per approved development plans.
IV. Binding on Successors & Assigns:
These Commitments shall be binding on the owner, subsequent owners of the real estate and
other persons acquiring an interest therein.
V. Effective Date:
Commitments contained in this instrument shall be effective upon the adoption of Ordinance
Number Z-505-07 (plan Commission Docket Number: 07020012 Z) by the Council changing
the zoning classification of the real estate from a OM/SU & S-2 (US 31 Overlay) zoning
classification to a B-6 (US 31 Overlay) zoriing classification and shall continue in effect for as
long as the above-described parcel of real estate remains zoned to the B~6 (US 31 Overlay)
zoriing classification or until such other time as may be specified herein.
VI. Modification:
These.Commitments may be mOdified or terminated only by,adecisioil made by the Council at a
public hearing after proper notice has been given in accordance with the Council's Rules of
Procedures. .
VII. Enforcement:
These Commitments may be enforced by the Common Council of the City of Carmel.
. . .
Page 10[5
.2007044967 MISe $19.00
08/08/2007 03:29:20P 5 PGS
Jennifer J Hayden .
HAMILTON Counly Recorder IN----'.-.--
Recorded as Presenled
BDDBOI4mS68vl
, '
VIII. Recording:
The undersigned hereby authorizes the Secretary of the CoUncil t~record these Commitments in
the Office of the Recorder of Hamilton County, Indiana, upon fmal approval of Ordinance
NumberZ-505-07 (Plan Commission DocketNumber: ,07020012 Z) by the Council.
Jt: IN WITNESS WHEREOF, owrier has executed this instrument this
lAl'lr. ,,20 eY7 . , '
c2.7TS.
day of
By:
()1
Title: lice Presidetl+ - i?>ro,,sl\irlj
STATE OF INDIANA )
) SS:
COUNTY OF HAMIL TON )
Tn V"~dMen ts'.~rm, un~1he penalties for perjury: ~;t I ~:;
taken reason}ble"eare'Jo redact each SOCI ecun.,
nu",ber in t\lis~lime.nt. un 5S requited by law.
( Mme
Before me, a Notary Public in and for said County and State, personally appeared
:Jt.lme.< 'AI ,Arnw "I 11~ " , the '~IU Prt.5idPAI- ' ' , 'of
1\""olJJnir~5 r.nvt:.<+fi1 Ylk; .J:J'1r:," ,',', , Owner of the real estate who ,
acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that
any representations therein contained are true. '
Witness my hand and Notarial Seal this
~ 71i. day of ,jwv> ,',,'
d)~ /(: Jr,.dI
Notary Public , . ,
Ar~ (VI ee. f(.. /)ne II
Printed Name of Notary Public
.. . - .. .
,20 En
My Commission expires: JOJ'lJ'{{)";Y
My County of residence: ,~ry'
;Jf.2 ' cQO/.~
(
Pagelof5
, BDDB014777868vl
EXHIBIT" A"
Legal Description, .
Parcel I: 17.020 Acre Parcel Description
. Part of the Northeast Quarter of Section 26, Township IS North, Range 3 East in Hamilton County,.
Indiana, more particularly described as follows:
. . .
. .
. .
Commencing at the Southwest comer of the Northeast Quarter of said Section 26; thence North 00
degrees 14 minutes 28 seconds West (based on a survey by Fink Roberts & Petrie, Inc., Project No.
03023) along the West line of said Northeast Quarter 96.29 feet to the proposed North right of way of
13 1st Street and the POINT OF BEGlNNlNG; thence continuing North 00 degrees 14 minutes 28
seconds West along said West line 616.06 feet to the Southern Limited Access Right of Way ofU,s.
31 and a non-tangent curve to the right having a radius of 2146.83 feet, the radius point of which bears
South 47 degrees 17 minutes 35 seconds East; thence Northeasterly along said curve 1041.44 feet to a
point which bears North 19 degrees 29 minutes 55 seconds West from said radius point; thence North.
70 degrees 27 minutes 05 seconds East 159.48 feet; thence North 88 degrees 46 minutes 11 seconds
... East 30.73 feet; thence South 00 degrees II minutes 57 seconds East 780.64 feet; thence South 89
degrees 48 minutes 03 seconds West 609.68 feet; thence South 44 degrees 07 minutes 42 seconds West
100.33 feet; thence South 01 degrees 16 minutes 57 seconds East 401.00 feet to the proposed North .
rightofway of 131 st Street(the following two courses are along said North right of way); I) thence
. South 88 degrees43 minutes 03 seconds West parallel with the South line of said Northeast Quarter
326.71 feet to a non-tangent curve to the left having a radius of 100.00 feet, the radius point of which
bears South 44 degrees I Tminutes 23 seconds West; 2) thence Northwesterly along said curve 52.15
feet to thePOlNT OF BEGlNNlNG, which point bears North 14 degrees 24 minutes 45 seconds East
. frmn said radius point, containing 17.020 acres, more or less.
Parcel TI:
4.066 Acre Parcel Description
. .
. .
Part of the Northwest Quarter of Section Twenty-six (26) in.Township Eighteen (18) North, Range
Three (3) East in Hamilton County; Indiana, described as follows:
. .
Begimling at the Southeast comer of the Northwest Quarter of said Section 26; thence North 00 .
degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereof a distance of7i2.35
feet to a point on the easterly limited access right of way line for U.S. Highway 31 (North Meridian
.Street), said point being on a curve having a radius of2146.83 feet, the radius point of which bears
South 47 degrees 16 minutes 28 seconds East; thence southwesterly along the curve of said right of
. way line in arc distance of765.78 feet to a pOint which bears North 67 degrees 42 minutes 40 seconds
West from said radius point; thence continuing along said right of way line South 54 degrees 45.
minutes 59 seconds East a distance of 107.61 feet; thence South 01 degrees 30 minutes 53 seconds .
East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07 seconds East along the south line
of said Northwest Quarter a distance of325.87 feet to the Beginning Point; containing 4.066 acres,
more or less. .. .
Page 4 of5
. . BDDBOI 4777868vl
." "
. EXHIBIT "B" "
c-
"<1> "
cPo
-'
"-
- ."
"" "
c;;i
'"-;1-
lJJ
....,
~"
~
'"-;I
" C
" "il
tl
I
.
.
......
"no
1~~!E::""ir
I
~.
-~-
_:.;::'...-r~
Page 5 0/5
BOOBOI4777868v1