HomeMy WebLinkAboutZ-506-07 Rezone 10212-10218 Michigan Rd
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SPONSOR: COUNCILOR SHARP
ORDINANCE Z-S06-07
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
CHANGE OF ZONING CLASSIFICATION, REZONING OF 9 ACRES OF REAL ESTATE AT
10212 -10218 NORTH MICHIGAN ROAD FROM S-l/INDUSTRIAL
'. TO B-2 BUSINESS ZONING CLASSIFICATION
WHEREAS, pursuant to Indiana Code 936-7-4-600 et seq., the Common Council of the
City of Carmel, Indiana, has lawfully adopted a Zoning Ordinapce, theterms of which are applicable to
the geographic area consisting of the incorporated area ofthe City of Carmel, Indiana, and the
unincorporated area of Clay Township, Hamilton County, Indiana, which Zoning Ordinance has been
codified in Chapter 10 of the Carmel City Code; and
WHEREAS, pursuant to the Indiana Code ~36-7 -4-602, the Common Council is
authorized to amend the map that is part of the Zoning Ordinance; and
WHEREAS, the Carmel Plan Commission has rendered a unanimous favorable
recommendation regarding a request to rezone certain real property, the legal description of which is
attached hereto and incorporated herein by reference as Exhibit "A" (hereafter "Real Estate").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
Section I: The official Zoning Map accompanying and made part of the Zoning Ordinance is
hereby amended to change the zoning classification ofthe Real Estate from the I-I zoning classification
to the B-2/Business zoning 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Ordinance are hereby repealed.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.
~
n /"" "...1 PASSED by the Common Council of the City of Carmel, Indiana, this ~
())1~, 2007, by a vote of '7 ayes and ~nays.
day of
ATIM
Q Presented by me to the Mayo
..u~.n:t ,2007,at q: i-f,J..
of the City of Carmel, Indiana this 7+l- day of
.4 .M.
~
Diana L. Cordray, IAMC, Clerk Tr
~ Approved by me, Mayor of the City of Carmel, Indiana, this g~ day of
'^61aX 2007, at \0: 02... .M. __
ATTEST
~
Prepared by: Joseph D. Calderon, Esq., Paul G. Reis, Esq., Bose McKinney & Evans LLP, 301 Pennsylvania Parkway, Suite
300, Indianapolis, IN 46280.
2
EXHIBIT A
LEGAL DESCRIPTION
FOR
Ordinance Z-506-07
10212-10218 N. Michigan Avenue, Cannel, Indiana
Instrument #8820718
Part of the Southeast Quarter ofthe Northwest Quarter of Section Seven (7), Township Seventeen (17)
North, Range Three (3) East, more particularly described as follows:
From the Southwest comer of the Southeast Quarter of the Northwest Quarter of said Section measure
Northerly along the West line of said tract 272.8 feet, more or less, to the extended South line of the
tract ofland currently owned by Fred Evans, et al; thence Easterly 22.4 feet, more or less, to the
Southwest comer of the tract currently owned by Evans; thence continuing Easterly 312.2 feet, more or
less, along said South line for a point of beginning; said point being 454.5 feet West of the center line of
the Michigan Road; thence deflecting left 90 degrees measure Northerly 98 feet; thence deflecting right
90 degrees measure Easterly 434.5 feet, to the center of the Michigan Road; thence deflecting right 78 .
degrees 28 minutes measure Southeasterly along the center of said road 100 feet; thence deflecting right
101 degrees 32 minutes measure Westerly 454.5 feet to the place of beginning, in Hamilton County,
Indiana.
Instrument #8742059
PARCEL I: Part of the Southeast Quarter ofthe Northwest Quarter of Section 7, Township 17 North,
Range 3 East, Hamilton County, Indiana, more particularly described as follows, to-wit:
Beginning in the West line of said quarter quarter section, at a point 304.3 feet
North of the Southwest comer of said quarter quarter section; running thence North upon and along the
West line of said quarter quarter section, 263.2 feet to a point; thence North 81 degrees 36 minutes East
218.55 feet to a point; thence South 8 degrees 24 minutes East 125 feet to a point; thence North 81
degrees 36 minutes East 150 feet to a point "A"; thence South 8 degrees 24 minutes East 38.64 feet to a
point; thence North 81 degrees 36 minutes East 347.58 feet to a point in the center line of Michigan
Road (U.S. Road #421) as now located and established; thence Southeasterly upon and along the
\l16377_2.DOC
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centerline of said road 30.62 feet to a point; thence South 81 degrees 36 minutes West 434.5 feet to a
point; thence South 8 degrees 24 minutes East 98 feet to a point; thence South 81 degrees 36 minutes
West 312.2 feet to a point; thence in a Northwesterly direction 36 fect to the place of beginning.
Subject, however, to a permanent easement for roadway and driveway purposes over and across the
above described real estate:
Beginning at the foregoing point "A"; running thence South 8 degrees 24 minutes East 38.64 feet to a
point; thence North 81 degrees 36 minutes East 347.58 feet to a point in the center line of. Michigan
Road (U.S. Road #421) as now located and established: thence in a Southeasterly direction upon and
along the center line of said road 30.62 feet to a point; thence South 81 degrees 36 minutes West 404.5
feet to a point; thence North 8 degrees 24 minutes West 68.64 feet to a point; thence North 81 degrees
36 minutes East 50 feet to the place of beginning.
PARCEL II:
Part of Lot 11 in "Park Northwestern", the plat of which was recorded in Plat Book 8 on pages 128 thru
132 on September 4,1980 as Instrument #13619 in the Office of the Recorder of Hamilton County,
Indiana, more particularly described as follows:
Beginning at the Southeast comer of said Lot 11; thence along the South line of said Lot 11 South 88
degrees 54 minutes 36 seconds West 628.40 feet; thence North 46 degrees 55 minutes 54 seconds East
710.43 feet to a point in a North line of said Lot 11; thence along the North line of said Lot 11 North 89
degrees 33 minutes 40 seconds East 105.50 feet to a point in a East line of said Lot II, said point bears
North 00 degrees 26 minutes 20 seconds West 474.00 feet from the Point of Beginning; thence along the
East line of said Lot 11 South 00 degrees 26 minutes 20 seconds East 474.00 feet to the Point of
Beginning.
PARCEL III: Part of the Southeast Quarter of the Northwest Quarter of Section 7, Township 17 North,
Range 3 East, more particularly described as follows:
From the Southwest comer of said Quarter Quarter Section, measure Northerly along the West line
thereof272.8 feet to a point on the South line of the tract ofland currently owned by Fred Evans, et aI, if
the same were extended Westward; thence North 81 degrees 36 minutes East along said extended line
22.4 feet to the Southwest comer of the said Evans tract; thence continuing North 81 degrees 36 minutes
East along the South line of said tract 242.2 feet to a point; thence deflecting left 90 degrees, measure'
Northerly 166.64 feet, more or less, to a point for a place of beginning, said point of beginning being
916317_2.DOC
A-2
125.0 feet South on the normal from the North line ofthe said Fred Evans tract; thence Easterly parallel
to said North line 150.0 feet; thence deflecting left 90 degrees, measure Northerly 125.0 feet to the
North line of aforesaid tract; thence Westerly along same 150.0 feet; thence deflecting left 90 degrees,
measure Southerly 125.0 feet to the place of beginning, containing 0.43 acre, more or less;
ALSO, a permanent easement for roadway purposes described as follows:
Beginning at the Southeast corner of the 0.43 acre tract; thence Westerly along the South line thereof
50.00 feet; thence deflecting left 90 degrees measure Southerly 68.64 feet to a point 98.00 feet distance
from the South line of said Fred Evans tract; thence deflecting left 90 degrees measure Easterly parallel
to said South line a distance of 404.5.0 feet to the centerline of the Michigan Road (State Road U.S.
421) ; thence deflecting left 101 degrees 52 minutes measure Northwesterly with said centerline 30.62
feet; thence deflecting left 78 degrees 28 minutes measure Westerly a distance of548.38 feet; thence
deflecting right measure Northerly 38.64 feet to the beginning.
Instrument #8746031
Part of the Southeast Quarter of the Northwest Quarter of Section 7, Township 17 North, Range 3 East,
Hamilton County, Indiana, more particularly described as follows, to-wit:
Beginning at the Southwest corner of said Quarter-Quarter Section running thence North upon and along
the West line of said Quarter Quarter Section 567.5 feet to a point; thence North 81 degrees 36 minutes
East 368.55 feet to the place of beginning of this description, thence continuing North 81 degrees 36
minutes East 313.75 feet to a point in the centerline of State Road 421 (Michigan Road); thence in a
Southeasterly direction upon and along the centerline of said road 170 feet to a point; thence South 81
degrees 36 minutes West 347.68 feet to a point; thence'in a northerly direction 158.66 feet to the place
of beginning.
EXCEPT - Instrument #200400069566
A part of the Southeast Quarter of the Northwest Quarter of Section 7, Township 17 North, Range 3 East
of the Second Principal Meridian, Hamilton County, Indiana, and being all that part of the owners' land
lying within the right of way lines of Parcel III as depicted on the attached Right of Way Parcel Plat,
also described as follows: Commencing at the southwest corner of the Southeast Quarter of the
Northwest Quarter of said Section 7; thence North 0 degrees 06 minutes 04 seconds West 83.149 meters
(272.80 feet) along the west line of said quarter qUal1er section to the extended southern line of the
owners' land; thence North 81 degrees 10 minutes 01 seconds East 6.828 meters (22.40 feet) to the
southwest corner of the owners' land; thence continuing North 81 degrees 10 minutes 0 I seconds East
916377JDOC
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216.201 meters (709.32 feet) along the southern line of the owners' land to the southwest comer of the
0.013 acre tract ofland conveyed to the State oflndiana by 1nstrument No. 200000006883 as recorded
in the Office of the Recorder of said County; and the POINT OF BEGINNING of this description, said
point of beginning also being the southeast comer of the owner's land: thence South 81 degrees 10
minutes 01 second West 28.614 meters (93.88 feet) along the southern line of the owners' land; thence
North 20 degrees 43 minutes 37 seconds West 7.736 meters (25.38 feet) to point "5004" designated on
said Right-of-Way Parcel Plat; thence North 83 degrees 54 minutes 19 seconds East 23.770 meters
(77.99 feet) to point "5005" designated on said Right-of-Way Parcel Plat; thence North 24 degrees 16
minutes 09 seconds East 7.072 meters (23.20 feet) to point "5006" designated on said Right-of-Way
Parcel Plat and the western line of said 0.013-acre tract; thence along said western line Southeasterly
12.630 meters (41.44 feet) along an arc to the left and having a radius of 69639.938 meters (228477.49
feet) and subtended by a long chord having a bearing of South 20 degrees 43 minutes 34 seconds East
and a length of 12.630 meters (41.44 feet) to the point of beginning and containing 0.0213 hectares
(0.053 acres), more or less.
916317_2,DOC
A-4
CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THOMAS ENGLISH RETAIL REAL EST ATE, LLC
TO REZONE PROPERTY LOCATED
AT 10212-10218 NORTH MICHIGAN ROAD
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-506-07
To: The Honorable Common Conncil
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket No. 07030001 Z)
of Thomas English Retai] Rea] Estate, LLC, petitioning the Commission for a favorable recommendation to
rezone 8.9] acres, located at 10212-]0218 North Michigan Road, from II within the US 421 Overlay to B2
within the US 421 Overlay, to provide for commercial retail development.
The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE"
At its regu]arly scheduled meeting on Apri] 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-506-07 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:
Ra ona Hancock, Secretary
Carmel Plan Commission
Dated: May 9, 2007
2007-0509; Z-506-07 NORTII MICHIGAN ROAD REZONE CERTIFICA TION "
Received
MAY 9 2007
Carmel
Clerk.l'reasurer.
Thomas English
Retail Real Estate, LLC
Carmel City Council
Proposed Ordinance Z-506-07
Information Booklet
July 16, 2007 Meeting
SUMMARY OF REZONING REQUEST
Thomas English Retail Real Estate, LLC is proposing a commercial/retail development
on a 8.9 acre tract of land located at 10212-10218 N. Michigan Road - U.S. Highway 421.
(Please see aerial photo under TAB 4.) Prior to proceeding with the proposed development of the
site and the required development plan and ADLS approvals from the Carmel Plan Commission,
Petitioner is seeking to rezone the land from the I-I to the B-2 zoning classification.
Current Zooin!! and Adiacent Properties
The site is comprised of five parcels located at 10212-10218 N. Michigan Road within
the U.S. Highway 421 - Michigan Road Corridor Overlay Zone. It is bounded to north, south and
west by various industrial, commercial and retail developments and to the cast by Michigan
Road and retail developments such as Target and Duke's West Carrnel Marketplace. It is
currently zoned I-I Industrial. (Please see the area zoning map under TAB 5 showing the site and
adjacent zoning classification districts.)
Comprehensive Plan
This site is identified on the comprehensive plan within a regional leommunity
employment area with a recommendation for medium intensity development. Medium intensity
development includes: (a) low to mid-rise office complexes up to five floors; (b) community
retail centers up to 200,000 square feet; and (c) retail developments greater than ten acres in size.
Rezooio!! Petition
Thomas English Retail Real Estate is petitioning to rezone the five parcels from the ]-1 to
the B-2 Business District zoning classification. The purpose of the B-2 District is to provide a
wide variety of commercial uses while regulating businesses locating in primarily newly
developing areas. With completion of the road improvements to U.S. Highway 421 - Michigan
Road, re-development of this area has already begun. Petitioner is currently considering the
BOSE McKINNEY & EVANS LLP
Thomas English
Retail Real Estate. LLe
Carmel City Council
Proposed Ordinance Z-506-07
Information Booklet
July 16, 2007 Meeting
Summary of Rezoning Request
Page 2
development of commercial rctail buildings and a possibly small hotel, subject to further markct
analysis and approval of a spccial usc petition, consistcnt with the B-2 District and the current
comprehensive plan. (Please see the conceptual illustration of a possible site plan under TAB 6.)
Existin!! and Approved Adiacent Property Uses
As statcd abovc, the sitc is surroundcd by a variety of uses ranging from industrial,
warehousing and commercial uses to ncw regional retail centers. Thc rczoning of the site to the
B-2 classification will provide flexible yet appropriate uscs that are compatiblc with and
supportive of all of thc adjaccnt uscs and zoning classifications. The rezoning will promote
responsible development and growth within the U.S. Highway 421 - Michigan Road Corridor by
eliminating the undesirable industrial uses and establishing the uses of the B-2 Business District
as supported by the Comprehensive Plan and the U.S. Highway 421 - Michigan Road Corridor
Overlay Zone Ordinance.
Respectfully submitted,
Joseph D. Calderon, Esq.
Paul G. Reis, Esq.
Bose McKinney & Evans LLP
Attorneys for Thomas English Retail Real Estate, LLC
945607_]
BOSE McKINNEY & EVANS LLP
10212-10218 N. Michigan Road Rezone
.
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BOSE McKINNEY & EVANS LLP