HomeMy WebLinkAboutZ-506-07
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SPONSOR: COUNCILOR SHARP
ORD1NANCE Z-506-07
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMELl L~DIANA,
CHANGE OF ZONING CLASSIFICATION, REZONING OF 9 ACRES OF REAL ESTATE AT
10212 ~ 10218 NORTH MICHIGAN ROAD FROM S-l/lNDUSTRIAL
'. TO B-2 -BUSINESS ZONING CLASSIFICATION
WHEREAS, pursuant to Indiana Code S36-7-4-600 et seq., the Common Council of the
City of Carmel, Indiana, has lawfully adopted a Zoning Ordinance, the_terms of which are applicable to
the geographic area consisting of the incorporated area of the City ofCarrnel, Indiana, and the
unincorporated area of Clay Township, Hamilton County, rndiana, which Zoning Ordinance has been
codified in Chapter lOaf the Carmel City Code; and
WHEREAS, pursuant to the Indiana Code S36-7-4-602, the Common Council is
authorized to amend the map that is part of the Zoning Ordinance; and
WHEREAS, the Cannel 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 foHows:
Section I: The official Zoning Map accompanying and made part of the Zoning Ordinance is
hereby amended to change the zoning classification oftbe 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Ordinance are hereby repealed.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 ""'Ai PASSED by Lhe ('.ommon Council ofthe City of Carmel, Indiana, Ihis Co
lJ)1~, 2007, by a vote of 'I ayes and ~nays.
day of
ATT~
II. . Presented by me .to the. Mayo of the City of Cannel, Indiana this 7 +L day of
LL:Ll~ ,2007,at q. '1d-. It .M.
~
Diana L. Cordray> lAMe, Clerk Tr Ufer
Ck Approved by me, Ma. yor of t~e City of Carmel, Indiana, this gtR.. day of
~). & 2007? at I {) . 0 L.. .M. __
Prepared by: Joseph D. Calderon, Esq., Paul G. Rds, Esq., Bose McKinney & Evans LLP, 301 Pennsylvania Parkway, Suite
300, Indianapolis. IN 46280.
2
EXIH81T A
LEGAL DESCRIPTION
FOR
Ordinance Z-506-'07
10212-10218 N, Michi gal) Avenue, Carmel, Indiana
Instrument #8820718
Part of the Southeast Quarter of the Northwest Quarter of Section Seven (7), Township Seventeen (17)
North, Range Three (3) East, more particularly described as follows:
From the Southwest corner 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 extendt:d South line of the
tract ofland currently owned by Fred Evans, et a1; 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 SOl.ltheasterly 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 ofthe 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 in the West line of said qUaJter quarter section, ata point 304.3 feet
North of the Southwest corner of said quarter quarter section; running thQnce N 01111 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 36minutes.East 150 feet to a point "A"; thence South 8 degrees.24 minutes East 38.64 feet to a
point; thence North 8] degrees 36 minutes East 347.58 feet to a point in the center line of Michigan
Road (U.S. Road #42]) as now located and established; thence Southeasterly upon and along the
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centerline of said road 30.62 feet to a point; thence South 81 degrees 36 minutt:s 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 Nortlnyesterly direction 36 feet 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 HA"; runningthence 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 Northwestem", 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:
BegiIUling at the Southeast comer of said Lot 1 L; thence along the South Hne 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 I iue 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 11, said poin~ bears
North 00 degrees 26 minutes 20 seconds West 474.00 feet from the Point of BegiIUling.; thence along the
East line of said Lot 11 South 00 degrees 26 minutes 20 seconds East 474.00 feet to the Point of
Bcgitu1ing.
PARCEL Ill: Part of the Soutbeast Quarter ofthe North,vest Quarter of Section 7, Township 17 North,
Range 3 East, more particularly described as tollows:
From the SouthwestcoT11er 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 cun-ently 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 corner ofthe said Evans tract; thence continuing North 81 degrees 36 minutes
East along tbe 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 begitu1ing, said point of beginning being
916377 _"DOC
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125.0 feet South on the nonnal from the North line of the 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 he ginning, containing 0.43 acre, more or less;
ALSO, a pemlanent easement for roadway purposes described as follows:
BegilUling at the Southeast comer of the 0.43 acre tract; thence Westerly along the South line thereof
50.00 feet; thence deflecting lell 90 degrees measure Southerly 68.64 feet to a point 98.00 feet distance
from the South line of said Fred Evans tract; them;e deflecting left 90 degrees measure Easterly parallel
to said South line a distance of 4045.0 feet to the centerline of the Michigan Road (State Road U.S.
421) ; thence deflecting left 101 degrees 52 minutes measure Northwesterly with said centerlint: 30.62
feet; thence deflecting left 78 degrees 2R minutes measure Westerly a distance of 548.38 feet; thence
deflecting right measure Northerly 38.64 feet to the beginning.
Instrument #8746031
Part of the Southeast Quarter of the N0I1hwcst Quarter of Section 7, Township 17 North, Range 3 East,
Hamilton County, Indiana, more particularly described as fol1o",/s, to-wit:
Beginning at the Southwest corner of said Quarter-Quarter Section running thence North upon and along
the West line of said Quarter Quatier 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, 1ndiana, and being all that part of the owners' land
lying within the right of way lines of Parcel 111 as depicted on the attached Right of Way Parcel Plat,
also described as follows: Commencing at the southwest comer of the Southeast Quarter of the
Northwest Quarter of said Section 7; thence North 0 degrees 06 minutes 04 seconds West 83.149 meters
(272.89 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 comer of the owners' land; thence continuing North 81 degrees] 0 minutes 01 seconds East
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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 of land conveyed to the State ofIndiana 'by Instrument 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 S4 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
rnlliutes 09 seconds East 7.072 meters (23.20 feet) to point "5006" designated on said Righi-of-Way
Parcel Plat and the western line of said Q.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), morc or less.
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v'
CERTIFICATION OF THE CARMEl,
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THOMAS ENGLISH RETAIL REAL EST ATE, l,LC
TO REZONE PROPERTY LOCATED
AT 10212-.10218 NORTH l\nCHIGAN ROAD
PURSUANT TO INDIANA CODE 36-7.4.605
ORDINANCE No.Z-506-07
To; The Honorable Common Councl1
of the City of Carmel
Hamilton O~unty. Indiana
Dear Members:
The Cam1el Plan Commission offers you the following report on the application (Docket No. 07030001 Z)
of Thomas 'English Retail Real Estate, LLC, petitioning the Commission for a favora.ble recommendation to
rezone 8.91 acres, located at 10212-10218 North Michigan Road, from n within the US 421 Overlay to B2
\vithin the US 421 Overlay, to provide for commercial retail development.
The Carmel Plan Commission's recommendation on the petition of tile applicant is "FAVORABLE"
At its regularly scheduled meeting on April 17,2007, the Cannel Plan Commission voted nine (9). In Favor,
zero (0) Opposed, to fonvard to the Common Council the proposed Ordinance No. Z.506-{17 with a
FA VOlUBLE recommendation.
Please be advised that by virtue ofthe Plan Commission's Favorable Recommendation, pursuant to Ie 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 (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 NORTH MICHIGAN ROAD REZONE CERTIfiCATION I'
Received
MAY 9 2007
Carmel
Clerk- Treasurer,
Thomas English
Retail Real Estate, LLC
Carmel City Council
Proposed Ordinance Z-,S06...07
Information Booklet
July 16,2007 Meeting
SUMMARY OF REZONING R.€QUEST
Thomas English Retail Real Estate, LLC is proposing a commerciallrctail 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 1-] to the B-2 zoning classification.
Current Zonirit! and AdiacentProperties
The site is comprised of five parcelslocated at 10212-10218 N. Michig<u1 Rqud 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 Canncl Marketplace. It is
currently zoned I-I Industrial. (Please see the area zoning map under TAB 5 showing.the ~iteand
adjacent zoning classification districts,)
ComprehehsivePIan
This site is identified on the comprehensive plan within a regional Icommunity
employment area with a recommendation formediOm intensity development. Medium intensity
development includes: (a) low to mid-rise office complexes up to fiye tloors; (b)eommuniry
retail centers up to 200,000 sql!arc feet; and (c) retail developments greater than ten acres in size.
Rezonin!!Petition
Thomas English Retail Real Estate is petitioning to rezone the five parcels from *e ]-.1 to
the B-2 ,Business District zoning elassificatlQn. 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 Toad lmprovements to US Highway 421 - Michigan
Road, re-development of this area has already begun. Petitioner is currently considering the
BQSEMcKINNEY & EVANS LLP
Thomas English .
Retail Rea! Estate, LLC
Carmel City Council
Proposed Ordinance Z-S06-07
- 1 nformation Booklet
July 16, 2007 Meeting
Summary of Rezoning Request
Page 2
development of commercial retail buildings and a possibly small hotel, subject to further market
analysis and approval of a special use petition, consistent with the B-2 District and the current
comprehensive plan. (Please see the conceptual illustration of a possible'site plan under TAB 6.)
Extstine. and Appmved Adiacent PropertV Uses
As slated above, the site is surrounded by a: variety of uses ranging from industrial,
warehousing and commercial uses to new regional retail centers. The rczon.ing of the site to the
B-2 classification will proviop flexible yet appropriate uses that are compatible with and
supportive of all of the adjacent uses and zoning c1assificati'ons. 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.
Respectf\J lIysu bmitted,
Joseph D. Calderon, Esq.
Paul G. Reis, Esq.
Bose McKinney & Evans LLP
Attorneys for Thomas English Retail Real Estate, LLC
945607 _I
BOSE McKINNEY & EVANS LLP
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10212-10218 N. Michigan Road Rezone
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BOSE McKINNEY & EVANS LLP