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HomeMy WebLinkAboutPetition for Creation of Old Meridian-Mixed Medical Zoning District 07-02-02 J HALL, RENDER, KILLIAN, HEATH LYMAN Attomeys at Law Professional Service Corporation Suite 2000, Box 82064 One American Square, Indianapolis, IN 46282 (317) 633-4884 Fax: (317) 633.4878 Donald R. Russell drussell@hallrender.com July 2, 2002 r.--;- . '- '- VIA HAND DELIVERY and VIA E-MAIL -jdobosiewicz@ci.carmeLin.us .'-. --,", b.71 \., f(l',..,~ ' !_. JIlL '. Ll/!<c-O '\ 1- l:!J'.J Ic;;.\ I'1n~ ,.(,J; I -J \~~\ uuvs jt:'1 \,.-;' ~ /</ '~~.;-. /. '. / '- ;..........;---/... \ -~;/ "'-'&:i [T;;l>~ John Dobosiewicz, Planning Administrator City of CarnIe I Department of Community Services One Civic Square Carmel, Indiana 46032 RE: Petition for Creation of Old Meridian-Mixed Medical Zoning District Dear John: Enclosed herewith are three (3) copies of the documents filed with the City of Carmel Clerk-Treasurer for delivery to the Common Council in connection with the above-referenced petition. Those documents include the following: 1. Ordinance No. Z-389-02. 2. Ordinance No. Z-390-02. 3. Resolution No. CC 07-15-02-01. I will also send you an electronic copy of the above-referenced documents for forwardi ng on to the Clerk-Treasurer, \vhich will include electronic versions ofthe legal descriptions and Exhibit "C," which was prepared by BSA Design. As I recall, you stated that the Clerk- Treasurer already has an electronic version of Exhibit B (\ve do not). Finally, I will forward to you electronically the legal dcscliptions for the two (2) areas of light-of-wayto be given by 81. Vincent to the City. INDIANAPOUS, INDIANA . LOUISVILLE, KENTUCKY . TROY, MICHIGAN ~ ;. John Dobosiewicz July 2, 2002 Page 2 Please do not hesitate to contact me with any questions or comments that you might have, or if you have trouble opening any of the documents. Thanks again for all of your assistance with this matter. Yours very tml y, HAALL, REtNI?PR, KILLIAN, HEATH & LYMAN, P.S.c. // .,/' ./ ~/ ,,/ /' /iht .. Donald R. Russell DRRlnjb Enclosures cc: Charles L. Jeffras, St. Vincent Hospital and Health Care Center, Inc. Rebecca Feigh, BSA Design Robert A. Hicks, Esq. 04576drr RIGHT -OF -W A Y DESCRIPTION A portion of the property of St. Vincent Hospital and Health Care Center, Inc. A portion of Instrument Numbers 9909911949 and 9909911950 June 4, 2002 A part of the Southwest Quartcr of the NOlihwest Quarter of Section 25, Township 18 North, Range 3 East of the Second principal Meridian, Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Southwest Comer of the Northwest Quarter of said Section 25, Township 18 North, Range 3 East; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) 319.10 feet along the South Line of said Northwest Quarter; thence North 01 degrees 03 minutes 45 seconds East 458.95 feet (458.58 feet - Deed) parallel with the West Line of said Northwest Quarter to the centerline of Old Meridian Street (formerly U.S. Highway 31); thence North 36 degrees 38 minutes 59 seconds East 95.10 feet along said centerline to the point of beginning of a tract granted to St. Vincent Hospital and Health Care Center, Inc. ("Grantor") (recorded as instrument Numbers 9909911949 and 9909911950 in the Office of the Recorder of Hamilton County, Indiana) (the following three calls are along the boundary of the Grantor); (one) thencc South 53 degrees 21 minutes 37 seconds East 342.58 feet (337.78 feet - Deed); (two) thence North 01 degrees 06 minutes 40 seconds East 325.37 feet (322.84 feet - Deed); (three) thence North 89 degrees 57 minutes 26 seconds East 613.23 feet to the POINT OF BEGINNING of this description, said point lying South 89 degrees 57 minutes 26 seconds West 40.01 feet from the southeastern comer of the Grantor; thence North 01 degrees 09 minutes 35 seconds East 133.02 feet parallel with the eastern line of the Grantor to a northern line of the Grantor; thence South 89 degrees 58 minutes 16 seconds East 40.01 feet along said northern line to the northeastern comer of said Grantor, being on the East Line of the Southwest Quarter of the Northwest Quarter of said Section 25 and the centerline of Guilford Road; thence South 01 degrees 09 minutes 35 seconds West 132.97 feet along said East Line and the eastern line of the Grantor to the southeastern comer thereof; thence South 89 degrees 57 minutes 26 seconds West 40.01 feet along the southern line of the Grantor to the POINT OF BEGINNING, containing 0.122 acres, more or less. 04535DRRdoc RIGHT -OF - WAY DESCRIPTION A portion of the property of St. Vincent Hospital and Health Care Center, Inc. A portion of Instrument Numbers 9909911949, 9909911950, 9015748 and 9015747 June 4, 2002 A part of the West Half of the Northwest Quarter of Section 25, Township 18 North, Range 3 East of the Second principal Meridian, Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Southwest Comer of the Northwest Quarter of said Section 25, Township 18 North, Range 3 East; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) 319.10 feet along the South Line of said Northwest Quarter; thence North 01 degrees 03 minutes 45 seconds East 458.95 feet (458.58 feet - Deed) parallel with the West Line of said NOlthwest Quarter to the centerline of Old Meridian Street (formerly U.S. Highway 31); thence North 36 degrees 38 minutes 59 seconds East 95.10 feet along said centerline to the point of beginning of a tract granted to St. Vincent Hospital and Health Care Center, Inc. ("Hospital tract") (recorded as Instrument Numbers 9909911949 and 9909911950 in the Office of the Recorder of Hamilton County, Indiana); thence South 53 degrees 21 minutes 37 seconds East 50.00 feet perpendicular to said centerline to the southeastem right-of-way line of said Old Meridian Street and the POINT OF BEGINNING ofthis description; thence North 36 degrees 38 minutes 59 seconds East 409.64 feet along said southeastern right-of-way line to the West Line of the East Half of the Southwest Quarter of said Northwest Quarter and the western line of a tract granted to St. Vincent Hospital and Health Care Center, Inc. ("Vincent tract") (recorded as instrument Number 9015748 in said Recorder's Office); thence continue North 36 degrees 38 minutes 59 seconds East 596.23 feet along the northwestern line of said Vincent tract and along said right-of-way line to the southern line of a tract granted to S1. Vincent Hospital and Health Care Center, Inc. ("Health tract") (recorded as Instrument Number 9015747 in said Recorder's Office); thence continue North 36 degrees 38 minutes 59 seconds East 279.73 feet along the northwestern line of said Health tract and along said right-of-way line to the southwestern right-of-way line of Guilford Road (recorded as Instrument Number 9120587 in said Recorder's Office), said point being on a non-tangent curve concave southwesterly and lying North 38 degrees 34 minutes 55 seconds East 261.56 feet from the radius point thereof; thence So utheasterly 10.01 feet along said curve and said southwestern right-or-way line to a point lying North 40 degrees 46 minutes 32 seconds East 261.56 feet from said radius point and 10.00 feet (measured Southeasterly in a perpendicular direction) from the southeastern right-of-way line of said Old Meridian Street; thence South 36 degrees 38 minutes 59 seconds West 271.74 feet parallel with said southeastern right-of-way line to a northern line of said Vincent tract; thence continue South 36 degrees 38 minutes 59 seconds West 617.69 feet parallel with said southeastern right-of-way line to an eastern line of said Hospital tract; thence continue South 36 degrees 38 minutes 59 seconds West 395.64 feet parallel with said southeastern right-of-way line to the southwestern line of said Hospital tract; thence North 53 degrees 21 minutes 37 seconds West 10.00 feet along said southwestern line to the POINT OF BEGINNING, containing 0.295 acres, more or less. 04536DRR.doc HALL. RENDER, KILLIAN, HEATH LYMAN Attorneys at Law Professional Service Corporation Suite 2000, Box 82064 One American Square, Indianapolis, IN 46282 (317) 633-4884 Fax: (317) 633-4878 Robert A. Hicks rhicks@hallrender.com i\ m:cr/l/FO Jill 2' 2002 DOCS July 2,2002 .' \ ! .1 .i Common Council of the City ofCamle1 One Civic Square Carmel, Indiana 46032 RE: Petition for Creation of Old Meridian-Mixed Medical Zoning District Members of the Council: We represent S1. Vincent Cannel Hospital (the "Petitioner") in connection with the enclosed proposed ordinances and resolution for your consideration on July 15,2002. Ifpassed, the ordinances will result in the rezoning of approximately 45 acres (the "Property") within the Old Meridian District to a new classification called the "Mixed Medical" zone. Ifpassed, the resolution will adopt comprehensive plan policies, which supplement existing policies applicable to the Old Meridian District. The area in question lies south of and adjacent to the 81. Vincent Cannel Hospital campus. The Property is part of the Old Meridian District (created in November 2000) and the existing zoning classifications applicable to the Property are "Mixed Use," "Office," and "Single Family Attached." The uses that are being proposed by the Petitioner for the Property are essentially the same uses that are presently permitted upon the Property with the general exception that Petitioner proposes to expand upon the types of medical uses applicable to the Property and has added defmitions for the following uses not heretofore defined in Chapter 3.0 of the zoning ordinance: hospice, health and fitness facility, surgery center, urgent care center, occupational therapy facility, physical therapy facility, rehabilitation facility and assisted living facility. It should be noted that the requested rezoning is the result of a cooperative effort by and between the Petitioner and the Department of Community Services. Michael Hollibaugh and Kelli Lawrence were principally involved in assisting Petitioner with the drafting and refining of the text of the enclosed ordinances and resolutioll. There are two (2) reasons for the requested rezoning. First, given the growth of St. Vincent Cannel Hospital, it is probable that the Propeliy will be used and developed in a manner that is supportive of and related to hospital and medical uses. Second, the current zoning of the Property contains development standards that fail to take INDIANAPOLIS. INDIANA . LOUISVILLE, KENTIJCKY .. TROY, MICHlGAN Common Council of the City of Cam1el July 2, 2002 Page 2 into account current and future medical developments and the realities of a major hospital campus. These existing development standards will necessitate an inordinate number of petitions for variances. For example, the following existing development standards are deemed inconsistent with current and proposed developments on the Propeliy: a. All streets are required to accommodate on street parking. The proposed rezoning eliminates this requirement in recognition of the need to have interior streets open for the use of emergency vehicles. b. Private streets are not allowed. The proposed rezoning recognizes the need for private streets, which ordinarily accompany integrated hospital campus buildings. c. No parking is allowed in the front yard of developments. The proposal would allow for up to 15% of parking in the front yard. d. The maximum building set back is presently 20-25 feet. The proposal would increase this amount to 35 feet. e. The maximum building footprint is 15,000 square feet. The proposal would allow the Director to increase this maximum on a case by case basis. Other changes in development standards generally acknowledge that future buildings on the Property will serve to transition between the buildings on the St. Vincent Carmel Hospital and buildings within the balance of the Old Meridian District. As part of the rezoning, the Petitioner will commit to (a) dedicate right of way consistent with the Thoroughfare Plan (includes Main Street, Old Meridian and Guilford), (b) dedicate an easement to allow for the constmction of a multi-use path connecting Main Street and Old Meridian Street, and (c) dedicate land to accommodate the construction of a roundabout at the intersection of Old Meridian and Guilford. Approximately 50% ofthe Property is owned by Petitioner with the balance owned by the Knapp family and the American Legion. Petitioner has cooperated with both owners. Neither owner objects to the proposed rezoning. Further, there are no remonstrators to the proposed rezoning. The Plan Commission and the Special Studies Committee unanimously recommended approval of the proposed rezoning at their respective meetings. Common Council of the City of Cannel July 2,2002 Page 3 Petitioner respectfully requests that the Common Council adopt the enclosed ordinances and resolution. Sincerely, HALL, RENDER, KILLIAN, HEATH & LYMAN, P.S.c. I~~ Robert A. Hicks RAH/njb 04374rah.doc " Sponsor: Councilor Wilson ORDINANCE NO. Z-390-02 AN ORDINANCE TO' AMEND THE OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TO\VNSHIP BY REZONING AN AREA FROM OLD MERIDIAN DISTRICT (aM)-MIXED USE (MU), OFFICE (a), AND SINGLE FAMILY (SF) TO' aLD MERIDIAN DISTRICT (OM) - MIXED MEDICAL (MM). WI-:IEREAS, pursuant to Ordinance No. Z-352 the OM (Old Meridian) zoning district was established to increase property values, protect real estate investment, encourage neighborhood diversity, spur commercial activity and attract new businesses to the area of the City of Cannel bordering on or contiguous to the public highway referred to as Old Meridian Street; and WHEREAS, the Cannel Clay Plan Commission on June 18, 2002, after conducting a public hearing pursuant to IC 36-7-4-507 duly approved certain amendments to the Comprehensive Plan, in particular the establishment of a specific Comprehensive Plan Policies for a certain area to be known as the "Old Meridian District - Mixed Medical Zone"; and WHEREAS, pursuant to that certain Petition filed on March 28, 2002, by St. Vincent Hospital and Health Care Center, Inc. ("Petitioner") under Docket No. 32-02-Z (the "Petition"), Petitioner has proposed the creation of a new zoning district (aM-MM, Old Meridian-Mixed Medical) within the aM District to permit and facilitate the development, expansion and modernization of a major hospital complex or campus in which a diversity of hospital and healthcare uses would be pelmitted; and WHEREAS, such rezoning would change the zoning classification of that certain Old Meridian Mixed Use, aId Meridian Office and Old Meridian Single Family Attached District property more particularly described on Exhibit A attached hereto and incorporated herein, and shown graphically on Exhibits Band C attached hereto and incorporated herein, to Old Meridian- Mixed Medical (collectively, the "Property"); and \VHEREAS, the Common Council of the City ofCanne] tlnds that it is reasonable and necessary to protect and promote the public health, safety, comfort, morals, convenience <md general welfare of the citizens of the City of Cannel and Clay Township by creating such a new zoning district to facilitate development of the Old Meridian area. Naw, THEREFaRE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to LC. 36-7-4-600 et. seq. and I.C. 36-7-4-1400 et. seq. and after having received a favorable recommendation from the Cannel Clay Plan Commission, it hereby adopts this Ordinance to change the zoning classification for the Property, as legally described on Exhibit A and graphically shown on Exhibits Band C hereto, to Old Meridian-Mixed Medical (OM-MM), and the Official Zoning Map for thc City of Camlel and Clay Township is hereby amended to reflect this change. PASSED by the Common Council of the City of Carmel, Indiana this _ day of , 2002, by a vote of ayes and nays. Wayne \Vilson, President, Common Council J aIm Korcn Robert Battreall Kevin Kirby Luci Snyder Ronald E. Carter N.L. Rundle ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City 0 f Carmel, Indiana, this _ day of , 2002, at o'clock. Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Cannel, Indiana, this _ day of ,2002. J ames Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer 04528drT.doc 07/01102 2 Exhibit A (Page 1 of 12) Parcel 16-09-25-01-01-002.000 A part of the West Half of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, in Hamilton County, Indiana, described as follows: Begin at a point in the center of the County Highway which is 1315.7 feet North of the Southeast comer oftheWest Half of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, and run thence West 130.0 feet, thence North 335.07 feet to a point near the center of State Highway No. 31, thence East 130.0 feet to the intersection with the East line of the West Half of the Northwest Quarter, thence South 335.07 feet to the place of beginning. A part of the Northwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, described as follows: Begin at a point 335.07 feet North of the Southeast Corner of said Quarter Quarter Section, run thence West 127.9 feet to the center of State Highway 31, thence Northeasterly along the center of said Highway 222.7 feet to a point on the East line of said Quarter Section, thence South on said East line 176.3 feet to the place of beginning. 04537drr.doc Exhibit A (Page 2 of 12) Parcel 16-09-25-01-01-003.000 A part of the Northwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, described as follows: Begin at a point 130.0 feet West of the Southeast comer of said Quarter Quarter Section, run thence West on the South line of said Quarter Section 237.0 feet to the Center of State Highway No. 31, thence Northeasterly along the center of said Highway 408.62 feet to a point, thence South parallel with the East line of said Quarter Section 332.5 feet to the place of beginning. 04539drr.doc Exhibit A (Page 3 of 12) Parcel 16-09-25-01-01-004.000 Parcel 16-09-25-01-01-005.000 Parcel 16-09-25-01-01-005.001 Part ofthe Northeast Quarter ofthe Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, in Hamilton County, Indiana, described as follows; Beginning at the Northeast corner of said Northeast Quarter of the Southwest quarter of the Northwest Quarter of said section; thence South (South 01 degrees 09 minutes 17 seconds West (assumed bearing) along the East line thereof 340.00 feet; thence North 66 degrees 09 minutes West 451.51 feet (North 64 degrees 59 minutes 43 seconds West 452.87 feet measured) to the East right-of-way line of State Road U.S. 31; thence North 35 degrees 27 minutes 15 seconds East with same 185.00 feet (North 36 degrees 38 minutes 41 seconds East 184.76 feet measured); thence North 88 degrees 44 minutes 15 seconds East 305.72 feet (North 89 degrees 57 minutes 03 seconds East 307.00 feet measured) to the place of beginning, containing 2.13 acres (2.14 acres, more or less measured). Part of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, described as follows: Beginning on the East line of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East 448.00 feet South 01 degrees 09 minutes 17 seconds West (assumed bearing) from the Northeast comer thereof; thence South 01 degrees 09 minutes 17 seconds West on said East line 75.45 feet; thence North 89 degrees 58 minutes 34 seconds West 653.21 feet to the West line of the Northeast Quarter ofthe Southwest Quarter of said Northwest Quarter; thence North 01 degrees 06 minutes 38 seconds East on said West line 44.38 feet to the Easterly right-of-way line of Meridian Street (former U.S. Highway No. 31); thence North 36 degrees 38 minutes 41 seconds East on said right-of-way line 217.51 feet to a line which bears North 74 degrees 39 minutes 49 seconds West from the place of beginning; thence South 74 degrees 39 minutes 49 seconds East on said line 543.40 feet to the place of beginning, containing 2.162 acres, more or less. Part of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, described as follows: Beginning on the East line of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of the Section 25, Township 18 North, Range 3 East 340.00 feet South 01 degrees 09 minutes 17 seconds West (assumed bearing) fTom the Northeast corner thereof; thence South 01 degrees 09 minutes 17 seconds West on said East line 108.00 feet; thence North 74 degrees 39 minutes 49 seconds West 543.40 feet to the Easterly right-of-way line of Meridian Street (former U.S. Highway No. 31); thence North 36 degrees 38 minutes 41 seconds East on said right-of-way line 194.03 feet to a line which bears North 64 degrees 59 minutes 43 seconds West from the place of beginning; thence South 64 degrees 59 minutes 43 seconds East on said line 452.87 feet to the place of beginning, containing 1.641 acre, more or less. 04540drr.doc Exhibit A (Page 5 of 12) Parcel 16-09-25-01-01-006.000 The Southeast Quarter of the Southwest Quarter ofthe Northwest Quarter of Section 25, Township 18 North, Range 3 East, in Hamilton County, State of Indiana, containing 10 acres, more or less. EXCEPT: Part of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Beginning on the South line of the Northwest Quarter of Section 25, Township 18 North, Range 3 East 583.01 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) ofthe Southwest comer thereof; thence North 90 degrees 00 minutes 00 seconds East on and along said South line 660 feet to the East line of the Southwest Quarter of said Northwest Quarter; thence North 01 degrees 19 minutes 17 seconds East on and along said East line 250.00 feet; thence North 90 degrees 00 minutes 00 seconds West parallel with the South line of said Northwest Quarter 660 feet; thence South 01 degrees 19 minutes 17 seconds West parallel with the East line of the Southwest Quarter of said Northwest Quarter 250.00 feet to the beginning point. 04541drr.doc Exhibit A (Page 6 of 12) Parcel 16-09-25-01-01-008.002 Part ofthe Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Beginning at the Southwest comer of the Northwest Quarter of Section 25, Township 18 North, Range 3 East; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) on and along the South line thereof 319.1 0 feet; thence North 01 degrees 03 minutes 45 seconds East parallel with the West line of said Quarter 458,58 feet to the centerline of Meridian (former U.S. Highway 31) Street; thence North 36 degrees 38 minutes 23 seconds East on and along said centerline 95.10 feet to the True Beginning Point of this description; continuing thence North 36 degrees 38 minutes 23 seconds East on and along said centerline 472.61 feet to the East line of real estate conveyed to Rene G. DuBois by Warranty Deed recorded in Deed Record 143, page 269, in the Office ofthe Hamilton County Recorder; thence South 01 degrees 05 minutes 09 seconds West on and along said line 125.00 feet; thence North 89 degrees 55 minutes 36 seconds East 657.85 feet to a point on the East line of the Southwest Quarter of said Northwest Quarter that is 523.45 feet South 01 degrees 02 minutes 07 seconds West of the Northeast corner thereof; thence South 01 degrees 02 minutes 07 seconds West and along said East line 133.29 feet to the North line ofthe South Half of the Southwest Quarter of said Northwest Quarter; thence South 89 degrees 56 minutes 45 seconds West on and along said North line 657.97 feet to the East line of the aforesaid DuBois real estate; thence South 01 degrees 05 minutes 09 seconds West on and along said East line 322.84 feet to a point that is South 53 degrees 21 minutes 37 seconds East of the True Beginning Point; thence North 53 degrees 21 minutes 37 seconds West 337.78 feet to the True Beginning Point. 04542drr,doc .' Exhibit A (Page 7 of 12) Parcel 17 -09-25-00-00-021.000 A part ofthe Northeast Quarter of Section 26 and a part of the Northwest Quarter of Section 25, all in Township 18 North, Range 3 East, described as follows: Begin 213.8 feet West and 742.6 feet North of the Southeast comer of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, thence North 569.8 feet to the North line of the South Half of the said North East Quarter, thence East on said line 1165.7 feet to center of State Highway No. 31, thence Southwesterly along center of said Highway 726.4 feet to a point 742.6 feet North of the South line of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, thence West 736.8 feet to the place of beginning; EXCEPT: A part of the Southwest quarter of the Northwest Quarter of Section Twenty Five, Township Eighteen North, Range Three East, described as follows: Begin at a point in the center of State Road No. 3i, said point being 650.2 feet East and 917.7 feet North ofthe Southwest comer of the Northwest Quarter of said Section 25, run thence North 398. feet, thence East 287.3 feet to the intersection of the center line of said State Road No. 31, thence Southwesterly on the center line of said State Road No. 31, a distance of 491. feet to the place of beginning, being in Hamilton County, Indiana. 04543DRRdoc Parcel 17-09-25-00-00-021.001 Exhibit A (Page 8 of 12) Parcel 17-09-26-02-03-024.000 Part ofthe Northeast Quarter of Section 26 and the Northwest Quarter of Section 25, Township 18 North, Range 3 East, Hamilton County, Indiana, and being more particularly described as follows: Beginning at a point on the East line of said northeast quarter section being North 0 degrees 48 minutes 08 seconds East (assumed basis of bearings) 742.6 feet from the Southeast comer thereof; thence South 89 degrees 48 minutes 50 seconds West, parallel with the South line of said northeast quarter section, 213.8 feet; thence North 0 degrees 48 minutes 08 seconds East, parallel with said east line, 568.58 feet to the North line of the Southeast Quarter of said northeast quarter section; thence North 89 degrees 46 minutes 55 seconds East, along said north line, 213.8 feet to the Northeast corner of said quarter-quarter section, also being the Northwest comer of the Southwest Quarter of the Northwest Quarter of said Section 25; thence North 89 degrees 37 minutes 36 seconds East, along the North line of said quarter-quarter section, 180.43 feet; thence South 0 degrees 48 minutes 08 seconds West, parallel with the West line of said quarter-quarter section, 514.02 feet; thence North 89 degrees 43 minutes 51 seconds East, parallel with the South line of said quarter-quarter section, 354.20 feet to the centerline of Meridian Street (old U.S. 31) as it now exists; thence South 36 degrees 23 minutes 05 seconds West, along said centerline, 68.55 feet; thence South 89 degrees 43 minutes 51 seconds West, parallel with said south line, 524.72 feet to the point of beginning and containing 5.606 acres, more or less. Subject to right of way for Meridian Street off the entire Easterly side thereof and all other applicable easements and rights of way ofrecord. 04546DRR.doc Exhibit A (Page 9 of 12) Parcel 17-09-25-00-00-022.000 A part of the southwest quarter of the northwest quarter of Section Twenty Fi ve, Township Eighteen North, Range Three East, described as follows: Begin at a point in the center of State Road No. 31, said point being 650.2 feet east and 917.7 feet north ofthe southwest comer of the northwest quarter of said Section 25, run thence north 398. feet, thence east 287.3 feet to the intersection of the center line of said State Road No. 31, thence southwesterly on the center line of said State Road No. 31, a distance of 491. feet to the place of beginning. 04548DRR.doc Exhibit A (Page 10 of 12) Parcel ] 7-09-26-00-00-008.000 A part ofthe East half of the Northeast Quarter of Section 26, Township 18 North, Range 3 East of the Second Principal Meridian, Hamilton County, Indiana, being more particularly described as follows: Begituting on the South line of said East half South 89 degrees 48 minutes 50 seconds West 379.75 feet of the Southeast comer thereof; thence continuing South 89 degrees 48 minutes 50 seconds West 315.95 feet along said South line to a point which is 1968.68 feet measured (1967.29 feet deed) East of the Southwest comer of said East half; thence North 00 degrees 48 minutes 08 seconds East, parallel to the East line of said half section, 1585.91 feet; thence North 89 degrees 46 minutes 55 seconds East 315.95 feet; thence South 00 degrees 48 minutes 08 seconds West, parallel to the East line of said half section, 1586.09 feet to the point of beginning and containing 11.5 acres, more or less. 04547DRR " Exhibit A (Page 11 of 12) Parcel 17-09-26-00-00-011.000 A part of the Northeast Quarter of Section 26, Township 18 North, Range Three East, described as follows, to-wit: Begin at a point 213.8 feet West of the Southeast comer of the northeast quarter of Section 26, and lUll thence north parallel with the East line of said quarter section 1312.4 feet, thence West 165.95 feet, thence South 1312.4 feet, thence East 165.95 feet to the place of beginning in Hamilton County, Indiana. EXCEPT THEREFROM: Part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, and being more particularly described as follows: Commencing at the Southeast comer of said quarter-quarter section; thence South 89 degrees 48 minutes 50 seconds West, on and along the South line of said quarter-quarter section, 213.80 feet; thence North 0 degrees 48 minutes 08 seconds East, parallel with the East line of said quarter-quarter section, 341.73 feet to the point of beginning; thence continue North 0 degrees 48 minutes 08 seconds East, parallel with the said east line, 969.45 feet to the North line of said quarter-quarter section; thence South 89 degrees 46 minutes 55 seconds West, on and along said north line, 165.95 feet; thence South 0 degrees 48 minutes 08 seconds West, parallel with said east line, 969.36 feet; thence North 89 degrees 48 minutes 50 seconds East, parallel with said south line, 165.95 feet to the point ofbegilming. Containing 3.693 acres, more or less. Subject to all applicable easements of record. 04544DRR ~... .'.' ~. Exhibit A (Page 12 of 12) Parcel ] 7 -09- 26-00-00-011.001 Part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, and being more particularly described as follows: Commencing at the Southeast corner of said quarter-quarter section; thence South 89 degrees 48 minutes 50 seconds West, on and along the South line of said quarter-quarter section, 213 .80 feet; thence north 0 degrees 48 minutes 08 seconds East, parallel with the East line of said quarter-quarter section, 341.73 feet to the point of beginning; thence continue North 0 degrees 48 minutes 08 seconds East, parallel with said east line, 969.45 feet to the North line of said quarter-quarter section; thence South 89 degrees 46 minutes 55 seconds West, on and along said north line, 165.95 feet; thence South 0 degrees 48 minutes 08 seconds West, parallel with said east line, 969.36 feet; thence North 89 degrees 48 minutes 50 seconds East, parallel with said south line, 165.95 feet to the point of beginning. 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Z-389-02 AN ORDINANCE TO AMEND THE CARMEL CLAY ZONING ORDINANCE BY CREATING A NE\V ZONING DISTRICT TO BE KNO\VN AS THE OM-M1\1 (OLD MERIDIAN-MIXED MEDICAL) DISTRICT WHEREAS, pursuant to Ordinance No. Z~352 the OM (Old Meridian) zoning district was created to increase property values, protect real estate investment, encourage neighborhood diversity, spur commercial activity and attract new businesses to the area of the City of Cannel bordering on or contiguous to the public highway referred to as Old Meridian Street; and WHEREAS, the Carmel Clay Plan Commission on June 18,2002, after conducting a public hearing pursuant to IC 36-7-4-507, duly approved certain amendments to the Comprehensive Plan, in particular the establishment of specific Comprehensive Plan Policies for a certain area to be known as the "Old Meridian District ~ Mixed Medical Zone"; and WHEREAS, pursuant to that certain Petition filed on March 28,2002, by S1. Vincent Hospital and Health Care Center, Inc. ("Petitioner") lmder Docket No. 32-02-0A (the "Petition"), Petitioner has proposed the creation of a new zoning district (OM-MM, Old Meridian~Mixed Medical) within the OM District to permit and facilitate the development, expansion and modernization of a major hospital complex or campus in which a diversity of hospital and healthcare uses would be permitted; and WHEREAS, the uses contemplated by the OM-MM District include uses already permitted in the OM District, but with an emphasis on healthcare uses and other uses which are supportive of health care; and WHEREAS, the proposed development standards of the OM-MM District arc consistent with the development standards of the OM Dishiet, but with additional flexibility to recognize the realities of a major hospital complex; and WHEREAS, the COllli11on Council of the City ofCam1el finds that it is reasonable and necessaty to protect and promote the public health, safety, comfort, morals, convenience and general welfare of the citizens of the City of Cannel and Clay Township by creating such a new zoning district to facilitate development of the Old Meridian area. NOW, THEREFORE, BE IT ORDAINED by the Common Council ofthe City of Cannel, Indiana, that, pursuant to I.e. 36-7-4-600 e1. seq. and r.c. 36-7-4-1400 et. seq. and after having received a favorable recommendation from the Carmel Clay Plan Commission, it hereby " adopts this Ordinance to add Section 20G.5.8 OM-MM (Old Meridian-Mixed Medical District) and to add certain definitions to Chapter 3, Definitions, to the Cannel/Clay Zoning Ordinance Z- 289, as amended, to read as follows: OLD MERIDI~~N-MIXED MEDICAL DISTRICT (OM-MM) AMENDMENTS. The text of Ordinance No. Z-352 (Old Meridian District, Chapter 20G) is amended as follows: 4.1 (N) Notwithstanding the foregoing provisions oft11is Section 4.1: (a) buildings within the Mixed Medical Zone shall be sited in a manner consistent with the development standards set forth in Section 5.8; (b) building facades within the Mixed Medical Zone shall meet the development standards set forth in Section 5.8 and (c) 4. 1 (H) and 4.1(K) shall not apply to buildings in the Mixed Medical Zone. 4.2 (1) Section 4.2(A), Section 4.2(B) and Section 4.2(H) are inapplicable to the Mixed Medical Zone. 4.5 (H)In the Mixed Medical Zone up to 15% of parking may be located in flunt of the buildings; provided such'parking areas are partially screened fi'om the street right of way with a 10-12 foot wide planting strip using shrubbery, hedges or shade trees. Curb cuts in the Mixed Medical Zone shall be as set forth on Exhibit C. Bicycle parking in the Mixed Medical Zone shall be provided in the ratio of one space per 250 feet of building frontage. 5.8 MIXED MEDICAL ZONE A. Pennitted Uses (1) This district is designed to pennit and facilitate the development, expansion and modernization of a major hospital complex or campus in which a diversity of hospital, health care and supportive uses related thereto. is necessary to best perform the hospital's various services to the public and to permit appropriate land use modifications as necessary to facilitate the highest level of such servlce. (2) The following primary uses shall be permitted: (a) hospital (b) hospice (c) physician and medical office (d) research laboratory facility (e) medical l'aboratory (t) surgery center (g) urgent care (h) clinic or medical-health center 2 (i) nursing, retirement or convalescent facility U) assisted living facility (k) cafe (1) family or child advocacy center (m) religious/charitable institution (n) rehabilitation facility (0) physical/occupational therapy (p) health and fitness facility (q) day care (r) helicopter pad (s) any use pelmilted in Section 5.1 hereof (t) any use listed in Section 5.4, Mixed Use Zone. (3) The following uses shall also be pemlitted provided that they are supportive of the aforementioned primary uses and do not exceed fifteen (15) percent of the Gross Floor Area of any building: (a) coffee shop (b) de 1i catessen ( c) barberlbeauty shop ( d) bookstore (e) flower shop (f) gift shop (g) financial institution B. Building Height, Setback, and Construction Requirements. (1) Building Height (a) Maximum: fifty-five (55) feet, except hospital maximum shall be one hundred (100) feet. (b) Minimum: twenty-four (24) feet. All buildings must have a minimmll of two (2) occupiable floors. (2) Front Setback. (a) Minimum: twenty (20) feet from all public streets, measured from the right-of-way; (b) Maximum: thirty-five (35) feet except that new Buildings must follow the dominant or average Front Yard Setback dimension of existing Buildings on the same Block and on the same side ofthe street, with a variation of up to ten (10) feet allowed. (3) Building Footprints. (a) Minimum: 8,000 square feet. (b) Maximum: 20,000 square feet. However, it is recognized that, within the Mixed Medical Zone there are uses which, because of their unique characteristics, require flexibility and a case by case review of the maximum building footprint square footage requirement If a particular use indicates the 3 desirability for a larger than maximum footprint, the petitioner may submit a request to the Director together with a site plan showing the proposed use of the land, the arrangement of all buildings .md structures, the location of streets, driveways, parking and loading areas and such other information as the Director shall request. Following submission of such request, the Director shall respond to the petitioner within ten (10) business days, by either approving, rejecting or proposing alternatives to such request. (4) Sideyard Setback. Minimum: four (4) feet (5) Rearyard Setback. Minimum: five (5) feet C. Building Orientation. (1) Every site that has frontage on Old Meridian Street must have buildings that front on Old Meridian Street and such buildings must occupy a minimum of seventy percent (70%) of that frontage. (2) Additional buildings may be built in the rear of any such site fronting on Old Meridian. (3) Unless othelwise approved, seventy percent (70%) of all buildings must face a public street. D. Architectural Design. This district is to provide an orderly transition of architectural design elements that harmonize the existing architectural design of the main St. Vincent hospital facility (which is located outside the OM district) with the architectural design elements approved for use within the 0, SU and MU districts that lie south of .md adjacent to the St. Vincent district. (1) Materials. (a) Buildings must be faced in brick, stone or precast concrete and trimmed in metal, stone, brick, precast concrete, wood, or stucco. (b) Except for maintenance buildings, storage buildings and similar buildings supporti ve of a main hospital building, every face of a building must have openings for windows. (c) Large expanses of glass are allowed, but the building may not be constructed entirely 0 f a metal and glass curtain wall. (2) Facades. Continuous facades more than fifty (50) feet wide, shall be designed with vertical offsets at intervals which evenly divide the fayade into halves, thirds, or qumiers, etc., or shall be design.ed at intervals not less than fifty (50) feet, Whichever is less. These offsets may be proj ecting, recessed, or may be a simple change in bui Idi ng material or detailing. 4 E. Signage. (1) The provisions of the Cannel/Clay Sign Ordinance, 2-302 shall apply, except as noted below. (a) For a building with multiple tenants or occupants and which is in excess of 10,000 square feet of gross building area located on a site by itself, or for multiple buildings located on an integrated site with a shared entrance, a single freestanding monument sign located at the entrance of the site and within the front setback shall be pemlitted. Each sign face (maximum of two (2) faces per sign) shall not exceed sixty square feet in total area. It must be landscaped at the base of the sign, (b) A building not described in (a) above, shall be identified by the use of a ground sign which shall not be taller than four (4) feet, and have a sign face that does not exceed thirty-two (32) square feet. (c) Wall signs shall not exceed thirty-two (32) square feet. (d) Directory signs are permitted in accordance with the Sign Ordinance Z-302. (2) Wall signs must fit within the horizontal and vertical elements ofthe building and may not obscure details of the building. (Fig 23) (3) No sign may extend above the bottom of the roofline or, in the case of flat roofs, the cornice line of the building. F. Landscaping. (1) The front yard setback will be landscaped with shade trees, low shrubs, planting beds and grass or grOlmd cover. (2) Alternatively, up to 50% ofthe front yard setback may be paved with decorative pavers to allow seating areas or outdoor tables, which areas shall be sun'ounded by low shrubs or planting beds. (3) On-site parking lots or structured parking adjacent to a public street must be separated from the street right-of-way with a landscaped strip, as provided in Section 4.5 (H) with respect to front yards and in no event less than six (6) feet wide, containing shade trees, and shrubs or low fences/walls up to four (4) feet high. G. Parking Requirements. (1) Number of Parking Spaces. Within the Mixed Medical Zone there are uses which, because of their unique charactelistics, require flexibility and a case by case review of the parking requirements. Petitioner shall submit a request to the Director together with a site plan showing the proposed number and type of parking spaces, the arrangement of all buildings and structures, the location of streets, driveways, parking and loading areas and such other information as 5 the Director shall request. Following submission of such request, the Director shall respond to the petitioner within ten (10) business days, by either approving, rejecting or proposing alternatives to such request. (2) Parking spaces accessible to the disabled: Accessible parking spaces shall be provided according to Americans with Disabilities Act (ADA) of 1990. In addition, accessible patient parking at outpatient facilities must equal no less than JO percent (10%) of the total required parking spaces. (3) On-street parking may not be used to fulfill parking requirements. (4) Parking requirements may be reduced if medical facilities with substantially different peak hour requirements agree to share parking. The terms of a shared or reciprocal parking agreement must accompany the application. (5) Screened loading areas shall be provided at the rear of the building. (6) Parking must generally be located in the rear or side of buildings. Except as provided in Section 4.5 (H), no parking is allowed in the front yard setback. H. Development Standards for Uses Per1nitted in the SF A Zone. The development standards set forth in Section 5.1(B) tlrrough 5.1(K) inclusive shall apply to any use permitted by the Single Family Attached Zone. The following definitions shall be applicable herein, and shall hereby be included into Chapter 3.0 of Zoning Ordinance Z-289. ASSISTED LIVING FACILITY. Housing wherein limited health care is provided for the aged, F AMIL Y OR CHILD ADVOCACY CENTER. An establishment serving the physical, emotional, spiritual and legal needs of victims or at-risk individuals. FRONTAGE. Generally, the distance of the Front Lot Line of a Lot abutting a Street. When a particular development standard requires that Buildings occupy a certain minimum percentage of the Frontage, the Frontage shall be the distance of the Front Lot Line reduced by physical, legal and other characteristics of the Lot located in or impacting the Front Yard in a matmer that limits or prevents the construction of Buildings on the Lot which Buildings could, except for such characteristics, be oriented to the Build-To Line. Examples include, without limitation, retention aild detention ponds, rights of way, permitted parking areas, and utility easements, HEALTH AND FITNESS F AClLlTY. A place to exercise although not necessarily under the supervision of a physical therapist, occupational therapist, exercise physiologist or other similar health care provider. 6 HELICOPTER PAD. A level surface designed to accommodate the landing and taking off of helicopters. HOSPICE. An establishmentthat providcs palliative care and attends to the emotional and spiritual needs of terminally ill paticnts. MEDICAL LABORATORY. A place for gathering, sampling, handling, processmg, observing, and testing human tissue, blood and other similar items. OCCUP A TIONi\~ THERAPY FACILITY. A place where therapy in which the principal element is some form of productive or creative activity is provided. OFFICE, MEDICAL. An office for health care providers including, without limitation, dentists, physicians and surgeons. PHYSICAL THERAPY FACILITY. A place where treatment of disease and injury by mechanical means such as exercise, heat, light, and massage is provided. REHABILITATION FACILITY. A place used to assi st humans to achieve or to restore good health or useful life through therapy, treatment and education. SURGERY CENTER. An establishment that delivers surgical procedures on an outpatient basis and requiling less than a 24 hour stay. URGENT CARE CENTER. An establishment that delivers generally non-surgical physician services on ,ill emergency or immediate basis or without the requirement of an appointment for such services. 7 OLD MERIDIAN-MIXED MEDICAT__ DISTRICT PASSED by the Common Council of the City of Carmel, Indiana this _ day of , 2002, by a vote of ayes and nays. Wayne Wilson, President, Common Council John Koren Robert Battreall Kevin Kirby Luci Snyder Ronald E. Carter N.L. Rundle ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana, this _ day of , 2002, at o'clock. Diana L. Cordray, lAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this _ day of ,2002. J ames Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer 04523drr 07/01/02 8 ~ ''- Sponsor: Councilor Wilson RESOLUTION NO. CC 07-15-02-01 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA REGARDING REZONING PETITION DOCKET NO. 31-02-CPA WHEREAS, the 2020 Vision Comprehensive Plan was approved and recommended by the Cannel Clay Plan Commission on August 20, 1996, and duly approved by resolution of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Cannel and Clay Township; and WHEREAS, the Cam1el Clay Plan Commission on November 16, 1999, after conducting a public hearing pursuant to IC 36-7-4-507 duly approved certain changes to the Comprehensive Plan, in particular the establishment of a specific Master Plan for a celiain area to be known as the "Old Meridian District"; and WHEREAS, the Common Council on December 6, 1999 adopted Resolution Number CC-12-06-99-0 I to approve the establishment of a specific Master Plan for an area to be called the "Old Meridian District"; and WHEREAS, on March 28, 2002, St. Vincent Hospital and Health Care Center, Inc. ("Petitioner") filed its Petition under Docket No. 31-02 CPA (the "Petition") seeking an amendment to the Comprehensive Plan Policies of the City of Cannel and Clay Township, in cOlmection with the establishment of the Old Meridian - Mixed Medical (OM-MM) Zoning District; and WHEREAS, the Petition was filed as a companion to the petition filed on March 28, 2002, by Petitioner under Docket No. 32-02-Z in which Petitioner sought to rezone a portion of the Old Meridian Zoning District to the new Old Meridian - Mixed Medical (OM-MM) Zoning District; and WHEREAS, the creation of the Old Meridian - Mixed Medical (OM-MM) Zoning District is being sought to permit and facilitate the development, expansion and modernization of a major hospital complex or campus in which a diversity of hospital and health care related uses would be pemlitted; and \VHEREAS, the Common Council of the City ofearmel finds it is reasonable and necessary to protect the public health, safety, comfort, morals, convenience and general welfare of the citizens of the City of Carmel and Clay Township by creating such a new zoning district to J ,< facilitate development of the Old Meridian Area, and by amending the Comprehensive Plan Policies to include the new Old Meridian-Mixed Medical (OM-MM) District. NOW, THEREFORE, BE IT RESOLVED THAT the Old Meridian Task Force Report (Comprehensive Plan Policies) be amended to include the following: MrXED MEDICAL ZONE This district is designed to permit and facilitate the development, expansion and modernization of a major hospital complex or campus in which a diversity of hospital, health care and supportive uses related thereto is necessary to best perform the hospital's various services to the public and to permit appropriate land use modifications as necessary to facilitate the highest level of such service. The prim31Y and predominant uses in this district will be inpatient and outpatient care facilities, medical offices, rehabilitation and physical fitness facilities, 10ng-tem1. care facilities and other uses that focus on caring for the health needs of the commurrity. In addition, this district will include retail uses and uses that are supportive of the aforementioned primary uses such as uses that cater to the needs of those members of the public and their families and friends who seek out the health care services offered in this district. Examples of such uses include coffee shops, cafes, delicatessens, barber shops, beauty shops, bookstores, flower shops, gift shops and financial institutions. This district also includes uses pennitted in the Single Family Attached classification of the OM district. As is true with all other OM distticts, the Mixed Medical Zone will retain a pedestlian environment although it is recognized that such environment may be minimized relative to other OM districts in acknowledgment of the needs of the community for the safe and efficient flow of emergency vehicles as well as the need for generally good vehicular access for patients, visitors and other users in this distlict traveling to and from the hospital and other buildings in this district. In order to harmonize with all other OM districts, parking will be located primarily in the rear and side yards of building sites; however, some parking will be permitted in front yards as long as the same are appropriately screened through use of landscaped buffer strips and areas. Curb cuts should be located primarily with the goal of satisfying the needs of emergency vehicles and for ease of vehicular access to buildings used by people in need of health care services. The size and architectural design of buildings in this district will be flexible to accommodate the varied sizes of buildings typically located in and about a large hospital campus. Tn general, the designs shall be harmonious with the other design standards located in other OM districts, but will also be transitional in nature between the hospital located nOlih of the OM district and the office, mixed use and special use districts that border the Mixed Medical Zone to the south. 2 .. ; Adopted by the Common Council of the City of Carnlel, Indiana this _ day of , 2002, by a vote of _ ayes and _ nays. Wayne Vv:ilson, President, Common Council John Koren Robert Battreall Kevin Kirby Luci Snyder Ronald E. Carter N.L. Rundle ATTEST: Diana 1. Cordray, lAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carnlel, Indiana th is ~. day of ,2002. Diana 1. Cordray, IAt\1C, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this ~ day of 2002. ATTEST: James Brainard, Mayor Diana 1. Cordray, lAMe, Clerk-Treasurer This instrument was prepared by Robert A. Hicks, Esq. HALL, RENDER, KILLIAN, HEATH & LYMAN, P.C. Suite 2000, One Amel1can Square, Indianapolis, Indiana 46282. Telephone: (317) 633-4884 and approved by Douglas C. Haney, Cannel City Attorney. 04531dn 07/01102 3