HomeMy WebLinkAboutPetition for Creation of Old Meridian-Mixed Medical Zoning District 06-14-02
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HALL,
RENDER, KILLIAN,
HEATH LYMAN
Attorneys at Law
Professional Service Corpora[ion
Suite 2000, Box 82064
One American Square, Indianapolis, IN 46282
(317) 633.4884 Fax: (317) 633-4878
Donald R. Russell
drussell@hallrender.com
June 14, 2002
Carmel Clay Plan Commission
One Civic Square
Cannel, Indiana 46032
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RE: Petition for Creation of Old Meridian-Mixed Medical Zoning District
Gentlepersons:
Delivered herewith are copies of the following documents pertaining to the creation of the
Old Meridian-Mixed Medical Zoning District pursuant to the companion petitions filed by our
client, St. Vincent Hospital and Health Care Center, Inc.
1. Ordinance to Amend the Official Zoning Map for the City of Camlel and Clay
Township (relates to Petition 32-02-Z).
2. Ordinance to Amend the Carmel Clay Zoning Ordinance (relates to Petition No. 32-
02-0A).
3. Resolution of the Common Council of the City of Carmel to amend the
Comprehensive Plan Policies (relates to Petition No. 31-02-CP A).
Please note that there are several blanks in the ordinances and resolution that need to be
completed. Moreover, there may be some minor revisions to rectify incorrect references to past
ordinances and the like. However, from a substantive point of view, all of the provisions have
been reviewed and agreed to.
St Vincent has also agreed in principal to certain commitments in cOlmection with the
rezoning, including (i) the dedication of certain land to be used as right-of-way for Guilford
Avenue, Old Meridian Street, and the roundabout- intersection ofthose streets, (ii) the
construction of a pedestrian trail by the City of Carmel on the St. Vincent Carmel Hospital
campus. However, the terms of those commitments, including the relative right and obligations
of the Hospital and the City, are still being negotiated and are subject to review and approval by
INDIANAPOLlS, INDIANA . LOUISVILLE, KENTUCKY . TROY, MICHIGAN
Carmel Clay Plan Commission
June 14,2002
Page 2
the City Engineer and St. Vincent. The commitments will be available for review and approval
by the Common Council at the time the Ordinance and Resolutions are finally approved.
We respectfully ask that you review and approve the enclosed documents as to substance
and recommend the ordinance and resolutions for approval and adoption by the Common
CounciL
If you have any questions or comments, please feel free to contact me.
Yours very tmly,
HALL, RENDER, KILLIAN, HEATH & LYMAN, P.S.C.
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Donald R. Russell
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Enclosures
cc: John Dobosiewicz, Planning Administrator, City of Carmel - w/enc. - via hand delivery
Charles L. Jeffras, Chief Operating Officer, St. Vincent Carmel Hospital - w/enc. - via
facsimile
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
Donald R. Russell
drussell@hallrender.com
June 14,2002
VIA HAND DELIVERY
John Dobosiewicz, Planning Administrator
City of Cannel
Department of Community Services
One Civic Square
Carmel, Indiana 46032
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RE: Petition for Creation of Old Meridian-Mixed Medical Zoning District
Dear John:
Per your request, enclosed herewith please find twenty-two (22) copies of the following
documents relating to the companion petitions for the creation of the Old Meridian-Mixed
Medical Zoning District, Docket No.'s 32-02-Z, 32-02-0A and 31-02-CPA:
1. Ordinance to Amend the Zoning Map for the City of Carmel and Clay Township
(relates to Petition 32-02-Z).
2. Ordinance to Amend the Carmel Clay Zoning Ordinance (relates to Petition No. 32-
02-0A).
3. Resolution of the Common Council of the City of Carmel (relates to Petition No. 31-
02-CPA).
4. Trallsmittalletter to accompany such documents addressed to the Carmel Clay
Planning Commission.
It is my understanding that twenty (20) copies of Exhibit D to the Ordinance to Amend
the Official Zoning Map for the City of Carmel and Clay Township \vere delivered to you by
BSA Design yesterday, June 13,2002. As you agreed, please deliver those copies to our
representative who will attach them to the proper ordinance.
INDIANAPOLIS, [NOlANA .. LOUISVILLE, KENTUCKY . TROY, MICHIGAN
John Dobosiewicz
June 14,2002
Page 2
Do not hesitate to contact me concerning any questions or comments that you might have.
It is our understanding that you will distribute the copies ofthe Ordinances, Resolution and letter
to the members of the Common Council and other interested parties in connection with the
meeting to be held on Tuesday, June 18,2002.
I thank you in advance for your kind attention to this matter.
Yours very truly,
HAL~REN~~, '~L\N,:;;H & LYMAN, PSC
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Donald R. Russell
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Enclosures
cc: Charles Jeffras - w/enc.
Becky Feigh - w/enc.
Robert A. Hicks, Esq. - w/enc.
04534drr
Sponsor: Councilor
ORDINANCE NO. Z-
AN ORDINANCE TO AMEND THE CARMEL CLAY ZONING ORDINANCE BY
CREATING A NEW ZONING DISTRICT TO BE KNO\VN AS THE OM-MM (OLD
MERIDIAN-MIXED MEDICAL) DISTRICT
WHEREAS, pursuant to Ordinance No, Z-352 the OM (Old Melidian) 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 ofthe City of Carmel
bordering on or contiguous to the public highway referred to as Old Meridian Street; 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. 32-02-0A (the "Petition"),
Petitioner has proposed the creation of a new zoning district (OM-MM, Old Meridian-Mixed
Medical) within the OM District to pemlit 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, 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 are consistent
with the development standards of the OM District, but with additional flexibility to recognize
the realities of a major hospital complex; and
WHEREAS, the Common Council of the City of Carmel finds that it is reasonable and
necessary to protect and promote 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 facilitate development of the Old Meridian area.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Cannel, Indiana, that, pursuant to r.c. 36-7-4-600 et. 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 _ OM-MM (Old Meridian-Mixed Medical District) to
the Carmel/Clay Zoning Ordinance Z-289, as amended, to read as follows:
OLD MERIDIAN~MIXED MEDICAL DISTRICT (OM-MM)
1.0 PURPOSE~ INTENT AND AUTHORITY. It is the purpose of Old Meridian-Mixed
Medical District to promote and protect the public health, safety, comfort, convenience and
general welfare by providing for consistent and coordinated treatment of the properties
included in the District. The Commission and Council, in establishing this District, are
relying on 1.c. 36-7-4-600 et seq. and 1.c. 36-7-4-1400 et seg.
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.
fu 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 permitted in the Single Family Attached classification of the OM district.
2.0 APPLICABILITY. Development in the District will be governed entirely by the
provisions in this Ordinance, except that provisions of the Subdivision Control
Ordinance, the Zoning Ordinance and the Sign Ordinance shall apply if specifically
referenced, or if this ordinance is silent in specific areas.
3.0 DEFINITIONS.
The following definitions shall be applicable herein, and shall hereby be included by
amendment 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.
2
FRONTAGE. Generally, the distance of the Front Lot Line ofa 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 manner that limits or prevents the constmction of Buildings on the Lot which Buildings
could, except for such characteristics, be oriented to the Build-To Line. Examples include,
without limitation, retention and detention ponds, rights of way, pemlitted parking areas, and
utility easements.
HEALTH AND FITNESS F AClLITY. A place to exercise although not necessarily under
the supervision of a physical therapist, occupational therapist, exercise physiologist or other
similar health care provider.
HELICOPTER P AD. A level surface designed to accommodate the landing and taking off
of helicopters.
HOSPICE. An establishment that provides palliative care and attends to the emotional and
spiritual needs of terminally ill patients.
MEDICAL LABORATORY. A place for gathering, sampling, handling, processmg,
observing, and testing human tissue, blood and other similar items.
OCCUPATIONAL THERAPY FACILITY. A place where therapy in which the principal
element is some fornl 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 F ACILlTY. A place used to assist humans to achieve or to restore good
health or useful life through therapy, treatment and education.
SURGER Y CENTER. An establishment that delivers surgical procedures on an outpatient
basis and requiring less than a 24 hour stay.
URGENT CARE CENTER. An establishment that delivers generally non-surgical physician
services on an emergency or inunediate basis or without the requirement of an appointment
for such services.
3
4.0 AMENDMENTS. The text of Ordinance No. 2-352 (Old Meridian District) is amended
as follows:
4.1 (N) Notwithstanding the foregoing provi sions of this Section 4.1: (a) buildings withi n the
Mixed Medical Zone shall be sited in a m3.1mer 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 front of the
buildings; provided such parking areas are partially screened from 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 fm1h on Exhibit D. 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
Development and redevelopment in the Mixed Medical Zone will be governed by the
standards set forth in this Section 5.8 and elsewhere in this OM District Ordinance
wherein reference is made to the Mixed Medical Zone. Where this Section 5.8 and
the rest of the OM District Ordinance are silent, or where there is no standard or
provision to the contrary herein or elsewhere in this OM District Ordinance, the
general standards set forth in Section 4.0 shall apply.
A. Permitted Uses
(1) This district is designed to permit and facilitate the development,
exp3.11sion 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 pClmit appropriate land use
modifications as necessary to facilitate the highest level of such
service.
(2) The following primary uses shall be pern1itted:
(a) hospital
(b) hospice
(e) physician and medical office
(d) research laboratory facility
(e) medical laboratory
( f) surgery center
(g) urgent care
4
(h) clinic or medical-health center
(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 pennitted in Section 5.1 hereof
(t) any use listed in Section 5.4, Mixed Use Zone.
(3) The following uses shall also be permitted 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) delicatessen
(c) barber/beauty 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
minimum 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 of the 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
5
square footage requirement. If a particular use indicates the
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 and 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 otherwise 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 S1. Vincent hospital facil ity (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 and 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 supportive 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 of a metal and glass curtain wall.
(2) Facades. Continuous facades more than fifty (50) feet wide, shall be
designed with vertical offsets at intervals wmch evenly divide the
fayade into halves, thirds, or quarters, etc., or shall be designed at
intervals not less than fifty (50) feet, whichever is less. These offsets
may be projecting, recessed, or may be a simple change in building
material or detailing.
6
E. Signage.
(1) The provisions of the Carmel/Clay Sign Ordinance, Z-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 pennitted. 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 h0l1zontal and vertical elements of the
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.
(l) The front yard setback will be landscaped with shade trees, low
shrubs, planting beds and grass or ground 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 surrounded by low shrubs or planting beds.
(3) On-site parking lots or structured parking adj acent 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 characteristics, 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
7
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 10 percent (10%) ofthe
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 (I-I), no parking is allowed in the
fTont yard setback.
H. Development Standards for Uses Permitted in the SF A Zone. The
development standards set forth in Section 5.1(B) through 5.1 (K) inclusive
shall apply to any use pemlitted by the Single Family Attached Zone.
8
OLD MERIDIAN-MIXED MEDICAL DISTRICT
PASSED by the Common Council of the City of Carmel, Indiana this ~ day of
, 2002, by a vote of ayes and nays.
N. L. Rundle, President, Common Council
John Koren
Robert Battreall
Kevin Kirby
Luci Snyder
Ronald E. Carter
Wayne Wilson
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Presented by me to the Mayor of the City of Camlel, 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
06/13/02
9
Sponsor: Councilor
RESOLUTION NO. CC
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 Carmel 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 Carmel and Clay Township; and
WHEREAS, on March 28, 2002, 81. 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
connection 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 ofthe Old Meridian - Mixed Medical (OM-MM) Zoning
District is being sought to pennit 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 permitted; and
WHEREAS, the Common Council ofthe City of Carnlel finds it is reasonable and
necessalY to protect the public health, safety, comfort, morals, convenience and general welfare
of the citizens of the City of Carolel and Clay Township by creating such a new zoning district to
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:
MIXED 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 perfOlm the hospital's
various services to the publ ic and to permit appropriate land use modifications as
necessary to facilitate the highest level of such service. The primary and predominant
uses in this district will be inpatient and outpatient care facilities, medical offices,
rehabilitation and physical fitness facilities, long-term care facilities and other uses that
focus on caring for the health needs of the community. 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
permitted in the Single Family Attached classification of the OM district.
As is true with all other OM districts, the Mixed Medical Zone will retain a pedestrian
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 district traveling to and from the
hospital and other buildings in this district.
In order to hamlonize 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. In 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 north 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 Carmel, Indiana this _ day of
, 2002, by a vote of _ ayes and _ nays.
N. L. Rundle, President, Common Council
John Koren
Robert Battreall
Kevin Kirby
Luci Snyder
Ronald E. Carter
Wayne Wilson
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this _ day of
, 2002.
Diana L. Cordray, IAM.C, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _ day of
2002.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
This instrument was prepared by Robert A Hicks, Esq. HALL, RENDER, KILLIAN, HEATH &
LYMAN, P.e. Suite 2000, One American Square, Indianapolis, Indiana 46282. Telephone:
(317) 633-4884 and approved by Douglas C. Haney, Carmel City Attorney.
04531 drr
06/13/02
3
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Sponsor: Councilor
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ORDINANCE NO. Z-
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AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP FOR~:taE-ClT_y-.QF)/
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CARl\'IEL AND CLAY TOWNSHIP BY CREATING A NEW ZONING DISTRI:G-T'TO
BE KNOWN AS THE OM-MM (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 Carmel
bordering on or contiguous to the public highway referred to as Old Meridian Street; and
WHEREAS, pursuant to that certain Petition filed on March 28, 2002, by S1. 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 (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, such rezoning would change the zoning classification of that certain Old
Meridian Mixed Use, Old 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 B and D attached hereto and incorporated herein, to Old
Melidian-Mixed Medical (collectively, the "Property"); and
WHEREAS, the Common Council of the City of Carmel finds that it is reasonable and
necessary 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 of the City of
Carmel, Indiana, that, pursuant to I.C. 36~7-4-600 et. seq, and I.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 change the zoning classification for the Property, as legally described on
Exhibit A and graphically shown on Exhibits B and D hereto, to Old Meridian-Mixed Medical
(OM-.MM), and the Official Zoning Map for the City of Carmel and Clay TO'Wllship is hereby
amended to reflect this change.
,-
01.D MERIDIAN-MIXED MEDICAL DISTRICT
PASSED by the Common Council of the City of Cannel, Indiana this _ day of
, 2002, by a vote of ayes and nays.
N. 1. Rundle, President, Common COlU1Cil
John Koren
Robert Battreall
Kevin Kirby
Luci Snyder
Ronald E. Carter
Wayne Wilson
ATTEST:
Diana 1. Cordray, IAMC, Clerk-Treasurer
Presented by me to the Mayor of the City of Cannel, Indiana, this _ day of
, 2002, at o'clock.
Diana 1. Cordray, IAM:C, Clerk-Treasurer
Approved by me, Mayor of the City of Camlel, Indiana, this _ day of
,2002.
J ames Brainard, Mayor
ATTEST:
Diana 1. Cordray, IAMe, CLerk-Treasurer
04528drr
06/13/02
2
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"
Exhibit A
(Page 1 of 11)
Parcel
16-09-25-0 l-O l-002.000
A part of the West Half of the Northwest Quarter of Section
25, Township 18 North, Rang~ 3 E~st. in H~milton CQunty, Indiana,
described as follows: Begin at a point in the ceri~er ,of the
County Highway which is 1315'.7 feet North of the Southeast
corner of the West Half of the Northwest Quarter of Section
25, Township 18 North, Range 3 East, and rUn thence West 130.0
feet, thenc~ North 335..0) 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 fo110\\I's:
Begin at a point 335.07' feet North of the Southeast Corner
of said Quarter Quarter Secti.on, run thence West 127 _ 9 feet
to the ~enter of State Highway 31, thence Northeasterly along
the center of' said Highvlay 222.7 feet. to a point. on the East
line of said Quarter Sect~on.'thence South On s~id East line
17fi.3 feet to the place of beginning.
H
Exhibit A
(page 2 of 11)
Parcel
16-09-25-01-01-003.000
A part of -the" Northwest Quarter tif the
Northwest Quarter' of Sect~on 25, Township 18
North, Range 3 East, described as [ol'lows:
Begin at a point 130.0 feet W~st of the
Southeast corner of said Quarter Quarter
Section, run thence West on the South line of
~aid Quarter ~ection 237.0 feet to the Center
of State Highway No. 31, thence Northeasterly
along the center of said Highway 40B.62 feet
to a point, thence South pa,trallel with the
East line of said Quarter Section 332.5 feet
to the place of beginning~
~
"
Parcel
16-09-25-01-01-004.000
Parcel
16-09-25-01-01-005.001
Exhibit A
(page 3 of 11)
Parcel
16-09-25-01-01-005.000
Part of the Northeast Quarter of the Southwest Quarter
of the Nor:th'l-Iest Quarter of Section 25, Township 18
Nor.-th, Range 3 East, in Hamilton County, Indiana, de-
scr:ibed as follows: I
Beginning at the Northeast Corner of said Northeast
Quarter of the Southwest quar:ter.- of the Northwest quar-
ter of saId section; thenc~ South (South 01 deg["ees 09
'm I nut e s 1 7 see 0 n d s We s t ( ass U m e d be a r 1 n g ) a Ion g t h 'e
East line thereof 340.00 feet; thence North 66 degrees
09 minutes Hest'451.51 feet (Nor.-th 64 degrees 59 min-
utes 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 s~conds East wlth Same 185.09
feet (North 36 degr:ees 38 minutes' 41 seconds Eai't'
184_76 feet measured); thence North 88 degrees 44 'min-
ut.es 15 s,econds East 305.72 feet (Nor.th 89 degrees 57
minutes 03 seconds East 307:00 feet measUred), to the
place oEbeginning, containing'2.13 acres (2.14 acres,
more or less measutedJ.
Part of the Northeast QUa~t~r~ of the
Southwest' Quarter of the. NOt:\!hwest Quarter -'Of Section
25r Township 18 NOt:th, Range 3 East in Clay Township,
Hamilton County, rn6ian~, described as f~llows~
Beginning on the East line of the Northeast. Q.uarter' of
the South~est Qua["ter of the ~Drthwest QUarter :6f 8e6-'
tion 25, Township 18 North, Range 3 Eas~.44a.OO feet
South 01 degrees 09 minute 17 seconds West (assumed
bear ing) 'from the Northei:u;t corner thereof; thence
South 01 ~e~rees 09 minutes 17 sec~rida West dn ~aid
East line 75.45 feet; thenCe North' 89 degrees 58 min-
utes 34 seconds West 653.21 feet to the West line of
the Nor.-theast Quar:ter of the Southwest QUa~ter of sa~d
Northwest Quarter'r ut"heirct:"N<:ftth" 01 "degcees 06 minutes,
38 seconds East on said West line 44.3a feet to the
Easterly right-oE-way 1in~ of Meridian Street (former
U.S. flighway No. 31>; thence North-36 de'grees 38 min-
utes 41 seconds East on said right-of-way line 217.51
feet to a Line which bears North 74 degrees 39 minutes.
<19 seconds West from the place of begin'ning; then'ce
South 74 degreES 39 minutes 49 seCOnds East oh said
li~e 543.40 feet to the place of be9innin~,containlng
2.162 acres, mo["e or less. .
, . Par-t of the Northeast Quarter 'of the
S~uth;;"est QUarter of the Northwest Quarter of. Section
2S, Township 18 North, Range 3"Eastin 'Clay Township;
Hamilton County, Indiana, described as follows:
Beginni I1g on the. East line of the Northeast Quarte[" of
the Southwest Quarter of the Northwest QGarter of Sec-
tion' 25, Township HJ North, Range 3 East 340.00 feet
South 01 deg['ees 09 l11Lnutes 17 seconds West (assumed
bearing) from the Nor.-theaGt corner thereof;' t.hence
South 01 degrees 09 minutes 17 seconds Weston said
East line 10B.00 feet;, thence North' 74 degrees 39
'm i n U te s <1 9 s-~conds'Wes t'. 5 4 3~40--fee't-Eo-t'h';; bas te dy
(i gh t-oE -way line of He tidian st ["ee t (f,orme r U. S. Hi gh-
.",ay No. 3lJ; thence North 36 degrees 38 minutes 41
seconds East on said right-oE-.....ay line 194.03 feet to a
line which bears ~o~th 64 degrees 59 minutes 43 seconds
West~ from' t~he place of beginning; .thence South 64
degrees 59 minutes 43 seconds East On said line 452.87
feet to the place of beginning, c'ontaining 1.641 acre,
more or less.
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Exhibit A .
(Page 4 of 11)
Parcel
16-09-25-01-01-006.000
The Southeast Quarter of the Southwest Quarter of the 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...
i8 Norlh,Range 3 East'in Hamilton County, Indiana, desCribed as follows:
Beginning on the South line of the NOlihwest Quarter of Section 25, Township 18
North, Range 3 East 583.01 feet NOlth 90 degrees 00 minutes 00 seconds East
(assumed bearing) of the 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 Une 250.00'feet; thence North-90-c-
degrees' 00 minutes 00 seconds West parallel with the South lirie 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 begilming point.
Exhibit A
(page 5 of 11)
Parcel
16-09-25-0 l-O l-008.002
Part of the Southwest Quarter of the Northwest Quarter of
Section 25, Town~hip 18 North, Range
3 East in Hamilton County, Indiana,
more particularly described as
follows:
.-
Beginning at the Southwest corner of the Northwest
Quarter of Section 2S, 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. 10 feet i thence North 01 degree s 03 minutes 45
seconds East parallel with th~ West line of said Quarter
458.58 feet to t~e cen~erlin~ of Meridian (former U.S.
Highway 31r Street; thence North 36 degrees 38 mt-nutes 23
seconds East on and along said centerline 95.10 feet to
-the True Begir:ming Point of this description; continuing
thence North 36 degrees 38 minutes 23 seconds East on- and
along said centerline 472.61 feet to ~he East- line bf
real estate conveyed to Rene G. -DuBois by Warranty Deed
recorded in Deed Record 143, page 269, in- the Office of
the Hamilton County Recorder; thence South 01 degrees 05
minutes 09 seconds West on and along said line -125.-00
feet; thence North 89 degree~ 55 minutes 36 seconds Ea~t
657:85 fe~t t6apoint 6n-the East line bf the Southwest
Quarter of said Northwest Quarter that is 523.45 feet
South Ol degrees - 02 minutes 07 se.conds West, of -the
Northeast corner thereof; -thence South 01degr~es 02
rniy!-utes 07 seconds West and along'said East line 133.29
feet to- the North line of the South Half o'f the Southwest
Quarter of said Northwest Quarter; thence Souths 9
degrees 56. minutes 45 seconds' West on and alopg said
North liii~"'657:-97~=fEret. to the East lin-e ofthea;fbresaTd
DuBois real estate; thence South 01 de rees 05 minutei 09
seconds West on and alonq said East line 322.84 eet t~
a point that is South 53 de rees 21 minutes .37 seconds
East of the True Beqinninq Point; thence North 53 -degrees
21 minutes - 37 seconds West 337.78 feet to the True
Beginning Point.
_I
Exhibit A
(Page 6 of 11)
Parcel
17-09~25-00-00-02I,OOO
A part of the Northeast Quarter pf Section 26 and a part of the Northwest Quarter of Section 25, all in
TO\VTIship 18 North, Range 3 r:.:ast, 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 senter of said Highway
726.4 feet to a' point 742.6 feet North Qf the SOUUl lineaf 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 Thee East, deScribed as follows: Begin at a point"in the center of State Road
No. 31, said point being 650.2 feet ~t and 917.7 feel North of the 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.
-
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Parcel
17-09-25-00-00-021.00 I
Exhibit A.
(Page 7 of 11)
Parcel
17-09-26-02-03-024.000
Part of the 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 corner thereof; thence South
89 degr<<es 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 comer 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 36seconds 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 S,Outh line" of said quarter-quarter section, 354.20 feet to the centerline of Meridi~
S~eet (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, paraUet 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 the{cof nnd all other applicable easements and rights
of way of record. . . .. .
Exhibit A
(Page 8 of 11)
Parcel
17-09-25-00~OO-022.000
A pari of the southwest quarter of the northwest quarter of Section Twenty Five, TOVv'llShip Eighteen
North, R31ige TIirceEast,{}escribed asf611ows:uBe-gifi ala'point in the centefofState Road No. 31, said
point being 650.2 feet east and 917.7 feet north of the southwest corner 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.3], thence southwesterly on the center line of said Slate Road No. 31, a distance of 49L
feet to the place of beginning.
Exhibit A
(Page 9 of 11)
Parcel
17 -09-26-00-00-008.000
A part of the 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:
Beginning on the South line of said East balf South 89 degrees 48 minutes 50
seconds West 379.75 feet of the Southeast corner 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 mil-lUtes 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 begilming and containing 11.5 acres, more or less.
"
Exhibit A
(Page 10 of 11)
Parcel
17 -09-26-00-00-011.000
A part of the Northeast Qualtee of Section 26, Township 18 North, Range Three East, described as
follows, to-wit, .BcBin as a point 2\3,8 feet West of the Southeast comer af the northeast quarter of
Section 26, arid rUn thence north parallel with the East line of said quarter section 13 124 feet, thence
West 165.95 feet, thence South 13 12.4 feet, thence East 165.95 feet to the place of beginning in
Hamilton County, [ndiana.
EXCEPT THEREFROM:
Part of the Southeast Quarter of the Northeast Quarter of Section 26, Township j 8 North, Range3 East,
Hamilton County, Indiana, and being morc 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 se~nds East, parallel with the East. I ine of said quarter-QuaI-lei" section, 34 L 73 feet to the
-point of beginning; thence continue North 0 degrees 48 minutes OS 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. of begimling, Containing 3.693
acres, more or less. Subject to all applicable easements of record.
, -...__._-------~.._-- -,. --- >. -...
;"
Exhibit A
(Page 11 of 11)
Parcel
17-09"26-00-00-011.00 I
t.'" flu-t. (It tho SouthU,'ot, Qu&rt..6r Qr tho I/o rthllQ.llt Qu~rt..... o( S<<cUon 26, tOVUmtp III
}lQrUl. ~. ) Cut, ~ll"on County, IndtllI1~. Md bit!"C """.... p.lrUouLru-l)' <t.a"-rlW<j
U to.Jl.mt., c.~nlt III tho ':>>"UI.l.~t,. tarnor Qr .au.cl li~~l1JI.t1Arr 51Kt1<<m;
t~nc. $Q1lt.h !Iy d4(T.... ~O ~~01Jtu 50 ".cond. \/..". OQ Md'a!O<oI tN ~IlUll1Ml
Or 1I~4 "~~r "action, n3.60 rCHI tlw~. IKlrtb 0 .s..~1ll3 z.~ ~~
Oil "~nd~ ~.t.. p4r4l1d ",lLtJ til. <<.>t. 11_ or' .<Ud qUArt..r-qu....t4r ....c.t.~Ol'1. ..3l..l.7)
t,.t. to Ul40 po.tnt of bolt1Ml,,1l'l Ulanc. C<II\Unu. Ik>l'th Q d.,ro.. "8 Irlnut..... 1J.8..4U:00d.a
Lut.J P'&rMlhl "i1t~ 4l41d .'"l Una. %9.~S fa.""L' 14 Uw Ilon.b ltao of .aid '~r-
" ll~r uc;:tlot\. U1<<lca ~T.h 69 d;'rru. r.6 ..tfl,utu 55 MCOil" W4:J1t.. Ol\ ~ f.1""4;
u!.d north' Un.. 1.65.95 (,,,t; thane". Soutl1 O.dalth'n 1.6 Il\1zmt,u 08 Ucandt "ut.
pu-alld '11th IUd "if, Una, 969.36 raa i..thanc-: IL:Irth rJ1 cks;r~1I11l;8 R1I1w.tu
$0", ."cond" E:A.,.1.. j>4rotll<lll V1t.h .U.l<S JI"Ulll Un., 165.95 f'ht. l.) It..4 P<llnt Q.f b.!rti.Nt..1n.a:.
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EXHIBIT "0"
18 JUNE 2002