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HomeMy WebLinkAboutPetition for Creation of Old Meridian-Mixed Medical Zoning District 06-14-02 -. 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 'a -:;0 ~-~Yr ~ ......,~ Q ?-~ ~ './I (fl ~ "-' 'P 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. J,uf~ fLJ~~ Donald R. Russell DRR/njb 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 C-:::'-~ c;....... \ ~ ~CJ.>> ?<'., o ,....:><;:. V sP"~ C"? d ~o lP47, ? 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 ;f)/rwzeff (. :~~4-J~~ Donald R. Russell DRRlnjb 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 .. -' Sponsor: Councilor "----\-,, .--/-........ /-\~' J:/~ /\':.-\~ -----~, >- .r.... r V ... ~. "- yo . -~ f-. I' I I-~, i-- l'L_,1 ~~~~ ~~G ~ ~<:s \;>" \ ~ \' \ - \ ORDINANCE NO. Z- '.~:\ / \. '. . "". AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP FOR~:taE-ClT_y-.QF)/ ,__.1 ,J r ~ I \ ~ ,... 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 .'/'\ " 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. I ,r ; , , I ,"j . j' I i I I' j -./ , , ' .' 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. - - .' 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~. 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SITE PLAN "MIXED MEDICAL ZONE" I_I~ 1/ EXHIBIT "0" 18 JUNE 2002