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HomeMy WebLinkAboutPacket to City Council 04-01-02 'd' 01. "Z"... MEMORANDUM TO: Carmel City Council FROM: The Department of Community Services SUBJECT: Item forwarded by the Plan Commission for action by the City Council DATE: March 22,2002 Please find information on the following recommendation made by the Plan Commission attached. This item will appear on your April 151 Agenda. 1. Z-377-02, West Main & US Highway 31, Rezone PC Docket No. 18-02 Z (Rezone) The infonnation has been ananged in the following fOlmat: 1. First page(s) include brief description of Ordinance and background information. 2. Copy of Ordinance. Copied on yellow paper. 3. Copy of Plan Conunission Certification. Copied on blue paper. Council Re1JOli 2002-3-22.rtf .... - ."" CARMEL CITY COUNCIL March 18, 2001 1. Z-377-02,West Main & US Highway 31, Rezone PC Docket No. 18-02 Z (Rezone) The petitioner seeks approval to rezone a 4.066:1: acre parcel of real estate from S- 2IResidential to B-2/Business. The site is located at the northeast comer of West Main Street and US Highway 31. The site is currently zoned S-2IResidence and is within the U.S. 31 Overlay Zone. Filed by the Department of Commurrity Services. The applicant, the Department of Community Services, seeks approval to rezone a 4.066::1:: acre parcel of real estate from S-2/Residential to B-2/Business. FUliher information on this item will be provided at the meeting either from the Department or from Legal Council. The Carmel/Clay Plan Commission forwards this ordinance to the Common Council with a unanimous (13-0) Favorable Recommendation (see attached certification). The Department recommends that this item be forwarded to the Annexation and Land Use Committee for review and that the Council adopt the Ordinance upon receiving a recommendation (rom the committee. Council Report 2002-3-22.rtf Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-377-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA REZONING DISTRICT CLASSIFICATION Rezoning 4. 066::J= acres on the northeast corner of West Main Street and US Highway 31 from the S-2/Residence District Classification within the US Highway 31 Corridor Overlay Zone to the B-2/Business District Classification within the us. Highway 31 Corridor Overlay Zone WHEREAS, the Carmel/Clay Plan COlmnission has favorably tecol1l1liended the rezoning of the real property, the legal description of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAJNED by the Common Council of the City of Carmel, Indiana, as follows: Section I: That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby changed to designate the real property from the S-2/Residence District Classification within the U.S. Highway 31 Corridor Overlay Zone to the B-2/Business District Classification within the U.S. Highway 31 Corridor Overlay Zone. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effectfrom and after its passage and signing by the Mayor. 1 Ordinance No. Z-377-02 PASSED by the Common COlmcil of the City of Cannel, Indiana this _ day of 2002, by a vote of ayes and nays. COMMON COlINCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby Wayne Wilson, President Pro Tempore John R. Koven Robert Battreall N. L. Rundle Ronald E. Carter Luci Snyder 2 ATTEST: Diana L. Cordray, lAMC, Clerk-Treasurer Ordinance No. Z-377-02 Presented by me to the Mayor of the City of Carmel, Indiana this _ day of 2002, at .M. Diana L. Cordray, lAMC, Clerk-Treasurer Ordinance No. Z-377-02 Approved by me, Mayor of the City of Cannel, Indiana, this _ 2002, at .M. day of J ames Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel/Clay Plan Commission Attorney One Civic Square Carmel, IN 46032 3 Ordinance No. Z-377-02 Exhibit A LEGAL DESCRIPTION West Main Street and US Highway 31 Property Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North, Range Three (3) East in Hamilton County, Indiana, described as follows: Beginning at the Southeast Cori1er of the Northwest Quarter of said Sectio1126; thence North 00 Degrees 22 MInutes 50 Seconds West (assumed bearing)alongtl1e East Line thereof a distance of 712.35 feet to a point on the easterly Limited Access Right-of-Way Line for U.S. Highway 31 (North Meridian Street) said point being on a curve having a radius 0[2146.&3 feet; the radius point ofwhiclTbears South 47 Degrees 16 Minutes 25 Seconds East; thence Southwesterly along the curve of said right-of-way Line an Arc Distance of765.78 feetto a point which bears North 57 Degrees 42 Minutes 40 Seconds West from said radius point; thence continuing along said Right-of-Way Line South 54 Degrees 45 Minutes 59 Seconds East a distance ofl07,61 feet; thence South 01 Degrees 30 Minutes 53 Seconds East a distance of 16.5 feet; thence North 88 Degrees 29 Minutes' 07 Seconds East aLong the South Line of said Northwest Quarter a distance of 325.87 feet to the BegiIming Point. Containing, 4.066 acres, more ot less. Also identified as Tax Parcel LD. No. 16-09~26-00-00-001.001 4 ..' .,. .. Ordinance No. Z-377-02 Exhibit B West Main Street and US Highway 31 Property 5 CE~TIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECdM.LVlENDATION ON THE PETITION OF THE CITY OF CARMEL DEPARTMENl' OF COMMUNITY SERVICES TO REZONE PROPERTY pl1RSUANT TO INDIANA CODE 36-7~4~605 ORDINANCE No. Z.;377~02 West Main Street and US Hi.ghvv:ay 31 Rezone To: The.Hmiorable COf!lmon Council olthe City of CarIiuil Hamil~on County, Indiana Dear Members: The Carm~IICIl:!-y' Plan Commission offers you the following report. on the application (Docket No, 18-02 Z) of the City of Carmel Department of COmmunity Services petitioning the Commission for a favorable, recoIIillJ,e:ndation to rezQne property at the northeast corner of West MautSn.-eetandUSHighway 31.: The CarmeVClay Plan cotnmission;s recommendation ohthe petition of the applicant is FAYORABLE. At its regularly sche!=iuted meeting of March 19, 2002; thl:: Garmel/Clay Plan Commission voted fourteen (14) in Favor, zero (0) Qpposed, zero (0) Abstaining, to forward to the Common Council the prQPosedOrdinance No. Z- 377-02 witq,a FavorableRecornmendation,. Please be advised that'by virtue of the Plan ColD11J.ission's Favorable Recommendation, pursuant to Ie 36-7.4- 608(f)(4), the Council has ninety (90) days to act on" this petition before it becomes effective as Certified by the Coinmission, Ninety days from the date of this Certification is Wedriesqay, June 1"9,2002. BY: Maril 4~: in L . .. . ....WV/(J~ .~ ,.Vi:.e -' i . RJimona Hancock, Secr.etaJY. Carmel/Clay PlallCommiss'ion Dated: Thllfsday, March 11, 2002 RECEIVED MPR 2 \ I..:,:;,ii~ .'. , '. CARMtLCLERK TREASURER