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HomeMy WebLinkAboutZ-514-07 Dixie Highway RezoneSponsor(s): Councilor: Luci Snydc ORDINANCE NO. Z-514-07 AN ORDINANCE OF THE COtNINION COUNCIL. OF THE CITY OF CAR.MEL, INDIANA REZONING LOT 5 AND A PART OF VACATED 107TH STREET IN DIXIE HIGHWAY ADDITION WHEREAS, Section 31.6.3 of the Carniel Clay Zoning Ordinance Z=289 (the "Carmel Clay Zoning Ordinance") provides for the amendment to change zoning in the Ordinance, and; WHEREAS, the Carmel Clay Plan Commission (the "Commission") has given a unanimous favorable recommendation to the Ordinance set forth herein (the "Dixie Highway Addition Ordinance") which changes the zone classification of the property described in Exhibit "A" attached hereto from its present zoning of R-3 to the B-I zone classification. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Pursuant to I.C. 36-7-4-1500, et seq., it adopts this Dixie Highway Addition Ordinance as an,amendment to the Carmel Clay Zoning Ordinance and it shall be in frill force and effect from and after its passage. II. All prior commitments shall be null and void and replaced and superceded by this Dixie Highway Addition Ordinance. III. This Dixie Highway Addition Ordinance shall be in full force and effect from.and alter its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana, this 1-7 411day of ?(\Qn j , 20OR by a vote of -7 ayes and 0 nays. COAIb10N COUNCIL IFOR THE CITY OF CARMEL 114' 1 L?k7? residing 0 Icer Richard L. Sharp, Presi ent Pro Tempore a-?' os 1 n V. Accetturo Ronald E. Carter ATTEST./) Cordray, IAMC, Clerk- Presented to me by the M ) ooyC-4.. , 2008 , at Diana L. Cordray, IAMC, Clerk- Approved by me, Mayor of the City of ?a?cS1? 1 2008 . at la'as P.M: Carmel, Indiana, this I ?dav of Brainard, Mayor ATTEST: - Diana L. Cordray, IAMC, Clerk-Veeaswrer Prepared by: E. Davis Coots, ots Henke cC Wheeler, P.C., 255 E. Carmel Drive, Carmel, Indiana 46032 (317) 844-4693 ose i /. Griffiths Rider W. Eric. Sei 4 of the City of Cannel, Indiana, this I S day of I Q*. at P.M. MAIMMLEVINS01 IN. 15806.0071REZONE ORDINANCE.upd Exhibit "A" Lot Numbered 5 and the South Half of 107th Street. now vacated, except the West 143.35 feet in the Dixie Highway Addition to the Town of Homeplace, as per plat thereof, recorded in Deed Record 106, Page 7, in the Office of the Recorder of Hamilton County, Indiana. EXCEPT: A part of Lot 5 and a part of vacated 107th Street in Dixie Highway Addition, an Addition to the Town of Home Place, Indiana, the plat of which is recorded in.Deed Record 106 page 9, in the Office of the Recorder of Hamilton Count}, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the Right of Way Parcel Plat marked as Exhibit "B", described as follows: Beginning at the Southeast comer of said lot; thence South 89 degrees 10 minutes 42 seconds West 1.658 meters (5.44 feet) alone the South line of said lot: thence North 2 degrees 52 minutes 47 seconds East 38.172 meters (125.24 feet) to the center line of said vacated 107th Street and the West boundary of College Avenue at point "779" designated on said parcel plat; thence South 0 degrees 23 minutes 27 seconds West 38.101 meters (125:00 feet) along the boundary of said College Avenue and along the East line of said lot to the point of beginning and containing 31.6 square meters (340 square feet), more or less. CERTIFICATION OF THE CARMEL PLAN COMMISSION'S. RECOMMENDATION ON THE PETITION OF BOBBY JOHN, LLC TO REZONE PROPERTY LOCATED AT 10696 NORTH COLLEGE AVENUE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE NO. Z-514-07 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Plan Commission offers you the following report on the application (Docket No. 07070037 Z) of Bobby John, hLC, petitioning the Commission for a favorable recommendation to rezone 0.41 acres located at 10696 N College Avenue, from R-3/Residence to B-1/Business within the Home Place Business District. The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE." At its regularly scheduled. meeting on November 20, 2007, the Carmel Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining to forward to the Common Council the proposed Ordinance 2-514=07 with a FAVORABLE recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7- 4-608(1)(4), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of this Certification (November 27, 2007) is Monday, February 25, 2008. CARMEL PLAN COMMIS ON BY Leo Dierckman, President ATTE Ra na ancock, Secretary Carmel Plan Commission Dated: November 27, 2007 2007-1127; Z-514-07 10696 N College Rezone Received NOV 2 7 2001 Cannel Clerk-Treasurer WAIVER ©F STATUT6RY COMPLIANCE John Levinsolm,'Managing Member of Bobby John, LLC (`Applican("), has submitted Ordimike'No, Z-5,14-07 toAhe; City of Carmel to:rezone Lot,5,anda"part'of vacated.] 07th Street'in Dixie.Highway Addition.from R-3 to,B=1. The; Carmel Plan Commissjon,unaiiiiiiously approved the Rezone Application at its matting held November 20, 2007; certified to=°the Carmel Clerk - Treasurer on-Noveinben'27, 2007.. By reason of the.operation.of,.I.C.'36-7-.4-606(f);, the Plan. Commission recommendation would become effective ninety (90) days;'foliowing certification of the action by'the' Plan. Commission; i:e„ February 25, 2008. The Applicant's Notice to The Noblesville;Ledger for timely publication to`be heard February 18, 2008; was not timely, published: by the paper;,prccludingcthe, publie-hearing, from occurringdue to inadequate notice. In order to, assure the CounciLthat the. Applicant seeks to cottiplywith'the Ordinance requirements and to avoid the automatic impact of...I.C. 36-74=606(0, the Applicant'hereby waives 'its, right'to'have the Ordinance'automatieal ly take effect if not acted upon by the'Council with.in the, ninety (90) day period and agrees tore-advertisethe_Notice of Public Hearing+for the lvlarch' 17„2008, City Couneil meeting and•at that.time, requests. Council actionon the Ordinance., E•. Davis-Coots,;lor Bobby John, LLC; Applicant `M.TDC0 :EVE NMiN. 158a6.007MAT V ER.,q d