HomeMy WebLinkAboutZ-517-08 DRAFT
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Sponsor: Councilor Kevin Rider
ORDINANCE Z-517-08
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
REZONING OF 11.6 I -- ACRES LOCATED ON THE SOUTHEAST CORNER OF THE
INTERSECTION OF 146TH STREET AND GRAY ROAD WITH A
COMMON ADDRESS OF 4927 EAST 146TH STREET, CARMEL, INDIANA,
FROM THE S-I RESIDENCE DISTRICT CLASSIFICATION TO THE
B-} BUSINESS DISTRJCT CLASSiFICATION
WHEREAS, pursuant to LC. 36-7-4-602, the Common Council of the City of Cannel,
Indiana, has lawfully adopted a Zoning Ordinance, the teTIns of which are applicable to the.
geographic area consisting of the incorporated area of the City of Carmel, Indiana, and the
unincorporated area of Clay Township, Hamilton County, Indiana, which Zoning Ordinance has
been codified in Chapter lOaf the Carmel City Code; and,
WHEREAS, pursuant to the I.C. 36-7-4-602, the Common Council of the City of Cannel,
Indiana is authorized to amend the map that is part of the Zoning Ordinance; and,
WHEREAS, the Carmel Plan Commission has rendered a "no recommendation"
regarding the request to rezone certain real property, the legal description of which is attached
hereto and incorporated herein by reference as ExhIbit "A" (hereafter "Real Estate").
NOW, THEREFORE, BE IT ORDAINED by the Conmlon Council of the City of
Cannel, Indiana, as follows:
L The official Zoning Map accompanying and made par:t of the Zoning Ordinance is hereby
amended to change the zoning classification of the Real Estate from the S-I zoning
classification to the B-IlBusiness zoning classification.
II. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are
hereby repealed.
III. All prior commitments shall be null and void and replaced and superceded with the
Commitments attacbed hereto and incorporated herein by reference as Exhibit "B".
IV. This Ordinance shall be in thll force and effect from and after its passage and signing by
the Mayor.
PASSED by the Common Council of the City ofeanne}, Indiana, this
day of
, 2008, by a vote of
ayes and
nays.
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BDDBOJ 5213836vl
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COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
Presiding Officer
Joseph C. Griffiths
Kevin Rider
Richard L. Sharp, President Pro Tempore
W. Eric Seidensticker
John V. Accetturo
Luci Snyder
Ronald E. Carter
ATTEST:
Diana L. Cordray, fAMC; Clerk-Treasurer
Presented to me by the Mayor of the City ofCamle1, Indiana, this
, 2008, at .M.
day of
Diana L. Cordray, lAMC, Clerk-Treasurer
Approved by me, Mayor of the City ofCarrnel, Indiana, this
, 2008, at .M.
day of
J ames Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
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Prepared by Kelli Lawrence, Hearthview Residential, LLC, 805 City Center Drive, Suite 140
Carmel, IN 46032 (317) 663-4802 :
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I3DDAOl 5213836vl
Exhibit "A"
Historic Legal Description of Real Estate
Beginning ] 27 3/11 rods west of the northeast comer of the northwest quarter of Section 21,
Township 18 North, Range 4 East, thence south 80 rods, thence west to the west line of said
Section 21, thence north to the north line of Section 21, thence east to the place of beginning.
EXCEPT:
A part of the northwest quarter of Section 21, Township 18 North, Range 4 East, more
particularly described as. follows:
Begin 1158.68 feet south of the northwest comer of said Section 21 and run thence south] 61.32
feet, thence east 556.50 feet, thence north 161.32 feet, thence west 556.50 feet to the place of
beginning.
ALSO:
Beginning at a point 107 rods and 4 1/2 feet west of the northeast corner of the northwest quarter
of Section 21, Township and Range aforesaid and running thence west 20 rods, thence south 40
rods, thence east 20 rods, thence north 40 rods to. the place of beginning, in Clay Township,
Hamilton County, Indiana.
Modernized. Legal Description of Real Estate
A part of the northwest quarter of the northwest quarter of Section 21, Township 18 North,
Range 4 East and more particularly described as follows:
Commencing at the northwest corner of the northwest quarter of said Section 21; thence South
89 Degrees 43 Minutes 14 Seconds East 573.30 feet; thence continuing 89 Degrees 43 Minutes
14 Seconds East 330 feet; thence South 00 Degrees 03 Minutes 46~Seconds East 73.16 feet to an
iron pen and the Point of Beginning of this description; thence continuing South 00 Degrees 03
Minutes 46 Seconds East 586.84 feet to an iron pen; thence South 89 Degrees 43 Minutes 14
Seconds East 330.00 feet to a concrete monument; thence South 00 Degrees 03 Minutes 46
Seconds East 9.98 feet to an iron pen; thence South 89 Degrees 43 Minutes 14 Seconds East
54].57 feet; thence North 00 Degrees 16 Minutes 13 Seconds West 342.20 feet to a concrete
monument; thence North 11 Degrees 02 Minutes 23 Seconds East 133.83 fcet to a concrete
monument; thence North 00 Degrees 16 Minutes 13 Seconds West 65.62 feet to a concrete
monument; thence North 43 Degrees 20 Minutes 39 Seconds East 48.66 feet to a concrete
monument; thence South 88 Degrees 34 Minutes 29 Seconds East 246.11 feet to a concrete
monument; thence North 87 Degrees 33 Minutes 11 Seconds East 137.95 feet to a concrete
monument; thence North 64 Degrees 52 Minutes 19 Seconds East 72.64 feet to a concrete
monument; thence North 84 Degrees 16 Minutes 14 Seconds East 125.36 feet to a concrete
monument; thence South 82 Degrees 47 Minutes 01 Seconds East 198.30 feet to a concrete
monument; thence South 89 Degrees 43 Minutes 14 Seconds East 42.72 feet to the Points of
Beginning. Containing 11.62 acres, more or less.
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BOOBOI 5213836v I
Exhibit "B"
COMMITMENTS
146th Street & Gray Road I
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1. Number of Lots: The Real Estate shall be developed with a maximum of eight (8) 10Fs
and one Block to be known as "Block A". No buildings or structures, except for I
underground utilities, drainage improvements or fencing as shown on the Primary Pl~t,
shall be permitted in Block A.
2. Building Area: The total area of all buildings to be constmcted on the Real Estate s~all
not exceed 80,000 square feet of gross leaseable area. No individual building shall
exceed 15,000 square feet of gross leaseable area.
3. Building Height: No building onthe Real Estate shall exceed one-story in height.
4. Use Restrictions: The use of the Real Estate shall be limited to the following:
Office Uses: Retail & Service Uses (as limited below): I
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General Offices Financial Services/Investment Offices ,
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Professional Offices Real Estate Companies and related services I
Medical Health Center Financial Institution I
Automated Teller Machine (A TM) as an accesso6r
use i
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5. Site Layout: No off-street parking area or interior access drive shall be pemlitted I
between the front line of any building on a lot and the south right-of-way line of 146,'h
Street or the east right-of-way line of Gray Road; provided, however, a financial !
institution may have an interior access drive between the established tront line of a I
building and the south right-of~way of 146th Street or the east right-of-way line of Gray
Road to provide safe and efficient circulation for a drive-tl1m service or an ATM. I
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6. Architectural Design Requirements: I
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a. Materials: I
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(2)
A minimum of three (3) materials shall be used for building exteriors'
chosen from the fol1owing list: stone, brick, split face block, architedtural
pre-cast (panels or detailing), architectural metal panels, glass, ornamental
metal, wood or EIFS. I
EIFS shall be limited to trim pieces and/or portions of the fac;ade located
eight (8) feet above grade. i
(1)
(3)
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A minimum of 70% ofthe building exteriors (exclusive of roofs, dodrs,
windows and gables) shall be stone, brick or split face block I
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(4) Similar building materials will be used on all four (4) building facades.
(5) No mechanical equipment will be mounted on the rooftop of any building.
b. Roof Design: Sloped roofs shall not exceed a length of one-hundred (100) feet
without a change in elevation of the roof ridge plane, change in direction of the
roof ridge, or the addition of dormers. Roof slopes shall not maintain less than a
4:12 pitch, nor greater than a 12:12 pitch.
c. Building Design: All buildings shall be designed using the same basic design
theme, including building materials, colors and proportions.
d. ADLS Approval: AU final building plans shall be subject to final exterior design
approval through the ADLS process.
e. Common Development: The Real Estate shall be developed pursuant to recorded
covenants, conditions and restrictions which will be binding on all property
owners within the development.
7. Lighting: Site lighting shall be coordinated throughout the Real Estate and be of a
unitonn design, color and materials. With the exception of low intensity architectural
lighting, all exterior wall mounted lights and pole mounted lights shall utilize full cut-off
fixtures. Pole mounted lights shall not exceed twenty (20) feet in height, including the
base.
8. Landscaping:
a. I 461h Street frontage and Gray Road Frontage: Frontage landscaping shall, at a
minimum, comply with the requirements of Section 26.04.06 of the Carmel
Zoning Ordinance, and shall be subject to final design approval through the
ADLS process.
b. Tree Preservation / Buffer Area: All trees located along the south property line
and within Block A, as depicted on the Primary Plat, shall be preserved except
for: (i) dead or diseased trees; and, (ii) those trees located at the southeast comer
of the site which must be reasonably removed to accommodate the proposed
detention outlet into Mitchener Ditch.
c. Overall Landscape Design: The fmal landscape plan shall be in substantial
compliance with Sheet 2 of 4 (Preliminary Landscaping Plan) of the Primary Plat.
d. Dumpster Screening: Dumpsters shall be screened from view of the properties to
the south and east using landscaping, enclosures, fencing or a combination
thereof
e. Fencing: A 5-foot tall ornamental fence of shall be erected around the south and
east sides of the dry detention area as generally depicted on the Primary Plat,
Sheet I of 4.
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f. Tree Height: Evergreen trees to be planted in the southeast comer of Block A as
generally depicted on Sheet 2 of 4 (Preliminary Landscaping Plan) of the Primary
Nat shall be no less than 10 feet tall at the time of planting. I
9. Signs:
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a. Freestanding Signs: All freestanding signs, including identification signs an~
directory signs, shall maintain a consistent design theme, using similar materials
and colors for each sign structure. The final design of all freestanding signs shall
be subject to the ADLS process. I
b. Wall Identification Signs: All wall identification signs:
(1)
(2)
shall be restricted to individual letters or logos; I
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shall not be penllitted on the south facade of buildings located on Lot~ 5,
6, 7 and 8 as depicted on the Primary Plat; and, I
(3)
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shaH not be permitted on the east facade of buildings located on Lots 5, 6,
and 7 as depicted on the Primary Plat.
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CERT'MCATION 0.1" mE. C.i\.R1trlEL
PL\A~CO~fl\nSSl0N)S. R.ECO~rM'E~rpAnON
ON "fHE p~nrJ.ON OFHEa7rUVrE.\V :R.i.SIDE.?\1T:J)",Q, lie
TO REZONE PROPERTY l.Oc..~TiED
ON rUE SOtJll:li&AST COR.~"'ER OjB~ 146111 sr. &, GRAY lU>
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