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Tingley, Connie S
From:
Sent:
To:
Cc:
Subject:
Dobosiewicz, Jon C
Monday, February 17,2003 5:42 PM
Tingley, Connie S
Lillig, Laurence M; Hollibaugh, Mike P; Brewer, Scott I
Docket Number Assignment - (Z); 11300 Block of North Michigan Road (B-2 & R-4 Rezones).
Connie,
Please print and fax this e-mail to the petitioner identified be10w and update the file. I have issued the necessary
Docket Numbers for the 11300 Block of North Michigan Road (B-2 & R-4 Rezones). They will be the
following:
32-03 Z
33-03 Z
$1,269
$1,458
($728 + $541 ($36.50/ac @ 14.826 ac)
($728 + $730 ($36.50/ac @ 20 ac)
Total Fee:
$2,727
Docket No. 32-03 Z; 11300 Block of North Michigan Rond (B-2 Rezone)
The petitioner seeks to rezone a Parcel from S-l Residential to B-2/Business. The 14.826 acre site is located
along the east side of Michigan Road Y2 mile north of 1061h Street.
Filed by Steve Pittman of Pittman Partners.
Docket No. 33-03 Z; 11300 Block of North Michigan Road (R-4 Rezone)
The petitioner seeks to rezone a Parcel from S-l Residential to R-4/Residential. The 20 acre site is located
along the east side of Michigan Road Y2 mile north of 1061h Street.
Filed by Steve Pittman of Pittman Partners.
Thanks,
Please note the following:
· These Items were placed on the February 19, 2003 agenda of the Technical Advisory Committee.
· Mailed cmd Published Public Notice needs to occur no later than Friday, February 21,2003. Published notice
is required within the Indianapolis Star.
. Twenty (20) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no
later than noon, Friday, March 7, 2003. Failure to submit Informational Packets by this time will result in the
tabling of the petition to the Tuesday, April 15, 2003, agenda oftlle Plan Commission.
. Proof of Notice will need to be received by this Depariment no later than noon, Monday, March 17, 2003.
Failure to submit Proof of Notice by this time will result in the tabling of the petition. 'I
· This Item will appear on the March 18,2003 agenda of the Plan Commission under Public Hearings.
. This Item may also appear on the April], 2003 agenda of the Plan COIIIqlission Special Studies COmmijtee.
Please contact Steve Pittman at 580-0883 (Fax:-680 96':B) with this information. Once the file is updated (cop~ of
fax filed and file labeled 011 cover and intemal files) please return the it to my office.
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Date:
INCORPORA~~~~~:;g~~~~Gz~if~~CE
(REZONE APPLICATION) L~~";'/ ~ '\~?l
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January 16, 2003
$700 plus $35.00 per acre
Docket No.:
Don Ford & '.
Name of Owner: Carolyn Pennington Phone No.: 317 _ 873-9790
Address of Owner: 4490- 121st Street West
Zionsville. IN 46077
Record of Ownership: Deed'Book: 291 Page: 250 '
Legal Description (Use additional pagers] if necessary):
see attached l~aal descripti6ri
Purchase Date:_
Common Address of Property Involved (or General Description if no Address Exists):
,11300 Block' of North Michigan Road
Proposed' Zoning Change: From the ~ District to the ~ District, for the property shown
outlined in red on the map attached hereto, which is made a part of this petition.
Statement of compliance with the, Carmel/Clay Comprehensive Plan
(use additional pages if necessary):
Commercial/Business uses within the 421 Overlay Zone
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AFFIDAVIT
(I or We), being duly sworn, depose and say that (I or We) (am or are) the (owner or ovmers) of Fifty Percent
(50 %) or more of the property involved in this application and that the foregoing signatures, statements I and
~.."'~ers herein.contailJed and the. informatiOn~. s SUubmittedl. are in. all resp. . eets true and correct to the best
r-/1!d1;[ r'LJD/iJ/zpt/L V ~~~~~
DDnald~~d Carolyn Ford Pennington
Name Name
44g0 - 121st Street West 4490 - 121st Street West
Address. Address
Zionsville, IN 46077 Zionsville, IN 46077
City, State City, State
The applicant, correspondent, or agent (if different from owner or owners)
Steve Pittman (applicant)
Name
(317) 580-9693
Telephone
January 16, 2003
Date
Gary Murray (agent)
Name
(317) 842-6777
Telephone
January 16. 2003
Date
acknowledged the execution of the foregoing instrument this
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day of
My commission expires:,-.-L, Ib/~/2&ti
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PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEL PLAN COMMISSION
I (We) Pittman Partners do hereby certify that notice of public hearing of the
Carmel Plan Commission to consider Docket Number , was registered and mailed at least thirty (30) days
prior to the date of the public hearing to the below listed adjacent property owners:
.OWNER{S) NAME
ADDRESS
see attached list
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STATE OF INDIANA, COUNTY OF
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.. The unde.rsigned, having been duly sworn, upon. oath say.s tha. t.?2-. e information is true and cor. rect as he is
mformed and believes. . . . s~44
(Signature of Petitioner)
Subscribed and sworn to before me this / '(
day of . ~;;) 0
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Nota.ri'Public '
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Signatures of adjacent property owners must be submitted on this affidavit.
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PROPOSED B-3 AREA ZONING DESCRIPTION
A part of the of the Southwest Quarter of Section 6, Township 17 North, Range 3 East, in
Clay Township, Hamilton County, Indiana,
Commencing at the Northeast corner of the Southwest Quarter of Section 6, Township 17
North, Range 3 East; thence along the north line of said quarter section South 89 degrees
56 minutes 26 seconds west a distance of 1377.69 feet to the.point of beginning of the
herein described tract; thence parallel with the centerline of U.S. Highway 421 South 15
degrees 04 minutes 16 seconds East a distance of 761.26 feet to the northern line of The
Village at Weston Place, Se.ction 2, as recorded as Instrument No 9626949, in Plat
Cabinet 1, slide 686, in the Office of the Recorder of Hamilton County, Indiana; thence
along said northern line, North 89 degrees 49 minutes 00 seconds West a distance of
881.57 feet to said centerline; thence along said centerline, North 15 degrees 04 minutes
16 seconds West a distance of 757.39 feet to the north line of said quarter section; thence
along said north line, North 89 degrees 56 minutes 26 seconds East a distance of 880.56
feet to the point of beginning, containing 14.826 acres (645811.09 square feet).
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Date: January 16, 2003
PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZO~~ANCE
(REZONE APPLICATION) (-/ ^ ::<:~~
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317- 873-9790
, $700 plus $35.00 pet acre
Docket No.:
Don Ford &
Name of Owner: Carolyn Pennington Phone No.:
Address of Owner: 4490 - 121st Street West
Zionsville, IN 46077
Record of Ownership: Deed Book: 291 Page: 250 Purchase Date:_
Legal Description (Use additional page[s] if necessary):
see attached leqal description
Common Address of Property Involved (or General Description if no Address Exists):
11300 Block of North Michiqan Road
Proposed Zoning Change: From the 5-1 District to the R - 4 District, for the' property shown
outlined in red on the map attached hereto, which is made a part of this petition~
Statement of compliance with the Carmel/Clay Comprehensive Plan
(use additional pages if necessary):
Buffer use between US 421 commercial uses and residential uses to the east.
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AFFIDAVIT
(I or We), being duly sworn, depose and say that (I or We) (am or are) the (owner or owners) of Fifty Percent
(50 %) or more of the property involved in this application and that the foregoing signatures, statements, and
rs herein eontained and the information here ill s b', e "in,~, ,rn" I ~,ts? L"land correct to the best
or" lfl%tJ1J;j n>>'Jr~ . , LfJ(J&T rr--
Donald ord ~I \ Ca~olyn Ford.Pennington -
N~e N~e
4490 - 121st Street West 4490 - 121st Street West
Address Address
Zionsveville, IN 46077 Zionsville, IN 46077
City, State City, State
The applicant, correspondent, or agent (if different from owner or owners)
Steve Pittman (applicant)
Name
(317) 580-9693
Telephone
January 16, 2003
Date
Gary Murray (agent)
Name
(317) 842-6777
Telephone
January 16, 2003
Date
State of Indiana )
) SS:
County of JSC',orVL )
Before me the undersigned, a Notary Public for 'is a e Vl.(
(officer's county of residence)
County, State of Indiana, personally 'appeared ~ _JrfJ~
(name of person)
acknowledged the execution of the foregoing instrument this j 1.;JL
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day of
My commission expires:~ it. j /f,.2cCJ?J
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PETmONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEL PLAN COMMISSION
I \We) Pit tma n Partners do hereby certify that notice of public hearing of the
Carmel Plan Commission to consider Docket Number , was registered and mailed at least thirty (30) days
prior to the date of the public hearing to the below listed adjacent property owners:
.OWNER(S) NAME
ADDRESS
see attached list
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STATE OF INDIANA, COUNTY OF
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Subscribed and sworn to before me this t?t!:..
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The undersigned, having been duly sworn, upon oath says that the bove information is true and carrect as he is
informed and believes. 2;.f~ ' . .
(Signature of Petitioner)
day of -.J" "vi tiv'};
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My Commission Expires:
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Signatures af adjacent property owners must be submitted on this affidavit.
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PROPOSED R-5 AREA ZONING DESCRIPTION
A part of the of the Southwest Quarter of Section 6, Township 17 North, Range 3 East, in
Clay Township, Hamilton County, Indiana,
Commencing at the Northeast corner of the Southwest Quarter of Section 6, Township 17
North, Range 3 East; thence along the north line of said quarter section, South 89 degrees
56 minutes 26 seconds West a distance of 20.00 feet to the northwest corner of Park at
Weston Place, Section Three, recorded as Instrument No. 9736778, in Plat Cabinet 2,
slide 18, in the Office of the Recorder of Hamilton County, Indiana, and the point of
beginning of the herein described tract; thence parallel with the east line of said quarter
and along the west line of Park at Weston Place, South 00 degrees 48 minutes 27
seconds West a distance of 665.32 feet to the northern line of The Village at Weston
Place, Section 2, as recorded as Instrument No 9626949, in Plat Cabinet 1, slide 686, in
the Office of the Recorder of Hamilton County, Indiana (the next three calls being along
said northern line); (1) North 89 degrees 49 minutes 00 seconds West a distance of
711.52 feet; (2) South 00 degrees 48 minutes 27 seconds West a distance of 74.91 feet;
(3) North 89 degrees 49 minutes 00 seconds West a distance of 437.80 feet; thence
parallel with the centerline of U.S. Highway 421, North 15 degrees 04 minutes 16 seconds
West a distance of 761.26 feet to the north line of said quarter; thence along the north line
of said quarter, North 89 degrees 56 minutes 26 seconds East a distance of 1357.69 feet
to the point ofbeginning, containing 20.000 acres (871,200.00 square feet).
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COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
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Pittman Partners, Inc., an Indiana Corporation, its nominee or assignee (hereafter,
"Owner"), the Contract Purchaser of the real estate located in Hamilton County, Indiana,
and described in Exhibit "A" and Exhibit "B" hereto (hereafter, "Real Estate"), makes the
following Commitments to the Carmel Plan Commission (hereafter, "Commission").
1. Description of Real Estate:
A. See Exhibit "A"- Legal Description ofR-4 Zoned Property
B. See Exhibit "B" - Legal Description of B-2 Zoned Property
2. Docket Numbers 33-03 Z and 32-03 Z
3. Statement of Commitments For the PropertY Described in Exhibit A:
A. There will not be any pole mounted street lights.
B. All residential units built will have their own deeded lot.
C. All units that are 3- story townhome construction will be limited to brick and
hardie plank.
D. All 2 story townhome construction will be limited to brick or stone and vinyl.
E. All use of vinyl will be of similar quality and colors as that used in the
adjacent residential neighborhood known as "The Westons."
F. The southern property line and northern property line will have a minimum
building setback and or greenbelt buffer of 30'
G. The Owner will build a 6' shadow box fence on the southern property line.
H. The Owner will submit an acceptable landscape plan during the Primary
Platting process that includes trees that are "balled and burlapped" and tree
transplanted trees that have a caliper size of 3" to 6" in the south greenbelt
buffer.
1. The east property line will have a minimum setback of 150'. The portion of
the 150' setback area that does not have any drainageimprovements will
remain as natural area unencumbered by any trails or paths.
J. The site will be developed to comply with theR-4 Zoning Designation
utilizing the Residential Open Space Ordinance (ROSO III).
K. All residential construction will be limited to 2-story or 3-story construction.
1. No 3-story construction will be allowed on the smith; east, and north
perimeters of the Real Estate adjacent to surrounding properties with a zoning
classification of S- L
M. Owner agrees to follow all erosion controL requirements of the Hamilton
County Soil and Conservation Service to limit any silt entering into The
Westons drainage system.
N. Monitor Lane will only connect into the Real Estate if required by the City of
CarmeL and the Hamilton County Highway Department. The Owner is wiLLing
to provide pavers and an emergency access gate in lieu of a connecting street
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at the direction of the City of Carmel and Hamilton County Highway
Department.
O. The Owner further commits that the Real Estate could not be utilized as a
mobile. home park.
P. The Owner further commits that adequate right of way will be provided to
allow for a future connection into the undeveloped property to the north.
4. Statement of Commitments For the Property Described in Exhibit B:
A. All of the Real Estate described in Exhibit B is subject to the US Highway
421 - Michigan Road Corridor Overlay Zone.
B.. The Owner further commits that the maximum square footage of finished
commercial space shall not exceed 150,000 square feet.
C. The Owner further commits that the portion of the Real Estate described in
Exhibit B that is adjacent to "The Westons" will have a minimum building
setback line of 1 00'.
D. The Owner further commits to work with the City of Carmel to determine the
best point of ingress and egress on the north or south end of the Real Estate.
5. Bindine on Successors and Assiens: These Commitments are binding on the
Owner of the Real Estate, each subsequent Owner of the RealEstate, and each
other person acquiring an interest in the Real Estate, unless modified or
terminated by the Commission. These Commitments may be modified or
terminated from time to time only by a decision of the Commission made after
notice and a public hearing as provided by the rules of the Commsssion.
6. Effective Date: The Commitments contained herein shall be effective upon the
final adoption and passage into law of an ordinance by the Common Council of Carmel,
Indiana reclassifying the Real Estate from the S-1 Residence District..Classification to the
R-4 Residence District Classification and the B-2 Business District Classification and
shall remain in effect so long as said ordinance remains in effect.
7.. Recordine: The undersigned hereby authorizes the Secretary of the Commission
to record these commitments in the Office of the Recorder of the Hamilton
County, Indiana, following the Effective Date.
8. Enforcement: These Commitments are enforceable by the Commission and the
City of Carmel, Indiana.
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Executed this
day of April, 2003.
PITTMAN PARTNERS, INe.
By:
Steve A. Pittman
President
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Subscribed and sworn to before me, a Notary Public, in and for said County and
State personally appeared, Steve A. Pittman, the President of Pittman Partners, Inc. who
acknowledged the execution of the foregoing Commitments.
WITNESS my hand and Notarial Seal this
day of April, 2003.
My Commission Expires
Notary Public, State ofIndiana
Residing in
County
Printed
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CONSENT OF OWNER:
The undersigned, Lawson Clark, the attorney in fact for the fee simple owners of
the Real Estate, Carolyn Ford Pennington and The Estate of Donald L. Ford, hereby
consents to the foregoing Commitment Concerning The Use and Development of Real
Estate.
Lawson Clark: Attorney in Fact For
Carolyn Ford Pennington and The
Estate of Donald L. Ford
STATE OF INDIANA )
) SS:
COUNTY OF MARlON )
Subscribed and sworn to before me, a Notary Public, in and for said County and
State personally appeared, Lawson Clark and acknowledged the execution ofthe
foregoing Consent of Owner.
WITNESS my hand and Notarial Seal this
day of April, 2003.
My Commission Expires
Notary Public, State ofIndiana
Residing in
County
Printed
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Sponsor: Councilor Wayne Wilson
ORDINANCE NO. Z-404-03
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
REZONING DISTRICT CLASSIFICATION
Rezoning the property known as Weston Pointe (as proposed)from the S-l/Residence District
Classification to the B-2/Business District Classification
WHEREAS, the Carmel/Clay Plan Commission has favorably recommended the rezoning of
the real property, the legal description of which is attached hereto as Exhibit A subject to the
Commitments Concerning The Use and Development of Real Estate which is attached as Exhibit B.
NOW, THEREFORE, BE IT ORDAINED 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-llResidence District Classification to the B-
2/Business District Classification.
Section II: AU 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 effect from and after its passage and signing by
the Mayor.
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Ordinance No. Z-404-03 PASSED by the Common Council of the City of Cannel, Indiana this
_ day of 2003, by a vote of ayes and nays.
COMMON COUNCIL 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
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ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-404-03 Presented by me to the Mayor of the City of Carmel, Indiana this
_ day of
2003, at
.M.
Diana L. Cordray, lAMC, Clerk-Treasurer
Ordinance No. Z-404-03 Approved by me, Mayor of the City of Carmel, Indiana, this--.:....
day of
2003, at
.M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by: John R. Molitor
Carmel/Clay Plan Commission Attorney
One Civic Square
Cannel, IN 46032
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Ordinance No. Z-404-03
Exhibit A
LEGAL DESCRIPTION
Weston Pointe
Rezone of property commonly known Weston Pointe from S-llResidential to B-
2/Residential. Also described by the following boundary description:
A part of the of the Southwest Quarter of Section 6, Township 17 North, Range 3 East, in Clay
Township, Hamilton County, Indiana,
Commencing at the Northeast corner of the Southwest Quarter of Section 6, Township 17 North,
Range 3 East~ thence along the north line of said quarter section South 89 degrees 56 minutes 26
seconds west a distance of 1377.69 feet to the point of beginning of the. herein described tract;
thence parallel with the centerline of U.S. Highway 421 South 15 degrees 04 minutes 16 seconds
East a distance 0[761.26 feet to the northern line of The Village at Weston Place, Section 2, as
recorded as Instrument No 9626949, in Plat Cabinet 1, slide 686, in the Office of the Recorder of
Hamilton County, Indiana; thence along said northern line, North 89 degrees 49 minutes 00
seconds West a distance of 881.57 feet to said centerline; thence along said centerline, North 15
degrees 04 minutes 16 seconds West a distance of 757.39 feet to the north line of said quarter
section; thence along said north line, North 89 degrees 5~ minutes 26 seconds East a distance of
880.56 feet to the point of beginning, containing 14.826 acres (645811.09 square feet):
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Ordinance No. Z-404-03
Exhibit B
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL EST A TE
Pittman Partners, Inc., an Indiana Corporation, its nominee or assignee (hereafter,
"Owner"), the Contract Purchaser of the real estate located in Hamilton County, Indiana,
and described in Exhibit "A" and Exhibit "B" hereto (hereafter, "Real Estate"), makes the
following Commitments to the Carmel Plan Commission (hereafter, "Commission").
1. Description of Real Estate:
A. See Exhibit "A" - Legal Description of R-4 Zoned Property
B. See Exhibit "B" - Legal Description of B-2 Zoned Property
2. Docket Numbers 33-03 Z and 32-03 Z
,
3. Statement of Commitments For the Property Described in Exhibit A:
A. There will not be any pole mounted street lights.
B. All townhome residential units built will have their own deeded lot and all
condominium residential units will be built utilizing a horizontal property
regime ("HPR").
C. All units that are 3-story townhome or condominium construction will be
limited to brick and hardie plank.
D. All 2 story townhome or condominium construction will be limited to brick or
stone and a minimum of vinyl.
E. All use of vinyl will be of similar quality and colors as that used in the
adjacent residential neighborhood known as "The. Westons."
F. The southemproperty line and northern property line will have a minimum
building setback and or greenbelt buffer of 30'
G. The Owner will build a 6' shadow box fence onthe southern property line.
H. The Owner will submit an acceptable landscape plan during the Primary
Platting process that includes trees that are "balled and burlapped" and tree
transplanted trees that have a caliper size of 3" to 6" in the south greenbelt
buffer.
1. The east property line will have a minimum setback of 150'. The portion of
the 150' setback area that does not have any drainage improvements will
remain as natural area unencumbered by any trails or paths.
1. The site will be deveLoped to comply with the R-4 Zoning Designation
utilizing the Residential Open Space Ordinance (ROSO III).
K. All residential construction will be limited to 2-story. or 3-story construction.
L. No 3-story construction will be allowed within 100' of the south property line,
within 200' of the east property line, and 100' of the north property line of the
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Real Estate adjacent to surrounding properties with a zoning classification of
S-l.
M. Owner agrees to follow all erosion control requirements of the Hamilton
County Soil and Conservation Service to limit any silt entering into The
Westons drainage system.
N. Monitor Lane will only connect into the ReaL Estate if required by the City of
CarmeL or the Hamilton County Highway Department. The Owner is willing
to provide pavers and an emergency access gate in Lieu of a connecting street
at the direction ofthe City of Carmel or Hamilton County Highway
Department.
O. The Owner further commits that the Real Estate could not be utilized as a
mobile home park.
P. The Owner further commits ~at adequate right of way will be provided to
allow for a future connection into the undeveloped property to the north.
4. Statement of Commitments For the Property Described in Exhibit B:
A. All of the Real Estate described in Exhibit B is subject to the US Highway
421 - Michigan Road Corridor Overlay Zone.
R The Owner further commits that the maximum square footage of finished
commercial space shall not exceed 150,000 square feet.
C. The Owner further commits thatthe portion of the Real Estate described in
Exhibit B that is adjacent to "The Westons" will have a minimum building
setback line of 100'.
D. The Owner further commits to work with the City of Carmel to determine the
best point of ingress and egress on the north or south end of the Real Estate.
5. Binding on Successors and Assigns: These Commitments are binding on the
Owner of the Real Estate, each subsequent Owner of the Real Estate, and each
other person acquiring an interest in the Real Estate, unless modified or
terminated by the Commission. These Commitments may be modified or
terminated from time to time only by a decision of the Commission made after
notice and a public hearing as provided by the rules of the Commsssion.
6. Effective Date: The Commitments contained herein shall be effective upon the
final adoption and passage into law of an ordinance by the Common Council of Carmel,
Indiana reclassifying the Real Estate from the S-l Residence District Classification to the
R-4 Residence District Classification and the B-2 Business District Classification and
shall remain in effect so long as said ordinance remains in effect.
7. Recordiu2:: The undersigned hereby authorizes the Secretary of the Commission
to record these commitments in the Office of the Recorder of the Hamilton
County, Indiana, following the Effective Date.
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8. Enforcement: These Commitments are enforceable by the Commission and the
City of Carmel, Indiana.
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Executed this
day of April, 2003.
PITTMAN PARTNERS, INC.
By:
Steve A. Pittman
President
STATE OF INDIANA )
) SS:
COUNTY OF HAMIL TON )
Subscribed and sworn to before me, a Notary Public, in and for said County and
State personally appeared, Steve A. Pittman, the President of Pittman Partners, Inc. who
acknowledged the execution of the foregoing Commitments.
WITNESS my hand and Notarial Seal this
day of April, 2003.
My Commission Expires
Notary Public, State of Indiana
Residing in
County
Printed
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CONSENT OF OWNER:
The undersigned, Lawson Clark, the attorney in fact for the fee simple owners of
the Real Estate, Carolyn Ford Pennington and The Estate of Donald L. Ford, hereby
consents to the foregoing Commitment Concerning The Use and Development of Real
Estate.
Lawson Clark: Attorney -in Fact For
Carolyn Ford Pennington and The
Estate of Donald L. Ford
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Subscribed and sworn to before me, a Notary Public, in and for said County and
State personally appeared, Lawson Clark and acknowledged the execution of the
foregoing Consent of Owner.
WITNESS my hand and Notarial Seal this
day of April, 2003.
My Commission Expires
Residing in
Notary Public, State of Indiana
County
Printed
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Sponsor: Councilor Wayne Wilson
ORDINANCE NO. Z-408-03
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
REZONING DISTRICT CLASSIFICATION
Rezoning the property known as Weston Pointe (as proposed/from the S-JlResidence District
Classification to the R-4/Residence District Classification
WHEREAS, the Cannel/Clay Plan Commission has favorably recommended the rezoning of
the real property, the legal description of which is attached hereto as Exhibit A subject to the
Commitments Concerning The Use and Development of Real Estate which is attached as Exhibit B.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel,
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 8-1/Residence District Classification to the R-
4/Residence District Classification.
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 effect from and after its passage and signing by
the Mayor.
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Ordinance No. Z,.408~03 PASSED by the Common Council of the City of Carmel, Indiana this
day of 2003, by a vote of ayes and nays.
COMMON COUNCIL 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
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ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-408-03 Presented by me to the Mayor of the City of Carmel, Indiana this
_ day of
2003, at
.M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-408-03 Approved by me, Mayor of the City of Cannel, Indiana, this_
day of
2003, at
.M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by: John R. Molitor
Carmel/Clay Plan Commissi~n Attorney
One Civic Square
Carmel, IN 46032
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Ordinance No. Z-408-03
Exhibit A
LEGAL DESCRIPTION
Weston Pointe
Rezone of property commonly known Weston Pointe from S-IIResidential to R-
4IResidentiaI. Also described by the following boundary description: .
A part of the of the Southwest Quarter of Section 6, Township 17 North, Range 3 East, in Clay
Township, Hamilton County, Indiana,
Commencing at the Northeast comer of the Southwest Quarter of Section 6, Township 17 North,
Range 3 East; thence along the north line of said quarter section, South 89 degrees 56 minutes 26
seconds West a distance of20.00 feet to the northwest comer of Park at Weston Place, Section
Three, recorded as Instrument No. 9736778, in Plat Cabinet 2, slide 1 R, in the Office of the
Recorder of Hamilton County, Indiana, and the point of beginning of the herein described tract;
thence parallel with the east line of said quarter and along the west line of Park at Weston Place,
South 00 degrees 48 _minl!tes 27 seconds West a distance of 665.32 feet t9 the northern' line of
The Village at Weston Place, Section 2, as recorded as Instrument No 9626949, in Plat Cabinet
1, slide 686, in the Office of the Recorder of Hamilton County, Indiana (the next three calls being
along said northern line); (1) North 89 degrees 49 minutes 00 seconds West a distance of711.52
feet; (2) South 00 degrees 48 minutes 27 seconds West a distanceof74.91 feet; (3) North 89
degrees 49 minutes 00 seconds West a distance of 437.80 feet; thence parallel with the centerline
of U.S. Highway 421, North 15 degrees 04 minutes 16 seconds West a distance of761.26 feet to
the north line of said quarter; thence along the north line of said quarter, North 89 degrees 56
minutes 26 seconds East a distance of 1357.69 feet to the point of beginning, containing 20.000
acres (871,200.00 square feet).
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Ordinance No. Z-404-03
Exhibit B
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Pittman Partners, Inc., an Indiana Corporation, its nominee or assignee (hereafter,
"Owner"), the Contract Purchaser of the real estate located in Hamilton County, Indiana,
and described in Exhibit "A" and Exhibit "B" hereto (hereafter, "Real Estate"), makes the
following Commitments to the Carmel Plan Commission (hereafter, "Commission").
1. Description of Real Estate:
A. See Exhibit "A" - Legal Description ofR-4 Zoned Property
B. See Exhibit "B" - Legal Description of B-2 Zoned Property
2. Docket Numbers 33-03 Z and 32-03 Z
3. Statement of Commitments For the Propertv Described in Exhibit A:
A. There will not be any pole mounted street lights.
B. All townhome residential units built will have their own deeded lot and all
condominium residential units will be built utilizing a horizontal property
regime ("HPR").
C. All units that are 3- story townhome or condominium construction will be
limited to brick and hardie plank.
D. All 2 story toWnhome or condominium construction will be limited to brick or
stone and a minimum of vinyl.
E. All use of vinyl will be of similar quality and colors as that used in the
adjacent residential neighborhood known as "The Westons,"
F. The southern property line and northern property line will have a minimum
building setback and or greenbelt buffer of 30'
G. The Owner will build a 6' shadow box fence on the southern property line.
H. The Owner will submit an acceptable landscape plan during the Primary
Platting process that includes trees that are "balled and burlapped" and tree
transplanted trees that have a caliper size of 3" to 6" in the south greenbelt
buffer.
I. The east property line will have a minimum setback of 150'. The portion of
the 150' setback area that does not have any drainage improvements will
remain as natural area unencumbered by any trails or paths.
J. The site will be developed to comply with the R-4 Zoning Designation
utilizing the Residential Open Space Ordinance (ROSa III).
K. All residential construction will be limited to 2-story or 3-story construction.
L. No 3-story construction will be allowed within 100' of the south property line,
within 200' of the east property line, and] 00' of the north property line of the
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Real Estate adjacent to surrounding properties with a zoning classification of
S-l.
M. Owner agrees to follow all erosion control requirements of the Hamilton
County Soil and Conservation Service to limit any silt entering into The
Westons drainage system.
N. Monitor Lane will only connect into the Real Estate if required by the City of
Carmel or the Hamilton County Highway Department. THe Owner is willing
to provide pavers and an emergency access gate in lieu of a connecting street
at the direction of the City of Carmel or H,amilton County Highway
Department.
O. The Owner further commits that the Real Estate could not be utilized as a
mobile home park.
P. The Owner further commits that adequate right of way will be provided to
allow for a future connection into the undeveloped property to the north.
4. Statement of Commitments For the Property Described in Exhibit B:
A. All of the Real Estate described in ExhibitB is subject to the US Highway
421 - Michigan Road Corridor Overlay Zone.
B. The Owner further commits that the maximum square footage offmished
commercial space shall not exceed 150,000 square feet. .
C. The Owner further commits that the portion ofthe Real Estate described in
Exhibit B that is adjacent to "The Westons" will have a minimum building
setback line of 1 00' .
D. The Owner further commits to work with the City of Carmel to determine the
best point of ingress and egress on the north or south end of the Real Estate.
5. Bindin2 on Successors and Assi2Ds: These Commitments are binding on the
Owner of the Real Estate, each subsequent Owner of the Real Estate, and each
other person acquiring an interest in the Real Estate, unless modified or
terminated by the Commission. These Commitments may be modified or
terminated from time to time only by a decision of the Commission made after
notice and a public hearing as provided by the rules of the Commsssion.
6. Effective Date:. The Commitments contained herein shall be effective upon the
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final adoption and passage into law of an ordinance by the Common Council of Carmel,
Indiana reclassifying the Real Estate from the S-l Residence District Classification to the
R-4 Residence District Classification and the B-2 Business District Classification and
shall remain in effect so long as said ordinance remains in effect.
7. Recordinl!: The undersigned hereby authorizes the Secretary of the Commission
to record these commitments in the Office of the Recorder of the Hamilton
County, Indiana, following the Effective Date.
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8. Enforcement: These Commitments are enforceable by the Commission and the
City of Carmel, Indiana.
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Executed this
day of April, 2003.
PITTMAN PARTNERS, fNC.
By:
Steve A. Pittman
President
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Subscribed and sworn to before me, a Notary Public, in and for said County and
State personally appeared, Steve A. Pittman, the President of Pittman Partners, Inc. who
acknowledged the execution of the foregoing Commitments:
WITNESS my hand and Notarial Seal this
day of April, 2003.
My Commission Expires
Notary Public, State of Indiana
Residing in
County
Printed
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CONSENT OF OWNER:
The undersigned, Lawson Clark, the attorney in fact for the fee simple owners of
the ReaL Estate, CaroLyn Ford Pennington and The Estate of Donald L. Ford, hereby
consents to the foregoing Commitment Concerning The Use and Development of Real
Estate.
Lawson CLark: Attomey in Fact For
Carolyn Ford Pennington and The
Estate of Donald L. Ford
STATE OF INDIANA )
) SS:
COUNTY OF MARlON )
Subscribed and 'sworn to before me, a Notary Public, in and for said County and
State personally appeared, Lawson Clark and acknowledged the execution of the
foregoing Consent of Owner.
WITNESS my hand and Notarial Seal this
, day of April, 2003.
My Commission Expires
Notary Public, State of Indiana
Residing in
County
Printed