HomeMy WebLinkAboutZ-520-08 Duke Energy Rezone I1 to PUD Ordinance line numbered _4_1
1 SPONSOR: Councilor Rider
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3 ORDINANCE Z-520-08
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5 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
6 INDIANA, REZONING DISTRICT CLASSIFICATION
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Rezoning the Duke Energy Parcels at the NE Corner of 116
th
8 Street & Guilford Road from the I-
9 1/Industrial District Classification to the PUD/Planned Unit Development District Classification
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11 WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully
12 adopted a zoning ordinance, the terms of which are applicable to the geographic area consisting
13 of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay
14 Township, Hamilton County, Indiana, which zoning ordinance has been codified in Chapter 10 of
15 the Carmel City Code; and
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17 WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to
18 amend the map that is part of the zoning ordinance; and
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20 WHEREAS, the Carmel Plan Commission has favorably recommended the rezoning of
21 the real property, the legal description of which is attached hereto as Exhibit A.
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23 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of
24 Carmel, Indiana, as follows:
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26 Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance
27 is hereby changed to designate the real property from the I-1/Industrial District Classification to
28 the PUD/Planned Unit Development District Classification.
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30 Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance
31 are hereby repealed.
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33 Section 3. This Ordinance shall be in full force and effect from and after its passage and signing
34 by the Mayor.
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36 Z-520-08 PASSED by the Common Council of the City of Carmel, Indiana this _____ day of
37 _________________ 2008, by a vote of _________ ayes and ________ nays.
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1 COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
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3
4 ___________________________________ ____________________________________
5 Presiding Officer Joseph C. Griffiths
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7 ___________________________________ ____________________________________
8 Richard L. Sharp, President Pro Tempore Kevin D. Rider
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10 ___________________________________ ____________________________________
11 John V. Accetturo W. Eric Seidensticker
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13 ___________________________________ ____________________________________
14 Ronald E. Carter Luci Snyder
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16 ATTEST:
17
18
19 __________________________________
20 Diana L. Cordray, IAMC, Clerk-Treasurer
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23 Z-520-08 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
24 _________________________ 2008, at _______ __.M.
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26
27 ____________________________________
28 Diana L. Cordray, IAMC, Clerk-Treasurer
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30
31 Z-520-08 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
32 ________________________ 2008, at _______ __.M.
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34
35 ____________________________________
36 James Brainard, Mayor
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38 ATTEST:
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40
41 ___________________________________
42 Diana L. Cordray, IAMC, Clerk-Treasurer
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44 Prepared by: Angelina Conn, Planning Administrator
45 Department of Community Services, Division of Planning & Zoning
46 CITY OF CARMEL
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48 Reviewed By: John Molitor, Plan Commission Attorney
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1 EXHIBIT A:
2 LEGAL DESCRIPTION (Parcels 2 and 3)
3 Plot 5
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5 Part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana,
6 described as follows:
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8 Beginning at the Northeast corner of the West Half of the Southwest Quarter of Section 36, Township 18
9 North, Range 3 East; thence South 89 degrees 14 minutes 12 seconds West on and along the North line thereof
10 66.00 feet; thence South 00 degrees 10 minutes 31 seconds East (assumed bearing) parallel with the East line
11 of the West half of said Southwest Quarter 1988.70 feet to the True Beginning Point of the real estate herein
12 described; thence North 89 degrees 40 minutes 42 seconds East 729.14 feet to a point on the East line of the
13 West half of the East Half of said Southwest Quarter that is 1994.30 feet south 00 degrees 14 minutes 51
14 seconds east of the North line of said southwest quarter; thence South 00 degrees 14 minutes 51 seconds East
15 on and along the East line of said half Half Quarter Section 632.71 feet to the South line of said Southwest
16 Quarter; thence South 89 degrees 21 minutes 50 seconds West on and along said South line 729.96 feet to a
17 point that is 66 feet West of the East line of the West half of said Southwest Quarter; thence north 00 degrees
18 10 minutes 31 seconds West parallel with said East line 636.72 feet to the True Beginning Point; containing
19 10.630 acres, more or less.
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21 Subject to an Indiana Bell Telephone Company Utility Easement recorded June 6, 1969, in Deed Record 229,
page 30; subject to the rights of way for College Avenue (Guilford Road) and 116
th
22 Street; subject to all other
23 legal easements and rights of way.
24
25 Less the following (legal description for 2004 road rights of way conveyance):
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27 A part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana,
28 and being that part of the grantor’s land lying within the right-of-way lines depicted on the attached Right-of-
29 Way Parcel Plat marked as Exhibit “B”, described as follows: Beginning at the southeast corner of the West
30 Half of said quarter section, said southeast corner being designated as point “233” on said parcel plat; thence
31 South 89 degrees 28 minutes 02 seconds West 20.117 meters (66.00 feet) along the south line of said quarter
32 section to the southwest corner of the grantor’s land; thence North 0 degrees 04 minutes 19 seconds west
33 149.965 meters (492.01 feet) along the west line of the grantor’s land; thence North 89 degrees 57 minutes 00
34 seconds East 22.290 meters (73.13 feet) to the point “883” designated on said parcel plat; thence South 0
35 degrees 03 minutes 00 seconds East 110.000 meters (360.89 feet) to point “884” designated on said parcel plat;
36 thence South 38 degrees 56 minutes 13 seconds East 4.564 meters (14.97 feet) to point “885” designated on
37 said parcel plat; thence North 89 degrees 28 minutes 02 seconds East 90.000 meters (295.28 feet) to point
38 “886” designated on said parcel plat; thence South 17 degrees 53 minutes 12 seconds East 16.763 meters
39 (55.00 feet) to point “911” designated on said parcel plat; thence North 89 degrees 28 minutes 02 seconds East
40 81.000 meters (265.75 feet) to point “912” designated on said parcel plat; thence North 68 degrees 54 minutes
41 41 seconds East 8.544 meters (28.03 feet) to point “913” designated on said parcel plat; thence North 89
42 degrees 28 minutes 02 seconds East 13.245 meters (43.45 feet) to the east line of the West Half of the East Half
43 of said quarter section; thence South 0 degrees 08 minutes 39 seconds East 23.201 meters (76.12 feet) along
44 said east line to the southeast corner of said half-half-quarter section; thence South 89 degrees 28 minutes 02
45 seconds West 202.375 meters (663.96 feet) along the south line said quarter section to the point of beginning
46 and containing 0.8965 hectares (2.215 acres), more or less, inclusive of the presently existing right-of-way,
47 which contains 0.1873 hectares (0.462 acres), more or less. The portion of the above-described real estate
48 which is not already embraced within the presently existing right-of–way contains 0.7092 hectares (1.753
49 acres), more or less.
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1 LOCATION MAP:
2
3 Comprised of Tax parcel ID numbers 17-09-36-00-00-054.001 (Parcel 2) and 17-09-36-00-00-054.000 (Parcel
3) at the northeast corner of 116
th
4 Street and Guilford Road.
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