HomeMy WebLinkAboutPacket 09-16-08 (color)
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TABLE OF CONTENTS
Tab 1
Statement of Purpose
Tab 2
Aerial Location Exhibit
Tab 3
Old Meridian Subarea Map
Tab 4
Meridian & Main II Lot Assembly Map
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Tab 5
Carmel Zoning Map
Tab 6
Carmel Land Use Map
Tab 7
Pennsylvania and Old Meridian Connection Exhibit
(As Requested by Plan Commission)
Tab 8
Conceptual Phasing Plan
Tab 9
Proposed US 31 Improvements Exhibit
Tab 10
Illustrative Building Elevations
Tab 11
Amended Petition to Change Zoning Map
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BAKERf~DANIELS
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Browning Associates, LlC (" Brown ing") cu rrently is developing the" Meridian & Main"
commercial development immediately west of the North Meridian Heights subdivision (at
the north east corner of US 31 and 131,t Street) (please see aerial location map at Tab 2).
After the Meridian & Main development was approved last year, residents of North Meridian
Heights formed a "Buyout Committee" and approached Browning about purchasing their
properties for redevelopment, too. As a result, Browning has entered into Option Agreements
with a majority of the landowners, and continues negotiations with other remaining parties.
The entire neighborhood has been included in the rezoning petition (only 50% of the owners
are needed to file the rezoning petition) so that the entire area can be planned and all
landowners can benefit from the zone change, while, at the same time, those homeowners
who do not want to sell now can continue to occupy their properties.
The Meridian & Main II Development is an important piece in the redevelopment
of the Old Meridian area. The site is located near the future Grande Boulevard, which will
continue north intersecting with an eastjwest connector of Pennsylvania Street and Old
Meridian. As a result, Browning expects Grande Boulevard to have a positive impact on the
site by providing improved access from Old Meridian. The Old Meridian area is undergoing
significant change. As demonstrated on the Old Meridian Subarea Plan (located at Tab 3),
the Meridian & Main 11 Development is surrounded by a significant amount of recent and
planned investments.
Browning presented its rezoning Application at the August Plan Commission hearing.
Following that hearing, Browning reached agreement with additional landowners (including
the owners of the land between 1315tand the subdivision (thus, "squaringoff"the site). A map
showing the status of the various parcels is included at Tab 4. After securing the additional
parcels, Browning amended its Application to include those properties and to request the
B-6 classification for the northern part of the site and the OM/MU classification for the
southern portion of the site (the original Application requested only the B-6 classification).
The entire subject site now consists of 27.37 +/- acres.
The division of the two zoning districts is reflected on the Camel Zoning Map (please
see Tab 5). This division of zoning classifications will allow the northern portion of the site
to develop in a manner consistent with adjacent properties to the west and north; and the
southern portion to develop in a complementary style to other Old Meridian classifications
to the west, south, and east. This pattern of development is consistent with the City's land
Use map (please see Tab 6) and is a logical extension of the Old Meridian Subarea Plan
(please see Tab 3). The northern portion of the subject property lies within the U.S. 31
Corridor Overlay District.
The amended Application was presented to and reviewed by the Special Studies
Committee at its September 2 meeting. At the conclusion of this meeting, the Committee
unanimously voted to return the amended Application to the Plan Commission with a
favorable recommendation.
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Waiver Requests:
If the Plan Commission is inclined to act upon the amended rezoning Application at
its September 16 Meeting, two waiver requests must be granted:
1. The Carmel Plan Commission Rules of Procedure require notice of a public
hearing to be issued 25 days in advance of the hearing (the Indiana Code requires a 10
day notice period). The 25-day notice rule was met for the August Plan Commission hearing
on the original Application; however, due to the timing of securing Option Agreements on
the parcels not previously included in the original Rezoning Application, the notices for the
September public hearing mailed and a sign posted on the site on August 27, 2008 (20
days prior to the public hearing) and Legal Notice was published in the Indianapolis Star
on August 29, 2008 (18 days prior to the public hearing). The amended Application was
considered by the public and the Committee at its September 2 meeting, and, as a result,
Browning believes no prejudice would result by granting the waiver.
2. Generally, the Plan Commission refers a rezoning Application to the Special
Studies Committee following a Public Hearing. In this case, the Application was amended
after the August Plan Commission meeting but prior to the September Committee meeting.
The Committee then reviewed the amended Application and forwarded it on to the Plan
Commission with a unanimous favorable recom mendation. As a resu It, Brown ing respectfu lIy
requests a waiver of this rule because it would seem, in this case, unnecessary to re-send
the amended Application to the Committee.
Thank you for your consideration.
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Proposed
Meridian & Main II
Project
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kea of Rezoning
Outlined in Black
OMIMM
OMlMU
OM/SU
Proposed
OMlMU
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_ us 31 Corridor Overlay
_ High Intensity Commercial
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Aetial SoutCe: Hamlllon County, Indiana
Floocllnlonnalion SOUfCe: FEMA
APPENDIX A - SHEET 4
Environmental Features: Single Preferred Alternative
Major Moves Alternative
Supplemental Draft Environrnentallmpad Statement
Hamillon County, Indiana
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$825.00 plus $114.50 per acre
(PUll $2,675.00, plus $114.50 per acre)
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AMENDED PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORAlEDBYREFERENCEINTOlHECARMEUCLAYZONING ORDINANCE
-- REZONE APPLICATION -
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Date: August 27, 2008
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Docket No.:
08060017 Z (Amended)
. Name of Owner:
See attached Parcel Owner Table
Phone No.: See Attached List
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Owner's Address:
See attached Parcel Owner Table
Fax No. See Attached List
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City, State, ZIP
See attached Parccl Owner Table
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. Contact Person Name and Company: Browning Associates, LLC c/o Steven D. Hardin, Attornev at Law, Baker &
Daniels LLC
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Contact Person Phone, Fax, Email: Ph. (317) 569-4833; Fax (317) 569-4800; E-Mail- steve.hardin@bakerd.com
Contact Person Address: 600 East 96th Street, Ste. 600. Indianapolis. IN 46240
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. Record of Ownership: Deed Book:
Page:
Purchase Date:
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. Legal Description (Use additional page(s) ifnecessary): See Legal Description attached as Exhibit A.
. Common Address of Property Involved (or General Description ifno Address Exists):
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1202 -1309 Lynne Drive. 1 -145 Catherine Drive, 1210 - 1301 Vivian Drive. and 108 - 135 Sonna Drive, 1230 - 1328 Main
Street. Carmel. Indiana 46032
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. Tax Parcel ID Nos:
See attached Parcel Owner Table
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. Proposed Zoning Change: From the S-2! US 31 Overlay District to the 8-6! US 31 Overlay and the OM/MU
District, for the property shown outlined in red on the map attached hereto, which is made a part oftrus petition.
. Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary):
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The site is located within the US 31 Corridor sub-set of the Regional Corrunercial! Employment Area
recommendation of the current Carmel! Clay Township Comprehensive Land Use Plan. The current primary or
underlying zoning classification for the site is 8-2, which provides for single family development However, the site
is also located in the US 31 Corridor Overlay District which prohibits further residential development. Therefore,
the site must be rezoned to accommodate .future development. The requested rezoning of Ute northern portion of Ute
site to the B-6 classification would allow for high intensity office, hotel or retail development consistent with the
current Carmel! Clay Township Comprehensive Land Use Plan recommendations and the CarmeVClay 2020
Vision plan recommendations. The requested rezoning of the southern portion of the site to the OM/MU
classification would allow for a combination of uses to compliment the adjacent properties of different Old
Meridian classifications. Future development of the site wouLd be subject to future ADLS review and approval by
the Plan Commission at the time of development.
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AFFIDAVIT
(IJWe), being duly sworn, depose and say that the* (lfWe) (am/are) the owner of Fifty Percent (50%) or more of the
property involved in this application and that the foregoing signatures, statements, and answers herein contained and the
information herewith submitted are in all respects true and correct to the best of my knowledge and belief.
'" The undersigned has been authorized to file the Rezoning Application by Browning Associates, LLC
BROWNING ASSOCIATES, LLC
BY:~~
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Printed: Steven D. Hardin, Esq.
Attorney for Browning Associates, LLC
6100 West 96th Street, Suite 250
Address
Indianapolis, IN 46278
City, State, Zip Code
Date: August 27.2008
The applicant, correspondent, or agent (if different from owner or owners):
Steven D. Hardin, Agent
Baker & Daniels LLC
600 East 96th Street, Suite 600
Indianapolis, Indiana 46240
Phone: 317-569-4833
Fax: 317-569-4800
State of Indiana
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ss:
County of Hamilton
Before me the undersigned, a Notary Public for Hamilton County, State ofIndiana, personally appeared Steven D. Hardin,
as Attorney for Browning Associates. LLC and acknowledged the execution of the foregoing instrument this 27th day of
August, 2008.
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EXHIBIT A
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LEGAL DESCRIPTION
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Lots 1, 2A, 2B, 3,4, 5, 6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23, and 24 ofthe North Meridiall Heights
Subdivision, Section 1 as recorded in the Hamilton County Recorder's Office on March 2, 1959 and filed in Plat Book 2,
Pages 130 and 131 (including all right-of-ways within Section 1);
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Lots 25, 26, 27, 28, 29, 30, 31,32, 33, 34, 35, 36, 37, 38, 39, 40,41,42, 43,44,45, and 46 of the North Meridian Heights
Subdivision, Section 2 as recorded in the Hamilton County Recorder's Office on May 3, 1961 and filed in Plat Book 2,
Page 209 (including all right-of-ways within Section 2);
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A part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, located in Clay Township, Hamilton
County, Indiana, being described as follows:
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Commencing at the 5/8" iron rod at the southwest comer of the Northeast Quarter of Section 26, Township 18 North,
Range 3 East; thence north 90 degrees 00 minutes 00 seconds east (assumed bearing) 1143.82 feet 011 and along the south
line of said Northeast Quarter to mag nail at the point of beginning oftms description; thence north 90 degrees 00 minutes
00 seconds east 150.00 feet on and along the south line of said Northeast Quarter to a mag nail; thence north 00 degrees 55
minutes 00 seconds east 250.00 feet to an 5/8" iron rod with yellow cap stamped Miller Surveying; thence north 90
degrees 00 minutes 00 seconds east 134.00 feet to a 5/8" iron rod with yellow cap stamped Miller Surveying; thence north
00 degrees 55 minutes 00 seconds east 100.00 feet to a 5/8" iron rod with yellow cap stamped Miller Surveying; thence
north 90 degrees 00 minutes 0 seconds west 189.00 feet to a 5/8" iron rod with yellow cap stamped Miller Surveying;
thence north 76 degrees 57 minutes 38 seconds west 199.42 feet to a 5/8" iron rod with yellow cap stamped Miller
Surveying; thence south 00 degrees 55 minutes 00 seconds west 145.00 feet to a 5/8" iron rod with yellow cap stamped
Miller Surveying; thence north 90 degrees 00 minutes 00 seconds east 100.00 feet to a 5/8" iron rod with yellow cap
stamped Miller Surveying; thence south 00 degrees 55 minutes 00 seconds west 250.00 feet to the Point of Beginning;
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Part of the South Half of the Northeast quarter of Section 26, TO'\ovnship 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
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Beginning at a point on the south line of said quarter section 1043.82 feet east of the southwest comer of said south half
quarter section, run thence East along and with said south line 100.00 feet; thence northwardly deflecting left 89 degrees
05 minutes a distance of 250,00 feet; thence westwardly parallel to the south line of the aforesaid south half quarter
section 100.00 feet; thence southwardly 250.00 feet to the place of beginning;
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Part of the South Half of the Northeast Quarter of Section 26, TO'Nuship 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
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Beginning at a point on the South line of said Quarter Section 1293.82 feet East of Southwest comer of said South Half
Quarter Section, run thence east along and with said South line 134,00 feet to a point; thence northwardly deflecting left
89 degrees 05 minutes a distance of 250.0 feet to a point; thence wesnvardly parallel to the South line of said South Half
Quarter Section, a distance of 134.00 feet to a point; thence southwardly, parallel to the East line of the within described
tract ofland, a distance of 250.00 feet to the place of beginning;
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Part of the South Half of the Northeast Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows: Beginning 663.82 feet East of the Southwest comer of the Northeast
Quarter of Section 26, Township 18 North, Range 3 East, and on the South line thereof; thence East on and along
aforesaid South line 190.00 feet; thence North 01 degrees 05 minutes East 250.00 feet to the P.c. of a curve to the left with
a radius of 491.18 feet; thence Northerly on and along said curve to the left, 108.29 feet through a central angle of 12
degrees 38 minutes to a P.R.e. common to said curve and a curve to the right with a radius of 541.18 feet; thence
Northerly on and along said curve to the right, 18.47 feet through a central angle of 01 degree and 57 minutes; thence
West 173.95 feet; thence South 01 degree 05 minutes West 375.78 feet to the place of beginning, containing 1.62 acres,
more or less;
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Part of the South half of the Northeast Quarter of Section Twenty-Six (26), Township Eighteen (18) North, Range three
(3) East, in Hamilton County, Indiana, more particularly described as follows:
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Beginning At a point on the South line of said Quarter Section 945.70 feet west of the Southeast comer of aforesaid
Northeast Quarter section, continue thence West along and with the aforesaid South line 100.00 feet; thence Northwardly
deflecting 90 degrees 53 minutes a distance of250.00 Feet; thence: east parallel to south line of aforesaid Quarter Section
100.00 feet; thence South parallel to the West line of the within described tract 2S0.aO-feet to the place of beginning.
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Also: Part of the Northeast Quarter of Section Twenty Six-(26), Township Eighteen (18) north, Range Three (3) east in
Hamilton County, Indiana, more particularly described as follows:
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Beginning at the Southwest corner ofthe Northeast Quarter of Section 26, Township 18 North, Range 3 east; thence East
on and along the South line of said Northeast Quarter] 717.29 feet to the Southwest corner of North Meridian Heights,
First Section; thence deflecting 89 degrees 07 minutes to the left in a Northerly direction on and along the West line of
said North Meridian Heights, First Section 250.0 feet to the place of beginning of this tract; thence continuing Northerly
on and along last described course and on and along said west line of said North Meridian Heights, First Section 100.00
feet; thence deflecting 90 degrees 53 minutes to the left in a Westerly direction and on and along the South line of Lots
#23 and #24 in said North Meridian Heights, First Section, parallel with the South line of said Northeast quarter 100.0
feet; thence deflecting 89 degrees 07 minutes to-the left in a Southerly direction 100.0 feet; thence deflecting 90 degrees
53 minutes to the left in an Easterly direction and parallel with the South line of said Northeast quarter 100.0 feet to the
place of beginning.
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