HomeMy WebLinkAboutPacket 09-15-08 to City Council
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FILE coPy
City of Carmel
CARMEL PLAN COMMISSION
-MEMORANDUM-
Date: September 5, 2008
To: City Council Members
From: Angie Conn, Department of Community Services
Re: September 15 City Council meeting - Ordinance Z-520-08
Enclosed is the infonnation packet for the following item. If you have any questions, please give me a
call at 571-2281 or email me at aconn@carmeLin.gov.
Z-520-08: 1161h & Guilford Rezone (Docket No. 08060009 Z)
The applicant seeks to rezone approximately 9.5 acres from 1-1!lndustrial to the
PUD!Planned Unit Development Zoning Classification. The site is located at
1441 S. Guilford. Filed by the Cannel Department of Community Services on
behalf of the Carmel Plan Commission.
There are no development plans associated with this petition, nor is any project proposed.
. However, due to recent and proposed development in the surrounding area, a change in zoning,
from its current I -lIlndustrial to the PUDlPlanned Unit Development zoning classification,
coupled with the Park Place PUD ordinance amendment Z-52l-08 (Docket Number 08060010
OA), is proposed. This rezone & ordinance amendment will assure that the Camlel Plan
Commission and Carmel City Council have the greatest opportunity to review plans for the
property, should redevelopment be proposed at this comer.
The proposed rezoning will not affect Duke Energy's ability to maintain operations in the current
facility, nor will it prohibit other similar allowed in the 1-1Ilndustrial District from occupying the
current facility. If an industrial use discontinues for a period longer than one (1) year, the
premises shall thereafter confoml to the provisions of the pUb District.
2008-0905; Council Memo.doc
Page I
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2417
I SPONSOR: Councilor Rider
2
3 ORDINANCE Z-S20-08
4
5 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY 01' 'CARMEL,
6 INDIANA, REZONING DISTRICT CLASSIFICATION
7
8 Rezoning the Duke Energy Parcels at the NE Corner of 116111 Street & Guilford Road from the 1-
9 l/Industrial District Classification to the PUD/Planned Unit Development District Classification
10
1] 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
16
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
19
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.
22
23 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of
24 Carmel, Indiana, as follows:
25
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-lllndustrial District Classification to
28 the PUD/Planned Unit Development District Classification.
29
30 Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance
31 are hereby repealed.
32
33 Section 3. This Ordinance shall be in full force and effect from and after its passage and signing
34 by the Mayor.
35
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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COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
Presiding Officer
Joseph C. Griffiths
Richard L. Sharp, President Pro Tempore
Kevin D. Rider
John V. Accetturo
W. Eric Seidensticker
Ronald E.' Carter
Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Z-520-08 Presented by me to the Mayor of the City of Carmel, Indiana this ~ day of
2008, at _.M.
Diana L. Cordray, lAMe, Clerk-Treasurer
Z-520-08 Approved by me, Mayor of the City of Carmel, Indiana, this _ day of
2008, at .M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, lAMe, Clerk-Treasurer
Prepared by: Angelina Conn, PLanning Administrator
Depattment of Community Services, Division of Planning & Zoning
CITY OF CARMEL
Reviewed By: John Molitor, Plan Commission Attorney
2
1 EXHIBIT A:
2 LEGAL DESCRlPIlON (Parcels 2 and 3)
3 Plot 5
4
5 Part of the Southwest Quai.ter of Section 36, Township 18 North, Range 3 Ea<;t in Hamilton County, Indillila,
6 described as follows:
7
8 Beginning at the Northea<;t comer 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.l.ii1e
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 ea<;t of the NOlth line of said southwest quarter, thence South 00 degrees 14 minutes 51 seconds East
] 5 on and ~ong 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 Ea<;t line 636.72 feet to the True Beginning Point; containing
19 10.630 acres, more or less.
20
21 Subject to an Indiana Bell Telephone CompllilY Utility Easement recorded June 6, 1969, in Deed Record 229,
22 page 30; subject to the rights of way for College A venue (Guilford Road) and 116tl1 Street; subject to all other
23 legal easements ffild rights of way.
24
25 Less the following (legal description for 2004 road rights of way conveyance):
26
27 A part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East, Hamilton COlillty, 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 WayParcel Plat marked as Exhibit "B", described a'; follows: BeginrUng at the southeast comer of the West
30 Half of said quartet section, S3Ld southea<;t comer being designated as point '"233" on said parcel plat; thence
31 South 89 degrees 28 minutes 02 seconds West 20. L 17 meters (66.00 feet) along the south line of said quarter.
32 section to the southwest comer 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 ~el plat; thence South 0
35 degrees 03 minutes 00 seconcls 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 clegrees 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 NOlth 89 degrees 28 minutes 02 seconds East
40 81.()()) 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 second<;East 13.245 meters (43.45 feet) to the ea5t line of the West Half of the East Half
43 of said quarter section; thence South 0 degrees 08 minutes 39 second... &<;t 23.201 meters (76.12 teet) aloqg
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~f-way,
47 which contains 0.1873 hectares (0.462 acres), more or less. The portion of the alxwe-d.escribed 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.
3
1 LOCATION MAP:
2
3 Comprised of Tax parcellD numbers 17-09-36-00-00-054.001 (parcel 2) ,md 17-09-36-00-00-054.(00 (parcel
4 3) at the northeast comer of 116th Street and Guilford Road.
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116th & Guilford Rezone
Docket No. 08060009 Z
Location Map
Northeast Corner of 116th Street & Guilford Road
ONE CIVIC SQUARE
C\ Rt\!EL, INDIANA 46032
317/571-2417
116th & Guilford Rezone
Docket No. 08060009 Z
Zoning Context Map
Northeast Corner of 116th Street & Guilford Road
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2417
.; ..
CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO REZONE PROPERTY LOCATED AT THE N9IF.ME.;~T
CORNER OF 116TH STREET & GUILFORD ROX'tf '". A. 'l() ,fa
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE Z-520-08
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. 08060009
Z) of the City of Carmel Department of Community Services petitioning the Commission for a favorable
reconunendation to rezone property at the northeast c.omer of 116th Street & Guilford Road from 1-
lIIndustrial to PUDlPlanned Unit Development:
The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting on August 19, 2008, the Carmel Plan Commission voted ten (l0) in
Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Cornman Council the proposed
Ordinance Z-520-08 with a Favorable Recommendation,
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC
36-7-4-608(f)(4), the Councll has ninety (90) days to act on this petition before it becomes effective as
Certified by the Conunission. Ninety days from the date of this Certification is Wednesday, November
20, 2008.
B
~a
Ra ona Hancock, S cretary
Carmell>lan Commission
Dated: August 22, 2008
/