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Home My WebLink AboutZ-522-08 Amend Meridian Heights2008055195 ORDINANCE $23.00 11/05/2008 01:40:47P 6 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented Sponsor: Councilor Kevin Rider ORDINANCE Z-522-08 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA REZONING OF 27.37 ACRES LOCATED ON THE NORTH SIDE OF 131ST STREET BETWEEN U.S. 31 AND OLD MERIDIAN STREET, COMMONLY KNOWN AS NORTH MERIDIAN HEIGHTS SUBDIVISION AND PROPERTIES ADDRESSED AS 1230 THROUGH 1328 MAIN STREET, CARMEL, INDIANA, FROM THE S-2 RESIDENCE DISTRICT CLASSIFICATION TO THE OM/MU (OLD MERIDIAN/MIXED USE) DISTRICT AND THE B-6 (BUSINESS) DISTRICT CLASSIFICATION WHEREAS, pursuant to I.C. 36-7-4-602, the Common Council of the City of Carmel, Indiana, has lawfully adopted a Zoning Ordinance, the terms 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 10 of the Carmel City Code; and, WHEREAS, pursuant to the I.C. 36-7-4-602, the Common Council of the City of Carmel, Indiana is authorized to amend the map that is part of the Zoning Ordinance; and, WHEREAS, the Carmel Plan Commission has rendered a "Favorable 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 Common Council of the City of Carmel, Indiana, as follows: 1. The official Zoning Map accompanying and made part of the Zoning Ordinance is hereby amended to change the zoning classification of the Real Estate from the S-2 zoning classification to the OM/MU and B-6 zoning classifications. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Ill. The rezoning of the Real Estate is subject to the Conditions identified in Exhibit "B IV. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana, this AC, ? day of oczo.x t , 200.8, by a vote of (a ayes and 0 nays. Version A 10/20/08 BDDB01 5413830v2 COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA os h . Griffiths r evin Rider V oj?3) hn V. Accetturo 7^ *onaldrter ATTEST: Diana L. Cordray, IAMC, Clerk- tyoT PV-eSe 1,J -1 W. Eric Seidensticker u4Sdle!rZ?-- U 5-Presented to me by the Mayor of the City of Carmel, Indiana, this a I day of Ct.? , 2008, at J 0: -15 1 Pr •M ktA,111? 4 L Diana L. Cordray, IAMC, Clerk-Treas re Approved by me, Mayor of the City of Carmel, Indiana, this o1oDjvl day of C??. 2008, at I O r AA M: 1.11 Mayor ATTEST: Prepared by Steven D. Hardin, Baker 46240 (317) 569-9600 Daniels, 600 E. 96th Street, Suite 600, Indianapolis, IN BDDB01 5413830v2 Richard 1:?S'Rarp, P esident Pro Tempore Exhibit "A" Lots 1„2.A; 2B; 3; 4, 5; 6; 7, R, 9, 10; 11, 12, 13, 14,15; 16, 1'7, 18„ 19120; 21, 22, 23 and 24 of the North Meridian Heights Subdivision, Section„, as recorded in the:Hamilton County Recorder's Office on March 2, 1959 and filed in Plat Gook 2,,Pa9es:1.30 and 13`1; also Lots 25, 26, 27;18, 29, 3Q; 31, 32, 33, 34,351, 36, 37, 38,.39, 40,4.1,42; 43, 44; 45, and 46 of the North Meridian Heigh[s Su6diuision,!Section 2 as 'recorded in the Hnmi_lto,n County Recorder's Office on:•May 3; 1961 and filed-in Plat Boole 2, Page 209; also A .part of the, Northeast Quarter of Section`26,.Township I'8'North, :Range, 3.'East, located in Clay Township; Hamilton County, lndiana,.being•descriFed as.follows Commencing atthe 5/8" 'iron rod at the southwest corner of the Northeast QuaSrter,af Section 26, Township 18 North, Range 3 Fast; thence north 90 degrees 00 minutes 00 seconds "east-- (assumed bearing) 1143,82 feet-on and along?the.soutli line of•said Northeast Quarter to mag nail at the point of beginning of,this" 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 inag 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 rriihutes 00 seconds east 134.00 feet to a "518" iron rod with yellow cap stamped Miller Sun?eying; thence north 60 degrees 55 minutes 00 seconds east 100:00 feet to a5/8" iron rod with yellow' cap stamped Miller Surveying; thence north 90 degrees 00 minutes 0 seconds west 189.00 feet to a 518" 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 staiitped Miller. Survice ing,• 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, cast 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; also Part of the South Half'ofthe°Northeast quarter of-Seetion 26,7ownship 1'S North, Range 3 East in Hamilton, County, Indiana', more particularly described asfollow?s:- Beginning- at a point on the south line of said "quarter section 1043.82 feet east of the soulhweesf corner of said south half quarter section, run ,hence East along and,with said;south line 100.60 feet; thence inorthwardly 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 s"tiofi 100:00.feet; thence sguthwardly250.00 feet tothe place?ofbegibiling also Version A 10/20/08 BDnD01'5413830v2 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 at. a point oil the South line of said Quarter Section 1293.82 feeb;East-of Southwest corner of said South Half'Quarter Section, run thence cast 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 westwardly parallel to the South line ofaai_d',South Half Quarter Section, a distance, of 134.00,fectto a point; thence southwardly, parallel to the East line of the within described. tract of land,.a, distance of.250.00 feet_to the,place of beginning; also Part of the South:Half of the Northeast Quarter of5ection 26, Township 18 North, Range 3 East in.Hainilton County, Indiana, more particularly described as, follows: Beginning 663.82 feet East of the Southwest' corner of the Northeast Quarter of Section 26, Township, 1.8 North, Range :3 East, and on the Southti'ne,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 49t:18 feet; thence=Northerly omand along said cane to the left, 108:29 feet through a central angle of 12,degrces.38 minutes toinP:R.C. common to said curve and a curve to the right with,a radius of X541 1: i's feet: thence Northerly on and along s6i'd curve to the, right, 18.47 feet tlirough a central angle of 01 degree and 57 minutes;.thence West 173.95 feet; thence South 01. degree 05 mihutes West 3,75.78 feet to the place of beginning, containing 1.62 acres; more or less; also Part of the South, half, of'thc Northeast Quarter of'Section Twenty=Six (26), Township Eighteen (18) Nortli, Range'three (3) East, iii' Hamilton County, Indiana, more particularly desc`ribed,as follows: Beginning at a point on the South line of said Quarter. Section 945:70 feet west of the Southeast corner of aforesaid Northeast Quarter section,, continue thence West along and. with-the aforesaid. South, hne 1.00.00 feet; thende. Noith,,vardly deflecting 90 degrees 53 minutes`a distance of 250.00 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 250.00-feet to the.place of beginning; also. Part ofthe Northeast Quarter ofSection Twenty Six-(26), Township Eighteen (18) north, Range Three (3) east in Hamilton County, Indiana, more,partieularly dckribed as follows Beginiing at the Southwest corner of'the: Northeast Quarter of Section 26, Township 18 North, Range 3 east; thence East on and along the South line of said Northeast-Quarter 1717.29 feet do the Southwest corner of North 'Meridian Heights,, First Section; thence deflecting 89 degrees 07 minutes to the I'et't'in a Northerly direction on and along the West. 4 Version.A 10/20/08 BDDM 5413630x2' tine of said North Meridian Heights, Fitst;Section,250.0 i'cetto the place of beginning of this tract; thence continuing Noutherly 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'niihutes to the left in a Westeily direction and on andalohg the South.line of Lots 923 and #24 in said North Meridian IIeigiits, First Section, parallel with the Sbuth line of said Noriheastequalter 100.0 feet; thence deflecting 89 degrees 07 minutes to the left in a Southerly direction 100,0 feet; therice 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. Version A 10_/20/O8 HQDa01 5413830x2 5 Exhibit "B" REZONING CONDITIONS Ordinance Number: Z-522-08 No building demolition or tree clearing shall occur prior to the submission of a tree inventory and preservation plan which is in compliance with the Carmel City Ordinances. Residences acquired by Browning Associates, LLC, which are then vacated prior to May 15, 2009, shall be demolished no later than June 15, 2009. Any residence acquired by Browning Associates, LLC, but vacated after May 15, 2009, shall be demolished within 30 days following the premises being vacated. For those residences that have been vacated, but are not yet demolished, private security contracted by Browning Associates, LLC, will perform periodic inspections of the premises. 4. Demolition of the residences acquired by Browning Associates, LLC, will be permitted only Monday through' Friday, between the hours of 8:00 a.m. to 5:00 p.m. (E.S.T.). Version A 10/20/08 BDDBOi 5413830v2 9 affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Securitv