HomeMy WebLinkAboutPacket to City CouncilSponsor: Councilor Kevin Rider
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ORDINANCE Z-522-08
4
5 AN ORDINANCE OF THE COMMON COUNCIL OF THE
6 CITY OF CARMEL, INDIANA
8 REZONING OF 27.37- ACRES LOCATED ON THE NORTH SIDE OF 131ST STREET
9 BETWEEN U.S. 31 AND OLD MERIDIAN STREET, COMMONLY KNOWN AS NORTH
10 MERIDIAN HEIGHTS SUBDIVISION AND PROPERTIES ADDRESSED AS 1230
11 THROUGH 1328 MAIN STREET, CARMEL, INDIANA,
12 FROM THE S-2 RESIDENCE DISTRICT CLASSIFICATION TO THE
13 OM/MU (OLD MERIDIAN/MIXED USE) DISTRICT AND THE B-6 (BUSINESS)
14 DISTRICT CLASSIFICATION - Wj-~IY1 F'1i-2 US 3 ~ 1
15 a~YIU-y
16 WHEREAS, pursuant to LC. 36-7-4-602, the Common Council of the City of Carmel, a
17 Indiana, has lawfully adopted a Zoning Ordinance, the terms of which are applicable to the
18 geographic area consisting of the incorporated area of the City of Carmel, Indiana, and the
19 unincorporated area of Clay Township, Hamilton County, Indiana, which Zoning Ordinance has
20 been codified in Chapter 10 of the Carmel City Code; and,
21
22 WHEREAS, pursuant to the LC. 36-7-4-602, the Common Council of the City of Carmel,
23 Indiana is authorized to amend the map that is part of the Zoning Ordinance; and,
24
25 WHEREAS, the Carmel Plan Commission has rendered a "Favorable Recommendation"
26 regarding the request to rezone certain real property, the legal description of which is attached
27 hereto and incorporated herein by reference as Exhibit "A" (hereafter "Real Estate").
28
29 NO W, THEREFORE, BE IT ORDAINED by the Common Council of the City of
30 Carmel, Indiana, as follows:
31
32 I. The official Zoning Map accompanying and made part of the Zoning Ordinance is hereby
33 amended to change the zoning classification of the Real Estate from the S-2 zoning
34 classification to the OM7MU and B-6 zoning classifications.
35
36 IL All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are
37 hereby repealed.
38
39 Ill. This Ordinance shall be in full force and effect from and after its passage and signing by
40 the Mayor.
41
42 PASSED by the Common Council of the Ciry of Carmel, Indiana, this day of
43
44 , 2008, by a vote of ayes and nays.
BDnBO L 5413830v t
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COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
Presiding Officer
Richard L. Sharp, President Pro Tempore
John V. Accetturo
Ronald E. Carter
ATTEST:
Diana L. Cordray,lAMC, Clerk-Treasurer
Joseph C. Griffiths
Kevin Rider
W. Eric Seidensticker
Luci Snyder
Presented to me by the Mayor of the City of Carmel, Indiana, this day of
2008, at .M.
Diana L. Cordray,IAMC, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2008, at M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray,IAMC, Clerk-Treasurer
Prepared by Steven D. Hardin, Baker & Daniels, 600 E. 96th Street, Suite 600, Indianapolis, 1N
46240 (317) 569-9600
BDDB01 5413830v 1
2
Exhibit "A"
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 of
the North Meridian Heights Subdivision, Section 1 as recorded in the Hamilton County
Recorder's Offtce on March 2, 1959 and filed in Plat Book 2, Pages 130 and 131;
also
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;
also
Apart of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, located in Clay
Township, Hamilton County, Indiana, being described as follows:
Commencing at the 5/8" iron rod at the southwest corner 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 on and along the south 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 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;
also
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 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 OS 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;
also
3
BDDBO] 5413830v1
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 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 OS minutes a distance of
250.0 feet to a point; thence westwardly 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 of land, a distance of 250.00 feet to the place of beginning;
also
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 corner 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 Ol degrees OS 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.C. 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 Ol degree and 57 minutes; thence West 173.95
feet; thence South O1 degree OS minutes West 375.78 feet to the place of beginning,
containing 1.62 acres, more or less;
also
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:
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 Line 100.00 feet; thence Northwardly 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 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:
Beginning at the Southwest comer 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 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
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6DDf301 5413830v1
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 lefr in an
Easterly direction and parallel with the South line of said Northeast quarter 100.0 feet to the
place of beginning.
BDDBOI 5413830v1
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CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF BROWNING ASSOCIATES, LLC
TO REZONE PROPERTY LOCATED
AT 131sT STREET AND CATHERINE DRIVE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE Z-522-08
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. 08060017 Z)
of Browning Associates, LLC, petitioning the Commission for a favorable recommendation to rezone
approximately 27.37 acres located at 131x` Street and Catherine Drive, from S-2/Residence to OM/MU-Old
Meridian Mixed Useand B-6/Business zoning classifications within the US 31 Overlay.
The Carmel Plan Commission's recommendation at the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting on September 16, 2008, the Carmel Plan Commission voted nine (9) in
Favor, zero (0) Opposed, zero (0) Abstaining to forward to the Common Council the proposed Ordinance
Z-522-08 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 Council has ninety (90) days to act on this petition before it becomes effective as Certified
by the Commission. Ninety days from the date of this Certification (September 22, 2008) is Sunday,
December 21, 2008.
AT ~~ ST:
Ramona Hancock„Secretary
Carmel Plan Commission
Dated: September 22, 2008
ZUUS-0918; Z-5?2-U8 NorthMeridiahHeightsRezone PC Certification
CARMEL PLAN COMMISSION
BY: ~
Leo Dierckman, Preside
N
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IV
IV
AMENDED PETITION TO CHANGE THE OFFICIAL ZONING MAP ~~Ejy.,,,_
INCORPORATEDBYREFIItII~iCEIIdPO'Q-IEGARIYffi/Q.AY7A.~ID~GORDINANCE t'tIV+E(J
-REZONE APPLICATION - All(- 2 J ?PI18
$825.00 plus $114.50 per acre DQ '(~
(PUll $2,675.00, plus $114.50 per acre)
Date: Aualtst 27. 2008
Docket No.: 08060017 Z (Amendedl
• Name of Owner: See attached Parcel Owner Table Phone No.: See Attached List
Owner's Address: See attached Parcel Qwner Table Fax No. See Attached List
City, State, ZIP See attached Parcel Owner Table
• Contact Person Name and Company: Browning Associates. LLC c/o Steven D. Hardin. Attorney at Law, Baker &
Daniels LLC
Contact Person Phone, Fax, Email: Ph. (3171569-4833: Fax (3171569-4800: E-Mail - Steve hardin(a~bakerd corn
Contact Person Address: 600 East 96t° Street. Stc. 600. Indianapolis, IN 46240
• Record of Ownership: Deed Book: Page: Purchase Date:
• Legal Description (Use additional page(s) if necessary): See Legal Description ataached as Exhibit A.
• Common Address of Property Involved (or General Description if no Address Exists):
1202 -1309 Lynne Drive, l -145 Catherine Drive,1210 -1301 Vivian Drive, and 108 -135 Sonna Drive. 1230 -1328 Main
Street CarmeLIndiana 46032
• Tax Parcel ID Nos: See attached Parcel Owner Table
• Proposed Zoning Change: From the S-2 / US 31 Overlay District to the B-6 / US 31 Overlay and the OM/MU
District, for the property shown outlined in red ott the map attached hereto, which is made a part of this petition.
• Statement of compliance with the CarmeUClay Comprehensive Plan (use additional pages if necessary):
The site is located within the US 31 Comdor sub-set of the Regional Commercial /Employment Area
recommendation of the current Carmel /Clay Township Comprehensive Land Use Plan, The cumnt primary ox
tmderlying zoning classification for the site is S-2, which provides for single family development. Ilawever, the site
is also located in the US 31 Comdor Overlay District which prohibits further residential development- Therefore,
the site must be rezoned to accommodate future development. The requested rezoning of the nortltem portion of the
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 CaxrrleUClay 2020
Vision plan recommendations. The requested rezoning of the southern portion of the site to the OM/MU
classification would allow far a combination of uses to complitnent 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.
BDD801 5304297v2 ~ ~ ~~
AFFIDAVIT
(1/We), being duly sworn, depose and say that the* (I/We) (am/aze) the owner of Fifty Percent (SO%) or more of the
property involved in this application and that the foregoing signatures, statentenis, and answers herein contained and the
information herewith submitted aze in all respects true and correct to the best of my lmowledgc and belief.
"The undersigned has been authorized to file the Rezoning Application by Browning Associates, LLC
BROWNING ASSOCIATES, LLC
By:
6100 West 96th Street. Suite 250
Address
Indianapolis. IN 46278
City, State, Zip Code
Date: August 27.2008
Printed- Steven D. Hazdia Psq_
Attorney for Browning Associates, LLC
The applicant correspondent or agent (if diffeieni from owner or owners):
Steven D. Hazdin, Agent
Baker & Daniels LLC
600 East 96'" Street, Suite 600
Indianapolis, Indiana 46240
Phone: 317-569-0833
Fax: 317-569-4800
State oflndiana )
S5:
CountyofHamilton 1
Before me the undersigned, a Notary Public for Hamilton County, State of Indiana, personally appeared Steven D. Hardm.
as A[torneX for Browning_Associates. LLC and acknowledged the execution otthe foregoing instrument this 27th day of
Aueust•2008.
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(printe or typed) '•.~
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Mycommissionexpires: ~~1~~~
BDDBOI 5304297v2
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EXHIBIT A `,~, ~~~
LEGAL DESCRIPTION
Lots 1, 2A, 2B, 3, 4, 5, 6, 7, 8, 9,10,11,12,13,10.,15,16,17, 18,19, 20, 21, 22, 23, and 24 of the North Meridian 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);
also
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 Seetian 2);
also
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:
Commencing at the 518" iron rod at the southwest corner of the Northeast Quarter of Section 26, Township 18 North,
Range 3 East; thence north 90 degrees 00 minutes 00 seconds east (assumed bearhtg) 1143.82 feet on and along the south
line of said Northeast Qttarter to tnag 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 Sine of said Northeast Quarter to a znag nail; thence north 00 degrees 55
minutes OU seconds east 250.00 fcet to an 5/8° iron rod with yellow cap stamped Miller Surveying; thence north 90
degrees QO 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 Millet 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 9D 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;
also
Part of the South Half of the Northeast quarter of Section 26, Township SS North, Range 3 East in Hamilton County,
Indiana, more particulazly described as follows:
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, rim thence East along and with said south line 100.00 feet; thence aorthwardly deflecting left 89 degrees
OS minutes a distance of 254.00 feet; thence westwazdly parallel to the south line of the aforesaid south half quarter
section 100.00 feet; thence southwardly 250.00 feel to the place of beginning;
also
Part of the Soutlt Half of the Northeast Quarter of Section 26, Township 18 Nord, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
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, tun thence east along and with said South line 134.00 feet to a point; thence northwazdly deflecting left
89 degrees OS minutes a distance of 250.0 feet to a point thence westwardly parallel to the South line of said South Half
Quarter Section, a distance of 134.00 feet to a point; thence southwazdly, pazallel to dte East line of the within described
tract of land, a distance of 250.00 feet to the place of beginning;
also
BDDBOI 5304297v2
®~Y
' 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 fee[ Easi 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
ii aforesaid South line 190.00 feet; thence North Ol degrees OS 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 Lett, 108.29 feet through a central angle of 12
I degrees 38 minutes to a P.RC. cotnmon to said curve and a curve to the right with a radius of 541.18 feet; thence
~I Northerly on and along said curve [o the right, 18.47 feet through a central angle of Ol degree and 57 minutes; thence
' West 173.95 feet; thence South Ol degree OS minutes Wcst 375.78 feet to the place of beginning, containing 1.62 acres,
more or less;
also
Part of the South half of the Northeast Quarter of Section Twenty-Six (26), Township Eighteen (18) North, Range three
(3) East, in Hamilron County, Indiana, more particularly described as follows:
Beginner 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 of 250.00 Feet; thence: east parallel ro south line of aforesaid Quarter Section
~ 100.00 feet; thence South parallel to the West line of the within described tract 250.D0-feet to the place of beginning.
~ 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:
Beginning at the Southwest comer of the Northeast Quarter of Section 26, Township 1 B Nordt, Range 3 east; thence East
on and along the South line of said Northeast Quarter 17]7.29 feet to the Southwest corner of North Meridian Heights,
First Section; thence deflecting 69 degrees 07 minutes to the left in a Northerly duecfion on and along the West line of
said North Meridian Heights, First Section 250.0 feet to We 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 duection and on and along the South line of Lots
#23 and #24 in said North Meridian Heights, First Section, parallel with the South Ene of said Northeast quarter 100.0
feet; thence deflecting 89 degrees 07 minutes to the left in a Southerly direction 100.0 feet; thence.detleMing 90 degees
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.
BDDB01 530a297v2