HomeMy WebLinkAboutApplicationPage 1 of 2
Conn, Angelina V
From: Conri, Angelina V W t?eY~Z ~' ~'~L~}I+te11111.GO w1
Sent: Wednesday, August 27, 2008 8:52 AM J J U d~ ~ Q ~Y ~-S ~ic'
To: Stewart, Lisa M;'CDG Consulting Inc.`,'bgalvin@dorahotels.com' r ~ 2c~ I- ~j5OO
Cc: Coy, Sue E; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B; Littlejohn,
David W; DeVore, Laura B; Lillard, Sarah N; Holmes, Christine B; 'jmolitor@prodigy.net'; Boone, Rachel M
Tingley, Connie S; Duncan, Gary R; Redden, Nick; Weddington, Trudy A.; 'John Molitor'; Barnes, David R
Subject: Docket No. Assignment: (ADCs) Hotel Indigo (#08080020 ADLS)
I have issued the necessary Docket Number for (ADLS) Hotel Indigo. It will be the following:
Docket No. 08080020 ADLS: Hotel Indigo
The applicant seeks design approval far a 5-story hotel building. The site is located northeast of 131st St. & US 31 and is zoned B-
6/Business within the US 31 Overlay.
Filed by Jay Gibson of CDG Consulting, Inc.
ADLS A lication Fee: $860.00
Total Fee: $860.00
Petitioner, please note the following:
1. This item will be on the September 17 agenda of the Technical Advisory Committee (TAC). The petitioner must submit plans
and review materials to all TAC members directly by August 22. (Failure to submit plans and review materials to TAC members
by this time will result in the tabling of this petition to the October TAC meeting, and subsequently the November Plan
Commission meeting. For a list of current TAC members go to: http://www.ci.carmel.in.us/services/DOCS/TAC2008/TAC%
20members%20revised%2004.24.2008.bdf ). A representative must be present.
2. Mailed and Published Public Notice does not need to occur.
:i. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no
later than NOON, Friday, October 10.
4. Proof of Notice is not required.
5. This item will appear on the October 21 agenda of the Plan Commission (under "New Business'). A representative must be
present.
6. This item might also appear on the Thursday, October 30 agenda of the Plan Commission Special Studies Committee. A
representative must be present.
Mr. Jay Gibson, project engineer, can be contacted at 317-339-1482.
Mr. Bill Galvin, applicant, can be contacted at 317-829-1865.
-- - -
~~ Please add Docket No. 08080020 ADLS to the plans
2. Provide a soils map.
ty-~. PJease shift and rotate the building slightly, to better sit along the 90-ft Build to Line along US 31.
A'! Contact the city forester, Scott Brewer, for funher discussion about the landscape plan and tree preservation
requirements.
~vfl.' Please add the planting details to the landscape plan.-
~6. Show/label the required plantings along the entry drive.
wV~'7.. Show/label the 30-ft wide greenbelt along US 31.
p1t^-i?,. Show/label the 5-ft wide planting areas around the whole parking area.
o~t-°9.- Show more plantings/planting areas surrounding the building base.
't6' Please plant more trees within the parking lot and near the area where the 5-ft wide walk cuts through the parking lot.
~(-fir Label the building width and length on the site plan.
'fR Show the mechanical equipment location and how it is screened from view.
33. Provide the curb and pavement details and specs.
`44. Is there a roof on the trash dumpster enclosure? The US 31 Overlay, Section 236.16, requires this.
Is the trash dumpster integrated into the building design? If not, please show/label it on the site plan.
aE. Show/label the truck loading area and tuck maneuvering on site.
~ Will there be any additional signage, off-site, such as on amulti-tenant ground sign near the roundabout? If so, please
provide details. This might require BZA variance approval for an off-premise sign.
18. Please provide more info on the signage locations, colors, materials, details, and specs. You are only permitted 100 sq ft
of wall/ground signage facing west and 90 sq ft facing south, but signs less than 3 sf can be considered exempt. (BZA
variance approval may be required for the tota num er o signs, total sign square footage, sign not facing a public road,
and/or number of signs facing one frontage.)
8/27/2008
Page 2 of 2
1Q~ Is the renewable sign to be considered public art? Please provide more detaT6n how the renewable sign will look and
what material it is made of.
2B. Please provide a copy of the drainage calculations.
Provide the INDOT road improvement proposals on the site plan or on a separate exhibit. See:
htto://us31 hamiltoncounty.in.gov/st131.html
'~°S, Please provide copies of your correspondence with TAC members.
ptC~3. Additional comments may be voiced at the TAC meeting.
'b4, Please provide digital copies of the site plan and building elevations, as pdf files.
Bring material/color samples to the Plan Commission meeting.
~~ Please provide color building elevations.
Provide photo examples of existing similar Hotel Indigo buildings.
EIFS is not a permitted building material in the Overlay District. Variance approval from the BZA will be required to allow
~,~~`~ this.
~~~ If you must use EIFS, Please do not use it within the first 3-ft of the ground level, for durability reasons.
Please f Wish the backsides of the parapets.
Provide a perspective computer-generated view from US 31, especially the view in relation to the rooftop, to show sight
lines.
5:- Show bicycle parking location and' ike rack detai s.
~3! Please revise the lighting plan; parking lot lighting shall not exceed 0.3 foot candles at the property lines.
3'3`' Provide the parking pole light design details/specs.
"95~ Provide the wall sconce and security lighting design details and specs.
'3'6" Provide the landscape lighting (if any), details and specs.
~'3~: Please consider using LEED or'green' building practices, such as a white roof or solar panels.
ck_38, Please consider using pervious pavers in all or part of the parking area.
•39- Show the mechanical equipment location and haw it is screened from view.
~49- The percent of the gross floor area used for a Full Service Hotel Use will probably not be regulated by Section
23B.05.03. (I am currently trying to verify this.)
~-}- Please label the easements on the site plan and landscape plan. Also, show/label the utility mains and connections on
the site.
Ems`-43~ Show/label the 15-ft side yard setbacks.
Per Chapter 236.08.05, please provide your Ground Floor Areas for the 1 st and 2nd Floors. The 1st floor maximum is
40% and the 2nd floor max is 35%.
~~4+4. Please provide your lot cover percentage; the lot cover required is less than or equal to 65%, and this includes pavement
and building footprint.
`~ In your parking summary, you must add 1 parking space per employee of the largest shift, in addition to the meeting
AEA space and hotel room parking space requirements.
BZA: variance approval will be re wired for the reduction of required parking spaces. Or, just show that you will have a
recorded parking agreement for ared parking ith an adjacent property, or possibly provide underground parking or a
parking structure.
Thank you,
Angie Conn, Planning Administrator
Dept. of Community Services (DOGS) -Planning & Zoning
1 Civic Square, 3rd Floor
City of Carmel, IN 46032
p. 317-571-2417 f. 317-571-2426
aconn@carmel.in.gov
8/27/2008
i - Faz: 317. 8'/ti-/699 I
- Cell: 317-339-1482
i ~ Email: cdginc@sbcglobal.net j
,..~-
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ADLS/ADLS AMENDMENT APPLICATION
(ARCHITECTURAL DESIGN, LIGHTING/LANDSCAPING, and SIGNAGEI RECEIVED
ADLS Fee: $860 (plus $114.50/acre when not accompanied by a Development Plan _ .) AUG ~?'006
ADLS AMEND Fees: Sign only: $285, plus $57/sign; ®DDS
Building/Site: $572.50, plus $57/acre
(Note: foes are due after the application has received a docket number, and not before/) c~ e~ ~/~J ~ ~ ~'
Date: A~ , r . - ~ 8 Docket No. `J Ti O b ~ Z Q A
xx ADLS
Name of
Project: _
Type of Commercial/Business ''AA
Project: 5-Story 104 Room Hotel IAJifVI 1-
O G- Cp~t2V2Y1tC.
c~G.c1L
Project
Address: (Formerly) 1440 W. Main Street, Carmel, IN
ProjectPareelID#: 17 _ 09 _ 26 _ 00__ 00 _ 004_ 101_
Legal Description: (please use separate sheet and attach) ~r r` G~C,Y~S
Name of
Applicant: Dykstra Building Corporation (Jay Gibson-Agent)
Applicant Address: 8465 Keystone Crossing, Indpls, IN
Contact Person: Bill Galvin Phone: 317.829.1865
Fax No. 317.466.0897 Email: bgalvin@dorahotels.com
Name of North Penn Hotel
Landowner: Partners, LLC
Landowner Address: 9904 North
DP Attached
Hotel Indigo
Plot Size: 3.18 Ac
Present Use
of Property: Vacant land
ADLS Amend
Previous DP? Yes No ~
Phone: 317.577.8888
Northeast Blvd., Fishers, IN 46037
Zoning Classification: B6
devised ~xrzormor a~~: nvusa~nnrsnnmr+u.nrrzoos.ao~
Y~ZOh~~ ~/~ \
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Proposed Use of Property: 104 room 5 story hotel
New Construction? Yes x No New/Revised Sign? Yes x No
Remodeled Construction?: Yes No % New Parking? Yes % No
New Landscaping? Yes x No
P G
No. of Spaces Provided: 117
No. Spaces Required: 134
Type of Building: masonry No. of Buildings: i
Squ~Foo~e:19162 Height 65'-4" No. of Stories 5
SFIS/Brick
Exterior Materials: limestone Coors; light/dk SFIS - see samples
Maximum No.ofT~ants:3oo +/- Type of Uses: short stay hotel
Water by: Carmel Util. Sewer by: Carmel util.
LIGHTING
Type ofFixttue:xorix. lamp Height ofFixttue:2s' (25' pole, 3' base)
3-double head -~
No. of Fixtures: 6-single head Additional Lightin :wall mnt. ~ exit doors ~
s Plans to be submitted showing Foot-candle spreads atproper[y lines, pert o
LANDSCAPING
s Engineered Plmrs to be submitted showing plant types, sizes, and locations
No. of Signs:_ 3-1g.6-sm-
SIGNAGE
Type of Signs: wail mount
Iarge--1 ea. Fr~-t, rear, e.side, small -front elevatio[-
Dimensions of eachsitat: 2 ~ 24'x" 11.5'1@10.5'x6.75', 6~ 12.5'x1.25'
Square Footage of each sign: z ~ 276 ~, 1 ~ 71 sf 6 ~ 16 s f
Total Height of each sign: 2 @ 11.5' , 1 ~ 6.75' , 6 ~ 1.25'
xoo~ea ivzazoo~
fileoeme: ADL3 & ADLS A~ffiiD.APP N108.doc
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2
AFFIDAVIT
I the undersigned, to the best of my lmowledge and belief, submit the above
information as true and correct.
Signature of
Applicant: ~~ ~~~ Title: Principal
Jay B. Gibson
August 22, 2008
(Print)
t*xssst*sssssss~:~txst:ts*ssssrsss*sasssssxsks
State of Indiana,
SS:
County of ,~cx~~n~
Before me the undersigned, a Notary Public for ~ a 1 o w County,
State of Indiana, personally appeared .,1aY . ~, s <, ar and aclmowledged the
execution of the foregoing instrument this 2 Z "= day of M9L u S'~ , 20~
A'Iy Commission Expires: ~-rFw• j3cx 'U zo; L
Notary Public
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STACYL.ANDERSON
_ ~,W r~f:= Notary Public
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' _ SEAL
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State oflndiana
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z , ` ~ ` My Commission Expires September2l, 2012
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Revised. 17120/2007 filemme: ADIS & ADLS AMQJD.APP 2008.Uoc 3
LECAL BESCRIPTIOId ° TRACT 1 (Subject Parcel)
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 26:
THENCE NORTH 00 DEGREES 09 MINUTES 11 SECONDS WEST (ASSUMED BEARING) ALONG THE WEST LINE
OF SAID NORHEAST QUARTER 565.73 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING NORTH
00 DEGREES 09 MINUTES 115ECONDS WEST ALONG SAID WEST LINE 147.16 FEET TO THE SOUTHERN
LIMITED ACCESS RIGHT OF WAY OF U.S. 31 PER STATE HIGHWAY PLANS, PROJECT N0. ST-F-222(9)
AND ANON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2146.83 FEET, THE RADIUS POINT OF
WHICH BEARS SOUTH 47 DEGREES 02 MINUTES 47 SECONDS EAST: THENCE NORTHEASTERLY ALONG
SAID CURVE 467.83 FEET TO THE NORTHERLY EXTENSION OF THE WEST LIME OF LAND DESCRIBED IN
INSTRUMENT NO. 200400024404, RECORDED IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY,
INDIANA AND A POINT WHICH BEARS NORTH 34 DEGREES 33 MINUTES 38 SECONDS WEST FROM SAID
RADIUS POINT: THENCE SOUTH 01 DEGREES 12 MINUTES 11 SECONDS EAST ALONG SAID NORTHERLY
EXTENSION 451.15 FEET TO ANON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 102.57 FEET,
THE RADIUS POINT OF A POINT WHICH BEARS SOUTH 20 DEGREES 49 MINUTES 49 SECONDS EAST:
THENCE SOUTHWESTERLY ALONG SAID CURVE 18.06 FEET TO A POINT WHICH BEARS NORTH 30 DEGREES
54 MINUTES 59 SECONDS WEST FROM SAID RADIUS POINT: THENCE SOUTH 60 DEGREES 56 MINUTES
58 SECONDS WEST 200.38 FEET TO ANON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
456.95 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 29 DEGREES 07 MINUTES 32 SECONDS EAST:
THENCE SOUTHWESTERLY ALONG SAID CURVE 53.05 FEET TO A POINT WHICH SEARS NORTH 35 DEGREES
46 MINTUES 38 SECONDS WEST FROM SAID RADIUS POINT: THENCE NORTH 43 DEGREES 39 MINUTES
57 SECONDS WEST 183.03 FEET TO THE POINT OF BEGINNING, CONTAINING 3.108 ACRES, MORE OR
LESS.
SUBJECT TO ALL LEGAL EASEMENTS, RIGHTS OF WAY, AND RESTRICTIONS OF RECORD.
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liidigo Zoning
Carmel Traits
Bike Loop
~- ° North South Bike Route
- West East Bike Route
Crime Watch
CW 080508
n CW 080308
f~ CW 072908
!1 CW 072708
n CW 072408
Roads
-- Interstate
US Highway
°~°°~ Major Roads
SCALE 1:11,341
soo o soo ~,ooa ,soo
FEET
ittp://gis.carmei.in.gov/map/carmel.mwf
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Saturday, August 16, 2008 10:33 AM
Page 1 of 1
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STATEMENT OF COMMITMENT'S
In accordance with LC. 36-7-4-613, the owner of the real estate located in Hamilton County,
Indiana, which is described in attached Exlilbit A, makes the following commitments concerning
the use and development of that parcel of real estate:
1. Owner shall provide either an executed shared pazking agreement to the bepartment of
Community Services prior to applying for permits or shall obtain a parking variance.
2. Owner shall obtain approval of final construction documents by the Department of
Engineering prior to applying for permits.
3. Due to tree removal on the subject site by a second party, a revised tree
preservation/mitigationpian, prepared by said second party, shall be approved by the
City Forester prior to-the owner applying for permits.
4. All signs shall be reviewed and approved by the Special Studies Committee a$er the sign
variances are granted by the Board of Zoning Appeals.
These commitments shall be binding on the owner, subsequent owners of the real estate and
other persons acquiring an interest therein. These commitments may be modified or terminated
by a decision of the Carmel Plan Commission made at a public fiearing after proper notice has
been given.
Commitments contained in this instrtunent shall be effective upon the adoption of approval
petition # 08080020 ADLS by the Carmel Plan Commission and shall continue in effect for as
long as the described parcel of real estate remains zoned to the B-6 zoning classificafion or until
such other time as maybe specified herein.
These commitments maybe enforced by the Carmel Plan Commission.
The undersigned hereby authorizes the Department of Community Services to record this
eominitinenf in the office of the Recorder of Hamilton County, Indiana, upon final approval of
petifion #08080020 ADLS.
In witness whereof; caner has executed this instnunent this _ day of March, 2009.
Sighaturei
Printed: Timothy J. Dora, Member, North Penn Hotel Partners LLC
STATE OF INDIANA )
SS:
COUNTY OF MARION )
Before. me, a Notary Public in and for said County and State, personally appeared
Timothy J. Dora, owner of the real estate who acknowledged the execution of the foregoing
instrument and who, having been duly sworn, stated that any representations therein contained
aze true.
Witness my hand and Notarial Seal this _ day of Mazch, 2009.
Notary Public
Printed Name of Notary Public
My Commission expires:
My County of residence:
This instnmient was prepared by Stephen D. Meazs, Attorney.
_~: ,
T+,xfiibiC r1
LEGAL. DESCRTPTIQN
Part of the ;Northessf ~parteY~ .of Se¢hon 26,; Towa.$hip 18 :North, ;Range, :3 ,]rest"in Hamilton
County;,Indiana;~iore parucularly~describeda~ follows;-
CotnnzencingaG
DO iegrees 09 rii
TVesf (assumei
of
line
North
segands W,e~t alozig'aaid West' line:-I47:1.
U:S, 3:1 pec state highway plags. Proje6t
1:1
nf•
:haying a radius of~1~46.$3 feet;aite radius. point. of whch liears:South 47 degrees d2 ziiinntes,47
seconds East; thenceNorflzeasterly alopg.said curve 46;7;83 feet'to: ifie XVo~tlserl~' extension o£ the.
West Ime. of land descnbed iti'Instrument'Na, 20040002MJ04; recorded in the QffiCB''of`tlyd
'Itecoxder of,'FIamilYbn Lnounty, Indiana anii a point wlvah bears Nvrtlt •34degrees 33 minates.'38'
seG4,nds ~1est frbm setd'raduls poinf; thegCe 5nuth 0;i, degrees! 12 riimuzes:I l:seconds East.nlong,
;said Northerly exteaslott 4~1 j5• feat to a:noir-tengeut CUrva td thd:;lef? liayirig a adius:of 102:57'
'feet, the radhts point: of which boars Sou#li ,2b degrees 4~: nupntes 4~ :se. cpnds; East; '#hentle:
5authwesteily alongsaid ettiye'18:06 feetitaapnint wltichbears Npr[Ii ~0 degrees 54` utiqutes'S9~
ecbads YJest from said radnts: pQmt; thence Soutff 60 degrees 56 minutes 58 seconds ~7Vest
~QQ,38 feet-fb_ a non tangent c»rye to °the (eft, $avmg aaadtus of 4S6 45 feeQ .tiie:radius' point of
aahich bears Soutlr 29'~ degrees tl7 mtnufgs:32 Sectinds[EaSt,_ thejYCe Soutfiwesterly:alcrig:said'
~ourve 53:05 feetfo a point which bears North ~S.degcees 4¢;mirtgtes a8 seconds West;ffomsad.
ra~iUspgint;;thenceNoi31z43 degrees39'.minutes>57se~onds West,183,03 feet.to'thePointo
HegtIInmg,icoatainmg'3IOSacres, iizore o"r less:.
onun6rsmuwi :~ 3 `:
~l~_2~~
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Spmtsor: Councilor Sharp
ORDINANCE Z-512-07
At1T ORDINANCE OF THE C01111110N COUNCIL OF TFIE
CITY OF CARMEL, INDIANA
An Ordinmtce limiting Cultural & Entertainment Uses Fn the US 31 Corridor Overlay Zone
WHEREAS, pursuant to the Advisory Planning Law of the State oFIndiana (contained in
1C 36-7-4), each unit of local ,government that wishes to adopt ]and use and zonitig ordinances
must first approve by resolution a comprehensive plan for the geographic area over which it has
jurisdiction; and
WHEREAS, the.2020 Vision Comptehensive Pian (the "`Comprehensive Plan") Docket
No. 16-96 CP was given a favorable recommendation 'by the Carmel/Clay Advisory Plan
Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the
Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of
the City of Carmel and Clay Township; and
WHEREAS, the City wishes'to maintain an orderly, cmtsistent ahd streamlined Zoning
Ordinance; and
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized [o
amend the text of the.zoning ordinance;: and
WHEREAS; pursuant to Indiana Code 36-7-4-610.anii City of Carmel Ordinance No. D=
1600-02, the Carmel Zohing'and Subdivision Control Ordinances are incorporated by reference
into the Carmel City Code;
NOV-+, THEREFORE, BE IT ORDAINED by the. Common Council of the City of
Cannel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 07090002 OA
having received a favorable recommendatioh from the Carmel Advisory Plan Commission on
Tuesday, October 16, 2007, it hereby adopts this Ordihance to amend the Carmel Zoning
Ordinance (Ordinance No. Z=289, as amended), as amended, to read as follows:
Section I:
ZO CHAPTER 23B: U.S. HIGHWAY`3LCORRIDOROVERLAY ZONE
a. Amend Section 238.05 to read:
236.05
236.05.01 Excluded Uses: See Appeud(r.4: Schedule ojUses.
23B.05.03 Retail & Service Uses:
Retail and service uses maybe included in one ar more buildings witlvn a DP, subject to the
fallowing:
A. Retail and service uses may comprise up to:
(I) Fifteen percenP(1 S%) of the Gross Floor Area (GFA) of any building; or,
rvo9noo~
Oroinance 7.-512-a7
1
(2) Up [o thirty percent (30%) of the GFA of one building maybe retail and service
uses, provided that:
(a) Total square footage of retail and service uses designated in the
development plan does not exceed fifteen percent (1 ~%) of the GFA of
all buildings combined; or,
(b) Retail and service-uses overfitteen percent (15%) of the GFA of any
one building be Located on the ground floor or below bRade.
B. The Commission may grant a waiver to allowret5il and service uses to 6e located on
floors other than growrd or below-grade, ptvsuenl to the criteria found in Sectiw~
23B.02(G).
238.05.03 Cultural & Enteriainmen[ Uses:
Cultural and Enterainmenl uses'may be included in one or niorebuildings within a DP, subject to
the fallowing:
A. Cultural and Emertaitunettt Uses may comprise up to:
(I) FiReen percent (15%) of the Gross Floor Area (CFA) of anybuilding; or,
(2) Up to thirty percent (30%) of the GFA of one building may be Cultural and
Entertainment Uses,~provided that:
(a) Total square footage of Cultural and Entertairunent Uses designated in
the development plan does not exceed fifteen pzrcent (15%) of the
GFA of all buildings-combined; or,
(b) Culnvaf and entertainment Uses over fifteen percent(15.%) of [he CFA.
of any one building be located on the ground floor or below grade.
I3, The. Commission may grant a waiver to allow cultutal and enterainment uses to be
located on floors other than groun8 or below-grade, pursuam to the criteria found in
Sec»on 298.01(G).
i vosnoo7
Ordinance Z-512-07
2
Section I1: All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Section Ill: This Ordinance shall be in fill force and effect from and after its passage and
signing by the Niayor.
Ordinance X512-07 PASSF,D by the Common Council of the City of Carntel, Indiana ttiis
/7~ day of~~tc.C~Y~arr~t „ 2007, by a vote of 10 ayes and Z~ nays.
COMMON COUNCIL R'THE CITY OF CARMEL
-. ~t oT p,~ ~S c NT
siding Officer Kevin Kirby
Mark Rattelmann
W. Eric Seid sticker
Richard .8haip
ATTEST:
~~
Diana L. Cordray, IAMC, Clerk-Tre Irer
1 va~noo7
OrJinance Z-512-07
3
Fredr c J. Glase-
Ordinance 7.-512-07 Presented by me'to the Mayor of the City of Carmel, Indiana this
II l~"day of~~, 2007, at ~' ato P.M.
lv~
Diana L. Cordray, IAMC, Clerk-T a urer
Ordinance ~5]Z-07 Approved by me, Mayor of the City of Carrtrel; Indiana, this I ~~
day of~mQx/t , 2007, at 7~•O(o P .M,
mes Brainard, Mayor
ATTEST`.
Diana L. Cotdray,lAMC, Clerk-Tre urer
Pi'epared•by: John R. Molitor
CarmelPlan Commission Attorney
One Civic Square
Carmcl,IN 46032
nrosn_oo~
O~dinantt Z-512-07
4
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE Z-512-07
An Ordinance to Amend Chapter 23B: US Highway 31 Condor Overlay Zone:of the Zoning
Ordinance
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Advisory Plan Commission offers you the following- report on the application to the
Commission' (Docket No. 07090002 OA) to Amend Chapter 23B: US Highway 31 Corridor Overlay
'Lone in order to limit hotel and other cultural/entertainment land uses.
The Cannel Advisory Plan Commission's recommendation on the petition is.FAVORABLF,.
At its regular meeting on October 1G,.2007 the Commission voted eight (8) in Favor, one (1) Opposed
(Eric Seidensticker), zero (0) Abstaihing, to forward to the Common Council the proposed Ordinance 2-
512-07 with a Favorable Recommendation.
Please be advised that by virtue of the Commission's favorable Recommendation, pursuant to.IC 36-7-4-
607(e)(3), 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 the original Certification (October 23, 2007) is Sunday,
January 20,.2008.
A SST:
R ono Hancock, Secretary
Carmel Advisory Plan Commission
Dated: October 33, 2007
CARMEL PI•AN COMMISS N
c
BY~
Leo Dierclcman, President C~
2007-1018;,%-512-07; US 31 Overlay Amend PC Certification
Recei'vecl
OCT 2 2 2001
GrnnM
Clrrk.7rerrsurer
. ~~ ,~°~
,~Q~
~9
Sponsor: Councilor Kevin J. Kirby
Ordinance No. Z-505-07
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
CARMEL, INDIANA TO REZONE PROPERTY FROM OM/SU AND S2
WITHIN THE US 31 OVERLAY TO B6 WITHIN THE US 31 OVERLAY
Rezoning of 21.086 acres located on the northeast corner ojthe intersection of Wesl Main Street
and U S 31 (also kno>7m as Meridian Street)
from the OM/SU and Sl Distric[ Classiftcations within the US 31 Overlay District Classlfrcatian
to the
B6 District Classification within the US 31 Overlay District Classifrcation
WHEREAS, I.C. 36-7-4, et sec .., empowers the Carmel Plan Commission to hold
public hearings and make recommendations to the Common Council of the City of Carmel,
Indiana concerning ordinances for the zoning or districting of lands within the incorporated areas
of the City of Carme{; and,
WHEREAS, the Carmel Plan Commission has conducted a public hearing in
accordance with I.C. 36-7-4, et se ., with respect to a proposal to amend the Carmel Zoning
Ordinance Z-289, as amended, and Zane Map of the City of Carmel, Indiana, and has certified
such proposal to the Common Council of the City of Carmel with a favorable recommendation:
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City
of Carmel, Indiana, pursuant to LC. § 36-7.4 et sea., as an amendment to the Carmel Zoning
Ordinance, as follows:
Section 1. Applicability of Ordinance
Pursuant to Carmel Plan Commission Docket No. 07020012 Z, the Official
Zoning Map of the City of Carmel, as part of the Carmel Zoning Ordinance, is hereby changed to
designate the land described in Exhibit "A" (the "Real Estate"), and depicted in Exhibit "B", as a
B6 District Classification within the US 31 Overlay District Classification.
Section 2. Severability
If any section of this Ordinance shall be held invalid by a court of competent
jurisdiction, i[s invalidity shall not affect any other provisions of this Ordinance that can be given
effect without the invalid provision, and for this purpose, the provisions of this Ordinance are
hereby declared to be severable.
aooom a~s~sawi
Section 3. Effective Date
This Ordinance shall be effective upon its adoption by the Common Council of
the City of Carmel, as provided in LC. 36-7-4.
Section 4. Violations of Ordinance
All violations of this Ordinance shall be subject to Section 34.0 of the Cannel
Zoning Ordinance.
4
PASSED by the Common Council of the City of Carmel, Indiana, this / g ~ day of
2007, by a vote of ~_ ayes and V nays.
ing Officer
THE CITY OF CARMEL
Kevi .Kirby
N e ~ PR cS ENT
Brian D. Mayo
1vOT P2~:sENT
Mark Rattermann
Richard L. Sharp
A
Diana L. Cordray, IAMC, Clerk-
COMMON COUNCIL
oooaot a~svsa~„t
,~,~~yO-t.,rdinance No. Z-505-07 Presented by me to the Mayor of the City of Carmel, Indiana
this L day o 2007, at ~ ~ 03 P.M.
Diana L. Cordray,lAMC, Clerk-Tre urer
Ordinance No. X505-07 Approved by me, Mayor of the City of Carmel, Indiana, this
18~ day of 2007, at 8~ 0.3 pM.
es Brainar ,Mayor
ATTEST:
y~~-~~.~
Diana L. Cordray, IAMC, Cle c Treasurer
Prepared by: Joseph M. Scimia
Browning Real Estate Partners Attorney
Baker & Daniels
600 E. 96`h Street, Suite 600
Indianapolis, Indiana 46240
(317) 569-4680 Direct Dial
(317)569-4800 Fax
anneoi au~sa~~ i
Ordinance No. Z-505-07
Exhibit A
LEGAL DESCRIPTION
Parcel I: 17.020 Acre Parcel Description
Part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East in Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Southwest corner of the Northeast Quarter of said Section 26; thence North
00 degrees l4 minutes 28 seconds West (based on a survey by Fink Roberts & Petrie, lnc.,
Project No. 03023) along the West line of said Northeast Quarter 96.29 feet to the proposed
North right of way of 131st Street and the POINT OF BEGINNING; thence continuing North 00
degrees 14 minutes 28 seconds West along said West line 616.06 feet to the Southern Limited
Access Right of Way of U.S. 31 and anon-tangent curve to the right having a radius of 2146.83
feet, the radius point of which bears South 47 degrees 17 minutes 35 seconds East; thence
Northeasterly along said curve 1041.44 feet to a point which bears North 19 degrees 29 minutes
55 seconds West from said radius point; thence North 70 degrees 27 minutes OS seconds East
159.48 feet; [hence North 88 degrees 46 minutes 11 seconds East 30.73 feet; thence Seuth 00
degrees l I minutes 57 seconds East 780.64 feet; thence South 89 degrees 48 minutes 03 seconds
West 609.68 feet; thence South 44 degrees 07 minutes 42 seconds West ]00.33 feet; thence
South Ol degrees 16 minutes 57 seconds East 401.00 feet to the proposed North right of way of
131~t Street (the following two courses are along said North right of way); I) thence South 88
degrees 43 minutes 03 seconds West parallel with the South line of said Northeast Quarter
326.71 feet to anon-tangent curve to the left having a radius of 100.00 feet, the radius point of
which bears South 44 degrees I? minutes 23 seconds West; 2) thence Northwesterly along said
curve 52. I S feet to the POINT OF BEGINNING, which point bears North 14 degrees 24 minutes
45 seconds East from said radius point, containing 17.020 acres, more or less.
Parcel II: 4.066 Acre Parcel Descrintion
Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North,
Range Three (3) East in Hamilton County, Indiana, described as follows:
Beginning at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00
degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereof a distance of
712.35 feet to a point on the easterly limited access right of way line for U.S. Highway 31 (North
Meridian Street), said point being on a curve having a radius of 2146.83 feet, the radius point of
which bears South 47 degrees 16 minutes 28 seconds East; thence southwesterly along the curve
of said right of way line in arc distance of 765.78 feet to a point which bears North 67 degrees 42
minutes 40 seconds West from said radius point; thence continuing along said right of way line
South 54 degrees 45 minutes 59 seconds East a distance of 107.61 feet; thence South 01 degrees
30 minutes 53 seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07
seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the
Beginning Point; containing 4.066 acres, more or less.
4
BDDBOI 4757847v1
Ordinance No. Z-505-07
Exhibit B
1328 - 1440 Main Street West
Proposed Rezone to B-6 / US 31 Overlay
n~i~ooi an~sa~~i
CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF BROWNING REAL ESTATE
& THE CITY OF CARMEL
TO REZONE PROPERTY LOCATED
AT 1328-1440 WEST MAI1Y STREET
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-505-07
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. 07020012 Z)
of Browning Real Estate and the City of Carmel, petitioning the . Commission `for a favorable
recommendation to rezone property located at 1328-1440 West Main S[reet, from OM/SU and S2 within the
US 31 Overlay to BG within the US 31 Overlay to provide for commercial and office uses.
The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE"
At its regularly scheduled meeting on April 17, 2007, the Carmel Plan Commission voted nine (9) In Favor,
zero (0) Opposed, to forward to the Common Council the proposed Ordinance No. Z-505-07 with a
FAVORABLE recommendation.
Please be advised that by virtue of the Plan Commission's•Favorable Recommendation, pursuant to IC 36-7-
4-G08(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 (May 9, 2007) is Monday, July 27, 2007.
CARMEL AN OMMI SION
BY: ~
Leo Dierckman; President
ATT T:
Ra onn Hanc•oek, Secretary
Carmel Plan Commission
Dated: May 9, 2007
2007-0509; 7.-SUS-07 WEST MAIN STREET RLZONf: CERTIFICATION
Rt'CL'lVBc'il
MAY 9 2001
Carmel
Clerk-%'reasurer
o~ -
a
COMMITMENZ'SCONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH A REZONING OF PROPERTY
hi accordance'with LC. 36-7-4-615, and Section 31.06.05 of the Carmel Zoning Ordinance, the
undeisigped, being the Owner(s) of the real estate located in Hamilton County, Indiana, which is
described below, makes the following Commitments to the Common Council of the City of Carme} (the
"CounciP') concerning the use and development of that parcel of Real Estate:
I. Descriprion of Rea[ Estate: ,
See Legal Description attached as Exhibit "A" (the "Real Estate"}.
II. Ordinance Number /Plan Commission Docket Number.
Ordinance Number: Z-505-07 /Plan Commission Docket Number: 07020012 Z
III. Statement of Commitments:
L The total gross square feet of retail uses (as specified in Appendix A: Schedule of Uses of the
Carmel Zoning Ordinance) located on Lot 1 of the Real Estate as generally depicted on the
Preliminary Conceptual Plan attached as Exhibit "B" shall not exceed fifteen percent (15%) of the
total gross floor area to be developed on the Real Estate per approved development plans.
IV. Binding on Successors & Assigns:
These Commitments shall be binding on the owner, subsequent owners of the real estate and
other persons acquiring an interest therein.
V. Effective Date:
Commitments contained in this instrument shall be effective upon the adoption of Ordinance
Number Z-505-07 (Plan Commission Docket Number. 07020012 Z) by the Council changing
the zoning classification of the real estate from a OM/SU 8c S-2 (US 31 Overlay). zoning '
classification to a B-6 (US 31 Overlay) zoning classifccation and shall continue in effect for as
long as the above-described pazcel of real estate remains zoned to the B-6 (US 31 Overlay)
zoning classification or until such other time as may be specified herein.
VI. Moditication•
These Commitments may be modified or terminated only by.a decision made by the Council at a
public hearing after proper notice has been given in accordance with the Council's Rules of
Procedures.
VIT. Enforcement:
'These Commitments maybe enforced by the Common Council of the City of Carmel '
Page I of5 2007044967 MISC 519.00
_08/08/2007 03:29:20P 5 PGS
Jennifer J Hayden
BDDBO14777868vt HRMILTON County Recorder IN ----~
Recorded as Presented
VIII. Recording:
The undersigned hereby authorizes the Secretary of the Council to.record these Commitments in' .
the Office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance
Number Z-505-07 (Plan Commission Docket Number: 07020012 L7 by the Council.
IN WITNESS WHEREOF, owner has executed this instrument this a7~ day of
SIAn r, . 20~P '7__.
By: TV
Printe fh I' 1~
Title•1rICC President- BrouSnit,a TnUPS~meaf~s .InC., the aUiesforperjury;thatlliaVt
~ 7 affirn4 aadce PC11
taken ieasott~blr,eaitiXo redact each Social Seettnty.
numbs innttus dcxGrnent, unl(QJss reyuittd bny law.'
STATE OF INDIANA ) (name^-~`~ "' ~
SS:
COUNTY OF HAMILTON )
.Before me, a Notary Public in and for. said Courity and State, personally appeared
m _< IA J . (rota ni n a ,the t11u Pry siojeit~- of
• !Brown i n~' rn ye<~rn ~ ~"n r ,Owner of the real estate who
. acknowledged the execution of the foregoing instrument and who, having been duly sworn; stated that
any cepreseptationstberein contained are true.,
Witness my hand an-td- Notarial Seal this
a7~-dayof, tuYtPi 20 07
~ ~~
Notary Public
~M2e ~. ~Snel~
Printed Name of Notary Public
My Commission expires: Jgn.uart/ a(¢~o2~f
My County of residence: ~-fen.r~/
BDDB0647TlSb8vI ~ ~ .. ~ ~ ~ ..
- EXIIIBIT "A"
-Legal Description_ .
Parcel L' 17.020 Acre Parcel Description
Part of theNortheast Quarter of Section 26; Township d 8 North, Range 3 East in Hamilton County, .
Indiapa, more pazticulazly described as follows:
Commencing at the Southwest comef of the Northeast Quarter of said Section 26; thence North 00
degrees 14 minutes 28 seconds West (based on a survey by Fink Roberts & Petrie, Inc., Project No.
03023) along the West line of said Northeast Quarter 96.29 feet to the proposed North right of way of
131st Street and the POINT OF BEGINNING; thence continuing North OO degrees 14 minutes 28
seconds West along said West line 616.06 feet to the Southern'Limited Access Right of Way of U.S.'
3'1 and anon-tangent curve to the right haling a radius of 2146.83 feet,-the radius point of which beazs
South 47 degrees 17 minutes 35 seconds East; thence Northeasterly along said curve 1041.44 feet to a
point which bears North I9 degrees 29 minutes 55 seconds West from said radius point; thence North
70 degrees 27 minutes OS seconds East 159.48 feet; thence North 88 degrees 46 minutes 1 I seconds
East 30.73 feet; thence South 00 degrees 11 minutes 57 seconds East 780.64 feet; thence.5outh 89
degrees 48 minutes 03 seconds West 609.68 feet;. thence South 44 degrees 07 minutes 42 seconds West
100.33 feet; thence South Ol degrees.l6 minutes 57 seconds East 401.00 feet to the proposed North
right ofway of 131st Street(the following two courses are along said North right ofway}; 1) thence
.South 88 degrees 43 minutes 03 seconds West parallel with the South line of said Northeast Quarter
326.71 feet to anon-tangent curve to the left having a radius of 100.00 feet, the radius point of which
bears South 44 degrees 17 minutes 23 seconds West; 2) thence Northwesterly along said curve 52.15
feet to the POINT OF BEGINNING; which point bears North 14 degrees 24 minutes 45 seconds East
from said radius point, containing 17.020 acres, more or less.
Parcel II: 4.066 Acre Parcel Description .
Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18}North, Range
Three (3) East in Hamilton.County; Indiana, described as follows:
Beginning at the Southeast comer of the Northwest Quarter of said Section 26; thence North 00
degrees 22 minutes 50 seconds West {assumed bearing). along the east line thereof a distance of 212.35 .
feef to a point on the easterly limited access right of way line for U.S. Highway 31 (North Meridian
Sheet), said point being on a curve having a radius of 2146.83. feet, the radius point of which beazs .
South 47 degrees 16 minutes 28 secondsEast; thence southwesterly along the curve of said right of
way line in azo distance of 765.78 feet to a point which beazs North 67 degrees 42 minutes 40 seconds-
West from said radius point; thence continuing along said right of way line South 54 degrees 45
minutes 59 seconds East a distance of 107.61 feet; thence South Ol degrees 30 minutes 53 seconds
.East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07 seconds East along the-south line
of said Northwest Quarter a distance of 325.87 feeC to the Begimung Point; containing 4.066 acres,
more or less.
Page 4 oj5
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