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HomeMy WebLinkAboutZ-489-06 DEFEATED/Old Meridian SPONSOR: Councilor Glaser ORDINANCE Z-489-06 /' AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARM INDIANA, REZONING DISTRICT CLASSIFICATION Rezoning the property located southwest of the intersection of Main Street and d Meridian Street from Old Meridian/Special Use (OM/SU) and Old Meridian/Single F ily Attached (OM/SFA) to the Old Meridian/Mixed Use (OM/MU) Classific ion. WHEREAS, pursuant to Indiana Code 36-7-4, the Commo Council has lawfully adopted a zoning ordinance, the terms of which are applicable to the eographic area consisting of the incorporated area of the City of Carmel, Indiana, and the incorporated area of Clay Township, Hamilton County, Indiana, which zoning ordinan h b~n modified in Chapter 10 of the Carmel City Code; and ~'1j ~ WHEREAS, pursuant to Indiana Code 36-J~2 e ~mmon Council is authorized to amend the map that is part ofthe zoning ordinanCe; ~ WHEREAS, the Carmel/Clay PI lSSlOn has favorably recommended the rezoning of the Real Estate, the legal de~t 0 of which is attached hereto and incorporated herein by reference as Exhibit A (here et(tH; eal Estate"); NOW, THEREFORE, BYV Carmel, Indiana, as follows: \(.1 Section L That ~nffi al Zoning Map accompanying and made part of the Zoning Ordinance is hereby n~ designate the Real Estate from Old Meridian/Special Use (OM/SU) and Old eridi 'ngle Family Attached (OM/SFA) to Old Meridian/Mixed Use (OM/MU). Council of the City of Section 3 This Ordinance shall be in full force and effect from the and after its ing by the Mayor. prior Ordinances or parts thereof inconsistent with any provision of y repealed. Section 2. this Ordinance are he F~\'-"'O Ordinance No. Z-489-06 Fl.SSEB by the Common Council of the City of Carmel, . na this \ "\~ day of ~ ' -, '_ , 2006, by a vote of '3 ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer o f>fl OS e; () Joseph C. Griffiths oPPose~ Richard L. Sharp, President Pro Tempore o PfoseD Ronald E. o ~pose;-D' ~ Mark Rattermann ATTEST: ~ asurer Presented by me to the Mayor of the ~ , 2006, at II; S'-\ City of Carmel, Indiana the ~O I~ay of o'clock Pr .M. ~iL Diana L. Cordray, IAMC, Clerk Treasu Approved by me, Mayor of the City of Carmel, Indiana, this ,2006, at o'clock .M. day of James Brainard, Mayor easurer This Instrument prepared by: Lawrence J. Kemper NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 EXHIBIT "A" A part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast comer of said Quarter Section; thence South 89 degrees 08 minutes 21 seconds West along the North line of said Quarter Section a distance of 1036.75 feet to the Northwest comer of the real estate described in Instrument No. 1997-32968 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 18 minutes 29 seconds East along the West line of said real estate 279.88 feet to the POINT OF BEGINNING of this description; thence North 89 degrees 08 minutes 21 seconds East parallel with the aforesaid North line 816.39 feet to the centerline of Old Meridian (formerly U.S. Highway 31); thence South 35 degrees 39 minutes 16 seconds West along said centerline 165.27 feet to a point South 35 degrees 39 minutes 16 seconds West 513.50 feet from the intersection of the centerline of Old Meridian and the North line of said Quarter Section; thence South 88 degrees 50 minutes 36 seconds West 374.71 feet; thence South 35 degrees 39 minutes 16 seconds West parallel with the centerline of Old Meridian Street 586.85 feet; thence North 00 degrees 18 minutes 29 seconds West 606.44 feet to the place of beginning, containing 4.231 acres, more or less. AND A part of the North Half of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast comer of said Quarter Section; thence South 89 degrees 08 minutes 21 seconds West along the North line of said Quarter Section a distance of 879.25 feet and the POINT OF BEGINNING of this description; thence South 00 degrees 18 minutes 29 seconds East 279.88 feet the Northeast comer of real estate described in Instrument Number 1996-26849 (Parcel n in the Office of the Recorder, Hamilton County, Indiana; thence South 89 degrees 08 minutes 21 seconds West along said North line 157.50 feet; thence North 00 degrees 18 minutes 29 seconds West 279.88 feet to a point on the North line of said Quarter Section; thence North 89 degrees 08 minutes 21 seconds East along said North line 157.50 feet to the place of beginning, containing 1.012 acres, more or less. AND Part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast comer of said Quarter Section; thence South 89 degrees 08 minutes 21 seconds West along the North line of said Quarter Section a distance of675.75 feet and the POINT OF BEGINNING of this description; thence South 00 degrees 18 minutes 29 seconds East 279.88 feet to the North line of real estate described in Instrument Number 1996-26854 in the Office of the Recorder, Hamilton County, Indiana; thence South 89 degrees 08 minutes 21 seconds West along said North line 203.50 feet to the Northwest comer of said real estate; thence North 00 degrees 18 minutes 29 seconds West 279.88 feet to a point on the North line of said Quarter Section; thence North 89 degrees 08 minutes 21 seconds East along said North line 203.50 feet to the place of beginning, containing 1.307 acres, more or less. CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF CENTEX HOMES TO REZONE PROPERTIES LOCATED AT 1127 WEST MAIN STREET AND 12852 OLD MERIDIAN STREET PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-489-06 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 Nos. 06010002 Z and 06030021 Z) of Centex Homes petitioning the Commission for a favorable recommendation to rezone properties located at 1127 West Main Street and 12852 Old Meridian Street from Old Meridian/Single- Family Attached to Old MeridianlMixed Use. The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE." At its regularly scheduled meeting on March 21, 2006, the Carmel Plan Commission voted nine (9) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z- 489-06 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7- 4-608(1)(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 (April 4, 2006) is Monday, July 3, 2006. ST: CARME PLAN COMMISSION BY:--- l a..- VJerrw" homanczuk, resid Ra JOlla Hancock, ceretDry Carmel Plan Commission Dated: April 4, 2006 2006-0417; z-489-06 OLD MERIDIAN PLACE CI,RTIFICATlON Received - APR - 4 2006 Carmel Clerk- TreaslIrer