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Home My WebLink AboutZ-529-09 Lowes Way/146th Key Bank Sponsor Councilor Ruder ORDINANCE Z- 529 -09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CI 1Y OF CARMEL, INDIANA CHANGING ZONING DISTRICT CLASSIFICATION 4n Or durance changing the zoning classification of 2 291 am es, of hind located at the southeast corner of Lowey Way and 14e Street fi om the R 4 zoning district classification to the Planned Unit Development zoning district classification WHEREAS pursuant to Indiana Codo §36-7 4 600 et seq, the Common Council of the City of Carmel Indiana has lawfully adopted a zoning ordinance `Zoning Ordinance the terms of which are applicable to the geographic alea consisting of the incorporated area of the City of Cannel Indiana and the unincorporated area of Clay Township, Hamilton County Indiana, vFhich Zoning Oidinance has been codified in Chapter 10 of the Carmel City Code and WHEREAS pursuant to the Indiana Code $36 7 4 -602, the Common Council is authorized to amend the map that is part of the Zoning Ordinance, and WIIEREAS the Carmel Plan Commission under docket number 08110008 Z has iendered a unanimous favorable recommendation regarding a 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 Section I 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 R 4/Residential Toning classification to the PUD/Planned Unit Development District zoning classification Section II All prior ordinances or parts thereof inconsistent with any pros ismon of this Ordinance are heieby repealed Section i11 This Ordinance shall be in Lull force and etfect from and after its passage and signing by the Mayor PASSED by the Common Council of the City of Carmel Indiana this d'a} of o S tu rat- 2009 by a ote of 7 ayes and j nays o COMMON COUNCIL FOR TI IE CI fY OF CAR I i $v Pfesid Officer 4s /me. Grif th AP //!//cam- e W Eric Seide ticker Kevin D Rider President Pio Tempore I itif 4. er:l J A Ac ccctturo Richard L Sharp /i L %Give ft Ronald E Carter Luci S yder ATTES1 Diana I. Cordray, IAMC Clerk-Tre s rer 2 Presen d by me to the Mayor of the City of Carmel Indiana the X17 day of A A,p, 2009 at 1D 1i g M iust U /IV! Diana L Cordrav IAMC, elm k- asurer Approved by me Mayo! of the City of Carmel Indiana, this 1C1 day of al oat 2009 at /0 33 IQ- M Jast J J Bramarrd, Mayor AT I EST Diana L Cordia) IAMC Clerk -Trea, r This Instrument prepared b% Paul G Reis, Csq Krieg DeVault LLP, 12800 N Meridian Street Suite 300, Carmel Indiana 46032 kD_2130122_I DOC 3 EXHIBIT A LEGAL DCSCRIPI ION Part of the North l lall of the Northwest Quarter of Section 19,1 ownship 18 North, Range 4 East in Hamilton County Indiana, more particularly described as follows Commencing at the Northeast corner of the North 1lalf of the Northvb est Quarter of sand Section 19, thence South 89 degrees 05 minutes 16 seconds West (bearings based on NAD83 State Plane Coordinates East Zone) along the North line of the said Northwest Quarter 783 77 feet, thence South 00 degrees 54 minutes 44 seconds East 75 46 feet to the South right of way line of 146th Street, thence along said South line South 89 degrees 05 minutes 16 seconds West 137 13 feet to the Point of Beginning thence South 00 degrees 10 minutes 51 seconds West 228 66 feet, thence North 89 degrees 1 minutes 53 seconds West 127 17 feet thence South 45 degrees 09 minutes 29 seconds West 61 b feet thence South 00 degrees 10 minutes 51 West 234 84 feet thence South 43 degrees 58 minutes 24 seconds West 83 82 feet thence South 67 degrees 42 minutes b seconds West 44 37 feet, thence North 89 degrees 49 minutes 09 seconds West 10 00 feet to the East right of way line of Lowe's Way thence along said East lute, North 00 degrees 10 minutes 51 seconds East 579 06 feet to the South right of way line of 146th Street, thence along said South Brie, North 89 degrees 05 minutes 16 seconds East 279 51 feet containing 2 291 acres mole or less CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PE I ITION OF [GTE GREYHOUND HI, LLC TO REZONE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 146 STREET AND LOWE'S WAY PURSUANT TO INDIANA CODL 36 -7-4 605 ORDINANCE Z 529 09 To The Honorable Common Counul of the City of Carmel Hamilton County, Indiana Dear Members The Carmel Plan Commission otters you the following report on the application (Docket No 08110008 Z) of Kite Greyhound III LLC petitioning the Commission for t favorable recommendation to rezone approximately 1 7 acres located at the southeast corner of 146 Street and Lowe s Way from R 4/Residence to PUD/Planned Unit Development The Carmel Plan Commission s recommendation on the petition of the applicant is "FAVORABLE At its regularly scheduled meeting on May 19 2009 the Carmel PI in Commission voted eight (8) in Favor zero (0) Opposed zero (0) Abstaining to forward to the Common Council the proposed Ordinance Z 529 09 with a FAVORABLE recommendation Pleise be advised that by virtue of the Plan Commission s Favorable Recommendation pursuant to IC 36 7 4 608(0(4) the Council has ninety (90) thys to act an this petition befoke it becomes effective as Certified by the Commission Ninety days from the date of this Certification (May 26 2009) is Monday August 24, 2009 CARMEL !I N COMMISSIO I' B i Ilieri.km: President ATT T X‘ Ramona Hancock, Secretary N Carmel Plan Commission Dated May 26, 2009 N 2009 0121 2129 09 Kim! UD Resent (le) 1, ml) PC Cedi icanm