HomeMy WebLinkAboutZ-532-09 Rezone SW Corner Old Meridian St. & Main St As AmendedORDINANCE Z- 532 -09
AS AMENDED
SPONSOR: Councilor Carter
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, REZONING DISTRICT CLASSIFICATION
Rezoning the Southwest Corner of Old Meridian Street Main Street from OM /SU -Old
Meridian District Special Use District Classification
to OM /MU -Old Meridian .District Mixed Use District Classification
WHEREAS, pursuant to Indiana Code 36 -7 -4, the Common Council 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 Cannel, 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 Indiana Code 36 -7 -4 -602 the Common Council is authorized to
amend the map that is part of the zoning ordinance; and
WHEREAS, the Cannel Plan Commission has favorably recommended the rezoning of
certain real property, the legal description of which is attached hereto and incorporated herein as
Exhibit A (the "Real Property from OM /SU -Old Meridian District Special Use District
Classification to OM /MU -Old Meridian District Mixed Use District Classification;
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel,
Indiana, as follows:
Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance
is hereby modified to designate the Real Property OM /MU -Old Meridian District Mixed Use
District Classification.
Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Section 3. 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 Cannel, Indiana this 7 of
2009, by a vote of 7 ayes and d nays.
Version A 12/07/09
1
Presiding r Off r
W. Eric Seide
ATTEST:
Ronald E. Carter
COMMON COUNCIL FOR THE CITY OF CARMEL
sticker, Presiderft
Diana L. Cordray, IAMC, Cler asurer
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2009, at (:30 P.M.
Approved by me, Mayor of the City of Carmel, Indiana, this //A of
y o r 2009, at 1/ /7 fi.M.
ATTE T:
s,
iana L. Cordray, I r C, Clerk Treasurer
2
Kevin Rider
Richard L Sharp
uci
der
Diana L. Cordray, IAMC,
mes Brainard, Mayor
k- Treasurer
Prepared by: Matthew Worthley, Cannel Redevelopment Commission, 30 West Main Street,
Suite 220 Carmel, IN 46032
Reviewed By: Ryan R. Wilmering (Wallack Somers Haas, P.C.)
EXHIBIT A
LEGAL DESCRIPTION
The property of the Carmel Redevelopment Commission, Instrument Number 2009002028 and
the balance of the property of the Joint Revocable Trust Agreement of Christine D. and Nelson
T. Gary Instrument Number 9709741060 September 16, 2009. Part of the Southeast Quarter of
Section 26, Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township,
Hamilton County, Indiana, described as follows:
Commencing at the Northeast Corner of the Southeast Quarter of said Section 26, Township 18
North, Range 3 East; thence South 87 degrees 11 minutes 21 seconds West (assumed bearing)
232.00 feet along the North Line of said Southeast Quarter to the point of beginning of a 2.803
acre tract of land granted to the Carmel Redevelopment Commission "Carmel tract (recorded
as Instrument Number 2009002028 in the Office of the Recorder of Hamilton County, Indiana)
and the POINT OF BEGINNING of this description; thence South 01 degrees 51 minutes 22
seconds East 25.78 feet (25.79 feet Deed) parallel with the East Line of said Southeast Quarter
and along the eastern line of said Carmel tract to the southwestern corner of the 0.104-acre tract
of land appropriated to the City of Carmel, Indiana ("City tract) (recorded as Instrument Number
200400082049 in said Recorder's Office) (the following two courses are along the boundary of
said City tract); (one) thence South 64 degrees 41 minutes 10 seconds East 98.31 feet; (two)
thence South 04 degrees 44 minutes 22 seconds East 21:31 feet (North 03 degrees 53 minutes 22
seconds West 21.06 feet Deed) to a point on the northwestern right -of -way line of Old
Meridian Street, said point lying 50.00 feet (measured northwesterly in a perpendicular direction)
from the centerline thereof; thence South 33 degrees 46 minutes 39 seconds West 232.21 feet
along said northwestern right -of -way line and parallel with said centerline to the southeastern
corner of said Carmel tract and the northern line of the 4.382 -acre tract of land granted to OM
Land Holdings, LLC (recorded as Instrument Number 200600033637 in said Recorder's Office);
thence South 87 degrees 11 minutes 21 seconds West 389.44 feet parallel with the North Line of
said Southeast Quarter along said common line to the southwestern corner of said Carmel tract;
thence North 03 degrees 24 minutes 04 seconds West 279.88 feet (280.0 feet Deed) along the
western line of said Cannel tract to the northwestern corner thereof, said corner lying on the
north Line of said Southeast Quarter; thence North 87 degrees 11 minutes 21 seconds East
443.75 feet along said North Line to the POINT OF BEGINNING, containing 3.006 acres, more
or less.
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CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CARMEL REDEVELOPMENT COMMISSION
TO REZONE PROPERTY LOCATED
AT THE SOUTHWEST CORNER OF OLD MERIDIAN STREET MAIN STREET
PURSUANT TO INDIANA CODE 36 -7 -4 -605
To: The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
ORDINANCE Z 532 09
The Carmel Plan Commission offers you the following report on the application (Docket No. 09050023 Z)
of the Carmel Redevelopment Commission, petitioning the Commission for a favorable recommendation to
rezone approximately 3.07 acres located at the southwest corner of Old Meridian. Street and Main Street,
from OM /SU -Old Meridian District Special Use to OM /MU -Old Meridian District Mixed Use.
The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting on September 15, 2009, the Carmel Plan Commission voted ten (10) in
Favor, zero (0) Opposed, zero (0) Abstaining to forward to the Common. Council the proposed Ordinance
Z- 532 -09 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 21, 2009) is Sunday,
December 20, 2009.
Al t'EST:
R9/mona Hancock, Secretary
Carmel Plan Commission
Dated: September 21, 2009
201)9-0916; Z- 532 -09 Old Meridian h Main PC Certi iication.doc
bE d IZcIS bOZ
CARME LAN COMMIS. ION
B
eo Dierckman, President
