HomeMy WebLinkAboutPacket City Council 11-16-09Other contacts for this project are:
ity of Carmel
CARMEL PLAN COMMISSION
MEMORANDUM-
Date: November 5, 2009
To: {._City Co uncil Members f
From: Angelina Conn, Department of Community Services
Re: Ordinance' 0 November 16 City Council meeting
Agenda item:
Z- 533 -09: X96" /Augusta Rezone (Docket No. 09090023 Z)
The applicant seeks to rezone 2 parcels located at the northeast corner of 96` St. and N.
Augusta Dr. comprising of 1.83 acres, from S- 1/Residence B- 7/Business Zonings to the B-
5/Business Zoning Classification, within the Michigan Road Corridor Overlay Zone. Filed by
the Department of Community Services, on behalf of the Carmel Plan Commission.
Enclosed is the information packet for the following item. Due to road improvements proposed by
Hamilton County, the location of the current building and parking area at the northeast corner of
96 Street Augusta Drive needs to shift and re- locate northward. This northern parcel of land is
currently zoned for residential uses; however, the site also lies within the Michigan Rd. Overlay
District, which promotes business uses. The public hearing for the new development plan and revised
architectural building elevations will be held at the November 17 Plan Commission meeting under
Docket No. 09090024 DP /ADLS. If you have any questions, please give me a call at 571 -2417 or
email me at aconn @carmel.in.gov.
Tim Knapp, R/W Manager
Hamilton County Highway Dept
(317) 773 -7770 or Tim.Knapp @hamiltoncounty.in.Qov
Michael A. Howard, Attorney for Hamilton County, IN
694 Logan Street, Noblesville, IN 46060
Phone: (317) 773.4212
Fax: (317) 776.2369
E -mail: howardma @aol.com
Randy Stair, Stair Associates Inc.
3760 West 96th Street, Indianapolis, IN 46268
Phone: (317) 228 -1900
Fax: (317) 228 -1700
E -mail: randy @stairnet.biz
ONE CIVIC SQUARE
FiLe. Co
File: 2009 -1 102; Council Memo
CARIVIEL, INDIANA 46032 317/571 -2417
1 SPONSOR: Councilor Rider
2
3 ORDINANCE Z- 533 -09
4
5 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
6 INDIANA, REZONING DISTRICT CLASSIFICATION
7
8 Rezoning 3760 W. 96 St. 9641 N. Augusta Drive from the S -1 /Residence B -7 /Business
9 District Classifications to the B -5 /Business District Classification
10
11 WHEREAS, pursuant to Indiana Code 36 -7 -4, the Common Council has lawfully
12 adopted a zoning ordinance, the terms of which are applicable to the geographic area consisting
13 of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay
14 Township, Hamilton County, Indiana, which zoning ordinance has been codified in Chapter 10
15 of the Carmel City Code; and
16
17 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to
18 amend the map that is part of the zoning ordinance; and
19
20 WHEREAS, the Carmel Plan Commission has favorably recommended the rezoning of
21 the real property, the legal' description of which is attached hereto as Exhibit A and Exhibit B.
22
23 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel,
24 Indiana, as follows:
25
26 Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance
27 is hereby changed to designate the real properties from the S- 1/Residence and B-7/Business
28 District Classifications within the US 421 Michigan Rd Corridor Overlay Zone to the B-
29 5/Business District Classification within the US 421 Michigan Rd Corridor Overlay Zone.
30
31 Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this
32 Ordinance are hereby repealed.
33
34 Section 3. This Ordinance shall be in full force and effect from and after its passage and signing
35 by the Mayor.
36
37 PASSED by the Common Council of the City of Carmel, Indiana this day of
38 2009, by a vote of ayes and nays.
39
40
89 EXHIBIT "A"
90
91 Tax Parcel ID #17- 13- 07- 00 -00- 037.000 (South Parcel)
92
93 A part of the Southeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton County, State
94 of Indiana, more particularly described as follows:
95
96 Beginning at a point in the south line of said Quarter Section distant West 785.25 feet from the southeast
97 corner thereof; running thence North in and along the east property line of North Augusta Drive 265.6
98 feet; thence East parallel to the south line of said Quarter Section 164 feet; thence South parallel to the
99 east property line of North Augusta Drive aforesaid 265.6 feet to a point in the south line of said Quarter
100 Section; thence West in and along said south line 164 feet to the place of beginning. This land is also a
101 part of Block A in North Augusta, a subdivision recorded in Deed Record 132, pages 446 -447, in the
102 Office of the Recorder of Hamilton County, Indiana.
103
104 ALSO
105
106 Tax Parcel ID #17- 13- 07- 00 -00- 038.000 (North Parcel)
107
108 Part of Block "A" in North Augusta, a subdivision in the Southeast Quarter of Section 7, Township 17
109 North, Range 3 East, Hamilton County, Indiana, and more particularly described as follows:
110
111 Beginning at a point which is 785.25 feet West and 265.6 feet North of the Southeast corner of said
112 Quarter Section; running thence North in and along the East property line of North Augusta Drive 124.4
113 feet; thence West parallel to the South line of said Quarter Section 10 feet; thence North 141.2 feet;
114 thence East parallel to the South line of said Quarter Section 174 feet; thence South parallel to the East
115 property line of North Augusta Drive aforesaid 265.6 feet; thence West parallel to the south line of said
116 Quarter Section 164 feet to the place of beginning, containing in all 1.038 acres, more or less, subject to
117 all legal highways and rights of way. This land is also part of Block "A" in North Augusta, a subdivision
118 recorded in the Office of the Recorder of Hamilton County, State of Indiana.
119
120 EXCEPT: (Dedication of R/W to Hamilton County, 1993)
121
122 A part of the Southeast Quarter of Section 7, Township 17 North, Range 3 East, Hamilton County, State
123 of Indiana, more particularly; described as follows:
124
125 Beginning at a point in the south line of said Quarter Section distant West 785.25 feet from the southeast
126 corner thereof; running thence North in and along the east property line of North Augusta Drive 265.6
127 feet; thence East parallel to the south line of said Quarter Section 10 Feet; thence South parallel to the
128 east property line of North Augusta Drive aforesaid 180.6 feet to a point; thence along a line deflecting
129 45 degrees to the left of the aforesaid call 49.5 feet; thence East parallel to the south line of said Quarter
130 Section 119.0 feet to a point in the East property line; thence South parallel to the East property line of
131 North Augusta Drive 50.0 feet to a point in the South line of said Quarter section; thence West in and
132 along said South line 164 feet to the place of beginning. This land is also a part of Block A in North
133 Augusta, a Subdivision recorded in Deed Record 132, pages 446 -447, in the Office of the Recorder of
134 Hamilton County, Indiana.
135
136 ALSO EXCEPT: (Hamilton County R/W Taking, 2008.)
137
138 A part of Block "A" in North Augusta, a subdivision in the southeast quarter of Section 7, Township 17
139 North, Range 3 East, Hamilton County, Indiana, the plat of which subdivision is recorded in Deed
140 Record 132, pages 446 -447, in the Office of the Recorder of said county and being that part of the
141 grantors' land lying within the right -of -way depicted at the attached Right -of —way parcel plat marked
142 Exhibit "B described as follows:
143
144 Commencing at the southeast corner of said section (said corner being designated 106 on said Exhibit
145 `B Thence South 89 degrees 23 minutes 10 seconds West 785.25 feet along the south line of said
146 section to the prolonged west line of said block; thence North 0 degrees 36 minutes 50 seconds West
147 265.60 feet along said west line prolonged and along the west lie of said block to the northwest corner of
148 the tract of land described in Instrument No. 9330606 and the point of beginning of this description:
149 thence continuing North 0 degrees 36 minutes 50 seconds West 124.40 feet along said west line to the
150 corner of the grantors' land; thence South 89 degrees 23 minutes 10 seconds West 10.00 feet along the
151 south line of the grantors' land to the southwest corner of the grantors' land; thence North 0 degrees 36
152 minutes 50 seconds west 141.20 feet along the west line of the grantors' land to the northwest corner of
153 the grantors' land; thence North 89 degrees 23 minutes 08 seconds East 35.37 feet along the north line of
154 the grantors' land to the point designated 2059 on said Exhibit `B Thence South 0 degrees 24 minutes
155 08 seconds east 147.96 feet to the point designated 2013 on said Exhibit "B thence Southeasterly
156 199.61 feet along an arc to the left having a radius of 755.00 feet and subtended by a long chord having a
157 bearing of South 07 degrees 58 minutes 34 seconds East and a length of 199.03 feet to the point
158 designated 2014 on said Exhibit `B thence South 15 degrees 33 minutes 00 seconds East 82.86 feet to
159 the point designated at 2015 on said Exhibit `B thence south 60 degrees 21 minutes 33 seconds East
160 102.82 feet to the point designated 2073 on said Exhibit `B thence North 89 degrees 23 minutes 10
161 seconds East 3.30 feet to the east line of the grantors' land; thence South 0 degrees 36 minutes 50
162 seconds east 4.00 feet along said east line to the north boundary of 96` Street; thence south 89 degrees 23
163 minutes 10 seconds West 119.00 feet along the boundary of said 96` Street to the northeastern boundary
164 of the intersection of said 96 Street and Augusta Drive North; thence North 45 degrees 36 minutes 50
165 seconds West 49.50 feet along the boundary of the intersection of said 96 Street and said Augusta Drive
166 North to the east boundary of said Augusta Drive North; thence North 0 degrees 36 minutes 50 seconds
167 West 180.60 feet along the boundary of said Augusta Drive North to the northeast corner said tract;
168 thence South 89 degrees 23 minutes 10 seconds West 10.00 feet along the north line of said tract to the
169 point of beginning and containing 20,548 square feet more or less (0.47 acres more or less). The above
170 described land abuts the land described in said Instrument No. 9330606, and any seeming bearing
171 discrepancies result merely from the reverse directions of said bearings and from different bearing
172 systems upon which they are based.
173
To: The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO REZONE PROPERTY LOCATED AT THE NORTHEAST
CORNER OF WEST 96 STREET AND NORTH AUGUSTA DRIVE,
PURSUANT TO INDIANA CODE 36 -7 -4 -605
ORDINANCE Z- 533 -09
The Carmel Plan Commission offers you the following report on the rezone application (Docket No.
09090023 Z) of The City of Carmel Department of Community Services Hamilton County petitioning the
Commission for a favorable recommendation to rezone the properties at 3760 West 96 Street and 9641
North Augusta Drive, comprising of two parcels, from the S -1 /Residence and B -7 /Business District
Classifications (within the US 421 Michigan Road Overlay District) to the B -5 /Business District
Classification (within the US 421 Michigan Road Overlay District). The properties are located generally
at the northeast corner of the intersection of West 96 Street and Augusta Drive North, within Clay
Township, Hamilton County, Indiana.
The Carmel /Clay Plan Commission's recommendation on the petition of the applicant is "Favorable."
At its regularly scheduled meeting on Tuesday, October 20, 2009, the Carmel Plan Commission voted eight
(8) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed
Ordinance No. Z- 533 -09 with a Favorable vote.
Please 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) days to act on this petition before it becomes adopted as Certified by
the Commission. Ninety days from the date of this Certification (October 22, 2009) is January 20, 2010.
ATTEST:
Ramona Hancock, Secretary
Carmel Plan Commission
Dated: October 22, 2009
File:2009 -1021; Z- 533 -09; 96th_Augusta'Rezone Certification
CARMEL PLAN COMMISSION
BY:
Leo Dierckman, President
City of Carmel
Date: November6, 2009
To: Plan Commission Members
From: Angelina Conn, Department of Community Services
Re: Docket No. 09090024 DP /ADLS: 96th /Augusta Site Plan Ray Stair
Property The applicant seeks site plan and design approval to relocate an existing
structure from 3760 W. 96` St. to a one -acre parcel at 9641 N. Augusta Dr. just
north of and adjacent to said parcel, as well as seek approval for parking, landscaping,
lighting, and signage. The site is pending a rezone to B- 5/Business. Filed by the
Department of Community Services, on behalf of Hamilton County.
Enclosed is the information packet for the site plan and design review. Due to road improvements
proposed by Hamilton County, the location of the current building and parking area needs to shift
and re- locate northward. This northern parcel of land is currently before the City Council for rezone
approval.
If there is no remonstrance, the Department hopes that you consider suspending the rules of
procedure and approving the site plan for the re- located structure and for its building additions. If
you have any questions, please contact me at (317) 571 -2417 or aconn @carmel.in.gov.
Other contacts for this petition are:
Tim Knapp, R/W Manager
Hamilton County Highway Dept
(317) 773 -7770 or Tim.Knapp @hamiltoncounty.in.gov
Michael A. Howard, Attorney for Hamilton County, IN
694 Logan Street, Noblesville, IN 46060
Phone: (317) 773.4212
Fax: (317) 776.2369
E -mail: howardlna @aol.com
Randy Stair, Stair Associates Inc.
3760 West 96th Street, Indianapolis, IN 46268
Phone: (317) 228 -1900
Fax: (317) 228 -1700
E -mail: randy @stairnet.biz
ONE CIVIC SQUARE
CARMEL PLAN COMIVIISSION
MEMORANDUM-
Page 1
Filename: 2009 1106; PC Memo
CARMEL, INDIANA 46032 317/571 -2417