HomeMy WebLinkAboutZ-541-10 WITHDRAWN/Rezone NW quad, Carmel Dr/Range Line RdDate: June 7, 2010
To: Carmel City Council
Rick Sharp, President Pro Tempore
From: Mike Hollibaugh, D
Copy: Diana Cordray, Clerk Treasurer
Mayor James Brainard
Carmel Plan Commission
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CITY OF CARMEL
JAMES BRAINARD, MAYOR
RE: Ordinance Z- 541 -14 (Rezone, NW quad, Carmel Drive and Range Line Road)
During the review process by the Council's Land Use and Annexation Committee, it came to our
attention that the Department of Community Services did not make proper notice to the owners of real
estate proposed to be rezoned to C -1, City Center district.
Since the time we became aware the mistake, an attempt was made to get permission from the owners
to proceed with the rezone of their real estate, by waiving the requirement for public notice. We have
been able to obtain permission to move forward from all but the owner of the Arby's real estate.
Because of the initial public notice error, and the Department's inability to receive authorization from
the owner of Arby's to proceed, I hereby withdraw ordinance Z- 541 -10 from consideration by the City
Council and ask that this memo be included with the public record for said ordinance.
It is the intent of the Department of Community Services to resubmit this rezone request in the near
future, as allowed per the rules of procedure.
DEPARTMENT OF COMMUNITY SERVICE
ONF CIVIC SQUARE, CAR;MEL, IN 46032 PHoNF 317.571.2417, FAX 317.571.2426
MICHAEL P. 1 IOLL]DALJci -I. DIREcTOIz
WHEREAS, pursuant to Indiana Code 36 -7 -4, the Com: on.
ordinance, the terms of which are applicable to the geographic area c
City of Carmel, Indiana, and the unincorporated area of Clay wn
zoning ordinance has been codified in Chapter 10 of the Carmel
Mayor.
4/6/ 710
SPONSORS: COUNCILORS CARTER RIDE
day of
ORDINANCE Z- 541 -10
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY 0
INDIANA, REZONING DISTRICT CLASSIFICAT OI
Rezoning 6 properties northwest of Carmel Drive and Range Line Road kV e 3 /Business and I-
1/Industrial District Classifications to the C -1 /City Cente istrict Cl, sification
Ordinance Z- 541 -10
ounci has lawfully adopted a zoning
onsis g of the incorporated area of the
sh Hamilton County, Indiana, which
e and
WHEREAS, pursuant to Indiana Code 36 -7 on Council is authorized to amend the map
that is part of the zoning ordinance; and
WHEREAS, the Carmel Advisory Pla gave a favorable recommendation on Tuesday,
March 16, 2010, regarding the rezoning of the r..l pr per as described in Exhibit A, and which is illustrated
in the location map of Exhibit B also attach d her
NOW, THEREFORE, BE ITTOR CINED, y the Common Council of the City of Carmel, Indiana, as
follows:
Section J. That the Official ap accompanying and made part of the Zoning Ordinance is
hereby changed to designate th` real prope from the B- 3/Business and I- 1/Industrial District Classifications to
the C-1/City Center District.
Section 2. Al O .ina ces or parts thereof inconsistent with any provision of this Ordinance are
hereby repealed.
Section 3. This Or ice shall be in full force and effect from and after its passage and signing by the
Ordin•.: ce Z- 541 -10 PASSED by the Common Council of the City of Carmel, Indiana this
2010, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer Joseph C. Griffiths
Richard L. Sharp, President Pro Ternpore Kevin Rider
John V. Accetturo W. Eric Seidensticker
Ronald E. Carter Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2010, at .M.
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2010, at .M.
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
James Brainard, Mayor
Prepared by:
Alexia Donahue Wold, Planning Administrator, One Civic Square, Carmel, IN 46032
4/6/2010
Diana L. Cordray, IAMC, Clerk Treasurer
Ordinance No. Z- 541 -10
2
EXHIBIT A
PROPERTY DESCRIPTION
Rezone of properties located at the NW corner of Carmel Drive and Range Line Road,
comprising 6 parcels, also known as Tax Parcel ID numbers:
4/6/2010
16- 09- 36- 00 -00- 025.000
16- 09- 36- 00- 00- 026.001
16- 09- 36- 00- 00- 025.001
16-09-36-00-00-027.000
Ordinance No. Z- 541 -10
3
16- 09- 36- 00- 00- 026.000
16- 09- 36- 00 -00- 028.000
EXHIBIT B
4/6/2010
Ordinance No. Z- 541 -10
4
Aerial Map
NW Comer of Range Line Road Carmel Drive
C -1 Rezone
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 6 PARCELS LOCATED AT THE
NORTHWEST CORNER OF CARMEL DRIVE AND RANGE LINE ROAD
PURSUANT TO INDIANA CODE 36 -7 -4 -605
The Carmel Plan Commission offers you the following report on the application (Docket No. 10020015 Z)
of The City of Carmel, petitioning the Commission for a favorable recommendation to rezone 6 parcels
located northwest of the intersection of Carmel Drive and Range Line Road, from the B-3/Business and I-
1 /Industrial District within the Carmel Drive /Range Line Road Overlay Zone to the C-1/City Center District.
The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting on March 16, 2010, the Carmel Plan Commission voted eight (8) In
Favor zero (0) opposed, zero (0) abstaining, to forward to the Common Council the proposed Ordinance Z-
541-10 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 (March 25, 2010) is Wednesday, June
23, 2010.
Ay 'EST: 1
Rfmona Hancock, Secretary
Carmel Plan Commission
Dated: March 25, 2010
8S :E d S Z 1iV OiQZ
201 0 -0324: Z -541 -10; C -1 Rezone PC Ccrti fication.doc
ORDINANCE Z- 541 -10
CARME LAN COMMISS
B
eo Dierc man, President
N