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HomeMy WebLinkAboutApplication Zoning Ordinance AmendmentFees: $866.50 plus $120.00 per acre (Note: fees are due after the application receives a docket number, and not before.) DATE: July 23, 2010 DOCKET NO. Pursuant to Indiana Code §36 -7 -4 -602 (b), Applicant, by its attorney, Paul G. Reis, Esq., as an authorized agent for the Owner of the Real Estate, hereby submits the attached proposed PUD Ordinance Amendment to amend the Parkwood Crossing, West Planned Unit Development Ordinance Z -359 and the Carmel Zoning Ordinance, Z -289, as amended. Name of Project: LAKE CITY BANK REGIONAL. HEADQUARTERS AND BRANCH BANK Property Address: (Not vet assigned) Northwest corner of 96' Street and Meridian Street Parcel ID 16 13 11 00 00 026.002 Legal Description of Real Estate: (attached) Name of Applicant: Lake City Bank by Paul G. Reis, Esq., KRIEG DEVAULT LLP Applicant Address: 12800 N. Meridian Street, Suite 300, Carmel, Indiana 46032 Contact Person: Paul G. Reis Phone: (3I7) 238 -6293 Fax No. (317) 636 -1507 Email: preis@.kdieeal.com Name of Owner: Duke Realty Limited Partnership Phone: (317 808 -6151 Owner Address: 600 E. 96 Street. Suite 100, Indianapolis. Indiana 46032 Plot Size: 1.89 Acre Zoning Classification: PUD Parkwood Crossing, West Signature of Applicant: LAKE CITY BANK By: ZONING ORDINANCE AMENDMENT APPLICATION 4. C 23 2010 s Paul R is, Esq., Atto ey for Lake City Bank as Autho zed Agent for uke Realty Limited Partnership STATE OF INDIANA SS: COUNTY OF HAMILTON Before me the undersigned, a Notary Public in and for said County and State, personally appeared Paul G. Reis, Attorney for Lake City Bank as authorized agent for Duke Realty Limited Partnership, who acknowledged the execution of the foregoing Application for and on behalf of the Applicant and Duke Realty Limited Partnership this ,73— of July, 2010. a. (Notary Pu blic Signature My Commission Expires: Resident of County, Indiana 2891512 J.DOC 7 (Print A. MATTHEWS Marion County y Commission Expires August 1, 2015 LEGAL DESCRIPTION ZONING ORDINANCE AMENDMENT REAL ESTATE A part of the Southwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, more particularly described as follows: Commencing at a Harrison Monument marking the southwest comer of said quarter section. said corner being South 89 degrees 24 minutes 09 seconds West 2,693.06 feet from the southeast corner of said quarter section; thence North 89 degrees 24 minutes 09 seconds East, 1261.67 feet along the south line of said quarter section; thence North 00 degrees 35 minutes 56 seconds West, 71.58 feet to the north right -of -way line of 96 Street as described in the dedication and deed to the City of Carmel, recorded as Instrument number 200600018041 in the Office of the Recorder of Hamilton County, Indiana; thence continuing North 00 degrees 35 minutes 56 seconds West. 323.35 feet; thence North 89 degrees 24 minutes 04 seconds East. 213.27 feet; thence North 00 degrees 35 minutes 56 seconds West, 39.22 feet to the Limited Access right of way line described in the deed to the State of Indiana, recorded as Instrument Number 2001 28753, the following 4 calls being along said State of Indiana limited access right of way; (1) thence South 57 degrees 54 minutes 09 seconds East, 61.54 feet; (2) thence South 79 degrees 07 minutes 08 seconds East, 6.34 feet to POINT OF BEGINNING of this description; (3) thence South 79 degrees 07 minutes 08 seconds East, 281.67 feet (4) thence South 00 degrees 05 minutes 00 seconds West, 300.13 feet; to the Northern most easterly comer of said north right-of- way line of 96` Street; thence South 89 degrees 24 minutes 04 seconds West. 272.79 feet; thence North 00 degrees 35 minutes 56 seconds West, 328.06 feet to the POINT OF BEGINNING containing 1.891 acres, more or less. The bearings in this description are based upon the south line of the Southwest Quarter of Section 11 having a bearing of North 89 degrees 24 minutes 09 seconds East. 3 ORDINANCE Z- SPONSOR: 07 -n -2010 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING Z -359 PARKWOOD CROSSING WEST PLANNED UNIT DEVELOPMENT DISTRICT ORDINANCE An Ordinance amending the Parkwood Crossing West Planned Unit Development District WHEREAS, Section 31.06.04 of the Cannel Zoning Ordinance Z -289, as amended, (the "Carmel Zoning Ordinance and I.C. 36 -7 -4 -1512 provides for the amendment of a Planned Unit Development District; NOW, THEREFORE. BE IT ORDAINED by the Common Council of the City of Cannel, Indiana, that pursuant to I.C. 36 -7 -4 -1500 et seq., and after receiving a favorable recommendation by the Carmel Plan Commission under docket number it hereby adopts this ordinance, (the "PUD Ordinance Amendment to amend the Parkwood Crossing West Planned Unit Development District Ordinance Z -359 (the "Original PUD Ordinance and adopts this PUD Ordinance Amendment as an amendment to the Carmel Zoning Ordinance. Section 1. Applicability of PUD Ordinance Amendment: Section 1.1. The provisions of this PUD Ordinance Amendment shall only apply to the real estate commonly known as Outlot #2 in Parkwood Crossing West, which is more particularly described in Exhibit "A (the "Real Estate Section 1.2. The use and development of the Real Estate shall be governed by this PUD Ordinance Amendment and by those provisions of the Original PUD Ordinance not specifically amended or modified by this PUD Ordinance Amendment. This amendment shall have no effect on the use and development of remaining portion of the real estate defined in the Original PUD Ordinance, except as may be required by context to allow for the provisions of this PUD Ordinance Amendment. Section 1.3. Any capitalized term not defined herein or in the Original PUD Ordinance shall have the meaning as set forth in the Carmel Zoning Ordinance. Section 2. Section 3.6 Architectural Design Requirements: Paragraph E. of Section 3.6 of the Original PUD Ordinance, "Building penthouses shall not apply to the Real Estate. Section 3. Minimum Gross Floor Area: Section 5.3 of the Original PUD Ordinance is hereby amended and restated as follows: Section 5. Section 5.3 Maximum Gross Floor Area and Density; Permitted Uses. A maximum of two (2) buildings shall per permitted. The gross floor area of any building shall not exceed Eleven Thousand Four Hundred (11,400) square feet and the total gross floor area of the two peimitted buildings shall not exceed Twenty Thousand (20,000) square feet. A Restaurant shall be the only permitted use on that portion of the Outlot Area not included within the Real Estate governed by this PUD Ordinance Amendment. A Restaurant, a Financial Institution with or without a drive -thru and /or an Automated Teller Machine (ATM) and an Office shall be the only permitted primary uses on the Real Estate. [Bold indicates amended text] Section 4. Parking Requirements: Paragraph C. of Section 5.5 of the Original PUD Ordinance is hereby amended and restated as follows: Section 5.5 Parking Requirements. C. For a Restaurant, the minimum number of parking spaces required shall be one (1) space per every four (4) patron seats, plus one (1) space per employee per largest shift. For any other permitted use, the minimum number of parking spaces required shall be three and one -half (3 /Z) spaces for each one thousand (1,000) square feet of gross floor area. [Bold indicates amended text] Violations of Ordinance: All violations of this Ordinance shall be subject to Section 34.0 of the Carmel Zoning Ordinance. [SIGNATURES FOLLOW ON NEXT PAGE] PASSED by the Common Council of the City of Carmel, Indiana this day of 2010, by a vote of ayes and nays, COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Joseph C. Griffiths Richard L. Sharp, Kevin D. Rider President Pro Tempore John V. Accetturo W. Eric Seidensticker Ronald E. Carter Luci Snyder ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer 3 Presented by me to the Mayor of the City of Carmel, Indiana the day of ,2O1O,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 2891147 1.DOCX Diana L. Cordray, IAMC. Clerk Treasurer.: James Brainard, Mayor This Instrument prepared by Paul G. Reis, Esq., Krieg DeVault LLP, 12800 N. Meridian Street, Suite 300, Carmel, Indiana 46032. 4 ORDINANCE Z- EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE A part of the Southwest Quarter of Section 11, Township 17 North. Range 3 East, Hamilton County, Indiana, more particularly described as follows: Commencing at a Harrison Monument marking the southwest corner of said quarter section, said corner being South 89 degrees 24 minutes 09 seconds West 2,693.06 feet from the southeast corner of said quarter section: thence North 89 degrees 24 minutes 09 seconds East, 1261.67 feet along the south line of said quarter section; thence North 00 degrees 35 minutes 56 seconds West, 71.58 feet to the north right -of -way line of 96 Street as described in the dedication and deed to the City of Carmel, recorded as Instrument number 200600018041 in the Office of the Recorder of Hamilton County, Indiana; thence continuing North 00 degrees 35 minutes 56 seconds West, 323.35 feet; thence North 89 degrees 24 minutes 04 seconds East, 213.27 feet; thence North 00 degrees 35 minutes 56 seconds West, 39.22 feet to the Limited Access right of way line described in the deed to the State of Indiana, recorded as Instrument Number 2001- 28753, the following 4 calls being along said State of Indiana limited access right of way; (1) thence South 57 degrees 54 minutes 09 seconds East, 61.54 feet; (2) thence South 79 degrees 07 minutes 08 seconds East, 6.34 feet to POINT OF BEGINNING of this description; (3) thence South 79 degrees 07 minutes 08 seconds East, 281.67 feet (4) thence South 00 degrees 05 minutes 00 seconds West, 300.13 feet; to the Northern most easterly corner of said north right -of -way line of 96` Street; thence South 89 degrees 24 minutes 04 seconds West, 272.79 feet; thence North 00 degrees 35 minutes 56 seconds West, 328.06 feet to the POINT OF BEGINNING containing 1.891 acres, more or less. The bearings in this description are based upon the south line of the Southwest Quarter of Section 11 having a bearing of North 89 degrees 24 minutes 09 seconds East.