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HomeMy WebLinkAboutApplication - RezoneFEE PUD Ordinance/ $10 454 00 Rezone Filing Fee (based on 63 7 acres) Total fee due $10,454 00 Conn, Angelina V i From Conn Angelina V Sent Tuesday December 21 2010 10 21 AM To Boone Rachel M Blanchard Jim E Mindham Daren Donahue Wold Alexia K Hancock Ramona B Hollibaugh Mike P Keeling Adrienne M Littlejohn David W Martin Candy Mindham Daren Stewart Lisa M Tingley Connie S Barnes David R Duncan Gary R Haney Douglas C Perkins Tom D 'John Molitor' Cc 'Jon Dobosiewicz Charlie Frankenberger 'Steve Pittman' 'TCrowley @GershmanBrownCrowley com' Subject Docket No Assignment 10120008 Z The Bridges PUD I have issued the Docket Number for The Bridges PUD It is the following Docket No 10120008 Z The Bridges PUD The applicant seeks approval to rezone 63 7 acres from S 2 /Residence to PUD /Planned Unit Development The site is located at 11405 Spring Mill Rd at the southeast corner of 116 St and Spring Mill Rd Filed by Charlie Frankenberger of Nelson Frankenberger on behalf of G B Developers II LLC Mr Jon Dobosiewicz land use specialist and Mr Frankenberger project attorney can be contacted at 317 844 -0106 Petitioner, please note the following 1 This Item will be on the Jan 19, 2011 agenda of the Technical Advisory Committee If not done already the petitioner rr1ust submit plans and review materials to all TAC members ASAP via email and /or mail The updated TAC members list is online at http /www ci carmel in us /services /DOCS /DOCSTAC2004 htm 2 Mailed and Published Public Notice needs to occur no later than Jan 21, 2011 Published notice is required within the Indianapolis Star Try to get the public notice ad to the IndyStar by Noon two days prior to the public notice deadline in order for them to publish it on time Also the placement of a public hearing sign on the property is required see application 3 The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no later than Noon Friday, Feb 4, 2011 4 Proof of Notice will need to be received by this Department no later than Noon, Friday, Feb 11, 2011 Failure to submit Proof of Notice by this time will result in the tabling of the petition 5 This item will appear on the Feb 15, 2011 meeting agenda of the Plan Commission (under Public Hearings which begins at 6 pm (A representative must be present 6 This item will also appear on the Mar 1, 2011 agenda of the Plan Commission Special Studies Committee which begins at 6 pm (A representative must be present 7 Please refer to the application /checklist for more detail 8 The Planning /Zoning Department s review comments will be issued within a few weeks Thank you Angie Conn, Planning Administrator Dept of Community Services Planning Zoning 1 Civic Square 3rd Floor City of Carmel IN 46032 p 317 571 2281 l f 317 571 2426 l e aconn@carmel in clov w www carmel in gov /services /DOCS /DOCSDOPZ htm Pkk.ace consider the ens ironment before printing thic e mail 1 REZONE APPLICATION PETITION TO CHANGE THE OFFICIAL ZONING MAP INCORPORATED BY REFERENCE INTO THE CARMEL /CLAY ZONING ORDINANCE 00 FEES Rezone $866 50 plus $120 00 per acre €PUD= $2,810 00, plus $120 00 pe afire (Fees due after a docket num er is assigrred-j- i Date Docket No 01 2= ()l s Name of Owner JEC Partnership, L P Phone No (317) 580 -9693 Owner s Address Fax No (317) 580 -9786 201 106 Street West Email Steve @PlttmanPartners com Indianapolis, iN 46290 Attn Steve Pittman Applicant s Contact Person Name and Company Tom Crowley, Gershman Brown Crowley Applicant's Contact Person Phone Fax, Email (317) 574 -7320, (317) 574 -7336, TCrowley @GershmanBrownCrowley com Applicant's Address 600 E 96 Street, Suite 150, Indianapolis, iN 46240 Record of Ownership See Exhibit B" Legal Description (Use additional page(s) if necessary) See Exhibit C (the `Real Estate RFCE /vE0 ZO JO ©cs Applicant G B Developers II, LLC, Attn Tom Crowley See Exhibit "A" for contact information Common Address of Property involved (or general Description if no Address Exists) 11405 Springmill Road, Carmel, Indiana, 46032, located on the SW quadrant of U S 31 and 116 Street, south of 116 Street, East of Sprmgmill Road, north of 11 lthStreet, and comprising approximately 64 acres Tax Parcel ID (No(s) 17 -13 -02 00 00 -001 000 Proposed Zoning Change From the S 2 Residential District to the Planned Unit Development (PUD) District Statement of compliance with the Carmel /Clay Comprehensive Plan (use additional pages if necessary) See Exhibit `D' Page 1 State of Indiana County of C C..cr■ "APPLICANT" My Commission Expires My County of Residence r G B Developers II, LLC, an Indiana limited liability company By G B Managers an In Tana o its maj, ger By SS Thomas y, Chief Operating Offic r Before me, a Notary Public in and for said county and State, personally appeared Thomas Crowley, the Chief Operating Officer of G B Managers, Inc an Indiana corporation, the manager of G B Developers II, LLC, an Indiana limited liability company, and acknowledged the execution of the foregoing Rezone Application on behalf of such entity WITNESS my hand and Notarial Seal this day of a rn y 2010 (1L) Notary Public (Printed Signature) g ,SLY Ry NOTARY SEAL t BRENDA S RASNAKE Hendricks County My Commission Expires January 10 2015 Page 2 AL The undersigned, being the owner of the Real Estate hereby (i) signs and loins in this Rezone Application and (n) authorizes the Applicant along with its employees, engineers, land planners, attorneys, attorneys' employees and agents, as follows 1 To file with the Plan Commission of the City of Carmel (the "Plan Commission and the City Council of the City of Carmel (the "Council with respect to the Real Estate, (i) this Rezone Application, to amend Carmel's Zoning Map (rezone) from the S -2 (residential) District to the Planned Unit Development (PUD) District to allow a mixed -use development, and (n) for any other approvals that may be required or deemed necessary by the Applicant to develop the Real Estate to allow a mixed -use development (collectively the "Approvals 2 To pursue the Approvals before the Plan Commission, and any committees of the Plan Commission and the City Council, and any Committee of the City Council "Owner" JOINDER IN REZONE APPPLICATION AND OWNER'S CONSENT JEC Partnership, L P an Indiana limited ha lity partnership By j t f 77al/t Date hn N Pittman, general partner /z.74.0 Page 3 r r EXHIBIT "A" (CONTACT LIST" 1 Applicant G B Developers 1I, LLC Tom Crowley 600 East 96 Street, Suite 150 Indianapolis, IN 46240 Phone (317) 574 -7320 Email TCrowley @gershmanbrowncrowley com 2 Attorney /Land Use Professional Charles D Frankenberger Jon C Dobosiewicz Nelson Frankenberger 3105 E 98`" Street, Suite 270 Indianapolis, IN 46280 Phone (317) 844 -0106 Fax (317) 846 -8782 Email Charlie @nf -law com Email Jon @nf -law com 3 Engineer Alen Fetahagic American Structurepoint, Inc 7260 Shadeland Station Indianapolis, IN 46256 Phone (317) 547 -5580 Fax (317) 543 -0270 Email AFetahagic @structurepomt com 4 Architect Kevin M Zak Dorsky Hodgson Parrish Yue 23240 Chagrin Blvd Suite 300 Cleveland, Ohio 44122 Phone (216) 464 -8600 Fax (216) 464 -8608 Cell (216) 403 -3895 Email kzak @dhpy -arch com Company Website www dorskyhodgson com RECORDATION DATE INSTRUMENT NUMBER 10/11/91 9127260 10/11/91 91 27261 10/11/91 9127262 10/11/91 91 27263 10/11/91 9127264 5/8/92 9217780 5/8/92 9217781 5/8/92 9217782 5/8/92 9217783 5/8/92 9217784 3/21/94 9413236 3/2/194 9413237 3/2/194 9413238 3/21/94 9413239 3/21/94 9413240 10/6/95 9555180 10/6/95 9555181 10/6/95 9555182 10/6/95 9555183 10/6/95 9555184 EXHIBIT "B" RECORD OF OWNERSHIP DEED INFO EXHIBIT "C" (LEGAL DESCRIPTION) A A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows Commencing at the Northwest Corner of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, thence North 89 degrees 17 minutes 34 seconds East (assumed bearing) 117 22 feet along the North Line of said Northwest Quarter to the Southwest Corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East, to the point of beginning of the 70 174 acre tract of land described in the Quitclaim Deeds recorded as the following Instrument Numbers 9127260 to 9127264, 9217780 to 9217784, 9413236 to 9413240 and 9555180 to 9555184 by the Recorder of Hamilton County, Indiana and to the point of beginning of the 1 690 acre tract of land, (called Parcel 2) described in the Quit Claim Deed recorded as Instrument #200500026462 by said Recorder, thence South 13 degrees 00 minutes 48 seconds West 261 71 feet (measured 261 67 feet by deed) along the tenth course of the land description of said 1 690 acre tract of land (the North 13 degrees 01 minute 47 seconds East 261 67 foot long course) to its origin and to the Point Of Beginning of this description, thence South 13 degrees 00 minutes 48 seconds West 261 11 feet along the first course of the land description of said 70 174 acre tract of land (the South 12 degrees 59 minutes 10 seconds West 522 967 foot long course) to the West Line of said Northwest Quarter, thence South 00 degrees 03 minutes 30 seconds West 2,128 98 feet along the West Line of said Northwest Quarter to its Southwest Corner, thence North 88 degrees 57 minutes 32 seconds East 1,335 02 feet along the South Line of said Northwest Quarter to the Southeast Corner of the East Half of said Northwest Quarter, thence North 00 degrees 11 minutes 50 seconds East 995 35 feet along the East Line of the West Half of said Northwest Quarter to the f origin of the fifth course of the land description of said 70 174 acre tract of land (the South 88 degrees 30 minutes 17 seconds West 89 31 foot long course), the following two (2)courses are'"along the boundary of said 70 174 acre tract of land, 1) thence South 88 degrees 32 minutes 44 seconds West 89 31 feet, 2) thence North 00 degrees 11 minutes 31 seconds West 749 72 feet to a point called "324" in the land description of the 0 881 acre tract of land (called Parcel 2B) in the Quit Claim Deed recorded as Instrument #200500026462 by said Recorder, the following five (5) courses are along the boundary of said 0 881 acre tract of land, 1) thence South 89 degrees 48 minutes 29 seconds West 120 01 feet, 2) thence South 00 degrees 11 minutes 31 seconds East 10 00 feet, 3) thence South 89 degrees 48 minutes 29 seconds West 145 00 feet, 4) thence South 00 degrees 11 minutes 31 seconds East 10 00 feet, 5) thence South 89 degrees 48 minutes 29 seconds West 174 99 feet to the Eastern boundary of the 2 319 acre tract of land (called point "319" in the Parcel 2A land description) described in the Quit Claim Deed recorded as Instrument #200500026462 by said Recorder, the following three (3) courses are along the boundary' of said 2 319 acre tract of land, 1) thence South 00 degrees 11 minutes 31 seconds East 22 28 feet, 42) thence South 89 degrees 48 minutes 26 seconds West 130 00, feet, 3) thence North 00 degrees 11 minutes 34 seconds West 777 00 feet to the terminus of the third course (the South 89 degrees 48 minutes 36 seconds West 130 01 foot long course) (called point "310" in the Parcel 2 and Parcel 2A land descriptions) of said 1 690 acre tract of land, the following seven (7) courses are along the boundary of said 1 690 acre tract of land, 1) thence North 40 degrees 49 minutes 35 seconds West 119 71 feet, 2) thence South 88 degrees 32 minutes 44 seconds West 200 00 feet, 3) thence South 01 degree 27 minutes 16 seconds East 10 00 feet, 4) thence South 83 degrees 34 minutes 39 seconds West 115 43 feet, 5) thence South 68 degrees 30 minutes 03 seconds West 163 77 feet, 6) thence South 14 degrees 17 minutes 21 seconds West 131 35 feet, 7) thence North 76 degrees 57 minutes 39 seconds West 36 50 feet (measured, 36 78 feet deeded) to the Point Of Beginning, containing 63 661 acres, more or less xy b The subject real estate is designated by the Comprehensive Plan as "Employment Node" and "Area of Special Study," and is intended as a transition from' more intense development along U S 31 to residential development west of Sprir gmill Road The zoning ordinance prohibits residential development in this area, and the Comprehensive Plan emphasizes the need for retail services in this area Moreover, the development` allowed by the Bridges PUD is critical to the continued viability of the Meridian Corridor A Retail services are scarce to non existent in this area, are in high demand and are needed to enhance the quality of life and convenience for west side residents B High quality, commercial amenity nodes are needed and attract high quality employment uses along the U S 31 corridor C The development allowed by the Bridges PUD will synergistically build upon the economic benefits of the U S 31 corridor by maximizing its development potential H \Becky \Zoning Rcal Estat Matters \Gershma \I I(lh a, d Spn gmdl\Appl col o \REZONE APPLICATION doc EXHIBIT "0" COMPREHENSIVE PLAN 0. JAMES J. NELSON CHARLES p. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FILATT FREDRIC LAWRENCE JAMES A. NICKLOY CHRISTOPHER A. FERGUSON Angie Conn City of Carmel One Civic Square Carmel,I IN 46032 Enclosures The Bridges Lir to A Conn 121710 NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317- 844 -0106 FACSIMILE: 317- 846 -8782 December 17, 2010 Very truly yours, Jon C. Dobosiewicz Land Use Professional Rezone Application for the proposed Bridges PUD District NELSON FRANKENBERGER, P.C. January 19 TAC February 15 Plan Commission Public Hearing March 1 Special Studies Committee (Plan Commission (when forwarded out of committee) We will soon be conferring with you to discuss the request. Should you have any questions please do not hesitate to call. JON �C DOBOSIEWICZ, Land Use�;Pr ssional Re: Dear Angie: Enclosed you will find (i) a Rezone Application for the proposed Bridges PUD District, (ii) The Bridges PUD district ordinance, and (iii) a TAC distribution letter and mailing list. Our anticipated schedule is as follows: 236.00 West 116 Street Overlay 7one 236.01 District Boundaries 23G.02 Permitted Uses 23G.03 Height and Area Requirements 23G.04 Minimum T.ot Standards 230,05 Other Requirements 236.00 West 116 Street Overlay Zone. 23G.00.01 Purpose Intent and Authority The purpose of this zone is to protect the estate character of the area. This district is superimposed over the other primary zoning districts and its regulations shall supersede those of the primary zoning districts over which it is superimposed. The Plan Commission and Council, in establishing this zone, are relying on LC. 36 -7 -4 -100 et seq. 230.00.02 Plan Commission Approval A. Development Plan (DP) Not required. B. Architectural Desigri Exterior T.ighting, landscaping and Signage (ADI.S) Not required. 236.00.99 Appl lea tion Procedure A. Development Plan Not required. B. Architectural Desiol, Exterior Lighting, 1 andscaping and Siinage (AI)I S) Not required. 236.01 District Boundaries. The boundaries of the West 116 Street Overlay Zone are hereby established as shown on the Zoning Map. 236.01.01 23(3.01.02 230.01.03 CARMEL CITY CODE CHAPTER 10: ZONING SUBDIVISIONS ARTICLE 1: ZONING CODE CARMEL ZONING ORDINANCE CHAPTER 23G: WEST 116 STREET OVERLAY ZONE Chapter 230: West 116 Street Overlay Zone 230-1 as adopted per Z- 473 -05 Spring 2005 vl CITY OF CARMEL ZONING ORDINANCE Parcels in the P -1 /Parks District are exempt from the requirements of the Zone. Parcels in subdivisions platted as of the date of this ordinance are exempt from the requirements of the Zone. Portions of parcels extending beyond a depth of greater than or equal to 990 feet from the center line of 116 Street are exempt from the requirements of the Zone. 236.02 Permitted [ices. All Uses which are permitted in the underlying primary zoning district(s) are permitted in the Zone. CITY OF CARMEL ZONING ORDINANCE 23G.03 Heist and Area Requirements. 23G.03.01 Minimum Lot Area: No new lot may be created with an area less than three (3) acres. 230.03.02 Parcels in the Zone may not be platted as prescribed in Chapter 7 of the Subdivision Control Ordinance. 23G.04 Minimum Lot Standards. 23G.04.01 Minimum Front Yarc1: One hundred (100) feet. 23G.05 Other Requirementq. All other requirements not mentioned in this Chapter shall remain as stated for that primary zoning classification district mapped. Chapter 230: West 116 Street Overlay Zone 230 -2 as adopted per Z-473-05 Spring, 2005 v t CHAPTER 23G: WEST 116 STREET OVERLAY ZONE AMENDMENT LOG Chapter 23G: West 116 Street Overlay Zone 23G -3 as adopted per Z- 473 -05 Spring 2005 vs 1 CITY OF CARMEL ZONING ORDINANCE Ordinance No. Z- 473 -05 Docket No. 05010022 OA Council Approval April18, 2005 Effective Date April 18, 2005 Sections Affected ORDINANCE NO. D THE CITY OF CARMEL COMPREHENSIVE PLAN ORDINANCE Yec`q' Z_JS- 10 WHEREAS, the Common Council of the City of Carmel, Indiana, passed a comprehensive plan update to the Carmel -Clay Township Comprehensive Plan, by Ordinance D -454, as amended; and WHEREAS, the needs of the Carmel -Clay Community have changed requiring an amendment to the aforementioned Carmel -Clay Comprehensive Plan; and WHEREAS, it is in the best interest of the citizens of the City of Carmel and Clay Township that the comprehensive plan, Ordinance D -454, be amended; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, pursuant to Indiana Code 36 -7 -4 -500, et seq.,, and all acts amendatory or supplementary thereto, that Ordinance D -454 is amended as to the goals, objectives, and policies regarding Spring Mill Road and real property adjacent thereto, as follows: GOAL 6 GOALS OBJECTIVES 1. To support the Carmel Comprehensive Plan and its goals, objectives and policies as they relate to the Spring Mill Road corridor area; and 2. To define specific objectives and policies to secure the continuation of Spring Mill Road as a residential corridor. 1. To maintain the residential nature and integrity of Spring Mill Road from 96th Street to 146th Street; 2. Assure that when and as residential develop- ment occurs along Spring Mill Road, the quality of the existing natural environment will be preserved; and POLICIES Passed by the Common Council for the City of Carmel, Indiana, on the 1 day of 1988. ATTEST: n v4 ji STS AN W. JONES /Clerk- Treasurer ATTEST: SUSAN W. JONES /Clerk- Treasurer 3. Minimize the volume of traffic growth on Spring Mill Road. 1. Development shall maintain and protect the residential nature of Spring Mill Road from the western boundary of the 31 corridor to Spring Mill Road; 2. Recognize the existing unique and extensive tree cover in this residential corridor and the need to preserve a generous amount of this existing tree cover in conjunction with new replacement plantings as an integral part of a required development plan. 3. Maintain the natural beauty of the roadway by replacing lost trees and incorporating landscaping into road improvement plans; 4. Limit the number of driveway or access road cuts on Spring Mill Road; and 5. Provide for dedication of open space for any development occurring in the Spring Mill Road corridor area. 0 COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA By DOROTHY J NCOCK, PRESIDING OFFICER