HomeMy WebLinkAboutApplication PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CAP. JVlEL/CLAY Z~.QN~LG
ORDINANCE /,~-~..~.
(F~I:7ONE APplICATION)
.... $500 plus $25.00 per acre
Docket No.:
Ralph [, W'[lfon§ Trustee (Tract: T) &
NameofOwner:Car'"ei ])rive Associates PhoneNo.:() 317- 574-3700
(Tract .T.I)
Address of Owner: c/o Dhilip A. R±cely, Bose McKinney & Evans
8~88 Keystone Crossing, Suite 1500
Indianapolis, IN 46240
Instrument # 9561347 (Tract I) & Instrument # 9222785 (Tract
Record of Ownership: ~ ~ ~
Legal Description (Use additional page[s] if necessary):
(See attached)
Common Address of Property Involved (or General Description if no Address Exists):
The 4.382 acre tract located northwest of the Kevsto~ W~y
stub street located north of Carmel Drive.
Proposed Zoning Change: From the B8 District to the s3 District, for the property
shown outlined in red on the map attached hereto, which is made a part of this petition.
Statement of compliance with the CarmeVClay Comprehensive Plan
(use additional pages if necessary):
This area is intended to contain a variety of commercial and office uses in a
shopping center ty~e environment which may include one or more unified shopping
centers and/or one or more commercial and office buildings. The B3 District
establishes more stringent requirements in order to better regulate businesse~
mn transzt~ona£ locatlons ~wn~c~ the subject site is) and in primarily newly
develooinm a~eas (with this area actually being a re-develo~ t a ea
Revised~O/'4/95 ~:~rm~e~ene.a pp
AFFIDAVIT
(I or We), being duly sworn, depose and say that (I or We) (am or are) the (owner or
owners) of Fifty Percent (50%) or more of the property involved in this application and
that the foregoing signatures, statements, and answers herein contained and the
information herewith submitted are in all respects true and correct to the best of (my or
our) knowledge and belief.
Ralph L. Wilfon~ Trustee
Name
c/o Philip A. Nicely
Address $88s Keystone Crsng.,
Indianapolis, IN 46240
City, State
#1500
Carmel Drive Associates
Name
c/o Philip A. Nicely
Address 8888 Keystone Crsng., #1500'
Indianapolis, IN 46240
City, State
The applicant,correspondent, or agent (if different.~/c~'.~_,or~/s) ~..._~
Name ~ame // ' '
(317) 5~X-3700
Telephone Telephone
February 19, 1999
Date Date
State of Indiana )
) ss:
County of Marion )
Before me the undersigned, a Notary Public for Marion
(officer's county of residence)
County, State of Indiana, personally appeared Philip A. Nicely
(name of person)
and
acknowledged the execution of the foregoing instrument this Zgth day of
February , 1999.
'~'SEA'L and ~ignature)~
Steven B. Granner
(printed or typed)
s:\forms~'ezone.app
My commission expires:.
10/95
10-14-2000
~ON
R-2
PARK.
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R-4
'PARKSIDE
GRADLE.~_
-3
R-4
R-2
AuMINS
ADDITION
VILLAGt
'B-8
B ~
[3
)NNY B P.,OOK-
NNYBROOK WOODS
[CHO
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~R-4
AND
OF
R~4
COMMITMENTS CONCERNIN. G THE DEVELOPMENT
AND USE OF REAL ESTATE
In accordance with Indiana Code SeoUon 36-7-4-615, Ralph L Wilfong Trustee and
Carmel Drive Associates (hereafter lhe "Owners'}, the owners of the following described
Real Estate located in Hamilten County, Indiana (hereafter the 'Real Estate") make the
fo{lowing COMMITMENTS concerning the use and development of the Real Estate to the
Cannel/Clay Plan Commission (hereafter "Commission'}.
1. Descriotion of Real Estate:
See Exhibit A ('Real Estate')
2, Docket NO; 23--gg-z
Statement of Commitments: Ov~er makes the following commitments
relating to the Real Estate:
The Real Estate shaft be developed substantially consistent with the
plans and elevations, including the landscape plan, file dated
February lg, 1999, as amended by the revised site plan file dated
May 17, 1999.
Secur'~y lighting for the Real Estate shall be limited to (a) two (2)
thirty-five (35) foot poles, with two (2) down-type lighting fixtures on
each pole, to be located in the accessory pmldng area, (b} three (3)
ground moun~¢l building accent lights to be located along the east
facade of the offioehLoartment building and (o) wall lights. All wall
lights shall be located on the ~'derior of lhe development and no wall
lights shall be lecated on the south facade of Building 2, the west
facade of Building 3, the east facade of Building 9, and the north
facacie of Buildings '10 and 11, as indicated on the site plan file dated
May 17, 1999.
The minimum setback ~__~itdino 3 from the 'wasl~ omoertv line shall
be thirty-five (35) feet. The minimum eattraok of Building 2 from the
south ixopen~Y line shal~ be twentv4our and eighty-six hundredths
(_24.86) feet... ~wner agrees to dedicate_ within sixty ~60} days after
~lhe Carfl~al Rr~r~ Af t,~qffffl~ =.r~. rnvae fundil~~ ~ the necE3a~tlry lind
~-~_~.'_~n. for the corm _ec~br___ road, a trianaulir area nf
from the southwest corner of the Real Estate, within the above-
~rr~erltioned minimum setback areas, to the Ck~ of Carmel to ellaw for
,the construction eT a connector__ road. The exact ama to be dedicated
shall be deCennT~ the Carmel City Engineer and shall not
interlem w~n me proposecl location of Buildinaa 2 or 3 and shall not
i.~ntertere with the proposed detention area ~ south ~ Buildin~l
2. Owner shall erect~ at owner's expense~ barriem to protect_
I~uil~incls 2 and 3 from any new connecl~ mad which is constructed~.
4. _Bindincl8uccessom and Ass'~ns: These Commitments a. re binding on the
Owners of the Real Estate and each other person acquiring an interest tn Ihe Real Estate,
unless modified or terminatad bythe Cammi~ion. These Commitments may be modified
or terminated only by a decision of the Commission made at a public hearing aft~ notice
as provided by the roles of the Commission or as othenvise provided by I.C. 36-7-4615.
5. I~ .ffective Date: The Commitments oontained herein shall be effective upon
the adoption of an ordinon~e by the Carmel City Council changing the zoning classification
of the Real Estate desc~ribecl on Exhibit A from the B-8 Business District to the B-3
Business District.
8. ~ The undersigned hereby authorizes the Director of Community
Development, or the Secretary of the Carmel/Clay Plan Commission, to record these
commitments in the office of the Recorder of Hamilton County, Indiana upon adoptJan of
the ordinance referl~l to in paragraph 5 alcove.
7. E~forcement'. These commitments may he enforced by the Carmel/Clay
Plan Comraission.
IN WITNESS WHEREOF, Owner has executed this instrument this
day of ,1999.
RALPH L. WILFONG TRUSTEE
By:
Printed:
Title:
STATE OF INDIANA
COUNTY OF MARION
The undersigned, a Notary Public in and for said County and State, acknowledged
the execution of the foregoing commitments by
WITNESSETH this .------- day of ,1999.
My Commission Expires:
Notary Public
Printed Signetum
County of Residence:
iN WITNESS WHI=REOF, Owner has executed this instrument this
dayof ,1999.
CARMEL DRIVE ASSOC[ATEE,
Printed:
Title:
STATE OF iNDIANA )
) SS:
COUNTY OF MARION )
The undersigned, a Notary Public in and for said County and State, acknowledged
the execution of the foregoing commitments by
WITNESSETH this day of ,199g.
My Commission Expires:
Notapj Public
~-rinted Signature
County of Residence:
'rhis Instrument was pref~ared by Philil~ A. Nicely, Attorney at Law. Bose M~'~nney & Evans, 8888 Keys~ne
Crossing, Suite 1500, Indianapolis, IN 46240
CITY OF CARMEL
DEPARTMENT OF COMMUNITY SERVICES
TRANSMITTAL
Date:
To:
From:
Mark T. Monroe, AICP
Department of Community Services
One Civic Square
Carmel, IN 46032
ph. 317 571 2417 fax 317 571 2426
~ The material you requested V! For your infomtion
J~For review and comment FI For approval
Quantity/Description
Copies to:
sAforms\transmit
CERTIFICATION OF PLAN COMMISSION
RECOMMENDATION ON ORDINANCE
TO CHANGE THE OFFICIAL ZONING MAP
FOR THE CITY OF CARMEL AND
CLAY TOWNSHIP PURSUANT TO
INDIANA CODE 36-7-4-605
TO:
The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you the following report on the application of
Skinner and Broadbent Company, (copy attached) petitioning the Commission to rezone
the following real estate located in Hamilton County, Indiana, to-wit:
A 4.382 acre tract located northwest of the Keystone Way
stub street located north of Carmel Drive, (No common address
exists.)
from Zone Classification B-8/Business District to the B-3/Business District.
The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is
NO RECOMMENDATION.
At ks regularly scheduled meeting of May 18, 1999, the Carmel/Clay Plan Commission
voted a "No Recommendation" on the requested Rezone. The vote was 6 in Favor, 5
Opposed (Leo Dierckman; Ron Houck; Norma Meighen; Jim O~!'eal; and Pat Rice); Ken
Broach, abstaining due to a conflict of interest, Marilyn Anderson and Paul Spranger, no
vote.)
CARMEL/CLAY PLAN COMMISSION
David A. Cremeans, t~resldent
~m~.~.~ ./~,,,dST: ' ,~
a Hancock, Secretar~
DATED: May 24, 1999
Y