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HomeMy WebLinkAboutCorrespondence CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO REZONE PROPERTIES GENERALLY LOCATED ALONG MAIN STREET, BETWEEN OLD MERIDIAN STREET AND GUILFORD ROAD PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-449-04 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Comn~ssion offers you the following report on the application (Docket No. 04020030 Z) of The City of Carmel - Department of Community Services petitioning the Conaa',ission for a favorable reco~aendation to rezone properties generally located along Main Street, between Old Meridian Street and Guilford Road from the various Old Meridian Overly Sub areas to the OM/MU - Old Meridian/Mixed Use Zoning designation: The Carmel/Clay Plan Commission's reco,a~endation on the petition of the applicant is "FAVORABLE." At its regularly scheduled meeting on April 20, 2004, the Carmel/Clay Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Co~al~on Council the proposed Ordinance No. Z-449-04 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, p~suant to IC 36-7- 4-608(0(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 Cer6ficafion (Apx~l 23, 2004) is Thursday, July 22, 2004. ATTEST: ~ona #~nc~k, ~c~tary Carmel Plan Commission Dated: April 23, 2004 2004-0423; Z-4~9-04; O ldMe~'idian-Mixe dU se Rezone Certification CARMEL I~LAN COMe, MISSION Leo Dier~ldnan, ~re-sldent///~_~ Received Carmel _ Clerk. Treasur~ RESOLUTION NO.. RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION AMENDING AND EXPANDING THE OLD MERIDIAN STREET ECONOMIC DEVELOPMENT AREA AND ALLOCATION AREA WHEREAS, the City of Carmel Redevelopment Commission (the "Commission") by Resolution No. 1-2002 adopted on February 28, 2002 (the "Declaratory Resolution") created the Old Mcr/dian Street Economic Development Area and the Old Meridian Street Allocation Area (the "Old ] Allocation Area"), and approved the Old Meridian Street Economic Development Plan (the "Original Plan"); and WHEREAS, the Commission now desires to amend and expand the Old Meridian Street EDA and the Old Meridian Street Allocation Area, and to approve the incorporation of the Original Plan into the 2004 Integrated Economic Development Plan & Amended Redevelopment Plan (the "2004 Integrated Plan") in the form presented at this meeting; NOW, THEREFORE, BE IT RESOLVED by the City of Cannel Redevelopment Commission as follows: 1. The Commission hereby expands the Old Meridian Street EDA to include the additional area set forth in Exhibit A hereto (the "2004 Expansion Area"). 2. The Commission hereby approves the incorporation of the Original Plan into the 2004 Integrated Plan, and approves of the amendments to the Original Plan as set forth therein. 3. The Commission hereby finds that the 2004 Integrated Plan for the 2004 Expansion Area promotes significant opportunities for the gainful employment of its citizens, attracts a major new business enterprise to the City, reta/ns or expands a significant business enterprise existing in the boundaries of the City, and meets other purposes of Sections 2.5, 41 and 43 of the Act, including without limitation benefiting the public health, safety and welfare, increasing the economic well-being of the City and the State of Indiana (the "State"), and serving to protect and increase property values in the City and the State. 4. The Commission hereby finds that the 2004 Integrated Plan for the 2004 Expansion Area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed under Sections 2.5, 41 and 43 of the Act because of lack of local public improvement, existence of improvements or conditions that lower the value of the land below that of nearby land, multiple ownership of land and other similar conditions, including without limitation the cost of the projects contemplated by the 2004 Integrated Plan and the necessity for requiring the proper use of the land so as to best serve the interests of the City and its citizens. 5. The Commission hereby finds that the public health and welfare will be benefited by accomplishment of the 2004 Integrated Plan for the 2004 Expansion Area. allocation and distribution is made or Co) the base assessed value shall be allocated to and, when collected, paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall bc allocated to the redevelopment district and, when collected, paid into an allocation fund for said allocation area that may be used by the redevelopment district to do one or more of the things specified in Section 39Co)(2) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission. Except as otherwise provided in the Act, before ~'uly 15 of each year, the Commission shall take the actions set forth in Section 39Co)(3) of the Act. ' 15. The foregoing allocation provision shall apply to all of the 2004 Expansion Area and shall expire on the date that is thirty (30) years after the effective date of this Resolution. 16. Said allocation area is hereby incorporated as part of thc Old Meridian Street Allocation Area; provided, however, that nothing contained in this Resolution shall be construed to affect any previously established "base assessment" or "base assessment date" in the Old Meridian Street Allocation Area. 17. Each officer of the Commission is hereby authorized and directed to make any and all required filings with the Indiana Department of Local Government Finance and the Hamilton County Auditor in connection with the creation of said allocation area. 18. The provisions of this Resolution shall be subject in all respects to the Act and any amendments thereto. 19. This Resolution, together with any supporting data, including the 2004 Integrated Plan, shall be submitted to the Cannel Plan Commission (the "Plan Commission") and the Common Council of the City (the "Common Council") as provided in the Act, and, if approved by the Plan Commission and the Common Council, shall be submitted to a public hearing and remonstrance as provided by the Act, after public notice as required by the Act. 20. Each officer of the Commission is hereby authorized and directed, for and on behalf of the Commission, to take any action determined by such officer to be necessary or appropriate to effect this Resolution, such determination to be conclusively evidenced by such officer's having taken such action, and any such action heretofore taken is hereby ratified and approved. 21. This Resolution shall be effective upon its adoption. 3 Exhibit A DESCRIPTION OF 2004 EXPANSION AREA TO OLD MERIDIAN STREET ECONOMIC DEVELOPMENT AREA Beginning at the point of intersection of the northwestern right of way line of Old Meridian Street, with the southeastern and western boundaries of parcel number 17-09-26-04-01-034.000 then proceeding southwestward, along the northwestern right of way line of Old Meridian Street for a distance of 300 lineal feet, the proceeding directly westward, across parcel number 16-09-26-00-00-015.000, to the point of intersection with the eastern right of way line of Pennsylvania Street, then directly westward, across the right of way of Pennsylvania Street to point of intersection with the western right of way line of Pennsylvania Street, then northward along the western right of way line of Pennsylvania Street to the point of intersection with the southern right of way line of Main street (a.k.a. 131't Street), then proceeding westward, along the south right of way line of Main Street, to the point of intersection with the east right of way line of US Highway 31, then proceeding northeastward, on a curvilinear alignment, along the east]south right of way line of US 31 to the point of intersection with the west right of way line of Guilford Avenue, then ,south along the west right of way line of Guilford Avenue, to the point of intersection with the south right of way line of Main Street, then west along the south right of way line of Main Street to the northwest corner of parcel number 16-09- 25-03-01-004.000, then south along the western boundary of parcel number 16-09-25-03-01-004.000, to the southwest corner of said parcel, then westward along the southern boundaries of parcels numbered 16-09-25-03-01-003.000 & 16-09-25- 03-01-002.000, to the southwest corner of parcel 16-09-25-03-01-002.000, then southward along the eastern boundaries of parcels numbered 16-09-26-04-02-005.000, 16-09-26- 04-02-006.000, '~6-09-26-04-02-007.000, 16-09-26-04-02-008.000, 16-09-26-04-02-009.000, & 16-09- 26-04-02-010.000, to the southeast comer of parcel number 16-09-26-04-02-010.000, then westward along the southern boundary of parcels numbered 16-09-26-04-02-010.000 & 16-09-26- 04-02-012.000, to the northeast corner of parcel number 16-09-26-04-02-013.000, then southward along the eastern boundary of parcels numbered 16-09-26-04-02-013.000, 16-09-26-04- 02-014.000, & 16-09-26-04-02-015.000, to the southeast corner of parcel number 16-09-26-04-02- 0~5.000, then westward, along the southern boundary of parcel nurnber 16-09-26-04-02~015.000, to the point of intersection with the southeast right of way line of Old Meridian Street, then directly westward across the right of way of Old Meridian Street to the point of intersection with the northwestern right of way line of old Meridian street, SPONSOR: ...OUNCILOR RATTERMANN ORDINANCE NO. Z-4##-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARME 1NDIANA, REZONING DISTRICT CLASSIFICATION Rezoning properties along Main Street from the Old Meridian / Multi Family and Old Meridian / Special Use District Classification (tf~ to the Old Mertd~an / Mtxed Use Dtstrtct Classification , WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully adopted a zoning ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which zoning ordinance has been codified in Chapter 10 of the Carmel City Code; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the map that is part of the zoning ordinance; and WHEREAS, the Carmel/Clay Plan Commission has favorably recommended the rezoning of the real property, a description of which is attached hereto as Exhibit A, and shown graphically on Exhibit B attached hereto and incorporated herein. NOW, THEREFORE, BE 1T ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby changed to designate the real property from the Old Meridian / Multi Family and Old Meridian / Special Use District Classification to the Old Meridian / Mixed Use District Classification. Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. of PASSED by the Common Council of the City of Carmel, Indiana this __ 2004, by a vote of ayes and nays. day oq02 7o 0 Z Exhibit B - Subject Map ORDiNANCE NO. Z-4#//-04: Parcel Map COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Ronald E. Carter, President Pro Tempore Fredrick J. Glaser Joseph C. Griffiths ATTEST: Kevin Kirby Brian D. Mayo Mark Rattermann Richard L. Sharp Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this __ at .M. Approved by me, Mayor of the City of Carmel, indiana, this __ at .M. ATTEST: day of 2004, Diana L. Cordray, IAMC, Clerk-Treasurer day of 2004, James Brainard, Mayor Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel/Clay Plan Commission Attorney One Civic Square Carmel, 1N 46032 Exhibit B - Subject Map ORDINANCE NO. Z-4##-04: Parcel Map d by City of Corrnel GIS Bosed on property doto [~ ,tment'of Community Services Homllton County, lndlo/ ORDINANCE NO. Z-4##-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING DISTRICT CLASSIFICATION Rezoning multiple properties along Main Street from the OM/MF: Old Meridian / Multi Family and OM/SU: Old Meridian / Special Use District Classification to the OM/MU: Old Meridian/Mixed Use District Classification WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully adopted a zoning ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which zoning ordinance has been codified in Chapter 10 of the Carmel City Code; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the map that is part of the zoning ordinance; and WHEREAS, the Carmel/Clay Plan Commission has favorably recommended the rezoning of the real property, a description of which is attached hereto as Exhibit A, and shown graphically on Exhibit B attached hereto and incorporated herein. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. That the Official Zoning Map accompanying and made'part of the Zoning Ordinance is hereby changed to designate the real property from the Old Meridian / Multi Family and Old Meridian / Special Use District Classification to the Old Meridian / Mixed Use District Classification. Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ord.### PASSED by the Common Council of the City of Carmel, Indiana this __ day of 2004, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Ronald E. Carter, President Pro Tempore Fredrick J. Glaser Joseph C. Griffiths ATTEST: Kevin Kirby Brian D. Mayo Mark Rattermann Richard L. Sharp Diana L. Cordray, IAMC, Clerk-Treasurer Ord.### Presented by me to the Mayor of the City of Carmel, Indiana this 2004, at .M. day of Diana L. Cordray, IAMC, Clerk-Treasurer Ord.### Approved by me, Mayor of the City of Carmel, Indiana, this 2004, at .M. ATTEST: day of James Brainard, Mayor Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel/Clay Plan Commission Attorney One Civic Square Carmel, IN 46032 Exhibit B - Subject Map ORDiNANCE NO. Z-4##-04: Parcel Map EXHIBIT A PROPERTY DESCRIPTION Generally located along Main Street, between Guilford Road and Old Meridian Street: 16-09-25-01-01-009.000 16-09-25-01-01-008.001 16-09-25-01-01-008.000 16-09-25-01-01-007.000 (part) 16-09-25-01-01-006.000 16-09-25-01-01-006.001 16-09-26-04-02-002.000 16-09 -26-04-02 -001.000 16-09-25-03-01-001.000 16-09-25-03-01-002.000 16-09-25-03-01-006.000 16-09-25-03-01-007.000 Exhibit B - Subject Map I z q qq ~t rvu~ c,o~ ,~ ORDINANCE NO. Z-4##-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING DISTRICT CLASSIFICATION Rezoning properties along Main Street from the Old Meridian / Multi Family and Old Meridian / Special Use District Classification to the Old Meridian/Mixed Use District Classification WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully ad?t.e~' a zoning ordinance, the terms of which are applicable to the geographic area consisting~f~the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay~T~wnship, Hamilton County, Indiana, which zoning ordinance has been codified in Chafer 10of the Carmel City Code; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the C/orfimon C/o/ancil is autl~rized to amend the map that is part of the zoning ordinance; and WHEREAS, the Carmel/Clay Plan Conunission has of the real property, the legal description NOW, THEREFORE, BE IT by Carmel, Indiana, as follows: the rezoning Council of the City of Section 1. That the Official Zoning Ordinance is hereby ch/al~,erl~designate the Classification to the P-[/Parks and made part of the Zoning from the S,1/Residence District Section 2. All s or parts thereof inconsistent with any provision of this Ordinance are hereby Sex, tion-~s in full force/a~ effect from and after its passage and sign~ ~y the Mayor.~--~ ~ PASSED by th-~Common Coun~gff of the City of Cannel, Indiana this day of ~ 2004, bra vote of_~ ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Ronald E. Carter, President Pro Tempore Fredrick J. Glaser Kevin Kirby Brian D. Mayo Mark Rattermann Richard L. Sharp Joseph C. Griffiths ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this __ at .M. day of 2004, Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this __ at .M. day of 2004, ATTEST: James Brainard, Mayor Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: John R. Molitor Carmel/Clay Plan Commission Attomey One Civic Square Carmel, IN 46032 EXHIBIT A LEGAL DESCRIPTION EXHIBIT A PROPERTY DESCRIPTION Generally located along Main Street, between Guilford Road and Old Meridian Street: 16-09-25-01-01-009.000 16-09-25-01-01-008.001 16-09-25-01-01-008.000 16-09-25-01-01-007.000 (part) 16-09-25-01-01-006.000 16-09-25-01-01-006.001 16-09-26-04-02-002.000 16-0%26-04-02-001.000 16-09-25-03-01-001.000 16-09-25-03-01-002.000 16-09-25-03-01-006.000 16-09-25 -03 -01-007.000 DATE TAKEN: TIME TAKEN: ADJOINER (NOTIFICATION LIST) NAME OF PROPER OWNER: I v1411al n41 w$ NAME OF PETITIONER: C'~'L'{ 0 LEGAL DESCRIPTION OR PARCEL NUMBER OF PROPERS. ~o~Z ZONING AUTHOR~ ( ~el [ ) ~ APPLYING TO: ( ~er TYPE OF VARIANCE APPLYING FOR: LAND USE VARIANCE REQUIREMENTVARIANCE SPEC~L USE OTHERVARIANCE SIGNATURE OF APPLICANT: DATE: , -18-Oq NAME AND PHONE NUMBER OF PERSON TO CONTACT: AV~.~i~, '~o'Hey. ~R~'~/. ZL~I7 ORDER TAKEN BY: * NOTE * -- DUE TO VOLUME AND TURN AROUND, ORDERS TAKE 3-5 BUSINESS DAYS FOR PROCESSING. TRANSFER AND MAPPING WILL APPROPRIATELY NOTIFY THE CONTACT WHEN THEIR ORDER IS READY TO BE PICKED UP. Exhibit B - Subject Map ORDINANCE NO. Z-4##-04: Parcel Map One Civic Square Carmet, iN 46332. (317) 571-2417 F~c. (317) 571-2426 Fax CC: [] Urcjent [] For Review [] Please Comment [] Please Reply [] Please Recycle c~ll / q- _~ ~;I/ hc c~p. Tho~Jz. you ] To: Subject: Babbitt, Pamela A Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C; Stahl, Gayle H; Pohlman, Jesse M Docket Number Assignments:(Z) Old Meridian/Mixed Use Rezones (12); #04020030 Z Pam, Please print and update the files. I have issued the necessary Docket Number for the (Z) Old Meridian/Mixed Use Rezones (12). It will be the following: Docket No. 04020030 Z Total Fee: $0.00 Docket No. 04020030 Z: Old Meridian/Mixed Use Rezones (12) The applicant seeks to Rezone 12 parcels to OMFMU- Old Meridian Mixed Use in the Old Meridian District. Filed by Carmel Department of Community Services. Petitioner, plea~g: 1. These Items~w.il..~t .b~pl~..ed..on. an agenda of the Technical Advisory Committee. 2. Mailed and Publistl'~CPffblic Notice needs to occur no later than Friday, March 5. Published notice is required within the Indianapolis Star. 3. Proof of Notice will need to be received by this Department no later than noon, Friday, March 12. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no later than noon, Friday, March 5. Failure to submit Informational Packets by this time will result in the tabling of the petition to the Tuesday, April 20, 2004, agenda of the Plan Commission. 5. The Items will appear on the March 16, 2003 agenda of the Plan Commission und~s. ,~ Committee.6' The ltems may also appear on the March 30, 200q agenda ofthe Plan Commissio~bdi,.es..~-~ (° 7. Please refer to your instruction sheet for more detail. Jon Dobosiewicz is the contact at 571-2417 (Fax: 571-2426) for this information. Once the file is updated please return it to Jon's office. Angie Butler