HomeMy WebLinkAboutZ-459-04 Rezone OrdinanceORDINANCE NO. Z- 459 -04
SPONSOR: COUNCILOR RATTERMANN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, REZONING DISTRICT CLASSIFICATION
Rezoning a portion of Regency Realty Property 3.81 acres) located at 12202 N. Meridian and
adjacent real estate (f 4.805 acres) formerly comprising a part of Lots 10, 11 and 12 in Williams
Creek Farms Subdivision
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, the legal description and location map of which is attached hereto as
Exhibit A.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of
Cannel, 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 S -2 /Residence District and
the B -3 Business District Classifications to the B -6 Business 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Ordinance are hereby repealed.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 passage, and
presentation to and approval by the Mayor.
Ordinance No. Z- 459 -04 PASSED by the Common Council of the 7 Ciity of Carmel, Indiana this
day of November, 2004, by a vote of ayes and V nays.
e Griffiths, D it 4
filing Officer
ATTEST:
ATT T:
COMMON COUN IL FOR THE CITY OF CARMEL
T7
esident Pro Tempore
Diana L. Cordray, IAMC, Cler reasurer
Diana L. Cordray, IAMC, Clerk asurer
Kevin Ki
Mayo, District 3
Mark Ratt
Rick Sharp, Di net 1
Ordinance No. Z- 459 -04 Presented by me to the Mayor of the City of Carmel, Indiana this S
day of N 2004, at q .a/ P .M.
Diana L. Cordray, IAMC, Clerk -Tr;; rer
Ordinance No. Z- 459 -04 Approved by me, Mayor of the City of Carmel, Indiana, this 1
day of •44-U-Qrr i 2004, at q -P.M.
es Brainard, Mayor
-Large
This instrument was prepared by Michael C. Cook, Attorney at Law, WOODEN
McLAUGHLIN LLP, One Indiana Square, Suite 1800, Indianapolis, IN 46204.
EXHIBIT A
LEGAL DESCRIPTION
PARCEL NO. 1 (Rezoned from B -3 to B -6)
Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range
3 East in Hamilton County, Indiana, described as follows:
Commencing at the Southeast comer of the East Half of the Northwest Quarter of Section
35, Township 18 North, Range 3 East; thence North 00 degrees 02 minutes 42 seconds West
(assumed bearing) on the East line of said Northwest Quarter 1968.00 feet; thence South 88
degrees 51 minutes 53 seconds West parallel with the South line of said Northwest Quarter
916.93 feet Deed (924.34 feet measured) to the Westerly right of way line of local service road
#3 as per I.S.H.C. plans for Project No. STF -222 (9) dated 1973 for relocation of U.S. Highway
#31 and the place of beginning of the real estate herein described; thence South 88 degrees 51
minutes 53 seconds West parallel with said South line 403.21 feet to the West line of the East
Half of said Northwest Quarter; thence South 00 degrees 01 minutes 21 seconds East on said
West line 327.00 feet; thence North 88 degrees 51 minutes 53 seconds East parallel with said
South line 402.97 feet to the Westerly right of way line of the aforesaid service road; thence
North 00 degrees 01 minutes 08 seconds East on said right of way line 327.01 feet to the place of
beginning, containing 3.025 acres, more or less.
and
PARCEL NO. 2 (Rezoned from S -2 to B -6)
Lots 10, 11 and the east part of Lot 12 in Williams Creek Farms Subdivision, the plat of which is
recorded in Plat Book 8, Pages 1 -3 in the office of the Hamilton County Recorder, containing
4.805 acres, more or less. Also described as follows:
Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East
in Hamilton County, Indiana, described as follows:
Commencing at the Southeast corner of the Northwest Quarter of Section 35, Township 18
North, Range 3 East; thence South 88 degrees 52 minutes 28 seconds West (assumed bearing) on
the South line of said Northwest Quarter 1328.33 feet to the Southwest corner of the East Half of
said Northwest Quarter, said corner being collinear and equidistant between said Southeast
corner and the Southwest corner of said Northwest Quarter; thence North 00 degrees 01 minutes
09 seconds West 984.12 feet to the southeast corner of Lot Numbered 12 as recorded in the Plat
of Williams Creek Farms, Instrument Number 357, Plat Book 8, pages 1 -3 in the Office of the
Hamilton County Recorder also being the place of beginning of the real estate herein described;
thence continuing North 00 degrees 01 minutes 09 seconds West along the West line of said Plat
of Williams Creek Farms a distance of 749.00 feet to the northeast corner of Lot Numbered 10 in
said Plat of Williams Creek Farms; thence South 89 degrees 05 minutes 34 seconds West along
the north line of said Lot Numbered 10 a distance of 258.63 feet to a point on a non tangent
curve to the left with a radius of 810.00 feet, radius point being South 76 degrees 59 minutes 18
seconds East from said point; thence southerly along said curve a distance of 181.70 feet to a
point being North 89 degrees 50 minutes 26 seconds West from said radius point; thence South
00 degrees 09 minutes 34 seconds East a distance of 574.36 feet to a point on the south line of
said Lot Numbered 12; thence North 88 degrees 52 minutes 28 seconds East along said south Iine
of Lot Numbered 12 a distance of 281.33 feet to the place of beginning, containing 4.805 acres,
more or less and subject to rights -of -way and easements of record.
192553_ 1. DOC
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH A REZONING OF PROPERTY OR PLAN
APPROVAL
In accordance with I.C. 36 -7 -4 -613 or I.C. 36 -7 -4 -614, the owners of the real estate located in
Hamilton County, Indiana, which is described below, makes the following COMMITMENTS
concerning the use and development of the Real Estate:
Legal Description: See Exhibit "A" attached.
Statement of COMMITMENTS:
STATEMENT OF COMMITMENTS
1. Lighting within the parking lots west of the buildings to be constructed upon the
Real Estate "West Parking Lots shall be reduced by turning off the lights in the west two
thirds (2/3) of the West Parking Lots (whether or not the West Parking Lots include real estate
formerly comprising a part of Williams Creek Farms Subdivision) between the hours of 10:00
p.m. and 6:30 a.m. on weekdays (Monday through Friday) and 8:00 p.m. and 7:30 a.m. on
Saturday and Sunday of each week "Restricted Hours
2. Any lighting which washes the west face of either of the buildings proposed to be
constructed upon the Real Estate shall also be turned off during the Restricted Hours. This
commitment shall not, however, restrict lighting under the porte- cochere on the west side of
either building, or any low -level (not exceeding three feet (3') in height) lighting located within
landscaped areas adjacent to the west side of either Building or within the landscape islands
alternatively placed at the east end of the parking rows in the West Parking Lots.
3. Any light poles in any part of the West Parking Lots formerly comprising a part of
Williams Creek Farms Subdivision, shall not exceed fifteen feet (15') in height (measured for
purposes hereof at the central point of each pole).
4. No free standing cellular towers or other similar free standing towers shall be
permitted to be constructed anywhere upon the real estate.
5. Directory and building identification signage at each entrance to the West Parking
Lots off of Illinois Street shall be limited to low -level ground mounted signs a maximum of five
feet (5') in height which are either internally illuminated or illuminated by lighting fixtures which
are completely shielded, such signs to be located within a landscaped area at least equal to the
total sign surface area of each such sign and to otherwise comply with applicable Carmel -Clay
Land Use Regulations.
6. All roof -top equipment shall be screened from view by a parapet wall or screen
equal to or greater in height than equipment screened thereby.
2 -459 -04
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7. Trash pickup from the Real Estate shall not occur before 7:30 a.m. or after 6:30
p.m. on any weekday (Monday through Friday). Trash pickup shall not be permitted on Saturday
or Sunday.
8. No above ground structures or improvements shall be permitted within any part of
the development which was formerly a part of Williams Creek Farms Subdivision, except light
poles, low -level ground mounted directory and/or building identification signage otherwise
permitted by these commitments, a parking lot, driveways, landscaping, drainage facilities,
electrical panel boxes not exceeding five (5) feet in height, and drop -off boxes for mail pick -up
and deliveries.
These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate
and other persons acquiring an interest therein. These COMMITMENTS may be modified or
terminated by a decision of the Carmel Plan Commission made at a public hearing after proper
notice has been given.
COMMITMENTS contained in this instrument shall be effective upon the adoption of rezoning
Ordinance No. Z- 459 -04 by the Carmel Common Council changing the zoning classification of
the Real Estate from a S -2 Residence District and B -3 Business District zoning classification to a
B -6 Business District zoning classification, and shall continue in effect for as long as the above
described Real Estate remains zoned to the B -6 Business District zoning classification or until
such other time as may be specified herein.
These COMMITMENTS may be enforced jointly or severally by:
Z- 459 -04
1. The Carmel Plan Commission;
2. Owners of all parcels of ground adjoining the Real Estate to a depth of two (2)
ownerships, but not exceeding six hundred -sixty (660) feet from the perimeter of the Real Estate;
and,
3. No others.
The undersigned hereby authorizes the City of Cannel, Department of Community
Development, to record these Commitments in the office of the Recorder of Hamilton County,
Indiana, upon final approval of Ordinance No. Z- 459 -04.
IN WITNESS WHEREOF, owners have executed this instrument this day of
2004.
STATE OF INDIANA
6
REGENCY REALTY
By:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared
duly authorized managing member of Regency Realty, and who, having
been duly sworn, acknowledged the execution of the foregoing Statement of Commitments.
Witness my hand and Notarial Seal this day of 2004.
Notary Public
Printed Name of Notary Public
My Commission expires:
My County of residence:
STATE OF INDIANA
COUNTY OF
SS:
SS:
Before me, a Notary Public in and for said County and State, personally appeared Edward
Burns and Ann Burns, husband and wife, and as the Owners of a part of the Real Estate, after
having been duly sworn, acknowledged the execution of the foregoing Statement of
Commitments.
Z- 459 -04
Witness my hand and Notarial Seal this day of 2004.
Notary Public
Printed Name ofNotary Public
My Commission expires:
My County of residence:
7
Edward Burns
Ann Burns
STATE OF INDIANA
COUNTY OF
Z- 459 -04
Notary Public
SS:
Printed Name of Notary Public
My Commission expires:
My County of residence:
8
Brice Guckien
Noelle Guckien
Before me, a Notary Public in and for said County and State, personally appeared Brice
Guckien and Noelle Guckien, husband and wife, and as the Owners of a part of the Real Estate,
after having been duly sworn, acknowledged the execution of the foregoing Statement of
Commitments.
Witness my hand and Notarial Seal this day of 2004.
This instrument was prepared by Michael C. Cook, Attorney, One Indiana Square, Suite 1800,
Indianapolis, Indiana 46204. Phone (317) 639 -6151, Fax (317) 639 -6444, e-mail
mcook @woodmaclaw.com.
EXHIBIT A
LEGAL DESCRIPTION
PARCEL NO. 1 (Rezoned from B -3 to B -6)
Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range
3 East in Hamilton County, Indiana, described as follows:
Commencing at the Southeast corner of the East Half of the Northwest Quarter of Section
35, Township 18 North, Range 3 East; thence North 00 degrees 02 minutes 42 seconds West
(assumed bearing) on the East line of said Northwest Quarter 1968.00 feet; thence South 88
degrees 51 minutes 53 seconds West parallel with the South line of said Northwest Quarter
916.93 feet Deed (924.34 feet measured) to the Westerly right of way line of local service road
#3 as per I.S.H.C. plans for Project No. STF -222 (9) dated 1973 for relocation of U.S. Highway
#31 and the place of beginning of the real estate herein described; thence South 88 degrees 51
minutes 53 seconds West parallel with said South line 403.21 feet to the West line of the East
Half of said Northwest Quarter; thence South 00 degrees 01 minutes 21 seconds East on said
West Iine 327.00 feet; thence North 88 degrees 51 minutes 53 seconds East parallel with said
South line 402.97 feet to the Westerly right of way line of the aforesaid service road; thence
North 00 degrees 01 minutes 08 seconds East on said right of way line 327.01 feet to the place of
beginning, containing 3.025 acres, more or less.
and
PARCEL NO. 2 (Rezoned from S -2 to B -6)
Lots 10, 11 and the east part of Lot 12 in Williams Creek Farms Subdivision, the plat of which is
recorded in Plat Book 8, Pages 1 -3 in the office of the Hamilton County Recorder, containing
4.805 acres, more or less. Also described as follows:
Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East
in Hamilton County, Indiana, described as follows:
Commencing at the Southeast corner of the Northwest Quarter of Section 35, Township 18
North, Range 3 East; thence South 88 degrees 52 minutes 28 seconds West (assumed bearing) on
the South line of said Northwest Quarter 1328.33 feet to the Southwest corner of the East Half of
said Northwest Quarter, said corner being collinear and equidistant between said Southeast
corner and the Southwest corner of said Northwest Quarter; thence North 00 degrees 01 minutes
09 seconds West 984.12 feet to the southeast corner of Lot Numbered 12 as recorded in the Plat
of Williams Creek Farms, Instrument Number 357, Plat Book 8, pages 1. -3 in the Office of the
Hamilton County Recorder also being the place of beginning of the real estate herein described;
thence continuing North 00 degrees 01 minutes 09 seconds West along the West line of said Plat
of Williams Creek Farms a distance of 749.00 feet to the northeast corner of Lot Numbered 10 in
said Plat of Williams Creek Farms; thence South 89 degrees 05 minutes 34 seconds West along
the north line of said Lot Numbered 10 a distance of 258.63 feet to a point on a non tangent
curve to the left with a radius of 810.00 feet, radius point being South 76 degrees 59 minutes 18
seconds East from said point; thence southerly along said curve a distance of 181.70 feet to a
point being North 89 degrees 50 minutes 26 seconds West from said radius point; thence South
00 degrees 09 minutes 34 seconds East a distance of 574.36 feet to a point on the south line of
said Lot Numbered 12; thence North 88 degrees 52 minutes 28 seconds East along said south line
of Lot Numbered 12 a distance of 281.33 feet to the place of beginning, containing 4.805 acres,
more or less and subject to rights -of -way and easements of record.
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2.459 -04
192553 I.DOC
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