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Home My WebLink AboutPacket 10-16-12 Supplement o11'EgRMFe ; , , City of /NDIA-V CARMEL PLAN COMMISSION -MEMORANDUM- Date: October 11, 2012 To: Plan Commission Members From: Adrienne Keeling Department of Community Services Re: October 16th Plan Commission meeting—Docket No. 12080007 Z Enclosed is supplemental information for the following item. If you have any questions, please give me a call at 571-2417. Docket No. 12080007 Z: Old Town Neighborhood Rezone. The applicant seeks approval to rezone 22 parcels from the B-1/Business, B-3/Business and B-5/Business District Classifications within the Old Town District Overlay Zone, Character Sub-Area to the R-3/Residence, R-4/Residence and B-5/Business District Classifications within the Old Town District Overlay Zone, Character Sub-Area. The properties are located along 1st Avenue NW, 1st Avenue NE, 2nd Avenue NE, 1st Street NE, 2nd Street NE and 5th Street NE. Filed by the Carmel Department of Community Services. Attached for your review is the Rezoning Ordinance, which includes a draft of the B-5 Use Commitments as Exhibit C. At the time of this report, the Department has only had verbal communication with property owners regarding commitments. There are still 2 property owners that have not been reached. The Department recommends most of these properties move forward with a favorable recommendation to the City Council. However, since discussions are pending regarding Use Commitments, we recommend the B-5 parcels be separated into separate Ordinances, to be moved forward to Council only as progress with individual property owners become clearer. 2012-1016:12080007 Z;PC Supplemental Memo.docx Page 1 ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417 Sponsor: Councilor Rider ORDINANCE Z-5##-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING PROPERTIES ALONG THE MONON GREENWAY Rezoning properties in the Old Town Area from the B-1/Business, B-3/Business and B-5/Business District Classifications within the Old Town District Overlay Zone, Character Sub-Area to the R-3/Residence, R- 4/Residence and B-5/Business District(with use commitments) Classifications within the Old Town District Overlay Zone, Character Sub-Area 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 City Council of the City of Carmel, Indiana received a recommendation from the Carmel Advisory Plan Commission on Tuesday, , 2012, regarding the rezoning of the real property as described in Exhibit A, and which is illustrated in the location map of Exhibit B also attached hereto. 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 real property from the from the B-1/Business, B-3/Business and B-5/Business District Classifications within the Old Town District Overlay Zone, Character Sub-Area to the R-3/Residence, R- 4/Residence and B-5/Business District Classifications within the Old Town District Overlay Zone, Character Sub-Area. Further, those properties which are rezoned to the B-5/Business District Classification pursuant to this Ordinance, shall authorize a Commitment to limit uses on the Real Estate as shown in Exhibit C attached hereto. 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. PASSED by the Common Council of the City of Carmel, Indiana this day of , 2012, by a vote of ayes and nays. EXHIBIT A PROPERTY DESCRIPTION Rezone of properties in the Old Town District located along 1st Avenue NW, 1st Avenue NE, 2nd Avenue NE, 1st Street NE, 2nd Street NE and 5th Street NE, more specifically: LEGAL DESCRIPTION ADDRESS ZONING PARCEL NUMBER Lot 1, Henry Roberts 121 1ST AVE NW B3 to R4 16-09-25-12-02-030.000 Lot 3, Henry Roberts 141 1ST AVE NW B3 to R4 16-09-25-12-02-032.000 Lot 35 (pt), Lot 36 (pt), CW Weidlers 440 2ND AVE NE B5 to R3 16-10-30-05-02-016.000 Lot 35 (pt), Lot 36 (pt), CW Weidlers 121 5TH ST NE B1 to R3 16-10-30-05-02-017.000 Lots 4 &5, CW Weidlers 431 1ST AVE NE B1 to R3 16-10-30-05-02-021.000 Lot 6, CW Weidlers 441 1ST AVE NE B1 to R3 16-10-30-05-02-022.000 Lot 31, D Wilkinson 120 1ST AVE NE B1 to B5* 16-10-30-09-01-014.000 Lot 32, D Wilkinson 32 1ST AVE NE B1 to B5* 16-10-30-09-01-015.000 Lot 3, CW Weidlers 421 1ST AVE NE B1 to R3 16-10-30-09-02-001.000 Lot 7 (pt), Carey Addition 140 1ST ST NE B1 to B5* 16-10-30-09-02-017.000 Lot 9 (pt), Carey Addition 105 1ST ST NE B1 to B5* 16-10-30-09-02-020.000 Lots 11 & 12, Carey Addition 141 1ST AVE NE B1 to R3 16-10-30-09-02-022.000 Lot 1, DE Wilkinson 110 2ND ST NE B1 to R3 16-10-30-09-02-023.000 Lot 10, DE Wilkinson 221 1ST AVE NE B1 to R3 16-10-30-09-02-024.000 Lot 11, DE Wilkinson 231 1ST AVE NE B1 to R3 16-10-30-09-02-025.000 Lot 20, DE Wilkinson 241 1ST AVE NE B1 to R3 16-10-30-09-02-026.000 Lot 21, DE Wilkinson 311 1ST AVE NE B1 to R3 16-10-30-09-02-027.000 Lot 82, CW Weidlers 321 1ST AVE NE B1 to R3 16-10-30-09-02-028.000 Lot 81, CW Weidlers 0 1ST AVE NE B1 to R3 16-10-30-09-02-029.000 Lot 82 &83, CW Weidlers 331 1ST AVE NE B1 to R3 16-10-30-09-02-031.000 Lot 1, Lot 2 (pt), CW Weidlers 401 1ST AVE NE B1 to R3 16-10-30-09-02-032.000 Lot 2 (pt), CW Weidlers 0 1ST AVE NE B1 to R3 16-10-30-09-02-033.000 *with Use Commitments 1 EXHIBIT B 2 PROPERTY LOCATION MAP Old Town Neighborhood Rezone y 5th Street NE ___..=r..:� r --_ R-2/Residence 13-5-S R *., x3 IFLOR3 ti B1 to R3 4 _ _ . B-S c j - o l B-s I m Ali _ Ad _ 3rd Street NE " - _ _—uur R-4,/Resldence ` B-1 a, c c s a, Q B-.5 C 2nd Street 'Y " ° ., cc 2nd Street NE N QB3toR4 w 14 B- Z J to R4 W : 1 to � 8-f ; 1 to : jjo 65* 1 B1 p B5* i 4.,,._ - - 2 1st3tr> -,.. -. .. 1-1 oC k R-3/Residence ' C-2/01d Town m — _ C-2 B-1 B-1 11 W Vte 3 --_ ' IN STREET -- PROPERTIES PROPOSED TO BE REZONED *With Use Commitments R-Districts = Residential, B-Districts = Business, C-Districts = Redevelopment Note that all Rezoned Properties would remain in the Old Town District Overlay Zone, A Character Sub-Area and subject to the requirements of Zoning Ordinance Chapter 23D. N Carmel Plan Commission 10/05/2012 Docket No.12080007 Z Prepared by the Department of Community Services 3 10/05/2012 Ordinance Z-5##-12 DRAFT 4 EXHIBIT C: DRAFT STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7-4-1015, the owners of the real estate located in Hamilton County, Indiana, which is described below, make the following COMMITMENTS concerning the use and development of the Real Estate: Legal Description: Lot 32,D Wilkinson Addition Address: 32 151 Avenue NE,also known as 32 IS`Street NE Lot 31, D Wilkinson Addition Address: 120 1St Avenue NE Lot 9 (West Part),Carey Addition Address: 105 1St Street NE,also known as 105 1'Avenue NE Lot 7 (South Part),Carey Addition Address: 140 1st Street NE Docket No.: 12080007 Z Statement of COMMITMENTS: 1. The following uses,as defined by the Carmel Zoning Ordinance,shall be permitted on the Real Estate: — Single Family Dwelling — Two Family Dwelling — Home Occupation(Accessory Use only) — Residential Kennel (Accessory Use only) — Private Swimming Pool (Accessory Use only) — Clinic or Medical Health Center — General Office — Professional Office — School of General Elementary or Secondary Education — Salon/Day Spa 2. The following uses,as defined by the Carmel Zoning Ordinance, shall require Special Use Approval on the Real Estate: — Multiple Family Dwelling(Special Use) — Boarding or Lodging House(Special Use) — Nursing/Retirement/Convalescent Facility(Special Use) — Church/Temple/Place of Worship(Special Use) — Hospital (Special Use) — Water Management&Use Facility(Special Use) — School,Trade or Business(Special Use) — College or University(Special Use) — Kindergarten/Preschool(Special Use) — Golf Course(Special Use) — Private Recreational Facility(Special Use) 3. All other uses shall be prohibited. 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 Ordinance Z###-12 by the Carmel Common Council changing the zoning classification of the Real Estate from a B-1/Business District zoning classification to a B-5/Business District zoning classification, and shall continue in effect for as long as the Real Estate remains in a B-5/Business District Zoning Classification or until such other time as may be specified herein. These COMMITMENTS may be enforced by the Carmel Department of Community Services or the Carmel Plan Commission.