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HomeMy WebLinkAboutPacket 11-05-12 City CouncilMEMORANDUM TO: Carmel City Council FROM: Adrienne Keeling Department of Community Services SUBJECT: Z- 563 -12 through Z- 567 -12 DATE: October 25, 2012 Please find enclosed the Plan Commission - certified ordinances to amend the Official Carmel Zoning Map. These items will appear on your November 5th agenda. Forwarded with a favorable recommendations: Ordinance Z- 563 -12 (Docket No. 12080007 Z): Old Town Neighborhood Rezone Petition to Rezone properties in the Old Town Area along 1st Avenue NW, 1st Avenue NE, 2nd Avenue NE and 5th Street NE 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 and R -4 /Residence District Classifications within the Old Town District Overlay Zone, Character Sub -Area. Ordinance Z- 564 -12 (Docket No. 12080007 Z): 120 lst Avenue NE (Lot 31, D Wilkinson Addition) Petition to Rezone 120 151 Avenue NE (Lot 31, D Wilkinson Addition) from the B -1 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area, subject to Use Commitments. Ordinance Z- 565 -12 (Docket No. 12080007 Z): 32 1st Avenue NE (Lot 32, D Wilkinson Addition) Petition to Rezone 32 1St Avenue NE (Lot 32, D Willunson Addition) from the B -1 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area, subject to Use Commitments. Ordinance Z- 566 -12 (Docket No. 12080007 Z): 140 1st Street NE (Lot 7 -South Part, Carey Addition) Petition to Rezone 140 15t Street NE (Lot 7 -South Part, Carey Addition) from the B -I /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area, subject to Use Commitments. Ordinance Z- 567 -12 (Docket No. 12080007 Z): 105 1st Street NE (Lot 9 -West Part, Carey Addition) Petition to Rezone 105 ls` Street NE (Lot 9 -West Part, Carey Addition) from the B -1 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the Old Town District Overlay Zone, Character Sub -Area, subject to Use Commitments. The Department of Community Services proposes to rezone several properties in the Old Town area, north of Main Street. The purpose of this effort is to further protect the residential nature of the area by reducing the presence of business zoning districts in residential areas and limiting the types of business uses adjacent to residences. All of the subject properties will remain in the Old Town District Overlay Zone, Character Sub -Area and subject to the requirements of Zoning Ordinance Chapter 23D: Old Town District Overlay Zone. Enclosed you will find a map to help identify the properties affected by this proposal. Of the 22 parcels included in this rezoning proposal, 18 are proposed to be changed to a residential zoning district to match surrounding properties in the R- 3/Residence and R -4 /Residence Districts. These properties are located more deeply into the neighborhood and are currently used as residences, and therefore, would not be affected by rezoning to a residential district. These are addressed by proposed Ordinance Z- 563 -12. The remaining four parcels are located at the edge of the residential neighborhood nearest 1st Street NE, and are 2012 -1105, Z- 563 -12 through Z- 567 -12, Council Repon.docx currently in the B -1 /Business District. The B-5/Business District was chosen as a better fit with the adjoining neighborhood due to the limited number of permitted uses in B -5. A comparison of the B -1 and B -5 Districts is included in the enclosure. Further, as a condition of their Favorable Recommendation, the Plan Commission placed additional Use Limitations on those properties in the form of a Commitment. These properties are addressed individually in Ordinances Z- 564 -12, Z- 565 -12, Z- 566 -12 and Z- 567 -12. The information on this item has been arranged in the following format: 1. General Location Map 2. Appendix A: Comparison of Uses permitted B -1 vs B -5 Districts 3. Commitment Limiting B -5 Uses 4. Ordinance Proposal Z- 563 -12, including: a. Property Descriptions b. Location Map c. Certification (expires January 23, 2013) 5. Ordinance Proposal Z- 564 -12, including: a. Location Map b. Statement of Commitments c. Certification (expires January 23, 2013) 6. Copy of the Ordinance Proposal Z- 565 -12, including: a. Location Map b. Statement of Commitments c. Certification (expires January 23, 2013) 7. Copy of the Ordinance Proposal Z- 566 -12, including: a. Location Map b. Statement of Commitments c. Certification (expires January 23, 2013) 8. Copy of the Ordinance Proposal Z- 567 -12, including: a. Location Map b. Statement of Commitments c. Certification (expires January 23, 2013) 2012 -] 105, Z- 563 -12 through Z- 567 -12; Council Report.docx Old Town Neighborhood Rezone L �'�-^ 5th Street NE B-5 I \ BS 3 R 2/Residence , L �. B1 t —4th Strek6r N E B-5 j _ ' r I ,0 1111 WI 3 15 — — I i /-- -- 1 R-4/Residence B-1 . - - Q i &5 ii - G c N . .�..t 2nd-S e 'NE — 3 t0 Ihil B-1 w 4 it 3toR B-1 : 1 toB- j : 1 to : ' B1 oBr B1 i) B5* i t a1 1 I R 3/Residence -I". ,, O'Wn " B-1 MI . AI MAIN 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 CITY OF CARMEL ZONING ORDINANCE APPENDIX A: SCHEDULE OF USES P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded by Overlay Page 1 of 7 Winter 2011 v1 Primary Zoning Districts Overlay Zones Type of Use N M i x 7 M -3 U U a d Old Meridian Z( nes check Primary Zoning IOM /SFA I.. 2 0 > 0 2 0 O 0 OM /SU OM /M 2 2 ,O, OM /PUD SR 431 /Keystone US 31 /Meridian 1 US 421 /Michigan Old Town Home Place 'Carmel Dr - Range Line N v', cc n M m V", m Residential Uses Single Family Dwelling P P P PP P P P P PP P P EE Two Family Dwelling P P P P P P P EE Multiple Family Dwelling SU P P SU P PP P P P E Accessory Dwelling PP P P P P Mobile Home Court SU E E E E E Attached Dwelling P P P P Horne Occupation A A A AA A A A AA A A A A A A A A A Residential Kennel AA A AA A A A A A A A A A P A A A A Bed & Breakfast Inn PP P E Model Home P P P P P P P PP EE Guest House A A A AA A AA Bona Fide Servants Quarters A A A AA A AA Boarding or Lodging House SU SU SU SU SU SU EE Nursing/Retirement /Convalescent Facility SU SU P P 13 SU P PP PP P PP Private Swimming Pool. etc. AA A A A A A AA AA Office Uses Clinic or Medical Health Center SU SU SU SU SU SU P P P P P P S U P P P P P P Research Laboratory / Facility PP P P P P P PP P P General Offices SU P P P P P P P P A P P P P P P 13 Professional Office SUP P PP P P P P SU PP 13 PP P PP Hospice P Training Facility _ P P Page 1 of 7 Winter 2011 v1 CITY OF CARMEL ZONING ORDINANCE APPENDIX A: SCHEDULE OF USES P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded by Overlay Page 2 of 7 Winter2011 v1 Primary Zoning Districts Overlay Zones Type of Use r 8 1 _ ,.., - IM -3 U N C.) a Q 1O1d Meridian Zones check Primary Zoning IOM/SFA I O O pm/MU I O O O O O ISR 431 /Keystone g IUS 421/Michigan I 0 O 'Home Place 'Carmel Dr - Range Line iri pq Institutional Uses Church/Temple/Place of Worship SU SU SU SU SU SU SU SU SU SU SU SU P SU SU SU P P P P E Hospital P P P S U P P P P Library SU SU SU SU SU SU SU SU SU SU P Penal or Correctional Institution SU SU SU E E E E E Post o f f i c e P P P P P P P P P Power Generating Plant SU E E E E E Public Service Facility P P P P P P P P P P P P P P P P P P P P P P P P P P P P Commercial Sewage or Garbage Disposal Plant SU SU E E E E E Water Management & Use Facility SU SU SU SU SU SU SU SU P SU SU Educational Uses School, Trade or Business P P SU SU P P SU P P - P P P P P College or University SU SU SU SU SU SU P P P P P Day Nursery/Day Care P P SU P SU SU P P P P Kindergarten/Preschool SU SU SU SU SU SU SU P P SU P P P P School of General Elementary or Secondary Education SU SU SU SU SU SU SU SU E Page 2 of 7 Winter2011 v1 CITY OF CARMEL ZONING ORDINANCE APPENDIX A: SCHEDULE OF USES P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded by Overlay Page 3 of 7 Winter 2011 v1 Primary Zoning Districts Overlay Zones Type of Use [M -3 ()Id Meridian Zones check P -intary Z 'ping IOM /SFA w 2> 0 0 ._+ 2 0 O 0 2 0 IOM /M OM /MM 2 n 0 431 /Keystone i 31 /Meridian i 421 /Michigan 0 H Horne Place Carmel Dr - Range Line t:1 0 ca itetail & Service Uses General Retail Sales S U P P P P S U P P P A P P P PP PP Lumber /Buildin2Materials Sales (enclosed) P P P P P EE EE General Service P P P P PP P P P PP PP Automobile Service Station P P P P PP E Automobile/Boat Sales P P P P P E E E Automobile/Truck Repair (indoor) PP P SU P EE Manufactured Housing Sales P E E E E E E Car Wash P P P PP E Commercial Kennel P P P P SU EE E Dry Cleaning Establishment (with on -site plant) P P P PP EE Dry Cleaning Establishment (without on -site plant) SU P P P P P PP P E Equipment Sales /Repair (indoor) P P P P P SU EE Financial Institution P P P P P P P P PP PP PP Automated Teller Machine (ATM) AA A A A A A AP AA PP P Food Stand P P P P P P P P P P P P P P P P PP P P P P P Funeral Home /Mortuary /Crematory PP P SU P SUP P EE Recreational Vehicle/Mobile Home Sales P P P P E E E E E Roadside Sales Stand P P P SU SU E E E E Self- Service Laundry P P P PP EE Sexually Oriented Business SU E E E E E E Tattoo Studio P P P P P P P PP E E E Veterinary Hospital with commercial kennel P PP SU P SU P E E Veterinary Hospital without commercial kennel P P P P P P SU PP EE Wholesale Sales SU P P P P P SU P P E Page 3 of 7 Winter 2011 v1 CITY OF CARMEL ZONING ORDINANCE APPENDIX A: SCHEDULE OF USES P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded by Overlay Page 4 of 7 Winter2011 v1 Primary Zoning Districts Overlay Zones Type of Use — a) IM -3 U IC -2 d IOM /SFA 1 0.I Meridia 1 Zones Primary Zoning w 2 0 > 0 2 0 O 2 0 M /SU M/M M /MM Q a 2 O ISR 431 /Keystone IUS 31 /Meridian US 421 /Michigan Old Town Home Place ICarmel Dr - Range Line ht J : ci m w oa . i s cr a c n m Cultural / Entertainment Uses Art Gallery P P P PP P P P P Art & Music Center P PP P PP P P P P Carnivals. Fairs. Circuses. etc P P P SU P E E Hotel SU SU SU P P P P P E Hotel (Full Service) SU SU SU P P P P Indoor Theater P P P P P P P P P P E Outdoor Theater SU P P E E Catering Establishment P P P P P Restaurant, without drive -thru food sales P P P P P P P P P P P P P Restaurant. with walk -up /drive -thru food sales P P P SU PP E E Meeting or Party Hall P P P P P P P P P Museum P P SU P Stadium or Coliseum P P Tavern/Night Club P P P P P P PP P E Industrial Uses Borrow Pit/Top Soil Removal & Storage SU SU SU SU SU SU SU SU SU SU SU SU E E Heavy industrial P SU E E E E E Sanitary Landfill. Junk Yard. Slavage Yard 8- 6 SU SU E E E E E E Light Industrial SU P P E E E E Storage and /or Warehousing. Indoor SU P P P P E E E E Storage and /or Warehousing. Outdoor SU P SU E E E E E E Storage or Sale of Petroleum Products SUP P P E E EE E Coke Ovens /Brick Yards /Kilns /Open Hearth/Blast Furnace P SU E Light Manufacturing P P_ P _ _ E E Page 4 of 7 Winter2011 v1 CITY OF CARMEL ZONING ORDINANCE APPENDIX A: SCHEDULE OF USES P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded by Overlay Page 5 of 7 Winter 2011 v1 Primary Zoning Districts Overlay Zones Type of Use — v v - t` oo m — U c`t U a¢ Old Meridian Zones check Primary Z ming OM /SFA OM /MF > 0 OM /MU O O cn O 2 O OM /MM OM /PUD SR 431 /Keystone US 31 /Meridian US 421 /Michigan Town Horne Place Carmel Dr - Range Line c� ci) m cv pj r a o oa v c; rx eG a co Mineral /Sand /Gravel Extraction Operations SU SU SU _ SU SU SU SU SU SU SU SU SU SU E E E E Printing/Publishing Establishment SU P P SU P P P E Storage /Distribution Facility SU P P SU SU E E Wholesaling Facility P SU P E E E Heavy Manufacturing E E E E E E E E Agricultural Uses Commercial Greenhouse SU SU SU P P SU SU E E E Raising/Breeding of Non -Farm or Exotic Animals SU SU E E E E E Feed Store SU P E E E E Plant Nursery SU SU SU P P SU SU E E E Grain Elevator SU P E 13 13 13 13 General Agriculture (Farm) P P P P P P P P P P P P P P P P P P P Horse Farm P Recreational Commercial Recreational Facility. Indoor P P P P P P P P P P P P E E Commercial Recreational Facility. Outdoor SU SU SU SU P E E E E Community Center P P Country Club SU SU SU SU SU SU P P SU E Golf Course SU SU SU SU SU SU P SU P SU E Health/Fitness Facility P Private Club or Lodge P P P SU P P P P E Private Recreational Facility SU SU SU SU SU SU P SU SU SU SU SU SU P E Riding Stable SU SU E Park, Public P P P P P P P P P P P P P P P P P P P P P P P P P P P Shooting Gallery P P P P Page 5 of 7 Winter 2011 v1 CITY OF CARMEL ZONING ORDINANCE APPENDIX A: SCHEDULE OF USES P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded by Overlay Page 6 of 7 Winter 2011 v1 Primary Zoning Districts Overlay Zones Type of Use i) v) a IR -2 cG e i t oa m m _ IM -3 U U Q Q Old Meridian Zones check Primary Zoning ccn O 2> O O 2 O O O v) O 2 O. OM /MM a O SR 43I /Keystone IUS 31 /Meridian IUS 421 /Michigan 10Id Town IFI Place Carmel Dr - Range Line co a Miscellaneous Artificial Lake or Pond (non-platted) SU SU SU SU SU SU SU SU SU SU SU SU SU SU SU SU SU Cemetery SU SU SU SU SU SU SU SU SU SU SU SU E Historic Site P Temporary Uses Construction Facility P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P Display. Outdoor A A A A AA A A A E E Model Home P P P P P P P PP E E E Sales. Outdoor A A A A A A A A A E E Sales, Seasonal Outdoor P P P PP PP P E E E Special Event, Outdoor P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P Page 6 of 7 Winter 2011 v1 CITY OF CARMEL ZONING ORDINANCE APPENDIX A: SCHEDULE OF USES P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded by Overlay 1 if visually integrated with or camouflaged on or within another structure (such as achimney stack, church spire, light standard, monument, penthouse, power line support device, or water tower), or if collocated on an existing or previously approved tower; 2 monopole -type construction only; 3 if mounted on another structure; ° if visually integrated with or camouflaged on or within a structure other than a tower (such as a chimney stack, church spire, light standard, monument, power line support, or water tower) Appendix A, as adopted per Ordinance No. Z- 415 -03 ; as amended per Z- 461 -04; Z- 470 -05; Z- 488 -06; Z-547-10. Page 7 of 7 Winter2011 v1 Primary Zoning Districts Overlay Zones Type of Use v: N •--� wl --r --, U U -1 Old Meridian Zones check Primary Zoning IOM /SFA LT... 0 0 pWMU 0 IOM/Su OM /M OM /MM 0 SR 431 /Keystone US 31 /Meridian IUS 421 /Michigan 3o "O 0 N a O (Carmel Dr - Range Line N a: M ax I cx N as M as 1 ca 1p as DD as aG as as d Transportation & Communication Uses Antenna' SU SU SU SU SU SU SU P SU Collocated Antenna P P P P P P P P P P P P P P P P P P P P P P P P P P P P Radio and /or Television Studio P P P SU P P Radio/Television Transmission Antenna' SU SU SU SU SU SU SU SU SU SE Radio/Television Transmission Tower SU SU SU P P SE SE E Tower SU SU SU SU SU SU SU SU SU SU E Wireless Telecommunications Antenna' P P P P P P P P P P P P P P Wireless Telecommunications Service Tower' SE SE SE SE SE SE SE SE SE E Motor Bus or Railroad Passenger Station P P P SU P P Private Airplane Landing /Service Facility SU SU SU E E E E E Private Helicopter Landing/Service Facility SU SU SU P E Commercial Parking Lot P P P SU P P P Private Parking Area AA AA A A A A A A A A A A A A A A A A A A A A A A Truck Stop E E E 1 if visually integrated with or camouflaged on or within another structure (such as achimney stack, church spire, light standard, monument, penthouse, power line support device, or water tower), or if collocated on an existing or previously approved tower; 2 monopole -type construction only; 3 if mounted on another structure; ° if visually integrated with or camouflaged on or within a structure other than a tower (such as a chimney stack, church spire, light standard, monument, power line support, or water tower) Appendix A, as adopted per Ordinance No. Z- 415 -03 ; as amended per Z- 461 -04; Z- 470 -05; Z- 488 -06; Z-547-10. Page 7 of 7 Winter2011 v1 Legal Descriptions: Lot 32, D Wilkinson Addition Lot 31, D Wilkinson Addition Lot 9 (West Part), Carey Addition Lot 7 (South Part), Carey Addition B -5 PROPERTY USE COMMITMENTS Address: 32 1st Avenue NE, also known as 32 1St Street NE Address: 120 1St Avenue NE Address: 105 1st Street NE, also known as 105 1St Avenue NE Address: 140 1st Street NE 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 - 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 - Boarding or Lodging House - Nursing /Retirement/Convalescent Facility - Church/Temple /Place of Worship - Hospital - Water Management & Use Facility - School, Trade or Business - College or University - Kindergarten /Preschool - Golf Course - Private Recreational Facility 3. All other uses shall be prohibited. 1 Sponsor: Councilor Rider 2 3 ORDINANCE Z- 563 -12 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 5 REZONING PROPERTIES IN THE OLD TOWN AREA 6 7 Rezoning properties in the Old Town Area from the B -1 /Business, B -3 /Business and B -5 /Business District 8 Classifications within the Old Town District Overlay Zone, Character Sub -Area to the R -3 /Residence and R- 9 4 /Residence Classifications within the Old Town District Overlay Zone, Character Sub -Area 10 11 WHEREAS, pursuant to Indiana Code 36 -7 -4, the Common Council has lawfully adopted a zoning 12 ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the 13 City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which 14 zoning ordinance has been codified in Chapter 10 of the Carmel City Code; and 15 16 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the 17 map that is part of the zoning ordinance; and 18 19 WHEREAS, the Carmel City Council of the City of Carmel, Indiana received a favorable recommendation 20 from the Carmel Advisory Plan Commission on Tuesday, October 16, 2012, regarding the rezoning of the 21 real property as described in Exhibit A, and which is illustrated in the location map of Exhibit B also 22 attached hereto. 23 24 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 25 as follows: 26 27 Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby 28 changed to designate real property from the B -1 /Business, B -3 /Business and B -5 /Business District 29 Classifications within the Old Town District Overlay Zone, Character Sub -Area to the R- 3/Residence and R- 30 4 /Residence District Classifications within the Old Town District Overlay Zone, Character Sub -Area. 31 32 Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 33 repealed. 34 35 Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the 36 Mayor. 37 38 PASSED by the Common Council of the City of Carmel, Indiana this day of , 2012, 39 by a vote of ayes and nays. 40 41 11/05/2012 Ordinance Z- 563 -12 1 42 COMMON COUNCIL FOR THE CITY OF CARMEL 43 44 45 46 Presiding Officer Kevin D. Rider 47 48 49 50 Richard L. Sharp, President Pro Tempore Carol Schleif 51 52 53 54 Ronald E. Carter W. Eric Seidensticker 55 56 57 58 Sue Finkam Luci Snyder 59 60 61 ATTEST: 62 63 64 65 Diana L. Cordray, IAMC, Clerk- Treasurer 66 67 68 Presented by me to the Mayor of the City of Carmel, Indiana this day of 69 2012, at .M. 70 71 72 73 Diana L. Cordray, IAMC, Clerk- Treasurer 74 75 76 Approved by me, Mayor of the City of Carmel, Indiana, this day of 77 2012, at .M. 78 79 80 81 James Brainard, Mayor 82 83 ATTEST: 84 85 86 87 Diana L. Cordray, IAMC, Clerk- Treasurer 88 89 Prepared by 90 Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 91 11/05/2012 Ordinance Z- 563 -12 2 92 EXHIBIT A 93 PROPERTY DESCRIPTION 94 95 Rezone of properties in the Old Town District located along 1st Avenue NW, 96 NE, 1st Street NE, 2nd Street NE and 5th Street NE, more specifically: 97 98 99 100 101 102 LEGAL DESCRIPTION Lot 1, Henry Roberts Lot 3, Henry Roberts Lot 35 (pt), Lot 36 (pt), CW Weidlers Lot 35 (pt), Lot 36 (pt), CW Weidlers Lots 4 & 5, CW Weidlers Lot 6, CW Weidlers Lot 3, CW Weidlers Lots 11 & 12, Carey Addition Lot 1, DE Wilkinson Lot 10, DE Wilkinson Lot 11, DE Wilkinson Lot 20, DE Wilkinson Lot 21, DE Wilkinson Lot 82, CW Weidlers Lot 81, CW Weidlers Lot 82 & 83, CW Weidlers Lot 1, Lot 2 (pt), CW Weidlers Lot 2 (pt), CW Weidlers 11/05/2012 ADDRESS ZONING 121 1ST AVE NW 141 1ST AVE NW 440 2ND AVE NE 121 5TH ST NE 431 1ST AVE NE 441 1ST AVE NE 421 1ST AVE NE 141 1ST AVE NE 110 2ND ST NE 221 1ST AVE NE 231 1ST AVE NE 241 1ST AVE NE 311 1ST AVE NE 321 1ST AVE NE 0 1ST AVE NE 331 1ST AVE NE 401 1ST AVE NE 0 1ST AVE NE Ordinance Z- 563 -12 3 B3 B3 B5 81 B1 B1 B1 B1 B1 B1 B1 B1 B1 B1 B1 B1 B1 B1 to to to to to to to to to to to to to to to to to to R4 R4 R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 1st Avenue NE, 2nd Avenue PARCEL NUMBER 16- 09- 25- 12 -02- 030.000 16- 09- 25- 12 -02- 032.000 16- 10- 30- 05 -02- 016.000 16- 10- 30- 05 -02- 017.000 16- 10- 30- 05 -02- 021.000 16- 10- 30- 05 -02- 022.000 16- 10- 30- 09 -02- 001.000 16- 10- 30- 09 -02- 022.000 16- 10- 30- 09 -02- 023.000 16- 10- 30- 09 -02- 024.000 16- 10- 30- 09 -02- 025.000 16- 10- 30- 09 -02- 026.000 16- 10- 30- 09 -02- 027.000 16- 10- 30- 09 -02- 028.000 16- 10- 30- 09 -02- 029.000 16- 10- 30- 09 -02- 031.000 16- 10- 30- 09 -02- 032.000 16- 10- 30- 09 -02- 033.000 103 EXHIBIT B 104 PROPERTY LOCATION MAP Z-563- 12: Old Town Neighborhood Rezone - :L I_ -- ---- 5th Street NE :"' ' _ rill . R3 R-2/Residence 8-5 j R-4 �t B1 to R3 — L4thstre71-=---- =- 111-51 1 cc � ° j B-5 m R-4lResidence B-1 a, a) illif B-s V r4 NI 1 B-1 41 B-i 1St S cii►t1Y,T _ ---- . I--1 R-3/Resldence C 2/OId Town i — C-2 - B-1 F.t... ---- MAIN STREET r'�°" Lik PROPERTIES PROPOSED TO BE REZONED 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 230. N Carmel Plan Commission 10/25/2012 Docket No.12080007 Z Prepared by the Department of Community Services 105 11/05/2012 Ordinance Z-563-12 4 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE OFFICIAL ZONING MAP PURSUANT TO INDIANA CODE 36 -7 -4 -605 ORDINANCE Z- 563 -12 OLD TOWN NEIGHBORHOOD RESIDENTIAL: B1, B3, B5 TO R3 & R4 To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Plan Commission offers you the following report on the application (Docket No. 12080007 Z: Old Town Neighborhood Rezone) of the City of Carmel, Department of Community Services petitioning the Commission for a favorable recommendation to rezone certain Neighborhood Residential 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 and R -4 /Residence within the Old Town District Overlay Zone. The Carmel Plan Commission's recommendation on the petition of the applicant is `FAVORABLE.' At its regularly scheduled meeting of October 16, 2012, the Carmel Plan Commission voted eleven (11) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z- 563 -12 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant 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 Certification is Wednesday, January 23, 2013. AT CARME PLAN CO BY ISSION ST: Ra ona Hancock, Secretary Carmel Plan Commission Dated: October 25, 2012 an, President bI:0IV SZ-130 iii 1 Sponsor: Councilor Rider 2 3 ORDINANCE Z- 564 -12 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 5 REZONING PROPERTY IN THE OLD TOWN AREA 6 7 Rezoning 120 1" Avenue NE (Lot 31, D Wilkinson's Addition) from the B -1 /Business District Classification 8 within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification 9 within the Old Town District Overlay Zone, Character Sub -Area 10 11 WHEREAS, pursuant to Indiana Code 36 -7 -4, the Common Council has lawfully adopted a zoning 12 ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the 13 City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which 14 zoning ordinance has been codified in Chapter 10 of the Carmel City Code; and 15 16 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the 17 map that is part of the zoning ordinance; and 18 19 WHEREAS, the Carmel City Council of the City of Carmel, Indiana received a favorable recommendation 20 from the Carmel Advisory Plan Commission on Tuesday, October 16, 2012, regarding the rezoning of the 21 real property which is illustrated in the location map of Exhibit A also attached hereto. 22 23 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 24 as follows: 25 26 Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby 27 changed to designate Lot 31, D Wilkinson's Addition from the B -1 /Business District Classification within the 28 Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the 29 Old Town District Overlay Zone, Character Sub -Area, subject to a Commitment to limit uses on the Real 30 Estate as shown in Exhibit B attached hereto. 31 32 Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 33 repealed. 34 35 Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the 36 Mayor. 37 38 PASSED by the Common Council of the City of Carmel, Indiana this day of , 2012, 39 by a vote of ayes and nays. 40 41 11/05/2012 Z- 564 -12 1 42 COMMON COUNCIL FOR THE CITY OF CARMEL 43 44 45 46 Presiding Officer Kevin D. Rider 47 48 49 50 Richard L. Sharp, President Pro Tempore Carol Schleif 51 52 53 54 Ronald E. Carter W. Eric Seidensticker 55 56 57 58 Sue Finkam Luci Snyder 59 60 61 ATTEST: 62 63 64 65 Diana L. Cordray, IAMC, Clerk- Treasurer 66 67 68 Presented by me to the Mayor of the City of Carmel, Indiana this day of 69 2012, at .M. 70 71 72 73 Diana L. Cordray, IAMC, Clerk- Treasurer 74 75 76 Approved by me, Mayor of the City of Carmel, Indiana, this day of 77 2012, at .M. 78 79 80 81 James Brainard, Mayor 82 83 ATTEST: 84 85 86 87 Diana L. Cordray, IAMC, Clerk- Treasurer 88 89 Prepared by 90 Adrienne Keeling, Planning Administrator. One Civic Square. Carmel. IN 46032 91 11/05/2012 Z- 564 -12 2 92 EXHIBIT A 93 PROPERTY LOCATION MAP Z-564- 12: 120 1st Avenue NE (Lot 31, D Wilkinson's Addition) ...� , 5th Street NE --_. B-5 R-2/Residence 8-5 R-4. il _— .L 4th Stre¢t'NE B-i " I B-5 r I, B•J � J i -3rd Street NE i __ kR4/Resldence B-1 a I- _ii z > 1 II Q B-5 B-1 '"..,, 2nd Si et NE ' cV 84 r------ c' _.,,-, $ 1 I i _. _ 40 : l to B' B-1 1 i I •-%... i 1 34:74`.1601yy► i'�,.:.- a��1 1-i i L R-3/Residence . C210!dTown . 4 a B-1 - B-1 .b MAIN STREET �.irr r. PROPERTY PROPOSED TO BE REZONED *With Use Commitments R-Districts = Residential, B-Districts = Business, C-Districts = Redevelopment Note that the Rezoned Property 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 10/25/2012 Docket No.12080007 Z Prepared by the Department of Community Services 94 11/05/2012 Z-564-12 3 95 EXHIBIT B: 96 STATEMENT OF COMMITMENTS 97 98 COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL 99 ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY 100 101 In accordance with LC. 36 -7 -4 -1015, the owners of the real estate located in Hamilton County, Indiana, which is described below, 102 make the following COMMITMENTS concerning the use and development of the Real Estate. 103 104 Legal Description: 105 Lot 31, D Wilkinson Addition Address. 120 1s` Avenue NE 106 107 Docket No.: 12080007 Z 108 Council Ordinance: Z- 564 -12 109 110 Statement of COMMITMENTS: 111 1. The following uses, as defined by the Carmel Zoning Ordinance, shall be permitted on the Real Estate: 112 Single Family Dwelling 113 — Two Family Dwelling 114 — Home Occupation (Accessory Use only) 115 Residential Kennel (Accessory Use only) 116 Private Swimming Pool (Accessory Use only) 117 — Clinic or Medical Health Center 118 — General Office 119 Professional Office 120 — Salon/Day Spa 121 2. The following uses, as defined by the Carmel Zoning Ordinance, shall require Special Use Approval on the Real Estate: 122 — Multiple Family Dwelling (Special Use) 123 — Boarding or Lodging House (Special Use) 124 — Nursing/Retirement/Convalescent Facility (Special Use) 125 — Church/Temple/Place of Worship (Special Use) 126 — Hospital (Special Use) 127 — Water Management & Use Facility (Special Use) 128 — School, Trade or Business (Special Use) 129 — College or University (Special Use) 130 Kindergarten/Preschool (Special Use) 131 Golf Course (Special Use) 132 Private Recreational Facility (Special Use) 133 3. All other uses shall be prohibited. 134 135 These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an 136 interest therein. These COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a 137 public hearing after proper notice has been given. 138 139 COMMITMENTS contained in this instrument shall be effective upon the adoption of Ordinance Z- 564 -12 by the Carmel 140 Common Council changing the zoning classification of the Real Estate from a B -1 /Business District zoning classification to a B- 141 5 /Business Distnct zoning classification. 142 143 These COMMITMENTS may be enforced by the Carmel Department of Community Services or the Carmel Plan Commission. 144 145 146 The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the 147 Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z- 564 -12. 148 149 IN WITNESS WHEREOF, owners have executed this instrument this day of , 2012. 150 151 Property Owners 152 153 154 By: 155 Gary Richard McCarty 156 157 158 Vicki Lynn McCarty 159 160 161 162 STATE OF INDIANA 163 164 SS: 165 166 167 County of Before me the undersigned, a Notary Public 168 (County in which notarization takes place) 169 170 171 for County, State of Indiana, personally appeared 172 (Notary Public's county of residence) 173 174 175 and acknowledge the execution of the foregoing instrument this (Property 176 Owner, Attorney, or Power of Attorney) 177 178 179 day of , 20 180 181 182 183 184 Notary Public -- Signature 185 (SEAL) 186 187 188 Notary Public -- Please Print 189 190 191 My commission expires: 192 193 194 195 Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 196 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number m this document, 197 unless required by law. 198 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE OFFICIAL ZONING MAP PURSUANT TO INDIANA CODE 36 -7 -4 -605 ORDINANCE Z- 564 -12 LOT 31, D WILKINSON ADDITION: B -1/ BUSINESS TO B -5/ BUSINESS To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Plan Commission offers you the following report on the application (Docket No. 12080007 Z: Old Town Neighborhood Rezone) of the City of Carmel, Department of Community Services petitioning the Commission for a favorable recommendation to rezone Lot 31, D Wilkinson Addition, from B- 1/Business within the Old Town District Overlay Zone, Character Sub -Area to B- 5/Business District Classification within the Old Town District Overlay Zone, Character Sub -Area. The Carmel Plan Commission's recommendation on the petition of the applicant is `FAVORABLE,' with certain commitments attached. At its regularly scheduled meeting of October 16, 2012, the Carmel Plan Commission voted eleven (11) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z- 564 -12 with a Favorable Recommendation with COMMITMENTS. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant 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 Certification is Wednesday, January 23, 2013. CAR _L PLAN COMMISSION AlT /. T: A al i , ;iv ■•e_ Ra . ona Hancock, ecretary Carmel Plan Commission Dated: October 25, 2012 Dorman, President 0Z :01 V SZ 130ZIOI 1 Sponsor: Councilor Rider 2 3 ORDINANCE Z- 565 -12 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 5 REZONING PROPERTY IN THE OLD TOWN AREA 6 7 Rezoning 32 1 S` Avenue NE (Lot 32, D Wilkinson's Addition) from the B -1 /Business District Classification 8 within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification 9 within the Old Town District Overlay Zone, Character Sub -Area 10 11 WHEREAS, pursuant to Indiana Code 36 -7 -4, the Common Council has lawfully adopted a zoning 12 ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the 13 City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which 14 zoning ordinance has been codified in Chapter 10 of the Carmel City Code; and 15 16 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the 17 map that is part of the zoning ordinance; and 18 19 WHEREAS, the Carmel City Council of the City of Carmel, Indiana received a favorable recommendation 20 from the Carmel Advisory Plan Commission on Tuesday, October 16, 2012, regarding the rezoning of the 21 real property which is illustrated in the location map of Exhibit A also attached hereto. 22 23 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 24 as follows: 25 26 Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby 27 changed to designate Lot 32, D Wilkinson's Addition from the B -1 /Business District Classification within the 28 Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within the 29 Old Town District Overlay Zone, Character Sub -Area, subject to a Commitment to limit uses on the Real 30 Estate as shown in Exhibit B attached hereto. 31 32 Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 33 repealed. 34 35 Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the 36 Mayor. 37 38 PASSED by the Common Council of the City of Carmel, Indiana this day of , 2012, 39 by a vote of ayes and nays. 40 41 11/05/2012 Z- 565 -12 1 42 COMMON COUNCIL FOR THE CITY OF CARMEL 43 44 45 46 Presiding Officer Kevin D. Rider 47 48 49 50 Richard L. Sharp, President Pro Tempore Carol Schleif 51 52 53 54 Ronald E. Carter W. Eric Seidensticker 55 56 57 58 Sue Finkam Luci Snyder 59 60 61 ATTEST: 62 63 64 65 Diana L. Cordray, IAMC, Clerk - Treasurer 66 67 68 Presented by me to the Mayor of the City of Carmel, Indiana this day of 69 2012, at .M. 70 71 72 73 Diana L. Cordray, IAMC, Clerk - Treasurer 74 75 76 Approved by me, Mayor of the City of Carmel, Indiana, this day of 77 2012, at .M. 78 79 80 81 James Brainard, Mayor 82 83 ATTEST: 84 85 86 87 Diana L. Cordray, IAMC, Clerk- Treasurer 88 89 Prepared by 90 Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 91 11/05/2012 Z-565-12 2 92 E XHIBIT A 93 PROPERTY LOCATION MAP Z-565- 12: 32 1st Avenue NE(Lot 32, D Wilkinson's Addition) 5th Street-NE ' `' R 2lResidence B-5 - i ,I/ 4##Stt' tIE`—= 8-5 1 3 8-5 y 4-Street NE f ____ I z Z R-4/Resldence B-1 a, z o B.. .�-, .��..�..� 2nd Street'NE N ... - 8-1 LU B-1 : 1to :, 1 " ' F?z1 -- - , -- - _' 1-1 k R-3/ResJdence ,.' G-2/Old Town .1 C Z -C B-1 1 B-1 - .': MAIN STREET E'`'rr r. PROPERTY PROPOSED TO BE REZONED *With Use Commitments R-Districts = Residential, B-Districts = Business, C-Districts = Redevelopment Note that the Rezoned Property 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 10/25/2012 Docket No.12080007 Z Prepared by the Department of Community Services 94 11/05/2012 Z-565-12 3 95 EXHIBIT B: 96 STATEMENT OF COMMITMENTS 97 98 COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL 99 ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY 100 101 In accordance with I C. 36 -7 -4 -1015, the owners of the real estate located in Hamilton County, Indiana, which is described below, [02 make the following COMMITMENTS concerning the use and development of the Real Estate: 103 104 Legal Description: 105 Lot 32, D Wilkinson Addition Address: 32 lst Avenue NE, also known as 32 1S` Street NE 106 107 Docket No.: 12080007 Z 108 Council Ordinance: Z- 565 -12 [09 110 Statement of COMMITMENTS: [ 11 1. The following uses, as defined by the Carmel Zoning Ordinance, shall be permitted on the Real Estate: [12 — Single Family Dwelling [ 13 Two Family Dwelling [14 Home Occupation (Accessory Use only) [15 — Residential Kennel (Accessory Use only) 116 Private Swimming Pool (Accessory Use only) [17 — Clinic or Medical Health Center [18 General Office [19 Professional Office [20 — Salon/Day Spa [21 2. The following uses, as defined by the Carmel Zoning Ordinance, shall require Special Use Approval on the Real Estate. 122 — Multiple Family Dwelling (Special Use) 123 — Boarding or Lodging House (Special Use) [24 — Nursing /Retirement/Convalescent Facility (Special Use) [25 Church/Temple /Place of Worship (Special Use) [26 — Hospital (Special Use) [ 27 Water Management & Use Facility (Special Use) [28 — School, Trade or Business (Special Use) [29 College or University (Special Use) [30 — Kindergarten/Preschool (Special Use) [31 — Golf Course (Special Use) [32 — Private Recreational Facility (Special Use) [33 3. All other uses shall be prohibited. [34 [35 These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an [36 interest therein. These COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a [37 public hearing after proper notice has been given. [38 [39 COMMITMENTS contained in this instrument shall be effective upon the adoption of Ordinance Z- 565 -12 by the Carmel Common [40 Council changing the zoning classification of the Real Estate from a B- 1/Business District zoning classification to a B -5 /Business [41 Distnct zoning classification. [ 42 [43 These COMMITMENTS may be enforced by the Carmel Department of Community Services or the Carmel Plan Commission. [44 145 146 The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the 147 Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z- 565 -12. 148 149 IN WITNESS WHEREOF, owners have executed this instrument this day of , 2012. 150 151 Property Owner [52 [53 154 By [55 Name(s) 156 [57 [58 159 160 STATE OF INDIANA [61 162 ss• 163 164 165 County of Before me the undersigned, a Notary Public [66 (County in which notarization takes place) [67 168 169 for County, State of Indiana, personally appeared [70 (Notary Public's county of residence) 171 172 173 and acknowledge the execution of the foregoing instrument this (Property [74 Owner, Attorney, or Power of Attorney) [75 [76 177 day of , 20 [78 [79 [80 [81 [82 Notary Public -- Signature [83 (SEAL) [84 [85 [86 Notary Public -- Please Print [87 [88 [89 My commission expires: [90 191 192 [93 Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 194 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, [95 unless required by law. [96 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE OFFICIAL ZONING MAP PURSUANT TO INDIANA CODE 36 -7 -4 -605 ORDINANCE Z- 565 -12 LOT 32, D WILKINSON ADDITION: B -1/ BUSINESS TO B -5/ BUSINESS To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Plan Commission offers you the following report on the application (Docket No. 12080007 Z: Old Town Neighborhood Rezone) of the City of Carmel, Department of Community Services petitioning the Commission for a favorable recommendation to rezone Lot 32, D Wilkinson Addition, from B-1/Business within the Old Town District Overlay Zone, Character Sub -Area to B-5/Business District Classification within the Old Town District Overlay Zone, Character Sub -Area. The Carmel Plan Commission's recommendation on the petition of the applicant is `FAVORABLE,' with certain commitments attached. At its regularly scheduled meeting of October 16, 2012, the Carmel Plan Commission voted eleven (11) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z- 565 -12 with a Favorable Recommendation with COMMITMENTS. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36- 7- 4- 608(f)(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 Certification is Wednesday, January 23, 2013. ATTE$T: Ramona Hancock, ecretary Carmel Plan Commission Dated: October 25, 2012 CARMEL PLAN COMMISSION BY: i✓- rJ /.i aar rman, 'resident Oe :rJiV S,Z13Utl0/ 1 Sponsor: Councilor Rider .2 3 ORDINANCE Z- 566 -12 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 5 REZONING PROPERTY IN THE OLD TOWN AREA 6 7 Rezoning 140 1 S` Street NE (Lot 7 - South Part, Carey Addition) from the B -1 /Business District Classification 8 within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification 9 within the Old Town District Overlay Zone, Character Sub -Area 10 11 WHEREAS, pursuant to Indiana Code 36 -7 -4, the Common Council has lawfully adopted a zoning 12 ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the 13 City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which 14 zoning ordinance has been codified in Chapter 10 of the Carmel City Code; and 15 16 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the 17 map that is part of the zoning ordinance; and 18 19 WHEREAS, the Carmel City Council of the City of Carmel, Indiana received a favorable recommendation 20 from the Carmel Advisory Plan Commission on Tuesday, October 16, 2012, regarding the rezoning of the 21 real property which is illustrated in the location map of Exhibit A also attached hereto. 22 23 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 24 as follows: 25 26 Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby 27 changed to designate Lot 7 (South Part), Carey Addition from the B -1 /Business District Classification within 28 the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within 29 the Old Town District Overlay Zone, Character Sub -Area, subject to a Commitment to limit uses on the Real 30 Estate as shown in Exhibit B attached hereto. 31 32 Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 33 repealed. 34 35 Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the 36 Mayor. 37 38 PASSED by the Common Council of the City of Carmel, Indiana this day of , 2012, 39 by a vote of ayes and nays. 40 41 11/05/2012 Z- 566 -12 1 42 COMMON COUNCIL FOR THE CITY OF CARMEL 43 44 45 46 Presiding Officer Kevin D. Rider 47 48 49 50 Richard L. Sharp, President Pro Tempore Carol Schleif 51 52 53 54 Ronald E. Carter W. Eric Seidensticker 55 56 57 58 Sue Finkam Luci Snyder 59 60 61 ATTEST: 62 63 64 65 Diana L. Cordray, IAMC, Clerk - Treasurer 66 67 68 Presented by me to the Mayor of the City of Carmel, Indiana this day of 69 2012, at .M. 70 71 72 73 Diana L. Cordray, IAMC, Clerk - Treasurer 74 75 76 Approved by me, Mayor of the City of Carmel, Indiana, this day of 77 2012, at .M. 78 79 80 81 James Brainard, Mayor 82 83 ATTEST: 84 85 86 87 Diana L. Cordray, IAMC, Clerk- Treasurer 88 89 Prepared by 90 Adrienne Keeling. Planning Administrator, One Civic Square. Carmel. IN 46032 91 11/05/2012 Z- 566 -12 2 92 EXHIBIT A 93 PROPERTY LOCATION MAP Z-566- 12: 140 1st Street NE(Lot 7-South Part, Carey Addition) --- ---5th Street . R 2/Residence B-5 R-4 - __ e - . , - re6Hr-NE_ -- II il B-s c ; I_ C � i r+ 1 1 -- _ 4.___ . ,, B-5 m w , R-41Residence 1111 B-1 1, � Q B-5 c 2nd SC#get'NE- _____._. I. _ 4 B-1 B1 i B5* =` 1st Sti=lii►1 his a�' 1 .. 4..-- ._ h 1 IIII R-3/Resldence Town ,. ill C-2 O 11 B-1 MI{ B-1 Li 1 r.I.,, __ 01 Men a MAIN STREET �.,r�. ....3 PROPERTY PROPOSED TO BE REZONED *With Use Commitments R-Districts = Residential, B-Districts = Business, C-Districts = Redevelopment Note that the Rezoned Property would remain in the Old Town District Overlay Zone, A Character Sub-Area and subject to the requirements of Zoning Ordinance Chapter 23D. Ii Carmel Plan Commission 10/25/2012 Docket No.12080007 Z Prepared by the Department of-Community Services 94 11/05/2012 Z-566-12 3 95 EXHIBIT B: 96 STATEMENT OF COMMITMENTS 97 98 COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL 99 ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY 100 101 In accordance with I.C. 36 -7 -4 -1015, the owners of the real estate located in Hamilton County, Indiana, which is described below, 102 make the following COMMITMENTS concermng the use and development of the Real Estate: 103 104 Legal Description: 105 Lot 7 (South Part), Carey Addition Address: 140 1 't Street NE 106 107 Docket No.: 12080007 Z 108 Council Ordinance: Z- 566 -12 109 110 Statement of COMMITMENTS: 111 1. The following uses, as defined by the Carmel Zoning Ordinance, shall be permitted on the Real Estate. 112 — Single Family Dwelling 113 — Two Family Dwelling 114 — Home Occupation (Accessory Use only) 115 — Residential Kennel (Accessory Use only) 116 — Private Swimming Pool (Accessory Use only) 117 — Clinic or Medical Health Center 118 — General Office 119 — Professional Office 120 — Salon/Day Spa 121 2. The following uses, as defined by the Carmel Zoning Ordinance, shall require Special Use Approval on the Real Estate: 122 — Multiple Family Dwelling (Special Use) 123 — Boarding or Lodging House (Special Use) 124 — Nursing/Retirement/Convalescent Facility (Special Use) 125 — Church/Temple/Place of Worship (Special Use) 126 — Hospital (Special Use) 127 — Water Management & Use Facility (Special Use) 128 — School, Trade or Business (Special Use) 129 — College or University (Special Use) 130 — Kindergarten/Preschool (Special Use) 131 — Golf Course (Special Use) 132 — Private Recreational Facility (Special Use) 133 3. All other uses shall be prohibited. 134 135 These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an 136 interest therein. These COMMITMENTS may be modified or ternunated by a decision of the Carmel Plan Commission made at a 137 public hearing after proper notice has been given. 138 139 COMMITMENTS contained in this instrument shall be effective upon the adoption of Ordinance Z- 566 -12 by the Carmel 140 Common Council changing the zoning classification of the Real Estate from a B-1/Business District zoning classification to a B- 141 5 /Business Distnct zoning classification. 142 143 These COMMITMENTS may be enforced by the Carmel Department of Community Services or the Carmel Plan Commission. 144 145 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE OFFICIAL ZONING MAP PURSUANT TO INDIANA CODE 36 -7 -4 -605 ORDINANCE Z- 566 -12 LOT 7 (SOUTH PART) CAREY ADDITION: B- 1BUSINESS TO B -5/ BUSINESS To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel Plan Commission offers you the following report on the application (Docket No. 12080007 Z: Old Town Neighborhood Rezone) of the City of Carmel, Department of Community Services petitioning the Commission for a favorable recommendation to rezone Lot 7 (South Part) Carey Addition, from B-1/Business within the Old Town District Overlay Zone, Character Sub -Area to B- SBusiness District Classification within the Old Town District Overlay Zone, Character Sub -Area. The Carmel Plan Commission's recommendation on the petition of the applicant is `FAVORABLE,' with certain commitments attached. At its regularly scheduled meeting of October 16, 2012, the Carmel Plan Commission voted eleven (11) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z- 566 -12 with a Favorable Recommendation with COMMITMENTS. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36- 7- 4- 608(f)(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 Certification is Wednesday, January 23, 2013. AIEST: amona Hancock, Secretary Carmel Plan Commission Dated: October 25, 2012 CARMEL PLAN COMMISSION BYE fOrman, President 0? :01 v S7 100 LIU 146 The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the 147 Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z- 566 -12. 148 149 IN WITNESS WHEREOF, owners have executed this instrument this day of , 2012. 150 151 Property Owner 152 153 154 By: 155 Herma E. Compton 156 157 158 159 160 STATE OF INDIANA 161 162 ss. 163 164 165 County of Before me the undersigned, a Notary Public 166 (County in which notarization takes place) 167 168 169 for County, State of Indiana, personally appeared 170 (Notary Public's county of residence) 171 172 173 and acknowledge the execution of the foregoing instrument this (Property 174 Owner, Attorney, or Power of Attorney) 175 176 177 day of , 20 178 179 180 181 182 Notary Public -- Signature 183 (SEAL) 184 185 186 Notary Public -- Please Print 187 188 189 My commission expires: 190 191 192 193 Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 194 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, 195 unless required by law. 196 1 Sponsor: Councilor Rider 2 3 ORDINANCE Z- 567 -12 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 5 REZONING PROPERTY IN THE OLD TOWN AREA 6 7 Rezoning 105 l st Street NE (Lot 9 - West Part, Carey Addition) from the B -1 /Business District Classification 8 within the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification 9 within the Old Town District Overlay Zone, Character Sub -Area 10 11 WHEREAS, pursuant to Indiana Code 36 -7 -4, the Common Council has lawfully adopted a zoning 12 ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the 13 City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which 14 zoning ordinance has been codified in Chapter 10 of the Carmel City Code; and 15 16 WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Common Council is authorized to amend the 17 map that is part of the zoning ordinance; and 18 19 WHEREAS, the Carmel City Council of the City of Carmel, Indiana received a favorable recommendation 20 from the Carmel Advisory Plan Commission on Tuesday, October 16, 2012, regarding the rezoning of the 21 real property which is illustrated in the location map of Exhibit A also attached hereto. 22 23 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 24 as follows: 25 26 Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby 27 changed to designate Lot 9 (West Part), Carey Addition from the B -1 /Business District Classification within 28 the Old Town District Overlay Zone, Character Sub -Area to the B -5 /Business District Classification within 29 the Old Town District Overlay Zone, Character Sub -Area, subject to a Commitment to limit uses on the Real 30 Estate as shown in Exhibit B attached hereto. 31 32 Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 33 repealed. 34 35 Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the 36 Mayor. 37 38 PASSED by the Common Council of the City of Carmel, Indiana this day of , 2012, 39 by a vote of ayes and nays. 40 41 11/05/2012 Z- 567 -12 1 42 COMMON COUNCIL FOR THE CITY OF CARMEL 43 44 45 46 Presiding Officer Kevin D. Rider 47 48 49 50 Richard L. Sharp, President Pro Tempore Carol Schleif 51 52 53 54 Ronald E. Carter W. Eric Seidensticker 55 56 57 58 Sue Finkam Luci Snyder 59 60 61 ATTEST: 62 63 64 65 Diana L. Cordray, IAMC, Clerk - Treasurer 66 67 68 Presented by me to the Mayor of the City of Carmel, Indiana this day of 69 2012, at _ .M. 70 71 72 73 Diana L. Cordray, IAMC, Clerk- Treasurer 74 75 76 Approved by me, Mayor of the City of Carmel, Indiana, this day of 77 2012, at .M. 78 79 80 81 James Brainard, Mayor 82 83 ATTEST: 84 85 86 87 Diana L. Cordray, IAMC, Clerk- Treasurer 88 89 Prepared by 90 Adrienne Keeling. Planning Administrator, One Civic Square. Carmel, IN 46032 91 11/05/2012 Z- 567 -12 2 92 EXHIBIT A 93 PROPERTY LOCATION MAP Z-567- 12: 105 1st Street NE (Lot 9-West Part, Carey Addition) 4 I G 1 , _ _ 5th Street NE __ • - &5 R-4 R 2/Residence - 1 d i F5 I ___ j -4th Strer NE %, _-_ _ 1 ! - BS i __ - ael‘ rd Street NE at.*: — wi_— z { R-41Residence B-1 a) . c --- c a — a i c t6l1•llil f171 ♦u 0 2nd sL 7VE--_-- f_. B-1 I t— U ,- B1 o B5 - _ _—_.- 3 1-1 1111 C P R-3/Residence C-2/01d Town r. C-2 ° i ; • 8-1 B-1 -: ti MAIN STREET s►.,arl___ PROPERTY PROPOSED TO BE REZONED With Use Commitments R-Districts = Residential, B-Districts= Business, C-Districts = Redevelopment Note that the Rezoned Property 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 10/25/2012 Docket No.12080007 Z Prepared by the Department of Community Services 94 11/05/2012 Z-567-12 3 95 EXHIBIT B: 96 STATEMENT OF COMMITMENTS 97 98 COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL 99 ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY 100 101 In accordance with I.C. 36 -7 -4 -1015, the owners of the real estate located in Hamilton County, Indiana, which is described below, 102 make the following COMMITMENTS concerning the use and development of the Real Estate. 103 104 Legal Description: 105 Lot 9 (West Part), Carey Addition Address: 105 1s` Street NE, also known as 105 Is' Avenue NE 106 107 Docket No.: 12080007 Z 108 Council Ordinance: Z- 567 -12 109 110 Statement of COMMITMENTS: 111 1. The following uses, as defined by the Carmel Zoning Ordinance, shall be permitted on the Real Estate: 112 — Single Family Dwelling 113 — Two Family Dwelling 114 Home Occupation (Accessory Use only) 115 Residential Kennel (Accessory Use only) 116 — Private Swimming Pool (Accessory Use only) 117 — Clinic or Medical Health Center 118 General Office 119 Professional Office 120 Salon/Day Spa 121 2. The following uses, as defined by the Carmel Zoning Ordinance, shall require Special Use Approval on the Real Estate. 122 — Multiple Family Dwelling (Special Use) 123 — Boarding or Lodging House (Special Use) 124 — Nursing/Retirement/Convalescent Facility (Special Use) 125 — Church/Temple/Place of Worship (Special Use) 126 — Hospital (Special Use) 127 — Water Management & Use Facility (Special Use) 128 — School, Trade or Business (Special Use) 129 — College or University (Special Use) 130 — Kindergarten/Preschool (Special Use) 131 — Golf Course (Special Use) 132 — Private Recreational Facility (Special Use) 133 3. All other uses shall be prohibited. 134 135 These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an 136 interest therein. These COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a 137 public hearing after proper notice has been given. 138 139 COMMITMENTS contained in this instrument shall be effective upon the adoption of Ordinance Z- 567 -12 by the Carmel 140 Common Council changing the zoning classification of the Real Estate from a B- 1/Business District zoning classification to a B- 141 5 /Business District zoning classification. 142 143 These COMMITMENTS may be enforced by the Carmel Department of Community Services or the Carmel Plan Commission. 144 145 146 The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the 147 Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z- 567 -12. 148 149 IN WITNESS WHEREOF, owners have executed this instrument this day of , 2012. 150 151 Property Owner 152 153 154 By: 155 Jennifer J. Hartmann 156 157 158 159 160 STATE OF INDIANA 161 162 SS: 163 164 165 County of Before me the undersigned, a Notary Public 166 (County in which notarization takes place) 167 168 169 for County, State of Indiana, personally appeared 170 (Notary Public's county of residence) 171 172 173 and acknowledge the execution of the foregoing instrument this (Property 174 Owner, Attorney, or Power of Attorney) 175 176 177 day of , 20 178 179 180 181 182 Notary Public -- Signature 183 (SEAL) 184 185 186 Notary Public -- Please Print 187 188 189 My commission expires: 190 191 192 193 Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 194 1 affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, 195 unless required by law. 196 CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE OFFICIAL ZONING MAP PURSUANT TO INDIANA CODE 36 -7 -4 -605 ORDINANCE Z- 567 -12 LOT 9 (WEST PART) CAREY ADDITION: B- 1BUSINESS TO B-5/BUSINESS To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members. The Carmel Plan Commission offers you the following report on the application (Docket No. 12080007 Z: Old Town Neighborhood Rezone) of the City of Carmel, Department of Community Services petitioning the Commission for a favorable recommendation to rezone Lot 9 (West Part) Carey Addition, from B-1/Business within the Old Town District Overlay Zone, Character Sub -Area to B-5/Business District Classification within the Old Town District Overlay Zone, Character Sub -Area. The Carmel Plan Commission's recommendation on the petition of the applicant is `FAVORABLE,' with certain commitments attached. At its regularly scheduled meeting of October 16, 2012, the Carmel Plan Commission voted eleven (11) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z- 567 -12 with a Favorable Recommendation with COMMITMENTS. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant 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 Certification is Wednesday, January 23, 2013. Ramona Hancock, Secretary Carmel Plan Commission Dated: October 25, 2012 CARMEL PLAN COMMISSION B Dorman, Presiden 'OZ -04 V S Z 139 Z 1 Ol