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Home My WebLink AboutZ-563-12 Rezoning Properties in the Old Town AreaSponsor: Councilor Rider ORDINANCE Z- 563 -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING PROPERTIES IN THE OLD TOWN AREA 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 and R- 4 /Residence 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 favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, October 16, 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 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. 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 All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed.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. r� PASSED by the Common Council of the City of Carmel, Indiana this J day of , 2012, by a vote of 1 ayes and a nays. 11/05/2012 Ordinance Z- 563 -12 COMMON COUNCIL FOR THE CITY OF CARMEL .4,71111°' Kc vin D. Rider Carol Schleif Presiding Officer Richard L. Sharp, P sident Pro Tempore Ronald E. Carter ATTEST: Diana L. Cordray, IAMC, Clerk- 2easurer W. Eric Sei ensticker Presented by me to the Mayor of the City of Carmel, Indiana this day of e?L 2012,at3:a5 P.M. Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this 1 day of 2012, atit:3S- A-.M. ATTEST: 1 Diana L. Cordray, IAMC, Clerkf7Jreasurer Ja es Brainard. Ja es Brainard, Mayor Prepared by: Adrienne Keeling. Planning Administrator. One Civic Square. Carmel. IN 46032 11/05/2012 Ordinance Z- 563 -I2 2 EXHIBIT A PROPERTY DESCRIPTION Rezone of properties in the Old Town District located along 1st Avenue NW, NE, 1st Street NE, 2nd Street NE and 5th Street NE, more specifically: 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 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 ZONING B3 to R4 B3 to R4 B5 to R3 B1 to R3 B1 to R3 B1 to R3 B1 to R3 B1 to R3 B1 to R3 B1 to R3 B1 to R3 B1 to R3 B1 to R3 B1 to R3 B1 to R3 B1 to R3 B1 to R3 B1 to 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 EXHIBIT B PROPERTY LOCATION MAP Z- 563 -12: Old Town Neighborhood Rezone 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, Character Sub -Area and subject to the requirements of Zoning Ordinance Chapter 23D. Carmel Plan Commission Docket No. 12080007 Z 10/25/2012 Prepared by the Department of Community Services 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 -I /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. A CARMEL PLAN CO MISSION A,. 0.WA ST: 1 mil / i -- Aw��L�l.. i Rarmona Hancock, Secretary Carmel Plan Commission Dated: October 25, 2012 rman, President I I :Oi .4 t+. 1J