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HomeMy WebLinkAboutZ-568-12 Rezoning Hunter/Pullins Buffering Lot from PUD to S-2 ResidentialSPONSOR: COUNCILOR RIDER ORDINANCE Z- 568 -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA REZONING DISTRICT CLASSIFICATIONS Rezoning the Hunter /Pullin' buffering lot, purchased from the Aramore PUD, from PUD back to its original zoning of S -2, which matches the current zoning of the adjoining Hunter /Pull ins ' property. 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 Plan Commission has favorably recommended the rezoning of the real property, the legal description of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel. Indiana, as follows: Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby changed to designate the real property from the PUD Classification to the S -2 /Residential Classification. Section 2. AU prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed.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 3 day of lizclux&WA____, 2012, by a vote of 7 ayes and 0 nays. Z;'° i f;, ss 1101 COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Richard L. harp, Pr sident Pro Tempore nald E. Carter evin D. Rider Carol Schleif W. Eric Seidensticker ATTEST: Diana L. Cordray, IAMC, Cler - Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this Lt day of 2012, at3: aS P.M. 4 Diana L. Cordray, IAMC, Clerk -Tr : asurer Approved by me, Mayor of the City of Carmel, Indiana, this 1(-I day of `L 2012, at \1 :3S &-.M. mes Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk- jljreasurer Prepared by: Lucy Hunter and Denise Pullins a, Blue outlines land being requested to be rezoned to match yellow S- 2/Residential Zoning. Maroon is Aramore PUD. Hunter/Pullins land is in yellow to the north and east of the area. LEGAL DESCRIPTION PARCEL Part of the Northwest Quarter of the Southwest Quarter of Section 7. Township 17 North, Range 4 East, in Hamilton County, Indiana, described as follows: Commencing at the Northwest corner of said quarter section: thence South 00 degrees 09 minutes 06 seconds West assumed bearing) along the West line of said quarter section a distance of 425.85 feet to the Northwest corner of a tract of land described in a deed recorded as Instrument Number 2005 -26315 in the Office of the Recorder of Hamilton County. Indiana; thence South 89 degrees 50 minutes 54 seconds East along the North line of said tract a distance of 75.00 feet to the Northeast corner of said tract, being a point on the South line of a tract of land described in a deed recorded as Instrument Number 89- 25227; thence continuing South 89 degrees 50 minutes 54 seconds East along said South line a distance of 305.00 feet to the Southeast corner thereof; thence North 00 degrees 09 minutes 06 seconds East along the East line of said tract a distance of 119.00 feet to the Northeast corner thereof being a point on the North line of a tract of land described in a deed recorded as Instrument Number 2005 -26316 ( the following two courses are along the Northerly and Easterly lines of said tract of land) 1) thence South 89 degrees 50 minutes 54 seconds East a distance of 124.20 feet to a point on the West line of Pullin tract ( Instrument No. 93 -6989 per records of Hamilton County); 2) thence along said West line, South 00 degrees 09 minutes 06 seconds West a distance of 173.36 feet to the Point of beginning ( herein after referred to a point "A ") of the following two (2) described tracts; thence North 89 degrees 47 minutes 07 seconds West 124.20 feet to a rebarwith orange cap stamped "JD HALL LS20500017 "; thence North 00 degrees 09 minutes 06 seconds East 173.22 feet; thence South 89 degrees 50 minutes 54 seconds East 124.20 feet to a rebar with Schneider Corp. cap; thence South 00 degrees 09 minutes 06 seconds West 173.36 feet to the Point of Beginning ( Point "A "), containing 0.494 acres (21,522.33 square feet) more or less. PARCEL 11 Beginning at a Point A, thence along the South line of said Pullin tract, South 89 degrees 47 minutes 07 seconds East 78.06 feet to a rebarwith orange cap stamped "JD HALL LS20500017'; thence leaving said line, parallel with the West line of Hunter Tract (Instrument No. 88- 14656), South 00 degrees 09 minutes 06 seconds West 222.27 feet to a rebar with orange cap stamped "JD HALL LS20500017" thence North 89 degrees 31 minutes 1 seconds West 78.06 feet to a rebar with orange cap stamped "JD HALL LS20500017" thence parallel to said West line of Hunter, North 00 degrees 09 minutes 06 seconds East 221.91 feet to the Point of Beginning, containing 0.398 (17,336.78 square feet) more or less. Grantor hereby expressly reserves a fifteen (15) foot Easement for Drainage, Utilities and Landscape Maintenance along the West and South portions of the above described Parcels I and II. PARCEL 1II Part of the Northwest Quarter of the Southwest Quarter of Section 7, Township 17 North Range 4 East, Hamilton County, Indiana, described as follows: Commencing at the Northwest corner of said quarter section; thence South 00 degrees 09 minutes 06 seconds West ( assumed bearing) along the West line of said quarter section a distance of 425.85 feet to the Northwest corner of a tract of land described in a deed recorded as Instrument Number 2005 -26315 in the Office of the Recorder of Hamilton County, Indiana; thence South 89 degrees 50 minutes 54 seconds East along the North line of said tract a distance of 75.00 feet to the Northeast corner of said tract, being a point on the South line of a tract of land described in a deed recorded as Instrument Number 89- 25227; thence continuing South 89 degrees 50 minutes 54 seconds East along said South line a distance of 305.00 feet to the Southeast corner thereof; thence North 00 degrees 09 minutes 06 seconds East along the East line of said tract a distance of 119.00 feet to the Northeast corner thereof being a point on the North line of a tract of land described in a deed recorded in instrument number 2005 -26316 ( the following two courses are along the Northerly and Easterly lines of said tract of land); 1)thence South 89 degrees 50 minutes 54 seconds East a distance of 124.20 feet to a point on the West line of Pullin tract ( Instrument No. 93 -6989 per records of Hamilton County); 2) thence along said West line, South 00 degrees 09 minutes 06 seconds West a distance of 173.36 feet; 3) thence along the South line of Pullin tract, South 89 degrees 47 minutes 07 seconds East a distance of 78.06 feet to a 5/8" rebar with orange cap stamped "JD HALL LS20500017" marking the Point of Beginning; thence continue South 89 degrees 47 minutes 07 seconds East 77.94 feet to a Schneider capped rebar at the Northwesterly corner of Hunter Tract ( Instrument No. 88- 14656); thence along the West line of said Hunter tract, South 00 degrees 09 minutes 06 seconds West 222.63 feet to a Schneider capped rebar at the Southwest corner thereof; thence North 89 degrees 31 minutes 11 seconds West 77.94 feet to a rebar with orange cap stamped "JD HALL LS20500017" thence parallel to said West line of Hunter, North 00 degrees 09 minutes 06 seconds East 222.27 feet to the Point of Beginning , containing 0.398 acres (17,336.78 square feet) more or less. Grantor expressly reserves a fifteen (15) foot easement for Drainaae, utilities & Landscape Maintenance along the South portion of the above described tract, CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL TO AMEND THE ZONING ORDINANCE PURSUANT TO INDIANA CODE 36 -7 -4 -508 ORDINANCE Z- 568 -12 HUNTER/PULLINS REZONE (part of Aramore PUD) from PUD to S -2 /Residential 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. 12090011 Z) of Jamie & Lucy Hunter, and Grant & Denise Pullins, owners, petitioning the Commission for a favorable recommendation to amend the zoning from PUD (part of Aramore PUD) to S -2 /Residential. 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- 568 -12 with a Favorable Recommendation. Al EST: / , / / /.Q/ amona`=ancock, ecretary CARMEL PLAN COMMISSION rman, President Carmel Plan Commission Dated: October 26, 2012 8E:1