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Home My WebLink AboutZ-564-12 Rezone 120 1st Ave NE/Lot 31/D Wilkinson AdditonSponsor: Councilor Rider ORDINANCE Z- 564 -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING PROPERTY IN THE OLD TOWN AREA Rezoning 1201st Avenue NE (Lot 31, D Wilkinson's 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 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 which is illustrated in the location map of Exhibit A 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 Lot 31, D Wilkinson's 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 a Commitment to limit uses on the Real Estate as shown in Exhibit B 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 All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed.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 ?J day of , 2012, by a vote of 7 ayes and 6 nays. 11/05/2012 Z- 564 -12 2012078073 ORDINANCE $21.00 12/13/2012 10:55:00A 5 PGS Mary L. Clark HAMILTON County Recorder IN I IRIIII I I IIII i I IIII lil IIII! U!N VIII Presented VIII VIII hill I I II I II II COMMON COUNCIL FOR THE CITY OF CARMEL Presiding 0 ficer Richard L. Sharp, President Pro Telnpore Refiald E. Carter Kevin D. Rider Carol Schleif W. Eric Seidensticker ATTEST: L Diana`L. Cordray, IAMC, Clerk- reasurer Presented by me to the Mayor of the City of Carmel, Indiana this 2012, ate: as P.M. day of Diana L. Cordray, IAMC, Clerk -T easurer Approved by me, Mayor of the City of Carmel, Indiana, this (t day of 2012, at It : lames Brainard, Mayor ATTEST: Prepared by: Adrienne Keeling. Planning Administrator, One Civic Square, Carmel. IN 46032 11/05/2012 Z- 564 -12 2 EXHIBIT A PROPERTY LOCATION MAP Z -564 -12: 120 1st Avenue NE (Lot 31, D Wilkinson's Addition) 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, 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 Z- 564 -12 3 EXHIBIT B: 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 31, D Wilkinson Addition Address: 120 1' Avenue NE Docket No.: 12080007 Z Council Ordinance: Z- 564 -12 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 (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- 564 -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. These COMMITMENTS may be enforced by the Carmel Department of Community Services or the Carmel Plan Commission. The undersigned hereby authorizes the Secretary Recorder of Hamilton County, Indiana, upon final IN WITNESS WHEREOF, owners have executed STATE OF INDIANA County of SS: of the Carmel Plan Commission to record these Commitments in the office of the approval of Ordinance Z- 564 -12. this instrument thi" q day of 12(1-&--/— , 2012. Property Owners 11111.tor By: �i 1I Vic i L nn cCarl% (County in which notarization takes place) Before me the undersigned, a Notary Public for f fry-in' C" Z County, State of Indiana, personally appeared (Notary Public's county of residence) vim dnieCterr 1 Mee and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Att rney) v' day of (SEAL) 616„4-9,6J2/1/—. 1 Prepared by: AdrietmeKeeling, Planning Administrator, One Civic Square, Carmel, IN 46032 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. /I ,20/ Notary Public -- Signature Notary Public -- Please Print My commission expires: 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(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. CARME PLAN COMMISSION BY: ST: R. mona Hancock, Secretary Carmel Plan Commission Dated: October 25, 2012 rman, President 0 ? :O R 0 l ! fll