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Home My WebLink AboutZ-570-13 WITHDRAWN/Rezone SE Corner of 146th & Gray Road/Ricker's of Carmel/Fuel, Gas Station, Convenience StoreSponsors: Councilor Rider Councilor Finkam ORDINANCE Z- 570 -13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA \03‘ An Ordinance changing the zoning classification of 4.59 acres +/- of I , ' ocated on the southeast corner of 146th Street and Gray Road itn S -1 /Residence District classification to the B -1 /Business Dish' {ct .1. sification WHEREAS, pursuant to Indiana Code §36-7-4-600 , the Common Council of the City of Carmel, Indiana, has lawfully adopted a zon ordinance (the "Zoning Ordinance "), the terms of which are applicable to the =eogr. •hic area consisting of the incorporated area of the City of Carmel, Indiana, a r - nincorporated area of Clay Township, Hamilton County, Indiana, which Zorriiig • dinance has been codified in Chapter 10 of the Carmel City Code; and WHEREAS, pursuant to the Indiana , s - 36 -7 -4 -602, the Common Council is authorized to amend the map that is part o ' t t e o ning Ordinance; and WHEREAS, the Carmel Pla C ssion under docket number 12050013 Z has rendered a no recommendation a request to rezone certain real property, the legal description of which is t the ereto and incorporated herein by reference as Exhibit A (hereafter the "Real sta .e" NOW, THEREFO E, IT ORDAINED by the Common Council of the City of Carmel, Indiana,'as folio s: Section I: The offici oning Map accompanying and made part of the Zoning Ordinance is hereby at 'nded to change the zoning classification of the Real Estate from the S -1 /Residence D trict zoning classification to the B -1 /Business District zoning classification. Section II: Al prior ordinances or parts thereof inconsistent with any provision of this Ordinance ar hereby repealed. Section I: This Ordinance shall be in full force and effect from and after its passage and sit ing by the Mayor. Version IA 12.27.12 Ordinance Z- 570 -13 Page 11 PASSED by the Common Council of the City of Carmel, Indiana, this day of , 2013, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin D. Rider Richard L. Sharp, President Pro Tempore Carol Schleif Ronald E. Carter W. Eric Seidensticker Sue Finkam ATTEST Diana L. Cordray, IAMC, Clerk Treasurer Luci Snyder Presented by me to the Mayor of the City of Carmel, Indiana this day of , 2013, at .M. Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana this day of , 2013, at .M. James Brainard, Mayor ATTEST Diana L. Cordray, IAMC, Clerk Treasurer This Instrument prepared by: Joseph M. Scimia, Esq. and Jesse M. Pohlman, Land Use Consultant, Faegre Baker Daniels, LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 46240. Version 1Al2.27.12 Ordinance Z- 570 -13 P a g e 12 EXHIBIT A LEGAL DESCRIPTION Part of the Northwest Quarter of Section 21, Township 18 North, Range 4 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest Corner of said Northwest Quarter; thence on the West line thereof South 00 degrees 15 minutes 56 seconds East 567.59 feet to a mag nail with washer stamped "WEIHE ENGR. 0012" (mag nail) at the Southwest Corner of the land described in Instrument #200000014311 in the Office of the Recorder of Hamilton County, Indiana, being the Point of Beginning; thence on the perimeter of the land described in said Instrument #200000014311 the following nine (9) calls: (1) North 89 degrees 44 minutes 12 seconds East 29.51 feet; (2) North 00 degrees 15 minutes 47 seconds West 239.50 feet; (3) North 11 degrees 02 minutes 49 seconds East 133.83 feet; (4) North 00 degrees 15 minutes 47 seconds West 65.62 feet; (5) North 43 degrees 20 minutes 41 seconds East 48.66 feet; (6) South 88 degrees 34 minutes 27 seconds East 246.11 feet; (7) North 87 degrees 33 minutes 13 seconds East 137.95 feet; (8) North 64 degrees 52 minutes 21 seconds East 72.64 feet; (9) North 84 degrees 16 minutes 16 seconds East 111.78 feet; thence South 00 degrees 16 minutes 48 seconds West 132.31 feet; thence North 89 degrees 56 minutes 28 seconds West 76.86 feet to the East line of the land described as Parcel I in Instrument #2012004062 in the Office of said Recorder; thence on said East line South 00 degrees 03 minutes 32 seconds West 211.69 feet; thence South 89 degrees 44 minutes 04 seconds West 407.42 feet; thence South 00 degrees 15 minutes 47 seconds East 184.44 feet; thence South 89 degrees 44 minutes 13 seconds West 113.63 to a point that is 50.00 feet east of the West line of said Northwest Quarter by perpendicular measurement; thence on a line 50.00 from and parallel with said West line South 00 degrees 15 minutes 56 seconds East 85.66 feet to the South line of said Parcel I; thence on said South line North 89 degrees 43 minutes 12 seconds West 50.00 feet to a mag nail on said West line; thence on said West line North 00 degrees 15 minutes 56 seconds West 102.41 feet to the Point of Beginning containing 4.59 Acres, more or less. Version 1Al2.27.12 Ordinance Z- 570 -13 Page 13 COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE L & Q REALTY, LLC (the "Developer") makes the following commitments (these "Commitments ") to the CARMEL /CLAY ADVISORY PLAN COMMISSION (the "Commission ") regarding the use and development of the real estate described in Exhibit A (the "Real Estate ") located in the City of Carmel, Hamilton County, Indiana: Section 1. Petition These Commitments are made in connection with a request for a change of zoning with respect to a portion of the Real Estate from the S -1 /Residence District to the B- 1 /Business District. The change of zoning petition is identified by the Commission as Docket No. 12050013 Z and by the Common Council of the City of Carmel (the "Council ") as Ordinance No. Z- 570 -13 (the "Ordinance "). Section 2. Statement of Commitments A. Site Plan: The Real Estate shall be developed in substantial compliance with the site plan attached hereto as Exhibit B (the "Site Plan "). B. Maximum Building Height: The maximum building height shall not exceed one (1) story for any building on the Real Estate. C. Prohibited Uses: The uses listed in Exhibit C shall be prohibited on the Real Estate. D. Architectural Design Requirements: Buildings built on the Real Estate shall comply with the following architectural standards: a. Building Facades: Facades shall have a defined base or foundation, a middle or modulated wall, and a top formed by a pitched roof or articulated cornice. b. Facade Materials: Unless otherwise approved by the Commission as part of an ADLS approval, building facade materials and canopy support structures shall be brick, stone, or split -face block or architectural pre -cast concrete (if surface looks like brick or stone). A change in building materials shall only occur along a horizontal line, or along a vertical line of an architectural element (not a diagonal line). All facades of a building shall be of the same materials. c. Entrances: Building entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, and other design Version 12.07.12A elements appropriate to the building's architecture and details of the building as a whole. d. Awnings: Fixed or retractable awnings are permitted if they: (i) complement a building's architectural design, material, colors and details; (ii) do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); (iii) do not impair facade composition; and (iv) are designed as an integral part of the facade. e. Roof Design: i. Pitched roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 4:12 to 12:12. Pitched roofs shall not exceed a length of one - hundred (100) feet without a change in elevation of the roof ridge plane, change in direction of the roof ridge, or the addition of dormers. ii. Flat roofs shall be edged by a parapet. Parapets shall be fully integrated into the architectural design of the building and provide seamless design transitions, including exterior materials, between the main building mass, mechanical penthouses and other roof structures. iii. Rooftop mechanical equipment shall be screened on all sides or visually integrated into the overall design of the building. Rooftop mechanical equipment shall not be visible from adjoining properties or from the public right -of -way. E. Lighting: Site lighting throughout the Real Estate shall be of a uniform design, color and materials. With the exception of low intensity architectural lighting, all exterior wall mounted lights and pole mounted lights shall utilize full cut -off fixtures. Pole mounted lights shall not exceed twenty (20) feet in height, including the base. Neon lighting shall not be permitted (i) on the exterior of or (ii) outside any building. F. Landscaping: Version 12.07.12A a. Peripheral Plantings / Buffer Area: The Real Estate shall comply with the Perimeter Buffering standards of the Carmel Zoning Ordinance (Section 26.04). The portion of the Real Estate depicted on the Site Plan as "Preserved Buffer" shall be subjected to a conservation easement prior to the issuance of a building permit for the Real Estate. The exact boundary of the Preserved Buffer shall be determined at the time of ADLS approval. The Developer may reserve the rights upon dedication for any and all easements necessary to accommodate the development of the Real Estate (e.g., access, drainage). b. Foundation Plantings: Foundation plantings shall be required along all sides of any building. The minimum width of the planting area shall be five (5) feet. If plantings cannot be planted within five (5) feet of the foundation wall, then an alternative location may be chosen in coordination with the City's -2- Urban Forester. The primary landscaping materials used adjacent to buildings shall be shrubs, ground covers, and ornamental grasses. A minimum of nine (9) shrubs, ornamental trees and /or ornamental grasses shall be required per one hundred (100) linear feet of building foundation, exclusive of doors, loading dock areas and other impervious areas providing access into the building. c. Tree Preservation: Existing trees located in the area identified as "Tree Preservation Area" on the Site Plan shall be preserved; provided, that Developer may remove any dead trees or trees that create an unreasonable risk of personal injury or property damage in such area or trees that are located in the area of the Enhanced Buffer, as described herein. d. Parking and Drive Aisle Areas: Where parking areas and drive aisles (which shall include fueling station and site access drives, but shall not include where parking spaces are immediately adjacent to a building) are located in the front yard along 1461h Street or Gray Road, a planting strip shall be provided along the front and sides of those areas to soften the visual impact from the public right -of -way. One (1) shade tree, one (1) ornamental tree, and twenty (20) shrubs and /or ornamental grasses per one hundred (100) lineal feet shall be required within the planting strip. A wall may be installed in combination with or in lieu of (up to fifty percent) the required shrubs. If used, walls shall be a minimum height of forty -two (42) inches. Perimeter parking area landscaping may occupy the same space as required perimeter right -of -way landscaping. Where perimeter parking area and perimeter right -of -way landscaping overlap, the perimeter parking area landscaping requirement shall not be applicable and only the perimeter right -of -way landscaping requirement shall be applicable. The perimeter parking lot landscaping may be broken into segments to allow for pedestrian movement. e. Screening Areas: Screening and landscaping shall prevent direct views of building loading areas, dumpsters and mechanical equipment from adjacently zoned residential properties and the public right -of -way. Screening shall be impervious and may be achieved through the use of walls, fencing, parapets, penthouse screens, landscaping, camouflage, or other methods which may be approved by the Commission. f. Enhanced Buffer: A planting area shall be installed along the south and east sides of the developed area of the site, as shown on the Concept Plan (the "Enhanced Buffer "). The Enhanced Buffer shall include: (i) evergreen trees, a minimum of six (6) feet tall at planting, planted in a staggered pattern fifteen (15) feet on center; and (ii) one (1) shade tree, two (2) ornamental trees, and ten (10) shrubs and /or ornamental grasses per one hundred (100) lineal feet. g. Version 12.07.12A The requirements of (d) and (f), above, may be modified by the Commission as part of an ADLS approval based on the recommendations of the City's -3- Department of Community Services and the City's Urban Forester. Modifications should not compromise the desired effect of said requirements. G. Thoroughfare Plan. The Developer shall comply with the requirements of the Thoroughfare Plan in accordance with Chapter 2.09 of the Carmel /Clay Zoning Ordinance. In addition, a pedestrian connection shall be provided from the Real Estate's perimeter path along 146t1i Street or Gray Road to the Real Estate's primary building, as shown on the Site Plan. Section 3. Binding Effect These commitments are binding upon the Developer, each subsequent owner of the Real Estate and each other person acquiring an interest in the Real Estate, unless modified or terminated as provided herein. Section 4. Modification of Commitments Pursuant to Section 31.06.05 of the Carmel /Clay Zoning Ordinance, these Commitments may be modified or terminated only by a decision of the Commission made at a public hearing after notice of the hearing has been given under the Commission's Rules of Procedure. Section 5. Effective Date These commitments shall be effective on the date upon which the Council approves the Ordinance. Section 6. Recording The undersigned hereby authorizes the Director of the Department of Community Services for the City of Carmel, Indiana, and /or his /her authorized representative, to record this instrument in the Office of the Recorder of Hamilton County, Indiana, upon approval of the Ordinance. Section 7. Enforcement These commitments may be enforced by the Commission. Version 12.07.12A !Remainder of page intentionally left blank; signature page follows.) -4- IN WITNESS WHEREOF, L & Q REALTY, LLC, has caused these Commitments to be executed as of the day of , 2013. L & Q REALTY, LLC By: Its: STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared , who having been duly sworn acknowledged the execution of the foregoing Commitments. Witness my hand and Notarial Seal this day of , 2013. My Commission Expires: Notary Public Printed Residing in County I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security number in this document, unless required by law: Joseph M. Scimia This instrument prepared by: Joseph M. Scimia, Attorney at Law, and Jesse M. Pohlman, Land Use Consultant, Faegre Baker Daniels, LLP, 600 East 96`'' Street, Suite 600, Indianapolis, Indiana 46240, (317) 569 -9600. Version 12.07.12A -5- EXHIBIT A REAL ESTATE Sheriffs Deed - Instrument No. 2012004062 PARCEL I: Beginning 127 3/11 rods West of the Northeast Corner of the Northwest Quarter of Section 21, Township 18 north, Range 4 East; thence South 80 rods; thence West to the West line of said Section 21; thence North to the North line of Section 21; thence east to the Place of Beginning. Except a part of the northwest Quarter of section 21, Township 18 North, Range 4 East, more particularly described as follows: Begin 1158.68 feet South of the Northwest Corner of said Section 21, and run thence South 161.32 feet; thence East 556.50 feet; thence North 161.32 feet; thence West 556.50 feet to the Place of Beginning. Except part of the Northwest Quarter of Section 21, Township 18 north, Range 4 East In Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of Section 21, Township 18 North, Range 4 East; thence North 90 degrees 00 minutes West (assumed bearing) on and along the North line of said Northwest Quarter 2100.0 feet; thence South 00 degrees 22 minutes East parallel with the East line of said Northwest Quarter 1005.95 feet to the Place of Beginning of this tract; thence South 00 degrees 22 minutes East parallel with said east line 152.73 feet; thence South 90 degrees 00 minutes West parallel with said North line 570.20 feet to the West line of said Northwest Quarter; thence North 00 degrees 33 minutes West on and along said West line 152.73 feet to a point which is 1005.95 feet South 00 degrees 33 minutes East of the Northwest Corner of said Northwest Quarter; thence North 90 degrees 00 minutes East parallel with said North line 570.69 feet to the Place of Beginning. Except a part of the Northwest Quarter of Section 21, Township 18 North, Range 4 east in Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the West line of the Northwest Quarter of Section 21, Township 18 North, Range 4 East, 670.00 feet South 00 degrees 33 minutes East (assumed bearing) from the Northwest Corner thereof; thence South 00 degrees 33 minutes East on and along said West line 183.22 feet; thence North 90 degrees 00 minutes East parallel with the North line of said Northwest Quarter 568.50 feet; thence North 00 degrees 33 minutes West parallel with said West line 183.22 feet; thence South 90 degrees 00 minutes West parallel with said North line 568.50 feet to the Place of Beginning. Except a part of the Northwest Quarter of Section 21, Township 18 North, Range 4 East, Hamilton County, Indiana, more particularly described as follows: Beginning on the West line of said Quarter Section South 00 degrees 33 minutes East (assumed Version 12.07.12A -6- basis of bearing) 853.22 feet from the Northwest Corner thereof; thence North 90 degrees 00 minutes East, parallel with the north line of said Quarter Section 571.18 feet to a point 2100.0 feet West of the East line of said Quarter Section; thence South 00 degrees 22 minutes East, parallel with said East line 152.73 feet; thence South 90 degrees 00 minutes West parallel with said North line 570.69 feet to the West line of said Quarter Section; thence North 00 degrees 33 minutes West along said West line 152.73 feet to the Point of Beginning. Also except that part taken through Condemnation of Real Estate by the Board of Commissioners of Hamilton County, within the Superior Court Room 3 of Hamilton County, Cause No. 29D03- 9912 -MI- 00759, and recorded March 30, 2000 as Instrument No. 2000 - 14311, more particularly described as follows: A part of the Northwest Quarter Of section 21, Township 18 North, Range 4 East, Hamilton County, Indiana, and being that part of the grantor's land described as follows: Beginning at the Northwest Corner of said section; thence South 89 degrees 43 minutes 34 seconds East 275.316 meters (903.27 feet) along the North line of said Section to the Northeast Corner of the grantor's land; thence South 0 degrees 15 minutes 49 seconds East 22.301 meters (74.36 feet) along the East line of the grantor's land to a point; thence parallel with the North line of said Section North 89 degrees 43 minutes 14 seconds West 13.021 meters (942.72 feet) to a point; thence North 82 degrees 47 minutes 01 seconds West 60.442 meters (198.30 feet) to -a point; thence South 84 degrees 16 minutes 14 seconds West 38.210 meters (125.36 feet) to a point; thence South 64 degrees 52 minutes 19 seconds West 22.142 meters (72.64 feet) to a point; thence South 87 degrees 33 minutes 11 seconds West 42.048 meters (137.96 feet) to a point; thence North 88 degrees 34 Minutes 29 seconds West 75.015 meters (246.11 feet) to a point; thence South 43 degrees 70 minutes 39 seconds West 14.833 meters (48.66 feet) to a point; thence parallel with the West line of said Section South 0 degrees 15 minutes 49 second East 20.000 meters (65.62 feet) to a point; thence South 21 degrees 02 minutes 47 seconds West 40.792 meters (133.83 feet) to a point thence parallel With the West line of said Section South 0 degrees 15 minutes 49 seconds East 73.000 meters (239.50 feet) to a point; thence South 89 degrees 44 minutes 11 seconds West 2.904 meters (9.53 feet) to a point on the East boundary Of Gray Road; thence South 89 degrees 44 minutes 11 seconds West 9.000 meters (29.53 feet) to the West line of said Section; thence North 0 degrees 15 minutes 49 seconds West 173.000 meters (565.59 feet) along said West line to the Point of Beginning. PARCEL II: Beginning at a Point 107 rods and 4 1/2 feet West of the Northeast Corner of the Northwest Quarter of Section 21, Township 18 north, Range 4 East; running thence West 20 Rods; thence South 40 rods; thence East 20 Rods; thence North 40 rods to the Place of Beginning. Version 12.07.12A -7- AVamataadts-azto,- ,.. • , .A3--. ...,' • • lete.,:e -*-;--- 41,-,Ini' .i. 4:=,..N.-:•-•,...........,to—witZft.w.imANAI;.4°N.i.",:::*4,71300/D.? •.-1' treo* ......,, ,..., . , . _ -,o,.... • n'iL,-.. '• '4., ..-..:,,,.:;:a.144.-a:./1-1.Z.1,..Ms!,",27;c.V.V.,,,, , .. EXHIBIT B SOLE 1 100' 0 25 50 100 Page 1 of 1 WEIHE ENGINEERS 1030314..01./..nut 310104-.011 RICKERS OF CARMEL Date: 28 NOVEMBER 2012 EXHIBIT C LIST OF PROHIBITED USES (These uses would otherwise be permitted in the B -1 /Business District.) 1. Research Laboratory /Facility 2. Hospital 3. School, Trade or Business 4. Lumber /Building Materials Sales 5. Automobile /Boat Sales 6. Commercial Kennel 7. Dry Cleaning Establishment (with on -site plant) 8. Equipment Sales /Repair 9. Funeral Home /Mortuary /Crematory 10. Recreational Vehicle /Mobile Homes Sales 11. Self- Service Laundry 12. Tattoo Studio 13. Veterinary Hospital with commercial kennel 14. Art Gallery 15. Art & Music Center 16. Carnivals, Fairs, Circuses, etc. 17. Indoor Theater 18. Catering Establishment 19. Meeting or Party Hall 20. Tavern/Night Club 21. Commercial Recreational Facility, Indoor 22. Private Club or Lodge 23. Shooting Gallery 24. Motor Bus or Railroad Passenger Station 25. Commercial Parking Lot Version 12.07.12A -9- FaegreBD.com FPEGRE IELS Joseph M. Scimia Partner Joseph.Scimia @FaegreBD.com Direct 317 -569 -4829 February 21, 2013 VIA EMAIL CORRESPONDENCE AND U.S. FIRST CLASS MAIL Mr. Rick Sharp President Carmel City Council Cannel City Hall One Civic Square Carmel, LN 46032 RE: Ordinance Z- 570 -13 Dear Mr. Sharp: USA UK ' CHINA Faegre Baker Daniels LLP 600 East 96th Street . Suite 600 Indianapolis . Indiana 46240 -3789 Phone +1 317 569 9600 Fax +1 317 569 4800 This firm represents the Petitioner in the above- referenced rezoning petitions. This letter shall constitute the Petitioner's withdrawal of its request to rezone approximately 4.59 acres =I- of land located on the southeast corner of 146th Street and Gray Road in Carmel, Indiana. Unless we are notified otherwise, we will assume that the above - referenced rezoning petition has been properly withdrawn, and representatives of the Petitioner will not be present at the Land Use, Annexation Economic Development Committee Meeting on February 26, 2013. Thank you for your attention in this matter. Sincerely, BAKER D S LLP JI4S /m1b / cc: Eric eidensti rI ! Mi ael Hollibaugh jay Ricker DMS_US 51626854v1