HomeMy WebLinkAboutPacket 04-16-13
Westmont PUD
Docket No. 13030007 OA
ORDINANCE AMENDMENT
CITY OF CARMEL, INDIANA
April 16, 2013
Carmel Plan Commission
Applicant: Sweet Charity Estates, LLC
Attorneys – Nelson & Frankenberger, P.C.
Attn: Charles D. Frankenberger, Attorney
844-0106
Attn: Jon C. Dobosiewicz
Land Use Professional
844-0106
TABLE OF CONTENTS
1. Explanation of Request
2. Site Location Map / Aerial Photograph
3. Site Plan
4. Proposed Ordinance
TAB 1
TAB 2
Westmont –Carmel, IN
Site Location Map / Aerial Photograph
SITE
NORTHNORTH
141st Street
136th Street
TAB 3
TAB 4
Sponsor: ____________________________
ORDINANCE Z-____-13
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
AMENDING THE WESTMONT
PLANNED UNIT DEVELOPMENT DISTRICT (Z-507-07)
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the “Zoning
Ordinance”), provides for the establishment of a Planned Unit Development District in
accordance with the requirements of I.C. § 36-7-4-1500 et seq.; and
WHEREAS, the Carmel City Council Adopted Ordinance Z-507-07 on August 7, 2007,
which established the Westmont Planned Unit Development District with respect to the real
estate legally described in what is attached hereto and incorporated herein by reference as
Exhibit A (the “Real Estate”),
WHEREAS, the Carmel Plan Commission has given a ______________
recommendation to this Ordinance Z-______-13 (the “2013 Westmont Text Amendment
Ordinance”).
NOW, THEREFORE, BE IT ORDAINED by the Carmel City Council, that the
Westmont Ordinance be amended as follows:
Section 1. Section 4.3 of the Westmont Ordinance, which provides as follows, is hereby
repealed and shall be of no further force or effect.
“Each Dwelling in the Westmont District shall be built by a builder which,
during each of the five (5) calendar years prior to commencement of
construction of such Dwelling in the Westmont District, has built fewer
than one hundred (100) Dwellings per calendar year.”
Section 2. All provisions of the Westmont Ordinance not affected by this Ordinance Z-
_____-13 shall continue, unchanged, and the Westmont Ordinance, as amended and
revised by this Ordinance, Z-_____-13, shall remain in full force and effect.
Section 3. This Ordinance Z-____-13 shall be in full force and effect from and after its
passage and signing by the Mayor.
2
ADOPTED 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 Luci Snyder
ATTEST:
__________________________________
Diana L. Cordray, IAMC, Clerk-Treasurer
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: Charles D. Frankenberger, attorney at law, NELSON &
FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON &
FRANKENBERGER. 3105 East 98th Street, Suite 170, Indianapolis, IN 46280.
Westmont PUD Amendment - Filing Draft 032113
3
Exhibit A
A part of the South Half of Section 21, Township 18 North, Range 3 East, Clay Township,
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of said Half Section; thence South 89 degrees 38 minutes
41 seconds West along the South line of said Half Section a distance of 1,337.65 feet to the
Southeast corner of the West Half of the Southeast Quarter of said Section; thence continuing
South 89 degrees 38 minutes 41 seconds West along said South line 480.00 feet to the POINT
OF BEGINNING of this description; thence North 00 degrees 13 minutes 55 seconds East
parallel with the East line of said Half Quarter Section a distance of 600.00 feet; thence North 89
degrees 38 minutes 41 seconds East parallel to the South line of said Quarter Section a distance
of 480.00 feet to the East line of said Half Quarter Section; thence North 00 degrees 13 minutes
55 seconds East along said East line 2,030.82 feet to the Northeast corner of said Half Quarter
Section; thence South 89 degrees 40 minutes 24 seconds West along the North line of said
Quarter Section a distance of 1,345.38 feet to the Northeast corner of the Southwest Quarter of
said Section; thence South 89 degrees 39 minutes 54 seconds West along the North line of said
Quarter Section a distance of 748.82 feet to the Northeast corner of Westwood Estates, Section 1,
recorded as Instrument Number 2003-124222 in Plat Cabinet 3, Slide 313 in the Office of the
Recorder, Hamilton County, Indiana; thence South 00 degrees 05 minutes 41 seconds East along
the East line of Westwood Estates, Section 1 and parallel to the West line of the East Half of said
Quarter Section a distance of 1,315.72 feet to the North line of the Bennett Subdivision, recorded
as Instrument Number 2004-49422 in Plat Cabinet 3, Slide 443 in said Recorder’s Office; thence
along the Northern and Eastern lines of said Bennett Subdivision by the next two (2) courses; 1)
North 89 degrees 38 minutes 41 seconds East 116.48 feet; 2) South 00 degrees 21 minutes 19
seconds East 662.66 feet to the Southeast corner of said Bennett Subdivision; thence continuing
South 00 degrees 21 minutes 19 seconds East 653.25 feet to the South line of said Half Section;
thence North 89 degrees 38 minutes 41 seconds East along said South line 1,476.74 feet to the
place of beginning, containing 115.824 acres, more or less.