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HomeMy WebLinkAboutZ-573-13 Amend The Westmont PUDSponsor: Counselor Sharp ORDINANCE Z- 573 -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, 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 (the "Westmont Ordinance "), 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 "); and, WHEREAS, the Carmel Plan Commission has given a favorable recommendation to this Ordinance Z- 573 -13. 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 Section 4.3 of the Westmont Ordinance, which provides as follows, is hereby removed from the Westmont Ordinance and repealed and shall be of no further force or effect: "Each Dwelling in the Westmont District shall be built by a builder which, during each of the five (5) calendar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- 573-13 shall continue, unchanged, and the Westmont Ordinance, as amended and revised by this Ordinance, Z- 573 -13, shall remain in full force and effect. Section 3. This Ordinance Z- 573 -13 shall be in full force and effect from and after its passage and signing by the Mayor. ADOPTED by the Common Council of the City of Cannel, Indiana this �.. day of I\-keu t , 2013, by a vote of l.o ayes and C) nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Richard L. Sharp, TPres i ent Pro Tempore ATTEST: C.� Diana L. Cordray, IAMC, Clerk -Tr- -: urer Kevin D. Rider Carol Schleif W. Eric Sei . ensticker Presented by me to the Mayor of the City of Carmel, Indiana this 1 day of 2013, at I 1 : 1S A.m. Nrn Diana L. Cordray, IAMC, Clerk- Tre.s+rer Approved by me, Mayor of the City of Carmel, Indiana, this I Li day of 2013, at if: Sv A.M. \nrx)1/4) ATTEST: V Diana L. Cordray, IAMC, Clerk-Tr a�urer arses Brainard, Mayor 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. Ord Anindt 1st Reading Draft 4.16.13 2 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. 3 riul- ' • , . • 1. • \Vesta-tont — Carmel, Site Location Ntap I Aerial, PliotOgrapli