HomeMy WebLinkAboutRezone Area
TABLE OF CONTENTS
I.
Rezone Application '", ~ aU+-'
II. Location Maps and Dimensioned Plans
. Aerial
. Area Map
. Dimensioned Plan for Real Estate Being
Zoned
III. Proposed Ordinance & Commitments
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REZONE AREA
SITE LOCATION MAP
Roads
=== Interstate
US Highway
State Road
Major Roads
Minor Roads
Subdivision Roads
New Subdivision Roads
Private Road or Drive
D Parcel Boundary
Zoning
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Carmel Clay Zoning
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B-2
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REZONE AREA
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MEMORANDUM
TO:
Ms. Lois Fine (Via Electronic Mail)
Clerk Treasurer's Office, City of Carmel
FROM:
Michael C. Cook
Wooden & McLaughlin LLP
DA TE:
October 22, 2004
RE:
Proj ect:
Location:
North Meridian Medical Pavilion
::l: 3,.81 acres of real estate located at approximately 12202 N. Meridian
Street and commonly known as the Regency Realty property, together
with ::l: 4.805 acres of real estate formally comprising a part of Lots 10,
11 and 12 in Williams Creek Farms Subdivision.
Carmel Plan Commission Docket No.: 040800049 Z
Assigned Ordinance No.: Z-459-04
As you know, the above referenced matter has been certified by the Carmel Plan
Commission for consideration by the Carmel Common Council with a favorable
recommendation, to be heard by the Carmel Common Council as part of its agenda on Monday,
November 1,.2004.
Consistent with the fo'regoing,'notice will be published in tomorrow's Noblesville Ledger
and the Indianapolis Star that a Public , Hearing will be held on the pending rezoning by the
Cannel Common Council on November 1,2004.
E-mailed herewith in connection with the foregoing are the following:
1. Form of proposed Ordinance, Ordinance No. Z-459-04 for passage of an ordinance
consistent with the Plan Commission's favorable recommendation.
2. Form of Commitments, to be entered into in connection with rezoning and passage
of the proposed ordinance, a copy of which has also been sent to Jon Dobosiewicz
for his review.
Weare in the process of preparing the required packets and they should be delivered to
your office in the morning. Packets are being prepared both with respect to the Council's
proceeding on November 1 st as well as the scheduled meeting of the Annexation and Land Use
Committee on October 28th. .
If anything else is required of us, I would appreciate it if you would let me know at your
earliest convenience.
Your continued cooperation is certainly appreciated.
MCC:jp
cc: Jon Dobosiewicz
JDobosiewicz(Ci)ci .carmel. in. us
Dan Barkes (wI enclosures)
P.s.. Jon:' Please review the proposed Commitments and let me know if the form provided is
acceptable.
2
STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
"MADE IN CONNECTION WITH A REZONING OF PROPERTY OR PLAN
APPROVAL
In accordance with I.C. 36-7-4-613 or I.C. 36-7-4-614, the owners of the real estate located in
Hamilton County, Indiana, which is described below, makes the following COMMITMENTS
concerning the use and development of the Real Estate:
Legal Description: See Exhibit "A" attached.
Statement of COMMITMENTS:
1. Lighting within the parking lots west of the buildings to be constructed upon the
Real Estate ("West Parking Lots") shall be reduced by tuming, off the lights in the west two
thirds (2/3) of the West Parking Lots (whether or not the West Parking Lots include real estate
formerly comprising a part of Williams Creek Farms Subdivision) between the hours of 10:00
p.m. and 6:30 a.m. on weekdays (Monday through Friday) and 8:00 p.m. and 7:30 a.m. on
Saturday and Sunday of each week ("Restricted Hours").
2. Any lighting which washes the west face of either of the buildings proposed to be
constructed upon the Real Estate shall also be turned off during the Restricted Hours. This
commitment shall not, however, restrict lighting under the porte~cochere on the west side of
either building, or any low-level (not exceeding three feet (3') in height) lighting located within
landscaped areas adjacent to"the west side of either Building or within the landscape islands
alternatively placed at the east end of the parking rows in the West Parking Lots.
3. Any light poles in any part of the West Parking Lots formerly comprising a part
of Williams Creek Farms Subdivision, shall not exceed fifteen feet (15') in height (measured for
purposes hereof at the central point of each pole).
4. No free-standing cellular towers or other similar free-standing towers shall be
permitted to be constructed anywhere upon the real estate.
5. Directory and building identification signage at each entrance to the West Parkll;1g
Lots off of Illinois Street shall ,be limited to low-level ground mounted signs a maximum of five
feet (5') in height which are either internally illuminated or illuminated by lighting fixtures
which are completely shielded, such signs to be located within a landscaped area at least equal to
the total sign surface area of each such sign and to otherwise comply with applicable Carmel-
Clay Land Use Regulations.
6. All roof-top equipment shall be screened from view by a parapet wall or screen
equal to or greater in height than equipment screened thereby.
7. Trash pickup from the Real Estate shall not occur before 7:30 a.m. or after 6:30
p.m. on any weekday (Monday through Friday). Trash pickup shall not be permitted on Saturday
or Sunday.
8. No above-ground structures or improvements shall be permitted within any part
of the development which was formerly a part of Williams Creek Farms Subdivision, except
light poles, low-level ground mounted directory and/or building identification signage otherwise
permitted by these commitments, a parking lot, driveways, landscaping, drainage facilities,
electrical panel boxes not exceeding five (5) feet in height, and drop-off boxes for mail pick-up
and deliveries.
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 rezoning
Ordinance No. Z-459-04 by the Carmel Common Council changing the zoning classification of
the Real Estate from a S-2.Residence District and B-3 Business District zoning classification to a
B-6 Business District zoning classification, and shall continue in effect for as long as the above-
described Real Estate remains zoned to the B-6 Business District zoning classification or until
such other time as may be specified herein.
These COMMITMENTS may be enforced jointly or severally by:
1. The Carmel Plan Commission;
2. Owners of all parcels of ground adjoining the Real Estate to a depth of two (2)
ownerships, but not exceeding six-hundred-sixty (660) feet from the perimeter of the Real Estate;
and,
3. No others.
The undersigned hereby authorizes the City of Carmel, Department of Community
Development, to record these Commitments in the office of the Recorder of Hamilton County,
Indiana, upon fmal approval of Ordinance No. Z-459-04.
IN WITNESS WHEREOF, owners have executed this instrument this
, 2004.
day of
REGENCY REALTY
By:
STATE OF INDIANA
)
) SS:
COUNTY OF
)
Before me, a Notary Public in and for said County and State, personally appeared
, duly authorized managing member of Regency Realty, and who, having
been duly sworn, acknowledged the execution of the foregoing Statement of Commitments-
2
v 3 Rezoning - Statement of Commitments - Carmel- lO-21-04.DOC
Witness my hand and Notarial Seal this _ day of
, 2004.
Notary Public
Printed Name of Notary Public
My Commission expires:
My .County of residence:
Edward' Bums
Ann Bums
STATE OF INDIANA
)
) SS:
COUNTY OF
)
Before me, a Notary Public in and for said County and State; personally appeared Edward
Rurns and Ann Burns, husband and wife, and as the Owners of a part of the Real Estate, after
having been duly sworn, acknowledged the execution of the foregoing Statement of
Commitments.
Witness my hand and Notarial Seal this
day of
, 2004.
Notary Public
Printed Name of Notary Public
My Commission expires:
My County of residence:
3
v 3 Rezoning - Statement of Commitments - Carmel - lO-21-04.DOC
Brice Guckien
Noelle Guckien
STATE OF INDIANA
)
) SS:
COUNTY OF
)
Before me, a Notary Public in and for said County and State, personally appeared Brice
Guckien and Noelle Guckien, husband and wife, and as the Owners of a part of the Real Estate,
after having been duly sworn, acknowledged the execution of the foregoing Statement of
Commitments.
Witness my hand and Notarial Seal this _ day of
, 2004.
Notary Public
Printed Name of Notary Public
My Commission expires:
My County of residence:
This instrument was prepared by Michael C. Cook, Attorney, One Indiana Square, Suite 1800,
Indianapolis, Indiana 46204. Phone (317) 639-6151, Fax (31 7) 639-6444, e-mail
mcook@woodmaclaw.com.
4
v 3 Rezoning - Statement of Commitments - Carmel- lO-21-04.DOC
EXHIBIT A
LEGAL DESCRIPTION
PARCEL NO.1 (Rezoned from B-3 to B-6)
Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range
3 East in Hamilton County, Indiana, described as follows:
Commencing at the Southeast comer of the East Half of the Northwest Quarter of Section
35, Township 18 North, Range 3 East; thence North 00 degrees 02 minutes 42 seconds West
(assumed bearing) on the East line of said Northwest Quarter 1968.00 feet; thence South 88
degrees 51 minutes 53 se.conds West parallel with the South line of said Northwest Quarter
916.93 feet Deed (924.34 feet measured) to the Westerly right of way line of local service road
#3 as per I.S.H.C. plans for Project No. STF-222 (9) dated 1973 for relocation of U.S. Highway
#31 and the place of beginning of the real estate herein described; thence South 88 degrees 51
minutes 53 seconds West parallel with said South line 403.21 feet to the West line of the East
Half of said Northwest Quarter; thence South 00 degrees 01 minutes 21 seconds East on said
West line 327.00 feet; thence North 88 degrees 51 minutes 53 seconds East parallel with said
South line 402.97 feet to the Westerly right of way line of the aforesaid service road; thence
. North 00 degrees 01 minutes 08 seconds East on said right of way line 327.01 feet to the place of
beginning, containing 3.025 acres, more or less.
and
PARCEL NO.2 (Rezoned from S-2 to B-6)
Lots 10, 11 and the east part of Lot 12 in Williams Creek Farms Subdivision, the plat of which is
recorded in Plat Book 8, Pages 1-3 in the. office of the Hamilton County Recorder, containing
4.805 acres, more or less. Also described as follows:
Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East
in Hamilton County, Indiana, described as follows:
Commencing at the Southeast comer of the Northwest Quarter of Section 35, Township 18
North, Range 3 East; thence South 88 degrees 52 minutes 28 seconds West (assumed bearing) on
the South line of said Northwest QUarter 1328.33 feet to the Squthwest comer of the East Half of
said Northwest Quarter, said comer being collinear and equidistant between said Southeast
comer and the Southwest comer of said Northwest Quarter; thence North 00 degrees 01 minutes
09 seconds West 984.12 feet to the southeast comer of Lot Numbered 12 as recorded in the Plat
of Williams Creek Farms, Instrument Number 357, Plat Book 8, pages 1-3 in the Office of the
Hamilton County Recorder also being the place of beginning ~f the real estate herein described;
thence continuing North 00 degrees 01 minutes 09 seconds West along the West line of said Plat
of Williams Creek Farms a distance of 749.00 feet to the northeast comer of Lot Numbered 10 in '
said Plat of Williams Creek Farms; thence South 89 degrees 05 minutes 34 seconds West along
the north line of said Lot Numbered'l 0 a distance of 258.63 feet to a point on a non-tangent
curve to the left with a radius of 810.00 feet, radius point being South 76 degrees 59 minutes 18
seconds East from said point; thence southerly along said curve a distance of 181.70 feet to a
point being North 89 degrees 50 minutes 26 seconds West from said radius point; thence South
00 degrees 09 minutes 34 seconds East a distance of 574.36 feet to a point on the south line of
said Lot Numbered'12; thence North 88 degrees 52 minutes 28 seconds East along said south
line of Lot Numbered 12 a distance of281.33 feet to the place of beginning, containing 4.805
acres, more or less and subject to rights-of-way and easements of ' record.
1925S3_1.DOC
v 3 Rezoning - Statement of Commitments - Carmel- 10-21-04.DOC
SPONSOR: COUNCILOR RATTERMANN
ORDINANCE NO. Z-459-04
AN ORDINANCE OF THE COMMON COUNCIL OF THE'CITY OF CARMEL,
INDIANA, REZONING DISTRICT CLASSIFICATION
Rezoning a portion of Regency Realty Property (::1: 3.81 acres) located at 12202 N. Meridian and
adjacent real estate (::1: 4.805 acres) formerly comprising a part of Lots 10, 11 and 12 in Williams
Creek Farms Subdivision
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 unincorp'orated 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 zomng ordinance; and
WHEREAS, the' Carmel/Clay Plan Commission has favorably recommended the rezoning
of the real property, the legal description and location map 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 S-2/Residence District and
the B-3 Business District Classifications to the B-6 Business District Classification.
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 passage, and
presentation to and approval by the Mayor.
Ordinance No. Z-459-04 PASSED by the Common Council of the City of
Canriel, Indiana this _ day of November, 2004, by a vote of ayes and
nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Kevin Kirby, District 2
RonaldE. Carter, President Pro Tempore
Brian Mayo, District 3
Fred Glaser, District 5
Mark Rattermann, At-Large
Joe Griffiths, District 4
Rick Sharp, District 1
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No.Z-459-04 Presented by me to the Mayor of the City of Carmel, Indiana this _
day of , 2004, at .M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance 'No. Z-459-04. Approved by me, Mayor of the City of Carmel, Indiana, this
day of ,2004, at .M.
J ames Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
This instrument was prepared by Michael C. Cook, Attorney at Law, WOODEN &
McLAUGHLIN LLP, One Indiana Square, Suite 1800, Indianapolis, IN 46204.
EXHIBIT A
LEGAL DESCRIPTION
PARCEL NO~ 1 (Rezoned from B-3 to B-6)
Part'9fthe East Half of the Northwest Quarter of Section 35, Township 18 North, Range
3 East in Harilllton County, Indiana, described as follows:
Commencing at the Southeast comer of the East Half of the Northwest Quarter of Section
35, Township 18 North, Range,3 East; thence North 00 degr~es02 minutes 42 seconds West
(assumed bearing) on the East line of said Northwest Quarter 1968.00 feet; thence South 88
degrees 51 minutes 53 seconds West parallel with the South line of said Northwest Quarter
916.93 feet Deed (924.34 feet measured) to the Westerly right of way line of local service road
#3 as per I.S.H.C. plans for Project No. STF-222 (9) dated 19,73 for relocation of U.S. Highway
#31 and the place of beginning of the real estate herein described; thence ,South 88 degrees 51
minutes 53 seconds West parallel with said South line 403.21 feet to.the West line of the East
Half of said Northwest Quarter; ,thence South 00 degrees 01 minutes 21 seconds East on said
West line 327.00 feet; thence North 88 degrees 51 minutes 53 seconds East parallel with said
South line 402.97 feet to the Westerly right of way line of$e aforesaid service road; thence
North 00 degrees 01 minutes 08 seconds East on said right of way line 327.01 feet to the place of
beginning, containing 3.025 acres, more or less.
and
PARCEL NO.2 (Rezoned from S-2 to B-6)
Lots 10, 11 and the east part of Lot 12 in Williams Creek Farms'Subdivision, the.plat of which is
recorded in Plat Book 8, Pages 1-3 in the office of the Hamilton County Recorder, containing
4.805 acres, more or less. Also described as follows:
Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East
in Hamilton County, Indiana, described as follows:
Commencing at the Southeast comer of the Northwest Quarter of Section 35, Township 18
North, Range 3 East; thence Sou~ 88 degrees 52 minutes 28 seconds West (assumed bearing) on
the South line of said Northwest Quarter 1328.33 feet to the Southwest comer of the East Half of
said Northwest Quarter, said comer being collinear and equidistant between said Southeast
comer and the Southwest comer of said Northwest Quarter; thence North 00 degrees 01 minutes
09 seconds West 984.12 feet to the southeast comer of Lot Numbered 12 as recorded in the Plat
of,Williams Creek Farms, Instrument Number 357, Plat Book 8, pages 1-3 in the Office of the
Hamilton County Recorder also being the place of beginning of the real estate herein described;
thence continuing North 00 degrees 01 minutes 09 seconds West along the West line of said Plat
of Williams Creek Farms a distance of 749.00 feet to the northeast comer of Lot Numbered 10 in
said Plat of Williams Creek Farms; thence South 89 degrees 05 minutes 34 seconds West along
the north line of said Lot Numbered 10 a distance of258.63 feet to a point on a non-tangent
curve to'the left with a radius of 810.00 feet, radius point being South 76 degrees 59 minutes 18
seconds East from saId point; thence southerly along said curve a distance of 181.70 feet to a
point being North 89 degrees 50 minutes 26 seconds West from said radius point; thence South
00 degrees 09 minutes 34 seconds East a distance of 574.36 feet to a point on the south line of
said Lot Numbered 12; thence North 88 degrees 52 minutes 28 seconds East along said south line
of Lot Numbered 12 a distance of281.33 feet to the place of beginning, containing 4.805 acres,
more or less and subject to rights-of-way and easements of record.
192553 _1.DOC