HomeMy WebLinkAboutOrdinance Z-575-13,Signed by CouncilSponsor: Councilor Kevin Rider
ORDINANCE NO. Z-575-13
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
REZONING OF 1.46±ACRES LOCATED ON THE NORTH SIDE OF 98TH STREET,
CONSISTING OF THREE RECORDED LOTS BEING ADDRESSED AS 3738, 3740, AND
3742 WEST 98TH STREET, CARMEL, INDIANA, FROM THE S-1 RESIDENTIAL
DISTRICT CLASSIFICATION TO THE B-3 BUSINESS DISTRICT CLASSIFICATION
WHEREAS, pursuant to I.C. 36-7-4-602, the Common Council of the City of Carmel,
Indiana, 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 the I.C. 36-7-4-602, the Common Council of the City of Carmel,
Indiana is authorized to amend the map that is part of the Zoning Ordinance; and,
WHEREAS, the Carmel Plan Commission has rendered a "Favorable Recommendation"
regarding the request to rezone certain real property, the legal description of which is attached
hereto and incorporated herein by reference as Exhibit "A" (hereafter "Real Estate").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
I.The official Zoning Map accompanying and made part of the Zoning Ordinance is hereby
amended to change the zoning classification of the Real Estate from the S-1 Residential
zoning classification to the B-3 Business zoning classification.
II. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are
hereby repealed.
III. 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
r-4
day of
N.Saft)-V"L 2013, by a vote of b ayes and 0 nays.
1
dms.us.52489077.01
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
NI07— p 12 _SEA) I
Presi mg
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O Kevin D. Rider
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Richard L. Sharp, Presi• .nt Pro Tempore Cara Schleif (/ ,
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R•nald E. Carter W. Eric Sei ensticker
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Diana L. Cordray, IAMC, Clerk-Ti asurer
Presented to me by the Mayor of the City of Carmel, Indiana, this -.)day of
tv .irch.. , 2013, at (0:30 P .M.
AtC"--&-)X'` '
Diana L. Cordray, IAMC, Clerk-Tr;.surer
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2013, at 1O: s S A-.M.
1(
mes`I3ramard, Mayor
ATTEST:
41,juK ,,, , ,
Diana L. Cordray, IAMC, Clerk-Tr:I surer
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: Steven D. Hardin, Esq.
Prepared by Steven D. Hardin, Faegre Baker Daniels LLP, 600 E. 96th Street, Suite 600,
Indianapolis, IN 46240 (317) 569-9600
2
dms.us.52489077.01
Exhibit "A"
Lots Numbered Sixty-Four (64), Sixty-Five (65) and Sixty-Six (66) in North Augusta, 2nd
Section, an addition in Hamilton County, Indiana, as per plat thereof recorded in Deed Record
134, Page 411-412 and an Affidavit of Correction of Plat recorded March 18, 1958 in Book 51,
Page 486 in the Office of the Recorder of Hamilton County, Indiana.
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dms.us.52489077.0I
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-575-13
Rezone of 3 out of 4 lots from S-1/Residence to
B-3/Business and is within the US 421 Overlay Zone
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. 13040001Z Primrose Preschool to Rezone 3 out of 4 lots from S-1/Residential to B-
3/Business), petitioning the Commission for a favorable recommendation to rezone From
S-1/Residental to B-3/Business, within the US 421 Overlay Zone.
The Carmel Plan Commission's recommendation on the petition of the applicant is
Favorable."
At its regularly scheduled meeting of July 16, 2013, the Carmel Plan Commission voted
Nine (9) in Favor, Zero (0) Opposed, Zero (0) Abstaining, Two (2) Absent to forward to
the Common Council the proposed Ordinance No. Z-575-13 with "Favorable."
Please be advised that by virtue of the Plan Commission's Favorable Recommendation,
pursuant to IC 36-7-4-608(f), 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
the Certification is Monday October 14, 2013.
CARMEL PLAN COMMISSION
Steven R. Stromquist, President
ATTEST:
16 h(L0--HO/-Lisa Motz, Secretary n
Cannel Plan Commission -" 'R, ! L.f : ,
Dated: July 17, 2013