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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 All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed.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 fic. O Kevin D. Rider A.1 ,61.4,4 Richard L. Sharp, Presi• .nt Pro Tempore Cara Schleif (/ , 7 V ,- i R•nald E. Carter W. Eric Sei ensticker i of i a. uc nyder ATTES iiiaee: ,() d„r 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. 3 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