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HomeMy WebLinkAboutZ-582-13 FAILED - Silvara PUD Amendments Sponsor: Councilor Kevin D. Rider ORDINANCE Z-582-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE ,\ CITY OF CARMEL, INDIANA o An Ordinance amending zoning ordinance Z-553-11 regarding the number of access points to the real estate located \\' northwest of the intersection of 116`' Street and Spring 'll 1%a . WHEREAS, pursuant to Indiana Code §36-7-4-600 et sevt Common Council of the City of Carmel, Indiana, has lawfully adopted a zoning or nance (the "Zoning Ordinance"), the terms of which are applicable to the geographi area consisting of the incorporated area of the City of Carmel, Indiana, : • ' : uni corporated area of Clay Township, Hamilton County, Indiana, which Zoni-_ Or.i ince has been codified in Chapter 10 of the Carmel City Code; and WHEREAS, pursuant to the Indiana Co 6 -4-602, the Common Council is authorized to amend the text that is part of Zon n rdinance; and WHEREAS, the Carmel P Comrliss• n under docket number 13060020 OA has rendered a favorable recomme a • reg ding a request to amend the Silvara PUD District Ordinance (the "Silv,. a Ordi c " originally adopted as Ordinance Number 2- 553-11 and applicable to c; ain real operty, the legal description of which is attached hereto and incorporated herein by refere ce as Exhibit A (hereafter the "Real Estate'-). NOW, THEREFO' 03E ORDAINED by the Common Council of the_ City of Carmel, Indiana, as follows Section I: The Conceptual 'Ian, attached as Exhibit C to the Silvara Ordinance, is hereby replaced with the Ct ceptual Plan, attached hereto as Exhibit B. Section II: The Connectivity Plan, attached as Exhibit E to the Silvara Ordinance, is hereby replaced wit he Connectivity Plan, attached hereto as Exhibit C. Section III: T • Conditions to Enactment of Ordinance Z-553-11, attached as Exhibit L to the Silvar. Ordinance, are hereby replaced with the Conditions to Enactment of Ordinance .-553-11, attached hereto as Exhibit D. Sectio V: All prior ordinances or parts thereof inconsistent with any provision of this Ordi nce are hereby repealed. •ction V: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. V .; r s i o n IA 11.05.13 Ordinance Z-582-13 P a ;e 11 EA‘LED g �y the Common Council of the City of Carmel, Indiana, this t day of N , 2013, by a vote of 0 ayes and 7 nays. COMMON COUNCIL FOR THE CITY OF CARMEL D PPesE� Presiding Officer Kevin D. Rider O PPo-s rn OPPoscI Richard L. Sharp, President Pro Tempore Carol Schleif 0 PPOS �-I, 1J PPOSEiD Ronald E. Carter W. Eric Seidensticker 0 P Pas e d PPesE_O 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: Steven D. Hardin, Esq., Faegre Baker Daniels, LLP, 600 East 96th Street, Suite 600,Indianapolis,Indiana 46240. V , - , ton I A 11.05.13 Ordinance Z-582-13 Page 12 EXHIBIT A LEGAL DESCRIPTION A part of Section 34,Township 18 North, Range 3 East,of the Second Principle Meridian,Clay Township, Hamilton County, Indiana,being more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of said Section; thence North 00 degrees 20 minutes 13 seconds East along the east line thereof a distance of 977.77 feet to the POINT OF BEGINNING of this description; thence North 89 degrees 39 minutes 47 seconds West 1,070.69 feet to a Northwest comer of the real estate described Instrument Number 92-22718 of the Office of the Recorder, Hamilton County, Indiana; thence South 89 degrees 31 minutes 47 seconds West 1,589.00 feet to the West line of said Southeast Quarter Section to a point South 00 degrees 27 minutes 00 seconds West 191.57 feet from the Southeast corner of the real estate described in Instrument Number 97-27194 in said Recorder's Office; thence North 00 degrees 27 minutes 00 seconds East 945.93 feet; thence North 44 degrees 59 minutes 34 seconds West 926.14 feet; thence South 89 degrees 33 minutes 54 seconds West 662.97 feet to a point the West line of the East Half of said Southwest Quarter Section; thence North 00 degrees 23 minutes 36 seconds East along said West line 33.00 feet to the Southwest corner of the Southeast Quarter of the Northwest Quarter of said Section; thence North 00 degrees 20 minutes 44 seconds East along said West line of said Quarter-Quarter Section a distance of 1,314.57 feet to the Northwest comer of said Quarter-Quarter Section; thence North 89 degrees 33 minutes 14 seconds East along the North line of said Quarter-Quarter Section a distance of 1,323.71 feet to the Northwest corner of the Southwest Quarter of the Northeast Quarter of said Section; thence North 89 degrees 30 minutes 51 seconds East along the North line of said Quarter-Quarter Section a distance of 719.16 feet to the Southwest comer of the real estate described in Deed Book 220, Page 253 in said Recorder's Office;thence along the bounds of said real estate by the next two (2) courses; 1)thence North 00 degrees 17 minutes 00 seconds East parallel with the East line of Northwest Quarter of said Northeast Quarter Section a distance of 494.50 feet; 2)North 89 degrees 30 minutes 51 seconds East parallel with the South line of the Northwest Quarter of said Northeast Quarter Section a distance of 607.00 feet to the West line of the Northeast Quarter of said Northeast Quarter Section; thence North 00 degrees 17 minutes 00 seconds East along said West line 721.85 feet to the Southwest comer of the real estate described in Instrument Number 92-26837 in said Recorder's Office; thence along the bounds of said real estate by the next two(2) courses; 1)North 89 degrees 32 minutes 59 seconds East parallel with the North line of Quarter-Quarter Section a distance of 218.17 feet; 2)North 00 degrees 17 minutes 00 seconds East parallel with the West line of said Quarter-Quarter Section a distance of 100.00 feet to the North line of said Quarter-Quarter Section; thence North 89 degrees 32 minutes 59 seconds East along said North line 381.23 feet to a Northeast corner of the real estate described in Instrument Number 94-7077 in said Recorder's Office; thence along the bounds of said real estate by the next three (3) courses; 1) South 00 degrees 13 minutes 14 seconds West parallel with the East line of said Quarter-Quarter Section a distance of 300.00 feet; 2)North 89 degrees 32 minutes 59 seconds East parallel with the North line of said Quarter-Quarter Section a distance of 439.00 feet; 3) South 00 degrees 13 minutes 14 seconds West parallel with the East line of said Quarter-Quarter Section a distance of 153.49 feet to the Northwest corner of the real estate described in Instrument Number 2009-56608 in said Recorder's Office; thence along the bounds of said real estate by the next two (2)courses; 1)thence North 64 degrees 56 minutes 13 seconds East 111.85 feet;2)North 83 degrees 45 minutes 53 seconds East 146.53 to a point on the existing western right-of-way line of Spring Mill Road, the following ten (10) calls being along said right-of-way line (1) South 02'degrees 52 minutes 25 seconds East 282.48 feet; (2) South 00 degrees 13 minutes 15 seconds West 35.62 feet; (3) South 00 degrees 13 minutes 14 seconds West 264.28 feet; (4)South 04 degrees 18 minutes 22 seconds West 240.27; (5)South 04 degrees 18 minutes 24 seconds West 110.63 feet; (6) South 00 degrees 13 minutes 14 seconds West 150.00 feet; (7) South 89 degrees 46 minutes 46 seconds East 20.00 feet;(8) South 00 degrees 13 minutes 14 seconds West 60.00 feet;(9)South 05 degrees 25 minutes 22 seconds East 137.30 feet; (10) North 89 degrees 31 minutes 47 seconds East 16.50 feet to a point on the East line of said quarter section;thence South 00 degrees 13 minutes 14 seconds West along the east line thereof a distance of 960.00 feet to the East Quarter corner of said Section; thence South 00 degrees 20 minutes 13 seconds West along the East line of said Section a distance of 1,653.97 feet to the Place of Beginning, containing 266.028 acres, more or less, subject to all legal highways, rights-of- ways,easements,and restrictions of record. V ,: C;: ion 1A1 1.05.13 Ordinance Z-582-13 Page 13