Z-520-08 Reclassify Duke Prop from Industrial to PUDSPONSOR: Councilor Rider
ORDINANCE Z-520-08
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, REZONING DISTRICT CLASSIFICATION
Rezoning the Duke Energy Parcels at the NE Corner of 116`x' Street & Guilford Road fi-ona the 1-
111tdustrial District Classification to the PUD/Planned Unit Development District Classification
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 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 Indiana Code 36-7-4-602 the Common Council is authorized to
amend the map that is part of the zoning ordinance; and
WHEREAS, the Carmel Plan Commission has favorably recommended the rezoning of
the real property, the legal description 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 I-1/Industrial District Classification to
the PUD/Planned Unit Development 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Ordinance are hereby repealed.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 its passage and signing
by the Mayor.
PASSED by the Common Council of the City of Carmel,.Indiana this o104-'-day of
QCl:Dht?e 2008, by a vote of (v ayes and a nays.
COMMON COUN?IL
THE CITY OF CARMEL, INDIANA
N oT FjL(3S e NT
W. Eric Seidensticker
L,fugESdyder
ATTEST:
Diana L. Cordray, IAMC, Clefreasurer
Presented by me to the Mayor of the City of Carmel, Indiana this cat day of
atAh- 2008, atto:sl A.M.
Diana L. Cordray, IAMC, Clerk- • asurer
Approved by me, Mayor of the City of Carmel,
C-*-Jib fh 2008,atlWaa AM.
this clan' day of
Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk- r asurer
Prepared by: Angelina Conn, Planning Administrator
Department of Community Services, Division of Planning & Zoning
CITY OF CARMEL
Reviewed By: John Molitor, Plan Commission Attorney
EXHIBIT A:
LEGAL DESCRIPTION (Parcels 2 and 3)
Plot 5
Part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana,
described as follows:
Beginning at the Northeast comer of the West Half of the Southwest Quarter of Section 36, Township 18
North, Range 3 East; thence South 89 degrees 14 minutes 12 seconds West on and along the North line
thereof 66.00 feet; thence South 00 degrees 10 minutes 31 seconds East (assumed bearing) parallel with the
East fine of the West half of said Southwest Quarter 1988.70 feet to the True Beginning Point of the real estate
herein described; thence North 89 degrees 40 minutes 42 seconds East 729.14 feet to a point on the East line of
the West half of the East Half of said Southwest Quarter that is 1994.30 feet south 00 degrees 14 minutes 51
seconds east of the North line of said southwest quarter, thence South 00 degrees 14 minutes 51 seconds East
on and along the East line of said half Half Quarter Section 632.71 feet to the South line of said Southwest
Quarter, thence South 89 degrees 21 minutes 50 seconds West on and along said South line 729.96 feet to a
point that is 66 feet West of the East line of the West half of said Southwest.Quarter, thence north 00 degrees
10 minutes 31 seconds West parallel with said East line 636.72 feet to the True Beginning Point; containing
10.630 acres; more or less.
Subject to an Indiana Bell Telephone Company Utility Easement recorded Jurte 6, 1969, in Deed Record 229,
page 30; subject to the rights of way for College Avenue.(Guilford Road) and 116d' Street; subject to all other
legal easements and rights of way.
Less the following (legal description for 2004 road rights of way conveyance)
A part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana,
and being that part of the grantor's land lying within the right-of-way lines depicted on the attached Right-of-
Way Parcel Plat marked as Exhibit "B", described as follows: Beginning at the southeast comer of the West
Half of said quarter, section, said southeast comer being designated as point "233" on said parcel plat; thence
South 89 degrees 28 minutes 02 seconds West 20.117 meters (66.00 feet) along the south line of said quarter
section to the southwest comer of the grantor's land; thence North 0 degrees 04 minutes 19 seconds west
149.965 meters (492.01 feet) along the west line of the grantor's land; thence North 89 degrees 57 minutes 00
seconds East 22.290 meters (73.13 feet) to the point "883" designated on said parcel plat; thence.South 0
degrees 03 minutes 00 seconds East 110.000 meters (360.89 feet) to point "884" designated on said parcel
plat; thence South 38 degrees 56 minutes 13 seconds East 4.564 meters (14.97 feet) to point "885" designated
on said parcel plat; thence North 89 degrees 28 minutes 02 seconds East 90.000 meters (295:28 feet) to point
"886' designated on said parcel plat; thence South 17 degrees 53 minutes 12 seconds Last 16.763 meters
(55.00 feet) to point "911" designated on said parcel plat; thence North 89 degrees 28 minutes 02 seconds East
81.000 meters (265.75 feet) to point "912" designated on said parcel plat; thence North 68 degrees 54 nunutes
41 seconds East 8.544 meters (28.03 feet) to point "913" designated on said parcel plat; thence North 89
degrees 28 minutes 02 seconds East 13.245 meters (43.45 feet) to the east,line of the West Half of the East
Half of said quarter section; thence South 0 degrees 08 minutes 39 seconds East 23.201 meters (76.12 feet)
along said east line to the southeast comer of said Inalf-half-quarter section; thence South 89 degrees 28
minutes 02 seconds West 202.375 meters (663.96 feet) along the south line said quarter section to the point of
beginning and containing 0.8965 hectares (2.215 acres), more or less, inclusive of the presently existing right-
of-way, which contains 0.1873 hectares (0.462 acres), more or less. The portion of the above-described real
estate which is not already embraced within the presently existing right-of-way contains 0.7092 hectares
(1.753 acres), more or less.
LOCATION MAP:
Comprised of Tax parcel ID numbers 17-09-36-00-00-054.001 (Parcel 2) and 17-09-36-00-00-054.000
(Parcel 3) at the northeast comer of l l 6?' Street and Guilford Road.
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CERTIFICATION OF THE CARMEL
PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO REZONE PROPERTY LOCATED AT THE NORTHEAST
CORNER OF 116'" STREET & GUILFORD ROAD
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE Z-520-08
To: The Honorable Common Council
of the City of Carmcl
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket No. 08060009
Z) of the City of Carmel Department of Community Services petitioning the Commission for a favorable
recommendation to rezone property at the northeast corner of 116`s Street & Guilford Road from I-
Ulndustrial to PUDIPlanned Unit Development:
The Carmel Plan Commission's recommendation on the petition of the applicant is "FAVORABLE."
At its regularly scheduled meeting'on August 19, 2008, the Carmel Plan Commission voted ten (10) in
Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the. Common Council the proposed
Ordinance Z-520-08 with a Favorable Recommendation.
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC
36-7-4-608(f)(4), the Council hastninety (90) days to act on this petition before it becomes effective as
Certified by the Commission. Ninety days from the date of this Certification is Wednesday, November
20, 2008.
CARME PLANQMNHSSI t'
BY //
L o Dierekman; President
AAT T:
R mona Hancock, Secretary
Carmel Plan Commission
Dated: August 22, 2008