Ordinance 2013-34_6 Month Zoning Map Review 12-12-2013

Ordinance # 2013 -34
Brownsburg, Indiana
2014
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF BROWNSBURG
UPON THE COMPLETION OF THE 6 MONTH REVIEW OF THE ZONING MAP
RTF REALTY, BROWNSBURG BUSINESS PARK, REX & KATHLEEN GIVAN, BBV INVESTMENTS, LLP,
DEANNA WHETSTONE, AND SCHUMACHER MOTORSPORTS)
WHEREAS, The Advisory Plan Commission for the Town of Brownsburg ( "Commission ") and
committed to completing a 6 month review of the Zoning Map that became
Town Council ( "Council ")
effective February 1, 2013; to allow property owners an additional opportunity to request a Zoning
Classification other than what was proposed within Zoning Ordinance and Zoning Map update process
of 2012.
WHEREAS, RTF Realty, owner of approximately 3. 24 acres of real estate at 721 &
757 N. Green
Street, in the Town of Brownsburg, Lincoln Township, Hendricks County, Indiana, Parcel Numbers 32 -0702- 385 -001. 000 -016 & 32- 07 -02- 385 -015. 000 -016 ( "RTF
Realty Property') which real estate is more
particularly described on Exhibit " A" and generally depicted on Exhibit " B ", has filed a request with the
Town to amend the zoning of said real estate to High Intensity General Commercial ( C2) District; and
WHEREAS, the Commission has considered said Zoning Map Amendment for the RTF Realty
Property at a public meeting, on November 20, 2013 and by a vote of its members has made a
FAVORABLE RECOMMENDATION that the zoning on the above -described Property be amended, subject
to and conditioned upon the following:
1.
That the following commitments be executed by the owner on the Town' s standard written
commitment form, and recorded in the Office of the Recorder of Hendricks County, and the same be
binding upon the owner and all subsequent owners of the real estate subject to this application:
a.
That the property owner be willing to either grant an easement, donate or sell property to
the Town of Brownsburg, pursuant to an appraisal, that is sufficient in area along North
Green Street, to implement the 2008 Greenways Master Plan, which recommends a 12'
Urban Trail in this area, at the time there is a trail project proposed by the Town of
Brownsburg and /or at the time a trail is extended to the north or south property line of the
property.
WHEREAS, Brownsburg Business Park, owner of approximately 3. 92 acres of real estate located
north of E. 56th Street, south of Patrick Place and west of E. Northfield Drive, in the Town of Brownsburg,
Lincoln Township, Hendricks County, Indiana, Parcel Numbers 32- 07 -02- 456- 001. 000 -016 & 32- 07 -02400- 018. 000 -016 ( " Brownsburg Business Park Property ") which real estate is more particularly described
on Exhibit " C" and generally depicted on Exhibit " D ", has filed a request with the Town to amend the
zoning of said real estate to Moderate Intensity General Commercial ( Cl) District; and
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WHEREAS, the Commission has considered said Zoning Map Amendment for the Brownsburg
Business Park Property at a public meeting, on November 20, 2013 and by a vote of its members has
made a FAVORABLE RECOMMENDATION that the zoning on the above -described Property be amended.
WHEREAS, Rex &
Kathleen Givan, owners of approximately 4. 07 acres of real estate at 7850 E.
County Road 600 N, in the Town of Brownsburg, Lincoln Township, Hendricks County, Indiana, Parcel
Number 32- 07 -02- 400 -017. 000 -016 ( "Givan Property') which real estate is more particularly described
on Exhibit " E" and generally depicted on Exhibit " F ", has filed a request with the Town to amend the
zoning of said real estate to High Intensity General Commercial ( C2) District; and
WHEREAS, the Commission has considered said Zoning Map Amendment for the Givan Property
at a public meeting, on November 20, 2013 and by a vote of its members has made a FAVORABLE
RECOMMENDATION that the zoning on the above -described Property be amended, subject to and
conditioned upon the following:
1.
That the subject property be zoned Moderate Intensity General Commercial ( Cl) not High
Intensity General Commercial ( C2).
That the following commitment( s) be executed by the owner on the Town' s standard written
commitment form, and recorded in the Office of the Recorder of Hendricks County, and the
same be binding upon the owner and all subsequent owners of real estate subject to this
request:
That the property owner be willing to either grant an easement, donate or sell property
56th
to the Town of Brownsburg, pursuant to an appraisal, that is sufficient in area along
Street, to implement the 2008 Greenways Master Plan, which recommends a 12' Urban
Trail in this area, at the time there is a trail project proposed by the Town of Brownsburg
and / or at the time a trail is extended to the east or west property line of the property.
WHEREAS, BBV Investments, LLP, owner of approximately 1. 74 acres of real estate at 680 E.
56th
Street, in the Town of Brownsburg, Lincoln Township, Hendricks County, Indiana, Parcel Number
32- 07 -02- 476 -002. 000 -016 ( "BBV
Investments Property ") which real estate is more particularly
described on Exhibit " G" and generally depicted on Exhibit " H ", has filed a request with the Town
to
amend the zoning of said real estate to High Intensity General Commercial ( C2) District; and
WHEREAS, the Commission has considered said Zoning Map Amendment for the " BBV
Investments, LLP Property" at a public meeting, on November 20, 2013 & November 25, 2013 and by a
vote of its members has made a FAVORABLE RECOMMENDATION that the zoning on the above described Property be amended, subject to and conditioned upon the following:
1.
That the subject property be zoned Moderate Intensity General Commercial ( Cl) not High
Intensity General Commercial ( C2).
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2.
That the following commitment( s) be executed by the owner on the Town' s standard written
commitment form, and recorded in the Office of the Recorder of Hendricks County, and the
same be binding upon the owner and all subsequent owners of real estate subject to this
request:
a.
That the property owner be willing to either grant an easement, donate or sell property
to the Town of Brownsburg, pursuant to an appraisal, that is sufficient in area along
56th
Street, to implement the 2008 Greenways Master Plan, which recommends a 12' Urban
Trail in this area, at the time there is a trail project proposed by the Town of Brownsburg
and / or at the time a trail is extended to the east or west property line of the property.
WHEREAS, Deanna Whetstone, owner of approximately 0. 30 acres of real estate at 47 West
Main Street, in the Town of Brownsburg, Lincoln Township, Hendricks County, Indiana, Parcel Number
32- 07 -11- 305 -003. 000 -016 ( "Whetstone Property') which real estate is more particularly described on
Exhibit " I" and generally depicted on Exhibit " J ", has filed a request with the Town to amend the zoning
of said real estate to Traditional Residential ( TR) District; and
WHEREAS, the Commission has considered said Zoning Map Amendment for the Whetstone
Property at a public meeting, on November 20, 2013 and by a vote of its members has made a
FAVORABLE RECOMMENDATION that the zoning on the above -described Property be amended, subject
to and conditioned upon the following:
That the following commitment( s) be executed by the owner on the Town' s standard written
commitment form, and recorded in the Office of the Recorder of Hendricks County, and the
same be binding upon the owner and all subsequent owners of real estate subject to this
request:
That the property owner be willing to either grant an easement, donate or sell property
to the Town of Brownsburg, pursuant to an appraisal, that is sufficient in area along
West Main Street, to implement the 2008 Greenways Master Plan, which recommends a
12' Urban Trail in this area, at the time there is a trail project proposed by the Town of
Brownsburg and /or at the time a trail is extended to the east or west property line of
the property.
WHEREAS, Schumacher Motorsports, owner of approximately 15. 52 acres of real estate at 1681
E. Northfield Drive, in the Town of Brownsburg, Lincoln Township, Hendricks County, Indiana, Parcel
Number 32- 07 -13- 251 -001. 000 -016 ( "Schumacher
Motorsports Property') which real estate is more
particularly described on Exhibit " K" and generally depicted on Exhibit " L ", has filed a request with the
Town to amend the zoning of said real estate to Low Intensity Industrial ( 11) District; and
WHEREAS, the Commission has considered said Zoning Map Amendment for the Schumacher
Motorsports Property at a public meeting, on November 20, 2013and by a vote of its members has
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made a FAVORABLE RECOMMENDATION that the zoning on the above -described Property be amended,
subject to and conditioned upon the following:
1.
That any future development on -site be subject to characteristics and architecture that is
compatible with the existing facilities.
WHEREAS, the Commission has found that these amendment does not adversely affect the
Comprehensive Plan of the Town of Brownsburg but rather satisfies the current standards, and has been
favorably recommended by the Commission to the Town Council;
NOW, THEREFORE, BE IT ORDAINED by the Town Council as follows:
1.
The zoning on the RTF Realty Property, as shown on the Official Zoning Map, shall be amended
to the High Intensity General Commercial ( C2) District, subject to and conditioned upon the
following:
a.
That the following commitments be executed by the owner on the Town' s standard
written commitment form, and recorded in the Office of the Recorder of Hendricks
County, and the same be binding upon the owner and all subsequent owners of the real
estate subject to this application:
i.
That the property owner be willing to either grant an easement, donate or sell
property to the Town of Brownsburg, pursuant to an appraisal, that is sufficient
in area along North Green Street, to implement the 2008 Greenways Master
Plan, which recommends a 12' Urban Trail in this area, at the time there is a trail
project proposed by the Town of Brownsburg and / or at the time a trail is
extended to the north or south property line of the property.
2.
The zoning on the Brownsburg Business Park Property, as shown on the Official Zoning Map,
shall be amended to the Moderate Intensity General Commercial ( Cl) District; and
The zoning on the Givan Property, as shown on the Official Zoning Map, shall be amended to the
Moderate Intensity General Commercial ( Cl) District, subject to and conditioned upon the
following:
That the subject property be zoned Moderate Intensity General Commercial ( Cl) not
High Intensity General Commercial ( C2).
b.
That the following commitment( s) be executed by the owner on the Town' s standard
written commitment form, and recorded in the Office of the Recorder of Hendricks
County, and the same be binding upon the owner and all subsequent owners of real
estate subject to this request:
i.
That the property owner be willing to either grant an easement, donate or sell
property to the Town of Brownsburg, pursuant to an appraisal, that is sufficient
in area along 56th Street, to implement the 2008 Greenways Master Plan, which
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recommends a 12' Urban Trail in this area, at the time there is a trail project
proposed by the Town of Brownsburg and /or at the time a trail is extended to
the east or west property line of the property.
4.
The zoning on the BBV Investments Property, as shown on the Official Zoning Map, shall be
amended to the Moderate Intensity General Commercial ( Cl) District, subject to and
conditioned upon the following:
a.
That the subject property be zoned Moderate Intensity General Commercial ( Cl) not
High Intensity General Commercial ( C2).
That the following commitment( s) be executed by the owner on the Town' s standard
written commitment form, and recorded in the Office of the Recorder of Hendricks
County, and the same be binding upon the owner and all subsequent owners of real
estate subject to this request:
That the property owner be willing to either grant an easement, donate or sell
property to the Town of Brownsburg, pursuant to an appraisal, that is sufficient
in area along 56th Street, to implement the 2008 Greenways Master Plan, which
recommends a 12' Urban Trail in this area, at the time there is a trail project
proposed by the Town of Brownsburg and /or at the time a trail is extended to
the east or west property line of the property.
5.
The zoning on the Whetstone Property, as shown on the Official Zoning Map, shall be amended
to the Traditional Residential ( TR) District, subject to and conditioned upon the following:
a.
That the following commitment( s) be executed by the owner on the Town' s standard
written commitment form, and recorded in the Office of the Recorder of Hendricks
County, and the same be binding upon the owner and all subsequent owners of real
estate subject to this request:
i.
That the property owner be willing to either grant an easement, donate or sell
property to the Town of Brownsburg, pursuant to an appraisal, that is sufficient
in area along West Main Street, to implement the 2008 Greenways Master Plan,
which recommends a 12' Urban Trail in this area, at the time there is a trail
project proposed by the Town of Brownsburg and / or at the time a trail is
extended to the east or west property line of the property.
6.
The zoning on the Schumacher Motorsports Property, as shown on the Official Zoning Map, shall
be amended to the Low Intensity Industrial ( 11) District, subject to and conditioned upon the
following:
That any future development on -site be subject to characteristics and architecture that
is compatible with the existing facilities.
7.
That the commitments identified above be executed by the owner on the Town' s standard
written commitment form, and recorded in the Office of the Recorder of Hendricks County, and
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the same be binding upon the owner and all subsequent owners of the real estate subject to this
petition.
PASSED by the Town Council of the Town of Brownsburg, Indiana, this
ayes, and (_)
by a vote of (_)
day of
nayes.
TOWN OF BROWNSBURG
HENDRICKS COUNTY, INDIANA
0
Gary Hood, President
ATTESTED BY:
Jeanette Brickler, Clerk- Treasurer
This instrument was prepared by Todd A. Barker, AICP, Town of Brownsburg, 61 North Green Street,
Brownsburg, Indiana. 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 (Jonathan K. Blake).
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EXHIBIT `A'
LEGAL DESCRIPTION
Parcel Owner:
R. T.F. Realty Company
Parcel (s):
32- 07 -02- 385 -001. 000 -016
32- 07 -02- 385 -015. 000 -016
Reference:
DB 220 / PG 469 -470
A part of the Southeast Quarter of the Southwest Quarter of Section 2, Township 16 North, Range 1 East, bounded
as follows, to -wit:
Beginning 14 chains and 87 links North of the Southeast corner of said quarter -quarter, and running thence North
89 degrees West 7 chains and 43 links to the center of the Brownsburg and Lebanon Public Highway; thence
Northeast along the center of said highway to the North line of said quarter -quarter; thence East on said line to the
Northeast corner thereof; thence South on the East line of said quarter -quarter to the place of beginning,
estimated to contain 4 acres more or less.
EXCEPTING THEREFROM: From a point on the east line of said quarter -quarter section 981. 42 feet north of the
southeast corner thereof; run thence west 243. 00 feet for a place of beginning: From said beginning point, thence
continue West 243. 77 feet to a point on the centerline of State Road # 267, said point being 404.88 feet measured
southwesterly along said centerline from the intersection of the North line of said quarter -quarter section and said
centerline; thence right 114 degrees 29 minutes measure northeasterly and along said centerline 140 feet; thence
deflecting right 65 degrees 31 minutes measure easterly 184. 62 feet; thence southerly, parallel to the east line of
said Section 127. 43 feet to the place of beginning, containing 0. 63 acres, more or less, and containing in the tract
herein described 3. 37 acres, more or less, subject, however, to all legal highways, rights -of -way and easements of
records.
ALSO EXCEPTING THEREFROM: Part of the Southwest quarter of Section 2, Township 16 North, Range 1 East of the
Second Principal Meridian in Indiana, said part being more particularly described as follows: Commencing at a
stone at the Southeast corner of said Quarter Section; thence North on and along the east line of said Quarter
Section 975. 00 feet; thence North 89 degrees 00 minutes West 208. 11 feet to the beginning point of this
description; thence continuing North 89 degrees 00 minutes West 34. 89 feet; thence North 00 degrees 29 minutes
30 seconds East 127. 43 feet; thence South 89 degrees 00 minutes East 53. 91 feet; thence South 08 degrees 59
minutes 30 seconds West 128. 66 feet to the beginning point of this description. Containing in all 0. 13 acres, more
or less subject to all legal highways, rights -of -way and easements of record.
Containing exclusive of said exceptions 3. 24 acres, more or less.
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EXHIBIT' B'
GENERAL DEPICTION
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EXHIBIT' D'
GENERAL DEPICTION
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EXHIBIT ' E'
LEGAL DESCRIPTION
Parcel Owner:
Rex Givan & Kathleen W. Givan
Parcel (s):
32- 07 -02- 400 -017.000 -016
Reference:
DB 309 / PG 208 -209
An undivided one -half (1/ 2) interest in and to the following:
Being a part of the Southeast Quarter of the Southeast Quarter of Section 2, Township 16 North, Range 1 East of
the Second Principal Meridian, Hendricks County, Indiana, and beginning at a point on the South line of the
Southeast Quarter of the Southeast Quarter of Section 2, said point being 613. 79 feet South 88 degrees 33 minutes
38 seconds West of the Southeast corner of the Southeast Quarter of Section 2; thence bearing South 88 degrees
33 minutes 38 seconds West and running on and along the South line of said Southeast Quarter for a distance of
287. 57 feet to a point; thence bearing North 00 degrees 00 minutes 00 seconds East ( Assumed bearing for the
purpose of this survey) and running parallel to the East line of the Southeast Quarter of Section 2 for a distance of
614.07 feet to a point; thence bearing North 87 degrees 35 minutes 48 seconds East for a distance of 287. 73 feet
to a point; thence bearing South 00 degrees 00 minutes 00 seconds West for a distance of 618.92 feet to the point
of beginning.
The above described tract contains 4. 07 acres, more or less, and is subject to all easements and rights -of -way of
record.
Excepting and reserving therefrom and for the benefit of Patrick J. Wynne, Jr. and Ann L. Wynne a right -of -way
easement for the purposes of ingress and egress across and upon the real property described above.
Subject to all highways, easements, mortgages, liens, encumbrances, and agreements of record and all taxes and
assessments.
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EXHIBIT ` F'
GENERAL DEPICTION
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EXHIBIT' G'
LEGAL DESCRIPTION
Parcel Owner:
BBV Investments, L. L. P.
Parcel (s):
32- 07 -02- 476 -002. 000 -016
Reference:
Inst. No. 200333952
Lot Numbered Fifteen ( 15) in Brownsburg Business Park, Section 10, an addition to the Town of
Brownsburg, Hendricks County, Indiana as per plat thereof recorded September 9, 2000 in Plat
Cabinet 3, Slide 139, Page 2, in the office of the Recorder of Hendricks County, Indiana.
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ORDINANCE NO. 2013 -34 continued
EXHIBIT' H'
GENERAL DEPICTION
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EXHIBIT' I'
LEGAL DESCRIPTION
Parcel Owner:
Deanna M. Whetstone
Parcel (s):
32- 07 -11- 305 -003. 000 -016
Reference:
Inst. No. 200124455
A part of the Southwest Quarter of the Northwest Quarter and part of the Northwest Quarter
of the Southwest Quarter of Section 11, Township 16 North, Range 1 East, Hendricks County,
Indiana, described as follows:
Beginning at a point on the south line of the Indianapolis and Crawfordsville State Road, which
point is 256 and 3 inches west with the bearing of said road, from the northwest corner of Lot
1, in Block 4 in the Original Plat of the Town of Brownsburg; thence West along the south line of
said road 50 feet; thence South with the bearing of said town 220 feet; thence East with the
bearing of the alley on the south line of said Original Plat 50 feet; thence North with bearing of
said town to the point of beginning. Subject to all highways, rights -of -way and easements.
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EXHIBIT T
GENERAL DEPICTION
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EXHIBIT ` K'
LEGAL DESCRIPTION
Parcel Owner:
Schumacher Motorsports, Inc.
Parcel (s):
32- 07 -13- 251 -001. 000 -016
Reference:
Inst. No. 200429188
Lot Numbered Three ( 3) in Lot # 2 & # 3 —
Park 1001, an addition to the Town of Brownsburg,
Hendricks County, Indiana as per plat thereof recorded September 16, 2004 in Plat Cabinet 5,
Slide 193, Page 1ABC, in the office of the Recorder of Hendricks County, Indiana.
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EXHIBIT ` L'
GENERAL DEPICTION
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