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HomeMy WebLinkAboutZ-313 DEFEATED Amend Z-289 CHARLES H. SCRVGGS - ID:457-2981 MR'-:: 28 '96 ORDINANCB NO. Z-313 All ORDINANCE A_MRNDIIIG ZOIIXBIG ORDIHAI~B BO. 2-289, J~ AM~NmsD 15:00 No.O0; P.04 AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. z-2$9, AS ~kk~NX)F~, OF THE CITY OF CABS~L, AND CLAY TOWNSHIP, BAMILTON COUNTY, INDIANA. BE IT OBnATNBD BY THE CITY COUNCTr- OF THE CITY OF CARMEL, INDTAN&, THAT ORDINANCE ~0. Z-289, AS AMENDED, IS ,K~x Ahu~u~D AS Fnr.x~WSs That the zone map accompanying and made a part of zoning Ordinance Z-289, as amended, ta ~mended Co reclassify ~he followlag described real estate frum the B-3 District Classification to the B-1 Business District Claa~ification: PARCBL 26t A part Of the BlOTCheaSt Quarter of Section 35, TownskLp 18 Nor=h, Range 3 Bast, described as foilowes Begin at an ~ron stake 760-8 feet Sough of the Bortheast corner of the Westhlf of theNortheastQuarterof Se~ion 35, ~mshtp 18 North, ltange3 East; m thenceWestpaEsllel with the North line of sa~d Noz~heast Quarter 1143.0 feet to the centerliv~ of U.S. HIghway #31; thence South 36 degrees 08 ~!Rutes West alon~ this centerline 174.6 feet to a thence Bast p~rallel to the NoEth ]~u~ of this tract 1245.91 feet~an~on stake; thence Northl40.3 fe~otheplace beginning. Acre~ge~ 3.9 acres. That the zone map accompanying and made a part of Zoning Ordinance Z-289, as amended, is ~mended to reclassify the followin~ described real estate from the R-1 District Classifiua~ion to the B-1 Business Di=trict Clnssifica~ionx PARCh- 25 = A par~ of the Northeast Quarter of Secl=Lon 35, T~wnship 18 North, Range 3 East, described as followst Begin at an iron stake 901.1 fcct Sou~h of ~he Northeast come= of ~he West N_elf of the Northeast ~uTter of 8~tton 35, ~Mp 18 Noah, Range 3 East) ~ thence ~st p~lel with t~ No~ line of said No~st ~~ 1245-91 f~t to ~ ~t~s~tton ~th ~e ~n~rl~e of U.B. ~g~y ~31; --- t~e South 36 de~es 08 m~_nu~s West 150.4 f~t to a ~t; t~nce East p~allel wi~ ~e Noah 1~ of ~s ~act 325-8 f~t ~ ~ ~ron st~e~ thence South 14-1/2 ~eet ~ ~ ~n st~eN ~~e Bast p~allel to the No~ lhe of ~ 995.6 f~t to ~ ~on s~N ~e~e No~ 136.0 ~= place of ~~hg. ~a~z ~.9 ~ns. PARCZL 24s CHARLES H. SCRUGGS -- ID:457-2981 MA?- 28'96 15:01No.O01P.05 it part of the Northeast ~uarter o£ Section 35, Township 18 Hortht Pangs 3 East, described as follows= Begin at an iron stake 1037.1 feet South of the Northeast corner of the West Half of the Northeast Quarter of Section 35, Township 18 North, Range 3 East; run thence west parallel with the ~orth line of said Berthsjut Quarter 995.6 feet to an iron stake} thence South to a point 110.3 feet~ thence West 332.3 feet to the intersection with the centerline of said Northeast Cn~arterS thence South on and along said West line 12.8 f~t to a point; thence East 1327.9 feet to an iron stake~ thence North 123.1 feet to the place of beginning. J~reage: 2,9 acres. PARCRt A part of the West Half uf the ~ortheast Ouarter of Section 35, Teemship 18 North, Range 3 East, bounded as follows~ Be~{n-{ng at a point 1471.99 feet North of the Southwes~ comer of the Northeast QUarter of said Section 35~ and run *h~-n~-e East 332.3 feet~ thence North 131.1 feet~ thence West 325.8 feet to the center of State Highwa~ l~mnber 31~ thence southwesterly along the center of said road, 18 feet to the intersectAon of the centerline with the west line o~ sa~d Northeast ~uarter~ thence South along said West 11he 123.2 feet to the place of beginning. acteager 1 acre. The above-described real estate is located at 12345 N. Meridian Street, Carme1, Indiana 46032. This Ordinance shall be in full force and effect =ram and after its passage. Passed by the City Council of Carmel, Indiana, on the 3rd day of June, 1996. ATTE~s CITY COUNCXL OF CARNBL, INDIANA b~ana Cordray,' Clerk-Treasurer PreSiding Offleer ATTESTz oianE fordray, .... "' Clerk-Treasurer 'james' Bralnard, Mayor, City of Carreel e,W~Teau~,. O.e~itr~ I'.V.. :I~,,X:.! ~:' ~~ I~ ' ~' "~ l~j~ . · ~~ ~.. ~ .~~1~.1 ' ~ . .. ..... ~ S'~ .~ ~ ,bp :':' ..., , :' ,... ~ , ~ ~ . .... A~ d . .,~ ~ ~ ~' . , . . G · ~~ · ~ 13~.1 ~1 t~ wet · 131; ~ :~ N, i ~' ~ ~l~la Mh ~ Wat line ~ ':~ o. ~c[orc n' ' "· ':~ ~ ~ ~ ~:~:'~'~:' .~F~' ' ,.. - ' ' . ~s.. t ,,.' ,......: ~ . o , . ~ ', ,.- ~~~,m~" '~ ~ ~ ~ :m,,~ ton County. Sta of Indiana. printed in '~' -':~;(~"::":~:~':~:~;j )~~~.ng' ~ybs :d and publish~dail~weckly in the town , ~ ~ ~ ~:'..':':'?~ .'~'~s.s~s~. Late of Indiana. and that said Topics ~ ~~.~~,~;~ :. ~ ~':,~ ~.-~: ~.:L~=, ....................................................... ~a~'~' ~.W s ~ ~..~: ............ ~ ' '~'aZ~v~b.~"~ ~ .~"Z "'7 ............ 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Inc. a newspaper ~S~"~m.'~ ..... ,~ wn~ n.m ~milton County, State ~ ndiana. printed in ~m:' 'L::~::i~:~"~ "';~: ~~""' :"~ :'intcd and publishc daily~eekly in the town ~N:,~,~'~,N'" I N: ~ ~' ~ P~ published continuously for more than three .~~ . ~ ~~~ "..: (insez'tionf, suoe,-ssivdy) which publications ~:~I"-" :,~~;~,,,~'~""~';',.'.~'~",'~~t~,:,.,; ';;-:' ............................................................. ~ ' ~ 'L~ c~ ~ ';' ~:i,, ~ ....... ', 2 ...... , . . ................ z .......... ~ ........................................... ,: .. .... . · ' '~/: ""'~~~ "~ '~"'~';:"z .... (Seal} Resident of ,,~~//'.,~-/..._ County CHARLES H.. $CRU66S - ID:457-2981 MA~28'96 12:59 No.O01P.02 ,allme' CARMEL/CLAY PLAN COMMISSION CERTIFICATION A CERTIFICATION RECOMMENDING THAT THE CITY-COUNCIL OF THE CITY OF CRMEL, INDIANA, APPROVE THE PLAN COMMISSION'S RECOMMENDATION ON ORDINANCE Z-289, as Amended, TO CHANGE THE OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TOWNSHIP, based upon Petition from John Kirk Fumiture, Inc. (John Kirk Fumiture& Boats) to rezone 12 acres with a common address of 12345 North Old Meridian Road, Cannel, Hamilton County, Indiana, more particularly described in the attached Notice of Public Hearing on Petition to Change the Office Zoning Map of the City of Carreel and Clay Township, from R- 1/Residential and B-3/Business to B- 1/Business. The Plan Commission's recommendation on the petition of the applicant is favorable, conditioned upon certain covenants which run with the land (attached), and Architectural Design, Lighting, Landscaping, and Signage review, by a vote of eleven in favor, none opposed, at its meeting of April 16, 1996. Karnona Hancock, Secretary Dated: April 22, 1996 CARMEL PLAN COMMISSION BY: H. K. Thom~t PETITION TO CHANGE THE OFFICIAL ZONING MAP INCORPORATED BY REFERENCE INTO THE ARMEL/CLAY ZONING ORDINANCE (REZONE APPLICATION) DATE= December ./~,, 1995 DOCKET NO.: ~ ' ~ ~-- NAME OF OWNER= John Kirk Furniture, Inc. PHONE NO.: 317-846-2535 ADDRESS OF OWNER: 12345 North 01d Meridian Road Carmel, IN 46032 RECORD OF OWNERSHIP: Warranty Deed dated June 3, 1989, and recorded June 6, 1989 in records of the Hamilton County Recorder in Book , Page . LEGAL DESCRIPTION: COMMON ADDRESS OF PROPERTY INVOLVED (OR GENERAL DESCRIPTION IF NO ADDRESS EXISTS ): John Kirk Furniture & Boats 12345 N. Old Meridian Road Carmel, IN 46032 PROPOSED ZONING CHANGE= From the District to the B1 District for the property shown outlined in red on the map attached hereto, which is made a part of this Petition. STA~ OF COMPLIANCE WITH ~ CARMEL/CLAY COMPBRwMNSIVE PLAN: The recommended land use of the property to be rezoned is described local commercial/office areas in the Comprehensive Plan. The property has been used as a retail furniture store and boat, car, motorhome sales, service and storage business since the early '60's. There is no residential area within the immediate vicinity of the subject property. Conseco Corporation is a next door neighbor immediately to the south. There is no manufacturing conducted upon Petitioner's property. The purpose for seeking rezoning of the five parcels which are contiguous is to achieve consistency and to bring each parcel into compliance with the nature of the business being conducted. AFFIDAVIT I, John Kirk, being duly sworn, depose and say that I am President of John Kirk Furniture, Inc., and, as such, am duly authorized to make this Affidavit on behalf of John Kirk Furniture, Inc.; that John Kirk Furniture, Inc., is the owner of Fifty Percent (50%) or more of the property involved in this application and that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my howledge and belief. JOHN KIRK FURNITURE, INC. / By: Job'Ki~k, President 177 West 106th Street Indianapolis, IN 46290 The applicant, correspondent, or agent (if different from owner or owners ): n/a Name Name Telephone Telephone Date Date STATE OF INDIANA) ) SS: COUNTY OF HOWE) Before me, the undersigned, a Notary Public in and for Jay County, State of Indiana, personally appeared JOHN KIRK, President of John KirkFurniture Inc., nd acknowledged the execution of the foregoing instrument this l~ day of December, 99 . My Commis~i;Tdx Expires: ,~~ V0g~er, N~ry Public, f~'~[ '~ R~sident of Ja~County, Indiana NOTICE OF PUBLIC F~-ARING ON PETITION TO CHANGE THE OFFICIAL ZONING MAP OF THE CITY OF CARME AND CLAY TOWNSHIP NOTICE IS HEREBY GIVEN THAT THE Carreel/Clay Plan Commission, of Carreel, Indiana, on the 20th day of February, 1996, at 7:00 p.m. at the Camel City Council Chambers, One Civic Square, Carreel, Indiana, will hold a public hearing on a proposed change to the Official Zoning Map incorporated by reference into the Carmel/Clay Zoning Ordinance. The proposed change involves consideration of a change of the zoning classification from the B-3 District to the B-1 District for the following described property: PARCEL 26: A part of the Northeast Quarter of Section 35, Township 18 North, Range 3 East, described as follows: Begin at an iron stake 760,8 feet South of the Northeast ~=~=5?v~.~rPar of the West Half of the Northeast Quarter of Section ~'=' ~ .....35, Township 18 North, Range 3 East; run thence West parallel with the North line of said Northeast Quarter 1143.0 feet to the centerline of U.S. Highway #31; thence South 36 degrees 08 minutes West along this centerline 174.6 feet to a point; thence East parallel to the North line of this tract 1245.91 feet roan iron stake; thence North 140.3 feet to the place of beginning. The proposed change involves consideration of a change of the zoning classification from the R-1 District to the B-1 District for the following described property: PARCEL 25: A part of the Northeast Quarter of Section 35, Township 18 North, Range 3 East, described as follows: Begin at an iron stake 901.1 feet South of the Northeast corner of the West Half of the Northeast Quarter of Section 35, Township 18 North, Range 3 East; run thence West parallel with the North line of said Northeastquarter 1245.91 feet to the intersection with the centerline of U.S. Highway #31; thence South 36degrees 08minutes West 150.4 feet to a point; thence East parallel with the North line of this tract 325.8 feet to an iron stake; thence South 14-1/2 feet to an iron stake; thence East parallel to the North line of this tract 995.6 feet to an iron stake; thence North 136.0 feet to the place of beginning. PARCEL A part of the Northeast Quarter of Section 35, Township'18 North, Range 3 East, described as follows= Begin at an iron stake 1037.1 feet South of the Northeast corner of the West Half of the Northeast Quarter of Section 35, Township 18 North, Range 3 East~ run thenceWest parallel with the North line of said Northeast Quarter 995.6 feet to an iron stake~ thence South to a point 110.3 feet~ thence West 332.3 feet to the intersection with the centerline of said Northeast Quarter~ thence South on and along said West line 12.8 feet to a point~ thence East 1327.9 feet to an iron stake~ thence North 123.1 feet to the place of beg~-n~ng. PARCEL A part of the West Half of the Northeast Quarter of Section 35, Township 18 North, Range 3 East, bounded as follows= Beginning at a point 1471.99 feet North of the Southwest corner of the Northeast Quarter of said Section 35~ and run thence East 332.3 feet~ thence North 131.1 feet; thence West 325.8 feet to the center of State Highway ~her 31~ thence southwesterly along the center of said .road, 10 feet to the intersection of the centerline with the West line of said Northeast Quarter~ thence South along said West line 123.2 feet to the place of beginning. Written suggestions or objections to the provision of said change may be filed with the Secretary of the Commission, of before such meeting and will be heard by the Plan Commission at the time and place specified. Said hearing may be continued from time to time as may be necessary. Interested persons desiring to present their views upon the proposed amendment, either in writing or verbally, will be given the opportunity to be heard at the above mentioned time and place. Copies of the petition may be examined in the Office of Community Development, Camel City Hall, One Civic Square, Third Floor, Camel, Indiana. Camel/Clay Plan Commission Camel, Indiana PETITION TO CHANGE ~ OFFICIAL ZONING MAP INCORPORATED BY REFERENCE INTO THE CARMEL/CLAy ZONING ORDINANCE (REZONE APPLICATION) 1. ZONED DISTRICT CLASSIFICATION AND EXISTING LAND USE. All properties abutting the subject property are in the local commercial/office areas land use category. 2. SANITARY SEWER AND WATER. The property is serviced by four separate finger systems. There are four four-inch wells servicing the water needs of the property. There is a retainage pond in excess of one-half acre , 11 feet deep, with a 30-inch intake pipe and two 12-inch out-take pipes. upon.the property. President of John Kirk Enterprises, John Kirk Enterprises, Inc., and John Kirk Furniture, Inc. DATED: December /~, 1995 DOCKET NO.: 8-96Z NAME OF OWNER: John Kirk, John Kirk Enterprises COMMON ADDRESS OF REAL ESTATE: John Kirk Furniture & Boats 12345 North Old Meridian Road Camel, IN 46032 COVENANTS · -~GAL DESCRIPTION OF REAL ESTATE= Area 09, Section Map 35.00, Block 00, Parcel 023. 000. Code 17. Clay Township. Acreage = 1.0 acre. Area 09, Section Map 35.00, Block 00, Parcel 024. 000. Code 17. Clay Township. Acreage = 2.9 acres. Area 09, Section Map 35.00, Block 00, Parcel 025. 000. Code 17. Clay Township. Acreage= 3.9 acres. Area 09, Section Map 35.00, Block 00, Parcel 026. 000. Code 17. Clay Township. Acreage = 3.9 acres. I, John Kirk, hereby covenant and agree that, if the above- described real estate is rezoned to B1, I will not use the real estate for the following listed purposes and that I will record these covenants to run with the land to be binding upon heirs, executors and assigns, to-wit: Business or commercial school Carnivals, fairs, circuses, etc. Hospital Kennel, commercial Lumber or building material sales (enclosed) Monument sales Mortuary and/or crematory Pawnshop Plumbing supply shop Private club or lodge Religious or charitable institution Research laboratory Roadside sales stand Second hand store Taxidermist Tennis or racquetball facility Veterinary hospital, with kennel Veterinary hospital, without kennel I further covenant that the existing square footage of the furniture store is 74,871 square feet and the boat sales storage and service facilities is an additional 28,860 square feet; and that any future expansion of these facilities upon the above described real estate shall not exceed the following: Furniture store expansion (southeast side): 1-story furniture store expansion (north side): Furniture warehouse (east side): Boat showroom expansion (south side): Boat storage: Mini warehouse, 450 units (east end of property): TOTAL MAXI~ EXPANSION= TOTJa~ EXISTING SQUARE FOCYPAGR AND PROPOSED EXPANSION= Square Feet 4,000 10,000 20,000 10,000 15,000 53,480 112,480 216,231 I further covenant and agree that, prior to any future development and expansion upon the above-described real estate, I will submit all plans for reviewby the Camel Planning Commission as to architectural design, landscaping and signage, and will not commence construction until approval has been obtained. Dated this 16th day of April, 1996. John Kirk STATE OF INDIANA) ) COUNTY OF HOWARD) Before me, the undersigned, a Notary Public in and for Jay County, Indiana, personally appeared JOHN KIRK and acknowledged the execution of the foregoing instrument this 16th day of April, 1996. My Commission Expires: July 20, 1997 Lisa Vogler, Notary Public, Resident o f Jay County, Indiana Ik~k - A ITOgVE}~3' A T LA W, P.C. E. DAVIs COOTS* STEVEN H. HENKE J.,~xms K. WHF. Et. En JEFFREY O. MEUNtER* SHEILA A. N'/ARSHALL* T. J.,a' Ct:RTS HAND DELIVERED Mayor James Brainard 1 Civic Square Carreel, Indiana 46032 JAMES D. CRUM JEFFREY S. ZIPEs ELIZABE'FH I. VAN T&~SEL Cannel City Council 1 Civic Square Carmel, Indiana 46032 JANICE R. MANDI,A *CERTIFIED MEDIATOR3; John Kirk - Rezone Our File No. 10529 July 15, 1996 Dear Mayor Brainard: I represent Mr. John Kirk whose Petition for Rezone for property located at 12345 North Meridian Street, Carmel, Indiana is scheduled to be heard at the council meeting tonight. Please be advised that Mr. Kirk hereby withdraws his Petition and asks that it be removed from tonight's agenda. Thank you. Very truly yours, IKW:slm · eele7 cc: John Kirk 255 East Carreel Drive Carreel, Indiana 46032-2634 317-8444693 FAX: 317-573-5385