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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
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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