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HomeMy WebLinkAboutPacket 03-24-14c© iller LEGAL COUNSEL One American Square Suite 2900 Indianapolis, IN 46282-0200 , CITY OF CARMEL BOARD OF ZONING APPEAL HEARING OFFICER March 24, 2014 CEIVEO 1 3 7014 Ocs Docket Numbers 14020011V, 14020012V, 14020013, 14030006V and 14030007V MERIDIAN PLAZA PROPERTY, LLC Jason Mc Niel, Esq. ICE MILLER LLP Attorney for Petitioner 3527285 � �iIIer co r LEGAL COUNSEL One American Square Suite 2900 Indianapolis, IN 46282 -0200 CITY OF CARIVIEL BOARD OF ZONING APPEALS HEARING OFFICER March 24, 2014 Docket Numbers 14020011V, 14020012V, 14020013, 14030006V and 14030007V MERIDIAN PLAZA PROPERTY, LLC TABLE OF CONTENTS 1. Detailed Description of Variances of Development Standards 2. Aerial Photograph 3. Site Plan depicting taking from INDOT 4. Findings of Fact 5. Ballot Sheet 1/3527285 1 TAB 1 DETAILED DESCRIPTION OF VARIANCES REQUESTED FOR MERIDIAN PLAZA II AND MERIDIAN PLAZA III Meridian Plaza Property, LLC, the Petitioner, is seeking variances of development standards to allow for reduction in varying widths of landscaping along U.S. Highway 31, and a reduction in varying widths of the bufferyard along 103rd Street. These variances are needed due to the inability to comply with the City of Carmel Zoning Ordinances regarding landscaping and setback requirements along U.S. Highway 31 and the bufferyard along 103rd Street, which have occurred as a result of the expansion of U.S. Highway 31 North. The takings and expansion, and resulting inability to comply with such zoning ordinance requirements are described and depicted on Exhibit A and Exhibit B attached hereto and made a part hereof. The right -of -way takings make it impossible to meet the requirements of the U.S. Highway 31 Corridor Overlay Zone Landscape Requirements (Chapter 33.06(C)(1)) and Landscape Requirements for Perimeter Bufferyard (Chapter 33 05(A)(5)). Additionally, the Petitioner is seeking an additional variance of Chapter 23(B)(12)(A) to allow for parking between U.S. Highway 31 and the build to line of the existing building improvements, along with a variance of Chapter 27.08 to allow for a reduction of 114 parking spaces for Meridian Plaza II building (resulting in 396 parking spaces); and reduction of 70 parking spaces for Meridian III building (resulting in 398 parking spaces). The items regarding parking were legally, pre- existing non - conforming uses before the right -of- way takings along U.S. Highway 31 and 103rd Street, as a result of their being compliant prior to the adoption of the U.S. Highway 31 Corridor Overlay Zone Chapter 23B. 1/3528016 1 EXHIBIT "A" PROJECT: 0710215 CODE: 5303 PARCEL NO.: 22 Fee Simple with Full Limitation of Access FORM: (WL -2) Tax ID No.: 29- 13 -11- 000 - 012.000 -018 A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana and being that part of the grantors' land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked Exhibit "B ", described as follows. Commencing at the northeast corner of said quarter section; thence South 0 degrees 10 minutes 40 seconds West 1,327.70 feet (1,328.00 feet deduced from Instrument 200600066335) along the east line of said quarter section; thence South 89 degrees 29 minutes 12 seconds West 487.18 feet to the point of beginning of this description: thence South 1 degree 25 minutes 50 seconds West 178.88 feet to point "22087" on said plat; thence South 1 degree 38 minutes 24 seconds West 407.35 feet to the northeastern boundary of the intersection of U.S. 31 and 103`d Street, designated as point "22046" on said plat; thence North 37 degrees 52 minutes 44 seconds West 45.48 feet along said boundary to the east boundary of said U.S. 31, thence along said boundary Northerly 374.58 feet along an are to the right having a radius of 22,763.29 feet and subtended by a long chord having a bearing of North 1 degree 58 minutes 29 seconds East and a length of 374.58 feet; thence North 2 degrees 25 minutes 06 seconds East 175.70 feet along said boundary; thence North 89 degrees 29 minutes 12 seconds East 23.73 feet to the point of beginning and containing 0.358 acres, more or less. TOGETHER with the permanent extinguishment of all rights and easements of ingress and egress to, from, and across the limited access facility (to be known as U.S. 31 and as Project 0700215), to and from the grantors' remaining lands where they abut the above - described real estate. This restriction shall be a covenant running with the land and shall be binding on all successors in title to the said abutting lands. This description was prepared for the Indiana Department of Transportation, by Fred L. Benge, Indiana Registered Land Surveygr. License Number LS80040408, on the 2141- day of tit,e5 , 2012 B V.V0 41. m �C \ST ERF4 1eo 4 ST °F 1 Fred L. Benge EXHIBIT "A" PROJECT: 0710215 CODE: 5303 PARCEL NO 22A Fee Simple with Partial Limitation of Access FORM: (WL -2) Tax ID No.: 29- 13 -11- 000 - 011.000 -018 A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana and being that part of the grantors' land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked Exhibit "B ", described as follows: Commencing at the northeast comer of said quarter section; thence South 0 degrees 10 minutes 40 seconds West 1,327.70 feet (1,328.00 feet deduced from Instrument 200600066335) along the east line of said quarter section; thence South 89 degrees 29 minutes 12 seconds West 487 18 feet to the point of beginning of this description: thence continuing South 89 degrees 29 minutes 12 seconds West 23.73 feet to the eastern boundary of U.S. 31; thence North 2 degrees 25 minutes 06 seconds East 479.69 feet (479.96 feet deduced from Instrument 200600066335) along said boundary; thence along said boundary Northerly 200 70 feet (200.82 feet deduced from Instrument 200600066335) along an arc to the left having a radius of 22,986.05 feet and subtended by a long chord having a bearing of North 2 degrees 20 minutes 54 seconds East and a length of 200.70 feet; thence North 89 degrees 26 minutes 05 seconds East 66 00 feet; thence South 0 degrees 59 minutes 27 seconds West 38.18 feet to point "22055" on said plat; thence North 87 degrees 55 minutes 08 seconds West 37.00 feet to point "22056" on said plat; thence South 3 degrees 41 minutes 08 seconds West 163.13 feet to point "22091" on said plat; thence South 4 degrees 23 minutes 36 seconds West 205.12 feet to point "22057" on said plat; thence South 1 degree 25 minutes 49 seconds West 276.18 feet to the point of beginning and containing 0.401 acres, more or less. TOGETHER with the permanent extinguishment of all rights and easements of ingress and egress to, from, and across the limited access facility (to be known as U S. 31 and as Project 0710215), to and from the grantors' abutting lands, along the 163.13 -foot, the 205.12 -foot, and the 276.18 -foot courses described above. Also, beginning at the northern end of the 163 13 -foot course described above; thence North 4 degrees 20 minutes 50 seconds East 36.59 feet to the terminus. This restriction shall be a covenant running with the land and shall be �S,,ts 6i binding on all successors in title to the said abutting lands. This description was prepared for the Indiana Department of Transportation, by Fred L. Benge, Indiana Registered L nd Surveyor. License Number LS80040408, on the Z ( day of t4-f-o7" , 2012 'r.RGkt96���l '.: I: Ss 1 °q ND POP.° e -422. *0,446 sak,ec 0 Fred L. B ge EXHIBIT "A" PROJECT: 0710215 CODE: 5303 PARCEL NO.: 22D Temporary Right of Way for Grading FORM: (T -3) A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the northeast comer of said quarter section; thence South 0 degrees 10 minutes 40 seconds West 1,327.70 feet (1,328.00 feet deduced from Instrument 200600066335) along the east line of said quarter section; thence South 89 degrees 29 minutes 12 seconds West 487.18 feet to the point of beginning of this description: thence North 1 degree 25 minutes 49 seconds East 276.18 feet; thence South 57 degrees 42 minutes 59 seconds East 70.33 feet; thence South 19 degrees 56 minutes 33 seconds East 91.92 feet; thence South 2 degrees 26 minutes 15 seconds West 58.00 feet; thence South 43 degrees 41 minutes 09 seconds East 108 21 feet; thence South 44 degrees 37 minutes 00 seconds West 244.25 feet; thence South 34 degrees 27 minutes 10 seconds East 96.74 feet; thence Southerly 171.98 feet along an arc to the left having a radius of 126.20 feet and subtended by a long chord having a bearing of South 0 degrees 47 minutes 34 seconds East and a length of 158.98 feet; thence South 37 degrees 22 minutes 18 seconds West 94.53 feet; thence South 44 degrees 50 minutes 01 second East 193.45 feet; thence South 1 degree 15 minutes 57 seconds West 21.36 feet to the north boundary of 103rd Street; thence South 89 degrees 16 minutes 32 seconds West 125.93 feet along said boundary to the west boundary of the intersection of said 103rd Street and U S. 31; thence North 0 degrees 29 minutes 45 seconds West 15.11 feet along said boundary to the southwestern boundary of the intersection of said 103rd Street and said U.S. 31; thence North 37 degrees 52 minutes 44 seconds West 39.04 feet along said boundary; thence North 1 degree 38 minutes 24 seconds East 407.35 feet; thence North 1 degree 25 minutes 50 seconds East 178.88 feet to the point of beginning and containing 1.478 acres, more or less. This description was prepared for the Indiana Department of Transportation, by Fred L. Benge, Indiana Registered Land Survey r, License Number LS80040408, on the ZLst' day of . u , 2012 Re ,)1, 1,1- i5 -12 Fred L. Benge EXHIBIT "A" PROJECT: 0710215 CODE: 5303 PARCEL NO.: 22E Temporary Right of Way for Grading FORM: (T -3) A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the northeast corner of said quarter section; thence South 0 degrees 10 minutes 40 seconds West 647.71 feet (648.00 feet deduced from Instrument 200600066335) along the east line of said quarter section; thence South 89 degrees 26 minutes 05 seconds West 418.57 feet; thence South 0 degrees 59 minutes 27 seconds West 38.18 feet to the point of beginning of this description: thence South 1 degree 28 minutes 44 seconds East 47.53 feet; thence South 42 degrees 28 minutes 07 seconds East 49.75 feet; thence South 28 degrees 41 minutes 35 seconds West 67.63 feet; thence South 70 degrees 13 minutes 41 seconds West 52.93 feet; thence North 3 degrees 41 minutes 08 seconds East 163.13 feet; thence South 87 degrees 55 minutes 08 seconds East 37.00 feet to the point of beginning and containing 0.189 acres, more or less. This description was prepared for the Indiana Department of Transportation, by Fred L. Benge, Indiana Registered Land Surveyor License umber LS80040408, on the l/51. day of u , 2012 Re.,h Std c H e L 2 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Docket No 14020011V, 14020012V, 14020013V, 14030006V and 14030007V Petitioner MERIDIAN PLAZA PROPERTY, LLC 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because The requested variances allow for the continued operation of multi- tenant office buildings. The use of the subject real estate will remain the same as it has existed for many years and, therefore, the grant of the variances by their very nature will not effect nor be injurious to the public health, safety, morals and general welfare of the community 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because The variances allow for the continued operation of existing multi- tenant office buildings, which have existed for many years in this location, with no adverse impact on the adjoining areas. Continuing the same use will have no substantial adverse impact on the use or value of the areas adjacent as the same use will remain intact. Moreover, the surrounding areas are business offices in nature, and the reduction in landscaping and parking will have no impact on these adjacent office buildings, or the parking for Meridian Plaza as the parking is self contained. 3 The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because The need for the variances regarding landscaping arise due to the takings of the right -of -way along U.S. 31. and 103rd Streets. by the Indiana Department of Transportation. Changes in the U S Highway 31 Overlay Zone and the right -of -way takings make it impractical to meet the requirements, where inadequate room exists for the required landscaping. The parking variances were legally existing non- conforming uses prior to the right -of -way takings and the need for the variances result from a combination of said takings and prior conforming uses. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof Adopted this day of 20 14 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign Page 10 - filename: development standards variance 2013.docx rev 1/2/2013