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HomeMy WebLinkAboutPacket 03-24-14Ice ilier LEGAL COUNSEL One American Square Suite 2900 Indianapolis, IN 46282 -0200 CITY OF CARMEL BOARD OF ZONING APPEALS HEARING OFFICER March 24, 2014 Docket Numbers 14020008V, 14020009V, 14020010, 14030008V and 14030009V ZELLER - CARMEL, L.L.C. Jason McNiel, Esq. ICE MILLER LLP Attorney for Petitioner 3527267 iceMiIIer LEGAL COUNSEL One American Square Suite 2900 Indianapolis, IN 46282 -0200 CITY OF CARMEL BOARD OF ZONING APPEALS HEARING OFFICER March 24, 2014 Docket Numbers 14020008V, 14020009V, 14020010, 14030008V and 14030009V ZELLER- CARMEL, L.L.C. 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 113527267.1 DETAILED DESCRIPTION OF VARIANCES REQUESTED FOR MERIDIAN MARK I AND MERIDIAN MARK II Carmel Zeller, 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 116th Street and Pennsylvania 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 116th Street and Pennsylvania 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 27.08 to allow for a reduction of 24 parking spaces for Meridian Mark 1 building (resulting in 710 parking spaces); and reduction of 312 parking spaces for Meridian Mark II building (resulting in 520 parking spaces). The items regarding parking were legally, pre- existing non - conforming uses before the right -of -way takings along U.S. Highway 31, 116th Street, and Pennsylvania Street, as a result of their being compliant prior to the adoption of the U.S. Highway 31 Corridor Overlay Zone Chapter 23B. 1/3528223 1 EXHIBIT A LEGAL DESCRIPTION DES NUMBER 0600432 LA CODE 5301 PARCEL 77 PERMANENT RIGHT OF WAY LEGAL DESCRIPTIONS EXHIBIT "A" PROJECT: 07I0215 CODE: 5301 PARCEL NO.: 77 - Fee Simple with Partial Limitation of Access FORM: go.,-2) Tax ID No.: 29- 09 -35- 000- 037.001 -018 Sheet 1 of 3 A part of the Southwest Quarter of Section 35, 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 Exhibit "3 ", described as follows: Commencing at the southeast corner of said quarter section; thence North 0 degrees 14 minutes 56 seconds East 728.38 feet along the east line of said quarter section; thence North 74 degrees 44 minutes 40 seconds West 36.29 feet to the west boundary of Pennsylvania Street; thence South 0 degrees 14 minutes 44 seconds West 69.83 feet along said boundary to the point of beginning of this description, designated as point "77030" on said plat; thence continuing South 0 degrees 14 minutes 44 seconds West 254.10 feet along said boundary; thence along said boundary Southerly 131.20 feet along an are to the right having a radius of 11,414.16 feet and subtended by a long chord having a bearing of South 0 degrees 34 minutes 30 seconds West and a length of 131.20 feet; thence South 0 degrees 54 minutes 15 seconds West 243,58 feet along said boundary to the north boundary of 116x' Street; thence South 88 degrees 52 minutes 52 seconds West 510,44 feet along said boundary to the east boundary of U.S. 31; thence North 0 degrees 15 minutes 31 seconds East 4.65 feet along said boundary to the southeastern end of the northeastern boundary of the intersection of said 116u' Street and said U.S. 31; thence North 58 degrees 38 minutes 35 seconds West 44.51 feet along said boundary to the east boundary of said U.S, 31; thence North 0 degrees 15 minutes 14 seconds East 819.72 feet along said boundary; thence South 89 degrees 45 minutes 17 seconds East 23.00 feet; thence South 0 degrees 15 minutes 14 seconds West 189.00 feet to point "77017" on said plat; thence South 12 degrees 28 minutes 44 seconds West 61.39 feet to point "77018" on said plat; thence South 0 degrees 15 minutes 14 seconds West 135.00 feet to point "77019" on said plat; thence South 26 degrees 18 minutes 41 seconds East 33.54 feet to point "77020 "on said plat; thence South 0 degrees 15 minutes 14 seconds West 45.00 feet to point "77021" on said plat; thence South 9 degrees 42 minutes 58 seconds West 30.41 feet to point "77022" on said plat; thence South 0 degrees 15 minutes 14 seconds West 205.00 feet to point "77023" on said plat; thence South 11 degrees 44 minutes 35 seconds East 46.48 feet to point "77055" on said plat; thence South 40 degrees 45 minutes 24 seconds East 68.91 feet to point "77024" on said plat; thence A -1 DES NUMBER 0600432 LA CODE 5301 PARCEL 77 EXHIBIT "A" PROJECT: 0710215 CODE: 5301 Sheet 2 of 3 PARCEL NO.: 77 - Fee Simple with Partial Limitation of Access FORM: (WL-2) Tax ID No.: 29- 09 -35- 000- 037.001 -018 South 64 degrees 28 minutes 46 seconds East 69.93 feet to point "77025" on said plat; thence North 88 degrees 41 minutes 24 seconds East 270.00 feet to point "77026" on said plat; thence North 74 degrees 39 minutes 14 seconds East 41,23 feet to point "77027" on said plat; thence North 55 degrees 18 minutes 10 seconds East 22.87 feet to point "77028" on said plat; thence North 35 degrees 17 minutes 19 seconds East 87.62 feet to point "77060" on said plat; thence North 0 degrees 43 minutes 35 seconds East 126.63 feet to point "77058" on said plat; thence North 10 degrees 20 minutes 21 seconds East 101.80 feet to point "77057" on said plat; thence South 89 degrees 16 minutes 25 seconds East 5.00 feet to point "77056" on said plat; thence North 0 degrees 43 minutes 35 seconds East 250.00 feet to point "77029" on said plat; thence North 14 degrees 56 minutes 34 seconds East 36.11 feet to the point of beginning and containing 1.120 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 116th Street and as Project 0710215), to and from the grantor's abutting lands, along the 189.00 -foot, the 61.39 -foot, the 135.00 -foot, the 33.54 -foot, the 45.00- foot, the 30.41 -foot, the 205.00 -foot, the 46.48 -foot, the 68,91 -foot, the 69,93-foot, the 270.00 -foot, the 41.23 - foot; and the 22.87 -foot courses described above. 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 RegisteredTlind Surveyor, L'cere Number LS80040408, on the 2 day of f5 G� , 2012 DES NUMBER 0600432 LA CODE 5301 PARCEL 77 EXHIBIT "A" PROJECT: 0710215 CODE: 5301 PARCEL NO.: 77E - Fee Simple with Full Limitation of Access FORM: (WL -2) Tax ID No.: 29- 09 -35- 000 - 037.002 -018 Sheet 3 of 3 A part of the Southwest Quarter of Section 35, Township 18 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's and 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 southeast corner of said quarter section; thence North 0 degrees 14 minutes 56 seconds East 728,38 feet along the east line of said quarter section; thence North 74 degrees 44 minutes 40 seconds West 58.58 feet; thence Northwesterly 61.33 feet along an arc to the right having a radius 117.00 feet and subtended by a long chord having a bearing of North 59 degrees 43 minutes 50 seconds West and a length of 117.00 feet; thence North 44 degrees 44 minutes 32 seconds West 286,93 feet; thence South 45 degrees 16 minutes 25 seconds West 145.06 feet; thence North 89 degrees 45 minutes 16 seconds West 149.34 feet to the point of beginning of this description; thence continuing North 89 degrees 45 minutes 16 seconds West 23.00 feet to the east boundary of U.S. 31; thence North 0 degrees 15 minutes 14 seconds East 661.01 feet; thence South 20 degrees 43 minutes 11 seconds East 64,26 feet to point "77032" on said plat; thence South 0 degrees 15 minutes 14 seconds West 601.00 feet to the point of beginning and containing 0.333 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 grantor's 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 Surveyor Li nse Number LS80040408, on the 971 ' day of 2012 `� \4ltit11111711/��t S0408 •.r. i STATE OF ti X01. /V r 110(� Fred Ben DES NUMBER 0600432 LA CODE 5301 PARCEL 77 RELEASE OF LEASEHOLDER INTEREST EXHIBIT "A" PROJECT; 0710215 CODE: 5301 PARCEL NO.: 77F - Fee Simple with Partial Limitation of Access [Leaseholder Interest] FORM: (QCD -3) Sheet 1 of 2 A part of the Southwest Quarter of Section 35, 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 Exhibit "B ", described as follows: Commencing at the southeast corner of said quarter section; thence North 0 degrees 14 minutes 56 seconds East 728.38 feet along the east line of said quarter section; thence North 74 degrees 44 minutes 40 seconds West 36.29 feet to the west boundary of Pennsylvania Street; thence South 0 degrees 14 minutes 44 seconds West 69.83 feet along said boundary to the point of beginning of this description, designated as point "77030" on said plat; thence continuing South 0 degrees 14 minutes 44 seconds West 254.10 feet along said boundary; thence along said boundary Southerly 131.20 feet along an arc to the right having a radius of 11,414.16 feet and subtended by a long chord having a bearing of South 0 degrees 34 minutes 30 seconds West and a length of 131.20 feet; thence South 0 degrees 54 minutes 15 seconds West 243.58 feet along said boundary to the north boundary of 116th Street; thence South 88 degrees 52 minutes 52 seconds West 510.44 feet along said boundary to the east boundary of U.S. 31; thence North 0 degrees 15 minutes 31 seconds East 4.65 feet along said boundary to the southeastern end of the northeastern boundary of the intersection of said 116th Street and said U.S. 31; thence North 58 degrees 38 minutes 35 seconds West 44.51 feet along said boundary to the east boundary of said U.S. 31; thence North 0 degrees 15 minutes 14 seconds East 819.72 feet along said boundary; thence South 89 degrees 45 minutes 17 seconds East 23.00 feet; thence South 0 degrees 15 minutes 14 seconds West 189.00 feet to point "77017" on said plat; thence South 12 degrees 28 minutes 44 seconds West 61.39 feet to point "77018" on said plat; thence South 0 degrees 15 minutes 14 seconds West 135.00 feet to point "77019" on said plat' thence South 26 degrees 18 minutes 41 seconds East 33.54 feet to point "77020 "on said plat; thence South 0 degrees 15 minutes 14 seconds West 45.00 feet to point "77021" on said plat; thence South 9 degrees 42 minutes 58 seconds West 30.41 feet to point "77022" on said plat; thence South 0 degrees 15 minutes 14 seconds West 205,00 feet to point "77023" on said plat; thence South 11 degrees 44 minutes 35 seconds East 46.48 feet to point "77055" on said plat; thence South 40 degrees 45 minutes 24 seconds East 68.91 feet to point "77024" on said plat; thence A -4 DES NUMBER 0600432 LA CODE 5301 PARCEL 77 EXHIBIT "A" PROJECT: 0710215 CODE: 5301 PARCEL NO.: 77E - Fee Simple with Partial Limitation of Access [Leaseholder Interest] FORM: (QCD -3) Sheet 2 of 2 South 64 degrees 28 minutes 46 seconds East 69.93 feet to point "77025" on said plat; thence North 88 degrees 41 minutes 24 seconds East 270.00 feet to point "77026" on said plat; thence North 74 degrees 39 minutes 14 seconds East 41.23 feet to point "77027" on said plat; thence North 55 degrees 18 minutes 10 seconds East 22.87 feet to point "77028" on said plat; thence North 35 degrees 17 minutes 19 seconds East 87.62 feet to point "77060" on said plat; thence North 0 degrees 43 minutes 35 seconds East 126.63 feet to point "77058" on said plat; thence North 10 degrees 20 minutes 21 seconds East 101.80 feet to point "77057" on said plat; thence South 89 degrees 16 minutes 25 seconds East 5.00 feet to point "77056" en said plat; thence North 0 degrees 43 minutes 35 seconds East 250.00 feet to point "77029" on said plat; thence North 14 degrees 56 minutes 34 seconds East 36.11 feet to the point of beginning and containing 1.120 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 116th Street and as Project 0710215), to and from the grantor's abutting lands, along the 189.00 -foot, the 61.39 -foot, the 135.00 -foot, the 33.54 -foot, the 45,00 - foot, the 30.41 -foot, the 205.00 -foot, the 46.48 -foot, the 68.91 -foot, the 69.93 -foot, the 270,00 -foot, the 41,23 - foot; and the 22.87 -foot courses described above. 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 Regis e kand Surveyor, Li Number LS80040408, on the b !� day of , 2012 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Docket No 14020008V, 14020009V, 14020010V, 14030008V and 1\4030009V Petitioner" ZELLER - CARMEL, L.L.0 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 communi y. 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, as the parking for Meridian Mark is self contained with the exception of one area of parking by non - exclusive cross easement. 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 arise solely from the takings of the right -of -ways along U S 31, 116th Street and Pennsylvania Street by the Indiana Department of Transportation Changes in the U S 31 Overlay zone and the right -of -way takings make it u• .. • •• -- •- -. -O -• 11- - •.• -. - ••11 • •- -• -• .•• .• •. •- •. • •. .. .ft - was a legally existing non - conforming use prior to the right -of -way takings. 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