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Home My WebLink AboutPacket w/Site Development Plans 6-13-14 13 2014 7$1 100S CARMEL/CLAY BOARD OF ZONING APPEALS °` BZA Information Packet Docket No.: 14050007 SU Petitioner: College Park Congregation of Jehovah's Witnesses, Indianapolis,Indiana, Inc. Property: 10439 Commerce Drive, Carmel, Indiana 46032 /2.728 acres +/- unimproved 1. Findings of Fact(ballot sheet) 2. Findings of Fact(question sheet) 3. Statement of Variance 4. Statement of Support - Letter dated May 22, 2014 from West Carmel CP 1, LLC - Letter dated June 11, 2014 from West Carmel CP 1., LLC 5. Location Map 6. Site Development Plans FINDINGS OF FACT—SPECIAL USE CARMEL/CLAY BOARD OF ZONING APPEALS (Petitioner to fill out 1-5) Docket No.: 14050007 SU Petitioner: College Park Congregation of Jehovah's Witnesses, Indianapolis, Indiana,Inc. The premises in question is particularly physically suitable for the proposed Special Use because: The premises has adequate area to accommodate the proposed Special Use, including the proposed improvements and parking to be located thereon;the premises has direct access to Commerce Drive, a 90-foot public right-of-way; the premises is separated from the single-family residential neighborhood areas located immediately East of the premises by a large retention pond; and the premises has no direct vehicular access to the adjacent single-family residential neighborhood. 2. The Special Use will not injuriously or adversely affect economic factors, such as cost/benefit to the community and its anticipated effect on surrounding property values because: The Special Use will be located immediately adjacent to existing, fully developed, retail and office projects; the Special Use will provide a transitional buffer between the single-family development to the East and the retail and office development immediately to the North and West of the premises, and the Special Use maintains a schedule of intermittent religious use based upon worship services and congregation meetings that will occur at times and on days of the week outside of normal business hours and/or business days associated with office uses immediately to the North of the premises. 3. The Special Use will be consistent with sociallneighborhood factors, such as compatibility with existing uses and - those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity because: The Special Use will incorporate improvements having a single story construction with a brick exterior and pitched roof consistent with residential architecture; the Special Use will provide a transitional buffer between the single- family development to the East and the retail and office development immediately to the North and West of the premises; the Special Use will have no facilities for the on-site preparation of food (other than by microwave in break rooms), so no obnoxious or unpleasant odors will be produced;the Special Use will not have vehicular access through the single-family residential neighbors to the East of the premises; and the Special Use will incorporate lighting in the parking lot area that will point down and will be set up to come within 2 feet of the edge of the parking lot when the premises is in use and when not in use, only security lighting will be present so as to have the least impact possible on the single-family residences immediately East of the premises. 4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm drainage facilities and police and fire protection because: The Special Use will not include facilities for daycare, over-night accommodations or an on-site residence, but maintain a schedule of intermittent meeting use; the premises will have no facilities for the on-site preparation of food (other than by microwave in break rooms), so no grease or other by-product of food preparation will be handled or produced at the premises; and the premises has immediate access to a drainage retention pond sufficient in size to more than handle storm water drainage from the premises. 5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed because. The premises will have direct access to Commerce Drive, a 90-foot public right-of-way; the premises has no vehicular access through the single-family development to the East; the Special Use will provide for a schedule of intermittent religious use based upon worship services and congregation meetings that will occur at non-peak traffic times;and the Special use will not require on-street parking. DECISION _Yes No The Board has reviewed the requirements of Ordinance Z-160, Section 21.03 (1-26) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use. IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket Number 14050007 SU 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 . CHAIRPERSON,Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back; (Petitioner or his representative to sign). STATEMENT OF VARIANCE—SPECIAL USE CARMEL/CLAY BOARD OF ZONING APPEALS Docket No.: 14050007 SU Petitioner: College Park Congregation of Jehovah's Witnesses, Indianapolis, Indiana, Inc. Property: 10439 Commerce Drive, Carmel, Indiana 46032 /2.728 acres +/-unimproved Petitioner requests a Special Use to permit property located in the B-5 Zoning District to be used as the location of a place of worship/religious use. WEST CARMEL CP 1,LLC do Coastal Partners, LLC 201 S. Capitol Ave., Suite 520 Indianapolis, IN 46225 May 22, 2014 College Park Congregation of Jehovah's Witnesses, Inc. c/o DeFur Voran, its counsel 8409 Fishers Centre Drive Fishers, IN 46038 RE: Easements Requested in connection with Development Plan Approval ("Approval") by College Park Congregation of Jehovah's Witnesses, Inc. ("Church"). Ladies and Gentlemen: West Carmel CP 1, LLC ("Owner") is the owner of real property located on Commerce Drive in Carmel, Indiana, which property is adjacent to that certain real estate, more particularly described and depicted on Exhibit A attached to this letter (the "Subject Property"), that we are advised is the subject of the Approval. This letter confirms that Owner is agreeable to providing Church with the drainage and sanitary sewer easements necessary for Church's intended development on the Subject Property, subject to both (i) confirmation by Owner's engineers that the existing detention pond and sanitary sewer facilities have sufficient capacity to accommodate Church's intended development on the Subject Property, and (ii) negotiation of one or more easement agreements containing terms mutually acceptable to Owner and Church. Sincerely, West Carmel CP 1, LLC By: Coastal '.rtners, LLC, its M ger By: )(1114j f and IV Name: �� ' 1i• 1(..yeefkii Title: �� / d Exhibit A LEGAL DESCRIPTION Part of the Northeast Quarter of Section 7, Township 17 North, Range 3 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the southwest corner of said Northeast Quarter; thence North 88 degrees 44 minutes 27 seconds East 818.85 feet along the south line of said Northeast Quarter (basis of bearings per West Carmel Center, per plat thereof, recorded as Instrument Number 200300041665 in the Office of the Recorder of Hamilton County, Indiana) to the east right-of- way line of Commerce Drive and the southeastern corner of Block F of said West Carmel Center; thence North 18 degrees 40 minutes 12 seconds West 540.73 feet along said east right- of-way line to a rebar at the POINT OF BEGINNING at the western corner of a Pond Easement described in Instrument Number 200000050549, on file in the Office of said Recorder, the following nine (9) courses are along the southwest and west lines of said Pond Easement; 1) thence North 85 degrees 42 minutes 37 seconds East 36.58 feet to a rebar; 2) thence North 43 degrees 33 minutes 22 seconds East 54.09 feet to a rebar; 3)thence North 55 degrees 31 minutes 24 seconds East 66.08 feet to a rebar; 4) thence North 47 degrees 22 minutes 27 seconds East 110.00 feet to a rebar; 5) thence North 35 degrees 27 minutes 49 seconds East 50.04 feet to a rebar; 6) thence North 05 degrees 40 minutes 17 seconds East 31.36 feet to a rebar; 7) thence North 20 degrees 40 minutes 57 seconds West 166.73 feet to a rebar; 8) thence North 47 degrees - - - 45-minutes-04 seconds West 98.63'-feet-to a rebar; 9) thence North 44 degrees 22 minutes 03 seconds West 96.54 feet to a 5/8" diameter rebar with a cap stamped "Structurepoint—0094" set (hereafter referred to as "set rebar"); thence South 52 degrees 55 minutes 30 seconds West 266.26 feet to a set rebar on said east right-of-way line of Commerce Drive, the following three (3) courses are along said right-of-way line; 1)thence South 36 degrees 06 minutes 42 seconds East 36.27 feet to a rebar; 2)thence southeasterly 242.02 feet along a curve to the right having a radius of 795.00 feet and subtended by a long chord having a bearing of South 27 degrees 23 minutes 26 seconds East and a length of 241.08 feet to a rebar; 3)thence South 18 degrees 40 minutes 04 seconds East 119.53 feet to the POINT OF BEGINNING. 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