HomeMy WebLinkAboutApplication Donahue-Wold, Alexia K
From: Donahue-Wold, Alexia K
Sent: Friday, May 16, 2014 12:54 PM
To: Barnes, David R, Blanchard, Jim E; Conn, Angelina V; Donahue-Wold, Alexia K, Duncan, Gary R,
Haney, Douglas C; Hollibaugh, Mike P;John Molitor; Kass, Joslyn; Keeling,Adrienne M; Keesling,
Rachel M; Littlejohn, David W; Lux, Pamela K, Maki, Sue; Martin, Candy; Mindham, Daren,
Mishler, Nicholas F; Motz, Lisa; Stewart, Lisa M;Thomas, John G; Tingley, Connie S
Cc: 'dshelton @defur.com'; Niki Hill (nhill @defur.com); 'koryjones101 @gmail.com'
Subject: Docket No.Assignment: (SU) College Park Congregation of Jehovah's Witnesses, Kingdom Hall
(#14050007 SU)
I have issued the necessary Docket Number for(SU)College Park Congregation of Jehovah's Witnesses, Kingdom Hall. It will be
the following:
(SU) College Park Congregation of Jehovah's Witnesses, Kingdom Hall
The applicant seeks the following special use approval for a new place of worship in a business district:
Docket No. 14050007 SU ZO CH 16.02: Special Use: Place of Worship in B-5/Business District
The site is located at 10439 Commerce Drive, and is zoned B-5/Business. Filed by David Shelton of DeFur Voran, LLP on behalf of
Kory Jones with College Park Congregation of Jehovah's Witnesses.
David can be contacted at 317-585-8085 or at dshelton @defur.com and Kory can be contacted at 317-345-7750 or a
kory.iones101 @gmail.com.
FEES
Special Use $967 plus$128.00 per acre x 2.7 acres
Total fee due: $1,312.60
Filing Dates&Deadlines. Petitioner, please note the following:
1. This Item will be on the May 21,2014 meeting agenda of the Technical Advisory Committee(TAC). If not done so
already,the petitioner must submit plans to all TAC members,via email and/or mail.
2. Mailed and Published Public Notice needs to occur no later than May 29, 2014. Published notice is required within the
Noblesville Times. Get the public notice ad to the Times by 11:00a.m.,two days prior to the public notice deadline, in
order for them to publish it on time (765-365-2316 or legals@thetimes24-7.com). Note:the placement of a public
hearing sign on the property is also required by the BZA Rules of Procedure,Article VI,Section 6(see application).
Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM and the location reads City
Hall Council Chambers.
3. The Filing Fee and Nine(9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than
NOON, Friday,June 13,2014. Failure to submit Informational Packets by this time will result in the automatic tabling of
the petition.
4. The Proof of Notice will need to be received by this Department no later than noon, Friday,June 20,2014. Failure to
submit Proof of Notice by this time will result in the tabling of the petition.
5. This Item will appear on the Monday,June 23, 2014 agenda of the Board of Zoning Appeals Regular Meeting under
Public Hearings at 6:oo pm.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for the petition the night of the meeting for
the Board's use (Sheet 10 of the application). On Ballot sheets,only fill out docket number, petitioner, and date(Sheet
9).
1
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CITY OF CARMEL- BOARD OF ZONING APPEALS
APPLICATION FOR SPECIAL USE/SPECIAL USE AMENDMENT ; - l! r ;'. "
R .8 201
Fee: $967 plus$128 per acre 'l \t' \ �Ca° (f �
DOCKET NO. 1'k5oO ) 50 DATE RECEIVED:
1) Applicant: College Park Congregation of Jehovah's Witnesses, Indianapolis, Indiana,- Inc:
Address: 3532 Shepperton Blvd. , Indianapolis, Indiana 46228
College Park Congregation of Jehovah's Witnesses
2) ProjectName:Kingdom Hall Building Project Phone&Fax:- (317) 345-7750
Engineer/Architect: Michael J. Carson Phone: (765) 743-8340
Attorney: David A. Shelton / .DeFur Voran, LLP Phone: (317) 585-8085
Contact Person: Kory Jones Phone: (317) 345-7750
Email: kory.jones101@gmail.com Fax: N/A
3) Applicant's Status: (Check the appropriate response)
(a)The applicant's name is on the deed to the property
(b)The applicant is the contract purchaser of the property
X (c) Other: Applicant is the "Purchaser" under a purchase agreement with Owner
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: West Carmel CP Land Partners, LLC
c/o Coastal Partners, LLC, 201 S. Capital Avenue,
Owner's address: suite 520, Indianapolis, Indiana 46225 Phone: (317) 829-5758
5) Record of Ownership:
Deed book No./Instrument No. 2013025384
Page: Purchase Date: April 16, 2013
6) Common address of the property involved: 10439 Commerce Drive, Carmel, Indiana 46032
Legal description: see Exhibit "A" attached hereto
29-13-07-000-015.000-014, (�,+J131
Tax Map Parcel ID No.: 1�'-1S_67-00-00 -OIS odo N c t. 11>
7) State explanation of requested Special Use: Applicant 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.
8) State reasons supporting the Special Use: (Additionally,complete the attached question sheet entitled"Findings of
Fact-Special Use").
The Applicant desires to locate a place of worship in a location having sufficient area and vehicle access
to accommodate such use in harmony with the area and businesses in proximity to the subject property.
9) Present zoning of the property(give exact classification): 3-5
10) Present use of the property: vacant/unimproved
Page 1 filename:special use application 2014 rev.12/17/2013
• •
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11) Size of lot/parcel in question: 2.728 acres +/- acres
12) Describe the proposed use of the property: The property will be improved with a place of worship (Kingdom
Hall) having approximately 10,000 square feet with on-site parking.
13) Is the property: Owner occupied Renter occupied Other unimproved
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this
property that would relate or affect its use for the specific purpose of this application? If yes, give date and
docket number, decision rendered and pertinent explanation.
None / N/A
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: No / N/A
Builder: N/A
16) If proposed special use is granted, when will the work Commence?
September 1, 2014
17) If the proposed special use is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
The proposed improvements will be used by the Applicant for a place of worship.
NOTE:
LEGAL NOTICE shall be published in the Noblesville Times a MANDATORY twenty-five(25)days prior to the
public hearing date,The certified"Proof of Publication"affidavit for the newspaper must be available for inspection the
night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY,two methods of notice are
recommended: •
1) CERTIFIED MAIL-RETURN RECEIPT REQUESTED sent to adjoining property owners.(The white receipt
should be stamped by the Post Office at least twenty-five (25)'days prior to the public hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and
abutting property owner acknowledging the twenty-five(25)day notice should be kept for verification that the
notice was completed)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT.
The applicant understands that docket numbers will not be assigned until all supporting information has been submitted
to the Department of Communit Services. •
Applicant Signature: I ` , :i Date: ` 04)///
The applicant certifies by signing this application that he/she has been advised that all representations of the Department of
Community Services are advisory only and that the applicant should rely on a ropriate subdivision and zoning ordinance and/or
the legal advice of his/her attorney. Af 91e4k S re
Page 2— filename:special use application 2014 rev.12/17/2013
• •
CONSENT FORM
The undersigned, WEST CARMEL CP LAND PARTNERS, LLC, an Indiana limited
liability company ("Owner"), being the owner of certain real property commonly known as
10335 Commerce Drive, Carmel, Indiana 46032, and more particularly described on Exhibit"A"
attached hereto (the "Property"), hereby authorizes the COLLEGE PARK CONGREGATION
OF JEHOVAH'S WITNESSES, INDIANAPOLIS, INDIANA, INC., an Indiana non-profit
corporation ("Applicant") to file any and all land development petitions and/or applications, as
needed, for the aforementioned Property, including, without limitation, an application for Site
Plan and Design Review with the City of Carmel Plan Commission and an application for
Special Use (religious use) with the City of Carmel Board of Zoning Appeals.
This consent shall (check one):
X Remain in effect until revoked by a written statement filed with the Department of
Community Services Division of Planning & Zoning.
Remain in effect until
Remain in effect until these land development petitions are resolved.
Owner:
WEST CARMEL CP LAND PARTNERS,
LLC, an Indiana limited liability company
a;9/
By:
1 o vv■ D 4
Title: ti,{-‘„. P _
STATE OF INDIANA
APR n 20'4
COUNTY OF Mx r , SS:•
• Subscribed and sworn to before me this
(7 day of ,�^ t ( 2014
Notary Public
urn .. U.11-tc-
Printed Name of Notary Public
My Commission expires: 1 - 2.6
County of residence: °, f•.)
LISA M. WRIGHT-MINTER
Notary Public-Seal
State of Indiana
My Commission Expires Oct 25,2017
• •
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. Containing 2.728 acres,
more or less.
4/18/2014 /kr Voran LLP Mail - Re: College Park Kingdom Hall fig Project
r.c 2,3b
Re: College Park Kingdom Hall Building Project
l r essaye
Kory Jones <kory.jones101 @gmail.com>
To: David Shelton <dshelton @defur.com>
Cc: Todd Cook <rbctcook @yahoo.com >, Steve Shaw <papashawl @sbcglobal.net>
David,
I'm ok with you signing them on our behalf.
Kory Jones
Original message
From David Shelton <dshelton @defur.com>
Date: 04/18/2014 9:12 AM (GMT- 05:00)
To Kory Jones <kory.jones101 @gmail.com>
Cc Todd Cook <rbctcook @yahoo.com >, Steve Shaw <papashawl @sbcglobal.net>
Subject Re: College Park Kingdom Hall Building Project
Fri, Apr 18, 2014 at 11:15 AM
Kory - We can submit documents today without signatures with the understanding that we will forward signature
pages after the fact. I spoke with the BZA office this morning. Otherwise, with your approval, I can sign the
documents if needed. David
On Thu, Apr 17, 2014 at 11:11 PM, Kory Jones <kory.jones101 @gmail.com> wrote:
1 David,
I am at the firehouse all day tomorrow. Is it possible you can sign as our proxy on these documents?
Sincerely,
Kory Jones
On Thu, Apr 17, 2014 at 4:40 PM, David Shelton <dshelton @defur.com> wrote:
1 Kory: Attached for your review and comment is a draft of Application for Special Use and Application for
TAC committee. In addition to the attached, we have the Owner's signed Consent and list of adjoiners
e(notice addresses) certified by the Hamilton County Auditor's office. Steve will have full -sized copies of the
Survey and all of the other plans required to be submitted with the Application for Special Use and to the
TAC delivered to our office sometime tomorrow moming.
Steve: If you see anything in the attached that needs to be changed or corrected, please let me know.
Can you stop in tomorrow to sign the Application? Do you want to take the Application to Carmel or do you
want us to do so?
Thanks, David
1
Special Use Application Checklist
Applications must include the following applicable materials:
E---Completed application (legible), signed by the owner of the subject property or an authorized agent, notarized,
and filed at least 45 days prior to the next scheduled public hearing – two (2) copies 5,,.�
— Scaled Site plan (two copies) that includes: P t "`1```"'` x'14
1. Locations of existing and proposed principal structures and accessory structures.
2. Parking plan.
3. Lighting Plan, if applicable.
4. Existing and proposed public rights of way (internal and adjoining).
5. Location of easements (utility, drainage, landscape, access, etc.)
6. Building setback lines.
7. Building /site coverage calculation;
8. Existing and proposed utility structures and systems.
g---Preliminary architectural building elevations, labeling height, proposed materials /colors.
Preliminary landscape plan, labeling perimeter bufferyards as required in Section 26.04.
ii/ Signaae details and locations proposed.
❑ Prepare an estimated construction cost to comply with the Thoroughfare Plan & Alternative Transportation
Plan per Zoning Ordinance Section 2.09. (Contact City Engineering Dept for more detail, at 571 - 2441.)
❑ Covenants and commitments, if any. Sep arcctneb C-tl
❑ Service reports from TAC members.
Lv Digital copies of all the plans, elevations, and application.
All documents must be legible and of the required size and scale. The omission of any of the material indicated
in the above checklist may lead to your petition being placed on a later docket, or not accepted for filing. Please
refer to Zoning Ordinance Chapter 21.03 for further detail on items reviewed.
Page 11 — filename: special use application 2014 rev. 12117/2013
4/18/2014 Fw. City of Carmel Kingdom Hall Churemmerce Dri e Hamition County Parcel No: 17- 13- 07- .015.000 - dshelton@defur.com - Defur Voran LL...
orvarded Message
From:- "Duncan, Gary R" <gduncan(c carmel:in.ciov>
To:'Steve Shaw' <pacashawl(a sbcglobal.net>
Cc: "Barnes, David R" <dbarnes(a�carmel.in.gov>; "Boone, Tiffany" <tboone(cr7carmel.in.gov>; "Conn, Angelina V"
<Aconn @carmel.in.gov>; "Donahue -Wold, Alexia K" <awold @carmel.in.gov>; "Jordan, Alex"
<ajordan@carmel.in.gov>; "Kashman, Jeremy M" <jkashman(a�carmel.in.gov>; "Keesling, Rachel M"
<rkeesling a(�,carmel.in.gov>; "Littlejohn, David W" <dlittlejohn(a�carmel.in.gov>; "Thomas, John G"
<jthomas(a)carmel. in.gov>
Sent: Tuesday, March 25, 2014 9:11 AM
Subject: City of Carmel Kingdom Hall Church Commerce Drive Hamitlon County Parcel No: 17- 13- 07- 00 -00- 015.000
Good morning Mr. Shaw. Thank you for your voicemail.
Compliance with the Thoroughfare Plan includes dedication of right -of -way and construction of certain
improvements across the frontage of the proposed development. The zoning ordinance allows petitioners to
provide a monetary commitment equal to the value to otherwise construct the improvements in lieu ofphysical
construction. The site has frontage on Commerce Drive.
Since Commerce Drive is a new roadway, some of the improvements stipulated by the Thoroughfare Plan are
already constructed and are not required to be constructed by the Developer. The Thoroughfare Plan calls for
the following across this approximately 440 -foot frontage:
45 -foot right -of -way
Two travel lanes
Chairback curb and gutter
10 -foot wide bike path
Since one lane of travel has already been constructed, compliance would include the following:
45 -foot right -of -way
One travel lane (the pavement section shall be consistent with the existing Commerce Drive pavement section)
Chairback curb and gutter
l0 -foot wide bike path
There is no requirement for a bike lane across this frontage.
We do require that Engineering Costs for the design of the improvements be included.
Ifyou elect to make a monetary commitment, there is not a form to fill out for the estimated cost to comply with
the Thoroughfare Plan. Engineering generally asks that you prepare the full cost estimate (a spreadsheet will
suffice) and submit the estimate to us for review. The cost estimate should be broken out into line items
(pavement, curbing, asphalt path, engineering design cost, etc.). The cost estimate must be approved by the
Engineering Department before the monetary commitment is made. The value of the commitment shall be equal
to the cost to otherwise design and construct the improvements indicated by the Thoroughfare Plan across the
roadway frontage that this development is not proposing to construct as a part of this project. Most petitioners
dedicate right -of -way, construct the asphalt path and make a commitment for the balance of the value of the
other improvements (in this case, the cost for the additional travel lane and chairback curb and gutter).
4/18/2014 Fw. City of Carmel Kingdom Hall Chureommerce Drive Hamitlon County Parcel No: 17- 13-07 - - 015.000 - dshelton@defur.com - Defur Voran LL...
The c &ristruction of the concrete apron for the new entrance is required for the development and is not credited
against compliance with the Thoroughfare Plan
The roadway is recently constructed so there is no need for interim widening, stone shoulder (since the roadway
is curbed), milling and resurfacing across the frontage. On unimproved roadways, such improvements are
necessary at the time of initial development to allow the road to accommodate the anticipated increases in traffic
from the proposed development. Also, City projects to upgrade roadways typically consist of complete
reconstruction of the roadway and the interim improvements are removed (they do not remain for the long- term).
As such, any interim widening, milling and resurfacing, if requested by the City, does not get credited towards
compliance with the Thoroughfare Plan.
Thanks so much!
Gary
Gary R. Duncan, Jr., PE
Assistant City Engineer
City of Carmel
Department of Engineering
One Civic Square
Carmel, IN 46032
(317) 571- 2441.
(317) 571 -2439 (fax)
gduncan@cannel.in.gov
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