HomeMy WebLinkAboutApplicationLopez, Alexia K
From: Lopez, Alexia K
Sent: Monday, August 18, 2014 11:13 AM
To: Barnes, David R; Blanchard, Jim E; Conn, Angelina V; Crediford, Maggie; Duncan, Gary R; Greg
Ilko; Haney, Douglas C; Hollibaugh, Mike P; John Molitor; Kass, Joslyn; Keeling, Adrienne M;
Keesling, Rachel M; Littlejohn, David W; Lopez, Alexia K; Lux, Pamela K; Maki, Sue; Martin, Candy;
Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Stewart, Lisa M; Thomas, John G; Tingley,
Connie S
Cc: 'cbraun @psrb.com'; Todd Relue (trelue @psrb.com)
Subject: Docket No. Assignment: (UV) Hertz /Penske Car Rental, Park Place PUD ( #14080006 UV)
I have issued the necessary Docket Number for (UV) Hertz /Penske Car Rental, Park Place PUD. It will be the following:
(UV) Hertz /Penske Car Rental, Park Place PUD
The applicant seeks the following use variance for a rental car business:
Docket No. 14080006 UV PUD Z- 521 -08, Section 2 Permitted Primary Uses
The site is located at 1441 South Guilford Road and is zoned Park Place PUD (Ordinance Z- 521 -08). Filed by Christopher Braun of
Plews, Shadley, Racher & Braun on behalf of Shelley Johnston with Hertz /Penske Car Rental.
Christopher can be contacted at (317) 637 -0700, or at cbraun(5ipsrb.com.
FEES
Use Variance
Total fee`du
$1,609.00
$1;609:00;
Filing Dates & Deadlines. Petitioner, please note the following:
1. This Item will be on the September 17, 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 August 28, 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 Iegals(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, September 12, 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, September 19, 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, September 22, 2014 agenda of the Board of Zoning Appeals Regular Meeting
under Public Hearings at 6:0o 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). Ballot sheets must be collated.
1
7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be heard. If
no one appears, it will be tabled.
Please refer to your instruction sheet for more detail.
Planning Department's Preliminary Review Comments; petitioner please respond to the following:
1. Please provide filled out and notarized Placement of Public Notice Sign affidavit once the sign is in place.
2. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form.
3. Provide the filled out Notice of the Public Hearing before the BZA form.
4. Please provide the Proof of Publication email from the Noblesville Times, once you receive it.
5. The notice to the neighbors should be done by Certified Mail with Return Receipts (green cards). Please provide green
signed return receipt cards from the certified mailings once you receive them.
6. Please make checks payable to the City of Carmel.
7. Additional review comments may be issued from the Planning /Zoning Department.
If you have any questions, please feel free to contact me.
Sincerely,
Alexia Lopez
Planning Administrator
City of Carmel, DOCS
One Civic Square
Carmel, IN 46032
317.571.2417
awold @carmel.in.gov
A, Please consider the environment before printing this e-mail
Azi oVi- t-1kt ok)e Pie -A iL , mi -my or G
. .
v;E J COMP ()-'10 . os 036 d- . ; . so‹,/
u / fteRose .
Wertz
Shelley Johnstone
General Manager, OAP Operations IN
1321 N. Shadeland Ave.
Indianapolis, IN 46219
PONW
p 317. 989. 0659
f 317. 747. 9164
sjohnstone@penskecarrental.com
2
CARMEL BOARD OF ZONING APPEALS
USE VARIANCE APPLICATION
FEE: $1,609 plus $128 per acre
DOCKET NO V-1 02/000(0 C)\1
DATE RECEIVED: � • ' °= , �,. _� �z._.>
1) Applicant: Shelley Johnston
Address: 1321 N. Shadeland Ave. Indianapolis, IN 46219
2) Project Name: Hertz /Penske Car Rental Phone: 317 - 989 -0659
Engineer /Architect: Phone:
Attorney: Christopher J. Braun
Contact Person: Christopher J. Braun Phone 317 -637 -0700
Phone: 317- 637 -0700
Email: cbraunpsrb.com
Fax: 317- 637 -0711
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: The
applicant is a potential lessee of the proper.
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: 1441, LLC
Owner's address: c/o Mary Lisher, Faegre Baker Daniels LLP Indianapolis, IN 46204
Phone: 317 - 237 -1081
5) Record of Ownership -- Deed Book No. /Instrument No. 2010020417
Page: N/A Purchase date: 05/10/2010
6) Common address.of.the subject property: 1441 S. Guilford Rd. Suite B2 Carmel, IN 46032
Legal description: Acreage 6.34 Section 36, Township 18, Range 3
Tax Map Parcel No.: 17- 09- 36- 00 -00- 054.002
7) State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of the
Carmel /Clay Zoning Ordinance that applies and /or creates the need for this appeal).
The proposed variance for this commercial property is a Hertz rental car location. The purpose of the use is to
provide rental car services, but rental car services are not within the list of permitted primary uses for property
located in the Park Place Planned Unit Development and West 116th Street Overlay Zone.
8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact -Use Variance ").
The subject property offers plenty of space, up to 6,800 square feet, for parking rental vehicles behind the
building and will be screened from street view. There will be a maximum of eight (8) rental cars parked in
view of the street. All other rental vehicles will not be visible from the street. The proposed variance will
facilitate the growth of business in the area, making it easier for travelling business associates to navigate
the city.
9) Present zoning classification of the property: Park Place Planned Unit Development
10) Present use of the property: Unoccupied
Page 1 — filename: use variance application 2014 rev. 12/17/2013
11) Size of lot/parcel in question: Approximately 2,400 square feet premises in a 6.45 acre parcel
12) Describe the proposed use of the property: The proposed use of the property is a Hertz rental car location.
13) Is the property: Owner occupied ; Renter occupied ; Other: Currently unoccupied
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
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
The lease will begin shortly thereafter.
17) If the proposed appeal is granted, who will operate and /or use the proposed improvement for which this
application has been filed?
Shelley Johnstone, General Manager c/o Hertz /Penske Car Rental
NOTE: LEGAL NOTICE shall be published in the ,Inbles +idle Tim -: 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 Oepartr fient f ommunity"Services.
Applicant Signature: ;' , f 7-N a � Date: )
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 appropriate subdivision and zoning ordinance
and /or the legal advice of his /her attorney.
Page 2 — filename: use variance appiicatian 2014 rev. 12/17/2013
Docket No.:
CARMEL /CLAY BOARD OF ZONING APPEALS
BALLOT SHEET for FINDINGS OF FACT - USE VARIANCE
Petitioner: Shelley Johnstone, General Manager c/o Hertz /Penske Car Rental
1.
2.
3.
4.
DATED THIS
DAY OF
, 20
Board Member
Page 9 — filename: use variance application 2014 rev. 12/17/2013
1.
CARMEL /CLAY BOARD OF ZONING APPEALS
FINDINGS OF FACT for USE VARIANCE
Docket No.:
Petitioner: Shelley Johnstone General Manager c/o Hertz /Penske Car Rental
The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such
that enforcement of the zoning ordinance will result in unnecessary hardship because:
The proposed variance is for a Hertz car rental location. The purpose of the use is to provide rental car services to the general public, corporate
travelers, and those needing a replacement vehicle while under repair.. Rental car services are not on the list of permitted primary uses for
property in the the Park Place Planned Unit Development, as outlined in Carmel /Clay Ordinance Z- 521 -08Z Section 2.3, or in the West 116th
Street Overlay Zone, as outlined in Carmel Zoning Ordinance 23G.02.
2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
This rental location will not be injurious to the public health, safety, morals, and general welfare of the community. The business will utilize a
shared drive off of S. Guilford Road. Hertz will not cause more peak traffic than is already experienced; therefore, the safety of the community
is not threatened. As stated more fully in our answer to the next question, there will only be a maximum of eight (5) rental cars visible from the
street, and all others will be screened from view.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
The subject property provides ample space for Hertz to park its rental vehicles behind the building and out of view from S. Guilford Road,
approximately 6.800 square feet. A maximum of eight (8) rental cars will be parked in front of the building. All other cars will be screened
from street view by existing landscaping, including the building itself and trees. The applicant is willing to commit to installing additional
screening as necessary.
4. The need for the variance arises from a natural condition peculiar to the subject property because:
The subject property is currently in the Park Place Planned Unit Development. Rental car services are not on the list of permitted primary
uses within the PUD, as outlined in CarmellClay Ordinance Z- 521- 08ZSection 2.3.
5. The granting of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan because:
A rental car service will facilitate the growth of business in the area.. As more and more businesses choose to locate in Carmel, visiting
employees and business associates will need a rental car to be able to easily navigate the city. This specific property offers an exceptional
space to park the rental cars hidden from street view. Furthermore, considering its proximity to other car service entities, Hertz will not
iinterfere with or alter the environment created by the Park Place PUD or disturb the nearby retirement community residents..
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use 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
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
Page 10 — filename: use variance application 2014 rev. 12/17/2013
LEGAL DESCRIPTION
Tract 1
Situate in the State of Indiana, County of Hamilton and being a part of the Southwest quarter of Section
36, Township 18 North, Range 3 East of the Second Principal Meridian, more particularly described to-
wit:
Commencing at a 5/8 inch rebar marking the Northeast corner of the West half of the Southwest quarter
of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14 seconds West
66.00 feet with the North line of said West half quarter; thence South 00 degrees 10 minutes 31 seconds
East 2046.57 feet to a mag nail and the true point of beginning of the real estate herein described; thence
North 89 degrees 22 minutes 51 seconds East 310,05 feet to a 5/8 inch rebar; thence South 62 degrees 26
minutes 57 seconds East 36934 feet to a 518 inch rebar; thence North 89 degrees 22 minutes 51 seconds
East 92.14 feet to a 5/8 inch rebar on the East line of the West half of the East half of said Southwest
quarter; thence South 00 degrees 14 minutes 34 seconds East 328.16 feet with said East line to a 5/8 inch
rebar marking the Northeast corner of a 2.215 acre tract as described in Instrument Number
200500011156 in the Office of the Recorder in Hamilton County, Indiana; thence with the Northern line
of said 2.215 acre tract South 89 degrees 38 minutes 37 seconds West 43.46 feet to a 5/8 inch rebar;
thence South 68 degrees 48 minutes 29 seconds West 28.03 feet to a 5/8 inch rebar; thence South 89
degrees 21 minutes 50 seconds West 265.75 feet to a 5/8 inch rebar; thence North 17 degrees 59 minutes
24 seconds West 55.00 feet to a 5/8 inch rebar; thence South 89 degrees 21 minutes 50 seconds West
295.28 feet to a 5/8 inch rebar; thence North 39 degrees 02 minutes.25 seconds West 14.97 feet to a 5/8
inch rebar; thence North 00 degrees 09 minutes 12 seconds West 360.89 feet to a 5/8 inch rebar; thence
South 89 degrees 50 minutes 48 seconds West 73.13 feet to a mag nail; thence North 00 degrees 10
minutes 31 seconds West 86.83 feet to the point of beginning, containing 6.45 acres, more or less.
Tract 2
Easement for sanitary sewer in favor of the Insured, dated May 5, 2010, and recorded May 10, 2010, as
Instrument 2010020419, and more particularly described as follows:
A strip of land 20 feet in width being 10 feet on each side when measured at right angles to the following
described centerline:
Commencing at the Northeast corner of the West half ot'the Southwest quarter of Section 36, Township
18 North, Range 3 East, thence South 89 degrees 15 minutes 14 seconds West 66.00 feet with the North
line of said. West half quarter; thence South 00 degrees 10 minutes 31 seconds East parallel with the East
line of said West half quarter 771.40 feet; thence North 89 degrees 40 minutes 42 second's East 613.60
feet with the North line of a 19.55 acre tract to the centerline of a Sanitary Sewer Easement as described
in Instrument Number 9228327 in the Office of the Recorder of Hamilton County, Indiana, thence with
said centerline South 19 degrees 29 minutes 20 seconds East 315.58 feet to a point being 10 feet West of
and measured perpendicular to the East line of said 19.55 acre tract; thence South 00 degrees 14 minutes
51 seconds East parallel with said East line 944.39 feet, thence South 89 degrees 21 minutes 50 seconds
West 373.94 feet; thence South 25 degrees 32 minutes 25 seconds West 11.14 feet to the South line of
the aforesaid 20 foot Sanitary Sewer Line Easement and the point of beginning of the centerline herein
described; thence South 25 degrees 32 minutes 25 seconds West 31.24 feet to the North line of a 6.45
acre tract the terminus of said centerline. The sidelines of .said easement are to be lengthened or
shortened to terminate on the South line of the 20 foot Sanitary Sewer Easement as described in
Instrument Number 9228327 and the North line of said 6.45 acre tract and to form a continuous strip
from the point of beginning of the sanitary sewer easement as described in Instrument 9228327 to the
terminus of this easement.
AFFIDAVIT
I, hereby swear that I am the owner /contract purchaser of 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 knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with
regard to this application and subsequent hearings and testimony.
STATE OF INDIANA
SS:
The undersigned, having been duly sworn upon
and believes.
Signed: See Attached "Consent Form"
Property Owner, Attomey, or Power of Attorney
(Please Print)
ays that t e above in • tion - - d orrect and he is informed
Pe
(Signature of Petit
County of / ' 1 tt•to
I�(County in which notarization takes place)
for i'1 E.,A) C 1�
(Notary Public's county of residence)
Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
J H Flu% J off N c-roNe and acknowledge the execution of the foregoing instrument this
(Petitioner)
day of Sp�-
(day) (m nth)
(SEAS-),
s s
BRAD W FENTON
Notary Public - Seal
State of Indiana
My Commission Expires Mar 28, 20 0
, 20 l y
Notary P ': --Signat e
Notary Public -- Please Print
ry� �"
My commission expires: /- I Gff 24/ 7i 2 -o
Page 6 — filename: use variance application 2014 rev. 12/172013
DEPARTMENT OF COMMUNITY SERVICES
CARMEL INDIANA
CONSENT FORM
The undersigned, 1441 LLC, being the owner of the property commonly known as 1441 S. Guilford
Road. Suite B2. Carmel. Indiana (Parcel #17 -09- 36- 00-00- 054.002), hereby authorizes Shelley
Johnstone (on behalf of Hertz/Penske Car Rental) to file use and development standards variances
necessary for the aforementioned address. The foregoing consent is limited solely to the petitions
and other filings necessary so that the petitioner may acquire the approvals necessary to operate a
car rental facility. Nothing herein shall be construed as authorizing the aforementioned to encumber
the real estate with any commitments or other restriction.
This consent shall remain in effect until revoked by a written statement filed with the Department of
Community Services of the City of Carmel, Indiana.
1441 LLC
By:
Printed: hn S. N
Title; Member
Date: August 19, 2014
STATE OF FLORIDA )
COUNTY OF Lee
)SS:
Subscribed and sworn to before me this /Q' day of Itl u.s
/ J i
Notary Public Signatur
Printed Notary Name
My Commission expires: (Aar Ch A O, 202,2_.
County of Residence: Lee_
US.54711354.01
TAWIHACHAVEZ
MY COMMISSION s FF0BSl13
EXPIRES: Math 30.2018
flooAe01kre9ndggNr Sento
,20j.
Statement of Use Variance:
The proposed variance for this commercial property is a Hertz car rental location. The
purpose of the use is to provide rental car services to the general public, corporate
travelers, and those needing a replacement vehicle while under repair. Rental car
services are not within the list of permitted primary uses for property located within the
Park Place PUD, as outlined in Carmel /Clay Ordinance Z- 521 -08Z Section 2.3, or in the
West 116th Street Overlay Zone, as outlined in Carmel Zoning Ordinance 23G.02.
The subject property has plentiful space, approximately 6,800 square feet, for parking
the applicant's rental vehicles behind the building and behind a line of trees,
completely shielded from view from S. Guilford Road. The proposed use of this
property has no impact on the exterior structure of any building and makes no changes
to the exterior lighting of the 1441 S. Guildford Rd. building. The applicant seeks to
utilize existing vacant space, which will minimize community infrastructure costs. It
will not require any new points of ingress or egress to the property or alter the site
property, site layout, or building height and footprint. It does not seek to alter the
existing street circulation system or the side or rear setback. The applicant will not be
engaged in disputive activities, such as using loudspeakers or displaying large and
distracting signage. It will use only a permissible sign above its suite. Given its
proximity to other car services, the rental car service will not interfere with the
development goals of the Park Place PUD.
Penske Car Rental (a Licensee of Hertz Car rental) respectfully requests permission to
rent cars at this location. We are currently located inside the Marriott Courtyard on
103rd and Meridian. We have outgrown this location and our primary customer base is
corporate travelers that reside in the Carmel Market. They tontine to inquire about a
location in the Carmel area that would be more convenient to utilize. We are requesting
a "Use Variance" and a "Development Standards Variance" at 1441 S. Guildford Rd.
Carmel, IN 46032 to continue to provide excellent service to our valued customers in
this market.
Supporting statement: Use Variance and Development Standards Variance:
The addition of Hertz /Penske Car Rental will not hinder the development
goals of the Park Place PUD. It will not produce significant amounts of
noise or bother the nearby retirement community. There is
approximately 6,800 square feet of designated parking in the rear of the
building that is available to the applicant to park its rental cars. Cars
parked in the rear of the building are hidden from street view.
*See attached letters from supporting customers in the Carmel Market.