HomeMy WebLinkAboutApplicationCARMEL BOARD OF ZONING APPEALS
USE VARIANCE APPLICATION
FEE: $1,650 plus $131 per acre
DOCKET NO. DATE RECEIVED:
1) Applicant: TMC Development LLC
2)
3)
4)
5)
6)
Address
See Exhibit A
Project Name:
Engineer /Architect: American Structurepoint
Attorney: Nelson & Frankenberger
Contact Person: See Exhibit A
Email: See Exhibit A
Phone:
Phone: See Exhibit A
Phone: See Exhibit A
.See Exhibit A
See Exhibit A
Applicant's Status (check the appropriate response): (a) The applicant's name is on the deed to the
property; 0(b) The applicant is the contract purchaser of the property; Q(c) Other:
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Indiana Equity Associates, LLC
Owner's address: See Exhibit A Phone: See Exhibit A
Record of Ownership -- Deed Book No. /Instrument No. 201 3 -1 7749
Page: Purchase date: 3/20/13
Common address of the subject property: 4927 E.
Legal description: See Exhibit B
Tax Map Parcel No.: 29- 10 -21- 000.000 -018
146th Street, Carmel, IN. 46033
7) State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of the
Carmel Zoning Ordinance that applies and /or creates the need for this appeal).
See Exhibit E - Explanation of Requested Use Variance.
8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact -Use Variance ").
See Exhibit F - Findings of Fact/Reasons Supporting Use Variance.
Page 1 — filename: use variance application 2015.docx rev. 12/31/2014
9) Present zoning classification of the property:
10) Present use of the property:
S -1
undeveloped
11) Size of lot/parcel in question: +/- 11.65 acres See Exhibit B
12) Describe the proposed use of the property:
Fuel station and convenience store
13) Is the property: Owner occupied ; Renter occupied 1 ; Other: Undeveloped
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.
NA
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: NA
Builder: NA
16) If proposed appeal is granted, when will the work commence?
Immediately upon granting of approvals
17) If the proposed appeal is granted, who will operate and /or use the proposed improvement for which this
application has been filed?
The Applicant or its successors and assigns.
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 Community Services.
Applicant Signature:
See Exhibit "C" — Petitioner's Consent 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 application 2015.docx rev. 12/31/2014
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:
Sinned: See Exhibit "D" — Owner's Consent
Property Owner, Attorney, or Power of Attorney
(Please Print)
The undersigned, having been duly sworn upon oath says that the above information is true and correct and he is
informed and believes.
(Signature of Petitioner)
County of Before me the undersigned, a Notary Public
(County in which notarization takes place)
for
(Notary Public's county of residence)
this (Property Owner, Attorney, or Power of Attorney)
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument
day of '20
(day) (month) (year)
Notary Public -- Signature
Notary Public -- Please Print
My commission expires:
Page 3 — filename: use variance application 2015.docx rev. 12/31/2014
EXHIBIT "A"
(CONTACT LIST)
Applicant: TMC Development, LLC
Attn: Rob Antrim
501 Pennsylvania Street, Suite 160
Indianapolis, In. 46280
Phone: (317)574 -7338
Email: rantrim @tmcrowley.com
2. Owner: Indiana Equity Associates, LLC
8335 Keystone Crossing, Suite 106
Indianapolis, In. 46240
Attorney/
Land Use Professional:
Jim Shinaver
Jon C. Dobosiewicz
Nelson & Frankenberger
3105 E. 98`h Street, Suite 270
Indianapolis, IN 46280
Phone: (317) 844 -0106
Fax: (317) 846 -8782
Email: Charlie@nf- law.com
Email: Jim@nf- law.com
Email: Jon@nf- law.com
4. Engineer: American Structure Point
Alen Fetahagic
7260 Shadeland Station
Indianapolis, IN 46256
Phone: (317) 547 -5580
Fax: (317) 543 -0270
E- mail: AFetahagic@StructurePoint.com
EXHIBIT "B"
(LEGAL DESCRIPTION)
LAND DESCRIPTION
A Part of the Northwest Quarter of Section 21, Township 18 North, Range 4 East in Hamilton County,
Indiana and lying entirely within a parcel of Land to Indiana Equity Associates, LLC recorded March 20th,
2015 as Instrument No. 2013017749 in the Office of The Hamilton County Recorder, more particularly
described as follows:
Commencing at the Northeast corner of the Northwest Quarter of Section 21, Township 18 North, Range
4 East; thence North 89 degrees 52 minutes 14 seconds West 1770.00 feet along the North line of said
Quarter to the Northeast corner of a parcel of land taken through Condemnation of Real Estate by the
Board of Commissioners of Hamilton County, within the Superior Court Room 3 of Hamilton County,
Cause No 29D03- 9912 -MI- 007549, recorded March 30, 2000 as Instrument No. 2000 - 14311; thence
South 00 degrees 05 minutes 30 seconds East 73.16 feet to a Southeast corner of said parcel and being
the POINT OF BEGINNING; thence continuing South 00 degrees 05 minutes 30 seconds East 586.84 feet;
thence North 89 degrees 52 minutes 14 seconds West 330.00 feet; thence South 00 degrees 05 minutes
30 seconds East 9.98 feet; thence North 89 degrees 52 minutes 14 seconds West 569.47 feet parallel
with the North line of said Quarter to the West line of said Quarter; thence North 00 degrees 24 minutes
40 seconds West 102.42 feet along said West line to the Southwest corner of said Instrument No. 2000-
14311 (the following eleven (11) calls are along the East and South lines of said parcel); (1) thence North
89 degrees 35 minutes 20 seconds East 29.53 feet; (2) thence North 00 degrees 24 minutes 40 seconds
West 239.50 feet; (3) thence North 10 degrees 53 minutes 55 seconds East 133.83 feet; (4) thence North
00 degrees 24 minutes 40 seconds West 65.62 feet; (5) thence North 43 degrees 11 minutes 39 seconds
East 48.67 feet; (6) thence South 88 degrees 43 minutes 29 seconds East 246.11 feet; (7) thence North
87 degrees 24 minutes 11 seconds East 137.95 feet; (8) thence North 64 degrees 43 minutes 18 seconds
East 72.64 feet; (9) thence North 84 degrees 07 minutes 13 seconds East 125.36 feet; (10) thence South
82 degrees 56 minutes 01 seconds East 198.30 feet; (11) thence South 89 degrees 52 minutes 14
seconds East 42.25 feet to the POINT OF BEGINNING.
Containing 508,567.92 square feet or 11.675 acres, more or less.
Exhibit "C"
(JOINDER IN APPPLICATIONS AND PETITIONER'S CONSENT)
The undersigned, being the petitioner in regard to Real Estate identified in what is
attached hereto as Exhibit "1" and graphically illustrated in what is attached hereto as Exhibit
"2" (the "Real Estate "), hereby (i) signs and joins in the Use Variance application and the
Primary Plat application (collectively the "Applications ").
Further, the undersigned having been duly sworn, upon oath says that the above
information is true and correct as he or she is informed and believes.
"Petitioner"
TMC Development LLC
By: TMC M
By:
Narr
Title
r
STATE OF
SS..
COUNTY OF )
Date:
Before me the undersigne Notary Public, in and for sai County and State, personally appeared
(name) 0 . \ k (title) ofTM( (' 1',_ t� n i 11..0 mpany), who
having been duly sworn and acknowledged the execution of the foregoing Petitioner's Consent.
WITNESS my hand and Notarial Seal this _ day of ' , 2015.
i v '
Notary Pu lic _1
My x3trrigs�oC�p"res:
ity of Residenc : Printed Name
C u U
r
BRENDA S IMMANT
Notary Public - Seal
State of Indiana
Hendncxs County
";lion F • :sires Jan 21, 2023
EXHIBIT "I" LEGAL DESCRIPTION
A Part of the Northwest Quarter of Section 21, Township 18 North, Range 4 East in Hamilton
County, Indiana and lying entirely within a parcel of Land to Indiana Equity Associates, LLC
recorded March 201h, 2015 as Instrument No. 2013017749 in the Office of The Hamilton County
Recorder, more particularly described as follows:
Commencing at the Northeast corner of the Northwest Quarter of Section 21, Township 18
North, Range 4 East; thence North 89 degrees 52 minutes 14 seconds West 1770.00 feet along
the North line of said Quarter to the Northeast corner of a parcel of land taken through
Condemnation of Real Estate by the Board of Commissioners of Hamilton County, within the
Superior Court Room 3 of Hamilton County, Cause No 29D03- 9912 -MI- 007549, recorded
March 30, 2000 as Instrument No. 2000 - 14311; thence South 00 degrees 05 minutes 30 seconds
East 73.16 feet to a Southeast corner of said parcel and being the POINT OF BEGINNING;
thence continuing South 00 degrees 05 minutes 30 seconds East 586.84 feet; thence North 89
degrees 52 minutes 14 seconds West 330.00 feet; thence South 00 degrees 05 minutes 30
seconds East 9.98 feet; thence North 89 degrees 52 minutes 14 seconds West 569.47 feet parallel
with the North line of said Quarter to the West line of said Quarter; thence North 00 degrees 24
minutes 40 seconds West 102.42 feet along said West line to the Southwest corner of said
Instrument No. 2000 -14311 (the following eleven (11) calls are along the East and South lines of
said parcel); (1) thence North 89 degrees 35 minutes 20 seconds East 29.53 feet; (2) thence
North 00 degrees 24 minutes 40 seconds West 239.50 feet; (3) thence North 10 degrees 53
minutes 55 seconds East .133.83 feet; (4) thence North 00 degrees 24 minutes 40 seconds West
65.62 feet;.(5) thence North 43 degrees 11 minutes 39 seconds East 48.67 feet; (6) thence South
88 degrees 43 minutes 29 seconds East 246.11 feet; (7) thence North 87 degrees 24 minutes 11
seconds East 137.95 feet; (8) thence North 64 degrees 43 minutes 18 seconds East 72.64 feet; (9)
thence North 84 degrees 07 minutes 13 seconds East 125.36 feet; (10) thence South 82 degrees
56 minutes 01 seconds East 198.30 feet; (I1) thence South 89 degrees 52 minutes 14 seconds
East 42.25 feet to the POINT OF BEGINNING.
Containing 508,567.92 square feet or 11.675 acres, more or less.
EXHIBIT "T' AERIAL MAP
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Exhibit "D"
(JOINDER IN APPPLICATIONS AND OWNER'S CONSENT)
The undersigned, being the owner of the Real Estate identified in what is attached hereto as Exhibit "l"
and graphically illustrated in what is attached hereto as Exhibit "2" (the "Real Estate "), hereby (i) signs and
joins in the Use Variance application and the Primary Plat application (collectively the "Applications ") by TMC
Development, LLC ( "TMC Development ") and (ii) authorizes TMC Development, along with its employees,
engineers, land planners, attorneys, attorneys' employees and agents, as follows:
To file with the Plan Commission of the City of Carmel (the "Plan Commission ") and the Board
of Zoning Appeals of the City of Carmel (the "BZA "), with respect to the Real Estate (i) the
Applications and (ii) applications for any other approvals that may be required or deemed
necessary by TMC Development to develop the Real Estate to allow a filel station (collectively
the "Approvals "); and,
2. To pursue the Approvals before the Plan Commission and any committees of the Plan
Commission, the BZA and other bodies or agencies that TMC Development determines
necessary.
Further, the undersigned hereby swears that Indiana Equity Associates, LLC is the owner of the Real
Estate involved in the Applications and that the foregoing signature, 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. 1, the undersigned, authorize TMC Development LLC, as the applicant, to act on my behalf with regard
to the Applications and subsequent hearings and testimony.
"Owner"
Indiana Equity Associates, LLC, an Indiana limited liability company
Name: C:-YLI�x t Y,
Title: ' XNP-,W Q_
Date: 3j11b 1 oz-,
STATE OF
SS.:
COUNTY OF TY—YL )
.--7 Before ene the undersigned a Notary Public, in and for said County and State, personally appeared
tr CLko i' (name) (title) of :Vh&aayw f q A:g+y jkSSM 1Le(company), who having been duly
sworn and acknowledged the execution of the foregoing Owneerr'ssC,ognsent and A fidav .
WITNESS my hand and Notarial Seal this Vi�� day of! " �"��' '11V` , 2015.
My Commission Expires:
II - i CC- Z3 --
4 unty of Residence:
Mope. ea5
Notary Public
Seal
lamllton County. State of Indiana
' My Commission �fei saber 18.2027
Commissi No on `,89136
Notary Public
M o1, L 2v
Printed Name
EXHIBIT "1" LEGAL DESCRIPTION
A Part of the Northwest Quarter of Section 21, Township 18 North, Range 4 East in Hamilton County, Indiana
and lying entirely within a parcel of Land to Indiana Equity Associates, LLC recorded March 20`x', 2015 as
Instrument No. 2013017749 in the Office of The Hamilton County Recorder, more particularly described as
follows:
Commencing at the Northeast corner of the Northwest Quarter of Section 21, Township 18 North, Range 4
East; thence North 89 degrees 52 minutes 14 seconds West 1770.00 feet along the North line of said Quarter to
the Northeast corner of a parcel of land taken through Condemnation of Real Estate by the Board of
Commissioners of Hamilton County, within the Superior Court Room 3 of Hamilton County, Cause No 29D03-
9912-MI- 007549, recorded March 30, 2000 as Instrument No. 2000 - 14311; thence South 00 degrees 05 minutes
30 seconds East 73.16 feet to a Southeast corner of said parcel and being the POINT OF BEGINNING; thence
continuing South 00 degrees 05 minutes 30 seconds East 586.84 feet; thence North 89 degrees 52 minutes 14
seconds West 330.00 feet; thence South 00 degrees 05 minutes 30 seconds East 9.98 feet; thence North 89
degrees 52 minutes 14 seconds West 569.47 feet parallel with the North line of said Quarter to the West line of
said Quarter; thence North 00 degrees 24 minutes 40 seconds West 102.42 feet along said West line to the
Southwest corner of said Instrument No. 2000 -14311 (the following eleven (11) calls are along the East and
South lines of said parcel); (1) thence North 89 degrees 35 minutes 20 seconds East 29.53 feet; (2) thence North
00 degrees 24 minutes 40 seconds West 239.50 feet; (3) thence North 10 degrees 53 minutes 55 seconds East
133.83 feet; (4) thence North 00 degrees 24 minutes 40 seconds West 65.62 feet; (5) thence North 43 degrees
1 I minutes 39 seconds East 48.67 feet; (6) thence South 88 degrees 43 minutes 29 seconds East 246.11 feet; (7)
thence North 87 degrees 24 minutes 11 seconds East 137.95 feet; (8) thence North 64 degrees 43 minutes 18
seconds East 72.64 feet; (9) thence North 84 degrees 07 minutes 13 seconds East 125.36 feet; (10) thence South
82 degrees 56 minutes 01 seconds East 198.30 feet; (11) thence South 89 degrees 52 minutes 14 seconds East
42.25 feet to the POINT OF BEGINNING.
Containing 508,567.92 square feet or 11.675 acres, more or less.
EXHIBIT "2" AERIAL MAP
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EXHIBIT "E"
EXPLANATION OF REQUESTED USE VARIANCE
TMC Development, LLC ( "Petitioner ") is seeking a use variance pertaining to the
property located at 4927 E. 146th Street, Carmel, Indiana ( "Real Estate ") to permit the
development of a fuel station and associated convenience store. The Real Estate is zoned S -1
Residence.
The Real Estate is located at the southeast corner of Gray Road and 146" Street. 146'
Street is a heavily travelled roadway and over time the character of this general segment of 146th
Street has changed with the development of commercial and business uses along the north side
of 146th Street and Gray Road. Further, there 2 other businesses along the south side of 146th and
west of Gray Road. Based on how the character of 146th Street has changed over time and the
proximity of the Real Estate to 146th Street, it appears unlikely the Real Estate would be
developed for single family housing as permitted by its current S -1 zoning classification.
Pursuant to the Comprehensive Plan, the properties to the west, south and east of the
subject site are classified as "Suburban Residential ". The subject site, along with the parcels
along 146th Street over to The Legacy PUD, are shown as "Areas of Special Study" per the
Comprehensive Plan. A fuel station with a convenience store would provide services that are
similar and compatible to what is contemplated in a "Neighborhood Service Node ". The
Comprehensive Plan considers a "Neighborhood Service Node" a "Conditional Fit" next to
"Suburban Residential" areas, meaning its appropriate when the more intense use is installed
with sensitivity to the adjacent lower intense land classification. Further, the convenience store
aspect of the Petitioner's proposal which provides daily goods has characteristics that are found
within "Neighborhood Support Centers ". The Comprehensive Plan considers `Neighborhood
Support Centers" to be a "Best Fit" next to Suburban Residential areas.
The Comprehensive Plan also contains discussion regarding the "East Carmel Policies
and Objectives" which policies and objectives include: (i) allowing "Neighborhood Service
Nodes" in the context of appropriate areas, which would suggest that they be transitions to
residential areas by providing appropriate buffering, tree preservation and landscaping; and, (ii)
allowing transitions from 146th Street to single family residential areas. The Comprehensive Plan
also contains City wide policies and objectives, such as: (i) attracting additional businesses to
Carmel, which in this case could be achieved by encouraging a well- designed proposal that has
characteristics in common with a Neighborhood Service Node and a Neighborhood Support
Center; (ii) promoting appropriate transitions between uses; and, (iii) protecting natural areas and
features through buffering, open space, tree preservation and landscaping.
The Petitioner's request is detailed in the plans and drawings that have been submitted in
connection with this request. The proposal provides for an appropriate and adequate transition to
the residential uses that are adjacent to the subject site by providing appropriate and significant
buffering, abundant tree preservation, open space and well - designed and ample landscaping so
that the proposed use along with the development of the subject site is sensitive to the adjacent
residential areas, but yet compatible to the changed character along 146th Street in the vicinity of
the subject site.
EXHIBIT "F"
CARMEL/CLAY BOARD OF ZONING APPEALS
FINDINGS OF FACT for USE VARIANCE
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 proposal is not
contrary to the public interest because the proposal itself is compatible with the policies and objectives of the
Comprehensive Plan, as set forth below in these findings. Further, the unique nature and location of the site and
its proximity to 146`" Street, including the commercial character of 146`h Street in the vicinity of the subject site,
are special conditions that exist and create an unnecessary hardship in developing the site pursuant to its current
S -1 zoning classification.
2. The grant of this variance will not be injurious to the public health safety, morals and general welfare of the
community because: The proposal is designed to provide for appropriate buffering, open space and tree
preservation to provide a sensitive transition to the surrounding residential uses. Further, because the proposal is
consistent with the land classification and descriptions included in the Comprehensive Plan it will not be injurious
to the public health, safety, morals and general welfare of the community.
3. The use or value of the area adjacent to the subject propei1y will not be substantially affected in any adverse
manner because: The proposal is designed to provide for appropriate and adequate buffering, open space and tree
preservation to provide a sensitive transition to the surrounding residential uses.
4. The need for the variance arises from a natural condition peculiar to the subject property because: The unique
nature and character of the site itself, along with the site's proximity to 146`" Street and the type of development
along this segment of 146fl' Street (commercial and business uses on the north side of 1461h Street and businesses
west of the subject site) are all factors and natural conditions peculiar to this site. However, the proposal has been
designed to be compatible with the uses that surround it in the vicinity of the intersection of 146'x' Street and Gray
Road and the proposal provides an appropriate transition to the residential areas to the south and east by providing
significant buffering, open space, landscaping and tree preservation.
The rg_anting of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan because:
Pursuant to the Comprehensive Plan, the properties to the west, south and east of the subject site are classified as
"Suburban Residential ". The subject site, along with the parcels along 14601 Street over to The Legacy PUD, are
shown as "Areas of Special Study" per the Comprehensive Plan. A fuel station with a convenience store would
provide services that are similar and compatible to what is contemplated in a "Neighborhood Service Node ". The
Comprehensive Plan considers a "Neighborhood Service Node" a "Conditional Fit" next to "Suburban
Residential" areas, meaning it is appropriate when the more intense use is developed with sensitivity to the
adjacent lower intense land classification. Further, the convenience store aspect of the Petitioner's proposal which
provides daily goods has characteristics that are found within "Neighborhood Support Centers ". The
Comprehensive Plan considers `Neighborhood Support Centers" to be a "Best Fit" next to Suburban Residential
areas.
The Comprehensive Plan also contains discussion regarding the "East Carmel Policies and Objectives" which
policies and objectives include: (i) allowing "Neighborhood Service Nodes" in the context of appropriate areas,
which would suggest that they be transitions to residential areas by providing appropriate buffering, tree
preservation, open space and landscaping; and, (ii) allowing transitions from 146`" Street to single family
residential areas. The Comprehensive Plan also contains City wide policies and objectives, such as: (i) attracting
additional businesses to Carmel, which in this case could be achieved by encouraging a well - designed proposal
that has characteristics in common with a Neighborhood Service Node and a Neighborhood Support Center; (ii)
promoting appropriate transitions between uses; and, (iii) protecting natural areas and features through buffering,
open space, tree preservation and landscaping.
The Petitioner's proposal provides for an appropriate and adequate transition to the residential uses that are
adjacent to the subject site by providing appropriate and significant buffering, abundant tree preservation, open
space and well - designed and ample landscaping so that the proposed use along with development of the subject
site is sensitive to the adjacent residential areas, but yet compatible to the changed character along 146`" Street in
the vicinity of the subject site.
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AERIAL MAP