HomeMy WebLinkAboutSpecial Use ApplicationCITY OF CARMEL - BOARD OF ZONING APPEALS
APPLICATION FOR SPECIAL USE/SPECIAL USE AMENDMENT
Fee: $1,044 plus $138 per acre
DOCKET NO. DATE RECEIVED:
1) Applicant: Imagine and Discover Inc., dba Rainbow Station
Address: c/o Steve Ramos, 10408 Olio Road, Fishers, IN 46040 Phone: 317-401-3800
2) Proiect Name: Rainbow Station - Carmel
3)
4)
5)
Engineer: American Structurepoint, Inc., Attn: Gene Beiermann, P.E. Phone: 317-547-5580
Architect: Rottmann Colier Architects, Inc. Attn: Todd Rottmann Phone: 317-721-2724
Attorney: Nelson & Frankenberger, LLC, Attn: Jim Shinaver Phone: 317-844-0106
Contact Person: Jim Shinaver Phone: 317-844-0106
Email: jims@nf-law.com
Fax: 317-846-8782
Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
X (b) The applicant is the contract purchaser of the property
(c) Other:
If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's add
Record of Ownership: Dean A. and Rhenda G. Graham
Deed book No./Instrument No.
Page: Purchase Date:
Phone:
6) Common address of the property involved: 14590 Cherry Tree Road, Carmel, IN 46033
Legal description: See attached
Tax Map Parcel ID No.: 17-10-22-00-00-007.009
7) State explanation of requested Special Use: See attached Exhibit "D"
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8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled
"Findings of Fact -Special Use"). See attached Exhibit "E"
9) Present zoning district classification of the property: S-1 Other
10) Present use of the property: residence
11) Size of lot/parcel in question: 3.93 +/- acres
12) Describe the proposed use of the property:
Kindergarten/Preschool and Private School
13) Is the property: Owner occupied X
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.
15) Has work for which this application is being filed already started? NO If answer is yes, give
details: Building Permit Number:
Builder:
16) If proposed special use is granted, when will the work Commence? Upon receipt of all applicable approvals
17) If the proposed special use is granted who will operate and/or use the proposed improvement for which
this application has been filed? Imagine and Discover, Inc., dba Rainbow Station, and its successors and
assigns.
NOTE:
LEGAL NOTICE shall be published in the newspaper according to the Chart on 1age 5 a MANDATORY
20 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) FIRST CLASS MAIL with CERTIFICATE OF MAILING sent to adjoining property owners. (The white
receipt should be stamped by the Post Office at least 20 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 20 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,
Page 2 — filename: special use application 2017 rev. 12/20/2016
Applicant Signature: See Ex. "B" and "C" Applicant and Owners Consents Date: 12/22/17
Auditor of Hamilton County, Indiana
oath says that the above information is true and correct as he is informed and believes.
(Signature of Petitioner)
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.
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:
Signature: See Applicant Consent attached as Exhibit "B" and Owner
Consent attached as Exhibit "C"
(Property Owner, Property Owner's Attorney or Power of Attorney)
Printed Name: See Applicant Consent attached as Exhibit "B" and Owner
Consent attached as Exhibit "C"
(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.
County of.
for
(Petitioner Name)
(County in which notarization takes place)
(Notary Public's county of residence)
Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
Page 3 — filename: special use application 2017 rev. 12/20/2016
EXHIBIT "A"
Contact Information
1. Owner and Parcel No.: 17-10-22-00-00-007.009
Dean A. and Rhenda G. Graham
14590 Cherry Tree Road
Carmel, IN 46033
2. Applicant: Imagine and Discover Inc. dba Rainbow Station
Steve Ramos
10408 Olio Road
Fishers, IN 46040
Phone: (317) 401-3800
Email: sramos@rainbowstationindy.org
3. Attorney/
Land Use Professional: Jim Shinaver, Attorney
Jon C. Dobosiewicz, Land Use Professional
Nelson & Frankenberger, LLC
550 Congressional Blvd., Suite 210
Carmel, IN 46032
Phone: (317) 844-0106
Fax: (317) 846-8782
Email: jims@nf-law.com
Email: jon@nf-law.com
4. Engineer: American Structurepoint, Inc.
Gene Beiermann, P.E.
7260 Shadeland Station
Indianapolis, IN 46256
Phone: (317) 547-5580
E-mail: gbeiermann@structurepoint.com
5. Architect: Rottmann Collier Architects, Inc.
c/o Todd W. Rottmann, AIA
155 East Market Street, Suite 200
Indianapolis, IN 46204
Phone: (317) 721-2724
E-mail: todd@rottmanncollier.com
EXHIBIT "B"
APPLICANT CONSENT TO AND JOINDER IN APPLICATIONS
The undersigned, Imagine and Discover, Inc. dba as Rainbow Station ("Rainbow Station' ), and its
successors and assigns, is the Applicant as it relates to the parcel of real estate that is identified per the records
of the Hamilton County, Indiana Auditor's Office as tax parcel number 17-10-22-00-00-007.009 ("Real
Estate"), and it hereby consents to and joins in the filing of an application with the City of Carmel for special
use approval pertaining to the Real Estate (the "Application"). In addition, if the undersigned determines that
other approvals may be required or deemed necessary (collectively the "Other Approvals"), the foregoing
Consent and Joinder in Application shall apply to the Application and for any Other Approvals sought by
Rainbow Station pertaining to the development of the Real Estate. Rainbow Station also authorizes its
employees, engineers, land planners, attorneys, attorneys' employees and agents, as follows:
tj
STATE OF
To file with respect to the Real Estate the Application with the Board of Zoning Appeals of the
City of Carmel;
To pursue the approval of the Application and Other Approvals before the Board of Zoning
Appeals and any other bodies or agencies, as such may be required; and,
Imagine and Discover,
Title:`'�c�-,
Date: j
COUNTY OF Ai .�► t -
SS:
Station
Before me the undersigned, a Notary Public* and for said County and State, personally appeared
(name), as Y,; ��,�,� (title) on behalf of Imagine
and Discover, Inc. dba Rainbow Station, as the Applicant, and acknowledged the execution of the foregoing
Applicant Consent To and Joinder in Application.
WITNESS my hand and Notarial Seal this /6
My Commission Expires:
y-?-- zo/g
County of Re idence:
LMH ! /k -
day of c��e,.-- . 20
Not is
Printed N
COREY ALAN JOHNSON
Notary Public- Seal
State of Indiana
My Commission Expires Apr 7, 2019
EXHIBIT "C"
OWNERS CONSENT TO AND JOINDER IN APPLICATIONS
The undersigned persons are the owners (collectively referred to as the "Owner"), based on their
ownership of the parcel of real estate that is identified per the records of the Hamilton County, Indiana
Auditor's Office as tax parcel number 17-10-22-00-00-007.009 (the "Real Estate"). The Owner hereby
consents to and joins in the filing by Imagine and Discover, Inc. dba as Rainbow Station (the "Applicant"), and
its successors and assigns, of a special use application with the City of Carmel regarding the Real Estate owned
by the Owner (the "Application"). In addition to the Owner consenting to and joining in the Application,
pursuant to this "Owner Consent and Joinder in Applications", if the Applicant determines that other approvals
may be required or deemed necessary by the Applicant to develop the Real Estate for its intended use
(collectively the "Other Approvals"), the foregoing "Owner Consent and Joinder in Applications" shall apply to
the Application and also for any Other Approvals sought by the Applicant. The Owner also authorize the
Applicant, along with its employees, engineers, land planners, attorneys, attorney's employees and agents, as
follows:
1. To file with respect to the Real Estate the Application with the Board of Zoning Appeals of the
City of Carmel (the "BZA") and, if determined necessary by the Applicant, to file applications
seeking Other Approvals;
2. To pursue the approval of the Application and Other Approvals before the BZA and any other
bodies or agencies, as such may be required; and,
3. To act on behalf of the Owner with regard to the Application and Other Approvals in hearings
and testimony incident thereto.
"Owner"
Name: Dean A. Grah v`11
`
Date: J'71
STATE OF 1hjz,;;
COUNTY OF &1 M h_ io r)+
"Owner"
B �.���'�A �L ' i `Y
Y� ) (- -(rY%rc
Name: Rhenda G. Graham
Date:
SS:
Before me the undersigned, a Notary Public, in and for said County and State, personally appeared Dean
A. Graham and Rhenda G. Graham, as an Owners of the Real Estate, and acknowledged the execution of the
foregoing Owner Consent and Joinder in Applications.
WITNESS my hand and Notarial Seal this a ± �A day of �,�� �° , �,� ,� , 2017.
Notary Public
My Commission Expires: L
oFFIGIAL SFJ
KRAE A• WOLF . I
INDIANA
NOTARrhiP ONIcOUNV n2, Printed Name
County of Residence: ��_ My Gramm. Expires July 9.2
EXHIBIT "D"
EXPLANATION OF SPECIAL USE REQUEST
The subject site is approximately 3.93 acres is size, has a common address of 14590 Cherry Tree
Road, Carmel, IN 46033 and is located south of and adjacent to 146t' Street and east of and adjacent to Cherry
Tree Road (the "Real Estate"). The Real Estate is zoned S-1.
The applicant, Imagine and Discover, Inc., dba Rainbow Station ("Rainbow Station") is a
kindergarten/preschool and private school and is seeking Special Use approval pursuant to Chapter 5.02 (B) of
the City of Carmel's Zoning Ordinance to operate its facility on the Real Estate. The use proposed by
Rainbow Station on the Real Estate is classified as a "Special Use" pursuant to the City of Carmel's Zoning
Ordinance/Use Table. Further, per the Zoning Ordinance, Special Use requests are generally viewed and
considered favorable and compatible to residential uses.
In order for Rainbow Station to be permitted to construct its facility and operate on the Real Estate, it
is seeking Special Use approval from the Board of Zoning Appeals, as well as an associated Development
Standards Variance request related to maximum parcel coverage.
Ex. D - Explanation SU request 12.22.17
EXHIBIT "E"
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Imagine and Discover, Inc., dba Rainbow Station
FINDINGS OF FACT — SPECIAL USE
The premises in question is particularly physically suitable for the proposed Special Use because: The
subject site is large, at approximately 3.93 acres in size, and is located south of and adjacent to 146th Street (a
major east/west roadway) and east of Cherry Tree Road. The proposed site plan and landscape plan
incorporate adequate landscaping and buffering to the adjacent residential uses that surround the Real Estate.
The Real Estate is properly served by water, sewer and all necessary utilities and has adequate ingress and
egress to the site. As a result of the foregoing, the subject premises is particularly suitable for the proposed
Special Use.
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: In addition to the information
provided in paragraph #1 above, the applicant's proposed use and site plan is designed to be complimentary
to the surrounding residential uses in terms of the proposed building design, placement, hours of operation
and landscape plantings and buffers.
3. The Special Use will be consistent with social/neighborhood 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: In addition to the information provided in
paragraphs 41 and #2 above, the applicant's proposed use and development is designed to be complimentary
to the surrounding residential uses in terms of the proposed building design, placement, hours of operation
and landscape plantings and buffers. Further, if approved, the Real Estate will be redeveloped in a manner
that will consist of preserving some of the existing landscaping on the site, with additional new landscape
plantings that are proposed. The combination of the existing landscaping that will be preserved and new
landscape plantings to be installed will provide an adequate and appropriate buffer and transition between the
Real Estate and the surrounding residential uses.
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 Real Estate is currently served by
adequate water, sewage and storm drainage facilities, along ith police and fire protection. The proposed
scale of the site development and building design will not have an injurious or adverse impact on the water,
sewage and storm drainage facilities, nor on the police and fire protection services that all currently serve the
site.
The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon
which the Special Use is proposed because: In addition to the information provided in paragraph #1, #2 #3
and #4 above, the Real Estate is currently served by a driveway cutadjacent to Cherry Tree Road. Further,
no driveway cuts are being requested adjacent to 146th Street. The site plan associated with the Special Use
request will utilize the existing driveway location along Cherry Tree Road. The site plan has also been
designed so that access for pick up and drop off of children will be in a circular pattern, providing a
uniform, safe and efficient manner for vehicular access for drop off and pick up of children. As a result of
the foregoing, vehicular and pedestrian traffic in and around the site will not be adversely affected.
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 Board of Zoning Appeals that Special Use
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 26th day of December, 2018.
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).
(BALLOT SHEET) FINDINGS OF FACT - SPECIAL USE
CARMEL BOARD OF ZONING APPEALS
(Petitioner only fills out first 2 blanks)
Docket No. :
Petitioner: Imagine and Discover, Inc., dba Rainbow Station
2.
3.
4.
5.
6.
DATED THIS 26th DAY OF FEBRUARY 2018.
Board Member
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FINDINGS OF FACT - SPECIAL USE
CARMEL BOARD OF ZONING APPEALS
(Petitioner to fill out 1-5)
Docket No.:
Petitioner: Imagine and Discover, Inc., dba Rainbow Station
1. The premises in question is particularly physically suitable for the proposed Special Use because:
See Ex. "E"
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:
See Ex. "E"
3. The Special Use will be consistent with social/neighborhood 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:
See Ex. "E"
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:
See Ex. "E"
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:
See Ex. "E"
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 Board of Zoning Appeals that Special Use 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 26th day of February, 2018.
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on the back;
(Petitioner or his representative to sign).
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