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HomeMy WebLinkAboutApplication • CITY OF CARMEL BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FILING FEES: Single Family (Primary Residence) $341.00 for the first variance, plus $103.00 for each additional section of the ordinance being varied. All Other$1,357.00 for the first variance, plus $640.00 for each additional section of the ordinance being varied. (Or, see Hearing Officer Option & Fees.) DOCKET NO. DATE RECEIVED: 11/14/18 1) Applicant: Ascent Hospitality Management Co., LLC Address: 3616 S. Bogan Rd., Suite 201 , Buford, GA 30519 2) Project Name: Aloft and Element Hotels Phone: 317-502-2393 Engineer/Architect: Spiars Engineering LLC Phone: 317-289-5042 Attorney: Nelson & Frankenberger, LLC Phone: Contact Person: Jim Shinaver and Jon Dobosiewicz Phone: 317-844-0106 Email:jims@nf-law.com and jon©nf-law.com 3) 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: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: Phone: 5) Record of Ownership: Deed Book No./Instrument No. 201 7-02572 Page: Purchase date: 1/18/2017 6) Common address of the property involved: 10101 Meridian Street North Legal description: See Ex. D Tax Parcel ID No.: 16-13-11-00-00-015.000; 16-13-11-00-00-016.000 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Unified Development Ordinance that applies and/or creates the need for this request). Set? Fxhihit F - Prnjent Fxplanatinn See Exhibit E- Project Explanation See Exhibit E - Project Explanation 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). See Exhibit F - Findings of Fact See Exhibit F - Findings of Fact Page 1 of 12 Filename:development standards variance application&instructions 2018 Revised 01/02/2018 9) Zoning District classification of property: MC:Meridian Corridor 9a) Overlay Zone of property(if applicable): 10) Size of lot/parcel in question:5.35+1- acres 11) Present use of the property: Vacant 12) Describe the proposed use of the property: Multi-Tenant building consisting of two attached hotels sharing common space. 13) Is the property: Owner occupied Renter occupied Other 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, instrument no., decision rendered and pertinent explanation. no 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: no Builder: 16) If proposed appeal is granted, when will the work commence? Upon Plat and Construction Plan Approval 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Ascent Hospitality Management Co.,LLC and/or its successors,assignees,or grantees NOTE: LEGAL NOTICE shall be published in the newspaper according to the Chart on page 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. 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: Date: See Ex.B 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 Unified Development Ordinance and/or the legal advice of his/her attorney. Page 2 of 12 Filename:development standards variance application&instructions 2018 Revised 01/02/2018 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. Signed Name: (Property Owner, Attorney, or Power of Attorney) Printed Name: See Ex. B STATE OF INDIANA SS: County of Before me the undersigned, a Notary Public (County in which notarization takes place) for County, State of Indiana, personally appeared (Notary Public's county of residence) and acknowledge the execution of the foregoing instrument (Property Owner, Attorney, or Power of Attorney) this day of , 20 Notary Public--Signature (SEAL) Notary Public—Printed Name My commission expires: Page 3 of 12 Filename:development standards variance application&instructions 2018 Revised 01/02/2018 CARMEL ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana Docket No.: Petitioner Ascent Hospitality Management Co., LLC 1. 2. 3. DATED THIS DAY OF , 20 Board Member Page 10 of 12 Filename:development standards variance application&instructions 2018 Revised 01/02/2018 CARMEL ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE Docket No.: Petitioner Ascent Hospitality Management Co., LLC 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: See attached sheet See attached sheet See attached sheet 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: See attached sheet See attached sheet See attached sheet 3. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: See attached sheet See attached sheet See attached sheet DECISION It is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards 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 Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on back; Petitioner or representative to sign. Page 11 of 12 Filename:development standards variance application&instructions 2018 Revised 01/02/2018 EXHIBIT "A" Contact Information 1. Applicant: Parcel Numbers: 16-13-11-00-00-015.000; and 16-13-11-00-00-016.000 (collectively the "Real Estate") Ascent Hospitality Management Co., LLC do Nash Patel 3616 S. Bogan Rd. Suite 201 Buford, GA 30519 Phone: (317)502-2393 Email: ypatel@indy.rr.com 2. Owner: MMW Corporation c/o E. Davis Coots 3526 E. Carmel Dr., Carmel, IN 46033 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: Spiars Engineering LLC do Rusty Spires, PE 650 Eagle Creek Circle Zionsville, IN 46077 Phone: (317)289-5042 Email: spiresr@yahoo.com 5. Architect: CSO Architects, Inc. do Mark Eriksson,RA 8831 Keystone Crossing Indianapolis, IN 46240 Phone: (317) 848-7800 Email: MEriksson@CSOinc.net EXHIBIT"B" •A PLICANT CONSENT TO AND JOINDER IN APPLICATION Aok The undersigned, Ascent Hospitality Management Co., L.L.C., is the Applicant as it relates to parcels of real estate that are identified per the records of the Hamilton County, Indiana Auditor's Office as Tax Parcel Identification Numbers 16-13-11-00-00-016.000 and 16-13-11-00-00-015.000 (collectively referred to as the "Real Estate"). The Applicant is seeking approvals from the City of Cannel Plan Commission and City of Cannel Board of Zoning Appeals pertaining to the Real Estate (collectively the"Application"). In addition,if the Applicant 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 the Applicant pertaining to the development of the Real Estate for a hotel. The Applicant further authorizes its employees, engineers, land planners, attorneys,attorneys' employees and agents,as follows: 1. To file with respect to the Real Estate the Application with the City of Carmel Plan Commission and Board of Zoning Appeals; 2. To pursue the approval of the Application and Other Approvals before the City of Carmel Plan Commission,Board of Zoning Appeals and any other bodies or agencies, as such may be required; and, 3. To act on behalf of the Applicant with regard to the Application and Other Approvals. "Applicant" Ascent Hospitality Management Co. L.L.C. By: Name: / A$ -( P-ITJ L._ Title: C E r� Date: 7 l,1 8 STATE OF IY)Ctilg►Q., ) � n SS: COUNTY OF l u�Y`1 Before a the undersigned, a Notary Public, in and for said County and State, personally appeared (name), as _ C� D (title) on behalf of Ascent Hospitality Management Co., L.L.C., as the Applicant and acknowledged the execution of the foregoing Applicant's Consent and Joinder in Applications. WITNESS my hand and Notarial Seal this day of 02 ' ' ,201: 01° AA No 'ublic My Commission Expires: / Rig hp611I3 ,2. 2L C g 1 ) Printed Name e: l County of Residenci 11()N JESSICA CHRISTINE VAUGMT I Notary Public-Seal Marion County•State of Indiana Commission Number 712410 My Commission Expires Apr 13.2026 EXHIBIT"C" OWNER'S CONSENT TO AND JOINDER IN APPLICATION The undersigned, M M W Corporation, ("MMW"), is the Owner as it relates to the parcels of real estate that are identified per the records of the Hamilton County, Indiana Auditor's Office as Tax Parcel Identification Numbers 16-13- 11-00-00-016.000 and 16-13-11-00-00-015.000(collectively referred to as the"Real Estate"). MMW hereby consents to, authorizes and joins in the filing of applications by Ascent Hospitality Management Co., L.L.C. ("Ascent") seeking approvals from the City of Carmel Plan Commission and City of Carmel Board of Zoning Appeals pertaining to the Real Estate(collectively the"Application"). In addition, if Ascent determines that other approvals may be required or deemed necessary (collectively the "Other Approvals") in order to develop the Real Estate for hotel, the foregoing Consent and Joinder in Application shall apply to the Application and for any Other Approvals sought by Ascent pertaining to the development of the Real Estate. MMW also authorizes Ascent and its employees, engineers, land planners, attorneys, attorneys' employees and agents,as follows: 1. To file with respect to the Real Estate the Application with the City of Carmel Plan Commission and Board of Zoning Appeals; 2. To pursue the approval of the Application and Other Approvals before the City of Carmel Plan Commission and Board of Zoning Appeals and any other bodies or agencies, as such may be required; and, 3. To act on behalf of Ascent with regard to the Application and Other Approvals. "OWNER" M M W Corporation r� By: /PG'.;r-C-6 L4 Name: r , SZ05 .4-:rzr Title: "471v,..i/o.-7 Date: 51/i 7 /f STATE OF %J(1. a _ ) ) SS: COUNTY OF -C.Z/w�Fs \AP--- ) Before me the undersigned, a Notary Public, in and for said County and State, personally appeared . c .j -S (name), as .04kt�r\ (title)on behalf of M M W Corporation as the Owner,and acknowledged the execution of the foregoing Owner's Consent and Joinder in Applications. WITNESS my hand and Notarial Seal this \ 7*'' day of F)�gx'�" ,2018. ( GONNA J SCNl1{.ER 1 Seal N tary Public My Commission Expires: 4 Notary Public-State of Indiana Namilton County Y Cotnmiaalon Expires On 8.2024 nted Name County of Residence: Exhibit"D" Legal Description PART OF THE SOUTWEST CORNER OF SECTION 11, TOWNSHIP 17 NORTH, RANGE 3 EAST, LOCATED IN CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, BEING PARTICULARLY DESCIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 11 , TOWNSHIP 17 NORTH, RANGE 3 EAST; THENCE ON THE EAST LINE OF SAID SOUTHWEST QUARTER SOUTH 00 DEGREES 12 MINUTES 16 SECONDS WEST (ASSUMING BEARINGS) 667.64 FEET; THENCE SOUTH 89 DEGREES 31 MINUTES 01 SECONDS WEST 85.50 FEET; THENCE NORTH 33 DEGREES 40 MINUTES 00 SECONDS WEST 169.25 FEET; THENCE NORTH 22 DEGREES 08 MINUTES 30 SECONDS WEST 149.20 FEET; THENCE NORTH 22 DEGREES 08 MINUTES 30 SECONDS WEST 142.79 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE ON SAID NORTH LINE NORTH 89 DEGREES 22 MINUTES 58 SECONDS EAST 494.69 FEET TO THE POINT OF THE BEGINNING, CONTAINING 4.81 ACRES, MORE OR LESS. EXHIBIT "E" Aloft and Element Hotels Additional Development Standards Variance Project Description Ascent Hospitality Management Co.,LLC ("Ascent") is the applicant concerning two (2)parcels of real estate having a common address of 10101 Meridian Street North, Indianapolis, IN 46280 and identified as parcels 16-13-11-00-00-015.000 and 16-13-11-00-00-016.000 with the Hamilton County Auditor's Office(collectively,the"Real Estate")zoned MC: Meridian Corridor. Ascent previously filed for three (3) variance requests, ADLS approval, and Development Plan approval.Ascent withdraws the following variance request: 1. UDO Section 5.48(I)(4)—Monument Ground Sign Height from 6' to 10' Further, after the initial review from the City of Carmel Staff, Ascent is seeking the following additional development standards variances from the City of Carmel's Unified Development Ordinance ("UDO"): 1. UDO Section 5.07(C)(2) — Reduction in the Meridian Corridor Architectural Standards Ground Floor Façade 60%clear glazing requirement to permit the glazing as shown on the building elevations. 2. UDO Section 5.07(D)(3) — Meridian Corridor Architectural Standards Massing requirements shall apply as shown on the site plan. 3. UDO Section 5.07(E)(1)—Meridian Corridor Architectural Standards Stepback requirement shall not apply. 4. UDO Section 5.39(I)(2)(b) — Wall Signage requirements for a Multi-Tenant Multi-Level Office Building shall apply to the proposed building. These four (4) additional variance requests will accompany the two (2) previously filed variance requests: 1. UDO Section 2.40 — Front Yard Setback requirement from 50' to 24' along US Highway 31. 2. UDO Section 5.39(E)(6)—To allow a sign above the cornice. Exhibit"F" Findings of Fact CARMEL ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE Requested Variance: The applicant is seeking the following variances: 1. UDO Section 5.07(C)(2) — Reduction in the Meridian Corridor Architectural Standards Ground Floor Façade 60% clear glazing requirement to permit the glazing as shown on the building elevations. 2. UDO Section 5.07(D)(3) — Meridian Corridor Architectural Standards Massing requirements shall apply as shown on the site plan. 3. UDO Section 5.07(E)(1)—Meridian Corridor Architectural Standards Stepback requirement shall not apply. 4. UDO Section 5.39(I)(2)(b) — Wall Signage requirements for a Multi-Tenant Multi-Level Office Building shall apply to the proposed building. FINDINGS OF FACT 1. The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because the requested variances would allow the construction of a duel branded hotel on real estate bounded on the south and west by a major interstate interchange and commercial and medical uses to the east and south. The proposed duel branded hotel will be architecturally attractive, and its use will be harmonious and consistent with the uses in the adjacent areas. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The use and value of the area adjacent to the real estate that is the subject of the requested variance will not be affected in a substantially adverse manner because the proposed hotel use would be complimentary and consistent with the uses in the area around the site. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Due to limitations associated with the real estate, the site cannot be meaningfully developed without the requested variances. Mt ... _ _ _ . _ „... . ,lif , . ..1'.' ' '1 r .., i_ , .... ...... , . ill . .,. .1 1 i cc ._ :. : . i '�� a v. .a•h Gre2en . ., v .. On The M Ds n rill leu:"r... > II Tt - , 9 a v i '". , i i .t ., • li. .- 1`=-A- n pQry5y1V8Y1n•' A./Ville 0 ' " ..moiIly , , . .. ilt . _ L ..•• ,, .... , . ., ,.\ .„, „ , ,, _._ i_fb;;;;;: ., ,,,. ,.. ._.: . , S , \ s.......„ . . „ , . . ..,..,.... ,.. , . _. -------._:__- 741 'Is. tate 465 _ --"B-- e _ --- 111111111klillillibib-- ,_!1 . . M N. NORTH Aloft and Element Hotels Site Location Map / Aerial Photograph . _ ,..., ' ••-: 1..7 ' ,..1 i;' . 01 r, k. I L.,... .1 • .. ... ,:....r. .:: 000010, . _ ... I - r ...,; — :-• ' ' VOI!..S.7 I 10,11141.iii. - - r- _ . _ _, (....°. r_ OlrullflP"rIhm , ..- • _ r.,..e.,-,,,--..... ..._ ,- . 00,4,..7..,,,,,_,L A 101:2:i a" kv '1(1AI Strebtwill Al 444,,IKIIINIT i' r., r 11_:.,-: 1 !•; 1 -• - t '-iir ,•. C J.; - . . , - . ..i r9 , ...r ._., cc '..- ..7:1 %. ,;1 (1) •;,.--.. .-, g: F:',A' !,',II el - - ..f: ..: . ....... . .., ;;,:51' as •-.1i ' Jfj _ , ,;,• , ------. - .••• • ......- •-. .... .. 7:-.3. Ciii 1 . : .. _ .. — , — - B / IA=k ItlYLV• •-s •- '.;.+4 •7-) ."7# - , i.:,-.-• r'. . • . '':..-4 • , . it.4.1 • 1 . Led ' ' •...: .. # . 1,1 •," . ,_ L 1‘.,-.0,.. .4,1 Interstate 465-7,9 T:: ,. .4._ .: I.71. L ki. :..•_: tr. '",---.1 I :1'7'1-1, -....e.a. ---t--",,...7:-----....--,-,,, • . NORTH . , . Aloft and Element Hotels Zoning Map 9/13/2018 https://secure2.hamiltoncounty.in.gov/propertyreports/reports.aspx?parcel=1613110000015000&tab=currentownership 10101 Meridian St N Parcel#: 16-13-11-00-00-015.000 HAMILTON COUNTY State#:29-13-11-000-015.000-018 Current Owner as of September 12,2018 This information is updated 5 times a week. PROPERTY ADDRESS: DEEDED OWNER SUMMARY INFORMATION: 10101 Meridian St N M M W Corporation Parcel Number: 16-13-11-00-00-015.000 Indianapolis,IN 46280 3526 E Carmel Dr State Parcel Number:29-13-11-000-015.000-018 Carmel.IN 46033 Legal Description: Acreage 1.57 Section 11.Township 17,Range 3 Section/Township/Range: 11/17/3 Subdivision Name: Not Available Subdivision Section: Not Available Deeded Acres: 1.57 Political Township: Clay Lot Number(s): Not Available Last Recorded Date: 1/18/2017 Disclaimer:This program allows you to view and print certain public records.Each section reflects information as of a specific date:so the information provided in different sections or reports may not match.All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy.It may not reflect the current information pertaining to the property of interest. https://secure2.hamiltoncounty.in.gov/propertyreports/reports.aspx?parcel=1613110000015000&tab=currentownership 1/1 9/13/2018 https://secure2.hamiltoncounty.in.gov/propertyreports/reports.aspx?parcel=1613110000016000&tab=currentownership 10101 Meridian St N Parcel#: 16-13-11-00-00-016.000 HAMILTON COUNTY State#:29-13-11-000-016.000-018 INDIAN Current Owner as of September 12,2018 This information is updated 5 times a week. PROPERTY ADDRESS: DEEDED OWNER SUMMARY INFORMATION: 10101 Meridian St N M M W Corporation Parcel Number: 16-13-11-00-00-016.000 Indianapolis,IN 46280 3526 E Carmel Dr State Parcel Number:29-13-11-000-016.000-018 Carmel,IN 46033 Legal Description: Acreage 3.78 Section 11,Township 17,Range 3 Section/Township/Range: 11/17/3 Subdivision Name: Not Available Subdivision Section: Not Available Deeded Acres: 3.78 Political Township: Clay Lot Number(s): Not Available Last Recorded Date: 1/18/2017 Disclaimer:This program allows you to view and print certain public records.Each section reflects Information as of a specific date:so the information provided in different sections or reports may not match.All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy.It may not reflect the current information pertaining to the property of interest. https://secure2.hamiltoncounty.in.gov/propertyreports/reports.aspx?parcel=1613110000016000&tab=currentownership 1/1