HomeMy WebLinkAboutCorrespondence Lopez, Alexia K
From: John Molitor <jmolitor@prodigy.net>
Sent: Thursday, January 21, 2016 4:29 PM
To: Lopez, Alexia K; Keesling, Rachel M; Barnes, David R; Blanchard, Jim E; Boone, Tiffany; Crediford,
Maggie; Haney, Douglas C; Hollibaugh, Mike P; 'Ilko, Greg';Jordan, Alex; Kashman,Jeremy M;
Kass,Joslyn; Keeling, Adrienne M; Littlejohn, David W; Lux, Pamela K; Maki, Sue; Martin, Candy;
Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Pauley, Christine; Pietrzak, Ross; Schoenherr,
Catherine; Speth, Nichole M; Stewart, Lisa M;Thomas, John G; Worrell,Jeff
Cc: 'Rory O'Bryan'; 'ddeck309@gmail.com'
Subject: Re: Docket No.Assignment: Appeal of Director's Determination, Carmel Dads' Club (#
16010001 A)
To all concerned -- Per Mike Hollibaugh's email message of January 19, this Appeal petition will not be placed on
the Board of Zoning Appeals February agenda, nor on any agenda of the Board until both sides to this controversy
are duly notified and have had an opportunity to consult with the staff.
The same holds true for the related Dads Club variance application, which has been removed from the Board's
January agenda and will also be held in abeyance -- in hopes that both sides will thus have an opportunity to work
toward a consensus on the issues surrounding the Dads Club proposal.
John Molitor
Counsel to the Carmel Board of Zoning Appeals
John R. Molitor
Attorney at Law
9465 Counselors Row, Suite 200
Indianapolis,IN 46240
(317)843-5511
This message is from John R. Molitor, Attorney at Law. This message and any attachments may contain legally
privileged or confidential information, and are intended only for the individual or entity identified above as the
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authorized to read, copy, or distribute this message and any attachments, and I ask that you please delete this
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be copied or distributed without this statement.
On Thursday, January 21, 2016 4:16 PM, "Lopez, Alexia K" <alopez@carmel.in.gov>wrote:
I have issued the necessary BZA Docket Number for Appeal of Director's Determination, Carmel Dads'
Club (A). It is the following:
(A) Docket No. 16010001 A: Appeal of Director's Determination, Carmel Dads' Club Badger Fields.
The applicant seeks to appeal the Director of the Dept. of Community Service's Determination regarding the Carmel Dad's Club
(Mark Badger Fields) and the related variance petition regarding a proposed Air Supported Structure. The site is located at 5459
E. Main Street and is zoned S-1/Residential. Filed by Rory O'Bryan of Harrison Moberly, LLP, on behalf of The Carrington
Woods North Homeowners Association, Inc.
(Rory can be contacted at 317-639-4511 and ROBryan(a�harrisonmoberly.com
1
Lopez, Alexia K
From: Lopez, Alexia K
Sent: Thursday, January 21, 2016 4:16 PM
To: Keesling, Rachel M; Barnes, David R; Blanchard,Jim E; Boone, Tiffany; Crediford, Maggie;
Haney, Douglas C; Hollibaugh, Mike P; 'Ilko, Greg'; 'John Molitor';Jordan, Alex; Kashman,
Jeremy M; Kass,Joslyn; Keeling, Adrienne M; Littlejohn, David W; Lopez, Alexia K; Lux, Pamela
K; Maki, Sue; Martin, Candy; Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Pauley, Christine;
Pietrzak, Ross; Schoenherr, Catherine; Speth, Nichole M; Stewart, Lisa M;Thomas, John G;
Worrell, Jeff
Cc: 'Rory O'Bryan'; 'ddeck309@gmail.com'
Subject: Docket No.Assignment:Appeal of Director's Determination, Carmel Dads' Club (# 16010001 A)
I have issued the necessary BZA Docket Number for Appeal of Director's Determination, Carmel Dads' Club (A). It is the
following:
(A) Docket No. 16010001 A: Appeal of Director's Determination, Carmel Dads' Club Badger Fields.
The applicant seeks to appeal the Director of the Dept. of Community Service's Determination regarding the Carmel Dad's Club
(Mark Badger Fields)and the related variance petition regarding a proposed Air Supported Structure. The site is located at 5459
E. Main Street and is zoned S-1/Residential. Filed by Rory O'Bryan of Harrison Moberly, LLP, on behalf of The Carrington
Woods North Homeowners Association, Inc.
(Rory can be contacted at 317-639-4511 and ROBryanPharrisonmoberly.com
FILING FEES :
Appeal $163.00
Total fee due: $163.00
Petitioner, please note the following:
1. This Item does not need to be on the agenda of the Technical Advisory Committee (TAC).
2. Mailed and Published Public Notice needs to occur no later than January 28,2016. Published notice is also required
within the Noblesville Times. Note:the placement of a public hearing sign on the property &certified mailings are
also required by the BZA Rules of Procedure,Article VI, Section 6 (see application).
3. The Proof of Notice will need to be received by this Department no later than NOON, Wednesday, February 17. Failure
to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Maggie Crediford no later than
NOON, Friday, February 12. Failure to submit Informational Packets by this time will result in the automatic tabling of
the petition.
5. Please include the following in your Information Packets:
a) Page 9—Findings of Fact (ballot sheet—left blank except for Docket No. & Petitioner)
b) Page 10—Findings of Fact(question sheet filled out)
c) Statement of Appeal (explaining what you are asking for)
d) Statement of Support (explaining why this appeal should be granted)
e) Location Map/Site plan/Landscape Plan
f) Illustrations/exhibits showing/explaining the variance request
g) Any other pertinent information for the Board to consider
6. This Item will appear on the Monday, February 22 agenda of the Board of Zoning Appeals Meeting under Public
Hearings at 6:00 p.m. in the Council Chambers.
7. The petitioner will need to provide a Ballot Sheet and 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).
8. 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 to the Monday, March 28, 2016 BZA meeting.
1
9. Please refer to your instruction sheet for more detail.
Petitioner, please complete the following:
1. Please make checks payable to The City of Carmel.
2. Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM. It is suggested to send the
notice to the Noblesville Times newspaper by 11:00 am, two days prior to the printing deadline (765)365-2316 or
legals@thetimes24-7.com).
3. Please provide Proof of Publication email from the Noblesville Times, once you receive it.
4. The notice to the neighbors should be done by certified mail with return receipts(green cards). (Note:The return
receipt is in addition to sending the notice by certified mail. The return receipt is attached to the notice and then the
neighbor must sign it and send it back.) Please provide green signed return receipts from the certified mailings once
you receive them.
5. Please provide a copy of the Official List of Adjacent Property Owners from the Hamilton County Auditor's Office.
6. Please provide filled out and notarized Placement of Public Notice Sign affidavit once the sign is in place (page 8).
7. Provide the filled out Notice of the Public Hearing before the BZA form (page 6).
8. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form (page 7).
9. Additional review comments may be issued from the Planning/Zoning Department in a few weeks.
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
alopez@carmel.in.gov
APlease consider the environment before printing this e-mail
2
HARRISON "` MOBERLYLLP
ATTORNEYS
11611 NORTH MERIDIAN STREET
DOWNTOWN OFFICE:
Rory O'Bryan SUITE 150 10 WEST MARKET ST,STE 700
Partner CARMEL,INDIANA 46032 INDIANAPOLIS, IN 46204
(317)639-4511
(317)574-6057 Direct. FAX(317)574-6055 FAX(317)639-9565
E-mail:robryan@harrisonmoberly.com
0,? 8910
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January 7, 2016 ti
Via Hand Delivery a JMI 7 a0110
Mr. Michael Hollibaugh, Director of Community Services oto DOCS 'u
City of Carmel, Department of Community Services
One Civic Square Ol 6 g 4 95
Carmel, IN 46032
Re: Appeal filed by Carrington Woods North Homeowners Association,Inc., et
al.,of an Administrative Determination Made by the Director of
Community Services, dated December 14, 2015
Dear Mike:
Please accept this letter transmitting an appeal of the Administrative Determination
referenced above(this"Appeal"). Enclosed please find the following:
1. Two (2) copies of Appeal Application, executed by the Applicants, and all exhibits
thereto.
2. Two (2)copies of an aerial map of subject real estate (Carmel Dad's Club property).
3. Two (2)copies of an aerial map of Carrington Woods (the Applicants' property).
4. Two (2) copies of the Administrative Determination, dated December 14, 2015, being
appealed from(also included in the Application).
Per our conversation yesterday, I understand that you will let me know when the Filing
Fee in the sum of$163.00 (payable to the City of Cannel) will be due and payable. Further, it is
my understanding that this appeal will be placed on the Board of Zoning Appeals ("BZA")
Agenda for consideration at its meeting on February 22, 2016.
In addition, this letter also confirms that, in accordance with Section 30.03 of the Carmel
Zoning Ordinance, the filing of this Appeal causes a stay of"all proceedings and work on the
premises upon which the appeal has been filed," including but not limited to any hearing with
respect to the Carmel Dads' Club's application for a Development Standards Variance, Docket
No. 15110003 V. In other words,this Appeal
Because today is more than 45 days prior to the February 22, 2016, BZA hearing on this
Appeal, I will wait until next week to obtain a list of the abutting property owners for purposes
of sending notice of the hearing.
_ 1
' � w
Mr. Michael Hollibaugh
January 7, 2016
Page 2
Finally, I respectfully request that you provide to me, at least thirty (30) days prior to the,
hearing, any and all documentation, including but not limited to any public record, record of
decision or other communication with the Carmel Dads' Club or any other interested persons,
that relates to or supports the responses and conclusions set forth in your December 14, 2015
Administrative Determination letter.
Should you have any questions please do not hesitate to call.
Very truly yours,
Harrison Moberly
By: fc
,
cc: (all via email)
Paul Reis
John Molitor
Douglas Deck
Clint Bucher
Bill Farrell
Gary Hubbard
HARRISON '` MOBERLYLLP
ATTORNEYS
11611 NORTH MERIDIAN STREET
DOWNTOWN OFFICE:
Rory O'Bryan SUITE 150 10 WEST MARKET ST,STE 700
Partner CARMEL,INDIANA 46032 INDIANAPOLIS,IN 46204
(317)639-4511
(317)574-6057 Direct. FAX(317)574-6055 FAX(317)639-9565
E-mail:robryan@harrisonmoberly.com
January 6, 2016
Via Hand Delivery
Mr. Michael Hollibaugh, Director of Community Services
City of Carmel,Department of Community Services
One Civic Square
Cannel, IN 46032
Re: Appeal filed by Carrington Woods North Homeowners Association,Inc., et
al., of an Administrative Determination Made by the Director of
Community Services, dated December 14,2015
Dear Mike:
Please accept this letter transmitting an appeal of the Administrative Determination
referenced above. Enclosed please find the following:
1. Filing Fee Check in the sum of$163.00 made payable to the City of Carmel.
2. 2 copies of Appeal Application and all exhibits thereto.
3. 2 copies of an aerial map of subject real estate.
4. 2 copies of an aerial map of Carrington Woods
5. 2 copies of Administrative Determination dated December 14, 2015 (also included in
the Application).
feb U. (37A�
Based on our prior conversations, my understanding is flat"the request appeal will be
placed on the Board of Zoning Appeals ("BZA") Agenda for consideration. In addition, in
accordance with Section 30.03 of the Carmel Zoning Ordinance, this will confirm that the filing
of this Appeal will stay "all proceedings and work on the premises upon which the appeal has
been filed," including but not limited to any hearing with respect to the Cannel Dads' Club's
application for a Development Standards Variance, Docket No. 15110003 V.
Because it is more than 45 days prior to the BZA hearing on this Appeal, I will wait until
next week to obtain a list of the abutting property owners for purposes of notice of the hearing.
Finally, I respectfully request that you provide to me, at least thirty (30) days prior to the
hearing, any and all documentation, including but not limited to any public record, record of
decision or other communication with the Carmel Dads' Club or any other interested persons,
Mr. Michael Hollibaugh
January 6, 2016
Page 2
that relates to or supports the responses and conclusions set forth in your December 14, 2015
Administrative Determination letter.
Should you have any questions please do not hesitate to call.
Very truly yours,
Harrison Moberly
By:
• P
CITY OF CARIVIEL
JAMES BRAINARD, MAYOR
December 14,2015
Rory O'Bryan
Harrison Moberly, LLP
10 West Market Street,Suite 700
Indianapolis, IN 46204
RE: Carmel Dad's Club—Docket No. 15110003 V
Dear Mr.O'Bryan:
This is in response to your letter dated 24 November 2015 to the Carmel Board of Zoning Appeals(BZA),
and is intended to clarify the position of the Department of Community Services(DOCS)on the
referenced Docket number and the issues you have asked about:
1. The DOCS has communicated to Carmel Dad's Club representatives a cutoff date of Monday,
January 14, 2016 to have issues ironed out with adjoining property owners. If Dad's Club is not able
to achieve that,their petition will be bumped to the full BZA meeting on Monday,January 25, 2015.
2. While I respect your view on this matter, my assessment is that a Special Use Amendment is not
warranted at this time since the primary use of the property does not change, nor does the number
of fields increase beyond the current operation. The BZA's action on the height variance will
ultimately determine the appropriateness of the proposal and compatibility of the improvement
with surrounding property.
3. The Carmel Dad's Club previously made proper legal notice for the Development Standards Variance
hearing originally slated for November 23,2015. That hearing was postponed and notice made to
the full board,as part of the official record,that the hearing was being rescheduled to January 25,
2015. While no additional public notice will be necessary,the City will keep you and the neighbors
updated as to the January 25 BZA hearing date.
4. There are times a project or petition notwarrant full Technical Advisory Committee(TAC)review. In
those situations,all of the TAC members are sent plans with the understanding and expectation that
issues will be communicated and resolved between the petitioner and the various agencies and
entities. The DOCS is made aware when issues are outstanding or not ready to be resolved. 1n
those instances where a full TAC review is not warranted, DOCS coordinates a focused review with
key departments, primarily the City Engineer and Fire Department,to ensure that technical and life-
safety issues are identified,analyzed and resolved. The review process in Carmel is built around
communication and collaboration between Departments; and permit approvals or board of works
approvals are often held until engineering or public safety issues are resolved.
DEPARTMENT Or COMMUNITY SERVICES
ONE CIVIC SQUARE, CARMEL, IN 46032 PRONE 317.571.2417, FAX 317.571,2426
MICHAEL P. 1101.1,1BAMII. DIRECTOR
• M
Rory O'Bryan page 2
RE: Carmel Dad's Club—Docket No. 15110003 V
It is clear this petition will require stormwater management as one of the primary issues-as is
always the case when a proposed improvement involves the introduction of impervious surface. I
am confident the technical review of the submittal by City departments,with input by adjoining
property owners, will result in a thorough analysis of stormwater and other key issues;so that the
result will be an improvement that, if approved by the BZA,will be an asset to this community.
5. As addressed in#2 above,only a Development Standards Variance will be required for this proposal.
It is my hope this letter provides you with a better understanding and addresses any remaining
concerns. Should you find sufficient fault in any of the above that you wish to appeal directly to the
BZA,you may do so within 30 days from date of this letter, pursuant to Chapter 30.0 of the Carmel
Zoning Ordinance.
If you have questions or wish to discuss further any of the above, please do not hesitate to contact me,
via telephone at 317 571 2422,or email;mhollibaugh(acarmel.in.gov.
Yours truly,
//7177/c17.)
Michael Hollibaug-
Director, Dept. ottommunity Services
Copy: file
John Molitor
Paul Reis
47 efi'1E4
HARRISON 4 MOBERLYLLP
ATTORNEYS
10 WEST MARKET STREET
SUITE 700 HAMILTON COUNTY OFFICE:
Rory O'Bryan 11611NoALAkridlanStreet,Suite 15o
Partner INDIANAPOLIS,INDIANA 46204 Cumel,IN 46032
(317)639-1511
Direct(317)574-6057 FAX(317)639-9565 FAX(317)574-6055
E-mail:robryan@harrisonmoberly.com
November 24,2015
Cannel Clay Board of Zoning Appeals
c/o Maggie Crediford,Administrative Agsistant
Cannel City Hall
One Civic Square
Carmel,IN 46032
Re: Development Standards Variance Docket No. 15110003 V
Carmel Dad's Club
5459 E. Main Street, Cannel,IN 46033
Project Name: Air Supported Structure
Ladies and Gentlemen:
I and my law finn have been engaged to represent the interests of several owners of
homes in the Carrington Woods subdivision,located immediately south of the land owned by the
Carmel Dad's Club("CDC")on which the proposed Air Supported Structure would be located.
They are very concerned about the potential impact on their neighborhood of the possible
erection of a 100,000 square foot structure rising to a height of 74 feet. Your decision to remove
the hearing from the November 23,2015 hearing officer agenda was greatly appreciated and, I
believe,entirely appropriate,in order to permit consideration by the full Board of Zoning
Appeals("BZA")and to allow affected residents adequate time to study the characteristics and
evaluate the possible consequences of introducing this very unusual building to the CDC
landscape.
Please confirm our understanding that the matter will be moved to the agenda for the full
BZA meeting on January 26,2015,rather than being heard by a single Heating Officer. With all
due respect,not only does this matter warrant a full BZA hearing, but it simply would be unfair
to burden a single Hearing Officer with consideration of this significant and consegriential matter
under the Alternate Procedures allowed by Section 30.08 of the Carmel Zoning Ordinance and
Article IX of the BZA Rules of Procedure.
More important,I and my clients believe that this project requires the CDC to file an
application and notice for a Special Use or Exception Amendment("Special Use Amend")in
.addition to their variance application. The CDC's land is in an R-1 Zoning District and its
current recreational use is permitted by a Special Exception,which we understand is now
processed and administered like a Special Use. Under Section 21.03 of the Zoning Ordinance,
the BZA is required to examine 25 specific items before approving a Special Exception or a
Carmel Board of Zoning Appeals
November 24,2015
Page 2
Special Use—the virtual equivalent of what is required for DP/ADLS approval. For that reason,
the Planning Department and the BZA normally and rightfully require a Special Use Amend for
any significant expansion, alteration, or addition to improvements located on Special Use or
Exception property.
This historical Planning Department/BZA Special Use Amend policy is mandated by
Section 21.05 of the Ordinance,which states that a Special Use or Exception Expansion of"up to
ten percent(10%)of the gross approved floor area"will not require a Special Use or Special
Exception approval if,among other requirements,"the particular building height,bulk,setback,
yard,parking, etc. requirements are adhered to.... (Emphasis added.) The CDC is seeking a
height variance of at least 39 feet—more than double the"particular building height"
requirement. In addition, the 100,000 square foot structure proposed is at least twice the size of
the floor area of existing improvements on the property. Therefore, it is clear that the CDC's
proposed plan for this air supported structure requires a Special Use Amend.
The requirement of a Special Use Amend allows the BZA to consider whether the special
use,as expanded,remains compatible with its underlying,residential zoning. Moreover,a
Special Use Amend requires compliance with the Technical Advisory Committee ("TAC")
process in advance of the hearing on the Special Use Amend. This, in turn, requires the
petitioner to submit plans with sufficient detail for the County Surveyor, City Engineer and other
TAC representatives to evaluate the impact of the project with respect to items listed in Section
21.03, including storm drainage(and compliance with the new Carmel Storm Water Ordinance),
surrounding zoning and land use,building height, bulk and setbacks,landscaping and buffer
yards, utilities, and so on. A thorough TAC review prior to approval of the CDC's proposed
structure is crucial, considering the serious drainage and aesthetic issues likely to arise from the
proposed Air Supported Structure. Sheet drainage from the fields as they currently exist has
caused flooding in the past in times of heavy rain. The runoff from a sloped fabric roofed
domelike structure will undoubtedly be much more problematic.
For the reasons stated above,the on behalf of my clients,I request confirmation of each
of the following:
1. That the requested variance will be heard by the full BZA at its hearing scheduled for
6:00 PM on Tuesday,January 26,2016,or at a subsequent hearing of the full BZA;
2. That,in addition to and independent of its requested height variance, the CDC also be
required to properly notice and obtain a determination on an application for approval
of a Special Use Amend in order for the CDC to erect the proposed Air Supported
Structure;
3. That the CDC project not be allowed to proceed without compliance with all
applicable notice and other requirements for a Special Use Amend, including
thorough TAC review;
4. That the CDC project be placed on the TAC agenda for a regularly scheduled TAC
meeting occurring before the BZA hearing; and
Carmel Board of Zoning Appeals
November 24,2015
Page 3
5. That the height variance and the Special Use Amend applications not be bifurcated,
but instead both will be heard by the full BZA on the same evening so that the BZA
can more efficiently,in one hearing instead of two hearings,consider as a whole this
rather substantial and consequential matter.
Thank you for taking the time to consider this letter on behalf of residents of Carrington
Woods. Please respond in writing to this letter, specifically addressing requests 1-5 set forth
above and don't hesitate to call or email with any questions or comments. Your assistance is
much appreciated.
Yours very truly, -
HARRISON &MOBERLY, LLP
72
By: �L/IC/ --..
Rory, Bryan
cc: John Molitor
Mark Vollbrecht
Doug Deck