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Conn, Angelina V
Sent:
To:
From: Conn, Angelina V
Thursday, March 16, 2006 3:25 PM
Tingley, Connie S
Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona
B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; Holmes,
Christine B; Blanchard, Jim E; 'jmolitor@prodigy.net'; Duncan, Gary R; 'preis@boselaw.com';
'preis@drewrysimmons.com'
Subject: Docket No. Assignment: (V) Old Meridian Professional Building (Pinnacle Pointe) (#06030019-20 V)
Cc:
Connie,
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) Old
Meridian Professional Building (Pinnacle Pointe). They will be the following:
Docket No. 06030019 V
Docket No. 06030020 V
Total Fee:
$1,016.00
$481.00
$1,497.00
Old Meridian Professional Building (Pinnacle Pointe)
The applicant seeks approval for the following development standards variances:
Docket No. 06030019 V ZO Chapter 23B.08.01 build.to line
Docket No. 06030020 V ZO Chapter 23B.10.02.B(1) planting strip
The site is located at 12065 Old Meridian Street and is zoned B-6/Business within the US 31 Overlay.
Filed by Paul Reis of Bose McKinney & Evans LLP.
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Petitioner, please note the following:
1. This Item will not appear on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, March 30. Published notice
is required within the Indianapolis Star. Note: the Regular BZA meeting will begin at 6 pm in the Council
Chambers.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, April 21,
2006. Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley
no later than NOON. Friday, April 14, 2006. Failure to submit Informational Packets by this time will result in
the automatic tabling of the petition to the May 22 agenda of the BZA.
5. This Item will appear on the April 24, 2006 agenda of the Board of Zoning Appeals under Public
Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of
the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date
(Sheet 7). Ballot sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Mr. Reis can be contacted at 684-5369 (phone), 684-5300 (fax) or email: p[E:')is@bQ$eJaW.cQr11 .
Petitioner: please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. It is suggested to send
the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317-444-7163 or
email: publicnotices@indystar.com).
2.) Please make checks payable to the City of Carmel.
3.) Provide a copy of the official adjacent property list from the Hamilton County Auditor.
4.) Provide filled out and notarized Petitioner's Public Notice Affidavit (page 6 of the application).
5.) Provide a site plan, location map, and landscape plan. Show/label what the ordinance requires vs. what you
are proposing.
6.) Provide a copy of the filled out Notice of Public Hearing form (page 5 of the Application).
3/1612006
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Pinnacle Pointe Medical Bldg at 12065 Old Meridian Street. Zoned B-6/US 31 Overlay
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each additional section
of the ordinance being varied.
All Other $1,016.00 for the first variance, plus $481.00 for each additional section of the ordinance
being varied. OR see Hearing Officer Fees
DOCKET NO. D\ot)~OO\q \l
DATE RECEIVED:
1) Applicant: Allen Commercial Group
Address: 489 South State Road 135, Suite C, Greenwood, Indiana 46142
2)
Project Name: Pinnacle Pointe Medical Building
Phone:882-7850
Engineer/Architect: DeBoy Land Development Services
Phone:770-1801
Attorney: Paul G. Reis, Esq. (preis@boselaw.com) Phone: 684-5369
Bose McKinney & Evans, LLP, 600 E. 96th Street, Suite 500, Indianapolis, IN 46240684-5300
3) Applicant's Status: (Check the appropriate response)
(a) The applicants name is on the deed to the property
X (b) The applicant is the contract purchaser of the property
_ (c) Other: Applicant is prospective tenant.
4) Ifltern 3) (c) is checked, please complete the following:
Owner of the property involved: John and Lowell Kirk
Owner's address: 12345 N. Meridian Street, CarmeL Indiana 46032
5) Record of Ownership:
Deed Book No/instrument
Page: Purchase date: June 20, 2003
6) Common address of the property involved: 12065 Old Meridian Street
Legal description: See Exhibit "A"
Tax Map Parcel No.: 17-09-35-00-00-013.000
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7) State explanation of requested Development Standards 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
request).
Applicant is requesting development standards variance to:
Allow the building to be located on the right of way line of Old Meridian Street. This is a variance from
Section 23B.08.01 which requires that the building be located 20 feet from the right-of-way line of
Pennsylvania Street.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached
question sheet entitled "Findings of Fact-Development Standards Variance"). .
The variance will allow for the development of this site to be consistent with the new urban principles
of the adiacent Old Meridian District. meet the parking requirements of the two medical groups that are
relocating into the building and provide the necessary right-of-way for the improvement of
Pennsylvania Street.
9) Present zoning of the property (give exact classification): B-6. U.S. 31 Overlay Zone
10) Size of lot/parcel in question:~ acres
11) Present use of the property. vacant
12) Describe the proposed use of the property: Medical offices for two doctor groups
13) Is the property: Owner occupied:
Renter occupied: x - upon completion of building
Other:
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 forth specific purpose of this application? Ify'es, give
date and docket number, decision rendered arid pertinent explanation.
None
15) Has work for which this application is being filed already started? NO If answer is yes, give details:
Building Permit Number: N/ A Builder: N/ A
16) If proposed appeal is granted, when will the work commence?
as soon as possible.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which
this application has been filed? .
Allen Commercial Group and two physician groups
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AFFIDA VIT
I, hereby swear that I am the attorney for the Allen Commercial Group, the 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.
Signed:
STATE OF INDIANA
SS:
COUNTY OF MARION
Before me the undersigned, a Notary Public for Marion County, State of Indiana, 0: personally
appeared Paul G. Reis, and acknowledge the execution of the foregoing instrument this 9th'day of
March, 2006.
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My commission expires:
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CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Allen Commercial Group
PROPOSED FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
The variance will promote needed redevelopment of a key parcel servingas a gateway into the Old
Meridan District which will benefit the community without iniury to the public health, safety, morals or
general welfare of the community.
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:
Neither the variance nor the proposed development will in any way be adverse to the use and value of
the adiacent area.
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:
The location ofthe site at the intersection of Old Meridian Street and Pennyslvania Streets and the
reconstruction of Old Meridian and Pennsylvania Streets makes development of the site within the
requirements of the developmental standards of the U.S. 31 Overlay zone impractical leaving a vacant
site at the gateway to the Old Meridian Redevelopment District.
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EXHIBIT A
PINNACLE POINTE MEDICAL BUILDING
LEGAL DESCRIPTION OF SITE
A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 18 NORTH, RANGE 3 EAST,
AS FOLLOWS:
BEGINNING 59 RODS 13 AND 1/2 FEET NORTH OF THE SOUTHWEST CORNER OF SAID
QUARTER SECTION; THENCE NORTH 327 FEET; THENCE WEST 207 FEET TO. THE CENTER
OF A CEMENT ROAD; THENCE SOUTHWESTERLY ON SAID ROAD 407 FEET; THENCE
EAST436 FEET TO THE PLACE OF BEGINNING, IN CLAY TOWNSHIP, HAMILTON COUNTY,
INDIANA .
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CITY OF CARMEL - CLAY TOWNSHIP
HAMIL TON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each additional section
of the ordinance being varied.
All Other $1,016.00 for the first variance, plus $481.00 for each additional section of the ordinance
being varied. OR see Hearing Officer Fees
DOCKET NO.
(()) ~ 0 '? c)o '20 v'
DATE RECEIVED:
1) Applicant: Allen Commercial Group
Address: 489 South State Road 135. Suite C. Greenwood. Indiana 46142
2)
Project Name: Pinnacle Pointe Medical Building
Phone:882-7850
Engineer/Architect: DeBoy Land Development Services
Phone: 770-180 1
Attorney: Paul G. Reis. Esq. (preis@boselaw.com) Phone: 684-5369
Bose McKinney & Evans. LLP. 600 E. 96th Street. Suite 500. Indianapolis. IN 46240684-5300
3) Applicant's Status: (Check the appropriate response)
(a) The applicants name is on the deed to the property
X (b) The applicant is the contract purchaser of the property
_ (c) Other: Applicant is prospective tenant.
6)
4) If Item 3) (c) is checked, please complete the following:
Owner ofthe property involved: John and Lowell Kirk
Owner's address: 12345 N. Meridian Street. Carmel. Indiana 46032
5) Record of Ownership:
Deed Book No/instrument
Page: Purchase date: June 20. 2003
Common address ofthe property involved: 12065 Old Meridian Street
Legal description: See Exhibit "A"
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Tax Map Parcel No.: 17-09-35-00-00-013.000
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State explanation of requested Development Standards 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
request).
Applicant is requesting development standards variance to:
Locate the required 10 foot planting strip along Old Meridian Street within the right of way of Old
Meridian Street and reduce the width of the 10 foot planting strip along Pennsylvania Street from 10 feet
to 5 feet for a portion ofthe ~trip. This is a variance from Section 23B.l 0.02B.(l). .
State reasons supporting the Development Standards Variance: (Additionally, complete the attached
question sheet entitled "Findings of Fact-Development Standards Variance").
The variance will allow for the development of this site to be consistent with the new urban principles
of the adiacent Old Meridian District. meet the parking requirements of the two medi~al groups that are
relocating into the building and provide the necessary right-of-way for the improvement of
Pennsylvania Street.
Present zoning of the property (give exact classification): B-6, U.S. 31 Overlay Zone
Size oflot/parcel in question: 1.38 acres
Present use of the property. vacant
Describe the proposed use of the property: Medical offices for two doctor groups
Is the property: Owner occupied:
Renter occupied: x - upon completion of building
Other:
Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in cOl1!lection with
this property that would relate or affect its use forth specific purpose of this application? If yes, give
date and docket number, decision rendered arid pertinent explanation.
None
15) Has work for which this application is being filed already started? NO If answer is yes, gf~e details:
Building Permit Number: N/ A Builder: N/ A
16) If proposed appeal is granted, when will the work commence?
as soon as possible.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which
this application has been filed?
Allen Commercial Group and two physician groups
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AFFIDAVIT
I, hereby swear that I am the attorney for the Allen Commercial Group, the 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.
Signed:
'f)
Date
n Commercial Group
STATE OF INDIANA
SS:
COUNTY OF MARION
Before me the undersigned, a Notary Public for Marion County, State of Indiana, personally
appeared Paul G. Reis, and acknowledge the execution of the foregoing instrument this 9th-day of
March, 2006.
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My commission expires:
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CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Allen Commercial Group
PROPOSED FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
The variance will promote needed redevelopment of a key parcel servingas a gateway into the Old
Meridan District which will benefit the community without iniury to the public health, safety, morals or
general welfare ofthe community.
2. The use and value of the area adjacent to the property included in the variance will not b~ .affected in a
substantially adverse manner because:
Neither the variance nor the proposed development will in any way be adverse to the use and value of
the adiacent area.
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:
The location of the site at the intersection of Old Meridian Street and Pennyslvania Streets'.and the
reconstruction of Old Meridian and Pennsylvania Streets makes development of the site within the
requirements of the developmental standards of the U.S. 31 Overlay zone impractical leaving a vacant
site at the gateway to the Old Meridian Redevelopment District.
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EXHIBIT A
PINNACLE POINTE MEDICAL BUILDING
LEGAL DESCRIPTION OF SITE
A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 18 NORTH, RANGE 3 EAST,
AS FOLLOWS:
BEGINNING 59 RODS 13 AND 1/2 FEET NORTH OF THE SOUTHWEST CORNER OF SAID
QUARTER SECTION; THENCE NORTH 327 FEET; THENCE WEST 207 FEET TO THE CENTER
OF A CEMENT ROAD; THENCE SOUTHWESTERLY ON SAID ROAD 407 FEET; THENCE
EAST436 FEET TO THE PLACE OF BEGINNING, IN CLAY TOWNSHIP, HAMILTON COUNTY,
INDIANA
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