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Conn, Angelina V
From: Conn, Angelina V
Sent: Wednesday, March 15,20061 :03 PM
To: Tingley, Connie S
Cc: 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; 'Calderon, Joseph'
Subject: Docket No. Assignment: (V) Wal-Mart (Gateway Pavilion) (#06030013 V)
Connie,
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Wal-Mart
(Gateway Pavilion). It will be the following:
Docket No. 06030013 V
Total Fee:
$1,016.00
$1,016.00
Wal-Mart (Gateway Pavilion)
The applicant seeks approval for the following development standards variance:
Docket No. 06030013 V ZO Chapter 23C.08.02.B maximum 120-ft BSL
The site is located at 10950 N Michigan Rd and is zoned B-3/Business within the US 421 Overlay.
Filed by Joe Calderon of Bose McKinney & Evans LLP.
-
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. Calderon can be contacted at 684-5331 (phone), 223-0331 (fax) or emaH: jC:;1')IQeCOD@I:>Qsel1')w.c;OIl1 .
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 show/label the Michigan Road right of way. The Engineering Dept. (571-2441) can tell you the distance
from the center of the road.
3.) Provide a copy of the official adjacent property list from the Boone County Auditor, in addition to the Hamilton
County Auditor.
4.) Provide filled out and notarized Affidavit and Petitioner's Public Notice Affidavits (pages 4 & 6 of the
appl ication).
5.) Show/label the 120-ft front building setback line form the Michigan Rd. Right of Way. Also, show/label the
distance of the proposed building from the Michigan Rd right of way.
6.) Provide a copy of the filled out Notice of Public Hearing form (page 5 of the Application).
3/15/2006
Q.)
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RECE\\IED
M~fl1 0 2006
DOCS
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.
() loO~OO\ ~ V
DATE RECEIVED:
~ ~ '0 - O~
1)
Applicant
Address:
Wal-Mart Real Estate Business TrustJWal-Mart Stores East. L.P.
2001 S.E. 10th Street. Bentonville. AR 72716
2)
Project Name: Gatewav Pavilion
Phone:
479-273-4000
Engineer/Architect: Weihe Enaineers. Inc. (David Hostetler) Phone: 846-6611
Attomey: Joseph D. Calderon. Bose McKinney & Evans LLP Phone: 684-5331
3) Applicant's Status: (Check the appropriate response) J Cold.e1(o'{\~ b6>se\CllA.) , to",,-
-1L (a) The applicant's name is on the deed to the property
_ (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: Wal-Mart Stores East. L.P.
Owner's address: 2001 S.E. 10th Street. Bentonville. AR 72716 Phone: 479-273-4000
5) Record of Ownership:
Deed Book No.llnstrument No.
Page:
Purchase date: February 28. 2006
6) Common address of the property involved: 10950 North Michiaan Road
Legal description: See Attached
Tax Map Parcel No.: 17-13-06-00-00-031.000
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 respectfully reauests a variance of Chapter 23C.08.02(B) of the Carmel/Clay Zonina Ordinance to
provide for a sinale use retail development as shown on Site Plan with the principal buildina setback beyond the
maximum front yard of 120 feet for parcels with frontaae on U.S. Hiahway 421.
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8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
The Applicant proposes a sinale use development on approximately 22.43 acres. located partially in Hamilton
County and partially in Boone County. The subiect property is sianificantlv deep and is subiect to two zonina
ordinances and overlay zones. After respondina to numerous comments from both iurisdictions. the site plan
evolved so that no "outlot" could be created. Additionally. because one overlav zone reauires all buildinas to face
Michiaan Road. the 120 ft. maximum front vard. as applied to principal buildinQs. severelv restricts development
by effectively reducina the parkina field to approximately 50 feet of depth. The Applicant proposes to mitiaate the
reauirement bv placina a aazebo buildinQ tied to the pedestrian walkwavs within the 120 foot front yard.
9) Present zoning of the property (give exact classification): B-3 / US L\1, \ OJeV'\~
10) Size of lot/parcel in question: Carmel portion Approximatelv 7.88 (overall tract is 22.43) acres
11) Present use of he property: Undeveloped
12) Describe the proposed use of the property: Wal-Mart SuperCenter on portion of tract in Boone Countv. Accessory
parkina. landscapina. sians and aazebo on Carmel portion of property.
13) Is the property: Owner occupied
Renter occupied
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.
No
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
Summer of 2006
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Wal-Mart Real Estate Business Trust and/orWal-Mart Stores East. L.P.
NOTE: LEGAL NOTICE shall be published in the Indianapolis Star 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. AGAIN, THIS
TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assioned until all supportinQ information has been submitted to
the Department of Community Services.
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CAR~UCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
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 subject property will be better landscaped and provide better pedestrian access than if there were sianificant
development close to Michiaan Road. and the overall desian of the site from a traffic flow/parkina perspective is
enhanced bv the arantina of the variance. Additionallv. the Applicant has proposed a gazebo buildina meetina the
vard reauirement. which will provide the aeneral public with an aestheticallv pleasina view and place to stoP.
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 properties adiacent to the subiect property. which are all zoned B-3. will be well screened by the landscapina
on the subject property. and the subject propertv also provides potential connectivitv to the north and south
adioiners, which will enhance the value of said properties.
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 subiect propertv is narrow (692' -728') and deep (1340' -1570'), and is also subiect to the Town of Zionsville
Michiaan Road Overlav Ordinance. The development standards of the two Overlav Ordinances. (Carmel and
Zionsville). includina the reauirement in the Zionsville Ordinance that all buildinas must face Michiaan Road.
renders it difficult to develop the subiect property with a maximum setback of 120 feet. which is less than 10% of
the depth of the subiect propertv.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay 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/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).
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LEGAL DESCRIPTION
PARCEL I: (Hamilton County Real Estate)
Part of the Southwest Quarter of Section 6, Township 17 North, Range 3 East in Clay
Township, Hamilton County, Indiana, described as follows:
BEGINNING at the intersection of an East-West fence line and the West line of the
Southwest Quarter of Section 6, Township 17 North, Range 3 East, said intersection point
located 636.77 feet South 04 degrees 12 minutes 49 seconds West (assumed bearing)
along the East line of the Southeast Quarter of Section 1, Township 17 North, Range 2
East of Boone County, Indiana, from the Northeast corner of said Southeast Quarter;
thence South 04 degrees 12 minutes 49 seconds West on the West line of said Southwest
Quarter 699.73 feet to the Southwest corner of the real estate described in a Warranty
Deed recorded as Instrument No. 88-23822 in the Office of the Recorder of Hamilton
County, Indiana; thence South 88 degrees 55 minutes 11 seconds East on the Southerly
line of said real estate forming an interior angle of 86 degrees 52 minutes 00 seconds with
the West line of said Southwest Quarter, a distance of 612.45 feet to a point on the
centerline ofU. S. Highway 421 (aka Michigan Road) as now located and improved, said
centerline being on a curve, the radius point of which lies 17188.74 feet North 76 degrees
27 minutes 45 seconds East from said point; thence Northwesterly, curving to the right on
said centerline, an arc distance of 570.47 feet to the point of tangency of said curve at a
point that is 17188.74 feet South 78 degrees 21 minutes 51 seconds West of the radius
point of said curve; thence North 11 degrees 38 minutes 09 seconds West on said
centerline 157.74 feet to a point on the Easterly prolongation of the aforesaid fence line,
said point being the Northeasterly corner of real estate described in a Quitclaim Deed
recorded as Instrument No. 94-30153 in the Office ofthe Recorder of Hamilton County,
Indiana; thence South 89 degrees 44 minutes 20 seconds West along said fence line and
on the Northerly line of said real estate 404.81 feet to the Place of beginning, containing
8.182 acres, more or less.
Subject to the right-of-way of U.S. Highway No. 421 (aka Michigan Road), being fifty
feet by parallel and concentric lines off the entire Easterly side of the above described
8.182 acre parcel of real estate as per the plans for said highway approved by the Indiana
State Highway Commission on October 6, 1930 as F.A. Project No. 221 Section A for the
Indianapolis - Logansport Road and revised February 2, 1931.
Subject to a 20 foot wide permanent sanitary sewer easement granted to the Clay
Township Regional Waste District dated July 21, 1997 and recorded on December 26,
1995 as Instrument Number 9566240 in the Office of the Recorder of Hamilton County,
Indiana.
EXCEPT that portion of the above described 8.182 acre parcel of real estate conveyed to
the State oflndiana by deed dated October 21, 1999 and recorded February 15,2000 as
74744_1.DOC
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LEGAL DESCRIPTION
Page 2
Instrument Number 2000-7274 in the Office ofthe Recorder of Hamilton County,
Indiana, described as follows:
Part of the Southwest Quarter of Section 6, Township 17 North, Range 3 East of the
Second Principal Meridian, Hamilton County, Indiana, described as follows:
Commencing at the Northeast corner of the Southeast Quarter of Section 1, Township 17
North, Range 3 East, Boone County, Indiana; thence South 0 degrees 39 minutes 08
seconds East 1336.50 feet (distance deduced from Instrument No. 95-55474) along the
East line of said Section 1 to the Southern line of the owner's land; thence North 86
degrees 12 minutes 52 seconds East 570.68 feet along said Southern line of the owner's
land to the Western boundary ofU.S.R. 421 and the POINT OF BEGINNING of this
description; thence South 86 degrees 12 minutes 52 seconds West 5.95 feet along said
Southern line; thence Northwesterly 11.79 feet along an arc to the right and having a
radius of 17386.45 feet and subtended by a long chord having a bearing of North 17
degrees 40 minutes 35 seconds West and a length of 11.79 feet; thence North 21 degrees
06 minutes 12 seconds West 330.15 feet; thence North 13 degrees 46 minutes 10 seconds
West 233.15 feet; thence North 12 degrees 19 minutes 24 seconds West 152.60 feet to the
Northern line of the owner's land; thence North 84 degrees 52 minutes 23 seconds East
9.80 feet to the Western boundary of said U.S.R. 421; thence South 15 degrees 48
minutes 20 seconds East 150.51 feet along the boundary of said U.S.R. 421; thence
continuing along said boundary 574.88 feet along an arc to the left and having a radius of
17380.68 feet and subtended by a long chord having a bearing of South 16 degrees 45
minutes 11 seconds East and a length of 574.85 feet to the Point of Beginning.
74744_Looe