HomeMy WebLinkAboutDept Notes & Support Info CITY OF CARMEL ZONING ORDINANCE
USE,NONCONFORMING ILLEGAL. A Use of a Building,land or premises existing at the time of the passage of this
ordinance which does not conform to all of the applicable provisions of this ordinance nor those of any
ordinance superseded by this ordinance.
USE, NONCONFORMING LEGAL. A Use of a Building, land or premises existing at the time of the passage of this
ordinance which does not conform to all of the applicable provisions of this ordinance but did conform to
applicable provisions of any ordinance superseded by this ordinance.
USE,TEMPORARY. Short-term or seasonal uses which may be associated with construction projects or which intend to
sell or promote specific merchandise or products and shall include,but not be limited to, special events,outdoor
displays,outdoor seasonal sales,temporary construction facilities,residential model homes,and temporary sales
offices.
UTILITY POLE. A structure(other than a Wireless Support Structure or Electrical Transmission Tower)that is:
1. Owned or owned or operated by a public utility, a communications service provider, a political
subdivision,an electric membership corporation,or a rural electric cooperative;and
2. Designed and used to carry lines, cables, or wires for telephony, cable television, or electricity, or to
provide lighting.
V
VARIANCE. A modification of the specific requirements of this ordinance granted by the Board in accordance with the
terms of this ordinance for the purpose of assuring that no property,because of special circumstances applicable
to it,shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.
VEHICLE SIGN. See SIGN, VEHICLE.
VEHICLE, COMMERCIAL. Any vehicle used to generate income, and which, by appearance, is anything other than
usual and customary personal family transportation. These may include school buses, buses used for public
transportation, limousines, stake body trucks, trucks or tractors having dual rear wheels and more than two (2)
axles, semi-trailer tractors, semi-trailers and trailers having an overall length of more than twelve (12) feet.
Vehicles and trailers used for the transport of livestock or goods associated with and located upon the premises
of a property used for fanning or grazing shall not be construed as to meet the definition of a commercial
vehicle.
VEHICLE,MOTOR An automobile,truck,motorcycle,Mobile Home or any other vehicle propelled or driven otherwise
than by muscular power.
VEHICLE,RECREATIONAL. A vehicle which is:
1.built on a single chassis;
2.four hundred(400)square feet or less when measured at the largest horizontal projections;
3.designed to be self-propelled or permanently towable by a light-duty truck;and
4.designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or
seasonal use, including but not limited to travel trailers, camping trailers, truck campers, motor homes, boats
and boat trailers.
VETERINARY HOSPITAL WITH KENNEL. See HOSPITAL, VETERINARY WITH KENNEL.
VETERINARY HOSPITAL WITHOUT KENNEL. See HOSPITAL, VETERINARY WITHOUT KENNEL.
VIBRATION. Oscillatory motion transmitted through the ground.
VISIBLE LIGHT SOURCE. Neon,LED or any other lighting types that may be seen through a clear or translucent glass
covering that may or may not be tinted/colored. The lighting source may also be directly exposed with no
covering other than the casing around the light source.
Chapter 3:Definitions
3-34
last amended per Z-623-17 -
Spring 2017 v 1
CITY OF CARMEL ZONING ORDINANCE
once a minute during the period of observation. Each reading is then multiplied by the time in minutes during
which it is observed. The various products are then added together to give the total number of smoke units
observed during the entire observation period.
SOIL MAP. A National Cooperative Soil Survey prepared by U.S.D.A. Soil Conservation Service in cooperation with
Purdue Experiment Station and the Hamilton County Soil and Water Conservation District, showing soil types
and composition of their locations.
SOIL VOLUME REPLACEMENT TECHNOLOGIES. The use of advanced technologies for ameliorating site
limitations to improve plant growth and development.Examples:CU-Structural Soil TM,DeepRoot Silva Cell TM
SORORITY. See CLUB OR LODGE, PRIVATE.
SORORITY, FRATERNITY, OR STUDENT COOPERATIVE. A Building providing sleeping and living
accommodations for a number of usually unrelated persons and usually associated with an educational
Institution.
SPANDREL PANEL. An opaque rectangular or triangular wall panel area in a façade filling the space between
architectural elements,usually above and below windows or between building expansion joints.
SPECIAL EVENT,OUTDOOR. Short-term cultural,community and entertainment events that take place outdoors shall
be considered special events, including but not limited to fund-raising activities by not-for-profit organizations,
car washes,walks,runs and bike events,concerts,or festivals.
SPECIAL EXCEPTION. Permission for a conditional use of land which is granted because certain conditions will be
met. The ordinance specifies what these Uses may be. (See Chapter 21).
STADIUM OR COLISEUM. An amphitheater, large theater or other such facility used for public meetings, sports,
exhibitions,etc.
STATION,AUTOMOBILE FILLING. Any place of business with pumps and underground storage tanks, having as its
purpose the selling of motor vehicle fuels and lubricants at retail.
STATION, AUTOMOBILE SERVICE. Any place of business with or without pumps and underground storage tanks
having as its purpose the retail servicing of Motor Vehicles with fuels and lubricants, including minor repairs
and inspections incidental thereto but not including a general repair shop, paint or body shop, machine shop,
vulcanizing shop or any operation requiring the removal or installation of a radiator, engine, cylinder head,
crankcase,transmission, differential, fender, door, bumper, grill, glass or other body part, or anybody repairing
or painting. May include Automobile Filling Stations.
STATION, MOTOR BUS OR RAILROAD. Improvements and facilities at selected points along motor bus or railroad
routes for passenger pickup, drop off, and waiting. Facilities and improvements may include shelters, benches,
signs, structures, and other improvements to provide security, protection from weather, and access to nearby
services.
STORAGE. The existence of any stock, vehicles, equipment or materials enclosed or unenclosed for a period of more
than seventy-two (72) hours and not for retail or wholesale display or sale, including the utilization or
manufacture of explosive materials(not including explosive products),and flammable liquids or gases other than
those used by the manufacturing establishments in their operational activity.
STORAGE OR DISTRIBUTION FACILTY. A facility where goods are received and/or stored for delivery to the
ultimate customer at remote locations. This includes food products distributing stations, trucking terminals,and
packaging facilities.
STORAGE OR SALE OF PETROLEUM PRODUCTS. Retail or wholesale sales and storage of petroleum, gasoline,
fuel,oil,gas,or flammable liquid or fluid.
Chapter 3:Definitions
3-30
last amended per Z-623-17
Spring 2017 vl
PEPARTM ENT 0',5 COMMUNITY SERVICES
CARIVIEL. INDIANA,
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CITY OF ICARMEL
JAMES BRAINARD, MAYOR
VIA CERTIFIED MAIL NO.70091410000210917518
RETURN RECEIPT REQUESTED
November 9, 2017
Timothy Ochs
Ice Miller LLP
One American Square, Suite 2900
Indianapolis,IN 46282-0200 •
RE: Director's Determination- Lucas Estate and Party Hall
1303 and 1143 W. 116th Street, Cannel, IN 46032
Tax Parcel ID Nos. 17-13-03-00-00-028.112 and 17-13-03-00-00-001.001
Dear Mr. Ochs:
This letter serves as notice to you and your client, Lucas Living Trust, of the Determination made
in my capacity as the Director of Community Services that pertains to the Special Events Venue/Meeting
or Party Hall operation at the aforementioned locations (collectively referred to as the "Property"). The
decision set forth herein shall constitute an official director's determination pursuant to Chapter 29 of the
Carmel Zoning Ordinance(the"Determination").
As you are aware, the Property is zoned S-1/Estate Residential. A commercial use is not
permitted to operate out of a residentially zoned property without proper approvals from the City of
Carmel. On the 23 day of October, 2017 the Carmel Board of Zoning.Appeals (the "BZA") denied the
Use Variance and Development Standards Variance sought by your client to operate a Special Events
Venue on the Property. As the BZA denial was not appealed by your client, the decision made by the
BZA is final and valid (the"Order") (See attached, Exhibit A). Any noncompliance of the Order is now
legally enforceable against your client by the City of Carmel, Indiana and/or the BZA.
In consideration of the Order and my Determination herein, any and all commercial use of the
Property is not permitted and must cease within thirty (30) days. Any Short-term Outdoor Special Event
held by your client may be permitted as a Temporary Use, however any and all such use must take place
outdoors, shall not utilize any on-site building, including but not limited to indoor restrooms,kitchens, or
event space, and may only occur once per season for a maximum of four(4)events per year.
DEPARTMENT of CommuNrry Si:ivicxs
Or.0 Civic. SQUARE, CAR.MCL, IN 46032 PHONE 317.571..2417, FAx 317.571.2426
MtcHAEL P. HoLLti3AUCII, DIRECTOR
Page Two of Two
A copy of this letter has been posted at Cannel City Hall and has also been mailed to all adjoining
property owners. This Determination may be appealed to the BZA by your client or any other interested
party pursuant to Chapter 30 of the Carmel Zoning Ordinance. Such. appeals must be filed with the
Department of Community Services within thirty (30) days of issuance of this Determination, or the said
Determination is considered final.
Should you have any questions or concerns, please feel free to contact me directly at (317) 571-
2422 or mhollibaught@n,carmel.in.gov.
Very truly yours,
•
Michas '. Hollib: : Director
Department of J. unity Services
CC: Lucas Family Living Trust, 302 N. Sheridan St. Corona, CA 92880-2067
Jim Blanchard,Building Commissioner
Douglas Haney,City of Cannel Corporation Counsel
CRECEI1/ 9
�APPEAL OF A DECISION OF THE DIRECTOR �-- INSTRUCTION SHEET -- �m,-1. Allow plenty of time for the Department of Community Services (DOCS) staff reviewZoning Appeals (BZA) approval Process (approximately 45-60 days). Discuss propdc
Variance with the DOCS staff at a pre-submittal meeting (please call for an appointm2417, Third Floor, Carmel City Hall, 1 Civic Square, Carmel).2. INFORMATION NEEDED for formal DOCS staff and BZA review: 9 S b Z
a. Need the original and one copy of the completed variance application (available from
the Office of DOCS), with legal description(s) attached.
b. Need two (2) copies of location map showing location of site in question, zoning, and
existing land use of all adjacent properties.
c. Need two (2) copies of all plans drawn to scale with all dimensions and depicting all
existing and proposed structures, elevations, landscaping, drainage, lighting,
signage, and any other supporting documentation to fully understand the proposal.
d. Need two (2) copies (one with each application form) of adjacent property owners
certified by the Hamilton County Auditor's Office.
3. The above referenced information must be submitted to the DOCS at least forty-five (45) days prior to
hearing date. Within ten (10) days, the application will be reviewed by staff and a letter outlining the
deficiencies will be mailed to the petitioner or a docket number will be assigned (a docket number will
not be assigned until all deficiencies are addressed).
4. After final review the petitioner will need to pay the required filling fee at which time the docket
number will be released.
5. At this time, the Notice of Public Hearing must be mailed First Class mail with a Certificate of
Mailing to all adjacent property owners and published in the newspaper according to the Chart on
page 5 a MANDATORY 20 days prior to the public hearing date. Also, a public hearing sign must be
posted on the property (see next page).
6. At least ten (10) days prior to the hearing, the petitioner must submit their proof of publications, proof
of adjacent property owners notice, a completed Petitioner's Affidavit of Notice of Public Hearing, and
the Board member's packets to the DOCS (a minimum of nine [9] packets are needed).
The following is the order and list of items that should be included in the each Board Member's packet:
1-Finding of Facts (ballot sheet) 4-Statement of Support (short paragraph)
2-Finding of Facts (question sheet) 5-Location Map
3-Statement of Variance (short paragraph) 6-Reductions of all plans (site, drainage,
landscaping, signage, lighting, etc...)and elevations
7. The property owner, property owner's Attorney, or someone with the property owner's Power of
Attorney must be present at the Carmel/Clay Board of Zoning Appeals Public Hearing.
8. A presentation must be given at the public hearing. This should include some type of display or exhibit; an
opaque paper overhead projector and laser pointer will be available the night of the hearing.
9. Generally, variance applications are acted upon by the Board in one meeting. However, the Board at
its discretion at any time may table an item.
10. The Board of Zoning Appeals meets the fourth Monday of each month at 6:00 p.m. in the City Council
Chambers, 2nd floor of City Hall, 1 Civic Square, Carmel, Indiana. (BZA Hearing Officer meetings usually take
place immediately prior to, in the Caucus Rooms.)
BZA Appeal Application -pg 3- rev.12/20/2016
CITY OF CARMEL ZONING ORDINANCE
APPENDIX A:SCHEDULE OF USES
P=Permitted SU=Special Use Overlay Zones
A=Accessory E=Excluded by Overlay All uses which are permitted in the
=Prohibited n =Per Primary Zoning Primary Zoning District,except
those excluded(E)below.
Primary Zoning Districts Overlay Zones
Old Meridian Zones Per Primary Zoning
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N N , V '" — N M Li l� c0 .-. r�l N "Z"� 2' 2 2 2 2 2 2 G 7, cn a "O a C.:
Type of Use rn vt N cc m as m r1) ea cn -1. 2 2 U U a < 0 0 0 0 0 O a a a o , O = U
Residential Uses
Single Family Dwelling P PPPPPP P P P P P I' E E
l Two Family Dwelling P P P P P P P E E
•
Multiple Family Dwelling SU P P SU P P P P P P _ E
Accessory Dwelling P P P P_ P P
Mobile Home Court SU EEEEE
P P P P
Attached Dwelling
Home Occupation A A AAA A A A A A A A A A_ A A A A A
Residential Kennel A A AA A A A A A A A A A A P AAA A
Bed&Breakfast Inn _ P P P E
Model Home PP PPPPP P P E E
Guest House A A A A A A A A
Bona Fide Servants Quarters A A A AA A _ A_ A
Boarding or Lodging House SU SU SU SU SU SU E E
Nursing/Retirement/Convalescent Facility SU SU P P P SU P P P P P P P P
Continuing Care Retirement Community(CCRC) SU SU P P P SU P P I' P P P P P
Private Swimming Pool,etc. A A A A A A A A A A A
Office Uses
Clinic or Medical Health Center SU SU SU SU SU SU P l' P P P P SU P P P P PP
Research Laboratory/Facility _ P P I' P P P —P P P P P _
General Offices SU P P I' P P P P I' A I' P P — P P P P
Professional Office SU P P P P P P P P SU P P P P P P P P
Training Facility P P
Page 1 of 7
Summer 2016 v1
CITY OF CARMEL ZONING ORDINANCE
APPENDIX A:SCHEDULE OF USES
P=Permitted SU=Special Use Overlay Zones
A=Accessory E=Excluded by Overlay All uses which are permitted in the
=Prohibited n =Per Primary Zoning Primary Zoning District,except
those excluded(E)below.
Primary Zoning Districts Overlay Zones
Old Meridian Zones Per Primary Zoning
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Type of Use to ri: x ` m -,. m U U a.. ¢ O O O O O O O O O �G a O x U
Institutional Uses
Church/Temple/Place of Worship SU SU SU SU SU SU SU SU SU E
Hospital _ P P P SU P T P P P
Library SU SU SU SU SU SU SU SU SU �SU P P P
Penal or Correctional Institution SU SU SU EEEEE
Post Office P P P P P P P P P
Power Generating Plant SU EEEEE
Public Service Facility P P P P P P P P P P P P P P P P P P P P P P I' P P P PP
'
Commercial Sewage or Garbage Disposal Plant SU SU EEEEE
Water Management&Use Facility SU SU SU SU SU SU SU SU P SU SU
Educational Uses
School,Trade or Business P P SU SU P P SU P P _ P P P P P
College or University SU_SU ,SU SU SU SU P P P P P
Day Nursery/Day Care P P SU P SU SU P P P P
Kindergarten/Preschool SU SU SU SU SU SU SU P P SU P _ P P P
School of General Elementary or Secondary Education SU SU SU SU SU SU SU SU P E
Page 2 of 7
Summer 2016 v1
•
CITY OF CARMEL ZONING ORDINANCE
APPENDIX A: SCHEDULE OF USES
P=Permitted SU=Special Use Overlay Zones
A=Accessory E=Excluded by Overlay All uses which are permitted in the
n =Prohibited n=Per Primary Zoning Primary Zoning District,except
those excluded(E)below.
Primary Zoning Districts Overlay Zones
Old Meridian Zones Per Primary Zoning
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Type of Use rn cG c r: rr Cl m ca ob W oa a_) .— U U - < 0 0 0 0 0 0 0 ° .v v -° o
0 0 0 0 0 0 0 0 0 0 '
Retail&Service Uses
General Retail Sales SUPPPPSUPPPAPPP P P P P
Lumber/Building Materials Sales-(enclosed) P P P P P E E E E
General Service PPPP P P P P P P P P P
Automobile Service Station P P P P P P — E
Automobile/Boat Sales P P P P P E E E
Automobile/Truck Repair(indoor) P P P SU P E E
Manufactured Housing Sales P EEEEEE
Car Wash P P P P P E
Commercial Kennel P P P P SU E E E
Dry Cleaning Establishment(with on-site plant) P P P _ P P E E
Dry Cleaning Establishment(without on-site plant) SU P P P P P P P P P P E
Equipment Sales/Repair(indoor) P P P P P SU E E
Financial Institution PPPPPPPP P P P P P P
Automated Teller Machine(ATM) A A A A A A A A P A A P P P
Food Stand P P P_PPPPPPPP PPPPPPPPP P PP
Funeral Home/Mortuary/Crematory P P P SU P SU P P E E
Recreational Vehicle/Mobile Home Sales P P P P E E E E E
Roadside Sales Stand P P P SU SU E E E E
Self-Service Laundry P P P P P E E
Sexually Oriented Business SU EEEEEE
Tattoo Studio PPPP P P P P P E E E
Veterinary Hospital with commercial kennel P l' P SU P SU P E E
Veterinary Hospital without commercial kennel P P P P P P SU P P E E
Wholesale Sales SU P P PP P SU P P P E
Page 3 of 7
Summer 2016 v1
CITY OF CARMEL ZONING ORDINANCE
APPENDIX A:SCHEDULE OF USES
P=Permitted SU=Special Use Overlay Zones
A=Accessory E=Excluded by Overlay All uses which are permitted in the
=Prohibited n =Per Primary Zoning Primary Zoning District,except
• those excluded(E)below.
Primary Zoning Districts Overlay Zones
Old Meridian Zones Per Primary Zoning
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V] ,4 ( G O Cn •c G O. .O cV O y
v — N v v " -- rtt rl �n v t� no -" M ry t7 - 2 2 2 2 222 2 T r.l v .- E
Type of Use � v: x rY cG cC oS m oS oS aS of a1 2 U C) e' Q 0 O O 0 0 , 0 0 0 O O o U
rCultural/Entertainment Uses
Art Gallery P P P P P P P P P P P
Art&Music Center P P P P P P P P _ P P P
Carnivals,Fairs,Circuses,etc. P P P SU P E E
Hotel SU SU SU P P P P P P E
Hotel(Full Service) SU SU SU P P P P P
Indoor Theater P P P P P P P P P P P _ E
Outdoor Theater SU P P P E E
Catering Establishment y P P P P P P P
Restaurant,without drive-thin food sales P P P PPPP P P P P P P
Restaurant,with walk-up/drive-thru food sales P_ P P SU P P E E
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Meeting or Party Hall P P P P P P P P P P P
Museum P P P SU P
Stadium or Coliseum P P
~
Tavern/Night Club P P P P P P P P P P P E
Industrial Uses
_
Borrow Pit/Top Soil Removal&Storage , SU SU SU SU SU SU SU SU SU SU SU_ SU E E
Heavy Industrial P SU E E E E E
Sanitary Landfill.Junk Yard,Salvage Yard _ SU _ SU SU EEEEEE
Light Industrial SU P P E E E E
l Storage and/or Warehousing,Indoor SU P A P P A E E E E
Storage and/or Warehousing,Outdoor SU A SU EEEEEE
Storage or Sale of Petroleum Products SU P P P E E E E E
Coke Ovens/Brick Yards/Kilns/Open Hearth/Blast
Furnace P SU E
Light Manufacturing P P P E E
Mineral/Sand/Gravel Extraction Operations SU SU SU SU SU SU SU SU SU SU SU SU SU E E E E
Page 4 of 7
Summer 2016 v1
CITY OF CARMEL ZONING ORDINANCE
APPENDIX A:SCHEDULE OF USES
P=Permitted SU=Special Use Overlay Zones
A=Accessory E=Excluded by Overlay All uses which are permitted in the
=Prohibited n =Per Primary Zoning Primary Zoning District,except
those excluded(E)below.
Primary Zoning Districts Overlay Zones
Old Meridian Zones Per Primary Zoning
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Type of Use :n Li: c4 c z c'e m oa rli 11 U U d O 0 0 0 0 0 O 0 O u O
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Printing/Publishing Establishment SU P P SU P P P E
Storage/Distribution Facility SU P P SU_SU E E
Wholesaling Facility P SU P E E E
Heavy Manufacturing _ E E - EEEEEE
Agricultural Uses _
Commercial Greenhouse SU SU SU P P SU SU E E E
Raising/Breeding of Non-Fann or Exotic Animals SU SU EEEEE
Feed Store SU P EEEE
Plant Nursery SU SU SU P P SU SU E E E
Grain Elevator SU P EEEEE
General Agriculture(Farm) PPPPPPPPPPPPPPPPP P P
Horse Farm P
Recreational _
Commercial Recreational Facility,Indoor P P_ P P P P P P PPPPPP E E
Commercial Recreational Facility,Outdoor SU SU SU SU P _ EEEE
Community Center P P P
Country Club SU SU SU SU SU SU_ P P SU E
Golf Course SU SU SU SU_SU SU P SU P SU E
Private Club or Lodge I' P P SU _ P P P P E
Private Recreational Facility SU SU SU SU SU SU P SU SU SU SU SU SU P E
Riding Stable SU SU E
Park,Public PPPPPPPPPPPPPPPPPPPP PPPPPPP
Shooting Gallery P P P P -
Page 5 of 7
Summer 2016 v1
CITY OF CARMEL ZONING ORDINANCE
APPENDIX A:SCHEDULE OF USES
P=Permitted SU=Special Use Overlay Zones
A=Accessory E=Excluded by Overlay All uses which are permitted in the
Ti =Prohibited n =Per Primary Zoning Primary Zoning District,except
those excluded(E)below.
Primary Zoning Districts Overlay Zones
Old Meridian Zones Per Primary Zoning
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Type of Use c r cG =.' x 1 m ea cn :: ca — 2 U U c < O O O O O O O O O x U
_Miscellaneous
Artificial Lake or Pond(non-platted) SU SU SU SU SU SU SU SU SU SU SU SU SU SU SU SU SU
Cemetery SU SU SU SU SU SU SU SU SU SU _SU SU E
Historic Site P P P
Temporary Uses _ _
Construction Facility P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P
Display,Outdoor A A A Al A A A A A E E
_
Model Home PPPPPPP P P E E E
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Sales,Outdoor A A A A A A A A A E E
Sales,Seasonal Outdoor P P P P P P P P E E E
Special Event,Outdoor P P P P P P P P _ P P P P P P P P P P P P P P P P P P P_ P P P
Page 6 of 7
Summer 2016 v1
CITY OF CARMEL ZONING ORDINANCE
APPENDIX A:SCHEDULE OF USES
P=Permitted SU=Special Use Overlay Zones
A=Accessory E=Excluded by Overlay All uses which are permitted in the
n =Prohibited n=Per Primary Zoning Primary Zoning District,except
those excluded(E)below.
Primary Zoning Districts Overlay Zones
Old Meridian Zones Per Primary Zoning
T 0
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Type of Use c. v; m p m m oa � 2 2 C.) U a. d O O O O op O O Oor,_ = D ,O
Transportation&Communication Uses
Radio and/or Television Studio P P P Sl T P P
Radio/Television Transmission Antenna SU SU SU SU SU SU SU SU SU
Radio/Television Transmission Tower SU SU SU P P E
Wireless Support Structure _ SU _ E
Motor Bus or Railroad Passenger Station P P_ P SU P P
Private Airplane Landing/Service Facility SU SU SU EEEEE
Private Helicopter Landing/Service Facility SU SU SU P E
Commercial Parking Lot P P P SU P P P _
Private Parking Area A A A A A A A. A A A A_A A A A A A A AA A A AA A,A
Track Stop - - E E E
Appendix A,as adopted per Ordinance No.Z-415-03;as amended per Z-461-04;Z-470-05;Z-488-06;Z-547-10;Z-558-12;Z-606-15;Z-613-16.
Page 7 of 7
Summer 2016 v1
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10:ZONING&SUBDIVISIONS
ARTICLE 1:ZONING CODE
CARMEL ZONING ORDINANCE
CHAPTER 7:R-1/RESIDENCE DISTRICT
7.00 R-1/Residence District.
7.01 Permitted Uses.
7.02 Special Uses&Special Exceptions.
7.03 Accessory Building and Uses.
7.04 Height and Area Requirements.
7.00 R-1/Residence District.'
7.00.01 Purpose and Intent.
The purpose of this district is to provide for low-density single-family residential development where adequate
public facilities are available. The preservation of natural features,and encouragement of open space residential
land-use patterns in this district is intended to implement the Comprehensive Plan's Residential Community
Objectives. The R-1 District corresponds to the Low Intensity Residential Community on the Comprehensive
Plan's Land Use Map.
7.01 Permitted Uses:2
7.01.01 See Appendix A:Schedule of Uses.
7.01.02 Maximum Density: For a residential subdivision,2.9 lots/acre.
7.02 Special Uses & Special Exceptions:3
A. See Appendix A:Schedule of Uses.
B. See Chapter 21:Special Uses&Special Exceptions for additional regulations.
7.02.01 Minimum Area Requirements:
Same as S-1 District regulations of Section 5.02.01.
7.02.02 Other Requirements:
Same as S-1 District regulations of Section 5.02.02.
7.03 Accessory Buildings and Uses.' See also Section 25.01.
Section 7.00 amended per Ordinance No.Z-327.
2 Section 7.01 amended per Ordinance No.Z-327;Z-415-03,§g;Z-558-12.
3 Section 7.02 amended per Ordinance No.Z-320;Z-415-03,§h-j.
4 Section 7.03 amended per Ordinance No.Z-369-02,§j.
Chapter 7:R-1/Residence District
7-1 •
as amended per Z-320,Z-327;Z-366-01;Z-369-02;Z-415-03;Z-508-07;Z-558-12
Autumn 2012 vl
CITY OF CARMEL ZONING ORDINANCE
7.04 Height and Area Requirements.' (see Chapter 26: Additional Height, Yard, & Lot Area Regulations for
additional regulations.)
7.04.01 Maximum Height:6 Thirty-five(35)feet.
7.04.02 Minimum Lot Area:
A. Lots without service by a community water system and a community sanitary sewer system, 43,560
square feet
B. Lots with service from a community water system,and private septic system,35,000 square feet.
C. Lots with service from a community sanitary sewer system and private water system,20,000 square feet.
D. Lots with community water system and community sanitary sewer system, 10,000 square feet.
7.04.03 Minimum Lot Standards:
A. Minimum Front Yard:'Thirty-five(35)feet.
B. Minimum Side Yard:8 Ten(10)feet.
C. Minimum Aggregate of Side Yard:Twenty(20)feet.
D. Minimum Rear Yard:
1. Single-family dwelling:Twenty(20)feet;
2. All other uses:Fifteen(15)feet.
E. Minimum Lot Width:One hundred(100)feet.
F. Maximum Lot Coverage:Thirty-five percent(35%)of lot.
G. Minimum Ground Floor Area:
1. One-story dwelling:One thousand one hundred(1,100)square feet; •
2. Two-story dwelling and all other uses:Nine hundred(900)square feet.
'Section 7.04 amended per Ordinance No.Z-327;Z-366-01;Z-508-07.
•
6 See also Section 26.01.01.
7 NOTE:For the Minimum Front Yard requirement for any Lot in a Qualifying Subdivision approved prior to April 2l,2008,which utilized relaxed Front Yard
standards previously prescribed in the Subdivision Control Ordinance see Section 26.02.07.
8 See also Section 26.01.01.
Chapter 7:R-1/Residence District
7-2
as amended per Z-320,Z-327;Z-366-01;Z-369-02;Z-41 5 03;Z-508-07;Z-558-12
Autumn 2012 vl
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 7:R-1/RESIDENCE DISTRICT
AMENDMENT LOG
Ordinance No. Docket No. Council Approval Effective Date Sections Affected
Z-320 July 11,1997
Z-327 January 4, 1999
Z-366-01 76-01b OA .. n/a November 28,2001 7.04.01
Z-369-02 160-01 OA April 1,2002 April 1,2002 7.03
Spring 2002 v2
Z-415-03 39-02 OA November 17,2003 November 18,2003 7.01;7.02
Autumn 2003 v 1
Z-508-07 07070023 OA November 19,2007 November 19,2007 7.04.04
Autumn 2007 vl
Z-558-12,as amended 12010005 OA November 5,2012 November 5,2012 7.01
Autumn 2012 vl
Chapter 7:R-1/Residence District
7-3
as amended per Z-320,Z-327;Z-366-01;Z-369-02;Z-415-03;Z-508-07;Z-558-12
Autumn 2012 vl
Lucas estate controversy continues even as formal appeals process ends 12018-08-27 I Ind... Page 1 of 3
]"-t DD
COM
Home
Lucas estate controversy continues even as
formal appeals process ends
Samm Quinn
August 27, 2018
41 0711/ If/
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A procedural move by the city of Carmel has ended months of formal negotiations between the city
and Forrest and Charlotte Lucas over dozens of special events they host each year at their estate.
But the controversy is far from settled. The city says it will enforce its zoning rules if they are violated
and the Lucases are planning to host more parties—even as they promise to continue working with the
city to appease frustrated neighbors.
The Carmel Board of Zoning Appeals had been set to act Monday night on the Lucases' appeal of the
city's explanation of a BZA ruling and what types of parties the couple could and could not host on
their estate at 1143 W. 116t St.
The explanation-called a determination—had been written by Michael Hollibaugh, director of
Carmel's department of community service, after the BZA had denied special variances city officials
say are necessary for the types of semi-public events common at the massive estate.
https://www.ibj.com/articles/print/70265-lucas-estate-controversy-continues-even-as-form... 8/28/2018
Lucas estate controversy continues even as formal appeals process ends 12018-08-27 ( Ind... Page 2 of
The Lucases have been hosting soirees benefiting not-for-profits as well as anniversary parties,
birthday celebrations,political fundraisers and weddings, generating complaints from neighbors about
noise and traffic The city's zoning ordinance does not permit special event venues or party halls to be
operated within the R-1 zoning district where the estate is located.
The Lucases,however,never appealed the actual BZA ruling, which is now fmal, although the city
and the couple have spent months trying to negotiate a compromise.
Then last week Hollibaugh withdrew the determination, which essentially ended the appeals process.
The Lucases' attorneys then formally withdrew the appeal.
Hollibaugh said he originally wrote the determination to explain that Carmel's Unified Development
Ordinance would allow the Lucases to host four outdoor special events a year. The letter, dated Nov.
9, also explained the BZA ruling, stating that any commercial use of the property must cease within
30 days.
In December,the Lucases appealed the determination, and an appeal process has been underway for
months. The Lucases contend the determination sought to impose restrictions on the Lucas Estate that
are not found in the current zoning ordinance and are unreasonable and constitute selective
enforcement. They've also argued their events are not commercial in nature.
The Lucases have hosted events at their estate since 2011. They do not charge rent for use of the
property, Forrest Lucas said.
"Charlotte and I only allow our property to be used for charities, fundraisers or other activities that we
invite or select,"Forrest Lucas said in written comments. "Charlotte and I have personally donated
hundreds of thousands of dollars and have allowed our property to be used to raise millions of dollars
from our guests for the local charities. Our property is different than'event venues' where no one lives
and whose purpose is to make money."
Lucas said he doesn't need any special variances to hold events on his property but chose to request
one because the city had asked they do so.
"Legally,this denial did not change anything,"he said in a media statement issued Monday afternoon.
"What we were legally doing before the denial, we could continue."
Since at least February,the city and the Lucases have been trying to negotiate an agreement regarding
Hollibaugh's determination but have not been successful, according to Carmel city officials. The city
and attorneys for Lucas have communicated back and forth via letters and in person trying to
negotiate a compromise.
In one letter, Hollibaugh said the city would not prohibit the Lucases from opening their property to
guests at outdoor events for political and not-for-profit fundraising, but he raised concerns about
online advertisements, including those on social media,promoting the estate for weddings and other
special events, saying those advertisements contradict Lucas' statements that the property is not being
used for commercial purposes.
In a response to the city,Lucas attorneys reiterated that the estate is not being used for commercial
business such as a catering establishment, a private club,or a meeting or party hall. Nor are the
Lucases conducting for-profit events that compete with private enterprises on real estate properly
zoned for business,the letter states.
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Lucas estate controversy continues even as formal appeals process ends 12018-08-27 I Ind... Page 3 of 3
ppr
The appeal was scheduled to be heard by the Carmel Board of Zoning Appeals Monday night after it
was continued in July to allow the parties to meet with a mediator. But last week, the appeal was
withdrawn after the city withdrew Hollibaugh's determination.
"Unfortunately, even after formalized mediation efforts, any attempt to achieve a reasonable
resolution failed,"Hollibaugh wrote in a letter. "Therefore, it now seems prudent to withdraw my
determination and allow the BZA order to stand on its own merits, without any interpretation by me."
Hollibaugh's decision to withdraw his determination has no effect on the BZA ruling since it was
never appealed, the letter said. It remains in effect and can be enforced to the "fullest extent of the
law."
"Failure to comply with the BZA order may result in the City of Cannel pursuing enforcement action
against your client," the letter ends.
Carmel officials declined to comment on what actions the city will take if the Lucases continue to
host events that aren't a political or not-for-profit fundraiser or to explain where the issue stands after
Hollibaugh's determination was withdrawn. City spokesperson Dan McFeely said the city does not
comment on matters that are in litigation.
Since the September BZA meeting,the family has continued to host events, including one this
weekend that coincided with Cannel's Artmobilia.
But Lucas said he hopes they can continue to work together to find a resolution. Although the city and
the Lucases did not resolve all of their differences in mediation, they did make progress, he said. He
said they've met with neighbors many times and believe they have satisfied all but a few protesters.
"We will continue to be sensitive to our neighbors and their legitimate concerns," he said.
"We are not looking for special treatment,"Lucas said. "We have repeatedly said that we are willing
to abide by the same rules as everybody else. We have committed to work with the city of Cannel to
ensure that we are in compliance with the zoning and noise ordinances. We want to continue to use
our property to be charitable to people who need it."
https://www.ibj.com/articles/print/70265-lucas-estate-controversy-continues-even-as-form... 8/28/2018
SPONSOR(S): Councilors Campbell
1 ORDINANCE NO. D-2432-18
2
3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA,
4 AMENDING CHAPTER 6, ARTICLE 5,DIVISION VIII, SECTION 6-158 OF THE CARMEL CITY
5 CODE.
6
7 Synopsis: Ordinance clarifies the regulation of noise within the City of Carmel.
8
9 WHEREAS, the City of Carmel (the "City") has the power and authority, pursuant to Indiana Code
10 36-8-2-8 and its general police powers, to regulate the generation of sound within its corporate boundaries;
11 and
12
13 WHEREAS, the Common Council of the City of Carmel, Indiana, now finds that it is in the public
14 interest to now amend the City's current noise regulations so as to better protect the health, safety and
15 welfare of the City's residents and guests.
16
17 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel,
18 Indiana, as follows:
19
20 Section 1. The foregoing Recitals are fully incorporated herein by this reference.
21
22 Section 2. The following subsections of Carmel City Code Section 6-I58 are hereby amended and
23 shall read as follows:
24
25 (a) No person shall play, within the City's corporate limits, use or operate any machine, motor vehicle,
26 device, or thing that produces or reproduces sound if the sound therefrom generated made, caused or
27 otherwise emitted is:
28 (1) Audible 50 feet or more from its Stationary Noise Ssource, or, if the Stationary Noise Source is
29 located on private property.audible 50 feet or more from the nearest property line of said private property.or
30 (2) At a level that exceeds that permitted on the chart below for a period of five minutes or more within
31 any 30 minute period of time, when measured on a dB(A)scale from a distance of not less than 50 feet from
32 its Stationary Noise Ssource, or
33 (3) At a level of more than 70 decibels for any period of time, when measured on a dB(A) scale from a
34 distance of not less than 50 feet from its Stationary Noise Ssource, or if the Stationary Noise Source is
35 located on private property, audible 50 feet or more from the nearest property line of said private property.
36
37
38 Ordinance D-2432-18
39 Page One of Five Pages
40
This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on 7/31/18 at
2:24 PM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr.
Haney or Ms. Ulbricht for legal sufficiency or otherwise.
S:\ORDINANCES\2018\D-2432-I S Noise Ordinance Amendment Redline.docx
4111
SPONSOR(S): Councilors Campbell
41
Zoning District Time Period Noise Level(dBA)
S-1, S-2, R-1, R-2, R-3,R-4, R-5 8:00 a.m. 10:00 p.m. 55
10:00 p.m. -8:00 a.m. 50
B-1, B-2, B-3,B-5, B-6, B-7,B-8,C-1,C-2,OM, PM, PUD, P-1 7:00 a.m. 11:00 p.m. 60
11:00 p.m. - 7:00 a.m. 50
I-1, M-1, M-3,AG-1 Anytime 70
42
43 (b) The following are exempted from the provisions of this section:
44 (1) Sounds emitted from authorized emergency vehicles.
45 (2) Lawn mowers, weed leaf blowers, weed trimmers,garden tractors,ge-caFtis and power tools, when
46 properly muffled, between the hours of 68:00 a.m. and 40:8:00 p.m. only.
47 (3) Burglar alarms and other warning devices when properly installed, providing the cause for such
48 alarm or warning device sound is investigated and turned off within a reasonable period of time.
49 (4) , . ',
50 ts-twt'he ed
51 3eeEa1-ey Events authorized by the
52 Board of Public Works in writing,including but not limited to,parades, festivals,carnivals, fairs,concert
53 performances,band and drum corps performances,artistic performances, as well as any rehearsals for the
54 same. .
55 (5) Attendant noise connected with the actual performance of athletic or sporting events and practices
56 related thereto.
57 (6) The emission of sound for the purposes of alerting persons to the existence of an emergency, or for
58 the performance of emergency construction, repair or other work.
59 (7) Sounds associated with the use of legal consumer fireworks during the following days and times:
60 a. Between the hours of 5:00 p.m. and two hours after sunset on June 29, June 30, July 1, July 2, July
61 3, July 5, July 6, July 7,July 8 and July 9;
62 b. Between the hours of 10:00 a.m. and 12:00 midnight on July 4;
63 c. Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
64 (8) Sounds associated with the use of the Carmel Police Department Firing Range.
65
66 Ordinance D-2432-18
67 Page Two of Five Pages
This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on 7/31/18 at
2:24 PM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr.
Haney or Ms. Ulbricht for legal sufficiency or otherwise.
S:\ORDINANCES\20I8\D-2432-18 Noise Ordinance Amendment Redline.docx
Pr
SPONSOR(S): Councilors Campbell
68
69 (9) Sounds associated with the normal conduct of legally established non-transient businesses,
70 organizations and governmental entities, when such sounds are customary, incidental and within the normal
71 range appropriate for such use.
72 (10) Rubbish collection utilizing any mechanical equipment between the hours of 6:00 a.m. and 9:00
73 p.m. only.
74 (11) Subject to the other provisions of this section, and any other applicable law, rule or regulation,
75 those sounds associated with motor vehicles lawfully operating on City streets. This does not include music
76 or other sounds associated with a vehicle's sound system. including portable devices capable of emanating
77 sounds that may be located within the vehicle.
78 (12) Sounds associated with equipment or animals lawfully utilized by handicapped persons to
79 accommodate their handicap.
80 (13) Sounds associated with the operation of aircraft or snow removal equipment.
81 (14) Sounds associated with church and temple bells and chimes, and with mosque minarets.
82 (15) Sounds associated with building construction between the hours of 7:00 a.m. and 9:00 p.m. only, as
83 well as, and to the extent that, such construction is necessitated at other times due to a bona fide
84 "emergency", as that term is defined in I. C., 36-1-2-4.5, as the same may be amended from time to time.
85 (16) Reserved.
86 (c) No person shall keep any animal which, by causing frequent or long-continuing noise that is audible
87 50 feet or more from its source when the animal is on public property or 50 feet or more outside of a private
88 property line when the animal is on private property, does disturb the comfort or repose of any other person.
89 (d) Any person who violates the provisions of this section shall be guilty of an infraction, punishable by a
90 fine of not more than:
91 (1) First offense: Up to $250;
92 (2) Second offense: Up to $500;
93 (3) Third offense: Up to$1,000;
94 (4) Fourth and subsequent offenses:
95 Up to $2,500.
96 (e) The Carmel City Court shall be the court of proper venue and jurisdiction for the enforcement of this
97 section.
98 Ordinance D-2432-18
99 Page Three of Five Pages
100
This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on 7/31/18 at
2:24 PM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr.
Haney or Ms. Ulbricht for legal sufficiency or otherwise.
S:\ORDINANCES\2018\D-2432-18 Noise Ordinance Amendment Redline.docx
1411
SPONSOR(S): Councilors Campbell
101 (f) Citations for violation of this section may be issued by any sworn member of the Cannel Metropolitan
102 Police Department and, additionally, in or on Carmel Clay Schools property only,by any sworn special
103 police officer appointed under I.C., 36-8-3-7 to serve the Cannel Clay Schools.
104 (g) For purposes of this section, the following definitions shall apply:
105 Ambient noise level.The A-weighted sound pressure level of all the encompassing noise associated with
106 a given environment,being usually a composite of sounds from many sources. If possible, ambient noise
107 level shall be measured at the same location as the measurement taken of the alleged offending noise source.
108 If the alleged offending noise source is continuous and cannot reasonably be discontinued or stopped for the
109 time necessary to measure the ambient noise level, the ambient noise level shall be determined by traveling
110 away from the noise source to a point where at a steady decibel reading can be achieved and that is at least
111 four feet from any wall or similar reflecting surface. If this is not reasonably possible, the noise level
112 measured while the alleged offending noise source is in operation shall be compared directly to the noise
113 level standards set forth in this section.
114 Stationary Nnoise asource.Any sound amplifying equipment and any other object, motor vehicle,
115 facility, and/or source,whether fixed or movable, that is capable of emitting audible sound.
116
117 Section 3. The remaining provisions of Cannel City Code Sections 6-158 are not affected by this
118 Ordinance and shall remain in full force and effect.
119
120 Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance
121 are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such
122 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other
123 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to
124 the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties
125 shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been
126 adopted.
127
128 Section 5. If any portion of this Ordinance is for any reason declared to be invalid by a court of
129 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance
130 so long as enforcement of same can be given the same effect.
131
132 Section 6. This Ordinance shall be in full force and effect from and after the date of its passage
133 and signing by the Mayor and such publication as required by law.
134
135
136
137
138
139
140 Ordinance D-2432-18
141 Page Four of Five Pages
142
This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht,City Attorney, on 7/31/18 at
2:24 PM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr.
Haney or Ms.Ulbricht for legal sufficiency or otherwise.
S:\OROtNANCES\2O18 D-2432-18 Noise Ordinance Amendment Red line.docx
SPONSOR(S): Councilors Campbell
143
144 PASSED by the Common Council of the City of Carmel, Indiana, this day of , 2018,
145 by a vote of ayes and nays.
146
147 COMMON COUNCIL FOR THE CITY OF CARMEL
148
149
150 Sue Finkam, President Anthony Green
151
152
153
154 Kevin D. Rider, Vice-President H. Bruce Kimball
155
156
157
1 58 Laura D. Campbell Jeff Worrell
159
160
161
162 Ronald E. Carter
163
164 ATTEST:
165
166 Christine S. Pauley, Clerk-Treasurer
167
168 Presented by me to the Mayor of the City of Carmel, Indiana this day of
169 2018, at .M.
170
171 Christine S. Pauley, Clerk-Treasurer
172
173 Approved by me, Mayor of the City of Carmel, Indiana, this day of
174 2018, at .M.
175
176
177 James Brainard, Mayor
178
179 ATTEST:
180
181 Christine S. Pauley, Clerk-Treasurer
182
183 Ordinance D-2432-18
184 Page Five of Five Pages
185
This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on 7/31/18 at
2:24 PM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr.
Haney or Ms.Ulbricht for legal sufficiency or otherwise.
S:\ORDINANCES\20I8\D-2432-I8 Noise Ordinance Amendment Redline.docx
Lucas Oil tycoon continues Cannel parties amid neighbor complaints 12018-07-17 I India... Page 1 of 3
If
COM
Home
Lucas Oil tycoon continues Carmel parties
amid neighbor complaints
Associated Press and IBJ Staff
July 17, 2018
Neighbors who live near an oil tycoon's sprawling suburban Indianapolis estate say he continues
hosting extravagant events even though officials told him the parties must end.
Some neighbors thought they had put an end to Forrest Lucas' parties in September when Cannel
officials told the Lucas Oil Products founder he could no longer host events at his "party barn"
because he was essentially operating a commercial venue in a residential area.
But Lucas told IBJ in October that he and his wife, Charlotte, planned to continue hosting events on
their property at 1143 W. 116th St. because they didn't think they were doing anything wrong. "As far
as we're concerned, everything we're doing is perfectly legal," Lucas told IBJ. "We're not breaking
any laws."
The Indianapolis Star reported this week that Lucas has been true to his word. Events are still taking
place on the property, which can accommodate up to 400 people.
"Evidently the law only applies to the lowly, to those of us who go to work and pay our taxes, but a
big wig gets to do whatever he wants," said Kristie Blankenhorn, who lives near the estate. "You
think Mayor (Jim) Brainard is going to go up against a guy like Forrest Lucas?"
Zoning officials plan to meet July 23 to discuss the issue, but it may be delayed as the city continues
to talk to Lucas' representatives. Cannel spokeswoman Nancy Heck said the city is striving to balance
private property rights with zoning laws.
"In this case, we are continuing to work with the Lucas estate, while listening to concerns of
neighbors of the estate affected by the activity there," Heck said.
The Lucases acquired their 33-acre property, which was formerly home to Conseco Inc. CEO Stephen
Hilbert, in 2010. And, in May 2016,they purchased the adjacent estate of Nancy Irsay, which brought
their total property to more than 70 acres.
The Irsay tract included an 8,600-square-foot home and a 10,000-square-foot pole barn known as the
Robert Irsay Pavilion, which the Lucases have been using for events.
https://www.ibj.com/articles/print/69672-lucas-oil-tycoon-continues-carmel-parties-amid-n... 7/18/2018
Lucas Oil tycoon continues Carmel parties amid neighbor complaints 12018-07-17 I India... Page 2 of 3
The party barn has been significant to Carmel social life since Nancy Irsay opened it more than 30
years ago. The second wife of late Indianapolis Colts owner Robert Irsay,Nancy helped raise millions
of dollars annually for charities while hosting an array of celebrities. She died in 2015.
Lucas bought the party barn with the intention of carrying on what Nancy Irsay began, according to
his representatives. But neighbors said Irsay held a limited number of low-key events for charity,
while Lucas transformed the estate into an organized event center.
"I've hosted fundraisers," said Sima Sciopu, who lives just south of Lucas' property. "I shell out the
burgers and drinks and then people donate to the nonprofit. That's not what's happening over there."
City officials last year asked the Lucases to request a variance to allow them to hold semi-public
events—including soirees benefiting not-for-profits, anniversary parties, birthday celebrations,
political fundraisers and weddings. But the Carmel Board of Zoning Appeals denied the family's
request in September after nearly 30 nearby residents spoke publicly, wrote a letter or signed a
petition opposing the request.
Neighbors complained about the noise from events, lights from traffic and the frequency of the
parties.
In September, the denied a variance request from the Lucases to allow for—to take place on their
massive estate at 1143 W. 116th St..
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n
CITY OF CARMEL
JAMES BRAINARD, MAYOR
VIA CERTIFIED MAIL NO.70091410000210917518
RETURN RECEIPT REQUESTED
November 9, 2017
Timothy Ochs
Ice Miller LLP
One American Square, Suite 2900
Indianapolis,IN 46282-0200
RE: Director's Determination- Lucas Estate and Party Hall
1303 and 1143 W. 116th Street, Carmel, IN 46032
Tax Parcel ID Nos. 17-13-03-00-00-028.112 and 17-13-03-00-00-001.001
Dear Mr. Ochs:
This letter serves as notice to you and your client, Lucas Living Trust, of the Determination made
in my capacity as the Director of Community Services that pertains to the Special Events Venue/Meeting
or Party Hall operation at the aforementioned locations (collectively referred to as the "Property"). The
decision set forth herein shall constitute an official director's determination pursuant to Chapter 29 of the
Carmel Zoning Ordinance (the"Determination").
As you are aware, the Property is zoned S-1/Estate Residential. A commercial use is not
permitted to operate out of a residentially zoned property without proper approvals from the City of
Carmel. On the 23 day of October, 2017 the Carmel Board of Zoning Appeals (the "BZA") denied the
Use Variance and Development Standards Variance sought by your client to operate a Special Events
Venue on the Property. As the BZA denial was not appealed by your client, the decision made by the
BZA is final and valid (the "Order") (See attached, Exhibit A). Any noncompliance of the Order is now
legally enforceable against your client by the City of Carmel, Indiana and/or the BZA.
In consideration of the Order and my Determination herein, any and all commercial use of the
Property is not permitted and must cease within thirty (30) days. Any Short-term Outdoor Special Event
held by your client may be permitted as a Temporary Use, however any and all such use must take place
outdoors, shall not utilize any on-site building, including but not limited to indoor restrooms, kitchens, or
event space, and may only occur once per season for a maximum of four(4) events per year.
DEPARTMENT OF COMMUNITY SERVICES
ONE Civic SQUARE, CARMEL, IN 46032 PHONE 317.571.2417, FAX 317.571.2426
MICHAEL P. HOLLIBAUGH, DIRECTOR
Page Two of Two
A copy of this letter has been posted at Carmel City Hall and has also been mailed to all adjoining
property owners. This Determination may be appealed to the BZA by your client or any other interested
party pursuant to Chapter 30 of the Carmel Zoning Ordinance. Such appeals must be filed with the
Department of Community Services within thirty (30) days of issuance of this Determination, or the said
Determination is considered final.
Should you have any questions or concerns, please feel free to contact me directly at (317) 571-
2422 or mhollibaught@carmel.in.gov.
Very truly yours,
•
Micha, �'. Holliba , Director
Department of 04, unity Services
CC: Lucas Family Living Trust, 302 N. Sheridan St. Corona, CA 92880-2067
Jim Blanchard, Building Commissioner
Douglas Haney, City of Carmel Corporation Counsel
CARMEL BOARD OF ZONING APPEALS
FINDINGS OF FACT
Docket No. 17040002 UV, 17040003V, 17040004V, and 17040005V
Petitioner: Lucas Living Trust
This matter came before the Carmel Board of Zoning Appeals ("Board") on a Petition for
Variances of Use and Development Standards, captioned as the Lucas Estate Special Events
Venue/Meeting or Party Hall, which was filed by the Petitioner, the Lucas Living Trust, and
docketed as 17040002 UV, 17040003V, 17040004V, 17040005V and 17040006V.
According to the Petition, the Petitioner was seeking approval to operate a Special Events Venue
on property situated in the S-1/Residence District which is also within the West 116`h Street
Overlay Zone. The purpose and intent of the S-1/Residence District, according to Section 5.00 of
the Carmel Zoning Ordinance, "is to provide for the development of innovative residential
environments in keeping with the rural character of this district, by providing for a development
process that allows a high degree of flexibility in the design of single-family subdivisions.
Further, it is the purpose of this district to provide for a development process that allows for
more efficient use of the land through the introduction of open space and conservation lands
within subdivisions. It is the intention of this district to protect remaining significant natural
features within this district by placing an emphasis on less intensive urban land uses."Moreover,
the purpose of the West 116`" Street Overlay Zone, according to Section 23G.00 of the Carmel
Zoning Ordinance, "is to protect the estate character of the area."
The Special Events Venue, if approved, would host charitable events, corporate functions, and
weddings. Events could range from 20 guests to more than 500 guests. Parking lots at the Special
Events Venue would contain approximately 420 parking spaces.
Pursuant to IC 36-7-4-918.4 regarding variances of use, the Petitioner bears the burden of
proving the following: (1) the approval will not be injurious to the public health, safety, morals,
and 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; (3) the need for
the variance arises from some condition peculiar to the property involved; (4) the strict
application of the terms of the zoning ordinance will constitute an unnecessary hardship if
applied to the property for which the variance is sought; and (5) the approval does not interfere
substantially with the comprehensive plan.
1
The Board conducted hearings on August 28, 2017 and September 25, 2017 where it heard
testimony from the Petitioner, supporters of the Petitioner, and remonstrators. Before the hearing
the Petitioner withdrew 17040006V. The Board enters the following findings of fact.
1. Whether the approval would be injurious to the public health, safety, morals, and
general welfare of the community.
After considering and weighing the evidence,the Board finds that the Petitioner failed to meet its
burden of proof because the variances pose a significant threat to public health and safety. The
Special Events Venue, as proposed, would allow for up to 700 guests and up to 420 vehicles for
social outings. The Special Events Venue would, among other things, generate excessive noise,
traffic, and night-time lighting in a residential area having a rural character. Further, only a
portion of the Special Events Venue is connected to a sanitary sewer.
2. Whether the use and value of the area adjacent to the property included in the
variance would be affected in a substantially adverse manner.
The Special Events Venue would be expected to host as many as 60 events per year with the
average event having 200-400 guests, but with large events having 700 guests. After considering
and weighing the evidence, the Board finds that the Petitioner failed to meet its burden of proof
because the Special Events Venue, if approved, would impact adjacent residential uses in a
substantially adverse manner by allowing a "Party Hall" operation that essentially comprises a
commercial banquet facility, which would fail to protect the estate character of the area.
3. Whether the need for the variance arises from some condition peculiar to the
property involved.
After considering and weighing the evidence, the Board finds that the Petitioner failed to meet its
burden of proof because the Petitioner has not identified anything peculiar about the property
that prevents it from being used for residential purposes. In fact, the Petition itself provides that a
"local developer submitted [the] highest offer to purchase the Irsay Estate last year and in an
effort to prevent many new homes from being built on those 39 acres," the Lucases bought the
property. The property, therefore, could be used for the development of an innovative residential
environment, as intended by the Carmel Zoning Ordinance. The fact that the Petitioner would
prefer not to pursue such a development does not support granting a variance.
4. Whether the strict application of the terms of the zoning ordinance would constitute
an unnecessary hardship if applied to the property for which the variance is sought.
After considering and weighing the evidence, the Board finds that the Petitioner failed to meet its •
burden of proof. The Petition states that the highest bidder for the property was a residential
developer, meaning that the property could be utilized for residential development, which is
allowed by right by the Carmel Zoning Ordinance. The fact that the Petitioner does not want
residential development nearby is not an unnecessary hardship.
2
5. Whether the approval would interfere substantially with the comprehensive plan.
Carmel's Comprehensive Plan, among other things, intends to "[p]reserve the estate character of
West Carmel by protecting large-lot residential areas." Approving the Special Events Venue in
the midst of large estate residences would allow a business use to take place in an established
residential area, which conflicts with Carmel's Comprehensive Plan. As a result, the Board finds
that the Petitioner failed to meet its burden of proof.
DECISION
It is therefore the decision of the Cannel Board of Zoning Appeals that Use Variance Docket No.
17040002 UV is denied and Development Standards Variance Docket Nos. 17040003V,
17040004V, and 17040005V are denied.
Executed as of this day of November, 2017.
Alan Potasnik
CHAIRPERS N, Carmel Board of Zoning Appeals
Attested by:
Maggie C red ord
SECRETARY, Carmel Board of Zoning Appeals
3
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iCity oof Carmel
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Date: November 9, 2017
To: Carmel Property Owner
e/
From: Michael Hollibaugh, D. e or, Department of Community Services
Re: Zoning Determination—Lucas Estate and Party Hall
A Zoning Determination was made by the Director of the Department of Community Services
regarding the use of the Lucas Estate as a Special Event Venue/Meeting or Party Hall operation.
This Determination is intended to clarify the extent of which the Lucas Estate is allowed to be
used for Short-term Outdoor Special Events consistent with Carmel's zoning laws. The specifics
of the Director's Determination are further described in the attached letter.
You are receiving this letter as an adjoining property, to inform you of this Determination and of
your right to appeal the Director's Determination.
Should you disagree with this Determination you may make a formal appeal to the Carmel Board
of Zoning Appeals (BZA),pursuant to the Carmel Zoning Ordinance, Chapter 30.0 and subject
to formal application made to the BZA within thirty(30) days of the written Determination. If
you disagree with this Determination and wish to file an appeal to the BZA, please contact Angie
Conn, Planning Administrator, at(317) 571 2417, or email; aconn@carmel.in.gov.
Appeal applications must be filed with the BZA by Monday, December 11, or, after which, this
Determination will be final.
CARMEL BOARD OF ZONING APPEALS
FINDINGS OF FACT
Docket No. 17040002 UV, 17040003V, 17040004V, and 17040005V
Petitioner: Lucas Living Trust
This matter came before the Carmel Board of Zoning Appeals ("Board") on a Petition for
Variances of Use and Development Standards, captioned as the Lucas Estate Special Events
Venue/Meeting or Party Hall, which was filed by the Petitioner, the Lucas Living Trust, and
docketed as 17040002 UV, 17040003V, 17040004V, 17040005V and 17040006V.
According to the Petition, the Petitioner was seeking approval to operate a Special Events Venue
on property situated in the S-1/Residence District which is also within the West 116`h Street
Overlay Zone. The purpose and intent of the S-1/Residence District, according to Section 5.00 of
the Cannel Zoning Ordinance, "is to provide for the development of innovative residential
environments in keeping with the rural character of this district, by providing for a development
process that allows a high degree of flexibility in the design of single-family subdivisions.
Further, it is the purpose of this district to provide for a development process that allows for
more efficient use of the land through the introduction of open space and conservation lands
within subdivisions. It is the intention of this district to protect remaining significant natural
features within this district by placing an emphasis on less intensive urban land uses."Moreover,
the purpose of the West 116`h Street Overlay Zone, according to Section 23G.00 of the Carmel
Zoning Ordinance, "is to protect the estate character of the area."
The Special Events Venue, if approved, would host charitable events, corporate functions, and
weddings. Events could range from 20 guests to more than 500 guests. Parking lots at the Special
Events Venue would contain approximately 420 parking spaces.
Pursuant to IC 36-7-4-918.4 regarding variances of use, the Petitioner bears the burden of
proving the following: (1) the approval will not be injurious to the public health, safety, morals,
and 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; (3) the need for
the variance arises from some condition peculiar to the property involved; (4) the strict
application of the terms of the zoning ordinance will constitute an unnecessary hardship if
applied to the property for which the variance is sought; and (5) the approval does not interfere
substantially with the comprehensive plan.
1
The Board conducted hearings on August 28, 2017 and September 25, 2017 where it heard
testimony from the Petitioner, supporters of the Petitioner, and remonstrators. Before the hearing
the Petitioner withdrew 17040006V. The Board enters the following findings of fact.
1. Whether the approval would be injurious to the public health, safety, morals, and
general welfare of the community.
After considering and weighing the evidence, the Board finds that the Petitioner failed to meet its
burden of proof because the variances pose a significant threat to public health and safety. The
Special Events Venue, as proposed, would allow for up to 700 guests and up to 420 vehicles for
social outings. The Special Events Venue would, among other things, generate excessive noise,
traffic, and night-time lighting in a residential area having a rural character. Further, only a
portion of the Special Events Venue is connected to a sanitary sewer.
2. Whether the use and value of the area adjacent to the property included in the
variance would be affected in a substantially adverse manner.
The Special Events Venue would be expected to host as many as 60 events per year with the
average event having 200-400 guests, but with large events having 700 guests. After considering
and weighing the evidence, the Board finds that the Petitioner failed to meet its burden of proof
because the Special Events Venue, if approved, would impact adjacent residential uses in a
substantially adverse manner by allowing a "Party Hall" operation that essentially comprises a
commercial banquet facility, which would fail to protect the estate character of the area.
3. Whether the need for the variance arises from some condition peculiar to the
property involved.
After considering and weighing the evidence, the Board finds that the Petitioner failed to meet its
burden of proof because the Petitioner has not identified anything peculiar about the property
that prevents it from being used for residential purposes. In fact, the Petition itself provides that a
"local developer submitted [the] highest offer to purchase the Irsay Estate last year and in an
effort to prevent many new homes from being built on those 39 acres," the Lucases bought the
property. The property, therefore, could be used for the development of an innovative residential
environment, as intended by the Carmel Zoning Ordinance. The fact that the Petitioner would
prefer not to pursue such a development does not support granting a variance.
4. Whether the strict application of the terms of the zoning ordinance would constitute
an unnecessary hardship if applied to the property for which the variance is sought.
After considering and weighing the evidence, the Board finds that the Petitioner failed to meet its
burden of proof. The Petition states that the highest bidder for the property was a residential
developer, meaning that the property could be utilized for residential development, which is
allowed by right by the Carmel Zoning Ordinance. The fact that the Petitioner does not want
residential development nearby is not an unnecessary hardship.
2
5. Whether the approval would interfere substantially with the comprehensive plan.
Carmel's Comprehensive Plan, among other things, intends to "[p]reserve the estate character of
West Carmel by protecting large-lot residential areas." Approving the Special Events Venue in
the midst of large estate residences would allow a business use to take place in an established
residential area, which conflicts with Carmel's Comprehensive Plan. As a result, the Board finds
that the Petitioner failed to meet its burden of proof.
DECISION
It is therefore the decision of the Carmel Board of Zoning Appeals that Use Variance Docket No.
17040002 UV is denied and Development Standards Variance Docket Nos. 17040003V,
17040004V, and 17040005V are denied.
Executed as of this day of November, 2017.
Alan Potasnik
CHAIRPERS N, Carmel Board of Zoning Appeals
Attested by:
7117a1/0
Maggie Cr
SECRETARY, Carmel Board of Zoning Appeals
3