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HomeMy WebLinkAboutApplication & Docs SPECIAL USE TYPE OF APPLICATION CITY OF CARMEL/CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DOCKET NO. DATE RECEIVED ( 1 ) Applicant: Carmel Clay School Corporation Address : 5201 East 131st Street, Carmel, IN 46032 Phone No. : ( 317 ) 844-9961 ( 2 ) Project Name: Carmel High School Athletic Fields Engineer/Architect: Everett I . Brown Company Phone No. : ( 317 ) 237-7000 Attorney: Campbell Kyle Proffitt ( 3 ) Applicant' s Status : (check the appropriate response) (a) The applicant' s name is on the deed to the property X (b) The applicant is the contract purchaser of the property (c) Other: ( 4 ) If item ( 3 ) (c) is checked, please complete the following: Owner of the property involved : Owner ' s Address : Owner ' s Phone No. : ( 5 ) Record of Ownership: Instrument Nos . 8703366 , 8901568 2/13/87 Deed Book No. : Page Purchase Date 1/28/89 ( 6 ) Common Address of the Property Involved : None-agricultural field located on northwest corner of intersection of Keystone Avenue and 136th Street. Legal Description: See attached . Tax Map Parcel No. : 10-19-00-00-009 10-19-00-00-010 10-19-00-00-024 Revised 2/11/88 Page 2 ( 7 ) Type of Appeal : (check the appropriate response) (a) Request for a variance according to Section 30 . 4 Use Variance Developmental Standards Variance (b) Request for an Appeal from the Decision of the Director of the Department of Community Development according to Section 30 . 1 X (c) Request for a Special Use according to Section 21 . 0 ( 8 ) State explanation of requested Variance/Appeal/Special Use: (State what you want to do and cite the section number of the Zoning Ordinance which applies and/or creates the need for this Appeal. ) Section 7 . 2 of the Carmel Zoning Ordinance requires that Special Use approval be sought for schools in the R-1 district. Carmel High School is proposing the construction of a 6 ,000 seat stadium and several athletic practice fields for use by the school corporation and community. ( 9 ) State reasons supporting the Variance/Appeal/Special Use: ( If filing for a variance, complete the attached form' entitled "Findings of Fact-Variance" . ) The property will be connected to the existing High School campus and is well-suited for athletic fields , since it is fairly level, has no improvements on it and is not wooded . It adjoins a high-volume roadway, which will help distribute traffic from large events . ( 10 ) Present Zoning of the property: (Give exact classification) R-1 ( 11 ) Present use of the property : agricultural, single-family home. ( 12 ) Describe the proposed use of the property: Carmel High School football , track and field stadium and athletic fields ( 13 ) Is the property: Owner occupied X Renter occupied X Other : farmed ( 14 ) Are there any restrictions , laws , convenants , variances , special uses, or appeals filed in connection with this property that would relate or affect its use for the speci- fic purpose of this application? If yes, give date and docket number, decision rendered , and pertinent explanation. ADLS Docket No. 47-90 ADLS; application pending, Plan Commission review - June 19 , 1990 Page 3 ( 15 ) Has work for which this application is being filed already started? If answer is "yes" , give details . (Building Permit No. No (Builder ( 16 ) If proposed appeal is granted, when will the work commence? August, 1990 ( 17 ) If the proposed Appeal is granted, who will operate and/or use the proposed improvements for which this application has been filed? Carmel Clay School Corporation, citizens of Carmel ( 18 ) Type of Notification (check the appropriate response) X (a) LEGAL NOTICE in the Noblesville Daily Ledger and Carmel New Tribune . (attached Publisher ' s Affidavit) X (b) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to adjoining property owners . ( attach proof of mailing and return receipts ) (c) HAND DELIVERED to adjoining property owners . (attach Petitioner ' s Affidavit of Notice of Public Hearing for hand delivered notification) NEWSPAPER NOTIFICATION AND ALL OTHER TYPES OF NOTIFICATION MUST BE DONE 30 (THIRTY) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that Docket Numbers will not be assigned until all supporting information has been submitted to the Department of Community Development. The Applicant certifies by signing this application that (he or she) has been advised that all representations of the Department of Community Development are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of (his or her) attorney. Page 4 I , Polly Pearce, Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete listing of the adjoining and adjacent property owners concerning Docket OWNER ADDRESS Edwin Joseph Bowers 2525 E. 136th Street Cora Ellen Bowers Carmel, IN 46032 Margaret L. Hull, Joan D. Brennan 2724 East 136th Street Mark Edward, Kevin Douglas Carmel, IN 46032 Joseph Terence & Kathleen Brennan Debra Burkhard 2515 Smokey Road Carmel, IN 46032 C. D. F. Service Corp. 3232 Harper Road Indianapolis , IN 46240 Cool Creek Association, Ltd . 3901 W. 86th Street, Suite 470 Indianapolis , IN 46032 Jack Critser 2111 E. 136th Street Linda D. Critser Carmel, IN 46032 Steve L. Dehne 2907 E. 136th Street LAKEVIEW HEALTH CARE CENTER Carmel, IN 46032 Michael R. Green 2525 E. 136th Street Cathy L. Green Carmel, IN 46032 Norman D. Jacobs 1945 E. 136th Street Carmel, IN 46032 Rodney L. McElfresh 2415 E. 136th Street Ellen G. McElfresh Carmel, IN 46032 John David McRill R. 1 , Box 10 Paula Marie McRill Carmel, IN 46032 Hazel Medina-Rodriguez 2339 E. 136th Street Carlos Rodriguez Carmel, IN 46032 Mary Virginia Megenhardt 1940 E. Smokey Road Carmel, IN 46032 Glenn W. Thebert 2633 E. 136th Street Jarriette C. Thebert Carmel, IN 46032 Page 5 OWNER ADDRESS Samuel W. Wehmeier 2407 E. 136th Street Carmel, IN 46032 Jerry M. York 40 Maplecrest Drive Margaret Ann York Carmel, IN 46032 Ferrie Wilson 2323 E. 136th Street Carmel, IN 46032 AUDITO OF HAMLTON COUNTY, INDIANA Page 6 (I -ee-j Deborah L. Farmer 2t.±furtiLui fur being duly sworn depose and say that (I•or We) (am or a-rc}, the e .4-) 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 or our) knowledge and belief. Signed: k,t AJ?t-A-l -VnAJ i- Subscribed and sworn to before me this 18th day of June 1990 . �- 71-1/0-ze_<__A— Notary Public Melanie Sue Flinchum Printed Resident of Hamilton County January 10, 1993 Commission expires Developmental Standards Variance $100 . 00 plus $50 . 00/additional Special Use 1 or 2 family residential $100 . 00 All other $250 . 00 Use Variance $250 . 00 CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. : Public Hearing Date: Petitioner: Notice Requirements Met: FINDINGS OF FACT - SPECIAL USE EXCEPTIONS 1 . The Special Use in Flood Plain District, Ordinance 2160, Section 21 . 6 as amended (does ) (does not) apply and all prerequisites have been met by Petitioner as verified by: Review of NFIP community flood hazard maps . No improvements are proposed for any flood hazard area. 2 . The Special Use Exception will be consistent with the Character and Permitted Land Use of the zoning district and Carmel-Clay Comprehensive Plan because: All residential districts allow school facilities as special uses, and the proposed site is contiguous to the existing High School. 3 . The Special Use is physically suitable for the land in question because: The proposed use will generally maintain the open space character of the existing site and will have access to all necessary utili- ties and infrastructure. 4 . The Special Use will not injuriously or adversely affect the adjacent land or property values because: The site is designed to be compatible with existing residential properties and will bring road improvements and municipal water supply to the area. 5 . The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage, or storm drainage facilities, or police or fire protection because: Many utilties and infrastructure improvements are on or adjacent to the site. Those that are not, will be brought during construction of the facilities . 6 . The Board has reviewed the requirements of Ordinance 2160 , Section 21 . 3 ( 1-25 ) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Exception: DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Special Use Exceptions Docket No. is (not) 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 , 1990 . Attest: SECRETARY, Carmel Board of CHAIRMAN, Board of Zoning Zoning Appeals Appeals • , • •4 44* Part of the South Half of Section 19 , Township 18 North, ' ' Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: 4 Beginning at the Southeast corner of the Southwest Quarter ,of Section 19, Township 18 North, Range 4 East, Clay Township; 'Hamilton County, Indiana; thence South 90 degrees 00 minutes : 00 seconds West (assumed bearing) on the South line of said • Southwest Quarter 1153. 50 feet to the Southwest corner of the ' Real Estate described in Instrument #891568 in the Office of the Recorder of Hamilton County, Indiana; thence North 01 • degree 18 minutes 51 seconds West on the West line of the Real Estate described in said Instrument 4891568 a distance of 1353 .00 feet to the South line of the Real Estate described in Instrument #873366 in said Office; thence South '90 degrees 00 minutes 00 seconds West on the South line of the Real Estate described in said Instrument #873366 a distance of 414 . 67 feet; thence North 66 degrees 24 minutes 54 seconds East on a North line of the Real Estate described in said Instrument #873366 a distance of 1046 . 66 feet to the Southeasterly line of the right-of-way for State Road 431 as per ISHC Plans for Project No. S-165 ( 14 ) dated 1960; thence South 43 degrees 39 minutes 55 seconds East ( this and the . next eight ( 8) courses are on the right-of-way for State Road 431 as per ISHC Plans for Project No. S-165 ( 1.4 ) dated 1960) a distance of 719 . 79 feet; thence South 42 degrees 06 minutes 08 seconds East 200. 06 feet; thence South 44 degrees 42 minutes 13 seconds East 391. 98 feet to the point of curvature of a non-tangent curve whose radius point bears South 46 degrees 27 minutes. 57 seconds West 3732 .72 feet from the point of curvature; thence Southeasterly on said curve an arc distance 887 . 42 feet to the point of tangency of said curve; thence South 35 degrees 59 minutes 49 seconds West 72 . 97 feet; thence South 88 degrees 04 minutes 33 seconds West 131. 06 feet to the point of curvature of a non-tangent curve whose radius point bears North 04 degrees 06 minutes 38 seconds West 1864 . 86 feet; thence Westerly on said curve an arc distance of 67. 41 feet; thence South 74 degrees 33 minutes 51 seconds West 102 , 05 feet; thence South 00 degrees 02 minutes 02 seconds West 19 . 00 feet to the South line of the Southeast Quarter of said Section 19 ; thence North 89 : degrees 57 minutes 58 seconds West on the South line of said Southeast Quarter 455 . 50 feet to the point of beginning, containing_ ,53 . 60 acres , more or less. ' Subject to the right-oc-way for 136th Street (Smokey Row :! Road) . • Subject to all legal easements and rights-of-way. • ..Li.;j7R'r I. .. 3f... . - r.. . ,ice.{, Part of the South Half of Section 19, Township 18 North, Range 4 East, in Clay Township, Hamilton County, Indiana, more particularly described as follows: That approximate 1.56 acre parcel of land off of the entire West side of the real estate described in Ex- hibit B to this Contract, which adjacent tract of real estate is located and described as the "Deed Gap Area" on that certain survey of Weihe Engineers, Inc. dated April 12, 1990, as Project No. 90-140. 144.__. fcr the improvement location permits for the s: necessary , or may commence the special use if r required . :: denied , the Board shall inform t; writing, and shall inform the Building Ccmm_ss __ a special use .77' a:ion , a variance , a so zoning amendment concerning the same property for a period of s_.. ( 6 ) month. Failure of the to inform the applicant of the time limits set shall not relieve the applicant of complying ' 21.2.6 Authorization. In no event sha established or an improvement location permit r ments of a special use classification prior to special use by the Board unless otherwise excel 21. 3 Basis of Board Review. The Board, in reviewing the special use application, shall give consideration to the particular needs and circumstances of each special use application and shall examine the following items as they relate to the proposed special use: 1. Typography 2. Zoning on site 3 . Surrounding zoning and land use 4 . Streets, curbs and gutters and sidewalks �,�. Access to public streets driveway and curb cum locations in relation to other sites '7 . Genera es i 8 . Parking location and arrangement 9 . Number of parking spaces needed for the particular special use 10 . Internal site circulation 11 . Building height, bulk and setback 12 . Front, ' side and rear yards 13 . Site coverage by building (s) , parking area (s) and other structures a( 14 . Trash and material storage 15 . Alleys, service areas and loading bays 16 . Special and general easements for public or private use 17 . Landscaping . and tree masses 1S . Necessary screening and buffering 19. Necessary fencing 20 . Necessary exterior lighting 21. On-site and off-site, surface and subsurface storm and water drainage 22 . Utilities on-site and to the site W �_ Deducation_o.t streets and right-of-wy -Tt �Z 24 . Proposed signage (subject to regulations establis-E—d by the sign ordinance) , and 25 . Protective restrictions and/or covenants .