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HomeMy WebLinkAboutApplication v u Page 10ft Conn, Angelina V Conn, Angelina V Tuesday, June 13, 2006 11 :24 AM Tingley, Connie S Coy, Sue E; 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; 'ahurt@civil- designs.com'; 'dpellom@civil-designs.com' Subject: Docket No. Assignment: (V) Weston Pointe - Huntington National Bank (#06060009 V) Attachments: BZA Public Notice Sign Procedure.pdf From: Sent: To: Cc: I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Weston Pointe - Huntington National Bank. It will be the following: Docket No. 06060009 V $1,016.00 Total Fee: $1,016.00 Weston Pointe - Huntington National Bank The applicant seeks the following development standards variance approval: Docket No. 06060009 V Chapter 23C.10.03 Greenbelt & Parking Lot Perimeter Planting The site is located at 11055 N Michigan Rd and is zoned B-2/Business within the US 421 Overlay. Filed by Darci Pellom of Civil Designs, LLP for Huntington National Bank. - Petitioner, please note the following: 1. This Item will not be on agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, July 14. Published notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached pdt). 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, July 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, July 14, 2006. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the August agenda of the BZA. 5. This Item will appear on the June 26, 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. Ms. Pellom can be contacted at 244-1968 (phone), 244-1969 (fax). Department's Review Comments; 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.) Provide filled out Notice of Public Hearing form (page 5 of the application). 3.) Provide filled out and notarized Petitioner's Public Notice Affidavit (page 6 of the application). 4.) Clarify the square footage of planting area and the number of plantings you are moving, compared to what is required by the ordinance. Provide a written statement, as well as a highlighted site plan, to show what you are . proposing. 5.) Provide the signed & notarized public hearing notice sign placement affidavit. 6.) Please make checks payable to the City of Carmel. 6/13/2006 u u f) Q~c't~t\) \'\ ~\\lQ DEVELOPMENT STANDARDS VARIANCE REQUEST . . ~~~\_~'1l . n(\\'~ FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each additional ~on of the ordinance being varied. ", .' -_ _ All Other $1,016.00 for the first variance, plus $481.00 for each additional section of the ordinance being varied. OR see Hearing Officer Fees DOCKET NO. OloOlo CtX)q V CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DATE RECEIVED: 1) Applicant: Darci Pellom. Civil Desians. LLP Address: 2415 Directors Row, Suite E Indianapolis,lN 46241 2) Project Name: Huntington National Bank at Weston Pointe Engineer/Architect: James M. Peck, Civil Designs, LLP Phone: 317-244-1968 Phone: 317-244-1968 Attorney: None Phone: x (a) The applicant's name is on the deed to the property LLQfOV\ H. ur+- ~ ahU(t-@: CI\J; \- des fJ Vl-S, . C.Cfvv,\ 3) Applicanfs Status: (Check the appropriate response) (b) The applicant is the contract purchaser of the property (c) Other: 4) If Item 3) (c) is checked, please complete the following: Huntington Bank Cheryl Pitzer, Owner Representative & Ron Bell Owner Owner of the property involved: Representative Williams Realty Owner's address: 3158 East Thompson Road Indianapolis, IN 46227 Phone: 317-781-3659 Williams Realty Group: 9830 Bauer Drive Indianapolis, IN 46280 5) Record of Ownership: Deed Book NO./Instrument No. 6) Purchase date: Outlot 1 = 06-05-06 \tbSS Common address of the property involved: Outlot 1 =,Ul$!5 North Michigan Road Page: Outlots 2 & 3 = \\aSS Legal description: See attached T M P I N 17-13-06-00-00-033.002 ax ap arce 0.: 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). Reallocate a portion of the U.S. 421 Overlay Bufferyard required planting to the rear of the lot while adding 1 more shade tree, 1 more ornamental tree and 15 shrubs per 100 LF to the 30' greenbelt with the remainder of the bufferyard to be added to the required landscaping in the rear of the lot minus the ingress/egress aisles. L- ~~ ?. ~ C . \ () . 0 .3 ~ ? Chapter 23C.10.03-5b Parking Lot Perimter Planting. Page 1 of 8 - z:\shal8d\fonnslSZA appllcations\ Development Standards Vertanca Application rev. 0110312006 u u 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). Same amount of landscaping onsite, just more evenly distributed across the entire site and not just along the front. 9) Present zoning of the property (give exact classification): B2IBusiness 10) Size of lot/parcel in question: Outlot 1 = 1.16 Ac Outlot 2 = 0.98 Ac Outlot 3 = 1.22 Ac acres 11) Present use of the property: vacant - undeveloped lots 12) D 'b th d fth rty Outlot 1 is a 2500 SF Bank with 3 drive-thru lanes and 24 parking spaces to escn e e propose use 0 e prope : accomodate. Outlot 2 & 3 are yet to be determined. 13) Is the property: Owner occupied yes Renter occupied Other 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use 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: No Builder: 16) If proposed appeal is granted, when will the work commence? Outlot 1 = August 1, 2006 Outlots 2 & 3 will be required to have ADlS approval 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Outlot 1 = Huntington National Bank Outlots 2 & 3 to be determined 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 assianed until all supportina information has been submitted to the Department of Community Services. Page 2 of 8 - z:\shal1ld\fonnsISZA applications\ Development Standards Variance Application rev. 0110312006 1 w u ADJACENT PROPERTY OWNERS LIST The applicant certifies by signing this application that he/she has been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of hislher attomey. I, , Auditor of Hamilton County, Indiana, certify that the attached (Please Print) affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS EXAMPLE ONLY: Formal list request sheet & official list may be acquired from the Hamilton County Auditor's Office (776-8401). Auditor of Hamilton County, Indiana--Signature Date Page 3 of 8 - z:\sharedlforms\BZA applications' Oavelopment Standards Variance Application rev. 0110312006 ". u u AFFIDAVIT I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. ' Slpd:~~~ jlYL ~-1o<v ~ &-7-0fs, (Prop rty Owner, Attorney, or Power of Attorney) Date ()h~) 1/-. p,~ ~ HI/~'-h,4olt &-h k (Please Print) STATE OF INDIANA SS: County of Mavrioh (County in which notarization takes place) Before me the undersigned, a Notary Public for }l\avYiD h (Notary Public's county of residence) County, State of Indiana, personally appeared r and acknowledge the execution of the foregoing instrument this ~{t1 day of ()vt V1e , 20 0 (p ...,.~.. ..-.IAft ~ d.ana "'-'state on~, ~~ "~1~ ..._~. , . t-- ' ','." """.'.~e;""'''' E~.~'."~".: - . MY Cern""'. ' Notary Public-Please Print My commission expires: ~ 11~ {w t ~ Page 4 of 8 - z:\shared\fonns\BZA applications\ DavelopmanlSlandards Variance Application rev, 0110312006 .~ w u AFFIDAVIT I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony.~, S>;jned: __~ i-....1. rJJb (Property er, Attomey, or Power of Attorney) =; "" ~\~ (Please Print) 'N\ ~Q.QCJ:::~ n STATE OF INDIANA SS: County of ffi.o..t \M (County in which notarization takes place) Before me the undersigned, a Notary Public ~\'\l\~ (Notary Public's county of residence) County, State of Indiana, personally appeared for -:p~~ (Propert9 Own Attorney, or Power of Attorney) and acknowledge the execution of the foregoing instrument this q4k day of ~ ,20 tJ ~ Notary Public Seal State of Indiana JODI N. MARSHALL Resident of Hancock Co. My Commission Expires Sept. 7, 2011 q,~1{ o Public-Signature ~DDIMlllx~h'Lll Notary Public--Please Print M~mmission e~ires: , pt. +l dOl \ Page 4 of 8 - z:\shal8d\formslSZA appllcations\ Developmant Standards Variance Application rev. 0110312006 .~ ~ u NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Docket No. Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the day of , 20 at _ pm in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Development Standards Variance application to: (explain your request-see question numbered seven (7)) property being known as The application is identified as Docket No. The real estate affected by said application is described as follows: (Insert Legal Description) All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. PETITIONERS Page 5 of 8 - z:\shallld\fonns\BZA applicatlons\ Development Standards Variance Application rev. 0110312006 u u PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS I (WE) DO HEREBY CERTIFY THAT NOTICE OF (petitioner's Name) PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number , was registered and mailed at least twenty-five (25)* days prior to the date of the publiC hearing to the below listed adjacent property owners: OWNER ADDRESS STATE OF INDIANA SS: The undersigned, having been duly swom upon oath says that the above information is true and correct and he is informed and believes. Signature of Petitioner County of (County in which notarization takes place) Before me the undersigned, a Notary Public for County, State of Indiana, personally appeared (Notary Public's county of residence) and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) day of ,200 Notary Public-Signature (SEAL) Notary Public--Please Print\ My commission expires: *10 days notice for a BZA Hearing Officer Meeting Page 6 of 8 - z:\shared\forms\BZA appllcations\ Development Standards Variance Application ",v. 0110312006 " u u CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS DAY OF .20 Board Member Page 7 of 8 - z:\shared\forms\BZA applicatlons\ Development Standards Variance Application rev. 0110312006 l) u CARMEUCLAY 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 site will be balanced in greenspace on all sides and does affect the movement of the public in and around the site. 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: A variance is being sought along the entire length of U.S. 421 to keep the curb line uniform. Some of the bufferyard will added to the planted greenbelt while the others will be dispersed around the outlots. The impervious area in the will be reduced to the rear of the sites and buffer the rear of the outlot buildings from the access drive into Weston Pointe Retail 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: As the overall plan was approved without the six foot bufferyard, the curb line was the beggining point when laying out the Weston Pointe Retail Center and could impace the center as a whole and the existing utility easements that traverse that site. 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). Page 8 of 8 - z:\shared\formslSZA applicatlons\ DllVIllopmenl Standards Variance Application rev. 0110312006 Q.,J u LEGAL DESCRIPTION: Being a part of the Southwest Quarter of Section 6, Township 17 North, Range 3 East, Clay Township, Hamilton County, Indiana more particularly described as follows: Commencing at the northeast comer of the Southwest Quarter of Section 6, Township 17 North, Range 3 East; thence South 89 degrees 56 minutes 26 seconds West 1,377.69 feet along the north line of said Southwest Quarter to the northwest comer of Block "C" of the Plat of Townes at Weston Pointe Section 1 recorded in instrument number 200400067374, Plat Cabinet 3, Slide 489 in the Office of the Recorder of Hamilton County, Indiana, said point being the Point of Beginning; thence South 15 degrees 04 minutes 16 seconds East 544.31 feet along the westerly line of said Block "C" to the northern right-of-way line of Weston Pointe Drive (variable right-of-way width); thence along said right-of-way line the following six courses; 1) thence North 72 degrees 06 minutes 32 seconds West 106.87 feet to the point of curvature of a curve concaved to the left having a radius of 230.00 feet; 2) thence northwesterly and southwesterly 124.97 feet along the arc of said curve with a chord bearing of North 87 degrees 40 minutes 31 seconds West and a chord length of 123.44 feet; 3) thence South 76 degrees 45 minutes 30 seconds West 289.07 feet to the point of curvature of a curve concaved to the left having a radius of 185.00 feet; 4) thence southwesterly 21.78 feet along the arc of said curve with a chord bearing of South 73 degrees 23 minutes 08 seconds West and a chord length of 21.77 feet; 5) thence South 70 degrees 00' minutes 45 seconds West 55.36 feet to the Point of Beginning; 6) continuing South 70 degrees 00 minutes 45 seconds West 176.15 feet; 7) North 62 degrees 32 minutes 23 seconds West 57.89 feet to the eastern right-of-way line of Michigan Road (U.S. 421); thence along said right-of-way line, North 15 degrees 04 minutes 16 seconds West 201.44 feet; thence North 74 degrees 55 minutes 49 seconds East 218.16 feet; thence parallel with said Michigan Road right-of-way, South 15 degrees 04 minutes 16 seconds East 225.47 feet to the Point of Beginning, containing 50,324 square feet or 1.155 acres, more or less. ~ u LEGAL DESCRIPTION Being a part ofthe Southwest Quarter of Section 6, Township 17 North, Range 3 East, Clay Township, Hamilton County, Indiana and also being a part of a tract of land described in deed to P.L. Partners recorded in Instrument No. 200400043279 in the Office of the Recorder of Hamilton County, Indiana more particularly described as follows: Commencing at the northeast corner of the Southwest Quarter of Section 6, Township 17 North, Range 3 East; thence South 89 degrees 56 minutes 26 seconds West 1,377.69 feet along the north line of said Southwest Quarter to the northwest corner of Block "C" of the Plat of Townes at Weston Pointe Section 1 recorded at instrument nu'mber 200400067374, Plat Cabinet 3, Slide 489, said point being the Point of Beginning; thence South 15 degrees 04 minutes 16 seconds East 544.31 feet along the westerly line of said Block "C" to the northern right-of-way line of Weston Pointe Drive (variable right-of-way width); thence along said right-of-way line the following six courses; 1. thence North 72 degrees 06 minutes 32 seconds West 106.87 feet to the point of curvature of a curve concaved to the left having a radius of 230.00 feet; 2. thence northwesterly and southwesterly 124.97 feet along the arc of said curve with a chord bearing of North 87 degrees 40 minutes 31 seconds West and a chord length of 123.44 feet; 3. thence South 76 degrees 45 minutes 30 seconds West 289.07 feet to the point of curvature of a curve concaved to the left having a radius of 185.00 feet; 4. thence southwesterly 21.78 feet along the arc of said curve with a chord bearing of South 73 degrees 23 minutes 08 seconds West and a chord length of 21 .77 feet; 5. thence South 70 degrees 00 minutes 45 seconds West 231.51 feet; 6. thence North 62 degrees 32 minutes 23 seconds West 57.89 feet to the eastern right-of-way line of Michigan Road (U.S. 421); thence North 15 degrees 04 minutes 16 seconds West 633.57 feet along said right-ot-way line to the north line ot the Southwest Quarter ot Section 6, Township 17 North, Range 3 East; thence North 89 degrees 56 minutes 26 seconds East 819.42 feet along said north line to the Point of Beginning and containing 445,359 square feet or 10.224 acres, more or less. Subject to all legal highways, easements and restrictions of record. The bearings used in this description are referenced to the north line of said plat .of THE TOWNES AT WESTON POINTE, SECTION 1, SECONDARY PLAT bearing North 89 degrees 56 minutes 26 seconds East. c::) ho h. 111 h2 h. h. """""'1~oIl"""""'I""II~ INSTRUWENT ~727""-'" 1!:.....u'. ~ -.,!" lIIlICIllPIION: ElCISIIIO~ ElCISIIIOSRllI!: ElCISIIIO CCNCllEIE _BENCH _ _ ClRD __SEr PI( _ RlUIID _ _ RlUIID lION PIPE RlUIID EI.El:I1ICI. PEI&lH.. POIIUl PCI.E W~ _ -.au: - \j CUll N.EJ' IUf 1UDHllI4E _ _ -.au: 1UDHllI4E I'EIlEll1lOL 1IU.loeCN I'EIlEll1lOL DB:IlUDUS 11lEE CCNFrJlOUS 11lEE -~ -- Uno LcIlldooapo- --~-~. . A . e . CD iD- Vf II ~ J i I ,I \\ II \\ \\ II " \ \, " , " , '\, " . . h. lIIlICIllPIION: y_ fEU) fDlCE f\DIIUNE -oh'll-- ~ :::::::: = EUX:lIICum: --!/lIpt-- fBIt OPtIC ...TfJSPtII:IIIE. ---.Ir--- MDt LM --.9<"--- CMS LIE IN tal 1llC IlCP P\O: ';CP ClIP - E.S. R/W 1111 CONC. 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OlJ/C7IJ Zww Z @ _ WAlJ( llOM. oatC7.o -~~ @ S'tIIIIOI. llOM. 04/C7.o <( -- o cCl <( (0 scmNED tRASH llOM. a1/C7IJ o..~U ~ @ _ SIGN ENClOSURE IIIlH GAlE llOM. 11/C7.o N <( @ IlECllIIIVM: PA'IERS Z'<l" <D IIOIUIDlI SIGN IJ[fAL 14/C7.o 00 > @ _1 WAlJ( @ RIGHT OF WAY Pl\\9ENT 1-::1 V') UJ ~ .",-..._..._n._..._..._..o ......--- ...............~ c:) ~o 111 ~2 ~. ~. ~, PROJECT NUMBER 05-123 DESIGN PHASE VARIANCE PLAN NUMBER EX-1 SHEET OF