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Home My WebLink AboutDept Report 12-18-01 ~ CARMEL/CLAY PLAN COMMISSION DEPARTMENT REPORT December 18, 2001 9h. Docket No. 144-01 Z; Gray Road and 96th Street (Rezone) The site is located at the northeast comer of Gray Road and 96th Street. The petitioner is requesting a rezone a 4.53 acre site from S-l (Residential) to B-8 (Business). Filed by E. Davis Coots of Coots Henke & Wheeler for Glendale Partners/Gray Road LLC. The applicant is proposing to rezone 5.02 acres at the northeast comer of Gray Road and 96th Street. The applicant has provided a conceptual site layout, building elevation, tract description and survey drawing. The Department Requests that the applicant provide the following additional information: 1. An Ordinance: If the submitted drawings reflect something the applicant desires to commit to build, they need to address that through the proposed rezone ordinance or a commitment referenced in the rezone ordinance. Ultimately, the Plan commission is forwarding a recommendation to the City Council on an ordinance not their thoughts on pictures that show a building that could go on the site in a particular way. 2. A traffic operations analysis: The analysis should show include the existing configuration of 96th Street and Gray Road. The entrances reflected in the plan provided by the applicant do not conform to the recommendations received by the Hamilton County Highway Department. At a minimum, the Department would be looking for a commitment by the applicant to dedicate right-of-way on both roads and construct improvements to Gray Road in conformance with the Thoroughfare Plan. 3. The site needs to be split from the parent tract and placed under a separate deed to avoid split zoning of single tract. 4. The applicant should also address the comments made in the attached letter from Mr. Bill Wendling, an attorney representing the Kingswood Homeowners Association. The above mentioned information may be desired by the Commission Prior to holding a Public Hearing on this item. Regardless, at a minimum, the Public Hearing should be left open until the public has an opportunity to review the above mentioned once it is submitted. The Department recommends that this item be forwarded to the Special Studies Committee on Fp.hnHlry 5th for further discussion. This will provide adequate time for the applicant to produce the requested information and for Department review prior to the meeting. At the direction of the Commission, the Department will not place this item on the Committee agenda without first confirming that the requested information is complete and in proper form to deliver to the committee. c: \) :ii I.'i > I\) ill ~~ 11\ . \) ~ t ~ I . . I 'I : II I ~C>. ~ " a% ____<0\ r r---.---.------l . . . I . . I . . I .......-1 .~i .... ""'--------- = Lu_u..., . . I . . I .... f-............._-- _.. , . L_....__J . . . I .___.._.......J INIm1 ~e SITE DATA TOTAL SLOG AREA 'I'OTAL IILDO AREA 28,748 ..... PARKING SPACES P_RA1101S_ 'I'OTAL PAIOONll REQ'D 'I'OTAL PAIUlIlG PROVIDED I 5P1>aI'2DO SF OF BI.IlG 144 SPACES 1IIa SPACES NOTE: _SI1EflNI5~11(;~I'I<tMDB)TO__1E AD1V6f. _ ......._ OIl 51Z15 OF A B.llJlIlI5 (0Il1U1DINIS5/_. HLL FIT OIl nl5511E. ..- ""'YIlE I1E<IlIRB> 0Ill:E A FIIW.._ 1I11I_____YS/oJ/DD_OR oY1'B\ fINAl. lDNIHS AI!VID\I & GOtft.211!D. . -e SITE PLAN s:::2 5GALEt .. . ~ o If ~r Iii ~J1 8i! ;If !i o _._.- .-...--~.. -- -.. "0 c: ~ t... tJ U '*~ ~ l~ i [l! ~ -Q: II ~ gfa...!! ..., S i i ~ oeO ~ ~ Prelim Slta Plan SchBma # ~ -- -- N90.00'OOME 235.00' S07.45'JS-e: 201.8"5 N90.00'OO.E 151.11' NOO-21 '37'( 473,14' 1 218.. 702 sq. ft. 5.02 Qcres N46.16'03'W S86.05'07'V 25.95' 889-53'58'\1 150.33' N78.47'26.V 40.00' 50.99' -------------...- .. -----..----..- -_.--- -........ --..-- ---.......---- ----.. ---- - .- .. S4S.00/00'E 106.07' . N90.00'OO.E 141.26' 889.54 #00.\1 373,30' SOO.OO'OO.E 215.00'. (5LiJl:r, &"NC/I.. OACf-/ ~~ J-~ i CAMPBELL KYLE PROFFITT ATTORNEYS AT LAW JOHN M. KYLE JOHN D. PROFFITT ROBERT F. CAMPBELL JEFFREY S.NICKLOY DEBORAH L. FARMER WILLIAM E. WENDLING. JR. ANNE HENSLEY POINDEXTER ANDREW M. BARKER MICHAEL A. CASATI JOHN S. TERRY December 4, 2001 RODNEY T. SARKOVICS SCOTT P. WYATT AMY E. HIGDON FRANK S. CAMPBELL (1880.1964 ) FRANK W. CAMPBELL (1916-1991) Mr. Michael Hollibaugh, Direqtor Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 THOMAS D. TITSWORTH Of Counsel \ 2) / "-" \ . -.- -'. ""G?A ... t)-:7'" ," "I..,':'~./ \.... ~ ...... / J "~ ~~\ (;:~l . ,:- ~... fj RECE'VEO I::) DEe 6 2001 \~ DOCS \~~:;'~:.'-' <~~!2:J:EJ:0f;:/ Re: Kingswood Homeowners Association Dear Mr. Hollibaugh: As you will recall, I represent Kingswood Homeowners Association and in that capacity, I am making the following request.. ." . . . This letter is to proVide public input to Docket No. 144-01Z, a Rezone Application for Glendale Partriers for certain property at the corner of Gray Road and 96th Street, scheduled for public hearing on December 18, 2001. As you are aware, this property is the subject of an action pending in Superior Court relative to existing uses that we believe are not permitted in the S-1 classification for this property. We wish to place before the Plan Commission the following issues to be addressed with respect to this application. This property has not been subdivided, nor are we aware of any pending applications to do so. Ifultimatelyapproved, this application will provide for dual zoning on a single parcel of property. Since the application has been submitted by Glendale Partners ''under contract" with Martin Marietta, but Martin Marietta is not a party to the Application, the request for rezone is on speculation. In this regard, the application is incomplete and should be dismissed. While the subject property is zoned S-1 (residential), its current use includes commercial, industrial and business uses not permitted in S-1 zoning. We believe that any action to rezone this property should include a remedy for these non conforming uses. If current uses on the section to be rezoned are to be transferred to the remaining property not to be rezoned, we believe this requires disclosure. In particular, any uses to be transferred should comply with the zoning of the property to which it is being transferred. 650 East Carmel Drive Suite 400 Carmel, Indiana 46032 (317) 846-6514 FAX (317) 843-8097 " i Mr. Michael Hollibaugh December 4, 2001 Page 2 We request that should this application proceed in its current state that the application be sent to the Special Studies Committee for review of the above issues and that the public hearing be kept open until these matters are resolved. . Sincerely, CAMPBELL KYLE PROFFITT L)~' William E. Wendling, Jr. WEW/mew cc: Kingwood Homeowners Association E. Davis Coots 7904-1 CAMPBELL KvLE PRo1<1<ll"l" ATTORNEYS AT LAW