HomeMy WebLinkAboutApplication
u
u
Page 10ft
Conn, Angelina V
Conn, Angelina V
Monday, November 06, 2006 9:52 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; 'Annemarie R
Varga'; 'msolada@binghammchale.com'
Subject: Docket No. Assignment: (V) Sunrise Senior Living (#06110002 V)
Attachments: BlA 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) Sunrise
Senior Living. It will be the following:
Docket No. 06110002 V
Total Fee:
$1,016.00
$1,016.00
Sunrise Senior Living
The applicant seeks the following development standards variance approval:
Docket No. 06110002 V Section 27.08 number of parking spaces
The site is located at northeast corner of Old Meridian St. and US 31. The site is zoned B-6/Business within the
US 31 Overlay.
Filed by Mary Solada of Bingham McHale, LLP for Sunrise Development, Inc.
-
Petitioner, please note the following:
1. Note: This Item is not required to be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, Nov. 23. Published notice is
required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also
required by the BlA Rules of Procedure, Article VI, Section 6 (see attached pdf).
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, Dec. 15.
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, December 8. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the January agenda of the BlA.
5. This Item will appear on the December 18, 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. Solada can be contacted at 317-635-8900 (phone), 317-236-9907 (fax), or email:
msolada@binghammchale.com.
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 (page 5 of the application).
3.) Provide filled out and notarized Petitioner's Public Notice Affidavit (page 6 of the application).
4.) Please provide filled out and notarized placement of public notice sign affidavit.
Thank you.
11/6/2006
u
Q
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST iJ;".
FEE: Sin.gle Famil~ (Pri~ary Residence) $267.00 for the first variance, plus $80.00 for each add~n@; ! . . ;/
ordinance being vaned. ~_:.-'"
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.
DATE RECEIVED:
1) Applicant: Sunrise Development, Inc.
Address: 200 W Huron, Suite 500E, Chicago, IL 60610
t/
(b) The applicant is the contract purchaser of the property
Phone: 312.255.9986
Phone: 317.826.7246
Phone: 317.635.8900
-tQ'f -z, ~tp -' q q 01
..e IMCU~ - Wl )o\ad<L e
'offij ha vYI Me h(L~.( 6Vvt
2)
Project Name: Sunrise of Carmel
Engineer/Architect: Ashton Fritz, Schneider Corporation
Attorney: Mary E. Solada, Bingham McHale LLP
3)
Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(c) Other:
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
Phone:
5) Record of Ownership:
Deed Book No.llnstrument No. 312
Page: 26A
Purchase date: 5-7-79
6) Common address of the property involved: northeast corner Old Meridian & US 31 (no address assigned)
Legal description: see attached
Tax Map Parcel No.: 17-09-35-00-00-011.001
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).
Petitioner requests a variance from the parking standards of Zoning Ordinance Section 27.05 (Amount of
Parking Spaces Required) to permit a 140 unit assisted and independent living facility with 109 parking
spaces (a ratio of 0.78 spaces per unit). -Z 3 ~. I L ~ A .
(\.€duc-*",'OV\ o~ qq ~Q~~'~ spQ;ce~
Page 1 of 8 - z:lshared\fonnsIBZA applicationsl Development Standards Variance Application rev. 0110312006
Q
o
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
The Zoning Ordinance does not give clear standards for assisted and independent living facilities. The
proposed ratio is based on industry standards and national parking studies.
9) Present zoning of the property (give exact classification): B-6/US 31 Overlay
10)
Size of lot/parcel in question: 4.10
acres
11) Present use of the property: undeveloped
12) Describe the proposed use of the property: independent and assisted living facility
13) Is the property: Owner occupied
Renter occupied
Other v' owner managed
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.
DP/ADLS and Zoning Waivers on file (no docket number assigned)
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: NA
Builder: NA
16) If proposed appeal is granted, when will the work commence?
Winter/Spring 2007
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Sunrise Development, Inc.
NOTE: LEGAL NOTICE shall be published in the Indianaoolis 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 ~EAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assianed until all suooortina information has been submitted to
the Deoartment of Community Services.
Page 2 of 8 .:: z:\shared\formslSZA applications\ Development Standards Variance Applicetion rev. 0110312006
Q
Q
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.
Signev'-- ~ S (.) I ~
(Property Owner, Attorney, or Power of Attorney)
11-3-06
Date
Mary E. Solada, attorney for the petitioner
(Please Print)
STATE OF INDIANA
SS:
County of
fv1arlm
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
N1an~
(Notary Public's county of residence)
County, State of Indiana, personally appeared
Ma~ E. ~12ldA
(Property wner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
3ra
day of
NDYan~
,20 Db
(SEAL)
~i~~n~l()
~lxti'A L. StLIl+Z
Notary Public--Please Print
......- .,
My co~~Lhex~41: 2JJ/ L
Page 4 of 8 - z:\shared\formsIBZA applicationsl Development Standards Variance Application rfW. 0110312006
o
o
CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Sunrise Development, Inc.
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 parking ratio will be maintained in a manner to provide adequate parking for residents, employees
and guests.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
The parking ratio will be maintained in a manner to provide adequate parking for residents, employees
and guests.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the
use of the property because:
The Zoning Ordinance does not provide parking standards for assisted or independent living facilities. Use
of parking standards for similar uses results in an over parking of the site and does not allow for sufficient
greenspace to meet the Landscape Ordinance requirements.
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\fonnsIBZA applicationsl Development Standards Variance Application rev. 0110312006
o
Q
Legal Description
Warranty Deed
Book 312, page 26
Peter C. Spooltra
Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range
3 East in Hamilton County, Indiana, described as follows:
Beginning on the East line of the Northwest Quarter of Section 35, Township 18 North,
Range 3 East 1641.00 feet North 00 degrees 02 minutes 42 seconds West (assumed
bearing) from the Southeast comer of said Northwest Quarter; thence South 88 degrees
51 minutes 53 seconds West parallel with the South line of said Northwest Quarter
584.64 feet to the Easterly right-of-way line of U.S. Highway 31 per I.S.H.C. plans for
Project ST-F-222 (9); thence South 00 degrees 01 minutes 08 seconds West on said right-
of-way line 491.61 feet to a point 145.00 feet South 89 degrees 58 minutes 42 seconds
East of highway centerline Station 405+25 (line "K") for said project; thence South 61
degrees 52 minutes 59 seconds East on said right-of-way line 70.41 feet to a point 60.00
feet left of centerline Station 1+75.3 (line S-5-K) for said project; thence North 67
degrees 12 minutes 02 seconds East on said right-of-way line 165.69 feet to a point on
the Northwesterly right-of-way line of Meridian Street (former U.S. Highway #31, per
I.S.H.C. Project No. 222 Section B, dated 1931; thence South 54 degrees 32 minutes 52
seconds East 50.00 feet to the centerline of said Meridian Street; thence North 35 degrees
27 minutes 08 seconds East on said centerline 567.46 feet to the East line of said
Northwest Quarter; thence North 00 degrees 02 minutes 42 seconds West on said East
line 38.91 feet to the place of beginning, containing 4.926 acres, more or less.
Excepting that part conveyed to the City of Carmel by Warranty Deed dated August 19,
1999 and recorded September 17, 1999 as Instrument No. 199909954959 described as
follows:
A part of the East Half of the Northwest Quarter of Section 35, Township 18 North,
Range 3 East, Hamilton County, Indiana, being that part of the land described in Deed
Record 312, page 26, as recorded in the Office of the Recorder of Hamilton County,
Indiana, lying within the proposed right-of-way depicted on the attached Right-of-Way
Parcel Plat of Parce1116-7W of the City of Carmel of Project 97-04, described as
follows:
Commencing at the southeast comer of said quarter section; thence North 1 degree 02
minutes 41 seconds East 1,641.00 feet along the east line of said quarter section to the
northeast comer of the owner's land; thence South 89 degrees 37 minutes 16 seconds
West 33.65 feet along the north line of the owner's land to the northwestern boundary of
Old U.S. 31 and the point of beginning of this description; thence South 36 degrees 34
minutes 49 seconds West 206.86 feet along the boundary of said Old U.S. 31 to the point
designated as point "275" on said Right of Way Parcel Plat; thence North 20 degrees 42
minutes 15 seconds East 110.86 feet to the point designated as point "253" on said Right
of Way Parcel Plat; thence Northwesterly 64.33 feet along an arc to the right and having
o
o
a radius of 114.00 feet and subtended by a long chord having a bearing of North 10
degrees 52 minutes 33 seconds West and a length of 63.48 feet to the north line of the
owner's land; thence North 89 degrees 57 minutes 16 seconds East 96.06 feet along said
north line to the point of beginning and containing 0.145 acres, more or less.
( J J
-SUNRISE SENIOR IDlING -
------ I --
Parkill& Spaces at Chic:aeo Area I
Assisted Lirine 0II.ly Commmdties I
1 '------t
Parkin~
Sunrise Location # AL Units # Snaces SnaceslUnit
Buffalo Grove 78 43 0~5
f..--.-------- 1-------
Napervi11e 77 33 0.43
B . dale 82 46 0~6
Flossmoor 62 31 0.50
Wi1lowbrook 82 49 0.60
G1enEDvn 85 37 0.44
.-
PalosPmk 85 43 0~1
CfVstal Lake 58 28 0.48
---. 1----
Gumee 60 30 O~O
- . . 82 46 0~6
Lincoln Pmk 60 20 0.33
VliTmette 28 10 036
Baninlrton . 45 25 0~6
-- --
Hidlland Patk 75 33 0.44
AVeJa2:es 959 474 0.49
'(<.ec' cl
1t
~ Cl y VV\e.-l
Sl t -e.- :::
Parkine: Spaces at SUIIJ'i.se Commmdties
Offeri.n2 Both entLiriIUI and Assistell Linn!!:
# orUnits Parkine;
Sunrise Location # AL Units # n. Units Total Units # SDaces SnaceslUnit
Abin~on. Pennsylvania 19 60 139 110 039
Seal Beach, California 85 70 155 95 0.61
Sevema Pade. d 71 60 137 121 0.88
Ccesski1!l. New Jersev 81 77 158 105 0.66
-
PIano. Texas 76 go 156 130 0.83
1--
Salt Lake City. Utah 75 59 134 83 0.62
Gilbert,. Arizona 71 67 144 102 0.71
A verae;es 1023 746 0.73 ~
OCT" L./ 'Ota
~~:;e..~
015
SCANNED
~.,
Schneider
Historic Fort Harrison
8901 Otis Avenue
Indianapolis, Indiana 46216-1037
317-826-7100
317-826-7110 FAX
Engineering
Surveying
Landscape Architecture
GIS . LIS
Geology
;;;
OM/O
I
,
-N-
I
N.T.S.
MAX & ERMA'S HAMPTON INN
o c
8-3
OM/O
OM/O
OM/O
8-6
vi
::>
R-1
R-1
8-6
8-6
ZO~G
Cl
B-3 = BUSINESS DISTRICT
B-6 = BUSINESS DISTRICT
R-l = RESIDENCE DISTRICT
OMlo = OLD MERIDIAN DISTRICT
JL<OxCA.1I1I(Q)]N" JMIAJP
DA TE: 10/13/06 RJS S: \5k\5960\OOl\dwgs\Location Map.dwg
SCANNED