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Home My WebLink AboutApplications '.. ' -#' nUELOPMENT PLAN / Dr AmendmU APPLICATION Fee: $834.00 plus $111.00 per acre DATE: April 20, 2007 DOCKET NO. DP Received Date Stamp: 1\ . ~L~~ X DP/Amend Checked By RE:[,ftr ~r:[) APi' AOLS/ ADLS AMEND Attached DOCS Name of Project: Proposed Burger King Restaurant Project Address: 9853 North Michigan Road (U.S. 421), Carmel, IN 46032 Proiect Parcel 10 #: 1 7 - 1 3 - 0 7 - 0 0 - 2 5 - 0 0 2. 0 0 0 :.J __ __ ~~ -- -~ --- --- Legal Description: (please use separate sheet and attach) Name of Applicant: Burger King Corporation Applicant Address: 5505 Blue Lagoon Drive, Miami, FL 33126 Contact Person: Richard Sampson Telephone: 630.548.4491 Fax No. 630..548.4492 Email: rsampson@whopper.com Name of Landowner: Duke Construction, L.L.P. Telephone: 317.808.6447 Landowner Address: 600 East 96th Street, Suite 100, Indianapolis, IN 46240 Zoning Classification: B-3 Plot Size: 1.1 acre Present Use of Property : Pad ready building outlot Proposed Use New Burger King Restaurant of Property: Note that required fees are due after the application has received a docket number, and not at the time of application submittal. Do NOT bring application fees at the time of submittal ;::- .~ u u OWNERS AFFIDAVIT The undersigned agrees that any construction, reconstruction, enlargement, relocation or alteration of structures, or any change in the use of land or structures requested by this application will comply with and conform to all applicable laws ofthe State oflndiana and the zoning ordinance of Carmel, Indiana, adopted under the authority of Acts of 1979, Public Law 178, Sec. 1, et seq., General Assembly ofthe State oflndiana, and all Acts amendatory thereto. Signed: ;e1:.(;~ p~ Owner Agent Richard Sampson (Typed) (Typed) STATE OF INDIANA County of ~~ SS: Before me the undersigned, a Notary Public for '{'(\ ~ (county of residence) County, State of Indiana, personally appeared ~~ (name of person) and acknowledged the execution of the foregoing instrument this M4y of ~ ,20Q &h-~~, ~. (Notary P lie Signature - - Rtf-a r:- &e/iti (Printed or Typed) . My Commission Expires: ;2-/P- tJ 9 zlsharedl.fonns\PC appJicationsldevplanapp Rev. 01110/2007 IIII ~~I L.~~ I DAUSS ARCHITECTS , " ~. '-"'" - "'w arch itectu re planni ng 227 historic w. 11th sl. p.o. box 1006 anderson, in 46016 tel: 765.649.2258 fax: 765.649.2337 email: info@ daussarch itects. com \ \ \ I \ \ \ \ ~ .;h ory, ..~ ~ .' ~\' u U FACSIMILE TRANSMISSION To: Angie Conn From: Mike Dauss Fax: 317/571-2426 Pages: 2 (including this page) Tel: 317/571-2417 Date: April 20/ 2007 Re: Proposed Burger King Proj. No.: Cc Proj.: Proposed Burger King West Carmel Marketplace D Urgent [2J For Review D Please Reply o Hard Copy to Follow Comments: Development Plan/DP Amendment Application (or your use and records. /1). I~t\ LA RECHVED APR ,3 0 2007 DOGS CONFIDENTIALITY NOTICE: The documents accompanying this telecopy transmission contilin confidential informa1ion. The inionniltion is intended only for the use of the individual(sl or entity named a~}ove. If you are not the inlended recipient, YOll are notified that any disclosure, copying, distribution, or the taking action in reliance on the contents of the telecopied iniormi1lion is not . perm'lssiblc. It you h,lVe received thi, telecopy in error, plea>e notify us by telephone at the number listed ~bove lo arrange tor return on Ihe original document>. -.p"' u u Page 1 of2 Conn, Angelina V Sent: To: Frain: Conn, Angelina V Friday, April 20, 2007 2:57 PM Stewart, Lisa M Holmes, Christine B; Blanchard, Jim E; Brennan, Kevin S; Brewer, Scott I; DeVore, Laura B; Dolan, Veronica A; Hancock, Ramona B; Hohlt, William G; Hollibaugh, Mike P; Keeling, Adrienne M; Lillard, Sarah N; Littlejohn, David W; Mindham, Daren; Tingley, Connie S; Coy, Sue E; Duncan, Gary R; 'rsampson@whopper.com'; 'mikedauss@daussarchitects.com'; 'John Molitor' Subject: Docket No. Assignment: (DP/ADLS) West Carmel Marketplace - Burger King (#07040019 DP/ADLS) Cc: I have notified the petitioner, updated the file, and issued the necessary docket number for (DP/ADLS) West Carmel Marketplace - Burger King It is the following: Docket No. 07040019 DP/ADLS: West Carmel Marketplace - Burger King DP A Iication Fee: Plus $111 /acre x 1 acre: ADLS A Iication Fee: $834.00 $111.11 $834.00 Total Fee: $1,779.00 Docket No. 07030037 DP/ADLS: West Carmel Marketplace - Burger King The applicant seeks site plan and design approval for a proposed restaurant building. The site is located at 9853 N Michigan Rd, and is zoned B-3/Business within the US 421 Overlay. Filed byRichard Sampson of Burger King Corp. Petitioner, please note the following: 1. This item will be on the May 16 agenda of the Technical Advisory Committee (TAC). The petitioner must submit plans and review materials to all TAC members directly by May 1. (Failure to submit plans and review materials to TAC members by this time will result in the tabling of this petition to the June 20 TAC meeting, and subsequently the July 17 Plan Commission meeting. For a list of current T AC members go to: http://www.ci.carmel.in.us/servicesIDOCS/T AC2007 IT AC%20members%20revised%2011 .29.06. pdf) 2. Mailed and Published Public Notice needs to occur no later than Friday, May 25, 2007. Published notice is required within the IndianapOliS Star. Note: the placement of a public h~aring sign on the property is required; see DP application. 3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no later than NOON, Friday, June 8, 2007. 4. Proof of Notice will need to be received by this Department no later than Noon, Friday, June 15,2007. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. These items will appear on the June 19, 2007, agenda of the Plan Commission (under "Public Hearings"). 6. These items will also appear on the Tuesday, June 28, 2007, agenda of the Plan Commission Special Studies Committee. PETITIONER: refer to your instruction sheet for more detail. Mr. Sampson can be contacted at 630-548-4491 (phone), (fax) 630-548-4492, or rsampson@whopper.com (email). Please Note - a review letter will be forthcoming. Angie Conn, Planning Administrator Department of Community Services City of Carmel 4/20/2007 ADLS Fees: $834.00 plus $111.00 per acre ADLS AMEND Fees: Sign only: $277.50, plus $55.50/sign Building/Site: $556.00, plus $55.50/acre DOCKET NO. 01 DY ~o l q J' u u .:' c~(i.cr. ADLS/ADLS AMENDMENT APPLICATION Architectural Design, Lighting, Landscaping and Signage DATE: April 19, 2007 X ADLS Received Date Stamp: ADLSI Amend Checked By DP Attached Previous DP? Yes Name of Project: ~ \;je'}- LOJI h'\~ Proposed Burger King Restaurant Type 0 f Project: Restaurant with Drive Thru Food Sales Project Address: 9853 North Michigan Road (U.S. 421), Carmel, IN 46032 Proiect Parcel ID #: 1 7 - 1 3 _ 0 7 _ 0 0 _ 2 5 _ 0 0 2 . 0 0 0 J -- -- -- -- -- --- --- Legal Description: (please use separate sheet and attach) Name of Applicant: Burger King Corporation Applicant Address: 5505 Blue Lagoon Drive, Miami, FL 33126 Contact Person: Richard Sampson Telephone: 630.548.4491 Fax No. 630.548.4492 Email: rsampson@2whopper.com Name of Landowner: Duke Construction, L.L.P. Telephone: 317.808.6447 i)P /AtLS No VV\ O(W pl Wf,~ \7l O~ r-ll IL (Q-f- S ~ ~~ I ~ ~ t ~ ~ i ~ 1- ~ ~ ~ 1-\;1 "' -4 . -< ~ Landowner Address: 600 East 96th Street, Suite 100, Indianapolis, IN 46240 Plot Size: 1.1 acre Zoning Classification: B-3/\ \ ~ L\"2 \ () \J'€X \~ I ~ f~ F.ev iseci: 12/29/2006 S:\E'ORMS\PC A~plica::ions - CUt'"rent\2001 ("1:::: applic;:;ti.on3\A.DLSAMEN.APP 2DG'7,cJoc: ~-,.crr';1; ~~~.::J ""!,"..:,~. .. ~\r l' nl"\rr;,; \\J 'U v.;J . '11,. u u Present Use of Property: Pad ready building outlot Proposed Use of Property: New Burger King Restaurant New Construction? Y es~No_ New/Revised Sign? Yes~No_ Remodeled Construction: Yes_No X New Parking? Yes~No_ New Landscaping? Yes~No_ Note that required fees are due after the application has received a docket number, and not at the time of application submittal. Do NOT bring application fees at the time of submittal Revised; 12/29/2006 S:\FORMS\PC Applications - currenl:\2D07 pc appliC:ilticns\ADLSAt-IEN.AP? ?OiJ1.dcc 2 - . . ' u u Parkin!! No. of Spaces Provided: 31 Stalls 10 Drive Thru Stack Design Information No. Spaces Required: 51 Type of Building: Commercial No. of Buildings: 1 Square Footage: 2,567 Height: 20' No. of Stories~ Base Stone to match adjacent existing building to north Colors: Red Brick to match adjacent existing building to north Exterior Materials: Masonry Maximum No. of Tenants: 1 Type of Uses: Restaurant Water by: Public Utility Sewer by: Public Utility LIGHTING Type of Fixture: Pole Mounted Height of Fixture: 22' (match existing fixtures to north) No. of Fixtures: 8 Additional Lighting:Awning lighting * Plans to be submitted showing Foot-candle spreads at property lines, per the ordinance. SIGNAGE No. of Signs: 2 Wall signs Type of Signs: Internally Illuminated Location(s): North and West building elevations Dimensions of each sign: 6' diameter Square Footage of each sign: 28.25 sJ. Total Height of each sign: on building elevations LANDSCAPING * Plans to be submitted showing plant types, sizes, and locations * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I the undersigned, to the best of my knowledge and belief, submit the above information as true and correct. Signature of Revised; 12/29/2006 S:\FOPJ~S\PC ApplicalioIlfO - clirt"cn(\2I)07 pro applicdt.lans\ADLSAr-fEN A.PP 2007.dc;c: 3 t- · . lJ Applicant: ~tf----l.J&: u Title: BKC Construction Manager Richard Sampson (Print) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Da~: April 19,2007 State of Indiana, SS: County orm OJ ol ~ 5 4 ~ ~ . '. . Be-iofe:)n~~the undersigned, a Notary Public for '"'l'r\ ~ County, ;:~ __ ~ta_te ~?f~i~diana, per~on~lly appeare~ f?~ ~~nd a:knowledged the - ::- . ~xec.IJ.tJOp o~ the foregom~ I~strument thIS \ ~ +-k.. day of ~ ' 20 D' My : -'-:;.- /) co~~.o Expires: ,2-l8 - () ~ ~~9 ~ Notary Public - - .::: ....:...,~>" ., . .. .'. CITY OF CARMEL AND CLAY TOWNSHlP DEPARTMENT OF COMMUNITY SERVICES (DOCS) 1 Civic Square, Cannel, IN 46032 (3rd floor) 571-2417 ARCHITECTURAL DESIGN, LIGHTING SIGN AGE REVIEW (REVIEW/APPROVAL) Procedure for Plan Commission For Business Zones, U.S. 31 Meridian Street Corridor, U.S. 431 Keystone Avenue Corridor and the U.S.421 Michigan Road Corridor 1. Allow plenty of time for review and approval process (approximately .two (2) months). 2. Discuss proposed project with DOCS statl (please call foran appointment to discuss review procedure and appropriate dates) first week of the month, works the best to begin a project. 3. INFORMATION NEEDED for formal DOCS staff and Plan COffilnission review: a. Two copies of formal application with required information b. Two copies of legal description c. Two location maps showing location of subject site, zoning and existing land uses of all adjacent properties. d. Two copies of a detailed site development plan showing: 1) Detailed drainage plan with drainage calculations. If project IS ill Clay Towllshjp, take to Kent Ward, County Surveyor (776-9626) and John South, U.S. Soil Conservation Service (773-1406). If project is in City of Carmel, discuss with Kate Boyle, City Engineer at 571- 2441.. 2) Lighting plan - footcandle limits Rev.ised.; 12./29/2006- S:\FORMS\PC Applic3.tions - cur:::-ent\..200, pc ;lp?lication~\_::;'D!".5}l.~MCN.P.PP 2007.dQC 4 F _ u u LEGAL DESCRlTPION A Part of Block H In the Secondary Plat for West Carmel Marketplace as per plat thereof recorded September 26,2006 In Plat Cabinet 4, Slide 149 as Instrument No. 200600056955 in the Office of the Recorder of Hamilton County, Indiana and also being part of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencjng at the Northeast comer of the Southeast Quarter of said Section 7; thence South 88 degrees 44 minutes 27 seconds West 1,106.46 feet along the North line of said Southeast Quarter; thence South 00 degrees, 37 minutes 40 seconds East 1,255.30 feet; thence South 88 degrees 40 minutes 49 seconds West 1,432.61 feet to the EasterLy Right- of-Way line of U.S. Highway 421; thence along said Easterly Right-of-Way line North 18 degrees 19 minutes 42 seconds West 26.76 feet to the POINT OF BEGINNING of this description: thence continuing along said Easterly Right-of- Way line the following two (2) courses: 1) North 18 degrees 19 minutes 42 seconds West 55.96 feet; 2) North 21 degrees 11 minutes 28 seconds West 117.30 feet; thence North 69 degrees 03 minutes 23 seconds East 274.51 feet; thence South 20 degrees 56 minutes 37 seconds East 173.20 feet; thence South 69 degrees 03 minutes 23 seconds West 276.55 feet to the Point OF BEGiNNING, containing 1.092 acres, more or less. Also known a.<; Lot 5 In the Secondary Re-plat of West Carmel Marketplace per plat thereof recorded December 14, 2006 In Plat Cabinet 4, Slide 208 as Instrument No 200600056955 in the Office of the Recorder of Hamilton County, Indiana. Lo~ S \V\ b\DCk Ii- ()f \.A..W'J~ COJ M~ ,<<,-OJ kJ-*lP\~~ 5/ D. DUKE CONSTRUCTION COMMITMENTS ATTENDANT TO DOCKET NO. 04050028DP/ADLS: WEST CARMEL MARKETPLACE DEVELOPMENT PLAN AND ADLS AMENDED Conditioned on Plan Commission approval of Docket No. 04050028DP/ADLS (West Carmel Marketplace), the,Petitioner Duke Construction Limited Partnership sets forth Lo the following commitments to be made as part of the Development Plan and ADLS Approval. In addition to the commitments contained in the Application and plans and Specifications submitted in support of the Application, Petitioner commits to the following: 1. Anchor tenant wall signage shall be limited to the colors of white, blue, green or bronze, such signage not to exceed 225 square feet and letters no larger than 4 feet. Such color standards shall not apply La corporate logos, provided such logos do not exceed 25% of the wall sign area for the tenant. All wan signs for the B Shop buildings will be white face-lit signs with dark bronze returns and shall comply with ordinance size standards. Wall signs oriented to Commerce Drive and Retail Parkway shall be prohibited. Window signs shall be prohibited. All ground signs shall consist of white or bronze lettering on a cream opaque background. No tenant shall be listed on more than one (1) ground sign. Ground signs at Retail Parkway/Michigan Road and 99th Street/Michigan Road shall be limited to 245 square feet, with a maximum height of 14' 10". The ground sign at Retail Parkway/Conunerce Drive shall be limited to 53 square feet, with a maximmll height of 7'9". No single tenant shall occupy more than 50% of sign type "A" (ground signs at Retail Parkway/Michigan Road and at 99th StreeLlMichigan Road). 2. All buildings within the development, including Block G, shall follow the architectural theme established in the building elevations submitted under date of September 9, 2004. 3. Landscaping plantings along the common property lines with Ashbrooke, Spring Arbor and North Augusta neighborhoods shall be installed as shown 011 the Landscape Plan submitted under date of September 9,2004. 4. Additionally, as to the Ashbrooke neighborhood association ("Ashbrooke): a. Petitioner shall provide reimbursement to Ashbrooke for a fence if approved (a variance is necessary) in the Ashbrooke common area along Commerce Drive of wood board on board at an approximate length of 500 feet, in addition to additional funds agreed upon between Petitioner and the Ashbrooke Board for landscaping. Alternatively, if the variance for 898122.8 898122.4 the fence is not approved, Petitioner shall pay Ashbrookean amount equal to the fence estimate approved by the parties, such funds to be used for landscaping in the Ashbrooke common area, b. Additionally, six evergreen trees (a variety of to be chosen by Petitioner of Norway Spruce, White Spruce, White Fir, or Eastern Red Cedar, at agreed upon locations where existing foliage is most sparse), shall be paid for and planted by Petitioner to screen the homeowners whose rear yard abut Petitioner's northern mo.st retentionpond east of Commerce Drive. 5. Regarding the Spring Arbor neighborhood, in addition to the Landscape Plan as submitted, Petitioner and the Spring Arbor Board have agreed that Petitioner will fund additional landscaping at the perimeter of the detention area abutting Spring Arbor. Specifically, Petitioner will plant a variety of tree species chosn from Norway Spruce, White Spruce, White Fir, or Eastern Red Cedar. Thirty-two such trees will be planted on the Petitioner's detention area abutting Spring Arbor where existing foliage is the most sparse in consultation with the Spring Arbor Board at the time of planting. Additionally, with tile remaining funds as agreed, additional trees of the same species will be purchased by petitioner to be planted witllin the Spring Arbor common area abutting the detention area of the project. The size, number and responsibility for planting will be determined by maximizing the value in consultation with Spring Arbor Board. 6, Regarding the North Augusta neighborhood, Petitioner will plant the plantings indicated on Landscape Plan with the focus being on construction of a consistent and material landscape buffer and screening between the project and North Augusta. 7. Petitioner agrees that, in consideration of the Plan Commission recommending to the Board of Zoning Appeals that a variance of fue requirement restricting access to Michigan Road be granted, the curb cut connecting 99th Street to Michigan Road will not be opened until site plan approval of Block G is obtained from the Commission. Until the curb cut between 99th Street and Michigan Road is open, Petitioner's sole access to Michigan Road be limited to a right in fright out curb cut as shown on the site plan. Additionally, Petitioner will dedicate all necessary right-of-way relative to 99th Street and a portion of Commerce Drive extension consistent with the Memorandum of Understanding between Petitioner, and it will work with INDOT on Michigan Road design in accordance with its requirements. 8. These commitments are binding on the owner of the real estate and each subsequent owner of the real estate and persons acquiring interest in the real estate [allowing approval of the pending applications unless the commitments are modified or terminated by tile governmental authority authorized to make such modification, 2 FINDINGS OF FACTFORM DEVELOPMENT PLAN CONSIDERATION Carmel Plan Commission Carmel, Indiana DOCKET NO. DP NAME OF PROJECT: 07040019 Burger King - West /ADLS Carmel Marketplace PETITIONER: Burger King Corporation Based upon all the evidence presented by the Petitioner and upon the Department _____ Report of the Department of Community Services, dated, we determine that the Development Plan complies with the Standards set forth in the Carmel/Clay Zoning Ordinance. We hereby approve the Development Plan as submitted with the following specific _____ conditions as agreed to by the petitioner. Condition 1. ______________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Condition 2. ______________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ of the Development Plan as submitted for the following reasons: We hereby disapprove _____ 1._______________________________________________________________________ _________________________________________________________________________ __________________________________________________________________________ 2._______________________________________________________________________ _________________________________________________________________________ __________________________________________________________________________ 3._______________________________________________________________________ _________________________________________________________________________ ________________________________________________________________________ DATED THIS DAY OF _________________ , 2007. ____________________________________ Commission Member \ \ \ \ \ \ \ \ \ ,,\ --~-- \' --- \' _ _ .r .--'f --- --- I\. 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