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HomeMy WebLinkAboutCorrespondence JAMES.1. NELSON CHARLES D. FRANKENBERGER JAMES E Sl-IINA VEl<. LA WRENCE .I KEMPFR JOHN B. FLATT FREDRiC LAWRENCE DA VlD.1. LICHTENBERGER of counsel JANE A MERRILL 3 [05 EAST 9l'iTH STREET SUITE 170 INDIANAPOLIS, IN 46280 317-844-0106 FAX: 317-846-8n2 www.nr-law.coll1 VIA llANO DELIVERY Christine Barton-Holmes City of Carmel Department of Community Services RE: Mikes Car Wash Michigan Road Docket Nos. 07110006V and 07110012V ,January 28, 2008 BZA Hearing Proof of Notice Submittal and Payment of Filing Fee Dear Christine - Enclosed please find the following: 1. A check maqe payable to the "City of Carmel" in the Sum of $4,056.00 for the filing fee for this matter; 2. An aflidavit of Mailing Notice; 3. An affidavit of Posting Sign; 4. An affidavit iI'om the paper regarding publishing the Notice and a copy of the Notice that was published and mailed; 5. A list ofthe surrounding owners from the Auditor's Office; and, 6. The returned certified mail green cards. Please be sure this matter is placed on the BZA's agenda for their January 28th meeting. Thanks for your assistance in this matter and contact me with any questions. Very truly yours, N~RANKENBERGER, P.C. .J1!J S~:ef NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW January 18,2008 3105 EAST 93TH STREET SUITE 170 Arous, IN 46280 317-844-0106 7-846-8782 'I -law.com JAMES.1. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINA VER LAWRENCE J. KEMPER JOHN B. FLATT FREDRIC LA WRENCE DA VlD 1. LICHTENBERGER of counsel .JANE B. MERRILL VIA HAND DELIVERY Christine Barton-Holmes City of Carmel Department of Community Services RE: Mikes Car Wash Michigan Road Docket Nos. 07110006V through 07110012V January 28, 2008 BZA Meeting Brochure Submittal Dear Christine - Enclosed please tind ten (10) brochures to be distributed to the BZA members for the January 28th meeting and please be sure to place this matter on BZA's Agenda. Thanks for your assistance in this matter and contact me with any questions. Very truly yours, NELSON & FRANKENBERGER, P.c. \~;V'~-' '("//, ~ , ~ J', ~ji. qt~brh-. /'''. Tingley, Connie S :~i .' 4t'y <' "1:.0 .~~---_.~~~--~....~..~~...=...~.....=...... ...........=..~.-:;.:\;t~r:"."Zij.~....6''''~........-"-o....:...~... "--'~~"''''' From: Ron Carter [rcarter2@indy.rr.com] :-::;;\ '~.: Van . .-') Y '. . Monday, November 26, 2007 8:34 AM .~. ..'" Tingley, ConnieS ,~~ a~ii ,--\,....' Sharp, Rick; Seidensticker, Eric; Dierckman, Leo J; Dorman, Jay; Haney, Wayne; Heber, Kevin; Rick Ripma; Schleif, Carol; Shapiro, Sally K; Stromquist, Steven R; Westermeier. Susan; Hollibaugh, Mike P; Nadine Baker Subject: Re: BZA Hearing on Mike's Car Wash Page 1 of2 Sent: To: Cc: Connie: Please make this email a part of the record for the BZA in the Mike's Car Wash matter. Ron Carter City Council, At-Large Gity of Carnie I . ,. , .. . .. .. --. .. . . ~--~--~~~~~~~~~~~~~-~----~-~------------------------------------------~--~---~---------------- ---------------------------------------------------------~-~~-~~------------------------------ To the Members of the Carmel Board of Zoning Appeals: lam-writingto advise YOL:J that I lend my full support to the issues that Nadine Baker has' articulated pertaining to the requests by lV1ike;s Car Wash. Their propo'seCl installation heeds to be done the way the citizens of Carmel, expressed through the many homs of time devoted by -the cifizens who served on the Michigan Road Overlay Zone committee, feel is appropriate, As I have said many times and will continue to say, "Carmel is one of the very few communities in the country that says, and can afford to say, 'Do your project the' w'rN the citizens of Carniel want it to be done or take it somewhere else. Th is has stood us in good stead over th e years and has resulted in two outcomes. First, we have gotten more development. Second, the development we have gotten has been of much higher use, value, and quality resulting in a winning situation for all parties involved'," In addition to the concerns that are represented by Nadine's communication to you, I would like to raise another issue... one that I raised in regards to Mike's other Carmel location on Rangeline Road. At the time, thatwas going through the development process I asked Mike Hollibaugh to make certain that the noise of their blowers did not leave their property. This seemed to me to be a logical request so that the noise from their operations did not adversely impact the surrounding business environment. That did not get done. Thus, you can hear the noise from Mike's on adjoining properties which detracts from the overall livability of the community. I ,ask that you seriously take into consideration this noise pollution factor as being a very important matter for the siting of this Mike's. location, The fact that it may possibly be located on a lot that is too small may well exacerbate the noise pollution problems from the 'blowers. This was ignored in the approval process for Rangeline. That should not be the case for this new location. I would a'skth'at, unless the concerns expressed by Nadine, along with the noise pollution concern are satisfactorily handled; you deny the requests made by Mike's for this particular parcel. Sincerely, Ron Carter City Coulicil, ARarge City of Carmel --"-" Original Message -"--- F'r-om: Nadine Baker To: Connie. Tingley Cc:B...igK$..!J?rP. ; EQo_Q<:'Irte..r ; 1=.liQ.~~i~l.~n:?:tlGIs.~I ; L.~_QOLf;7.[(;ls.rnQD ; ~QyQ9Iman ; WC3YD~J::Ii'-I.!J.~.Y. ;K~Y.i.ILti~l;?SJ.r ; J3LG.Is.RiPnJC3 ; .Q?r9.L$:(:::.Olelf' ;$:C3l1y$:ligpim ;$.tl::l.Y~O~1[9mqlJL~1 ; .$tJsaO_l/\IesJerms::leE ; .r:DJ~QIUg.9.lcJgb@~2r..r:D.~I.:.LO_,g_QS Sent: Friday; November 23,2007 12:33 PM SUbject: BZA Hearing on MiRe's Ca'r Wash Connie, Please see that the BZA members get this letter. It is attached and it is pasted below. Thanks. 11/2612007 Page 2 of2 Docket No. 07090014 DP/ADLS: Weston Park, lot 2 - Mike's Car Wash It seems important to restate some things we are sure you know. Carmel has benefited greatly in numerous ways from the Meridian Corridor Overlay Zone. Like the Meridian Corridor Overlay Zone, the Michigan Road Overlay Zone was created to gain greater control over the quality and cohesiveness of how an important corridor develops. Additionally, very partictIlar standards were thoughtfully and purposefully established to "raise the bar" beyond what is typically required. Setting high standards makes the area highly desirable to both shoppers and retailers. Any deviation from the standards needs to' be veiy carefully scrutinized and considered given that slich deviation(s) risks additional such requests from the next developers as well as being unfair to the developers who have complied with the standards- sometililes quire teltictantly. Leo Dierckman may recall when Quick Lube made their initial proposal for the'ir Michigan Road locatiOIi. They asked for a few waivers and cited difficulties that made them "unable" to comply with some of the requirements, including either a regulated drain or some other such legal easement on the property. However, a plan was approved that held them to compliance to the standards. It is W0l1h noting that after Quick Lube no longer needed to ask for some of the very same waivers Mike's Car Wash is: requesting, the issue oftheir doors facing Michigan Road was further addressed. Quick Lube agreed to upgrade their garage doors and increased the landscaping between their building and Michigan Road so as to further screen their building. If Mike's Car Wash truly cannot develop on the parcel without these waivers, perhaps they should seek another parcel within the Michigan Road Overlay Zone that is large enough that they do not need a reduced front yard greenbelt, reduced perimeter landscaping, reduced parking spaces, and which makes car stacking visible from Michigan Road. Increasing 'their wall sign size creates the very same visual clutter the Overlay Zone is supposed to contro1. It also creates the problems given above regarding the risks and unfairness issue, as would approval of their request for relief from the building faq,ade break requirements. The list of varialtces cmtently requested deviates much too much from the established standards. These requested variances should be refused. We ask that Mike's Car Wash be directed, as was Quick Lube, to find alternatives that enaqle them to meet the standards to which others have been held. If this site prevents them from being unable to comply with so many standards, they need to seek a different, perhaps larger, site. Whomever develops the site should propose.a plan that upholds the standards already well in place in this thriving corridor. It is unfair for a particular merchant to benefit from the high standards in place without participating in those same standards. CWIC2: Marilyn Anderson, President, Dee Fox, Vice-President, Nadine Baker, Secretary Get easy, one-click access to your favorites. MaKGnYa.1)QQLYQl1LhQl11s:pagQ, 11126/2007 .0rl;\\'.'if' fJ:i!<>:, Page 1 of2 ~~,/".~' ~ ~ <<~, Tingley" Connie S '~!J"> ~s,A.. \3 __'~_'~~"_"".'~"-~","oo~,"~~.__.'..",,~.~~~.~.~~~~ .~~~-~~ "~'i'.1Pk?6'-:~<-b.J~~:r' From: N~dine Baker [cwic2@yahoo.com] I,: ~~;.. bO/)"" ?OtZ>,r;! Sent: Friday, November 23, 2007 12:34 PM '1a'" "'cJ' /(~l To: Tingley, ~onnie S " " .. .., \.~ ~~\'\~~" / , Cc: Sharp, Rick; Forwarding E-mail, Carter, Ron E; Seldenstlcker, Enc; DlerckmanJLeo J; Dorman, Jay; Haney, Wayne; Heber, Kevin; Rick Ripma; Schleif, Carol; Shapiro, Sally K; Stromquist, Steven R; Westermeier, Susan; Hollibaugh, Mike P Subject: BZA Hearihg on Mike's Car Wash Afta'chrnents: pat15S8757933 Cmmie, Please see that the BZA members get this letter. It is attached and it is pasted below. Thanks, Docket No. 07090014 DP/ADLS: Weston Park, lot 2 - Mike's Car Wash It seems important to restate some things we ate sure you knoW. Carmel has benefited greatly in numerous ways from the Meridian Corridor Overlay Zone. Like the Meridian Corridor Overlay Zone; the Michigan Road Overlay Zone was created to gain greater control over the quality and cohesiveness of how an important corridor develops. Additionally, very partiCi11ar standards were thoughtfully and purposefully established to "raise the bar" beyond what is typically -required. Setting high standards makes the area bighly desirable to both shoppers and retailers. Any deviation from the standards needs to be very carefully scmtinized and considered given that such deviation(s) risks additional such req uests frbm thene-xt developers as well as being lu1faif to the developers who have corriplied with the standards-sometimes quite reluctantly. Leo Dierckman may recall when Quick Lube made their initial proposal for their Michigan Road location. They asked fora few waivers and cited difficulties that made them "unable" to comply with some ofthe requirements, induding either a regulated drain or some other such legal easement on the property. However, a plan was approved that held them.to compliance to the standards. It is worth noting that after Quick Lube no longer needed to ask for some 0 f the very same waivers Mike's Car Wash is requesting, the issue ofthelr doors facing Michigan Road was further addressed. QUick Lube agreed to upgrade their garage doors and increased the landscapingbetween their building and Michigan Road so, as to further screen their building. If Mike 's Car Wash truly cannot develop on the parcel without these v/ai'vers, perhaps they should seek another parcel within the Michigan Road Overlay Zone that is large enough that they do not need a reduced front yard greenbelt, reduced perimeter landscaping, reduced parking spaces, and which makes car stacking visible from Michigan Road. Ihcteasiilg their wall sign size creates the very same visual clutter the Overlay Zone is supposed to control. It also creates the problems given above regarding tbe risks and unfaimess issue, as would approval of theirrequest for reli ef from the building fayade break reql1ireinents. The list of variances currently requested deviates nmch too much from the established standards. These requested variances should be refused. We ask that Mike's Car Wash be directed, as was Quick Lube, to find alternatives that enable them to meet the standards to which others have been held. If this site prevents them from being unable to comply ,vith so many standards, they need to seek a different, perhaps larger, site. Whomever develops the site should propose a plan that upholds the standards already well in place in this thriving corridor. It is unfair for a particular merchant to benefit from the high standards in place without participating in those same standards. CWIC2: Marilyn Anderson, President, Dee Fox, Vice-President, Nadine Baker, Secretary 11/26/2007 -Get easy, one-click access to your favorites. Make YahDD! your homepagt. 11/2612007 Page 2 of2 ~ u u ,..,-...., NELSON & FRANKENBERGER Via Hand Delivery: A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317-844-0106 ,~ FACSIMILE: 317-846-8782:;), www.nf-Iaw.com lOb, .- j~ ,'rl November 2, 20~~;j, \:?~ \/ -', jt~ \<Y' '~~J i ~)I '\;' .~Or .I..:.~,.~._- --- -.:;. JAMES 1. NELSON CHARLES O. FI{ANKENUERGER JAMES E. SHJNA VER LAWRENCE J. KEMPER JOI-IN Ll FLATT Christine Barton Holmes City of Carmel One Civic Square Cannel, IN 46032 RE: Mike's Express Car Wash - Michigan Road Developmental Standards Variance Application Submittal Dear Christine: Enclosed please find the following: 1. An original and one (1) copy of a developmental standards variance application; 2. A copy ofthe vesting deed for this property; and 3. All relevant plans and drawings associated with the variance requests. My understanding of the schedule for this matter is as follows: 11/2/2007 File Application 11/20/2007 Submit Notice to Indianapolis Star by noon for publication 11/22/2007 Post Sign on Property; mail certified mail to surrounding owners; Indianapolis Star publishes notice of hearing 1217/2007 By noon submit brochures to staff 12/17/2007 6 p.m. Board of Zoning Appeals hearing ;0.. u u -0. Upon review of the enclosed variance application, you will note that Exhibit A generally explains the variances tbat tbe application is seeking. However, this explanation also requests a meeting with staff prior to the issuance of docket numbers so that the staff can confirm all necessary variances for this project. If additional variances are required, I would respectfully ask the staff to issue the appropriate docket numbers and, at that time, I will then prepare separate findings of fact for each individual variance being sought. When we conduct tIns meeting, I suggest that we also include Scott Brewer in the meeting so tbat Scott can provide us his input regarding any additional landscaping variances that may be required. Thank you for your assistance in tlns matter. Please contact me should you have any questions. Very truly yours, JESfbjt enclosures NELSON & FRANKENBERGER ~ James E. Shinaver !J H~\P.C':Cky\7..olli~ & Rml E~llIl[; J...laucn.-\Mikcs CaI Wash Micllignll Road\U..r Lo C Bartoll Holmes HJJ I07.doc