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HomeMy WebLinkAboutPacket 12-09CITY OF CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS AC DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $286.00 for the first variance, plus $88.00 for each additional n of the ordinance being varied. All Other $1,133.50 for the first variance, plus $535.50 for each additional section of the ordinance being varied. OR see Hearing Officer Fees DOCKET NO. 09120017 and 09120018 DATE RECEIVED: 1) Applicant: College Park Church, Inc. Address: 2606 West 96th Street, Indianapolis, IN 46268 2) Project Name: Sanctuary Expansion Project Phone: 875 -0282 Engineer /Architect: Aspen Group Phone: 582 5100 Attorney: Gregory P. Cafouros Phone: 692 -9000 Contact Person: Gregory P. Cafouros Email: gpc@kgrlaw. com Phone: 692 -9000 DOc i`3 3) Applicants Status: (Check the appropriate response) X (a) The applicants name is on the deed to the property (b) The applicant is the contract purchaser of 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. /Instrument No. See attached Exhibit A Page: Purchase date: 6) Common address of the property involved: 2606 West 96th Street, Indianapolis, IN 46268 Legal description: See attached Exhibit A Tax Map Parcel No.: See attached Fxhihi t A 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). Construction of a new 1800 -seat sanctuary and associated paved parking lot expansion will require a variance from the S -1 Height and Area Requirements: §5.04.01 and §5.04.02 Page 1 of 8 z:\shared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2009 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance The architectural and aesthetic requirements for the expanded seating capacity of the new sanctuary exceeds the maximum S -1 height and area limitations. 9) Present zoning of the property (give exact classification): S -1 (Residential) with approved Institutional Special Use variance 10) Size of lot/parcel in question: 32 acres (total) acres 11) Present use of the property: rh»rrh 12) Describe the proposed use of the property: church 13) Is the property: Owner occupied Yes Renter occupied No 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. SU 62 03 and V 69 03 approved 7/28/03 15) Has work for which this application is being filed already started? If answer is yes, give details: No Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? N/A 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Owner College Park Church, Inc. 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 assigned until all supporting information has been submitted to the Department of Community Services. Page 2 of 8 z: \shared \forms\BZA applications\ Development Standards Variance Application rev. 01!052009 Parcel No. Instrument No. Purchase Date Legal Description 17- 13- 08- 00 -00- 016.000 9909927190 04/27/99 See Attached Exh. 1 17- 13- 08- 00 -00- 015.000 9609654229 12/20/96 See Attached Exh. 2 17- 13- 08- 00- 00- 014.000 200100002619 12/22/00 See Attached Exh. 3 17- 13- 08- 00 -00- 013.000 9315669 03/31/93 See Attached Exh. 4 17- 13- 08- 00- 00- 013.002 8806861 04/15/88 See Attached Exh. 5 17- 13- 08- 00- 00- 013.101 200000063828 12/22/00 See Attached Exh. 6 17- 13- 08- 00- 00- 013.201 200400075824 10/02/03 See Attached Exh. 7 17- 13- 08- 00 -00- 013.301 2009058499 08/15/09 See Attached Exh. 8 Exhibit A to Application for Development Standards Variance Request DULY ENTERED FOR TAXATION Sub}joot to final a tame for tra>ssjp►, LO day oCfl9 v[t� Ator t4niltonudiCovnty Parcel 411.. L D' Di) (the "Real Estate This conveyance is made subject to: Instrument 9909927190 WARRANTY DEED 9909927190 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 05 -06 -1999 At 11.22:50 am. WARR DEED 12.06 THIS INDENTURE WITNESSETH that GILBERT W. SPEER, II and JULIA SPEER, husband and wife (collectively, "Grantor conveys and warrants, as hereinafter set forth, to COLLEGE PARK BAPTIST CHURCH "Grantee for the sum of One and No /100 Dollars ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the real estate in Hamilton County, Indiana, more particularly described as follows: Begin at a point 1007.62 feet west of the southeast corner of section 8, township 17 north, range 3 east and run thence west 200 feet; thence north 1329 feet; thence east 200 feet; thence south 1329 feet to the point of beginning, in Clay Township, Hamilton County, Indiana, 1. All highways, rights -of -way, liens, agreements, easements, conditions, riparian rights, restrictions, declarations, covenants and commitments of record. 2. The lien of unpaid real estate taxes and assessments due for May 1999, and thereafter, which Grantee hereby assumes and agrees to pay. IN WITNESS WHEREOF, Grantor has caused this Decd to be executed this .2 7 day of f t 1 1999. EXHIBIT 1 l\ Gilbert W. Speer, II r 64._ lif EXHIBIT A A PART OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 17 NORTH, RANGE 3 EAST, DESCRIBED -AS FOLLOWS: BEGIN AT A POINT 852.69 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 17 NORTH, RANGE 3 EAST, THENCE NORTH 1329.75 FEET TO A POINT, THENCE WEST 155.4 FEET TO A POINT, THENCE SOUTH 1329.35 FEET TO INTERSECTION WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE EAST ON AND ALONG SAID SOUTH LINE 154.94 FEET TO THE PLACE OF BEGINNING, IN HAMILTON COUNTY, INDIANA_ EXHIB E zj EXCEPT: EXHIBIT A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION EIGHT (8), TOWNSHIR SEVENTEEN (17) NORTH, RANGE THREE (3) EAST, DESCRIBED AS FOLLOWS: BEGIN 1007.62 FEET WEST OF THE SOUTHEAST CORNER OF SAID SECTION 8, AND RUN THENCE NORTH 1329.35 FEET, THENCE EAST 336.8 FEET, THENCE SOUTH 1330.1 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER, THENCE WEST 335.87 FEET TO THE PLACE OF BEGINNING, CONTAINING TEN (10) ACRES, MORE OR LESS, IN CLAY TOWNSHIP, HAHILTON COUNTY, INDIANA. BEGIN AT A POINT 852.69 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 17 NORTH, RANGE 3 EAST, RUN NORTH 1329.75 FEET TO A POINT; THENCE WEST 155.4 FEET TO A POINT; THENCE; SOUTH 1329.35 FEET TO INTERSECTION WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER, THENCE EAST ON AND ALONG SAID SOUTH LINE 154.94 FEET TO THE PLACE OF BEGINNING, CONTAINING 4.73 ACRES, MORE OR LESS. 3 03293003a/ean EXHIBIT A Leged. Der mention of Real E.Ooate ['art of the Southeast Quart- r of the Southea. -t Q of Section 8, Township 17 Ncirth, Range 3 East, ltami..i.*.::::. Indiana, and bring or particularly describe) Beginning at the Southeast Quarter: of said quar •quarter Section; thence South 99 degrees 42 minutes 47 seconds West along the South line of said quarter- quarter section 673.10 Feet; thence North 0 degrees 02 minutes 27 seconds West 323.62 feat; thence North 88 degrees 42 minutes 47 seconds East, parallel with said south line, 673.26 feet to the East line of said quarter quarter section, thence South 0 degrees 00 minutes 00 seconds West along said east Line 323.62 feet to the point of beginn._n7. EXHIBIT 4 This instrument Flecarrtri "".4 .iharon K. Cherr Rr'rnrdar, Hamilton C4''nty, iN Z 00 co Ct% 00 EXHIBIT Use of this form constitutes practice of law and is limited to practicing lawyers. °Copyright, 1986, by Indianapolis Bar Association. 880,6861 Parcel No. J7 O THIS INDENTURE WITNESSETH, That o f Hamilton County, in the State of of One and no /100 1 WARRANTY DEED of Hamilton County, in the State of Indiana Ray F. Childers and Lisa S.3hier-,', AND WARRANT to College Park Baptist Church, inc. Indiana Dollars 1.00 Form No. 3 Bev. 10/86 .1 ,CONVEY (Grantee) for the eum and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate in Hamilton County, State of Indiana: PARCEL C: Part of the Southeast Quarter of the Southeast Quarter of Section 8, Township 17 North, Range 3 East, Hamilton County, Indiana, and being more particularly described as follows: Beginning at a point on the East line of said Quarter Quarter Section being North G degrees 00 minutes 00 seconds East (assurned bearing) 323.62 feet from the Southeast corner thereof; thence South 88 degrees 42 minutes 47 seconds West, parallel with the South line of said Quarter Quarter Section 673.26 feet; thence North 0 degrees 02 minutes 27 seconds West 323.54 feet; thence North 88 degrees '12 minutes 47 seconds East, parallel with said South line, 673.41 feet to said East line; thence South 0 degrees 00 minutes 00 seconds West along said East line 323.55 feet to the point of beginning and containing 5.000 acres, more or iess. Subject to the spring real estate taxes for the year 1987 due and payable to May 988 and all taxes thereafter. Tax bills should be sent to Grantee at such address unless otherwise indicated below. IN WITNESS WHEREOF, Grantor has executed this deed this 1 it day of April ,19 Rfl Grantor: AL) Grantor: ISF,Ji %fi 7-, iii Signature ,1 Signatures' %s? Printed Ray F. Childers Printed is_3 S. Childers ioJecc to all conditions, rights of way, restrictions and ease snts appearing rec,,d. Subject to any and all easements, agreements and reatrictic.: o of record. The adc,resr ;:uch real estate is commonly known as 4223 W. 96th Street, Indianapolis, IN 46268 STATE OF Indiana COUNTY OF tamilton SS ACKNOWLEDGMENT This Instrument Hccm!teil ShHion K Chet :y- 1{L. H,:n,rtlun (n,. .:v Before me, a Notary Public in and for said County and State, personally appeared Ray F. Childers and Lisa S. Childers, Husband and Wife who acknowledged the execution of the foregoing Warranty Deed, and who, havin.-: e :ly sworn, stated that any representations therein contained. a true April Wetness my hand a u d Notarial Seal this 15th day of n r Printed Lynne R. Chern.in Notary Public My commission 8/10/90 Q Resident of Marion County, Indiana. This inetrume •�ivf r Edward R. Schmidt Attorney at Law. 1880461 -241 :3t K.. ,/,7Z Return deed to s 0> 0 0 Qn Send tax bills to I:22;r b_ Uamitton County tree DULY ENTERED FO iw TA L✓ re 0f EXHIBIT A Legal Description of Leased Premises Part of the Southeast Quarter of the Southeast Quarter of Section 8, Township 17 North, Range 3 East, of the Second Principal Meridian, Hamilton County, Indiana, and being more particularly described as follows: Commencing at the Southeast corner of said quarter quarter section, thence North 00 degrees 00 minutes 00 seconds East (assumed bearing) along the east line of said Section 8, a distance of 647.17 feet to the point of beginning of this description said point being marked by a P.K, Nail, thence South 88 degrees 42 minutes 05 seconds West parallel with the south line of said Section 8, a distance of 673.41 feet, said point being marked by a''/ inch rebar that is 0.05' north and 0.09 feet east of the calculated position, thence North 00 degrees 02 minutes 27 seconds West 267.95 feet to a 5/8 inch rebar with cap stamped "LS29500009 thence North 88 degrees 39minutes 54 seconds East parallel with the north line of said quarter quarter section,299.71 feet to a 5/8 inch rebar with cap stamped "LS29500009"; thence North 01 degrees 20 minutes 06 seconds West, perpendicular to the north line of said quarter quarter section, 114.48 feet to a 5/8 inch rcbar with cap stamped "LS29500009 thence North 88 degrees 39 minutes 54 seconds East, parallel with the north line of said quarter quarter section, 376.56 feet to a P.K. Nail on the east line of said southeast quarter, thence South 00 degree 00 minutes 00 seconds West 382.89 feet to the point of beginning containing 5.131 acres more or less. tjl ASSu= N01T7'1k SCALE 1" 00 Schneider 488'4Z4TE N6175,Z1"E 200.00 I e a S 11NE. SE1/4. 5.0.1/4, SEC. 6 0,170., R,3L WEST 96TH STREET SE Ctta1EA, SEI /4, SE1/4, Land OescrOtlon SEC. 6 T.178, 6.3E A port of the Southeast Quarter of the Southeast Quarter of Section 8, Township 17 North, Range 3 East, In Homlton County, Indiana, and being more particularly described as follows Commencing of a point an the south the of said quarter quarter section, South 88 degrees 42 minutes 47 seconds West o distance of 1207.62 feet from the southeast comer thereof, being the southwest comer of a tract of land described In Instrument Number 99- 27190, In the Office of the Recorder of Hammon County, Indiana; thence North 00 degrees 00 minutes 00 seconds East along the west line of said tract a distance of 1329.00 feet to the northwest corner thereof; thence North 88 degrees 42 minutes 47 seconds East cioeg the north Tine of sold tract o distance of 200.00 feet to the northeast coma thereof, thence North 00 degrees 00 minutes 00 seconds East along the west line of a tract of land desalbed in instrument Number 96 -54229 0 &stance of 0.35 feel to the northwest caner thereof, thence North 88 degrees 35 minutes 21 second Eosi along the north Tine of said Tract and a tract of land described In Instrument Number 2001 -2619 a distance of 333.74 feet to the west line of o tract of fond desabed In instrument Number 96- 36738; thence South 00 degrees 02 minutes 27 seconds East along sold weal line a distance of 300.77 feet to the Point of Beginning; thence North 88 degrees 39 minutes 10 seconds 00s1 a dlstonce of 297,11 feet 10 o northern caner of land descrbed in Instrument Number 2000 63828; thence 5044110 01 degrees 20 minutee 50 second' East along a westerly line of sold tract o distance of 114.14 feet to a northern corner of sold tract of land; thence South 88 degrees 39 minutes 10 seconds West along o northerly line of sold tract o distance of 299.71 feet to the northwest comer of sold tract, being a point on the west fate of the aforesaid tract described In Instrument Number 96- 36738; thence North 00 degrees 02 minutes 27 seconds West along the west Ilne of sold tract a distance of 114.17 feet to the Point of Beginning, containing 0.78 ocres, more or less. 60042 1207.62' The above {and description and accompanying exhibit drawing were prepared from record deed desalpllons and 0 prior survey of the property by others. No boundary survey work woo performed and no comer monuments were set for the preparation of thle document S \48 \4477\001\0187S \OEFOSOMG %108 aa0 o6 JCR 8/10/03 EXHIBIT E7 Gq1/41-rtarr----A Hletoric Fort Harrtaoo e.ogineerint 8901 Otte Aveoue Surweitne Indianapolte, Ludlum 48216 -1037 Lendeoepe Architecture 917 826 -7100 CIS LIS 917 826 -7110 FAX Geolop P.O.B 4 N88'39'101 297.11' Pt OF 061. p6 36776 N. 190. SL1 /4, 1.0.1/4 o PT. 6 kV. 106 30736 q S8619 r4 299.71' HST. p0o9- 00o93aze 613 Ac I. CZ zt k ,j HST. g8 -0061 200 Ac INST. p.I 10006 600 Ac. R. A/N letC PER 91151. 12606 0' Land Description (Remainder Parcel) EXHIBIT "A" Part of the Southeast Quarter of the Southeast Quarter of Section 8, Township 17 North, Range 3 East, Hamilton County, Indiana, being further described as follows: Commencing at the northeast corner of said Quarter Quarter Section (said comer being distant 1336.92 feet from the southeast comer of said Southeast Quarter Section); thence South 88 degrees 30 minutes 30 seconds West (basis of bearings being the east line of said Southeast Quarter Section, bearing North 00 degrees 00 minutes 00 seconds East) along the north line of said Southeast Quarter Quarter Section a distance of 255.01 feet to the Point of Beginning and the northwest corner of a certain 0.105 acre cutout parcel to Miller; thence South 00 degrees 00 minutes 00 seconds West parallel with the east line thereof a distance of 153.34 feet; thence North 88 degrees 30 minutes 30 seconds East parallel with the north line thereof a distance of 30.01 feet to the southwest corner of property to Miller, as described in Instrument Number 2005 -25449 and recorded in the Office of the Recorder of Hamilton County, Indiana, also being on the east line of property to Childers as described in Instrument Number 1996 9636738; thence South 00 degrees 00 minutes 00 seconds West along the east line of said Childers Property a distance of 152.87 feet to the north line of property to College Park Baptist Church Inc and recorded as Instrument Number 2000- 63828; thence South 88 degrees 39 minutes 10 seconds West along the north line thereof and the north line of property to College Park Baptist Church Inc and recorded as Instrument Number 2004 -45824 a distance of 448.71 to the west line of said Childers property; thence North 00 degrees 02 minutes 27 seconds West along the west line thereof a distance of 305.07 feet to the north line thereof; thence North 88 degrees 30 minutes 30 seconds East along the north line thereof a distance of 418.95 feet to the Point of Beginning, containing 3.043 acres, more or less. EXHIBIT 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. STATE OF INDIANA County of i-latm I I er (SEAL) SS: Signed: (County in which notarization takes place) for Vti r l v v\ (Notary Public's county of residence) (Property Owner, Attorney, or Power of Attorney) ti day of Lb r" Amanda Phillabaum Notary Public Seal State of Indiana Marion County My Commission Expires 08119/2017 AFFIDAVIT )2- /t5 U! (Property ner, Attorney, or Power of Attorney) Date fl (Please Print) Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this ,200( Notary Public Signature /TrY1t�6�C�G� �i2 r tecV i_i Notary Public Please Print My commission expires: enV19/2.o/7 Page 4 of 8 z:\shared\forms \BZA applications\ Development Standards Variance Application rev. 01/05/2009 Docket No.: Petitioner: 1. 2. 3. DATED THIS 26th CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS 09120017 and 09120018 College Park Church, Inc. Carmel, Indiana FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DAY OF January Board Member Page 7 of 8 z:lshared\forms\BZA applications\ Development Standards Variance Application rev. 01/05/2009 ,2010 Docket No.: Petitioner: College Park Church 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: Adopted this See attachment A 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: See attachment A 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: See attachment A 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. CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA 09120017 and 09120018 DECISION day of 20 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8- z: \shared \forms\BZA applications\ Development Standards Variance Application rev. 01/05!2008 ATTACHMENT A TO 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 building height will have no negative effects on public health, safety, morals, or general welfare of the community. The building height is necessary to assure that the aesthetics and scale of the new sanctuary are balanced. The proposed building heights of the spaces surrounding the sanctuary are designed to step down to a residential scale of one -two story height structures. The visual impact of the sanctuary will be lessened by this step down to residential scale. At the building's perimeter also are proposed generous window openings, entrances, and a landscaping design that enhance the human, residential scale as one approaches the building. The proposed development of the College Park Church site, with lot coverage of 49% is necessary for the church to expand its current facilities and to expand its parking areas to accommodate its growth in church attendance. Paving the existing gravel parking areas will improve public safety and provide an adequate amount of parking that is safer for motorists and pedestrians, while improving lighting and drainage. A site development plan which was approved July 2003 had an overall lot coverage in excess of 60 The current proposed site plan of 49% coverage is similar in design to the 2003 site design. 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 proposed building height is 6' -2" higher than the building height variance approved in 2003 by the Carmel BZA (V- 69 -03). The overall site, storm drainage, paving and landscaping will be improved as part of this overall project. The view of the College Park Church Facility from adjacent properties will be improved from its current appearance. The proposed addition will step up gradually from its perimeter toward its maximum height, lessening its visual impact on the adjacent properties. The distance to the nearest adjacent properties will be far enough from the proposed building addition that no blocking of sunlight or creation of adverse wind conditions will occur as a result of the proposed building height. The proposed variances are consistent with the existing use and development of the subject site. The proposed site development will have improved traffic flow, landscaping, and storm drainage. These improvements, along with the proposed building addition, will improve the overall character of the area. The pedestrian walks along each of the 96th Street and Towne Road frontages will be extended to the north and west property boundaries of the College Park Church property, linking to an existing path located to the north of the paved areas of the site. This path is currently used by neighbors from adjacent properties for exercise and recreation, and College Park Church encourages the continued sharing of this amenity with the public. 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 proposed new sanctuary addition is designed to seat a capacity of i800 persons comfortably while providing generous pathways for entering and exiting the space safely. The seating is designed to surround the platform and is placed on ascending levels in order to provide clear sign lines to the platform and video screens from each seat, and to provide the desired acoustical quality to each member in attendance. Considering these design criteria, a clear height to the finished ceiling of 30' is adequate and customary for similar spaces of this type. In order for the proposed sanctuary space to perform as intended, it must, by necessity be a clear span structure free of interior columns. The clear span of 14o' requires main roof structural girders of a depth of 10' -12'. Adding up these vertical dimensions results in 30' interior clear height to the finished ceiling plus 12' of roof structure plus 8" roof deck and insulation totaling 42' -8 The remaining 3' -4" will be necessary for an adequate parapet wall and to allow some contingency for more structural depth if needed for the final structural engineering. The property would have inadequate parking and vehicle stacking on site which could result in unsafe traffic conditions on, and off, site. A parking analysis was done by the architects to arrive at the optimal number of parking spaces required for the proposed expansion of the College Park Church facilities. This analysis has taken into account the number of parking spaces required by the ordinance, as well as peak occupancy times on Sunday for multiple worship services and Sunday School. The proposed site development plan was designed in collaboration with the Carmel Planning Department and the County Highway Department to provide safe ingress into and egress out of the parking areas. Traffic flow within the parking areas will be greatly improved with long stacking lanes, which are outside of the parking areas, to separate incoming and outgoing auto traffic from pedestrians, while preventing vehicles from backing up onto either Towne Road or 96th Street at peak arrival and departure times. r, CITY OF CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTIO SPECIAL USE /SPECIAL USE AMENDMENT APPROVAL REQUEST, Fee $894.00pIus $119.00 per acre DOCKET NO. 09120023SUA DATE RECEIVED: 1) Applicant: College Park Church, Inc. Address: 2606 West 96th Street, Indianapolis, IN 46268 2) Project Name: Sanc tuary Expansion Project Engineer /Architect: Aspen Group Tax Map Parcel No.: 17-13-08-00-00-013,301 Page 1 of 8 z: \sharedlforms\BZA applications\ Special Use Application rev. 01/05/2009 Phone Fax 875 -0282 Phone: 582 -5100 Attorney: Gregory P. Cafouros Phone: 692 -9000 Contact Person: Gregory P. Cafouros Phone: 692 -9000 r DEC 1, t Email: gpc@kgrlaw. com Fax: 264 -6832 3) Applicant's Status: (Check the appropriate response) X (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of 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. /Instrument No. See attached Exhibit A Page: Purchase Date: 6) Common address of the property involved: 2606 West 96th Street, Indianapolis, IN 46268 Legal description: See attached Exhibit A 7) State explanation of requested Special Use: The Church has recently acquired an additional 3.0 acres adjacent to its existing 29 -acre parcel. This request seeks to amend the prior approval to add this 3.0 -acre parcel to the existing approved Church use. 8) State reasons supporting the Special Use: (Additionally, complete the attached question!sheet entitled "Findings of Fact-Special Use Growth of the Church membership and expansion of the Church's facilities requires the acquisition of this property for use as part bf Church's use. 9) Present zoning of the property (give exact classification): S 10) Present use of the property: Farm ground 11) Size of lot/parcel in question: 3.0 acres 12) Describe the proposed use of the property: To serve the existing Church with internal driveway improvements and overflow parking. 13) Is the property: 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 Owner occupied Yes Renter occupied Other 15) Has work for which this application is being filed already started? If answer is yes, give details: No Building Permit Number: Builder: 16) If proposed special use is granted, when will the work commence? May 2010 17) If the proposed special use is granted, who will operate and /or use the proposed improvement for which this application has been filed? College Park Church 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. Page 2 of 8 z: \shared \forms \SZA applications\ Special Use Application rev. 01/05/2009 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. STATE OF INDIANA County of N I to h t't for U i SS: (County in which notarization takes place) (Notary Public's county of residence) (SEAL) Amanda Phillabaum Notary Public Seal State of Indiana Marion County My Commission Expires 08/19/2017 AFFIDAVIT (Please Print) Signed: (Property Owr(er, Property Owner's Attorney (Date) or Property ©w er's Power of Attorney) (Property Owner, Attorney, or Power of Attorney) this 1 day of a_C_ �0'1 L' r 20 r) Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument Notary Public Signature Notary Public Please Print My commission expires: e3i, `7 Page 4 of 8 z:\shared \forms \BZA applications\ Special Use Application rev. 01/052009 (SEAL) Exhibit A to Special Use Application a -/i /(71/; 2009. (P GENERAL WARRANTY DEED THIS INDENTURE WITNESS To, that Lisa S. Childers as Trustee of the Lisa S. Childers Revocable Trust "Grantor CONVEYS to College Park Church, Inc., for the sum of One Hundred Thousand and 00 /100 Dollars ($100,000.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real estate "Real Estate in Hamilton County, in the State of Indiana: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE free and clear of any and all encumbrances except those matters insured pursuant to Title Policy No. 4942 issued by Title Services, LLC. Grantor warrants to Grantee, its successors and assigns, that Grantor will forever defend title to the Real Estate (subject to the matters to which this conveyance is herein above made subject) against those claims of all persons whomsoever who shall claim title to or assert claims affecting the title to the Real Estate, or any part thereof, under, by or through, or based upon the acts of the Grantor. The undersigned person executing this deed on behalf of Grantor certifies that he has been duly authorized and fully empowered by all the necessary action of Grantor, and has full power and authority to execute and deliver this deed, Grantee's post office address is and tax statements should he sent to: College Park Church, Inc. 2606 West 96 Street Indianapolis, IN 46280 IN WITNESS WHEREOF, Grantor has executed this deed this /J'day of August, Witness /7%) Printed: co-ti r ban GRANTOR 2009058499 GENWARR DE $23.00 10/06/2009 09:43:56A 4 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented Lisa S. Childers DULY ENTERED FOR TAXATION c- Subject to final acceptance for transfer G day of O c t-dr� ox. 20 at �r l t /d /IJUldt1k Auditor of Hamilton Courtly Parcel o$•oo oq_Q, STATE OF INDIANA SS: COUNTY OF Atria 1 Flefore me, the undersigned, a Notary Public, in and for said County and State this 15 day of i of hn 6Q/ 2009, personally appeared Lisa S. Childers, who, having been duly swbm, acknowledge the execution of this General Warranty Deed. seal. N WITNESS WHEREOF, I have hereunto subscribed my name and affixed by official My Commission Expires: My County of Residence: Mb f Q^ TANA N. STEWART Notary Public, State of Indiana Marion County Commission 577671 My Commission Expires January 15, 2016 1 affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. /Mark J. Colucci, Esquire/ This instrument repared by ,1'� 1L whose address is /t,062 /t,062 �l u �T• tTinQ IS 1.1 t( (0•75 Return recorded Deed to: Grantee at Grantee's address set forth above. Send tax statements to Grantee at Grantee's address set forth above. EXHIBIT "A" Land Description (Remainder Parcel) Part of the Southeast Quarter of the Southeast Quarter of Section 8, Township 17 North, Range 3 East, Hamilton County, Indiana, being further described as follows: Commencing at the northeast comer of said Quarter Quarter Section (said comer being distant 1336.92 feet from the southeast corner of said Southeast Quarter Section); thence South 88 degrees 30 minutes 30 seconds West (basis of bearings being the east line of said Southeast Quarter Section, bearing North 00 degrees 00 minutes 00 seconds East) along the north line of said Southeast Quarter Quarter Section a distance of 255.01 feet to the Point of Beginning and the northwest comer of a certain 0.105 acre cutout parcel to Miller; thence South 00 degrees 00 minutes 00 seconds West parallel with the east line thereof a distance of 153.34 feet; thence North 88 degrees 30 minutes 30 seconds East parallel with the north line thereof a distance of 30.01 feet to the southwest corner of property to Miller, as described in Instrument Number 2005 -25449 and recorded in the Office of the Recorder of Hamilton County, Indiana, also being on the east line of property to Childers as described in Instrument Number 1996 9636738; thence South 00 degrees 00 minutes 00 seconds West along the east line of said Childers Property a distance of 152.87 feet to the north line of property to College Park Baptist Church Inc and recorded as Instrument Number 2000 63828; thence South 88 degrees 39 minutes 10 seconds West along the north line thereof and the north line of property to College Park Baptist Church Inc and recorded as Instrument Number 2004 -45824 a distance of 448.71 to the west line of said Childers property; thence North 00 degrees 02 minutes 27 seconds West along the west line thereof a distance of 305.07 feet to the north line thereof; thence North 88 degrees 30 minutes 30 seconds East along the north line thereof a distance of 418.95 feet to the Point of Beginning, containing 3.043 acres, more or less. Docket No. Petitioner: 1. 2. 3 4. 5. 6. 09120023SUA College Park Church, Inc. DATED THIS 26th DAY OF January CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana FINDINGS OF FACT SPECIAL USE (Ballot Sheet) 20 10 Board Member Page 7 of 8 z\shared forms \BZA applications\ Special Use Application rev. 01/05/2009 JAN 1 4 2010 9. DOCS Docket No.: 09120023SUA CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Petitioner: College Park Church, Inc. FINDINGS OF FACT SPECIAL USE 1. The premises in question is particularly physically suitable for the proposed Special Use because: It is adjacent to the existing 29.1 -acre Church property currently used for Church purposes. 2. The Special Use will not injuriously or adversely affect economic factors, such as cost/benefit to the community and its anticipated effect on surrounding property values because: No signiicant economic impacts are expected to the community at lar ,e or surrounding owners due to the small amount of additional undevelope• tarm ground being added to the existing Church uses. 3. The Special Use will be consistent with social /neighborhood factors, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed ecial Use will affect neighborhood inje rity bc use: urch uses are a permitted 8peciai use in S -1 districts, the subject property is adjacent to and integral with permitted Church special uses in the neighborhood. 4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm drainage facilities and police and fire protection because: No additional utility, drainage or police and fire protection impacts will occur due to this Special Use request. 5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed because: The additional internal driveway and overflow parking in the subject property will improve traffic and safety in the area. DECISION Yes No: The Board has reviewed the requirements of Ordinance Z -160, Section 21.03 (1 -26) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Special Use Docket Number 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 Page 8 of 8 z:lshared\forms\BZA applications\ Special Use Application rev. 01/05/2009 Conditions of the Board are listed on the back. (Petitioner or his representative to sign).