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Holmes, Christine B
From: Holmes, Christine B
Sent: Tuesday, December 15, 2009 5:45 PM
To: Blanchard, Jim E; Boone, Rachel M.; Brewer, Scott I; Conn, Angelina V; DeVore, Laura B;
Donahue -Wold, Alexia K; Duncan, Gary R; Ellison, Christopher M; Hancock, Ramona B; Hohlt,
William G; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Lillard, Sarah N;
Littlejohn, David W; Martin, Candy; Mast, Darren (dmast @carmel.in.gov); Mindham, Daren; Miser,
Craig; Pohl, Bryan W; Stewart, Lisa M; Tingley, Connie S; Weddington, Trudy A.
Cc: 'Jon Dobosiewicz'
Subject: Docket No. Assignment:PFM Car Truck Care Center #09120011 UV)
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for PFM Car
Truck Care Center. It will be the following:
Docket No. 09120011 UV $2254.55
($1487 fee plus $119 /acre x 6.45 acres)
Total Fee: $2254.55
PFM Car Truck Care Center
The applicant seeks the following use variance approval:
Docket No. 09120011 UV PUD Z- 500 -06 Vehicle repair not permitted in PUD
The site is located at 1441 South Guilford Avenue on 6.45 acres and is zoned PUD.
Filed by Jon Dobosiewicz of Nelson Frankenberger, LLC for Five J LLC.
Petitioner, please note the following:
1. This Item has been docketed for the December 16, 2009 agenda of the Technical Advisory
Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, January 1, 2010.
Published notice is required within the Indianapolis Star. Note: the placement of a public hearing
sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see
attached PDF). Please note, obtaining addresses from the County Auditor's Office may take up to five
days.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday,
January 22. 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, January 15. Failure to submit Informational Packets by this
time will result in the automatic tabling of the petition to the February 22, 2010 agenda of the BZA.
5. This Item will appear on the January 26, 2010 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. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the
item to be heard. If no one appears, it will be tabled to the February 22, 2010 meeting.
8. PETITIONER: refer to your instruction sheet for more details.
Mr. Dobosiewicz may be reached at 317.844.0106
Department's Review Comments; petitioner, please complete the following:
1. Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM. 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. Please make checks payable to the City of Carmel.
3. Please provide filled out and notarized placement of public notice sign affidavit.
12/15/2009
Page 2 of 2
4. Please provide proof of notice from the Indy Star.
5. Please provide green signed return receipts.
Thank you.
Christine Barton Holmes, LEED AP BD +C
Planning Administrator
Department of Community Services
City of Carmel
One Civic Square
Carmel, Indiana 46032
317.571.2424
317.571.2426 fax
A Please consider the environment before printing
12/15/2009
0
CITY OF CARMEL /CLAY TOWNSHIP
c
i
HAMILTON COUNTY, INDIANA RECE1
APPLICATION FOR BOARD OF ZONING APPEALS ACTION 't DOC
USE VARIANCE
FEE: $1,487.00 plus $119.00 per acre /6. 2/1
DOCKET NO. Oi t2 (Ll tt i DATE RECEIVED: December 10, 2009
1) Applicant: Five J LLC (see Exhibit "B
Address: see Exhibit "B" Phone: see Exhibit "B"
2) Project Name: PFM Car Truck Care Center
Engineer /Architect: see Exhibit "B"
Attorney: see Exhibit "B"
Contact Person: Jon C. Dobosiewicz Email: jon(&nf- law.com
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
X (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: PSI Energy, Inc. dba Cinergy -PSI Phone: 0
Landowner Address: 400 South Tryon Street, Charlotte, NC 28285
5) Record of Ownership:
Deed Book No. /Instrument No.: 2005 -1156
6) Common address of the property involved: 1441 South Guilford Avenue, Carmel, IN 46032
Legal description: see Exhibit "A"
Tax Map Parcel No.: 17- 09- 36- 00 -00- 054.000
7) State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of
the Carmel /Clay Zoning Ordinance which applies and /or creates the need for this appeal).
Five J, LLC is the contract purchaser of the subject real estate and seeks approval to renovate an existing building
and add a 3,900 square foot addition. Among other permitted uses they plan to occupy the building with an auto
and truck repair business utilizing the existing maintenance bays at the rear of the existing building.
The real estate is zoned Park Place PUD where Equipment Sales and Repair (indoor) is a permitted use, however
Car and Truck Repair is not specified and therefore requires use variance approval by the Board to allow the reuse
of the existing maintenance bays.
In conjunction with the use variance request, Five J LLC is also seeking ADLS approval for this project.
j -6•0Q Page 1 of 8 Use Variance Application
0
8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact -Use Variance
See findings of Fact.
9) Present zoning of the property (give exact classification): Park Place PUD
10) Present use of the property: Unoccupied Duke Energy Maintenance Facility
11) Size of lot /parcel in question: 6.45 acres
12) Describe the proposed use of the property: Automobile and Truck Repair Indoor,
Retail and Service use Multi- tenant Building
13) Is the property: Owner occupied X
Renter occupied
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.
No
15) Has work for which this application is being filed already started? No. If answer is yes, give details:
Building Permit Number: N/A
Builder:
16) If proposed appeal is granted, when will the work commence?
Immediately upon obtaining all required approvals
17) If the proposed appeal is granted, who will operate and /or use the proposed improvement for which this
application has been filed?
The Applicant, its successors and assigns
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:
Page 2 of 8 Use Variance Application
1 0
STATEMENT OF APPLICANT
I hereby state that I am the contract purchaser of property involved in this application and that the
foregoing signatures, statements and answers herein contained and the information herewith submitted are
correct.
Five J, LLC
BY #A
John e y r
Dul authori •d representative of Five J, LLC
State of .7 d, ri
SS:
County of /-14
Before me the undersigned, a Notary Public for M c.r+ County, State of Indiana,
personally appeared John Neely and acknowledged the execution of the foregoing instrument this /0A
day of December, 2009.
My Commission Expires: �or,`I ,2 2 fj%(p c.tivti
I Notary PubliV
£v ::F BECKY J. TURNER
tio .frr
Marion County
rr
My Commission Expires
April 24, 2016
Page 4 of 8 Use Variance Application
0
EXHIBIT "A"
Legal Description
Situated in the State of Indiana, Count of Hamilton and being a part of the Southwest Quarter of Section 36,
Township 18 North, Range 3 East of the Second Principal Meridian, more particularly described to -wit:
Commencing at a 5/8 inch rebar marking the Northeast corner of the Wets half of the Southwest quarter of Section
36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14 seconds West 66.00 feet with the
North line of said West half quarter; thence South 00 degrees 10 minutes 31 seconds East 2046.57 feet to a mag
nail and the true point of beginning of the real estate herein described; thence North 89 degrees 22 minutes 51
seconds East 310.05 feet to a 5/8 inch rebar; thence South 62 degrees 26 minutes 57 second East 369.74 feet to a
5/8 inch rebar; thence North 89 degrees 22 minutes 51 seconds East 92.14 feet to a 5/8 inch rebar on the East line of
the West half of the East half of said Southwest quarter; thence South 00 degrees 14 minutes 34 seconds East
328.16 feet with said East line to a 5/8 inch rebar marking the Northeast corner of a 2.215 acre tract as described in
Instrument Number 200500011156 in the Office of the Recorder in Hamilton County, Indiana; thence with the
northern Line of said 2.215 acre tract South 89 degrees 38 minutes 37 seconds West 43.46 feet to a 5/8 inch rebar;
thence South 68 degrees 48 minutes 29 seconds West 28.03 feet to a 5/8 inch rebar; thence South 89 degrees 21
minutes 50 seconds West 265.75 feet to a 5/8 inch rebar; thence North 17 degrees 59 minutes 24 seconds West
55.00 feet to a 5/8 inch rebar; thence South 89 degrees 21 minutes 50 seconds 295.28 feet to a 5/8 inch rebar;
thence North 39 degrees 02 minutes 25 seconds West 14.97 to a 5/8 inch rebar; thence North 00 degrees 09 minutes
12 seconds West 360.89 feet to a 5/8 inch rebar; thence South 89 degrees 50 minutes 48 seconds 73.13 feet to a
mag nail; thence North 00 degrees 10 minutes 31 seconds West 86.83 feet to a point of beginning, containing 6.45
acres, more or less.
Subject to all rights -of -way and pertinent easements of record.
EXHIBIT "B"
CONTACT LIST
1. Applicant: Five J LLC
Attn: John Neely
4902 W. 106` Street
Zionsville, IN 46077
Phone: (317) 733 -3977
Fax: (317) 733-3976
E -mail: jneely(@pfmautomotive.com
2. Land Use Professional/
Legal Counsel: Jon C. Dobosiewicz
James E. Shinaver
Nelson Frankenberger
3105 E. 98 Street, Suite 270
Indianapolis, IN 46280
Phone: (317) 844 -0106
Fax: (317) 846-8782
Email: Jim law.com
jon(li nf- law.com
3. Engineer: Edward Fleming
Weihe Engineers, Inc.
10505 N. College Avenue
Indianapolis, IN 46280
Phone: (317) 846 -6611
Fax: (317) 843 -0546
E -mail: ShieldsJ(&weihe.net
4. Architect: Jon Byrum, RA, LEED AP Principal
Byrum Architects
8910 Purdue Road, Suite 680
Indianapolis, Indiana 46268
Phone: (317) 471.1200
FAX: (317) 471.1224
E- mail: ibyrum(&byrumarchitects.net
5. Builder: Steve Shehorn
T &W Corporation
3841 W. Morris Street
Phone: (317) 244 -7637
Fax: (317) 244 -6348
E -mail: sshehorn(&twcorp.net
1.�
OWNER'S CONSENT
The undersigned, being the owner of the real estate described in what is attached
hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate hereby
authorizes Five J LLC, and any of its affiliates, successors and assigns (the "Applicant)
along with its employees, engineers, land planners, attorneys, attorney's employees, and
agents, as follows:
1. To file with the Plan Commission of the City of Carmel (the "Plan
Commission and the Board of Zoning Appeals of the City of Carmel (the
"BZA with respect to the Real Estate, applications to obtain (i) architectural
design, lighting, landscaping and signage "ADLS Amendment approval,
(ii) use variance and developmental standards variances; and, (iii) any other
approvals that may be required or deemed necessary by the Applicant to
develop the Real Estate to allow Retail and Service Uses including but not
limited to Automobile and Truck Repair Indoor (collectively the
"Approvals
2. To pursue the Approvals before the Plan Commission and any committees of
the Plan Commission and the BZA;
"Duke Energy"
By: �w
Printed Name: Kristina L. Breeding, SR/WA
Title: Manager, Right of Way
Date: V q/0
EXHIBIT "A"
Situated in the State of Indiana, Count of Hamilton and being a part of the Southwest
Quarter of Section 36, Township 18 North, Range 3 East of the Second Principal
Meridian, more particularly described to -wit:
Commencing at a 5/8 inch rebar marking the Northeast corner of the Wets half of the
Southwest quarter of Section 36, Township 18 North, Range 3 East; thence South 89
degrees 15 minutes 14 seconds West 66.00 feet with the North line of said West half
quarter; thence South 00 degrees 10 minutes 31 seconds East 2046.57 feet to a mag nail
and the true point of beginning of the real estate herein described; thence North 89
degrees 22 minutes 51 seconds East 310.05 feet to a 5/8 inch rebar; thence South 62
degrees 26 minutes 57 second East 369.74 feet to a 5/8 inch rebar; thence North 89
degrees 22 minutes 51 seconds East 92.14 feet to a 5/8 inch rebar on the East line of the
West half of the East half of said Southwest quarter; thence South 00 degrees 14 minutes
34 seconds East 328.16 feet with said East line to a 5/8 inch rebar marking the Northeast
corner of a 2.215 acre tract as described in Instrument Number 200500011156 in the
Office of the Recorder in Hamilton County, Indiana; thence with the northern Line of
said 2.215 acre tract South 89 degrees 38 minutes 37 seconds West 43.46 feet to a 5/8
inch rebar; thence South 68 degrees 48 minutes 29 seconds West 28.03 feet to a 5/8 inch
rebar; thence South 89 degrees 21 minutes 50 seconds West 265.75 feet to a 5/8 inch
rebar; thence North 17 degrees 59 minutes 24 seconds West 55.00 feet to a 5/8 inch
rebar; thence South 89 degrees 21 minutes 50 seconds 295.28 feet to a 5/8 inch rebar;
thence North 39 degrees 02 minutes 25 seconds West 14.97 to a 5/8 inch rebar; thence
North 00 degrees 09 minutes 12 seconds West 360.89 feet to a 5/8 inch rebar; thence
South 89 degrees 50 minutes 48 seconds 73.13 feet to a mag nail; thence North 00
degrees 10 minutes 31 seconds West 86.83 feet to a point of beginning, containing 6.45
acres, more or less.
Subject to all rights -of -way and pertinent easements of record.
Z 0
CARMEL GREEN BUILDING /RENOVATION CHECKLIST
FOR PFM
These items are not required by the current Zoning Ordinance or Building Code, but are
strongly recommended by the Department of Community Services. Green building and
design saves energy and money while providing for a more sustainable community.
NEW CONSTRUCTION
n Bicycle lockers /changing rooms /showers
Best Management Practices for stormwater
Ff Native landscaping /tree preservation
Connectivity to adjacent sites
nPedestrian
MVehicular
n Green roof
nWhite membrane/high albedo roof
nPorous pavers /permeable pavement in parking lot
nRec areas onsite
EInternal recycling areas
nExternal recycling areas
nParking islands landscaped to provide shade within 5 years
M High- efficiency lighting inside and outside
nBuilding and finishing materials sourced from within 500 miles
®Water- efficient fixtures throughout
nUse of recycled materials in construction and fit -out
nOperable windows for cross ventilation and light
(High- efficiency HVAC systems
nUse of Energy Star or similar appliances
MLow VOC paints, coatings, and sealants
nLow -E glass
MLow VOC flooring materials
nLight and motion sensors for lighting and water fixtures
nWind turbine and/or photovoltaic panels, placed to maximize efficiency and minimize
visual impact.
RENOVATION
Same as above plus:
Building reuse
Site materials reuse
nIncrease in green space /landscaping
nReduction of runoff
2.3 Parcel 3. In. addition to the uses on Parcel 1, the. following uses shall be permitted from
the Carmel /Clay Zoning Ordinance, Appendix A: Schedule of Uses
a. Office Uses: Clinic or Medial Health Center, Research Laboratory/Facility, General
Offices, and Professional Office
b. Institutional Uses: Public Service Facility.
c. Retail Service Uses: General Retail Sales, Lumber, Building Materials Sales
(enclosed), General Service; Equipment Sales/Repair (indoor), Financial Institution,
Automated Teller Machine. (ATM), Funeral Monte/Mortuary/ Crematory, Veterinary
Hospital without commercial kennel, Wholesale Sales (enclosed).
d. Cultural /Entertainment Uses: An Gallery, Art Music Center (enclosed), Catering
Establishment, Restaurant without drive -thru food sales, Meeting or Party Hall, Museum.
e. industrial Uses: Light industrial, Storage and /or Warehousing (indoor), Light
Manufacturing: Printing/Publishing Establishment, Storage/Distribution Facility,
Wholesaling Facility.
f. Recreational Uses: Indoor Commercial Recreational Facility, Public Park.
g. Miscellaneous: Artificial Lake or Pond, non platted (Special Use).
h. Temporary. Uses: Construction Facility.
i. Transportation Communication Uses: Collocated Antenna, Radio/Television Antenna
(Special Use). Wireless Telecommunications Antenna, Private Parking Area (Accessory).
Section 3 Accessory Buildings and Uses.
All Accessory Structures and Accessory Uses shall be permitted except that any detached
accessory building shown on any development plan shall have on all sides the same architectural
features or shall be architecturally compatible with the principal building(s) with which it is
associated. A temporary on -site sales office and/or sales trailer shall be permitted.
Section 4 Communication Equipment.
Cell towers shall not be permitted. Personal satellite dishes to provide service to the residents
shall be permitted, so long as they do not exceed twenty four (24) inches. in diameter.
Section 5 Height, Area and Development Requirements
5.1 Parcel 1. Height and Area Requirements
5.1(a) The maximum Building Height shall be filly -live (55) feet.
5.1(b) The minimum front yard Set Back shall be sixty (60) feet from the perimeter
boundary line.of the Real Estate.contiguouswith Guil ford Road.
5.1(c) The minimum side yard Set Back adjacent to the northern and eastern property
line of the Real Estate shall be seventy five (75) feet and the minimum side yard Set
Back adjacent to the southern property line of the Real Estate shall be fifty (50) feet.
5.1(d) The maximum Parcel Coverage.shall be twenty -five percent (25
5
DEFINITIONS
Equipment Sales Repair. The use of land, buildings or structures for the sale, storage or
repair of equipment and machinery, which may include but is not limited to farm implement sales
and repair and small engine sales and repair.
Industrial, Light. An industrial Use which creates a minimum amount of nuisance outside the
plant, is conducted entirely within enclosed Buildings, does not use the open area around such
Buildings for storage of raw materials or manufactured products or for any other industrial
purpose other than transporting goods between Buildings, provides for enclosed loading and
unloading berths and which is not noxious or offensive by reason of the emission of smoke, dust,
fumes, gas, odors, noises or vibrations beyond the limits established herein. This may include a
machine shop, sign shop, welding shop, sheet metal shop, specialized contractor shop, or
exterminating shop.
Manufacturing, Light. The manufacture, predominantly from previously prepared materials, of
finished products or parts, including processing, fabrication, assembly, treatment and packaging
of such products, and incidental storage, sales, and distribution of such products, but excluding
basic industrial processing and custom manufacturing. This may include a lithographing
establishment.
Public Service Facility. Those facilities and installations which are intended to be accepted for
maintenance by a governmental authority or public utility.
Recreational Facility, Commercial Indoor. Any area of land, Buildings and /or facilities used
or intended for indoor recreational purposes and operated for remuneration. This may include
amusement parks and arcades, billiard parlors, bowling alleys, dance halls, shooting galleries,
indoor skating rinks, indoor sports facilities, and indoor tennis and racquetball facilities.
ID a o: air f[n,door /fir ncThf a:Wage building, ina prove tints, Cg
reps it egr3 bmaiiirte-raamee OOf' auto obiles, &mak trailers, opr 610411w. w 1-
°rtiQuding X04 Effia, go body, fender, =l1C C pho II y work, Ool change nrcli lubrication
ioaintntag firm gemblog mad sales OT itastaillatu i cf CB radios. @EIF a1a i s, str® t4
mum We how
Storage or Distribution Facility. A facility where goods are received and /or stored for delivery
to the ultimate customer at remote locations. This includes food products distributing stations,
trucking terminals, and packaging facilities.
Storage and /or Warehousing, Indoor. An enclosed space or place where goods, materials, or
personal property is placed and kept for more than 24 consecutive hours. This may include cold
storage lockers, self storage or mini warehouse facilities, commercial warehouse storage, and
contractor storage facilities.
Wholesaling Facility. A facility primarily engaged in the selling and /or distributing of bulk
merchandise to retailers, industrial, commercial, institutional, or professional business users, or
to other wholesalers. This may include a transportation facility.