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HomeMy WebLinkAboutPacket 06-28-10PILGRIM LUTHERAN CHURCH Northwest Corner Shelborne Road and 106 Street Docket No. 10060010 V DEVELOPMENTAL STANDARDS VARIANCE APPLICATION CITY OF CARMEL, INDIANA June 28, 2010 Carmel Board of Zoning Appeals Hearing Officer Applicant: Pilgrim Lutheran Church Nelson Frankenberger c/o Charles D. Frankenberger c/o Jon C. Dobosiewicz EE 1 1• TABLE OF CONTENTS Tab 1 Explanation Tab 2 Aerial Photograph of Existing Location Tab 3 Aerial Photograph of New Location Tab 4 Minutes of 2002 BZA Hearing on Special Use Tab 5 2002 Findings of Fact for Special Use Tab 6 2002 Findings of Fact for Variance Extending Life of Special Use Tab 7 2002 Letter of Grant Tab 8 Letter for Department of Community Services administratively extending life of special use to July 22, 2010 TAB 1 EXPLANATION The Pilgrim Lutheran Church is presently located at 103r Street and Meridian Street, in the northwest quadrant of U.S. 31 and I -465. By way of general background, in 2002 the Church learned of the State of Indiana's plans to improve the ramp system at I -465 and U.S. 31, utilizing the Church's property. In order to survive, it became necessary for the Church, back in 2002, to begin to plan for its relocation and, to this end, the Church identified a 20 -acre parcel located on the northwest corner of 106"' Street and Shelbome Road (the 'New Location The New Location is zoned S- I Residential, in which a Church is a special use. As such, in purchasing the New Location, the Church was faced with a dilemma; because of circumstances beyond the Church's control, the Church had to request a special use and secure the New Location (i) before the Church was able to determine what compensation they might receive from the State of Indiana in the exercise of its condemnation powers (ii) and before the Church knew, with specificity, what its new site and building would look like. Consequently, back in 2002, the Church did the best it could under the circumstances and asked the BZA to approve the special use for the New Location on the condition that the Church would later return to the BZA once the Church knew with specificity what its site and building would look like. To this end, the BZA approved the Church's special use for the New Location on July 22, 2002, subject to the condition that the Church would later return to the BZA once it knew what its site and building would look like. When the special use was approved in 2002, it was apparent that a significant amount of time might transpire before the State of Indiana actually acquired the existing location and before the Church was able to determine what its site and building would look like. Consequently, in 2002 the BZA also approved a development standards variance extending the life of the special use and, afterward, the Department of Community Services administratively extended the life of the special use until July 22, 2010. Under the current approvals, therefore, the special use will expire if the Church does not continuously commence construction by July 22, 2010. The problem, however, is that while the State of Indiana has moved closer towards settlement with the Church, it has not yet paid the Church and acquired the existing location. Consequently, although the Church believes that the closing with the State of Indiana is imminent and that the Church will soon be able to design its site and building, the amount to be paid has not yet been determined and, as such, the Church still remains unable to determine with specificity what its site and building will look like. The Church is hopeful and optimistic that this uncertainty will soon conclude, but, in the interim, and again for reasons beyond the Church's control, the Church is respectfully requesting that the original approval of the special use, again be expended for an additional 2 years, to and including July 22, 2012. The Church recognizes that, as a condition of the approval of this request, the Church will be required to return to the BZA before July 22, 2012 so that the BZA can, in connection with the special use granted in 2002, review the Church's site and building. We look forward to presenting this to the Hearing Officer on June 28, 2010. Respectfully submitted, Charles D. Frankenberger Jon C. Dobosiewicz TAB 2 IL E I NN Erp B p who" rL 5-4 A ti Site Location Map Existing Property f f x f. •1• 4• f TAB 3 Site Location Map New Property TAB 4 Carmel/Clay Board of Zoning Appeals July 22, 2002 Page 4 of 9 Special Studies Committee approved the petition with conditions regarding the design of the sign that were outlined by Mrs. Christiansen. Docket V -95 -02 requests an eight (8) foot sign and should be amended in the record to request for a seven and one -half (7 %2) foot Multi -tenant Building Complex Directory Sign. Docket V -96 -02 should be amended to request for an encroachment into the right -of -way, rather than a reduction of the minimum setback. The Department is recommending favorable consideration of these petitions with the following conditions: that the sign comply with the conditions of Docket 73 -02 ADLS Amend; that the Petitioner get consent to encroach approval from the Board of Public Works and Safety; and the Petitioner submit commitments for removal of the sign should the City ever require to do work in that segment of the right -of -way. A picture of the area was viewed, showing existing buildings and location for the sign. Mr. Weinkauf moved to approve V- 93 -02, Meridian Mark III, Lot 1. The motion was seconded by Mrs. Rice and APPROVED 5 -0. Mr. Dierckman moved to approve, with conditions, V- 94 -02, Meridian Mark III, Lot 1. The motion was seconded by Mrs. Rice. Discussion followed regarding the height of the sign and the size of the letters. Mrs. Christiansen affirmed the lettering would be adjusted and made proportionate to fit the 7 foot 6 inch sign. The motion for V- 94 -02, Meridian Mark III, Lot 1 was APPROVED 5 -0. Mr. Dierckman moved to approve, with conditions and amendments, V- 95 -02, Meridian Mark III, Lot 1. The motion was seconded by Mrs. Rice and APPROVED 5 -0. Mr. Dierckman moved to approve, with conditions and amendments, V- 96 -02, Meridian Mark III, Lot 1. The motion was seconded by Mrs. Plavchak and APPROVED 5 -0. 23 -24j. Pilgrim Lutheran Church (SU- 140 -02; V- 141 -02) Petitioner seeks Special Use approval under Section 5.2: Special Uses of the conceptual plan for a church on 20.6± acres. In addition, the petitioner seeks approval of a Development Standards Variance of Section 21.2.7: Time Limit in order to extend the deadline for commencement of continuous construction to five (5) years. The site is located northwest of the intersection of West 106 Street and Shelborne Road. The site is zoned S -1 /Residence Very Low Density. Filed by Charles D. Frankenberger of Nelson Frankenberger for Pilgrim Lutheran Church. Present for Petitioner: Jim Nelson, Nelson Frankenberger, 12481 Medalist Parkway, members of the congregation and members of the site selection committee. Presently the church is located at 103rd Meridian Streets in the northwest quadrant of U.S. 31 and I -465. In planning for future re- location, the church has agreed to purchase a 20 acres parcel located at 106 Street and Shelborne Road. The Special Use is for church use only of this parcel. No construction will begin until the church reappears before this Board with construction plans in the form of a Special Use Amend application. The Developmental Standards Variance is requested to extend the deadline for commencement of construction. The church has been at the current location for 50 years and has seen substantial development around its existing location. The need to plan for relocation arises out of plans by the State of Indiana to improve the ramp system at I -465 U.S. 31, utilizing church property. In order to survive, the church believes it must plan for relocation today. The church has chosen to acquire land, but does not know what the physical needs Page 4 Carmel/Clay Board of Zoning Appeals July 22, 2002 Page 5 of 9 will be nor what it can afford. A conceptual development plan was provided, showing sanctuary, fellowship hall, multi purpose facility, parking, and some space for recreational purposes. The requested variance is for August 1, 2007, or one year from the date the Church comes back before the Board. Members of the public were invited to speak in favor of, or opposition to the petitions. No one appeared and the public hearing was closed. Mr. Lillig gave the Department Report. The petition has gone to Technical Advisory Committee for preliminary review and the Petitioner has been apprised of several items that will become an issue once they are ready to develop this site. In the future they will come back to the Board of Zoning Appeals for Special Use Amendment approval when they have prepared specific plans and are ready to move from the existing facility on North Meridian Street. The Department recommends favorable consideration of these petitions with the Condition that the fifty -foot half right -of -way for West 106 Street be dedicated once the church has acquired the property. Mr. Weinkauf wanted to go on record that a church should not have to go through all of the red tape and expense to achieve what is already something they basically have the right to do, as churches are allowed in an S- I area. Mrs. Plavchak moved to approve, with condition, SU- 140 -02, Pilgrim Lutheran Church. The motion was seconded by Mr. Weinkauf and APPROVED 4 -0, with Mr. Dierckman abstaining. Mr. Weinkauf moved to approve V- 141 -02, Pilgrim Lutheran Church. The motion was seconded by Mrs. Rice and APPROVED 4 -0, with Mr. Dierckman abstaining. 25 -26j. Edmo's Ammo Guns (V- 142 -02; V- 143 -02) Petitioner seeks approval of the following Development Standards Variances: V- 142 -02 §25.7.02- 8(b)(i): Number Type two (2) Identification Signs V- 143 -02 §25.7.02 -8(e): Location setback from Proposed West Smokey Row Road right -of -way The site is located at 20 West Smokey Row Road. The site is zoned B -2 /Business. Filed by Richard W. Edmonson. Present for Petitioner: Richard W. Edmonson, 15396 N. Gray Road, Noblesville, IN. When he purchased the property, he replaced the existing signs with new lettering without permits. In January he received notice that the signs were in violation and he is trying to make them right. Building sets back off the street and is hard to see, making the ground sign very important. Members of the public were invited to speak in favor of, or opposition to the petitions. No one appeared and the public hearing was closed. Mr. Lillig gave the Department Report. The Department is recommending favorable consideration of these petitions with the condition that the address on the signs be changed from "20 8 Street NW" to "20 West Smokey Row Road" in accordance with the officially recognized principal name of this road segment. This is an oddly shaped piece of property and the Department believes there is a hardship with respect to identification, given the position of this building and the amount of road frontage that is available. Mr. Dierckman agreed it is difficult to locate the building. This additional signage is needed. Page 5 TAB 5 N Exhibit "C" CARMEUCLAY ]BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: L— I q Oa Petitioner: Pilgrim Lutheran Church of Indianapolis, Inc. FINDINGS OF FACT SPECIAL USE 1. The Special Use in Flood Plain District, Ordinance Z -160, Section 21,6 as amended Doesldoes not apply and ail prerequisites have been met by Petitioner as verified by Petitioner. 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel /Clay Comprehensive Plan because a church is a permitted special use under the S -1 Residence District classification; is presumed appropriate; and no evidence of probative value was presented to the contrary. 3, The Special Use is physically suitable for the land in question because a church is a permitted special use under the S -1 Residence District classification; is presumed appropriate; and no evidence of probative value was presented to the contrary. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because a church is a permitted special use under the S -1 Residence District classification, is presumed appropriate; and no evidence of probative value was presented to the contrary. 5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage, or storm drainage facilities, or police or fire protection because such municipal services are available to the property and the impact of the proposed use has been favorably reviewed by TAC. 6. The Board has reviewed the requirements of Ordinance Z -160, Section 21.4 (1 -25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use, True. D1CISIO1� IT 1S THE REFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket No. V 141 -0,? 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 22n day of duly, 2002_ CHAIRPER Carrel! lay Board of Zoning Appeals I 'N SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). 4 Special USe r P CARNIEL/CLAY BOARD OF ZONI APPEALS CARMEL, INIDIANA Docket No.: SU- I40 -02 .Petitioner: Pilgrim Lutheran Church FINDINGS OF FACT— SPECIAL USE l 2. 3. 4. S. 6. DATED this 22n day of July, 2002. f O MB II 1FELLYVIM NT1LQRWBZA BALLOT SHT.SV.DOC jl I Special Use CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: SU- 140 -02 Petitioner: Pilgrim Lutheran Church FINDINGS OF FACT SPECIAL USE 1. 2. 3. 4. 5. 6. DATED this 22 °a day of July, 2002. H KFLLY)JIM NVILGR1M\BZA BALLOT SHT.SU.DOC is r r: r Special Use CA:RMELICLAY BOARD OV ZONING APPEALS CARMEL, INDIANA Docket No,: SU- 140 -02 Petitioner: Pilgrim Lutheran Church FINDINGS OF FACT SPECIAL USE 1. 2. 3. 4 5. 6. DATED this 22 day of July, 2002. IN IT_TELLYUIIvI NTILGRavETZA 13ALLOT SHT.SLIMCC Special Use CARVIEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: SU- 140 -02 Petitioner: Pilgrim Lutheran Church FIN D1_NGS OF FACT SPECIAL USE 3. H 5. W DATED this 22"' day of July, 2002. BOARD MEMBER I1AULLY0314 N%P3L0RV"Z.S BALLOT SHT.SU MIC Special Use I CARMEL /CLAY BOARD OF ZONING APPEALS 4 CARMEL, INDIANA NS Docket No.: SU 140 -02 2- qz e6 Petitioner: Pilgrim Lutheran Church �1,, C s U"" �G .FINDINGS OF FACT SPEC[AL USE 1. I 2. I 3. 4. 5. 6, DATED this 22 °11 day of July, 2002. BOARD MEMBER. II`_1K67.LS ",]a4 NTIL. ;KLM'UHZA BALLOT STIT_911_Doc TAB 6 A.F; Jill t EXHIBIT "C" CARMEL/CLAY BOARD OF ZONING APPEALS Docket No.; U CARMEL, INDIANA 0 .2 Petitioner: Pilgrim Lutheran Church of Indianapolis, Inc. FINDINGS OF FACT DEVELOPMENTAL STANDARDS VARIANCE The approval of this Variance will not be injurious to the public health, safety, morals and general welfare of the community because: the use of the real estate has been approved by the BZA, and construction of the Church facility cannot commence without prior approval of the plans by the BZA. 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 use of the real estate has been approved by the BZA, and construction of the Church facility cannot commence without prior approval of the plans by the BZA. 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 Applicant requires additional time to plan its church facility following acquisition of the property and a prior determination by the BZA that church use is acceptable. DECISION IT IS THEREFORE, the decision of the Carmel/Clay Board of Zoning Appeals that Developmental Standards Variance Docket No. S -1 s 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 22 day of July, 2002, CHAIRPERSON, C eUClay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). 6zo'-'� ea'� H:W9LLY\YEM NWHINO FORMSWARIANCE (DEVELOPMENTAL) APP CARWL (ALSO S36N).DOC Variance CARMELlCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: V- 141 -02 Petitioner: Pilgrim Lutheran Church FINDINGS OF FACT VARIANCE 2, 3. DATED this 22 day of July, 2002, BOARD MEMB R H �KFLLWIM 94 BALT.OT 9 HT.V.DOC Variance CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: V'- 141 -02 Petitioner:. Pilgrim Lutheran Church FINDINGS OF FACT VARIANCE 1. 2. 3. DATED this 22 day of July, 2002. BOARb MEMBER H1E`ELLYIJR,l N1TILOATtvf1[3ZA BALLOT 5HTNI)OC' �l Variance CARMEL /CLAW BOARD OF ZONING APPEALS CAIZM EL, INDIANA Docket No.: V- 141 -02 Petitioner: Pilgrims Lutheran Church FINDINGS OF FACT VARIANCE 2. 3. DATED this 22 day of July, 2002 H'�KFLLY 134 Nil BALLOT SHT. V -DOC BOARD MtMBER TAB 7 li, l" "ITY OF CARMEL ISM 5LL� DEPARTMENT OF COMMUNITY SERVICES Division of Planning Zonin ff LETTE of r RECEIVED JUL 23 2002 23 July 2002 DOCS James J., Nelson Nelson Frankeriberger 3021 East 98"' Street, Suite 220 Indianapolis, IN 46280 Re: Pilgrim Lutheran Church (SU- 140 -02; V- 141 -02) Vice U.S. Mail Facsimile (3171846 -8782) Dear Mr, Nelson, At the meeting held Monday, July 22, 2002, the Carmel/Clay Board of Zoning Appeals took the following action regarding the Special Use and Development Standards Variance petitions filed by you for a 20.6± acre property located northwest of the intersection of West 106' Street and Shelborne Road: APPROVED with Conditions: Docket No. SU- 140 -02, petition for a Special Use under Section 5.2: Special Uses in order to establish the Conceptual Plan for Pilgrim Lutheran Church. The Board voted four (4) in favor, zero (0) opposed, thereby approving the petition with the following Condition agreed to by the petitioner's representative: 1) That the right -of -way for West 106"' Street be dedicated consistent with the Thoroughfare Plan. APPROVED: Docket No. V- 141 -02, a Development Standards Variance of Section 21.2.7: Time Limit in order to extend the deadline for commencement of continuous construction from one (1) year to five (5) years. The Board voted four (4) in favor, zero (0) opposed, thereby approving the petition. ONE CIVIC SQUARE CARMEL., INDIANA 46032 317/571 -2417 Page 2 Docket Nos. SU- 140 -02; V- 141 -02 Please be advised that pursuant to the approval of Docket No. V- 141 -02, the aforementioned Special Use approval is valid for five (5) years. By that time, either continuous construction of site improvements must be underway, or a written request for a one -time, six month extension of the approval must have been received and approval granted by this Department prior to the expiration date. The expiration date of these approvals is July 22, 2007. If I can be of any further assistance, please do not hesitate to contact me at 317/571 -2417. Sincerely, e illig, Jr. Planning Zoning Administrator Department of Community Services Cc: Connie Tingley, BZA Secretary Jeff Kendall, Building Commissioner, DOCS Steve Broermann, Hamilton County Highway Department ONE CIVIC SQUAB' CARIVML, INDIANA 46032 317/571 -2417 11 ,�IV� Jy t cA 9� e October 27, 2008 Jim Shinaver Nelson Frankenberger 3105 E. 98th Street, Suite 170 Indianapolis, IN 46280 Via email: JimS @NF- LAW.COM Original by mail RE: Pilgrim Lutheran Church Conceptual Plan (Docket No. SU- 140 -02 V- 141 -02) Dear Jim: Please let this letter reflect the Department's administrative approval of your request to extend the time limit for commencement of continuous construction of the above mentioned project to July 22, 2010. (Previous various approval only extended the time limit to July 22, 2007.) When the Church is close to finalizing its construction plans and building elevations, the Department will have this item heard by the Technical Advisory Committee to review all technical aspects of the project. A copy of this letter will be placed in the Variance file for future reference. If you have questions or comments, please do not hesitate to call me at 571 -2417 or email me at aconn @carmel.in.gov. Sincerely, Angelina Conn, Planning Administrator Division of Planning Zoning Carmel Department of Community Services CC: file dpike@precedentres.com Filename: PilgrimLutheranChurch SU timeextension.doc City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417