HomeMy WebLinkAboutApplication SUAFEES
Special Use Amendment Filing Fee
$1,647.00 (based on 6.2 acres of disturbed land.)
Variance Filing Fee due
$1,145.00
Total fee due:
$2,792.00
Conn, Angelina V
From: Conn, Angelina V
Sent: Monday, November 22, 2010 11:55 AM
To: Boone, Rachel M.; Blanchard, Jim E; Donahue -Wold, Alexia K; Hancock, Ramona B;
Hollibaugh, Mike P; Keeling, Adrienne M; Littlejohn, David W; Martin, Candy; Mindham,
Daren; Stewart, Lisa M; Tingley, Connie S; 'John Molitor'; Duncan, Gary R; Redden, Nick
Cc: 'Jon Dobosiewicz ';'gapowell @indy.rr.com'; Charlie Frankenberger; Jamie Shinneman
Subject: Docket No. Assignment: Pilgrim Lutheran Church #10110009 SUA 10110010 V)
Attachments: BZA Public Notice Sign Procedure.pdf
I have updated the file, contacted the petitioner, and issued the necessary Docket Numbers for Pilgrim Lutheran
Church. They are the following:
Pilgrim Lutheran Church
The applicant seeks the following special use amendment and development standards variance approval for a new
building:
Docket. No. 10110009 SUA Ordinance Chptr 5.02: Church in S -1 district
Docket No. 10110010 V Ordinance Chptr 5.04.01: Maximum 35 -ft height
The 19 -acre site is located at 3650 W. 106`'' Street and is zoned S1/Single-Family Residential. Filed by Gerald Powell of
Pilgrim Lutheran Church of Indianapolis, Inc.
Mr. Gerald Powell, applicant, can be contacted at 317 -846 -4679.
Mr. Jon Dobosiewicz, land use specialist, can be contacted at 317- 844 0106.
Petitioner, please note the following:
1. This Item will be on the December 15 agenda of the Technical Advisory Committee. If not done already, the
petitioner must submit plans and review materials to all TAC members ASAP via email and /or mail. The updated
TAC members list is online at: http:// www. ci. carmel. in. us /services/DOCS /DOCSTAC2004.htm
2. Mailed and Published Public Notice needs to occur no later than Friday, December 31. Published notice is
required within the bndianapolis 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). Make sure the public notice meeting time
to the newspaper and neighbors reads 6 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).
3. The Proof of Notice (newspaper affidavit, green cards, etc.) will need to be received by this Department no later
than noon, Friday, Jan. 14, 2011 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, Jan. 14, 2011. Failure to submit Informational Packets by this time will result in the tabling of
the petition.
5. This Item will appear on the TUESDAY, Jan. 25, 2011 agenda of the Board of Zoning Appeals under Public
Hearings, to begin at 6 p.m. in the Council Chambers of Carmel City Hall, 2' Floor. Either the Petitioner or
someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, the
item will be tabled.
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6. The petitioner will need to prov e a fully filled -out. Findings -of -Fact sheetfOreach 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. Please refer to your instruction sheet for more details.
8. Review comments will be issued soon.
Thank you,
Angie Conn, Planning Administrator
City of Carmel, Department of Community Services
3rd Floor, One Civic Square
Carmel, IN 46032
317.571.2417
317.571.2426 fax
http://www.ci.carmelin.usiservicesicommunityservice.html
P Please consider the environment before printing this e -mail
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CITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
SPECIAL USE /SPECIAL USE AMENDMENT APPROVAL REQUEST
Fee $903.00 plus $120.00 per acre
DOCKET NO.
DATE RECEIVED:
1) Applicant: Pilgrim Lutheran Church of Indianapolis, Incorporated, Attn: Gerald Powell
Address: 10202 N. Meridian Street, Indianapolis, IN 46290
2) Project Name: church relocation Phone Fax: Ph: 846 -4679 Fx:
Engineer /Architect: See Exhibit "A" Phone: See Exhibit "A"
Attorney: Charles D. Frankenberger Phone: (317) 844 -0106
Contact Person: See Exhibit "A" Phone: See Exhibit "A"
Email: charliennf- law.com
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: Pilgrim Lutheran Church of Indianapolis, Inc., Gerald Powell
Owner's address: 10202 N. Meridian Street, Indianapolis, IN 46290 Phone:
5) Record of Ownership:
Deed book No. /Instrument No.
Page: Purchase Date:
6) Common address of the property involved: 3650 West 106 Street, Carmel, IN 46032
Legal description: See Exhibit B
Tax Map Parcel No.: 17- 13- 06- 04 -05- 001.000
7) State explanation of requested Special Use: Construction of a church
8) State reasons supporting the Special Use: See explanation in Exhibit "C" and Findings of Fact
in Exhibit "D
9) Present zoning of the property (give exact classification): S -1 Residence
10) Present use of the property: Vacant
11) Size of lot/parcel in question: 20 acres
12) Describe the proposed use of the property: Church
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.
See Exhibit "C"
15) Has work for which this application is being filed already started? If answer is yes, give
details:
Building Permit Number:
Builder:
16) If proposed special use is granted, when will the work commence? Fall of 2011
17) If the proposed special use is granted, who will operate and /or use the proposed
improvements for which this application has been filed? Pilgrim Lutheran Church of
Indianapolis, Inc., Attn: Gerald Powell
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:
I) 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
STATEMENT OF APPLICANT
I hereby state that I am the applicant involved in this application and that the foregoing statements
and answers herein contained and the information herewith submitted are correct.
Carmel Lutheran Church of Indianapolis, Inc.
By
Jon Dobosiewicz for
Carmel Lutheran Church of Indianapolis, Inc.
State of d r'n n a.
SS:
County of Mq X r l V ill
Before me the undersigned, a Notary Public for A g- r,*o n County, State of Indiana,
personally appeared Jon C. 0O &V-e "4 'Of A",) a ¢fry „k,,&_ acknowledged the execution of
the foregoing instrument this /17-/A day of AloVem be r 2010.
My Commission Expires:
Notary P 11
HABecky\Zcning Real Estate MattersTilgrim Lutheran Var SU\Special Use and DSV\Application \SU Application.doc 1N:C? BECKY J. TURNER
Marlon County
My Commission Expires
llpril24 2016
EXHIBIT "A"
CONTACT LIST
1. Petitioner Applicant:
Pilgrim Lutheran Church of Indianapolis, Inc.
Attn: Gerald Powell
10202 North Meridian Street
Indianapolis, IN 46290
Phone: 317- 8464679
Email: gapowell&indy.rr.com
2. Attorney /Land Use Professional (Authorized Contact Person):
Charles D. Frankenberger
Jon C. Dobosiewicz
Nelson Frankenberger
3105 E. 98 Street, Suite 270
Indianapolis, IN 46280
Phone: (317) 844 -0106
Fax: (317) 846 -8782
Email: Charliegnf- law.com
Email: Jon e nf- law.com
Architect John R. Munson
Richardson Munson and Weir
3901 West 86 Street, Suite 370
Indianapolis, Indiana 46268
(317) 872 -3165
Fax: (317) 872 -0068
Email: rmwjrm @aol.com
4. Engineer Jamie Shineman
Project Manager, Commercial Development
Weihe Engineers, Inc.
10505 N. College Ave.
Indianapolis, IN 46280
Phone: (317) 846 -6611
Fax: (317) 843 -0546
Email: Shinemanj @weihe.net
"EXHIBIT B"
Legal Description
All that part of the East Half of the Southeast Quarter of Section 6, Township 17 North, Range 3
East platted as Brandywine Section Four (now vacated) and recorded in Plat book 7, page 162 in the
Office of the recorder of Hamilton County, Indiana; and all that part of the said Half Quarter
Section platted as Brandywine Section Three (now vacated) except for a 4.581 Acres tract of land
being a part of Lots 35 and 36 in said Brandywine Section Three. The subject tract is more
particularly described as follows:
Commencing at the Southeast corner of the said Half Quarter Section; thence North 00 degrees 00
minutes 54 seconds West along the East line of the said Half Quarter Section 966.63 feet to a point
which lies South 00 degrees 00 minutes 54 seconds East 1697.09 feet from the Northeast corner of
the said Half Quarter Section; thence South 89 degrees 59 minutes 06 seconds West 40.00 feet to
the POINT OF BEGINNING; thence South 89 degrees 59 minutes 06 seconds West 360.00 feet;
thence North 00 degrees 00 minutes 54 seconds West parallel with the East line of the said Half
Quarter Section 408.64 feet to the Southerly line of Brandywine Section One, the plat of which is
recorded in Plat Book 6, page 52 in the Office of the Recorder of Hamilton County, Indiana; thence
South 51 degrees 00 minutes 00 seconds West along the Southerly line of the said plat and along the
Southerly line of Brandywine Section Two, the plat of which is recorded in Plat Book 7, page 155
in the said Recorder's Office 1193.55 feet to the West line of the said Half Quarter Section; thence
South 00 degrees 13 minutes 22 seconds West along the West line of the said Half Quarter Section
592.23 feet to a point on a line which lies 40.00 feet North of and parallel with the South line of the
said Half Quarter Section; thence North 89 degrees 38 minutes 51 seconds East parallel with the
South line of the said Half Quarter Section 1290.24 feet to a point on a line which lies 40.00 feet
West of and parallel with the East line of the said Half Quarter Section; thence North 00 degrees 00
minutes 54 seconds West and parallel with the East line of the said Half Quarter Section 926.87 feet
to the POINT OF BEGINNING, containing 28 Acres, more or less.
EXCEPTING THEREFROM THE FOLLOWING, TO -WIT:
Part of the Southeast Quarter of Section 6, Township 17 north, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the southeast corner of said Southeast Quarter; thence South 89 degrees 38 minutes
51 seconds West (assumed bearing) along the south line of said Quarter 39.77 feet; thence North 00
degrees 21 minutes 09 seconds West perpendicular to said south line 40.00 feet; thence North 00
degrees 00 minutes 54 seconds West 394.94 feet to the northeast corner of the land described in a
deed to Clay Township of Hamilton County, Indiana recorded as Instrument Number
200100021146 in the Office of the Recorder of Hamilton County, Indiana and the POINT OF
BEGINNING; thence South 89 degrees 38 minutes 51 seconds West parallel with the South line of
said Quarter and along the north line of said Clay Township property and the prolongation thereof
360.01 feet; thence North 00 degrees 00 minutes 54 seconds West parallel with the east line of said
Quarter 534.05 feet to the Southwest corner of the land described in a deed to the Corporation of the
Presiding Bishop of The Church of Jesus Christ of Latter Day Saints recorded as Instrument
Number 87 -31364 in said Recorder's office; thence North 89 degrees 59 minutes 06 seconds East
along the south line of said land 360.00 feet to a point which lies 40.00 feet west by perpendicular
measure to the east line of said Quarter and the Southeast corner of said land; thence South 00
degrees 00 minutes 54 seconds East parallel with said east line 531.93 feet to the POINT OF
BEGINNING, containing 4.405 acres, more or less.
ALSO EXCEPTING THEREFROM THE FOLLOWING, TO -WIT:
Part of the Southeast Quarter of Section 6, Township 17 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the southeast corner of said Southeast Quarter; thence South 89 degrees 38 minutes
51 seconds West (assumed bearing) along the south line of said Quarter a distance of 39.77 feet;
thence North 00 degrees 21 minutes 09 seconds West perpendicular to said south line a distance of
40.00 feet; thence South 89 degrees 38 minutes 51 seconds West (assumed bearing) parallel with
the south line of said Quarter a distance of 395.01 feet; thence North 00 degrees 00 minutes 54
seconds West parallel with the east line of said Quarter a distance of 169.44 feet to a 5/8 inch rebar
with yellow plastic cap stamped "SCHNEIDER FIRM #0001" (hereafter referred to as a capped
rebar); thence North 44 degrees 58 minutes 18 seconds East a distance of 320.73 feet to a capped
rebar; thence North 89 degrees 38 minutes 51 seconds East parallel with the south line of said
Quarter a distance of 168.27 feet to a point which lies 40.00 feet west by perpendicular measure to
the east line of said Quarter; thence south 00 degrees 00 minutes 54 seconds East parallel with said
east line a distance of 394.94 feet to the point of beginning, containing 2.994 acres, more or less.
EXHIBIT "C"
The Pilgrim Lutheran Church is presently located at 103 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 1 -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 -1 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,
development standards variances have been obtained by which the Special Use Approval in 2002
was extended through and including June 28, 2013.
EXHIBIT "D"
CARMEL /CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: Pilgrim Lutheran Church, Inc.
FINDING OF FACT SPECIAL USE
1. The premises in question is particularly physically suitable for the proposed Special Use because: (i)
the church and its related services are permitted special uses under the S -1 residential district, and are
presumed to be appropriate uses, and (ii) the church is a complementary use to the surrounding
residential uses.
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: (i) t his special use
request would permit a use that is less intense than other potential uses that are permitted under the S -1
zoning classification, and (ii) the proposed church complements the surrounding residential uses.
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 Special Use will affect neighborhood integrity because: the surrounding areas also are
zoned S -1 residential district. and, therefore, the special use would be compatible with existine uses
permitted in the vicinity and also provide a benefit due to the related services offered by the church
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: the proposed special use would
have a nominal impact on water, sewage, storm drainage facilities, and police and fire protection in the
area, all of which are already available.
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: (i) due to the limited worship services, with services
occurring dig non peak hours, there will be a limited impact on vehicular traffic in the vicinity, and
(ii) there will be a positive impact on pedestrian traffic through the addition of pedestrian paths
DECISION
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that the Use Variance
Docket No. is granted with respect to the real estate described in what is attached hereto and
incorporated herein by reference as Exhibit "A subject to any conditions stated in the minutes of this Board,
and set forth below which are incorporated herein by reference and made a part hereof.
ADOPTED this day of 1 2011.
CHAIRPERSON, Carmel /Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals