HomeMy WebLinkAboutApplicationFEES
Primary Plat Amend
Filing Fee plus $120/lot:
$299.00
$600.00
Total fee due:
$899.00
Conn, Angelina V
From: Conn, Angelina V
Sent: Monday, December 06, 2010 10:45 AM
To: Boone, Rachel M.; Blanchard, Jim E; Mindham, Daren; 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; Barnes, David R; Duncan, Gary R;
Haney, Douglas C; Perkins, Tom D; 'John Molitor'
Cc: 'Brady Kuhn'; William (Bill) T. Niemier
Subject: Docket No. Assignment: 10120002 PP Amend Replat of North Augusta, lots 20 29A
I have issued the Docket Number for Replat of North Augusta, Tots 20 29A. It is the following:
Docket No. 10120002 PP Amend: Replat of North Augusta, Tots 20 29A
The applicant seeks primary plat amendment approval to create 5 lots from 2, on 3.14 acres. The sites are located at
3802 W 96 St. and 9640 N. Augusta Dr.
They are zoned B -5 and B -7 /Business, both within the US 421 Michigan Rd. Overlay Zone. Filed by Bill Niemier for
Sand Capital IX, LLC.
Mr. Bill Niemier, applicant, can be contacted at 317 925 -9011.
Brady Kuhn, project engineer, can be contacted at 317 846 -6611.
Petitioner, please note the following:
1. This item will be on the January 19, 2011 meeting agenda of the Technical Advisory Committee, which begins
at 9am. 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 Dec. 25. Published notice is required within the
Indianapolis Star. Try to get the public notice ad to the lndyStar by Noon, two days prior to the public notice
deadline, in order for them to publish it on time. Also, the placement of a public hearing sign on the property is
required; see application.
3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary
Ramona Hancock no later than Noon, Friday, Jan. 7, 2011.
4. Proof of Notice will need to be received by this Department no later than Noon, Friday, Jan. 14. Failure to
submit Proof of Notice by this time will result in the tabling of the petition.
5. This item will appear on the WEDNESDAY, Jan. 19, 2011 meeting agenda of the Plan Commission (under
"Public Hearings which begins at 6 pm. (A representative must be present.)
6. This item might also appear on the Feb. 1, 2011 agenda of the Plan Commission Special Studies Committee,
which begins at 6 pm. (A representative must be present.)
7. Please refer to the application /checklist for more detail.
8. Review comments will be issued soon.
Thank you,
Angie Conn, Planning Administrator
Dept. of Community Services Planning Zoning
1 Civic Square, 3rd Floor
City of Carmel, IN 46032
p. 317 571 -2281 I f. 317 -571 -2426 I e. aconn @carmel.in.gov
w: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm
Please consider the environment before printing this e -mail
APPLICATION for PRIMARY_ T or REPLATI
Fee $903.00 plus $120.00 per lot ($299.00 lus $120 per lot)
DATE: November 3o I 2010 DOCKET NO. 0 \7
The undersigned agrees that any construction, reconstruction, enlargement, relocation or alteration of structure; or
any change in the use of land or structures requested by this application will comply with, and conform to, all
applicable laws of the State of Indiana, and the "Zoning Ordinance of Carmel, Indiana 1980 adopted under the
authority of Acts of 1979, Public Law 178 Sec. 1, et seq, General Assembly of the State of Indiana, and all Acts
amendatory thereto.
Name of Applicant: Sand Capital IX LLC Phone No. 317- 925 -9011
FaxNo. 317 927 -0723 Email: wniemier @sandordev.com
Address ofApplicant: 10689 N. Pennsylvania Street, Suite 100, Indpls, IN 46280
Sand. Capital IX LLC by
NameofOwner: William Niemier, its attyPhoneNo. 317 925 -9011
Name of Subdivision: North Augusta subdivision
Approximate Address/Location of Subdivision: 3802 W. 96th St 9650 N. Augusta Drive
Tax ID Parcel No(s): 17- 13- 07- 04 -03- 013.000 and 17 13 07 04 07 001.000
Legal Description: (To be typewritten on separate sheet and attached)
Area (in acres): 3.14 Number of Lots: 5 Length (in miles) of new streets to be dedicated
to public use: 0
Surveyor certifying plat: We he Engineers
Address: 10505 N. College Ave. Indpls
IN 46280.
FaxNo. 317 843 -0546 Email: KuhnB @weihe.net
Phone No. 317- 846 -6611
STATE OF INDIANA, COUNTY OF HAMILTON SS:
The undersigned having been duly sworn, upon oath says that the above information is true and correct as he or
she is informed and believes.
SIGNATURE OF APPLICANT:
Subscribed and sworn to before me this 3o day of N
My Commission Expires: 6
nd Capital IX LLC by
David N. Eskenazi, Member
r ,20 10.
h
*4 4.*
NotaryPublic will iam T. Niemier
Filename: Primary Plat 2010; Revised 04/6/2010
I am Majid Rastegar, occupant at 3714 w 97 street, Carmel, IN 46032. I am the
designer, builder and former owner of both parcels of 3802 w 96 street and the
9640, 50 and 60 buildings on N. Augusta Drive, known as Majestic Plaza.
In 1995 I built 5,000 sqft of office space on one acre parcel at 3802 West 96
street to relocate my construction office to it. To obtain permit under the '421'
over lay zone ordinance, I was able to rezone the property to a B -5 zoning and
construct the building that at the time suited my needs and interest. Next, I
purchased another parcel north of this first property to build a second building of
a similar size and style. While attempting to obtain this second permit, I was
informed that the rules have been changed and that we must have three acres or
more to further develop commercial property in this area. This crippled my
expansion wishes until year 2000. With time, and at major additional expense to
satisfy the new restriction, I was able to acquire, and hold three more properties
adjacent to this property giving the near proper land needed.
At that time then, I submitted a new set of plans for my expansion and new
building plans. This was also rejected by the city as improper due to it's
contemporary look and I was then limited to the new rules restricting new
construction to the Carmel Georgian design. In addition, I was 'suggested' to give
up some of my property to the city for the Augusta expansion. With this donation
made, the property acreage went from 3.2 to 2.78 acres. This then gave me new
challenges.
After nearly a year of meetings, planning, and obtaining special variances, I then
obtained the building permit to erect the buildings that stand at Majestic Plaza. I
was proud to be the first developer in this area, with the hope the road expansion
that was scheduled to be done then in a matter of a few years would be
accomplished. With that being said
Today, I've lost all of the above mentioned properties due to a combination of
factors, most notably the economy, lack of the completion of the Augusta rd
project, (which is still not complete), and being forced to fold to the interests of
big business.
Today, I am managing 8 parcels in the immediate area, nearly one acre each. I
have privileged knowledge that many of the property owners I manage for had to
pay a higher premium for the purchase and maintenance of these properties to
maintain the three acre ordinance in place for rezoning to commercial property in
this specific area. Other concerned property owners in the area that have worked
to create a three acre area include Jerry Lande, as well as Dan Gudinkauf.
I don't know how this new organization, Sand Capital, as the new owner of the
Majestic Office spaces can rightfully subdivided the property without maintaining
the three acre standard and rule everyone else is forced to submit to. There is
also a consideration that needs to be made for the parking nightmare that will
occur if all the buildings themselves are subdivided and different owners step in.
Furthermore, drainage and inner connectivity of utilites will also arise as I have
intimate knowledge of how the buildings were built and how the buildings or truly
interconnected to one another.
In addition, I personally tried to divide the same property three years ago in
attempt sell off the buildings individually. In my first meeting with officials in
charge of such decisions, I was told this action is not possible and to not go after
such matters. Yet here we are today for Sand Capital?
In conclusion, as the developer of the mention property, and a concerned
property manager for numerous properties in the immediate area, I am opposed
to the 'chopping' up of the current majestic parcel layout. Such an hardly seems
responsible or proper for any committee concerned with Carmel's overall well
being to pass. If it does though, I only hope and for that matter demand other
property owners in the area are given equal and fair rights to convert their often
only one acre properties into 'commercially' zoned ones as well. This would only
be proper and just to the other owners and developers wishing to enter this area.
Thank you
County Parcel No: 17- 13- 07- 04 -07- 001.000
State Formatted Parcel No: 29- 13 -07- 407 001.000 -034 1
Property Address:
0 W 97TH ST
Carmel, IN 46032
Deeded Owner: Sand Capital IX LLC
Owner Address:
10689 Pennsylvania St N Ste 100
Indianapolis, IN 46280
Legal Description: Acreage 2.52 Section 7, Township 17, Range 3 NORTH AUGUSTA Section 2 Lot PT29A
Section/Township /Range: 7/17/3
Subdivision Name: NORTH AUGUSTA I
Subdivision Section: 2 1
Deeded Acres: 2.52
Political Township: Clay I
Lot Number(s): PT29A I
The Recorded Date might be due to a variety of changes; such
Recorded Date is 11/16/2010.
Check the Transfer History Report for details; however,
as annexation, right -of -way, split, or deed.
this Transfer History report may not be up -to -date. I
Hamilton Co., IN Property Reports
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County Parcel No: 17- 13- 07- 04 -07- 001.001
State Formatted Parcel No: 29- 13 -07- 407 001.001 -034
Property Address:
0 N AUGUSTA DR
Carmel, IN 46032
Deeded Owner: Clay Township Regional Waste District
Owner Address:
10701 College Ave N #A
Indianapolis, IN 46280
Legal Description: Acreage .03 Section 7, Township 17, Range 3 NORTH AUGUSTA Replat Information: Replat Section 2 Lot Pt
29A
Section/Township /Range: 7/17/3
Subdivision Name: NORTH AUGUSTA
Subdivision Section: 2
Deeded Acres: 0.03
Political Township: Clay
Lot Number(s): Pt 29A
The Recorded Date might be due to a variety of changes; such
Recorded Date: 11/5/2007
Check the Transfer History Report for details.
as annexation, right -of -way, split, or deed.
Hamilton Co., IN Property Reports
Property Reports: Parcel Information Report
1. report type 2. property search 3. view reports
f Reset,
�,newsearch,.:
E if general parcel info.
p,operty. card;;_
spring taxstatement
,,,�alLtaxstatement
Print this Page Text only
tax payments
Spe ial Assessments„
Disclaimer:
The information available through this program is current as of 11/30/2010 5 :06:39 AM.
This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the information
provided by different reports may not match. All information has been derived from public records that are constantly undergoing change and is not
warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest.
Websjte Suggestions or Issues I Conditions of Use 1 Privacy Polio I Site Map 1 Tunic Ia H21D I HOME
2010, Hamilton County, Indiana all rights reserved
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County Parcel No: 17- 13- 07- 04- 03- 013.000
State Formatted Parcel No: 29- 13 -07- 403 013.000 -034 1
Property Address:
3802 W 96TH ST
Carmel, IN 46032
Deeded Owner: Sand Capital IX LLC
Owner Address:
10689 Pennsylvania St N Ste 100
Indianapolis, IN 46280
Legal Description: Acreage .87 Section 7, Township 17, Range 3 NORTH AUGUSTA Lot 20
Section/Township /Range: 7/17/3 1
Subdivision Name: NORTH AUGUSTA I
Subdivision Section: I
Deeded Acres: 0.87 I
Political Township: Clay
Lot Number(s): 20
The Recorded Date might be due to a variety of changes; such
Recorded Date is 11/16/2010.
Check the Transfer History Report for details; however,
as annexation, right -of -way, split, or deed.
this Transfer History report may not be up -to -date.
Hamilton Co., IN Property Reports
/Property Reports: Parcel Information Report
i
1. report type
r Reset
2. property search 3. view reports
new search.,'Y
general parcel info.
prpperty,card;,;r�
spring taxstatement j
l fall statement
Print this Page Text only
tax payments,
Special „Assessments
J
Disclaimer:
The information available through this program is current as of 11/30/2010 5 :06:39 AM.
This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the information
provided by different reports may not match. All information has been derived from public records that are constantly undergoing change and is not
warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest.
Website Suggestions or Issues I Conditions of Use I Privacy Policy 1 Site Map 1 Technical Help 1 HOME
O 2010, Hamilton County, Indiana all rights reserved
http /www.hamiltoncounty.in.gov/ apps reports /rptparcelinfo. asp ?sparcelno =l 7] 3070403013000
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0 Sets
Copies
Document
Date
Document
Number
Description
1
Primary Plat
1
Copy of Transmittals to TAC members
1
Primary Replat Application
TRANSNIITTAL
One Civic Square, 3' Fir Job W100354
Carmel, IN 46032 Phone: 317 -571 -2417
Attu: Angie Conn/
Date: 2 December 2010
We are sending you Attached Under separate cover via Hand the following items:
Shop Drawings Prints
Product Data Specifications
Samples Change Order(s)
Sketches/Drawings
These are transmitted as indicated below:
Approved
Approved as Noted
Not Approved, Revise and Resubmit
Action Not Required
Action Indicated on Item Transmitted
For Signature. Return Copies to Us
By: Brady Kuhn
10505 N. College Avenue Indianapolis, IN 46280
WEIHE
ENGINEERS
ith co
Fax: 317 -571 -2426
Re: TAC Primary Plat Submittal
cc:
Allan H. Wcihe, P.F.., I...S. President
To: Dept. of Community Services (DOCS) Project: Primary RePlat of Lots 20 29A North Augusta
Copy of Letter
Meeting Minutes
Inspection Report
Application(s) for Payment
n For Your Review or Use
For Your Review Comment
As Requested
n For Your Records
For Your Approval
Remarks: Please call with any questions. Thank you.
eihe.net 1 317 1 546 6611 800 1 452 6408 Fax: 3171 543 0546
23C.7
Grain elevator;
Junk and /or salvage yard;
Manufactured housing sales;
Mobile home court;
Outdoor theatre;
Penal or correctional institution;
Reclaiming processes involving materials or chemicals that are considered dangerous to the health, safety,
and welfare of the general public as determined by the'State Board of Health or by the City;
Refining or manufacturing of petroleum products;
Refining or manufacturing of asphalt, cement, gypsum, lime, wood preservatives;
Roadside sales stand;
Sand and gravel extraction or sales;
Sexually oriented businesses;
Single family residence;
Truck stop;
Water slide.
23C.6 Accessory Buildings and Uses
CITY OF CARMEL CLAY TOWNSHIP ZONING ORDINANCE
All accessory buildings and uses which are permitted in the underlying primary zoning district(s) shall be
permitted, except that any detached accessory building in any DP shall be architecturally compatible with
the principal building(s) with which it is associated.
e minimum area covered by a DP within the Overlay Zone must be 130,680 square feet (3 acres). For
tracts located only partially within the Overlay Zone, a DP shall be submitted to the Commission for the
entire tract to be developed.
If a parcel of land or subdivision lot was recorded prior to September 7, 1988 (the "Effective Date and
said parcel or lot does not contain the minimum area required by this Paragraph, said parcel or lot
("Undersized Lot may be used for any use permitted in the Overlay Zone provided that:
A. At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met
the requirements for minimum lot size then in effect for a lot in the underlying primary zoning
district(s);
B. The owner of the Undersized Lot must include, up to the minimum tract size, any adjoining vacant
land (not separated by a street or public way) owned, or owned by an affiliate, on or before the
Effective Date or at the time of application which, if combined with the Undersized Lot, would
create a tract which conforms, or more closely conforms, to the minimum tract size requirements
of this Paragraph; and
C. All other development requirements applicable to the Overlay Zone can be met.
This Paragraph does not preclude the sale or other transfer of any parcel of land within a tract after the
approval of a DP for the entire tract. However, the development of the parcel must still conform to the DP
for the entire tract as approved or amended by the Commission, and all other applicable requirements
contained in the Zoning Ordinance.
Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone
23C -4
as adopted per Z -326
�imuner 2002 vT""---.
C. Residential uses are permitted; however, it shall not comprise more than fifty percent (50 of a
project's gross floor area on parcels where residential is not permitted in the underlying zoning
district.
23C.04 Special Uses.'
All Special Uses which are permitted (upon obtaining a Special Use approval front the Board) in the
underlying primary zoning district(s), except the uses expressly excluded in Appendix A: Schedule of Uses,
are permitted in the Overlay Zone.
23C.05 Excluded Uses.'
See Appendix A: Schedule of Uses.
23C.06 Accessory Buildings and Uses.
All accessory buildings and uses which are permitted in the underlying primary zoning district(s) shall be
permitted, except that any detached accessory building in any DP shall be architecturally compatible with
the principal building(s) with which it is associated.
23C.07 Minimum Tract Size.
The minimum area covered by a DP within the Overlay Zone must be 130,680 square feet (3` acres)' i For
tracts located only partially within the Overlay Zone, a DP shall be submitted to the Commission for the
entire tract to be developed.
If a parcel of land or subdivision lot was recorded prior to September 7, 1988 (the "Effective Date and
said parcel or lot does not contain the minimum area required by this Paragraph, said parcel or lot
"Undersized Lot may be used for any use permitted in the Overlay Zone provided that:
A. At the time of recordation of the Undersized Lot or on the Effective Date, the Undersized Lot met
the requirements for minimum lot size then in effect for a lot in the underlying primary zoning
district(s);
B. The owner of the Undersized Lot must include, up to the minimum tract size, any adjoining vacant
land (not separated by a street or public way) owned, or owned by an affiliate, on or before the
Effective Date or at the time of application which, if combined with the Undersized Lot, would
create a tract which conforms, or more closely conforms, to the minimum tract size requirements
of this Paragraph; and
C. All other development requirements applicable to the Overlay Zone can be met.
This Paragraph does not preclude the sale or other transfer of any parcel of land within a tract after the
approval of a DP for the entire tract. However, the development of the parcel must still conform to the DP
for the entire tract as approved or amended by the Commission, and all other applicable requirements
contained in the Zoning Ordinance.
4 Section 23C.04 amended per Ordinance No. Z- 415 -03. §hz.
5 Section 23C.05 amended per Ordinance No. Z- 415 -03, §cu.
Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone
23C -4
as amended per Z -325; Z -326: Z- 415 -03; Z- 453 -04; Z- 490 -06; Z-511-07
Autumn 2007 v I
CITY OF CARMEiL ZONING ORDINANCE