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HomeMy WebLinkAboutPacketDUKE REALTY LIMITED PARTNERSHIP 12726 Hamilton Crossing Blvd. BZA Special Use Variance Petition Docket No. 04020019 S U Carmel/Clay Board of Zoning Appeals March 22md. 2004 Current Owner: Duke Realty Limited Partnership 600 E 96th Street, Suite 100 Indianapolis, IN 46240 DOCS TABLE OF CONTENTS 1. Explanation 2. Applications 3. Zoning Map and Aerial Vicinity Map 4. Site Exhibit Plan 5. Fence Exhibit 6. Landscape Detail Exhibit 7. Playground Equipment Exhibit EXPLANATION Duke Realty Limited Partnership, being the owner of and manager of the property located at 12726 Hamilton Crossing Blvd., is seeking a.Special Use Variance for 5,623 Square Feet within this facility. The Special Use Variance requested is for a use that is permitted within the B-5 zoning for with a Special Use Variance. The variance is being pursued will allow for a school specializing in serving the needs of children with autism. The tenant is Little Star School that currently is located within similar office space at Keystone in the Crossifig in Marion County. Little Star School is a place where children, along with their families, educators and therapists can gather to learn essential life, learning, behavioral and social skills. The school provides an environment with intensive one-on-one teaching. Table work, classroom usage, and an indoor gross motor room offers various conditions for the children to learn and generalize new skills. Most children use the facility for intensive learning during the hours of a typical workday. Some, however, use the facility only in a part-time capacity. Monthly meetings are held at the facility for staff and family training. Little Star School has been a tenant within other Duke Realty space, as previously mentioned, for over two years. Their environment and operations has proven not be an issue being located within an Office park environment. The operations of this user will all be self-contained within their leased spaced and no alterations will be necessary to the exterior of the building with the exception of a .playground to be added. The application and material contained herein depicts all details associated with the playground proposed for this site. The use of the playground area will be such that the one-on-one instruction will be provided in the playground area. The playground area will be a secured facility and for the sole use of Little Star School. The School currently has an enrollment of approximately 7 students, which would be the student population on- site at one time. Maximum student capacity would be 15. The students do not need parking and will be dropped off by parents. No buses drop off or pick up students. The parking needs for the facility will be limited to teachers will mimic student population. Currently 7 are needed but a maximum of 15 could be needed in the furore. The facility is currently parked at a 4/1000 parking ratio providing a total number of existing spaces for this facility of 440 parking spaces. Code requires a total parking count of 349 spaces. The building exists today with 91 spaces above code requirements, which well exceeds the spaces necessary for Little Star School~ Based on the evaluation of this tenants occupancy in existing Duke real estate at Keystone at the Crossing and evaluating their proposed use within the Hamilton Crossing Development, Duke Realty believes that the special use requested will not interfere or otherwise obstruct the functioning of the property and all the requirements of the Little Star School can be accommodated with no interference with the existing facility and tenants. All details submitted with the initial application for this Special Use are included in the following pages. The enclosed plans are submitted for consideration and approval. We look forward to presenting this request to you on March 22~a, 2004 at the regularly scheduled Carmel/Clay Board of Zoning Appeals. Respectfully submitted, Blair D. Carmosino Development Services Duke Construction APPLICATION FOR BOARD OF ZONING .ApP~ ACTI. ON DOCKET NO. ~) 2). SPECIAL USE ~PROVAL REQUEST DATE RECEDED: . ~plimn~ ~dmss: Proje~N~e: amilton Cr°ssin~ Bu~]a~n~ T Phone&F -808-6000 . - ~ 317-808-6797 Engin ~r/~E~: -~ / ~- ~hone: ..... Attorney: Bose. McKinney ........ , , Phone: 3) Applicant's Status: (Check the appropriate response) ....z__ (a) The applicant's name is on the deed to the property x~ (b) The applicant is the contrau-t purchaser of the property ~ _ (c) Other: ......... 4) If Item 3) (c) is ohec~ed, please (x)mplete the following: Owner of the property involved: Owner's address: s) Record of Ownership: Deed book No./Instrument No.._ 20030.0.02,68~0 ., · Page: .,. Purohase Date: 0..3-,.1,9-03 ...... · i i ii i il i e) Common address of the property involved:.. Legal description:, See a,,ttache.d Ex.h. ib. it' , Tax Map Parcel No.: 16,,.~ 09... 26 . 00 . 00 . 017 . 00. 3 . 7) State explanaOon of requested Speolal, ....... _, , $~ e/b~ e~p~e'.d .~ "~/~ 4 ". .e) · _ Il I Ill, I ~l .l I Il J .1 11 . . IlI I I Il . I I I I l · · · State reasons supporting the Spedal Use: (Addltiona~. complete .the atla(=hed, question sheet entitled*Findings of F.,at. Sp~a~. U. ~,'). . ~, ~~t ~?i,~ ..d~., ' ,,eW, s~ "' .. . .. · I I· I I I I' Ill , · - . . . I I II II · I I I I I II Il I I III I I I III L- 10) Present use ofth.e property: .. ~=~:~ ~.,~ ....... ' . . .......... .---- ' 11) Size oflot/parcel In question: 8.77 Acres (Parcel Size) ..... . -- 12) Describe the proposed use of the property:'. School/ Pre. School ..... · o acres Imm 13) Is the property:..' · Owner ocmJplecl ... Renter oc~pled ~ I Ill ! NO Has work for which this application is being filed already started? If answer is yes, give detalls: Building Permit Number. Scheduled to commence March 1, 2.004 16) 17)' ~OTE: Builder:. Duke Cgns t~.uct ~. on , . , _ _ , , If proposed speclal use is granted, whenwillthew~rkcommenoe?..t~arch ]. 2004. . .... , If the proP°seal speolal use is granted, who will operate and/or use the proposed Improvement for which this application has been filed? Little S~ar School, Inc. ,, i , ,, i ii ii i i ii i ii . i i i il i Il I .. o LEGAL NOTICE shall be pubr=hed in the Jndlana ~pplls 8ta~, a MANDATORY twenty-five (25) days prior to the publlo hearing date, The certified 'Proof of Publication' affidavit for Ihe newspap~ must be ava~le for Inspection the night of lhe hearing. . LEGAL NOTICE to all adjoining and abutting property ownem b also MANDATORY, two methods of notice are r~ommended: · 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent ~ adjoining property owners. (The white receipt ~hould be staml~d by th~ Po~t Offi~ ~t I~a~t tw~nt~ve {~5) da~ prior to the publio h~'lng date.). · 2) HAND DELIVERED. to adjoining and abutting property owners (A receipt signed by the adjoining and abuffing property owner acknowledging the twenty-~e (25) day notice should be kePt for ~/edfication that .the notice, was, .. completed) .- . . '~EALIZE 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 H .EARING DATE. · · , s of the .._ . - Departm~t of Community DevelOpment are advlsory only and thatthe apprmant slxx~ relyon appropriate subdivision and ' * zoning ordinance and/or the legal ad, Ice of his/her attorney. .. I, ~ Auditor of Hamilton County, Indiana, mrtify that the attadmd.affidavit is a true an~d Cor~plete listing of th~ adjoining and. adjacent property owners concerning Docket No. ~_ . ...... . . ,OWNER ~ADDRESs · i ii ii , i i iii i ii . i ! ii i i 11 , · i lllll i , , , m i i i ii la · i i i ii i iii i · ii iii i i i i i i i i i · IL i i iii 111 , i i i ,ill o · i , , 1111 , , 11 i , - i iiii m ii i i , 111, i il i ,1 11 i 11 · · i , ill i I 1111 · i ii ii i ii , i$ i i ii ii i ii i i -. · i llll ii Auditor of Hamilton' CoU'~by, Indiana, _AFF!DAVIT I, hereby swear that I am the owner/cOntract purchaser of property involved in this application and that the foregoing signatures, statements and answers heroin 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 applio~fion and subsoquent h~rings and t, sfimon¥. · · (Propertybwner, Property Owner".~ A~ttom~y or Property Owner's Power. of Attome¥) (Date), STATE OF INDIANA SS: County of__ /~,4~~. Before me the underslgned, a Notary Public ' (~0~nty in which notarization takes place) ...... · · for_ '2~:~/~d_~ , Oount~, Stat~ of Indiana, pemonally appearod (Notary P~'blio's county of residence) ' ' ~ (Property Owner'. Affomey, or Power of A'ttC~'~ey) and acknowledge the executi. 'on of ~e foregoing Instrument Notary Publl~ignatt~ ................ ' ..... Notary Pu~li~leas6 Print My commission expires:_ ~-~- 77../__)~'. · · · ..,.. Little Star School is a place where-children with autism (along with their families, educators, and therapists) can gather to learn essential life, learning, behavioral, and social skills. Most children with autism leam best in a structured, predictable environment with intensive one-on-one teaching like the environment offered at Little Star School. Table work, classroom usage, and an indoor gross motor room offer various conditions for the children to learn and generalize, new skills. Most children use the facility for intensive learning, during the hours of a typical workday' Some, hoWever, use the facility only in a part-time capacity. Monthly meetings are held at the facility for staff and family training. EXHIBIT A PAGE 1 OF1 A LAND BOUNDARY DBSC~ON OF ~ TOTAL B tm,DIN Srm (INCLtn)ma EXV S ON AR A) HAMILTON CROSSING HAMILTON COUNTY, INDIANA Al, 14, 1999 · A part of the Southwest Quarter. of Section 26, Township 18 North, Range 3 East, Hamilton County, Indimm, described as follows: Commenoing at tho northwest comer of said quarter section; thence North S8 degrees 42 minutes 47 seconds East 710.01 feet along tho north lino of said quarter section; thence South 00 degree~ 25 minutes 34 seconds East 546.54 feet to the POINT OF BEGINNING of this description: thence North g9 degrees 34 minutes 26 sec, on~ East 401.00 feet; thence Easterly, Southeastmrly, and Southerly 230.91 feet along an are to the fight and having a radius of 147.00 feet and subtended by a long chord having a bearing of South 45 degrees 25 minutes 34 seconds Bast and a length of 207.89 fee~ to a point on tho northerly prolongation of the western line of an Ingress-Egress Easement, ~rded as Instrument number 90-9043 in the Office, of the Recorder of Hamilton County, India~ as shown on' the ALTA/ACSM Land Title Survey of Hamilton Crossing Building One, Phase One, prepared for Duke Associates by Paul I. Crib, In~., dated luly 30, 1993; thence South 00 degrees 25 minutos 34 seconds East.SS9.46 feet along said prolonged western line and along tho western line of said · Ingress-B~ Easement to tho south line of tho Building One parcel as shown on said Crip¢ survey, said line also being tho north lino of tho parcel of land known as Building Tv~, Hamilton Crossing; thence South $9 degrees 34 minutes 26 seco~ West ~41.73 feet along tho sou'& line of said Building One to tho southwest comer of said Building One; thence Northe~y 86.80 ~ along an aro to tho fight and having a radius of 600.00 f~ and subtended by a long chord having a bearing of North 04 degrees 34 minutes 14 sooonds West and a length of 86.73 fe~ thenoo . North 00 d~ 25 minute~ 34 seoonds West 619.96 fe~ to tho POINT OF BBOIHN~3 and containing 8.777 acres, moro or less. The beatings in this dosoription are based u.pon tho north line of tho Southwest Quarter of Section 26 having a bearing of North g$ degrees 42 minutes 47 seconds East. Subject to all easements, restrictions and fights-of-way of legal record. EXHIBIT A PAGE 1 OF 1 Pre~dby IVoolpen I, LP N88'4-2 710.01' 0 , SCALE' 1"=500' ~,. Bldg..6' Bldg. 5 ~: , ............... BLDG. 6 HAMILTON CROSSING BOULEVARD Access Esmt. ~._ N89*34'86'E 401.00' POINT OF BEGINNING I z = oo'oo'oo' L=230,91' R=147,00' LC = S45°25'34'E 207.89' ,~L= 08°17';~6' 86.80' R = 600.00' LC = NO4 34 14'~/ 86,73' HAMILTON CROSSING 1 8.777 Acres S89.'34'~6'~/ 541.73' Z Bt.D& 2 HAMILTON CROSSING OFFICE SITE I I I i I I I I I ! I I I I I I I I I PROJECT mmmmmm MAP See Attached Exhibit of Playground Equipment PLAYGR OU N D LA'YOU T ~e./o ca t e d I I I I I I I I I .~~ MERIPlAN (,,~INO , ~~ ~ PLAY~p '~1' WlPTH X 4~,' LE.N~1~ PROPOSF_D PLAYGROUND LOCATION ~/m/m · ) PI~-P HAMILTON .CROSSING ~mn;ro~ "c~ossINa C, ARI~F.L, INDIASNA D~~"ke I PL~¥ E~UIPI~ENT 1 ti'-I? T^BLE SLAYCROUND LA'YO [J T Docket No.' PetitiOner:. C~;~i;L~'C[-~,';' BOARD OF ZONING APPEALS Carmel, Indiana _Du.ke Real,ty Limited Partnership .FINDINGS......oF FACT- SPECIAL USE.(BalIot. Sheet). =, , e .' · 1· il · i i ii , . · i ii i 11 iiiii DATED THIS DAY OF~ ,4/Z~¢y Board M~mb~'r' ' e e e . , Docket No.: CARMEL/CLAY BOARD OF ZONING APPEAL. G CARMEL, INDIANA Petitioner. _,Du,k,e..Realty' .Limi.ted .Partnership· FINDINGS OF FACT - SPECIAL USE The sPeCial Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended (does) (does not) apply and. prerequisites have been met by Petitioner as verified by:. " -N/A- - -' - The-.. $'pe~ial Use. Will be consistent with ~ Character and permitted Land Use" of 'the zoning district a~ Carmel/Clay Comprehensive Plan because: Special use--w~]] not ~n~rfer~ nr n~hPrw~P nh.qfr~f F,,n~f~nn~n~ n,f prnper~y. The Special. Use is Physically Suitable for the land in qUestion because: ...... Th±s ~.Tpe of use]: typ±ca11¥ locates in a~d co-exists with offlce uses. Al']" requir~'me~ts of th±s spec±al use ca~ '~)e accommodated With 'no ±nterfe~ence of existi, n~ ·,tenants. The Special Use will not injUriously or adversely affect the adjacent land' Or property values-becausei· Hours of op.eration will not coi.nci..de,with.,office' ~e,ak hour..s.,a, nd al.l.,i,mprovemen are e{ther contained within occupied space or readily accommodated on site. The Sp'eC~l Use Will not adversely affect vehicular.o~ I~edeStrian ~affic ~i°w, nor thO"adequate availability ofwat~ sewage, or storm drainage facilities, or police or fire protection because: The. loads for water~ sewer an'd ot. he,r facilities would not exceed t, hose of _ _ permitted office uses. ~rhe'.Board has reviewed the requirement~ of Ordinance Z-160, ~ec{ion 21.3 (1-2~i' as theY relate to this Spec, J Use, and does not find that those criteria prevent the granting of the Spe¢~l Use: · Il I . I I I I, I I I I I I I I .Ill ..i DECISION IT IS THEREFORE the decision of the CarmeFClay Board of Zoning Appeals that Special Use Docket Numb is granted, subject to any conditions stated in the minutes of this Board, which are incorporate herein by reference and made a part hereof. Adopted this day of_ . . 20 . . . bHAIRpEI~soN, carmel/Cl~y Board of Zoninl~ Appe~s' ' ,~E(~RETARY,'Carm~I/Clay Board of Zoning Appeals ' - Z.~a~I~s~ZA appllcalions~pedal Use Application Revised 12/31/2002 Conditions of ~'e Board am lisl~ on me. back. (Petrdoner or his representative to sign).