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Home My WebLink AboutApplication Bldg height";ITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY, INDIANA AP,~LI,CATION FOR BOARD OF ZONING APPEALS ACTION ',.-~;i'. ':~,~)"~ ..... DEV~L'O~:ENTAL STANDARDS VARIANCE REQUEST DOCKET NO. ~ ......... ~ ~ ~'.~;';727 ~¢~., DATE RECEIVED' 1) Applicant: ~f.[~::~evelopment ComPaCy, Inc. Address: 30 SoUt~eg'di~"~~uite 1100, Indianapolis, Indiana 46204 2) Project Name: Greyhound Commons Phone: 577-5600 Engineer/Architect: Phone: 3) Attorneys: Paul G. Reis and Mark T. Monroe Applicant's Status: (Check the appropriate response) Phone: 580-4848 ~ (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property (c) Other: Applicant is the developer and related entity to the property owner. 4) If Item 3) (c)is checked, please complete the following: Owner of the property involved: Kite Greyhound, LLC. Owner's address: same as applicant Phone: same as applicant 5) Record of Ownership: Instrument No.: 200036996 Page: Purchase date: Summer, 2000 6) Common address of the property involved: None assiqned at this time. Legal description: See Attached Exhibit 'A' Tax Map Parcel No.: 16-10-19-00-00-001.009; 17-10-19-00-00-027.101;and 16-10-19-00-00-031.001 7) State explanation of requested Developmental Standards 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 request). '~/a~.a_n.__c_e reque~,Lfr~om~,ec~~'f Planned Unit Development Ordina?ce, Z-344, to decrease the minimum h--e-~.q ht of four proposed restaurant%~uildinqs along Keystone Avenue from~~__e~t'tb-25-feet.~ (The fourth restaurant that is located at the northeastern corner of the site does not require a variance for heiqht. The variance is being requested in the instance the fourth restaurant would be moved within 300 feet of Keystone Avenue.) 8) State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Developmental Standards Variance"). At the time that Ordinance Z-344 was adopted amendinq the Carmel Clay Zoning Ordinance, the applicant had not yet prepared final development plans, architectural desiqn, lighting, landscape or si.qnage for the proposed development on the property subiect to the Planned Unit Development District. Conceptual drawinqs were presented to illustrate the overall development in support of the rezoninq of the property. Now that the south end of Page 1 of 5 -- Developmental Standards Variance Application the real estate is to be developed for restaurants, the minimum heiqht needs to be reduced from 30 feet to 25 feet. 9) Present zoning of the property. (give exact classification): PUD 10) Size of lot/parcel in question' + 5 acres, subiect to rights-of-way 11) Present use of the property: vacant 12) Describe the proposed use of the property: restaurant development 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? If answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? as soon as possible 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? various tenants within the development proiect Page 2 of 5 -- Developmental Standards Variance Application AFFIDAVIT I, hereby swear that I am the attorney for the applicant and the owner of the property involved in this application and that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Signed' ~ Date Paul G. Reis, Attorney for Kite Development Company, Inc. (Please Print) STATE OF INDIANA COUNTY OF MARION SS: Before me the undersigned a Notary Public in and for said County and State, personally appeared Paul G. Reis and acknowledged the execution o'f the foregoing instrument this [Z'~r" day of February, 2004. (SEAL) t ?"~;r',~: r\ Marion County I[~: s'~ ~,~-~ My Commission Expires ~;....~,,- . II ";";f';~ i'"¢'":" . Apn, l,27, 2000 ...... Page 3 of 5 -- Developmental Standards Variance Application CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' Petitioner' Kite Development Company,, Inc.,, FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet) . . . DATED THIS DAY OF ,20 Board Member Page 4 of 5 -- Developmental Standards Variance Application CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Kite Development Company, 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 minimum heiqht established by this variance will ensure that the heiqht of the restaurants will conform to the approved buildinq design adopted the Carmel/Clay Plan Commission. , 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 variance establishes the criteria and ,quidelines approved by the Plan Commission in consideration of the use and value of the adjacent area and properties. , 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 zoninq ordinance as amended by Z 344 is not in conformance with the restaurant desiqn specifically approved for this development project thereby creating an ambiquity that needs to be removed by this variance. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Developmental Standards Variance Docket No. 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 day of ,20 CHAIRPERSON, Carmel/Clay 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) · S:\carmelclaylanduseregs\checklist~devstandapp Revised 1/25/2000 Page 5 of 5 -- Developmental Standards Variance Application LEGAL DESCRIPTION A part of the Northwest Quarter of Section 1.9, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, described as follows' Beginning at a point at the intersection of the north line of the south half of said quarter section with the eastern boundary of State Road 431, said point being North 89 degrees 15 minutes 32 seconds East 609.82 feet from the northwest comer of the south half of said quarter section; thence along said eastern boundary Northwesterly along a curve to the right with a radius of 5671.60 feet, the radius point which' bears North 66 06 minutes 18 seconds East a distance of 292.04 feet to a point which bears South 69 degrees 03 minutes 19 seconds West from said radius point; thence North 69 degrees 03 minutes 19 seconds East 47.00 feet; thence North 90 degrees 00 minutes 00 seconds East 130.48 feet to a non-tangent curve having a radius of 270.00 feet the radius point which bears South 55 degrees 55 minutes 00 seconds East, thence Northeasterly 365.41 feet along said curve to a point which bears North 21 degrees 37 minutes 34 seconds East from said radius point; thence North 89 degrees 14 minutes 07 seconds East 192.22 feet; thence South 00 degrees 10 minutes 51 seconds West 526.33 feet to a point on a non-tangent curve having a radius of 278.87 feet, the radius point of which bears North 67 degrees 12 minutes 27 seconds West; thence Southwesterly, Westerly, and Northwesterly along said curve 630.33 feet to a point which bears South 62 degrees 17 minutes 54 seconds West from said radius point, said point lies on the aforesaid Easterly limited access right-of-way line (the next two courses are along said right-of-way); 1) thence North 24 degrees 51 minutes 15 seconds West 72.38 feet to a curve having a radius of 5671.60 feet, the radius point of which bears North 65 degrees 06 minutes 51 seconds East; 2) thence Northwesterly along said curve an arc distance of 102.38 feet (101.7 feet deed) to the Point of Beginning which bears South 66 degrees 08 minutes 54 seconds West from said radius point, containing 8.498 acres, more or less. This description encompasses Parcels 1, 2, 3, and 4 as shown on this survey by United Consulting Engineers, Job No. 02-802, and completed May 31, 2002, with no gaps, gores or overlaps contained herein. legal description - height variance revised: draft 10/22/99 12/7/99 1/7/00 1/21/00 2/16/00 3/8/00 3/27/O0 ORDINANCE NO. Z-344 146T~I STREET AND KEYSTONE AVENUE PLANNED UNIT DEVELOPMENT "DISTRICT Ordinance No. Z-344 AN ORDINANCE ESTABLISHING THE 146th STREET AND KEYSTONE AVENUE PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, (the "Carmel/Clay Zoning Ordinance") provides for the establishment of a Planned Unit Development District in accordance with the requirements ofI.C. § 36-7-4-1500 et seq.; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, pursuant to I.C. § 36-7-4-1500 et seq., it adopts this ordinance, (the "Ordinance"), as an amendment to the Cannel/Clay Zoning Ordinance. Section l. __ Applicability_of Ordinance: Section 1_ 1_ The Official Zoning Map of the City of Cannel and Clay Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit 'A', (the "Real Estate"), as a planned unit development district. Section 1.2.. Development in the planned unit development district shall be governed entirely by the provisions of this Ordinance, with the exception that provisions of the Carmel/Clay Zoning Ordinance specifically referenced within this Ordinance and in effect on October 22, 1999, shall also apply. Section 1.3_ Any capitalized term not defined herein shall have thc meaning as set forth in the Carmel/Clay Zoning Ordinance in effect on April 17, 2000. Seetirm 2. Permitted Primary Ilses' ,,, - ~li~iC 'or medical heaith center Financial Institution Grocery Store Hotel Nursing, retirement or convalescent facility Professional OffiCe ....... Research Laboratory_ .... Retail Uses .... College or UniVersity ............ General Offices . Hardware Store (including Lumberyard and attached Garden Center) .In. suranc_e Office. . . . Office building ......... Recording Studio Restaurant e'nclosed ..Utility company business office _ F, xcl,,ded PHmary l Lqes: Amusement Park Automobile se~ice station or filling statio.n .. Bulk s_torage o..f petroleum products Carnivals, fair~s, ci.rcuses Disposal or storage of hazardous or radioactive materials .............. Flea market -Garbage disposal plant/sanitY_landfill Grain ele.v..ator . Ju~ and/or salvage yard ......... ~ Manufactured housing, sales . Mobile home court Penal or correctional institution Reclaiming processes involving materials and/or chemicals that are considered dangerous to the health, safety, and welfare of the general public as determined by the State of Indiana, Hamilton County or the City Refining or manufacturing asphalt, cement, __ ~_gyp_ sum, lime,_wood prese...ryatives ........... ._ Sand...and gravel extraction or sales _ S.exually oriented business. .... Small engine sales or repair ,, Stock yards, slaughtering, leather curing and ~ tarming ................................. Water slide ........ A~tom°biie sales or le..a.s.i.ng Boat sales Commercial warehouse storage_ _ Equipment sales or repair ,,, FertiliZer manufacturing Go-cart track Indus[rial ..uses---hca .vy Commercial ...k..ermel ....... Miniature golf Movie theater. (o~d°°~) Plant nursery Refining or manufacturing of petroleum products Roadside sales stand; parking lot or outdoor temporary_ sales S elf. storage/mini-watch°use' facilities Single-family residence Stand alone restaurants with walk-up window and/or drive-thru window food sales or those restaurants that traditionally have walk-up window or drive-thru window food sales Truck stop Se3tinn& Accessory. Buildings and I lses' All accessory buildings and uses which are permitted in the B-2 zoning district shall be permitted, except that any detached accessory building shown in any Development Plan ("DP") shall have on all sides the same architectural features or shall be architecturally compatible' with the principal building(s) with which it is associated. Section 5~ Minimum Tract Size: The minimum tract size is 5 acres. This Section 5 does'not however 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 Director, and all other applicable requirements contained in this Ordinance. ~. Planned Unit Development District Ordinance - i 46th Street and Keystone Avenue ~eight and AreaRequirementg' Section 6_1. Maxim_urn Ru~ildingHeights: All uses, sixty (60) feet. Section 6.2_ Minimum .Building Height' (~!!'__-uge~s~.-~)~-k~e~et~i~h~kth¢-K~ystone A~venue-fromage, or for uses not on the frontage, fourteen (14) feet, with a minimum of twelve (12) -f~.~fio the lowest eaves for a building with a gable or. hip roof. Any building or part of a building within three hundred (300) feet of the Keystone Avenue right-of-way shall be considered on the frontage. Accessory buildings, attached garden centers, and screened delivery areas are exempt from the requirements of this Section. Section 6_3. Minimum Building Setback.q: The minimum building setback measured to the nearest fight-of-way shall be at least 90 feet, except along 146th Street where the minimum building setback shall be 45 feet. Section 6.4. Minimum Gross Floor Area_ Number of Tenant.q' A. All buildings shall have a minimum of fifteen thousand (15,000) square feet of gross floor area, excluding the floor area of any basement or any accessory building(s). B. The initial building to be developed and constructed on the northern one- half (1/2) of the Real Estate is intended to be for a single tenant. In the event that this building is not developed and constructed for a single tenant and/or upon redevelopment of this building or its site as a multi-tenant building, then the provisions of paragraph C below shall apply. C. Excepting for the initial single tenant building described in paragraph B above, all buildings shall have no more than six (6) tenants. D. Accessory buildings permitted need not meet the minimum floor area requirement. E. The gross floor area of restaurants is allowed to be less than 15,000 square feet but not less than 7,500 square feet. F. All retail uses must occupy at least 10,000 square feet of gross floor area. Section 6.5. Maximum Pamel Coverage and Density: A, Maximum Parcel Coverage shall be sixty-five percent (65%) for office uses and thirty percent (30%) for retail uses. B. Maximum Floor Area Ratio (F.A.R.) shall be 0.70, with the F.A.R. being calculated by dividing the total gross floor area of a building or buildings on any parcel by the area of such parcel. Section 6_6_ Architectural Desi~cm Requirements: A. Scale and proportion: All building facades, including doors, windows, column spacing, and signage shall be designed using the Golden Section, represented by the ratio 1' 1.6 or 1.6:1. QWEST ELEVATION ~ ~/~'-~'..o' -' ZtV' <~°° 3OO - #.iXI(~AN POOD IMBAiiY_ -'-:"* ~ _ . -