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HomeMy WebLinkAboutCorrespondenceMemo To: Plan Commission members From: Department of Community Services---Steve Engelking, Director Date: 05/11/99 Re: D.O.C.S. Review of Agenda Items for 05-11-99 meeting The Department of Community Services has reviewed Docket No. 24-99 D.P./ADLS and Docket No. 25-99 P.P./S.P., Development Plan, Architectural Design Landscaping, Lighting, and Signage applications, and replat for BK Partners. Clarification is still needed regarding the architectural design and landscape plan. From an initial review of the revised plan, the following issues were identified: ~' The gas fill-up canopy roof appears to be "long and monotonous". According to 23C.9 (B), this should be avoided in the design. Also, the canopy is greater than 90 feet in width, so an offset is required to breakup the continuous fagade. (23C.9 D) >' A minimum of ten stacked spaces is required for a restaurant drive-thru lane, space for 6 is indicated in the plan. Also concerning the drive-thru, there are to be no drive-thru facilities along the side of structures and the outlet should be to the rear of the building. (23C.11 G). ~' Verification of parking adequacy will be necessary once figures concerning capacity of the restaurant are disclosed. >' The site circulation and curb cut locations for the site could be improved. The Department of Community Services has reviewed Docket No. 30-99 D.P/ADLS, Development Plan and Architectural Design, Landscaping, Lighting, and Signage applications for C & C Realty Company. Color elevations, site circulation plans, and sign plans have not yet been received, so evaluation of design theme and style has not begun. The following comments came fi'om this review: > The office and warehouse building as proposed would not meet the minimum 20- foot height requirement of the Overlay Zone. (23C.9 C) ~' The warehouse buildings do not meet the maximum 120-foot front yard building setback. (23C.8 B) > Parking spaces must be a minimum of 180 square feet with two feet of overhang for bumpers allowed where possible. The current plan indicates spaces ranging fi.om 160-162 square feet. The additional warehouse space requires 128 additional parking spaces, I 11 are provided. (23C.11 B) > Clarification is needed concerning where mechanical equipment will be mounted, to ensure it will be properly shielded fi.om view. The continuous facade of 216 feet requires an offset to be added. According to 23C.9 D, this must be done with a continuous fa9ade ofg0 feet or greater. A revised lighting plan is also needed, detailing the location, number, type and foot-candle distribution. Parking to the side of the new office building does not seem to be properly hidden from the roadway. The access points connecting to adjacent sites may be better placed in order to facilitate the best use of the access road. The Department of Community Services has reviewed Docket No. 31-99 Z, a rezone application for Glenwood, LLC. Using the Comprehensive Plan, Growth Policies Plan for Central Business Districts (5-25), the rezone application was examined. This classification is typically meant for Old Town, yet is applicable in this situation. From the review, the following comments have been made: } According to the official zoning map, all area surrounding this location is zoned R-3. } The Thoroughfare Plan indicates College Avenue as a Secondary Arterial Roadway. This roadway could support the traffic from such a use. ~' The Central Business District classification suggests adjacency to residential areas, building frontage to street, and pedestrian scale development. All of these items work with the rezone of the property. } The Central Business District classification suggests that a business, such as that proposed in the rezone, be buffered from residential properties by either the scale of the building design, landscaping, or rear parking. Some landscaping does exist but more will need to be added in order create a buffer. ~' The Central Business District classification suggests that such a business be located near Regional/Community Employment Areas. According to the Comprehensive Plan, there is no such area located adjacent to the property yet one is in close proximity at U.S. 31. The proposed "covenant" needs to be put in a form acceptable to the department. May 5~ !999 S~nt Via.Fax City of I~partm~t of Community S~'viccs Ot~ Civic Square C.~mcL IN Mark: Following is a proposed restdetive ~ovenaat that I intend to offe~ th~ Special Study. Committee for its oonsidetafion this evening. I lmve a meeting at Noblesville City Hall lhat ~1_~o begins at 7;~ m~g~, I ~ fg~ on the ag~ i~ Noblesville. If I ~ve ~ ~v~ w~n ~ C~i~ g~ to i~ 6 on ~ ~ pl~ ~ ~ ~e ~ move ~ i~m to ~ ~ of ~ ag~ Enelosare DBF:mkb 970 Log~ 8~ · N~s'fl~l~: ]~ma 46060 · ~e 317~7754013 · FM( 317-773-2723 DECLARATIONS OF HOVENANTS Glenwood LLC for good and valuable considexatlon b~mby ac.k~wl~lged, by i~ m~g~-g ~r, ~ Voi~t ~ei~ "~t") ~y ~s ~ ~ real ~ wi~ a ~on add~ of 10820 ~ll~e Av~, C~. In~ ~ fol~ws: L D~latant is ~h~ own~ of all of th~ r~d c~ legally do~ribod as foIlows: Lot Numbered }~ight (g) and the We.~ One Haig(If2) of Lot Number Nine (9) Lq Dixie Highway Addition, an Addition to Home Pia~© ill HalRiltorl County, Indi~a as Ocr plat thereof, recorded in Deed Record 106~ p~e 7, in the ~oe ofthe Reoolg~ of H~mil~on COmity, Indiana. Dcdarant for and on behalf of i~elfand its successors and assigns hereby reslricts th~ use of ~he real estate described above to tl~ following uses: A= General office u~e for th~ conduct of the basLqess of Americm~ ~o~ Sys~ ~d Acc~Med ~ ~ ~ ~ ~d on Residenfal uses as p~rmitted in the R-3 Residom~ Disaic~ defined Lq thc Carmct/Clay Zoning Otdinaace. 3, l~¢lirant for ~I on b~half of it. lf ~ad its ~u~aessot~ ~ assigtts h~by re~ios th~ u~e of the teal estate de~fibed e~bo~c to prohibit 1~ r~ipt, generation, ~ansportation, m~nufacmre or crea~/on of bio-haz/gdou~ w~e, Dated and exccutrd tl~ __ day of May, 1999. GLENWOOD LLC by: L~ Voig~, MzA~agLq~ Member STATE OF INDIANA COUNTY OF HAMILTON Before me, a Natary Public in sad of said County and State, personally appear~ Leonard Voigt, who aelmowiedged the ex~cution of the foregoing Declaration of Covenants to be his volunta~ act and deed. Witness my hand and Notarial Seal thi~ gay ofMay, lg)9. My Commission Expire.s: County of Residence: , Notary Public This i..~ument ~.~par~d by: Do~I~ B. ~1o~, Ag,0mt, y at Law, 970 Loga~ ~ Noblesviile, b~diaaa, 46060 facsimile TRANSMITTAL date: pages: Mark Monroe 571-2426 Letter and Declaration 5-5-99 4 page(s) total, including this cover sheet DOUGLAS B. FLOYD ATTOIRNEY AT LAW 970 LC;GA~ STREET NOPA_ESVILLE, tNDIANA 4036O 317-7'73-~013 Fax; 317-773-2723 I 'd HOELd H¥C3E:: ~ ~5~S L-~ l-~ April 11. 1999 All Plan Commission Members c/o Ramona Hancock 1 Civic Square Carmel, IN 46032 From: Susan Reagun-Capshaw Resident of 10830 Noffi~ College Re: Cannel Plan Commission Meeting on April 20 1999 REZONE application for 10820 North College and · vacant property behind it on Broadway On August 20, 1997, I filed a complaint with Angela, of DOCD, against Mr. Leonard Voigt. 10820 North College, regarding the operation of a pre-employmem drug screemng business at that address without a variance. The file number is 1532. It is zoned residential and next door to our home. Mr. Voigt told us that he would get a variance "when he got around to it". He said that since there was a fire station here and other businesses across the street (which, by the way, are on the Eastside of College and operating with variances) that he would have no trouble getting his variance. On September of'97, Leonard told ray husband and I ~ he had a visiter from tho State Board of Health on a complaint ftied by me and that the>, were happy with the handling of the chug screening at his business. It turned out that it was Jeff Kendall, IX)CD, that was at his business and not the State Board of Health as Leonard had claimed. Mt. Kendall told me that Mr. Voigt did have a chain of command. I told Mr. Kendall that it was my undemanding that Mr. Voigt needed a variance and was told that he would be sending Mr. Voigt a loiter to comply. 11-26-97, I called DOCD about the status of nO, complaint and was told it was turned over to Ten? Sones. Then. Della Faulkner told me that they would write a letter giving Mr. Voigt so maw, days to comply. I told her that since Mr. Kendall had observed a chain of command, that it should be enough proof he was operating a da-ag screemng business without a variance and that I didn't understand why the rules regarding variances in residential neighborhoods were being ignored. Thus far, Mr. Voigt had not yet fried. 12-1-97, I called DOCD and spoke to Steve Engelking, the Director. and was told that DOCD was at Mr. Voigt's business for over an hour that morning advising him that he would have to file for a use variance by 12-12-97. Since that date, although frustrated, I had continued calling DOCD. Finally, on February 20, 1999. a year and a half later, Mr. Doug Haney, Carmel Legal Department. told me that it was turned over to them. I appreciated the fact he was getting something done. He told me that they sent Mr. Voigt a certified letter which was sent back unclaimed. He told me he was going to send a deputy over to deliver it. to advise him to comply, and if he didn't, th~, would have enough proof to get an injunction against him. Finally, Mr. Voigt has filed--but, for a rezone not a variance. I was told by' Mark Monroe of DOCD. who has been very helpful regarding this, that it is not in the "master plan" for the Westside of College to be zoned commercial. In October of '98~ Mr. Voigt told my husband that ff we were going to oppose him on getting a variance that he would have no claY~ce bm to get the pmpem.- rezoned commercial. He said that ff he didn't get it. he would have to become an absentee landlord and that who knows what kind of nC~ghburs we would get. Last summer we had numerous people barrel down our driveway, lost, looking for Mr. Voigt's business while my three year old child was playing behind our house in the driveway! In addition, we had a Farm Bureau employee on June 24, 1998 knock on our front door, asking, Pis this where the nurse is?" When I direoed him to Mr. Voigt's business, he said, "oh, they told me it was across from the preschool". Just last week I noticed a nm in full scrubs entering the back of 10820 North College with a key.. Rachel Cohen owner of Peter Rubbil Preschool said she is getting people each week saying they are from Wal-mart looking for 10820 N. College to get their pre-employment drug screening done. Last week, Mark Monroe, DOCD, told me be did observe chemistry type equipment in Mr. Voigt's business when he was there six months ago. There are numerous vehicles parked in the driveway each week, as well as, Airbeme Express trucks in and out of the driveway al this business. Mr. Voigt denies thru he is doing blood work there. He told us it was an office. Rachel Cohen told me that Mr. Voigt told her last week that the,,- only test urine. However, I have requested a copy of a contract signed my Mr. Voigt last year with the City of Carmel to do flu shots. It is public record and under the name Acco-MecL 10445 North College (?). We have the following concerns: 1 ) He has changed the name of his business three times that we know of from Glenwood Limited Liability, to Accu-Med, to American Para Professional Systems. We find this ~ 2) We are concerned with the various stories Mr. Voigt has fold in regard to what is going on at this business. 3) Mr. Voigt, has already demonstrated a lack of integrity for following the rules pertaining to getting a variance to operate a business. What other rules has he disregarded possibly pertaining to biohazardous waste handling? 4) He says letting more business in is benelitmg the neighborhood when m fact, we observe litter on his vacant property most of the time and lrash cans sitting on his front porch. I would also like to say that we are homeowners that take pride in our property and have done a lot to improve it since we have lived here. 5) Even ffbe had a sign in front announcing his bUSiness, we would still get lost customers barreling down our driveway or knocking on our froto door. We do not need anymore businesses in our residential area. It was not zoned for that. It would affect our investments as homeowners, and be a dumping ground for businesses to take over our neighborhood at a low cost. It will creme more through traffic. All types of busiuess could pessihiy open up ia our neighborhood. They may not be of the same quality and caliber as some of the other area businesses that are operating with variances and are not on thc Westside of College or Broadway. It is our hope that you will give consideration to our concerns as well as to our opposition to this smeerely, Homeowner City of Carmel VIA CERTIFIED MAIL NO. Z 010 796 488 RETURN RECEIPT REOUESTED March 3, 1999 Mr. Leonard Voight, President Accu-Med 10820 North College Avenue Indianapolis, Indiana 46280 Zoning Violation - Accu-Med 10820 North College Avenue Indianapolis, Indiana 46280 Dear Mr. Voight: Your company, Accu-Med, is operating a business in an area zoned R-3 Residential in violation of the City's Zomg Ordinance. It is my understanding that you were aware of the zoning of this property prior to purchasing it, as a result of several conversations you had with Mr. Mark Monroe of the Department of Community Services. In any event, and despite repeated requests from the City, you have failed to file for a variance or request the rezoning of this property. Please be advised that you have until 4:30 p.m. on Friday, March 19, 1999, to formally apply for a variance or request rezoning of the referenced property. THERE WILL BE NO FURTHER EXTENSIONS OF THIS DEADLINE. If you continue to operate a business at the above location and/or fail to file for a variance or request rezoning within the time flame specified above, the City intends to pursue legal action to enjoin you from operating a business at the above location in violation of the City's Zoning Ordinance. This letter is not intended and does not constitute an opinion or an indication of whether a request for rezoning or a request for a variance will be granted or denied by the Common Council or the Board of Zoning Appeals. Each action must stand on its own merit. DCH/eb CC: Very truly yours, Douglas B. Floyd, Esquire, VL~ CERTIFIED MAIL NO. Z 010 796 486, RETURN RECEIPT REQUESTED Steve Engelking, Director, Department of Community Services Terry J. Jones, Building Commissioner ~ 1~1~1~' Mffnro e;'~D epar tment~ o ~ Co~m_uni~t ~'~S_~)~ ONE CIVIC SQUARE CARMEL, INDIANA 46032 3171571-2400 m taoya May 29, 199g VIA FACSIMILE TRANSMISSION 3 i 7-571-2439 ~, Terry Jones, AICP City of Carmel Building Comnfissioner One Civic Squ~ Carmel, IN 46032 ~Teny: Aceompaaying this letter is the Rezoae Application for Olmwo~ LLC, ~ o~ of r~ e~e c~cnfly u~d by Accu-M~ at 10820 No~ College Avmu~ C~l, Indi~. ~li~ W~y I p~d ~ ~plicafion f~ for ~s ~ in ~e ~ird fl~ ~ of ~ PI~ ~mmi~. I follow ~ ~ ~li~ of ~ ~ ~li~ ~d ~ng ~ to yo~ offi~ ~ M~. PI~ ~ me at 773-~13. DBF/jaa c: Craig Carpenter via FAX at 571-2484 City of Carmel Mr. Douglas B. Floyd, Esquire 970 Logan Street Noblesville, IN 46060 May 22 1998 Via: Certified Mail Return Receipt Requeated Re: Zoning Violation - Accu-Med; 10820 N. College Ave; Cannel, IN 46032 Dear Mr. Floyd: This letter serves as a follow-up to our telephone conversation of May 19, 1998, regarding the referenced zoning violation. You have indicated that you represent Mr. Leonard Voight and Accu-Med on this matter. As you know, Aceu-Med is in violation of the City of Carmel's Zoning Ordinance by operating a business in an area zoned R-3 Residential. On behalf of your client, please formally file for a variance or request rezoning of the above property no later than 4:30 p.m., Friday, May 29, 1998. THERE WILL BE NO FURTHER EXTENSIONS OF THIS DEADLINE. Should your client continue to operate a business at the above location and fail to file for a variance or request rezoning within the time frame specified above, the City intends to pursue legal action against your client to enjoin the operation of the business in violation of the zoning ordinance. This letter is not intended and does not constitute an opinion or an indication of whether a variance or rezoning will be granted or denied by the Common Council or the Board of Zoning Appeals. Each action must stand on its own merit. cc:~steve~Engelking; l)irect~!~Og:~, ~:. Terry ~'. Jones, Building Commissioner Mark Monroe, DOCS ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/57D2400 Parcel Number: 1713020408009000 Properly Address: U~ITNO HOUSE NO. HOUEE FRACT. 10820 0.00 COLLEGE AVE INDIANAPOLIS 46280 LOT #: 8 SUBDIVISION: DIXIE HIGHWAY ADDITION 060 249 t7 510 0017 0.00 BISHOP,WILL A & PAMELA R COGET 0052715 10820 COLLEGE AVE INDIANAPOLIS IN 46280 APPLICATION NO: PERMrF NO: PERMFF ISSUED: Description ReaCd Building Permit Payment Water Payment Sewer Payment Truss Specs [] Survey Certificate [] Engineering [] Certificate Zoning Approval [] Development Permit [] Fire Department [] Gas Inspector [] Date Sent ADor'd Temporary Occupancy Approved: Occupancy Certificate Approved: I Expires:I ] Insp:L Received Other [] I I file # 1532 08/21/97 ** I could not find any variance on file, Approved or Denied. 09/19/97 ** Called county recorder. Now owner name not on file yet. 09119197 ** Filer called for update. Would like call back. 11/26/97 Filer called, concerned/was advised that Dept Director will return call next week. Notified Health Dept for input. 12/1197 Filer called, Dept Director returned call. T Jones met with Mr. Voight, advised him of need to seek use variance for the site. 12/3/97 Health Dept advised us that a lab needs to be licensed, County does not regulate, rather OSHA would regulate. (OSHA# 232-2688). Dept plans to await submittal of variance application rather than initiate OSHA at this time. Will follow up. (Accumed 846-2121 per HR - Dan Couch). Per Clay Township assessor office (12/1) Jeffrey A & Susan R Capshaw own 10820 N College, as of 8/29/97. Also, Glenwood LLC owner of 10830 N College, as of 8/29/97. Tax bill goes to 10429 Pacet Ct., Carmel, IN 46032. 12/19/97 Per T Jones, discussion continues re: alternatives/zoning approvals. 12/22/97 Mrs. Capshaw called, wants to know what we plan to do, since lab has not filed by deadline for variance. I expld discussion is ongoing, but she wants a call with further detail. 12/22/97 Dick Klar called, wondered about status. Said sewer dept-plans to send letter re: this lab. Home Place Assoc. keeping up vigilance. '~ SEE ADDITIONAL INFORMATION IN THE MASTER FILE UNDER ACCU-MED. 06/24/98 ** Filer called and I sent her to LEGAL. ah