HomeMy WebLinkAboutApplicationAPPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
.,
DOCKET NO.
1) Applicant: Kite Development,.:..~O.~pany
DATE RECEIVED'
2)
Address' 30 South Meridian St., Suite 1..100,'Indianapolis, Indiana 46204
Project Name: Greyhound Commons'
Phone: 577-5600
Engineer/Architect: Phone:
Attorneys: Paul G. Reis and Mark T. Monroe
Phone: 580-4848
3)
Applicant's Status' (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X
(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).
Variance request from Section 27.0 of the Carmel/Clay Zoning Ordinance to decrease the minimum number of
parking spaces for the restaurant uses from 1 space for every 2.5 patron seats to 1 space for every 3 patron seats.
8)
State reasons supporting the Developmental Standards Variance' (Additionally, complete the attached question
sheet entitled "Findings of Fact-Developmental Standards Variance").
The ordinance requires too many parking spaces for this particular use evidenced by the ordinance requirements
of surrounding communities (Indianapolis- 1 per 4 seats; Westfield - 1 per 3 seats; Fishers- 1 per 3 seats). The
variance will provide for adequate parking for customers and employees while reducinq the "sea of asphalt" that
would result without the variance.
Page 1 of 5 -- Developmental Standards Variance Application
9)
Present zoning of the property (give exact classification): PUD
10)
Size of lot/parcel in question: + 5 acres, subject 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.
Date
Mark T. Monroe, Attorney for the Kite Development Company
(Please Print)
STATE OF INDIANA
SS'
COUNTY OF MARION
Before me the undersigned, a Notary Public in and for said County and State, personally appeared
Monroe and acknowledged the execution of the foregoing instrument this /~'r~ day of June, 2004.
(SEAL)
Notary Publicx--'''
Printed Name
Mark T.
Commission Expires
County of Residence
Page 3 of 5 -- Developmental Standards Variance Application
CARMEL BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.' 04
V
Petitioner:
Kite Greyhound, LLC
FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet)
,
,
DATED THIS
DAY OF ,20
Hearing Officer
Page 4 of 5 -- Developmental Standards Variance Application
,
CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 04
V
Petitioner:
Kite Greyhound, LLC
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 property owner will provide adequate off street parking for customers and employees of the restaurants.
.
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 property owner will provide adequate off street parking for customers and employees of the restaurants.
,
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 requires an excessive amount of parking spaces that results in a less attractive site.
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
HEARING OFFICER, Carmel 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
Exhibit 'A'
LEGAL DESCRIPTION
A part of the Northwest Quarter of Section 19, 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.
legal description - height variance
Planned Unit Development Distr/ct Ordinance - 146th Street and Keystone Avcntte
2. Ornamental trees' a minimum mink diameter of 1½ inches at six
(6) inches above the ground line, a minimum height of six (6) feet, and a
branching height of not less than 1/3 nor more than 1/2 of tree height.
3. Evergreen trees: a minimum height of eight (8) feet, a width of not
less than 3/5 of the height.
4. Deciduous shrubs: minimum height of twenty-four (24) inches,
with no less than six (6) main branches upon planting.
5. Evergreen shrubs: minimum height and spread of twenty-four (24)
inches.
Section ?_4_ Lnnd.~e~n(n~ Tn~tnllation and Mainten~ne~e,
A. In~taljatian: All required landscaping shall be installed prior to the
issuance of a final Certificate of Occupancy by the Department. If it is not
possible to install the required landscaping because of weather conditions, the
property owner shall post a bond for an amount equal to the total cost of the
required landscaping prior to the issuance of the temporary Certificate of
Occupancy.
B. Maintenance: It shall be the responsibility of the owners and their agents
to insUre proper maintenance of project landscaping and retention ponds approved
in accordance with the development requiremems specified for this Ordinance.
This is to include, but is not limited to, irrigation and mulching of planting'areas,
replacing dead, diseased, or overgrown plantings with identical varieties or a
suitable substitute, and keeping the area free of refuse, debris, rank vegetation and
weeds.
·
C. Changes After Approval' No landscaping which has been approved by the
Commission may later be materially altered, eliminated or sacrificed, without first
obtaining farther Commission approval. However, minor alterations in
landscaping may be approved by the Director in order to conform to specific site
conditions.
D. In~ection: 'I~he Director shall have the authority to visit the Real Estate to
inspect the landscaping and check it against the approved plan On file.
Section
Parkin g Requirem_ent~q:
A. Except as provided in Paragraph B, parking is prohibited 'between the
Keystone Avenue fight-of-way and the setback line of the building.
1. Efforts to break up large expanses of pavement are to be
enc°uraged by the interspersing of appropriate planting areas wherever
possible.
2. Pedestrian access to and through parking areas shall be provided in
the DP.
3. The number of parking spaces required is established in Section 27
Planned Unit Development District Ordinance - 146th Street and Keystone Avenue
of the Carmel/Clay Zoning Ordinance; however, for the purposes of
calculating the required number of parking spaces, attached garden centers
and screened delivery areas shall be excluded.
4. There shall be an appropriate number of parking spaces, accessible
to the building(s) and identified as reserved for use by handicapped
individuals, and these spaces shall meet State requirements.
5. Above-grade, structured parking facilities shall have on all sides
architectural features that are compatible with the principal building(s)
with which they are associated.
Section
B. The Commission may, at its discretion, allow a minimal number of visitor
or handicapped parking spaces between 'the greenbelt and the front yard line.
Lighting Requirementq:
A. A site lighting plan shall be submitted along with the information on
architectural design, landscaping, parking, signage, and lighting, ("ADLS"). The
site lighting plan shall include the layout, spread and intensity of all site lighting,
including:
2.
3.
4.
5.
parking lot and service/storage area lighting;
architectural, display lighting;
security lighting;
lighting of pedestrian and bicycle ways;
landscape lighting.
B. All site lighting shall be coordinated throughout the project and be of
uniform design, color and materials.
C. The maximum height of light staudards shall not exceed twenty-five (25)
feet high. However, when light standards abut or fall within ninety (90) feet of a
residential district or use, they shall not exceed fifteefi (15) feet.
D. All site pole lights and wall mounted lights shall be low-level, 90° cutoff
luminaires and shall not spill over into adjoining properties in excess of 0.3
footcandles in commercial areas, and 0.1 footcandles in residential areas.
E. Exterior architectural, display, decorative and sign lighting visible to the
public from either U.S. Highway 31 or Keystone Avenue.
Section 10_~
[intentionally omitted]
Section
Other ADT.S Requirements.
Section 11.1. Outside Storage_ofRefu.qe or Merehandi.qe: No outside, unenclosed storage
of refuse (whether or not in containers) or merchandise (other than the merchandise
contained in an attached garden center) shall be permitted on any tract. The merchandise