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HomeMy WebLinkAboutApplicationConn, Angelina V From: Conn,,Angelina V Sent: Tuesday, December 13, 2011 10:22 AM To: Boone, Rachel M.; Blanchard, Jim E; 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, Mishler, Nicholas F, Duncan, Gary R, Maki, Sue; 'GARY DOXTATER', Thomas, John G, Barnes, David R, Redden, Nick Cc: 'Blaine Paul' Subject: Docket No. Assignment: (SU) Hamilton Crossing West, Middle Star Center ( #11120006 SU) I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (SU) Hamilton Crossing West, Building 2 — Middle Star Center. It will be the3following: (SU) Hamilton Crossing West, Building2,— Middle.Star Center. The applicant seeks the following special use;approval: Docket No. 11120006 SU ZO Chptr..1602 Special Uses. The site is located at 12650 Hamilton Crossing Blvd. It is zoned B -5 /Business and lies with the US 31 Overlay Zone. Filed by Blaine Paul of Duke Realty. Blaine can be contacted at 317 - 808 -6609. Filing Fees: Total Fee: $ 912.00 Filing Dates & Deadlines. Petitioner. please note the following: 1. This Item will be on the JAN. 18, 2012 agenda of the Technical Advisory Committee. If not done so 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.carmel.in.gov/ Modules /ShowDocument.aspx ?documentlD =708 . (The TAC meeting agenda will be sent out 10 days prior to this meeting.) 2. Mailed and Published Public Notice needs to occur no later than DEC. 29. Published notice is required within the Indianapolis Star. Note: in addition to certified mailings to neighbors and public notice ad, the placement of a public hearing sign on the property is also required by the BZA Rules ofProcedure, Article VI, Section 6 (see application). Make sure the public notice meeting time to the newspaper and neighbors reads 6 PM and the location reads City Hall Council Chambers. It is suggested to send the notice:to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317 -444 -7163 or email: publicnotices @indystar.com). 3. The Proof of Public Notice (newspaper affidavit, green cards, etc.) will need to be received by this Department no later than noon, Friday, JAN. 20, 2012 Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON. Friday, JAN. 13, 2012. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition. 5. This Item will appear on the.TUESDAY, JAN. 24, 2012 agenda of the Board of Zoning Appeals Regular Meeting under Public Hearings. 6. The petitioner will need to,provide.a fully filled -out Findings-of-Fact sheet for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7. Either the Petitioner or someone representing the Petitioner must be present at the meetings for' the item to be heard. If no one appears; it will be tabled. 8. Please refer to your instruction sheet for more details. 1 Planning Department's Preliminary Review Comments; petitioner please,respond to:the following: 1. Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317- 444 -7163 or email: oublicnotices @indystar.com). 2. Please make checks payable to the, City of Carmel. 3. Please provide copies of your correspondence with the TAC members and their correspondence with you. 4. Provide a copy of the Official List of Adjacent Property Owners from Hamilton County Auditor's Office & from Indianapolis /Marion County. 5. Please provide filled out and notarized, Placement of Public Notice Sign affidavit. 6. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form. 7. Provide the filled out Notice of the' Public Hearing before the BZA form. 8. Please provide proof of notice from the. Indy Star. 9. Please provide green signed return receipts from the certified mailings. 10. Please submit a site plan, showing the building, parking areas, any new play areas, landscaped areas, etc. 11. Please provide the signage location and design details. 12. Please show bike parking location and bike rack details, per section 27.06 of the ordinance. 13. Please provide the number of employees,, number of students, hours of operation, and the schedule /programming for the use of the tenant space and any outdoor areas. Thank you, Angie Conn, Planning Administrator City of Carmel Planning & Zoning Division Dept. of Community Services 1 Civic Square, 3rd Flr. Carmel, IN 46032 0: 317 - 571 -2417 1 F: 317- 571 -2426 1 E: 'aconnpa carmel.in.gov W: www.carrneldocs.coni Please consider the environment before printing this e-mail 2 CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR'SPFr L USE /SPECIAL USE AMENDMENT Fee: 912:00 lus $121:20 per acre DOCKET NO I 1 Z 000(0 DATE RECEIVED' 1) Applicant: Duke RealtyLimited Partnership Address 600 E 96th Street, Suite 100, Indianapolis, IN 46240 2) Project Name Middle Star Special Use Engineer /Architect: n/a Attorney n/a Contact Person Phone & Fax Phone Phone Blaine Paul, Duke Realty Phone 317 -808 -6609 Email: Blaine Paul @dukerealty com Fax: 31.7- 808 -6797 3) Applicant's Status (Check the appropriate response) X (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property (c) Other. 4) If Item 3) (c) is checked, please complete the following Owner of the property involved: Owner's address Phone 5) Record of Ownership. Deed book No. /Instrument No Instrument No 95 -01297 Page Purchase Date 13 �O8 Common address of the property involved. i Legal description: see attached - or /Z6050 Hamilton Crossing Blvd , Carmel, IN 46032 Tax Map Parcel No . 16- 09- 26 -00 -00 -017 000 7) State explanation of requested Special Use Middle.Star,is an age appropriate program and environment :for older children, teens and young adults - AffpctPrl by aut'isrn Mlidelle Star learners rereive individualised therapelitir intervention that is hased on the fundamental principles ofapplied behavior analysis (ABA) }}�� / /� Z:rJ �f' l l �I/ 8) State :reasons.supporting.theSpecial Use (Additionally, complete the attached question sheet entitled "Findings of Fact - Special Use ") Little Star Center. Inc. already operates out of Hamilton Crossing I. just north of Hamilton Crossing II. The mission and use information for Middle Star is the, same as Little Star; with the exception that the programs are forolder children and young adults. Little Star Center was approved under petition #04020019 SU. Page.1 — filename: special use application 2011.doc rev. 12 /28/2010 '9) Present zoning of the property (give exact classification) B -5 ✓ U S / v W I ail 10) Present use of the property: The property is presently a comrtiercial office building for lease. 11) Size of lot /parcel in question: 4 761 acres 12) Describe the proposed use of the,property. The use of the property will be the, same, a commercial office building for lease. 13) Is the property' Owner occupied Renter occupied X 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. The special use referenced previously is associated with a different property. To my knowledge, no other past petitions are relevant. 15) Has work for which this application is being filed already started? If answer is yes, give details Building Permit Number n/a Builder n/a 16) If proposed special use is granted, when will the work Commence? Immediately 17) If the proposed special use is granted, who will operate and /or use the proposed improvement for which this application has been filed? Little Star Center, Inc. will.operatethe leased premises, Duke Realty will own /manage /maintain the facility. NOTE. LEGAL NOTICE shall be published,inthe Indianapolis.Star a. MANDATORY twenty -five (25) days prior to the public hearing date_ The certified "Proof of Publication” affidavit for the newspaper must be available for inspection the night of the hearing LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post'Office at least twenty -five (25) days prior t� the public hearing date ) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed) REALIZE THE,BURDEN OF PROOF' FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Com_ munit 'Ser-s. Applicant Signature: _ Date t Z/O 7l 2011 The applicant certifies'by signing this, application that he /she has .een advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and /or thelegal advice of his /her attorney Page 2'- filename: special use application 2011.doc rev. 12/28/2010 Hamilton Crossing 11 12650 Hamilton Crossing Blvd. Legal Description A part of the Southwest Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the northwest corner of said quarter section; thence North 88 degrees 42 minutes 47 seconds East 710.01 feet along the north line of said quarter section; thence South 00 degrees 25 minutes 34 seconds East 1,166.50 feet; thence Southerly 89.80 feet along an arc to the left and having a radius of 600n, 00 feet and subtended by a long chord having a bearing of South 04 degrees 34 minutes 14 seconds East and a length of 86.73 feet to the southern boundary line of a tract of land granted to Duke Realty Limited Partnership in Instrument #200300026880 in the Office of the Recorder of Hamilton County, Indiana, said point also being the POINT OF BEGINNING of this description; thence North 89 degrees 34 minutes 26 seconds East 541.73 feet along said southern boundary line to the western line of a Grant of Right -of -Way to the City of Carmel, Indiana in Instrument #200300042401 in said Office of the Recorder; the next three (3) courses are along said western line; (I) thence South 00 degrees 25 minutes 34 seconds East 225.00 feet; (2) thence southwesterly 3 55.8 3 feet along an arc to the right and having a radius of 405.00 feet and subtended by a long chord having a bearing of South 24 degrees 44 minutes 36 seconds West and a length of 344.49 feet; (3) thence South 49 degrees 54 minutes 47 seconds West 40.98 feet to the northern line of Parcel 14B recorded in Instrument #20060006641 7 in said Office of the Recorder; thence northwesterly 47.38 feet along an arc to the right and having a radius of 849.24 feet and subtended by a long chord having a bearing of North 50 degrees 17 minutes 05 seconds West 47.37 feet to the eastern line of a dedication of public right of way in Instrument #8826758 in said Office of the Recorder; the next two (2) courses are along said eastern line: (I) thence North 40 degrees 05 minutes 34 seconds West 306.39 feet; (2) thence northwesterly 299.27 feet along an arc to the right and having a radius of 600.00 feet and subtended by a long chord having a bearing of North 25 degrees 48 minutes 14 seconds West 296.17 feet to the southeast corner of a grant of right of way to the City of Carmel in Instrument #200300042401 in said Office of the Recorder; thence northwesterly 29.37 feet along an arc to the right having a radius of 600.00 feet and subtended by a long chord having a bearing of North 10 degrees 06 minutes 45 seconds West and a length of 29.37 feet to the Point of Beginning, containing 4.761 acres more or less. AFFIDAVIT I, hereby swear that I am the owner/contract purchaser of 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. 1, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. STATE OF INDIANA County of for Signed: (Property Owner, Property Owner's Attorney or Property Owner's Power of Attorney) 12/07/11 (Date) Printed Name: Mark E. Hosfeld, Vice President, Indiana Leasing (Please Print) SS: County in which notarization takes place) Nota Public's county of residence) (Property Owner, Attorney, or Power of Attorney) this day of (SEAL) Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument Notary Public--Signature (SEAL) Notary Public--Please Print My commission expir Page 6 — filename 5 pedal use appItcation 2011.doc rev 12/2812010 Docket No.: Petitioner: CARM ELICLAY BOARD OF ZONING APPEALS FINDINGS OF FACT - SPECIAL USE Duke Realty Limited Partnership 1. The premises in question is particularly physically suitable for the proposed Special Use because: It is immediately adjacent to existing operations for the tenant, Little Star Center, Inc. 2. The Special Use will not injuriously or adversely affect economic factors, such as cost/benefit to the community and its anticipated effect on surrounding property values because: The mission and activities proposed in the Middle Star space closely match the mission and activities being implemented in the Little Star space. There have been no adverse impacts. 3. The Special Use will be consistent with social /neighborhood factors, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity because: The proposed use is compatible with adiacent uses and will have no negative impact on the integrity of the surrounding neighborhood. The use will provide a vital service to autistic children and their families. 4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm drainage facilities and police and fire protection because: All referenced infrastructure is already in place and has been sized tp accommpdate the space proposed for lease to Middle Star Center. 5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed because: ■ - S E _ ■ ■ G I building. • ■ - ■ ■ _ ■ ■ 1 ■ • ■ i A■ ■■ ■ 1 DECISION Yes No: The Board has reviewed the requirements of Ordinance Z -160, Section 21.03 (1 -26) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use. IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket Number 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). Page 10 — filename special use application 2011.doc rev 12/2812010