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HomeMy WebLinkAboutApplications • Conn, Angelina V` From: Conn, Angelina V Sent: . Tuesday, December 13, 2011 2:28 PM 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; Misller; Nicholas F; Duncan, Gary R; Maki, Sue; 'GARY DOXTATER'; Thomas, John G; Barnes, David R; Redden, Nick Cc: 'Kilmer, Roger"A.'; 'joseph.scimia @bakerdcom';Jamie Browning; 'Terry Hebert' Subject: Docket No. Assignments: (V) Meridian & Main, Parcel 1(#11120012-13 V) I have issued the necessary Docket Numbers for(V) Meridian& Main, Parcel 1. They are the following: (V). Meridian&Main, Parcel 1. The applicant seeks the following development standards variance approvals: Docket No. 11120012,V ZO Chptr. 23B.08:03.A building must have 2 occupiable floors. Docket No. 11120013 V ZO Chptrs.27.08&23B.12.A.1 required'#parking spaces. The site is located at 1440 W. Main St. It is zoned B-6/Business and lies in the US 31/Meridian St. Overlay Zone. Filed by Joseph Scimia of Baker& Daniels LLP,for Meridian 131, LLC. James Browing can be contacted at 317-344-7328, and Joe can be contacted at 317-569-9600. Filing Fees: 1st Variance: $ 1,156.50 AdditionaliV,ariance:' $ 546.40 Total Fee: $ 1,702.90 Filing Dates& Deadlines. Petitioner, please note the following: 1. This iterndoes not need to be on a meeting agenda of the Technical Advisory Committee. 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 of Procedure,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 PublicHearings. 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 Boa'rd'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 referto your instruction sheet for more details. 1 f ! S 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: publicnotices@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 proposed building and parking area locations. 11. Please submit an overall site plan of the development for Meridian and Main I. 12. Please submit renderings of what the proposed buildings will look like. 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 I F: 317-571-2426 I E: aconn@carmel.in.gov W: www.carmeldocs.com Please consider the environment.before printing this e-mail • 2 67 8 910 CITY OF'•CARMEL BOARD.OF:ZONING APPEALS cv • APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE WV FEES: Single Family(Primary Residence) $291.90 for the first variance,-plus $89.90 for"oh, additin I g n of the ordinance being varied. All Other 1,1'56., 0 for he first variance;:plus $546.40 f 'rsreach`-11t ial • section of the ordinance being varied. Or;,see easing Officer Fees. 0-, ti DOCKET NO. k 111, 0KA V DATE RECEIVED: 0/6 ,p L 1)` 'Applicant: Meridian 131_, LLC Address: 610'0 W. 96•th Street, Suite 2.50, :Indianapoli , IN 4:6.278 2) Project Name: Meridian. & Main Phone: 317-344-7328 Engineer/Architect;. Cripe, Inc.: Phone: 317-844-6777 Attorney: Joseph M. Scimia., Baker & Daniels Phone: 317-569-4680 Contact Person:, . James W.: Browning Phone: 317-344-732:8 Email` Jbrowning @br:owning nv.corn 3) Applicant's Status: (Check the appropriate response) X (a)The applicant's name:is on thedeed 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: 20:0706n71 Page: Purchase date: October 2 2007 • address ofthe property involved:- 1440 Main Street West • 6) Common Lot. 1 of Meridian & Main as depicted on ,Exhibit ”-A" attached hereto, which Legal description; _i°s, part of the real estate described on Exhibit "B" attached hereto. O ' 17-'09' 26-02-01-001.001 17-,09 26-'00 00-004.001.; NA C). Tax:Map Parcel No. 17-09-26-02-01-004.001; 17-,09-26-0.0-00-005.101 7) State explanation of requested.:Development Standards Variance: (State what you want to do and cite the /�,�I section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request). t ,'J Q Petitioner requests a variance of development standards of- the US 3,1 Overlay District �. V 'to provide for the development of two (2) , 15;,000 sq:; ft, retail buildings with one occupiable floor per building, consistent with the Preliminary Conceptual Plan filed in connection with rezoning petition docket number 0702012Z. Section 2313,.08.03.A requires a minimum building height of 2:6'' and 2 occupiable stories;.. • 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question • sheet entitled"Findings of Fact'-Development Standards Variance"). Petitioner proposes the developement of two- (2''); one story,'buildings consistent with the ,'Preliminary Conceptual Plan for the property filed with rezoning petition docket number- 0702,012Z. ,9) , Present zoning classification of the property: B-6 / us. 31 overlay 10)' Size of lot/parcel in question: Approxiinate]y 3.36 acres 11!) Present°useofthe property: Vacant • 1.2) Describe the proposed use of the:property: Retail to be lease 1 ) Is the property: Owner occupied 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, instrument no decision.rendered and pertinent explanation. Rezoning petition docket number 0702012Z and commitments recorded as Instrument No. .200:704496;7,. 15)' - Has work forwhich 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?' .17) If the proposed'variance is granted, Who will operate and/or Use the proposed improvement for which this • application.has been filed? , . Meridian :131, LL`C; • NOTE: LEGAL,NOTICE,;shall be,published in the Indianapolis Stara,:MANDATORY twenty-five(25)days prior to the public hearing date. The certified'"Proof of.Publication"affidavit forthe:newspaper must be available for inspection the night Of the hearing. LEGAL NOTICE to all'ad_joining and;abutting,property owners Is also MANDATORY, two methods.of notice are recommended`. 1) CERTIF,LED 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 to 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 thatidocketnumbers will.not be assigned'until all supporting information has been ;submitted'to the Department of Comm,unit Services. Applicant Signature: -". - .�- Date:A/d/// The applicant certifies`• signing-this application that he/she s been advised`that:all representations of the Department5of 'Community Services.ar-adVisoryonly and that the applicant should rely on appropriate,subdivi§ion and zoning ordinance and/or the legal:adyice ofhis/her attorney: • • • • • , . 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. I;the undersigned,authorize the applicant•to act on my behalf with regard to this'application and subsequent hearings and testimony. Signed. G --- k`i roperty Owner, Attorney, or Po r of Attorney) Date `J 1.c5 ki &O PJIAJ 4 (Please Print) - STATE OF'INDIANA SS: County of CA4 _ . Before me the undersigned,a Notary Public (County in which notarization'takes place) • for 16C—lL-S County, State of Indiana, personally appeared (Notary Publics county°of residence)' • �ccnCLS L l `f( c L — and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or`Power of.Attorney) -n-k bi s(Yi r 20' \', day of Notary Public-=-Signature (SEAL), / N /1 ,Icy RI TINA L.,MYERS s Notary Public==Please Print v NOTARY PUBLIC , E SSAT OF NDIA 'A. eq my r'+�killsk1SION EXPIRES. b ' , °u4. .-.�- .- --��s��1 My commission expires: l— \c) -- (- ICP Page 6 of 11- filename.development standards variance 2011.doc rev.12/28/2010 I CARMELL/CLAY ADVISORY BOARD OF ZONING APPEALS • FINDINGS OF FACT 'DEVELOPMENT:STANDARDS VARIANCE Docket No.: Petitioner: ,Meridian 131,, LLC 1. The approval•Of this variance1will not be injurious-„to the public health, safety, morals and general welfare of the community because: The uses. proposed are not being changed from. permitted. B-6 / US 3a Overlay District uses, only theheght of the proposed buildings. • 2. • The useSnd value of the•area adjacent to the property-included in the variance will not be affected in a substantially adverse;manner,because: The use envisioned by this variance will :be consistent with those permitted in the S-6 / US 31 Overlay District and' rezoning petition docket number 070201`2Z. 3. The strict,application,of theterms;orthe Zoning Ordinance'to,the property.will result in practical difficulties in the • use ofthe property because: When the property was zoned, the proposed use was identified and zoning was approved for that use with •addi-tional commitments to regulate development. The terms of the zoning ordinance would not allow the, u'se and development of the real estate, as proposed at the time of zoning, without the requested variance. . DECISION IT IS THEREFORE the decision of the,Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No.. _ p y is granted) spubject to"any conditions stated in the minutes of this Board, which are incor orated herein by reference and made a art 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 back._Petitionerorsrepresen"tatiVe'to sign. Page 1.0 of 11- filename:de%elopmentstandardsvariance 2011 dec rev.1228/2010 • • 56789 • tip ` r° .,APA 411 9 CITY.OF CARMEL- BOARD OF ZONING APPEALS 4$0 C 9 APPLICATION FOR DEVELOPMENT STANDARDS VARIANC Ea 4/0' j • FEES: Single Family (Primary Residence) $291.90 for the first variance, plus $89:90 f• each>a�ditionalection o the ordinance being varied. All Other$1,156.50 for the:first variance, plu- '.546.40 •�eaeh•additional ,u section of the ordinance being�varied. Or, see Hearing Officer Fees. 6 8 L 9g ` ' DOCKET NO. ` , 1 et.. �v0 DATE RECEIVED: 1) Applicant: Meridian 131, LLC Address: 6100M. 96th Street, Suite 250, Indianapolis, IN 46278 Meridian & Main • 317-344-7328 2) Project Name: _ Phone: Engineer/Architect: Gripe, Inc. Phone: 317-844-6777 Attorney: Joseph M. Scimia-, Baker & Daniels Phone: 317-569-4680 Contact Person: James W. Browning Phone: 317-344-7328 Email:. jbrowning@browninginv-.com 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 theproperty involved: Owner's address: Phone: 5) Record of Ownership: 2007060171 Deed Book No./Instrument No. Page: Purchase date: October 2, 2007 1440 Main Street West 6) Common address of the property involved: Lot '1 of Meridian & Main as depicted on Exhibit "A" attached hereto, which is Legal description: part of the real estate described on Exhibit '!B" attached hereto. 17-09-26-02-01-001.001; 17-09-26-00-00-004..001; Tax Map Parcel No.: 17-09-26-02-01-004.001; 17-09-26-00-00-_005.101 • 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request).. Petitioner requests a variance of Development Standards of the US 31 Overlay District to provide for...parking:spaces to coincide with the development'-of two (2) 15,000 square foot buildings. Sect ion, 27.08 requires ,a minimum of' one '(I) space per 200 square feet of floor area or 150 total parking :spaces,. 5 0 cad) ark -3 `l_ 8) State reasons supporting the Development Standards-Variance: (Additionally, complete the.attached question • sheet entitled"Findings of Fact-Development Standards Variance")..• The site is burdened by a right-of-way taking by the Indiana Department of Transportation (INDOT) . 9) Present zoning classification of the property: s"6 US 31 Overlay Approximately 3.36 • 10) Size of lot/parcel in question: acres • 11) Present use of the property: Vacant 12) Describe the proposed Lite of the property: Retail 13) Is the property: Owner occupied Renter occupied to be leased 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, instrument no., decision rendered and pertinentexplanation. Rezoning petition docket number. 0702012Z and commitments' recorded as Instrument No. 2007044967. 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? 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Meridian 131, LLC 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 to 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 s hould 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 understandsthat docket numbers will not be assigned until all supporting information has been submitted to the Department of Corn a ity Services. L ; - / l ez/B//( Applicant Signature: �• /�f - � Date: !/ ! l The applicant certifies:b signing this application that he/she has been 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 the,legal advice of his/her attorney.- • .' 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.. I,the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. Signed` 1p-- Av f ( perty Owner, Attorney, or Powe f Attorney) Date James w itowft/n14 (Please Print) STATE OF INDIANA SS: County of _ )J (1 4 Before me the undersigned, a Notary Public (County in which notarization takes place) for \--\--4-n6 CAC_ County„State of Indiana, personally, appeared (Notary Public's county of residence), M 1'1 and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney)] day of 1M 2. , 20 1\ 15 R-kg}ti.) Notary Public--Signature (SEAL) \ no, `Y.l1 s�y...x .!fJlll.1lf✓1.l L_. L 1 KRISTINA,L..MYERS ti Notary Public--Please Print U NOTARY PUBLIC ry SEAL- g. STATE OF INDIANA S,MY COMMISSION EXPIRES k�J lf,/a,iJ:,/ll_/-�3i./]"/./111./✓.-/lJ'!'�J'/./ti My commission expires: 1 k^ \U • • Page 6 of 11- filename:development standards erance 2011..doc rev.12/28/2010 • • CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket No.: Meridian 131, LLC Petitioner: • 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The uses and square footage which are being proposed are not being changed from permitted B-6 / US 31 Overlay District uses, only the number of required parking spaces. 2. 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 use envisioned by this variance will be consistent with those permitted in the B-6 / US 31 Overlay District and rezoning petition docket number 0702012Z. 3. 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 property is burdened by a right-of-way taking by the Indiana Department of Transportation (INDOT) which restricts the amount of property available for the required amount of parking spaces. DECISION IT IS THEREFORE:the decision of the Carmel/Clay Board of Zoning Appeals that Development 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 back. Petitioner or representative to sign. Page 10 of 1.1r- filename:development standards variance 2011.doc rev.12282010 • CITY OF'CARMEL- BOARD OF ZONING APPEALS / APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE ~° , C°' r y , FEES Single:Family(Primary Residence) $297 for the first variance, plus $91,50 for each additional sepion of the r nof•f�e ordinance being varied. Or, see Hearing Officer Option& Fees. r - _ ordinance bein g varied. All Other'$1',.177 for the first-variance,. _lus,$ fo '-- ad ditional�e DOCKET NO rid 74 0 Q0 V DATE RECEIVED: 7-t�{ ` I 1) .Applicant: Meridian 131, LLC Address: 6100 W. 96th Street, Suite 250, Indianapolis, IN 46278 2) Project Name: Meridian. & Main Phone: 317-344-7328 . Engineer/Architect: Cripe, Inc. Phone: 317-844-6777 Attorney: Joseph Scimia, Faegre Baker Daniels Phone: 317-569-4680 Contact Person: James W..Browning - Phone: 317-344-7328 Email:'jbrowning(a�browningihv.com 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: 2007060171 Page:, Purchase date: October 2, 2007 6) Common address of the property involved: 1440 West Main.Str_eet, Carmel, IN Lot 1 of Meridian& Main as depicted on Exhibit"A"attached hereto, which is part of the Legal.description: real estate riescriheri on Fxhihit''R"attached hereto 17-09-26-02-61-001.001; 17-09-26-00-00-004.001; Tax Map Parcel No.: 17-09-26-00-00-005.002; 17-09-26-00-00=005.001 7) State explanation of requested Development Standards Variance: (State'.what you want to do and cite the ;section number(s).of'the.Carmel/Clay Zoning Ordinance that applies and/or creates the::need for this request). Applicant:requests a Variance of Development Standards of the US 31 Overlay District to provide for the development of a building:with 13,000;square feet of gross floor area. Sec. 23B.08.05 requires'a'minimum gross floor'area'of 15,000 square feet. 8) State reasonsFsupporting the Development.Standards Variance: (Additionally, complete the attached question . • sheet,entitled "Findings of Fact-Development:Standards'Variance"). To_provide•for the appropriate balance ,oiparking and building size,the number of par king spaces has:been increased which required,the footprint of`thebuilding to be reduced." 9) • Present zoning classification of the property: B-6&US 31 Overlay 10) Size of lot/parcel in question: Approximately 3.36. acres 11) Present use of the property: Vacant, 12) Describe the proposed use of the property: Retail To Be 13) Is the property: Owner occupied Renter occupied Leased 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, instrument no.,,decision rendered and pertinent explanation. Rezoning petition docket nurriber 0702012Z and commitments recorded as Instrument No. 2007044967. 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? . 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this • 'application has been filed? Meridian 131,LLC NOTE: LEGAL NOTICE shall be.published'in the 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'LRECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post,Office at least twenty-five(25) days prior to 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 numb ers'wiltnot-be,assigned`until all supporting_information has been submittedcto.the,Department of Conimunity Services. Applicant Signature: 1. /1 Date: . 3//.2 [[ The applicant certifies kzY Signing this application thaY�e/she has been,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 the legal advice of his/he •attorney. • • • 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. I,the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings,and testimony. • • Signed: �:� (7perty 0 w er, Attorney, or *owe 'of Attorney) Date • James W. Browning for Meridian 131, LLC (Please Print) STATE OF INDIANA' • SS: s County of : �_> ��- -���,,.. Before me the undersigned, a Notary Public (County in which notarization ta'-s place) for �' — County, State of Indiana, personally appeared (Notary Public's county of residence) and acknowledge the execution of the foregoing instrument this • (Property Owner, Attorney, or Power of Attorney) day of ' , 20 Notary,Public--Signature Y4 '� (SEAL'-) Notary •u•lic--Please'Print My commission expires: 2/(p/ • • Page:'6 - filename:development standards variance 2012.doc rev.12/28/2011 • • CARMEL/CLAY ADVISORY,BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT;DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana. 'Docket'No.: Petitioner: Meridian'131,'LLC 1,. • • • 2. • 3. • • 'DATED THIS :27th DAY OF February , 20 12 • Board Member Page.9 - filename:development standards variance 2012:doc rev.12/282011 • • • CARMEUCLAY ADVISORY BOARD.OF ZONINGAPPEALS . FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE Docket-No.: „Reduction of''Minimum Gross,.Floor Area Petitioner: .Meridian 131, LLC - '1'. The approval of this variance Will not be injurious to the public health, safety, morals and general welfare of the ;community because: The requested variance will permifia,building with a smaller footprint which will allow additional space to be utilized for parking needs • 2: The-use and value of the area adjacent to the property included in the:-variance will not be affected in asubstantially adverse manner because: The location of the requested v-ariance.is internal to the master-planned development of Meridian-& Main, therefore,the use and.value Of-adjacent properties will not'be adversely affected. - 3. 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: A building complying with the minimum required gross floor area:would result in a larger footprint reducing the area for the proposed parking., DECISION IT IS THEREFORE the decision of the'Carrnel/Clay Board of'.ZoningAppeals-that Development 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 27th day of February 20 12 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals, Conditions of the Board are listed on back. Petitioner or representative to sign. • • Page 10 - filename:development standards variance 2012.doc rev 12/28/2011 • LEGAL DESCRIPTION Parcel I: 17.020 Acre ParcelDescription - Part of the Northeast Quarter of Section 26,Township 18 North, Range 3 East in Hamilton County,Indiana, more particularly described as follows: Commencing at the Southwest corner of the Northeast Quarter of said Section 26;thence North 00 degrees 14 minutes°28;.seconds West(based on a survepby Pink Roberts&Petrie,Inc., Project No.03023)along the West line of said`Northeast Quarter`96.29 feet to the proposed North right of way of 131.Street and the POINT OF BEGINNING;thence continuing North 00 degrees 14 minutes 28 seconds West along said West line 616:06feet to the Southern Limited Access Right of Way of U.S. 31 and a non-tangent;curve to the right having a radius of 2146.83 feet,the radius point of which bears South 47 degrees 17 minutes 35 secondsEast,thence Northeasterly along said curve 141.44 feet to a point which bears North 19 degrees 29 minutes 55 seconds West from said.radius point,thence North 70 degrees 27 minutes 05 seconds East - 159.4'8 feet;thence.North 88-degrees 46minutes 11 seconds East 30.73 feet;thence South 00 degrees I I minutes 57 seconds East 780.64 feet;thence South 89 degrees 48 minutes 03 seconds West 609.68 feet;thence South44 degrees 07 minutes 42 seconds West 100.33 feet;thence South 01 degrees 16 minutes'57 seconds East 401.00 feet to•the proposed North right of way of st 131 Street(the following two courses are along said North right of way); 1)thence South 88 degrees 43 minutes 03 seconds West parallel with the South line of said Northeast Quarter 326.71 feet to a non-tangent curve to the-left havingla radius of 100.00'feet, the radius point of which bears South 44 degrees 17 minutes 23 seconds West;2)thence Northwesterly along said curve 52.15 feet to the POINT.OF BEGINNING,which point:.bearsNorth 14 degrees 24 minutes 45 seconds East from said radius'point,containing 17.020 acres,more or less. Parcel II: 4.066 Acre Parcel Description Part of the Northwest Quarter of Section Twenty-six(26) in Township_Eighteen(18)North, Range Three(3) East in Hamilton"County,Indiana,described as follows: Beginning:at the Southeast corner of the Northwest Quarter of said Section 26;thence North 00. degrees'22 minutes 50'seconds West(assumed bearing) along the east line thereof a distance of 712:35 feet to a:point on theeasterly limited access right of way line for U. Highway 31 (North Meridian.Street), said point being on a curve having a radius of 2146.83'feet,the radius point of which bears South 47 degrees 16.minutes 28 seconds East;thence southwesterly along the curve of said right of way line in aredistance of 765.78:feet to a point which bears North 67 degrees 42 minutes 40 seconds West from said eadius point;thence continuing,along said:right of way line South 54.degrees 45:minutes 59 seconds East a distance of 107.61 feet; thence South 01 degrees 30 minutes-53 seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07 seconds East:along the south line of said Northwest Quarter a distance of 325:87 feet to the Beginning Point;containing 4.066 acres, more or less. BDDBO1 5675351 vI Conn, Angelina V From: Conn, Angelina V Sent: Friday, February 10, 2012 2:53 PM To: 'Kilmer, Roger A.' Subject: RE: meridian and main I - variances I understand, and yes, I would be willing to interpret it that way. -Angie Conn, Planning Administrator From: Kilmer, Roger A. [ mailto: Roger. Kilmer@afaegrebd.com] Sent: Friday, February 10, 2012 2:52 PM To: Conn, Angelina V Subject: RE: meridian and main I - variances Angie, I understand your comment on the maximum first floor GFA requirement, but if Docket No. 11120012 V (the variance request for the buildings to have one occupiable floor rather than the required two) is approved and granted by the BZA, it must be presumed and understood that 100% of the GFA would be on the first floor. Where would the remaining GFA be located? With that, would a variance of 23B.08.05.B(2) still be required? Roger A. Kilmer Land Use Consultant roger.kilmer @FaegreBD com Direct: 1 317 569 4891 Cell: 1 317 985 6738 FaegreBD.com Download vCard FAEGRE BAKER DANIELS LLP 600 E. 96th Street Suite 600 Indianapolis, IN 46240, USA From: Conn, Angelina V [mailto:Aconn(acarmel.in.gov] Sent: Friday, February 10, 2012 2:32 PM To: Kilmer, Roger A. Subject: RE: meridian and main I - variances Thank you. -Angie Conn, Planning Administrator From: Kilmer, Roger A. [ mailto: Roger. Kilmer@faegrebd.com] Sent: Friday, February 10, 2012 2:32 PM To: Conn, Angelina V Subject: RE: meridian and main I - variances Angie, Thanks, and so you have it now — I've attached the latest site plan I have been provided. I'm not officially asking you to add this to the file yet as it may still be a "work in progress" while these additional items are being reviewed. 1 Conn, Angelina V From: Conn, Angelina V Sent: Monday, February 13, 2012 11.47 AM To: 'David Lach' Cc: Sherri Wilson, Jamie Browning, Hollibaugh, Mike P Subject: RE. Meridian & Main 1 Lot #1 Hi, David Since you still have a building along Main Street with this revised plan, I would say that it substantially conforms to the original DP, so you would not need to amend that DP. I would say that you only need to submit an ADLS application, which would also include the TAC review process. -Angie Conn, Planning Administrator From: David Lach [mailto:dlachCa�crioe.biz] Sent: Monday, February 13, 2012 10:34 AM To: Conn, Angelina V Cc: Sherri Wilson; Jamie Browning Subject: Meridian & Main I Lot #1 Angie Thank you for speaking with me this morning. Per our conversation, we will not need to have a Pre - submittal meeting for this project which will be submitted on Friday for ADLS, The attached site plan shows two buildings and parking. The plan is to only build the north building and associated parking at this time. We currently developing the final plan for a trash enclosure and electric generator and enclosure which is not on this version of the plan. The actual limits of construction will be finalized tomorrow in a design meeting. will await your response as to whether we need to file for an DP Amendment or if an ADLS application is enough to suffice. Also, I will ask Jamie about the possibility of a drive connection from the east right -in /right -out drive to the Church. It appears they may still have a drive to make that connection. I will need to field verify that. Please call me with any questions. Thank you for your help. David A, Lach, PE, LEED® AP Client Services Director Cripe Architects + Engineers 3939 Priority Way South Drive, Suite 400 Indianapolis, Indiana 46240 general office line: 317.844.6777 direct line and direct fax: 317 706.6361 cell phone: 317.997.6423 email: dlach @cripe.biz CITY OF CARMEL �A■jp., 130:11NAI:!). '01; LETTER of GRANT July 28, 2009 James Browning Meridian 131, LLC 6100 W. 96th Street Suite 250 Indianapolis, IN 46278 Re: Meridian & Main — 09050013 UV (�9 ©sc )k2- V Dear Mr. Browning: At the meeting held Monday, July 27, 2009, the Carmel Advisory Board of Zoning Appeals took the following action regarding the Use Variance (UV) filed by you for the property located at 1440 Main Street West. APPROVED: Docket No. 09050013 UV Use Variance for 100% GFA for retail, 15% permitted. If 1 can be of any further assistance, please do not hesitate to contact me at 317/571 -2417. Sincerely, Christine Barton - Holmes Planning & Zoning Administrator Department of Community Services DEPARTMENT OF COMMUNITY SERV4CPS ONE CIVIC SQUARE, CARMEL. iN 46032 PHONE 317.571.2417. FAX 3 S 7.57 1 .2426 MICHAEL P HOLLIBAUGH. DIRECTOR 0 0 0 0 . } f COMMITMENTS CONCE RNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with LC. 36 -7- 4-615, and Section 31.06.05 of the Carmel Zoning Ordinance, the O undersigned, being the Owner(s) of the real estate located in Hamilton County, Indiana, which is O described below, makes the following Commitments to the Common Council of the City of Carmel (the O "Council ") concerning the use and development of that parcel of Real Estate: 0 H. Description of Real Estate: 0 See Legal Description attached as Exhibit "A" (the "Real Estate "). O III. Ordinance Number / Plan Comrnissioa Docket Number: O Ordinance Number: Z- 505 -07 / Plan Commission Docket Number: 07020012 Z 0 ICI. Statement of Commitments: O 1. The total gross square feet of retail uses (as specified in Appendix A: Schedule of Uses of the O Carmel Zoning Ordinance) located on Lot 1 of the Real Estate as generally depicted on the O Preliminary Conceptual Plan attached as Exhibit "B" shall not exceed fifteen percent (15 %) of the O total gross floor area to be developed on the Real Estate per approved development plans. O IV. Binding on Successors & Assigns: 0 These Commitments shall be binding on the owner, subsequent owners of the real estate and other persons acquiring an interest therein. 0 O V. Effective Date: C) Commitments contained in this instrument shall be effective upon the adoption of Ordinance Number Z- 505 -07 (Plan Commission Docket Number: 07020012 Z) by the Council changing O the zoning classification of the real estate from a OM/SU & S -2 (US 31 Overlay) zoning classification to a B -6 (US 31 Overlay) zoning classification and shall continue in effect for as O long as the above - described parcel ofrcal estate remains zoned to the B -6 (US 31 Overlay) © zoning classification or until such other time as may be specified herein. 0 0 VI. Modification: These Commitments may be modified or terminated only= by.a decision made, by the Council at a public hearing after proper notice has been given in accordance with the Council's Rules of Procedures. VIM Enforcement: O These Commitments may be enforced by the Common Council of the City of Carmel. 0 Page I o1.5 2007044967 PIISC $19.00 08/08/2007 03;29:20P 5 PGS - O Jennifer J Hayden BDDBOI47T1868v1 HAMILTON County Recorder IN- - O Recorded as Presented 0 0 0 0 O VIII. Recording: 0 e 0 0 0 0 B 0 Print Title: irlf.P, Pr sidrnf - QiQud ni nj TAve.thmerl# s -t o the nalties for perjury, that I have 1 ken ie uaderl. penalties talceni+easonable, �l9 redact each Social Security number in this document, un ss required by law," 0 STATE OF INDIANA ) The undersigned hereby authorizes the Secretary of the Council to record these Commitments in the Office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance Number Z- 505 -07 (Plan Commission Docket Number: 07020012 Z) by the Council. IN WITNESS WHEREOF, owner has executed this instrument this J !An zs , 20 0'7 c7t day of O ) SS: O COUNTY OF HAMVSrLTON ) 0 0 0 0 0 0 0 O Notary Public tMPcP� <S/tel/ O Printed Name of Notary Public (name Before me, a Notary Public in and for said County and State, personally appeared Jmes (AT . £ rn&11 i �{ , the �l Presjde J of ({, rtl ni _LlI y4 -irn nkJ Eh , Owner of the real estate who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this 475- day of 5uy't. Ooiw re jna O My Commission expires: My County of residence: 0 0 0 0 0 0 0 BDD9OI 47 7S68v 1 Page 2 of 5 , 20 47 Jot/um,/ oTi, aol3 "., t 1