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HomeMy WebLinkAboutApplication Donahue-Wold, Alexia K • From: Donahue-Wold, Alexia K Sent: Monday, April 16, 2012 4:54 PM To: Donahue-Wold, Alexia K; Boone, Rachel M.; Tingley, Connie S; Stewart, Lisa M; Hancock, Ramona B; Hollibaugh, Mike P; Conn, Angelina V; Keeling, Adrienne M; Littlejohn, David W; Mindham, Daren; Martin, Candy; Mishler, Nicholas F; Duncan, Gary R; Maki, Sue;Thomas, John G; Barnes, David R; Redden, Nick Cc: 'Timothy.Ochs @icemiller.com'; 'Perry, Nichole' Subject: RE: Docket No. Assignments: (V) Lowe's Home Center Store Carmel (12040007 V& 12040009 V) Please note,these variances will be heard at the BZA Hearing Officer meeting. Please see the updated information below. Thanks, Alexia Donahue Wold Planning Administrator Please consider the environment before printing this e-mail From: Donahue-Wold, Alexia K Sent: Monday, April 16, 2012 3:20 PM To: Boone, Rachel M.; Tingley, Connie S; Stewart, Lisa M; Hancock, Ramona B; Hollibaugh, Mike P; Conn, Angelina V; Keeling, Adrienne M; Littlejohn, David W; Mindham, Daren; Donahue-Wold, Alexia K; Martin, Candy; Mishler, Nicholas F; Duncan, Gary R; Maki, Sue; Thomas, John G; Barnes, David R; Redden, Nick Cc: 'Timothy.Ochs @icemiller.com'; 'Perry, Nichole' Subject: Docket No. Assignments: (V) Lowe's Home Center Store Carmel (12040007 V& 12040009 V) I have issued the necessary Docket Numbers for(V) Lowe's Home Center Store Carmel. They are the following: (V) Lowe's Home Center Store Carmel. The applicant seeks the following development standards variance approvals: Docket No. 12040007 V PUD Z-344 Section 7 Landscaping Requirements(reduction along 146th and US 31) Docket No. 12040009 V PUD Z-344 Section 11.3.A Signs,Single Tenant Buildings(to allow 100 sq.ft. wall sign) The site is located at 14598 Lowes Way. The site is zoned PUD/Planned Unit Development by Ordinance No. Z-344. Filed by Timothy Ochs, Ice Miller LLP. Tim can be contacted at(317)236-5952 or timothy.ochs @icemiller.com. Filing Fees: Variance Hearing Officer fee: $617.50 Additional Variance Hearing Officer fee: $ 308.00 Total Fee: $925.50 Filing Dates&Deadlines. Petitioner, please note the following: 1. This item does 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 May 18. 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 5:30 PM and the location reads City Hall Caucus Rms. It is suggested to send the notice to t dianapolis Star newspaper by Noon,two days prior to the printdeadline (317-444-7163 or email: publicno ices @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,Thursday, May 24,2012. 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, May 18,2012. 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, May 29,2012 agenda of the Board of Zoning Appeals Hearing Officer 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 y our instruction sheet for more details. 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 5:30 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@indvstar.com). 2. Please make checks payable to the City of Carmel. 3. Please provide filled out and notarized Placement of Public Notice Sign affidavit. 4. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form. 5. Provide the filled out Notice of the Public Hearing before the BZA form. 6. Please provide proof of notice from the Indy Star, once you receive it. 7. Please provide green signed return receipts from the certified mailings once you receive them. 8. Please provide a site plan showing the locations of the proposed sign and the existing signs. 9. Please provide a copy of the approved landscape plan and show which portions of the landscaping will be removed/will remain. Thank you, Alexia Donahue Wold Planning Administrator City of Carmel, DOCS One Civic Square Carmel, IN 46032 317.571.2417 awold @carmel.in.gov Please consider the environment before printing this e-mail 2 • i I `�i a CITY OF CARMEL-BOARD OF ZONING APPEALS �/ APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE I01 Pi? FEES: Single Family (Primary Residence) $291.90 for the first variance, plus$89.90 for ea�;dditi h11/201.7 i of the ordinance being varied.All Other$ 8750 for the first variance, plus$54G.40 tor e=c dditiooction'o 47i' the ordinance being varied. ,kt 1 n.00 Or, see Hearing Officer Fees. ii6S(0•oO 051 DOCKET NO. 104000-7 V 4 1,21., P°DATE RECEIVED: 9/a l a,©I� Z Y 1 ) Applicant : Lowe's Home Center, Inc. , c/o Timothy E . Ochs, Ice Miller, LLP Property Address : 14598 Lowes Way, Carmel , Indiana 46033 2) Project Name: Lowe's Home Center Store Carmel Phone: Engineer/Architect: Phone: Attorney:Timothy E. Ochs, Ice Miller LLP Phone:317-236-5952 Contact Person: Phone: Email: timothy.ochs a(�icemiller.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: N/A Owner's address: Phone: 5) Record of Ownership: Deed Book No./Instrument No. Instrument No. 20000036996 Page: Purchase date:July 29,2000 6 ) Common address of the property involved:14598 Lowes Way, Carmel, Indiana 46033 Legal description: See legal description attached hereto Tax Map Parcel No.: 16-10-19-00-00-001.004 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). 1. Petitioner requests a Variance of Development Standards of Section 7 of Ordinance No. Z-344 (146th Street and Keystone Avenue Planned Unit Development District) to allow for a no landscaping requirements along 146T" Street and reduced landscaping along US 31 2. Petitioner requests a Variance of Development Standards of Section 11.3 of Ordinance No. Z-344 (146th Street and Keystone Avenue Planned Unit Development District) to allow for a 100 square foot sign • • on the wall of the building. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled"Findings of Fact-Development Standards Variance"). The Variances are needed to permit no landscaping along 146th Street and reduced landscaping along US 31 solely as a result of the acquisition of additional right-of-way and an easement by the Indiana Department of Transportation and the City of Carmel along both US 31 and 146th Street. The real estate taken does not leave adequate room to comply with the requirements of the PUD Ordinance. The variance for the sign is needed to provide additional visibility as the US 31 project and the associated work along 146th Street will reduce the visibility of the prior signage. 9) Present zoning classification of the property: PUD 10) Size of lot/parcel in question: 17.51 acres 11) Present use of the property: home improvement center 12) Describe the proposed use of the property: No change in present use 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, instrument no., decision rendered and pertinent explanation. Ordinance No. Z-344 and Commitments recorded as Instrument No.200000036990, July 28, 2000 15) Has work for which this application is being filed already started: NO If answer is yes, give details: Building Permit Number: Builder: 14) If proposed appeal is granted, when will the work commence? Within three months. 15) If the proposed variance is granted,who will operate and/or use the proposed improvement for which this application has been filed? The owner, Lowe's Home Improvement, Inc.,will continue to own and operate. 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 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 that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. • • • CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE Docket No.: 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 variance will simply allow the continued operation of an existing home improvement center. The use of the subject real estate in the same manner as that which has existed for many years is not injurious to the public health, safety, morals and general welfare of the community. The reduction in landscaping and the addition of one sign will not impact public health, morals and welfare. 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 variance will simply allow the continued operation of an existing home improvement center, which has existed for many years in this location. Continuing the same use will have no substantial adverse impact on the use or value of the area adjacent as the same use will remain intact. Moreover, the surrounding area is commercial in nature, and the reduction in landscaping and the addition of a sign will have no impact on these adjacent commercial uses. 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 need for the variance arises solely from the taking of right-of-way along 146th Street and US 31 and the Indiana Department of Transportation's plans to make US 31 a limited access highway. As a result of the condemnation, inadequate room exists for the required landscaping. As a result of the US 31 project, the prior signage is inadequate for the existing store. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards 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 , 2012. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals . • EXHIBIT A Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the North Half of the Northwest Quarter of said Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on NAD 83 State Plane Coordinates - East Zone) along the North line of the said Northwest Quarter 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 feet to the South right of way line 146th Street; thence South 89.degrees 05 minutes 16 seconds West along the said South right of way line 190.03 feet to the Point of Beginning; thence continuing South 89 degrees 05 minutes 16 seconds West along said South right of way line 890.32 feet to the Easterly permanent right of way line for State Highway Number 431 per plans for Project S-165 (14) and further described in Condemnation proceedings in the Hamilton County Circuit/Superior Court Cause No. 61-626 (the next three courses are along said right of way); 1) thence South 71 degrees 30 minutes 51 seconds West 24.82 feet; 2) thence South 07 degrees 16 minutes 09 seconds East 71.80 feet to a non-tangent curve having a radius of 5624.60 feet, the radius point of which bears North 78 degrees 22 minutes 03 seconds East; 3) thence Southeasterly along said curve an arc distance of 914.16 feet to a point which bears South 69 degrees 03 minutes 19 seconds West from said radius point; thence North 90 degrees 00 minutes 00 seconds East 130.48 feet to a non-tangent curve hailing a radius of 270.00 feet, the radius point of which bears South 55 degrees 55 minutes 00 seconds East; thence Northeasterly along said curve an arc length of 365.41 feet 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 52.98 feet to the Northwest corner of Lot 29 in Danbury Estates, Section 1, as per plat thereof, recorded as Instrument No. 9429324 in Plat Cabinet No. 1, Slide No. 435 in the Office of the Recorder of Hamilton County, Indiana, thence continuing North 89 degrees 14 minutes 07 seconds East along the North line of said Lot 29, a distance of 139.23 feet; thence North 00 degrees 10 minutes 51 seconds East 867.51 feet to the point of beginning, containing 16.516 acres, more or less. AND ALSO, Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range 4 East, in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the said Northwest Quarter Section; thence South 89 degrees 05 minutes 16 seconds West (bearing based on NAD83 State Plane Coordinates - East Zone) along the North line of the said Northwest Quarter 783.77 feet; thence South 00 degrees 54 minutes 44 seconds East 75.46 feet to the South right of way line of 146th Street; thence South 89 degrees 05 minutes 16 seconds West along the said South right of way line 1487.00 feet to the Easterly permanent right of way line for State Highway Number 431 per plans for Project S-165 (14) and further described in Condemnation proceedings in the Hamilton County Circuit/Superior Court Cause No. 61-626 (the next three courses are along said right of way); 1) thence South 71 degrees 30 minutes 51 seconds West 24.82 feet; 2) thence South 07 degrees 16 minutes 09 seconds East 71.80 feet to the Point of Beginning, which lies on a non-tangent curve having a radius of 5624.60 feet, the radius point of which bears North 78 degrees 22 minutes 03 • seconds East; 3) thence Southeasterly along said curve an arc distance of 914.16 feet to a point which bears South 69 degrees 03 minutes 19 seconds West from said radius point; thence South 69 degrees 03 minutes 19 seconds West 47.00 feet to the Easterly line for Limited Access right of way per said plans and cause number and the point of curvature of a non-tangent curve having a radius of 5671.60 feet, the radius point of which bears North 66 degrees 06 minutes 18 seconds East; thence Northwesterly along said Easterly Limited Access right of way line and curve an arc distance of 921.80 feet to a point which bears South 78 degrees 22 minutes 03 seconds West from said radius point; thence North 78 degrees 22 minutes 03 seconds East 47.00 feet to the point of beginning, containing 0.990 acres, more or less. 1/2746820.1