HomeMy WebLinkAboutPacket (BALLOT SHEET) FINDINGS OF FACT -SPECIAL USE tY ., a
CARMEL/CLAY BOARD OF ZONING APPEALS > ;" (31,9
(Petitioner only fills out first 2 blanks) =
Docket No • 12120001SU
Petitioner BHB Investment Holdings Carmel, LLC (d/b/a Goldfish Swim School)
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.DATED THIS DAY OF , 20
Board Member
Page 9— filename:special use application 2012.doc rev.12282011
FINDINGS OF FACT -SPECIAL USE
CARMEUCLAY BOARD OF ZONING APPEALS
(Petitioner to fill out 1-5)
Docket No.: 1212 0 0 01 SU
Petitioner: BHB Investment Holdings Carmel, LLC (d/b/a Goldfish Swim School)
1. The premises in question is particularly physically suitable for the proposed Special Use because:
Its ease of ingress, egress and accessibility to major surrounding
thoroughfares; proximity to target audience; and parking.
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:
Applicant ' s use is consistent with and complimentary to both the shopping
center' s existing tenants and neighbors.
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-
Applicant ' s use is consistent with the B8 Commercial zoning classification
and benefits the community in providing an instructional service in
4.
TOgrrelfiP&Pwl#n3t-liAGricallThlactMelOafaaVerladequacy and availability of water, sewage and storm
drainage facilities and police and fire protection because-
The necessary infrastructure and life safety services are in-place and
currently serving the property.
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-
Public roadways, lighting, landscaping, sidewalks, etc. are in-place and
currently serving the property.
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 BHB Investment Holdings Carmel,LLC
Robert D.Wineman
Conditions of the Board are listed on the back; (Petitioner or his representative to sign)
Page 10— filename:special use application 2012.doc rev.12/28/2011
CITY OF CARMEL- BOARD OF ZONING APPEALS
APPLICATION FOR SPECIAL USE/SPECIAL USE AMENDMENT
Fee: $928 plus$123 per acre
DOCKET NO DATE RECEIVED-
1) Applicant: BNB Investment Holdings Carmel, LLC (d/b/a Goldfish Swim School)
Address. 28400 Northwestern Highway, Suite 130, Southfield, MI 48034
2) Project Name. Merchants Square Phone&Fax:
Engineer/Architect: Phone:
Attorney: Phone.
Contact Person: Robert D. Wineman Phone: 248 . 350 . 9090
Email: rwineman@comc as t .net Fax: 248 .352 . 6841
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 Tenant
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Merchants 450 LLC
Owner's address: 31500 Northwestern Highway, Suite 300 Phone. 248 .350 . 9900
Farmington Hills, MI 48334
5) Record of Ownership.
Deed book No./Instrument No.
Page: Purchase Date:
6) Common address of the property involved: 271 Merchants Drive, Suite A-110
Legal description: Please see attached.
Tax Map Parcel ID No.: 16-10-31-00-00-016 . 025
7) State explanation of requested Special Use Special use approval pursuant section
19 . 02 of the zoning ordinance and the property' s B8 Commercial
zoning classification.
8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled"Findings of
Fact-Special Use").
Please see attached.
Page 1— filename:special use application 2012.doc rev.12/28/2011
9) Present zoning of the property(give exact classification). B8 Commercial
10) Present use of the property: 26, 000 SF Retail Shopping Center
11) Size of lot/parcel in question: Approximately 4 acres
12) Describe the proposed use of the property: Ope rat ion of an 8,200 SF Goldfish Swim
School (32% of total shopping center) .
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.
None.
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 special use is granted, when will the work Commence?
January 2, 2013 .
17) If the proposed special use is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Applicant .
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 Communit Services.
BH: 1), vestment Holdings Carmel, LLC
Applicant Signature: Date: Dec . 4, 2012
,•b:-` t D. Wineman, Authorized Representative
The applicant certifies by signi • this application that he/she has been advised than 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.
Page 2- filename:special use application 2012.doc rev.12/282011
Goldfish Swim School Carmel Application for Special Use Approval -Addendum
8). Applicant is excited about the opportunity to open its first Indianapolis Goldfish Swim
School location within the City of Carmel. It currently operates two Goldfish Swim Schools in
Michigan, one in Farmington Hills (opened in fall 2009) and the other in Rochester (opened in
spring 2012). The original Goldfish Swim School (corporate owned and operated) opened in
Birmingham in March of 2006. Currently, there are 5 additional locations being operated by
other franchisees in Michigan (3), Illinois (1) and Ohio (1). The operation's focus is providing
specialized swim instruction to infants and toddlers (ages 4 months to 5+ years). Classes are
conducted in groups of 4 students per class with semi-private and private lessons available. Each
class is administered by 1 instructor(the student to instructor ratio is no more than 4:1) and lasts
for 30 minutes. Approximately 10 classes can be in-session at one time. There are at least 3 life
guards on-duty any time individuals are in the water. All life guards are Red Cross and CPR
certified individuals who complete rigorous training and re-certification on an annual basis.
Applicant is a member of the United States Swim School Association and an active participant in
the Safer3 Swim Program. Subject to receipt of the necessary municipal approvals, Applicant
anticipates commencing construction in late December 2012 and opening for business to the
general public in late March 2013.
Applicant anticipates employing approximately 25 individuals to work at this location. At peak
capacity, there will be approximately 76 individuals (32 students and 8 instructors in the water;
16 students in the facility awaiting the next session; 4 staff; 16 parents/spectators) utilizing the
facility. The facility's hours of operation are Monday through Friday from 9 am to 1 pm and 4
pm to 8 pm; Saturday from 8:30 am to 7:30 pm; and Sunday from 11:30 am to 6:30 pm. Peak
hours of operation generally occur on weekday evenings from 4 pm to 8 pm and from 8:30 am to
2 pm on Saturdays.
With regard to Applicant's request for special use approval, Applicant believes its proposed use
of the property is: (i) consistent with the City of Cannel's current zoning ordinance and
governing regulations related to the B-8 zoning classification and (ii) harmonious, compatible
and complimentary to its neighboring tenants within the shopping center and, as such should
receive favorable consideration.
Goldfish,Carmel-Special Use Request