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HomeMy WebLinkAboutApplication: Use Variance Donahue=Wold, Alexia K • . From : Donahue:Wold, Alexia K Sent: Wednesday, December 19, 2012 5:42 PM To: Barnes, David R; Blanchard, Jim E; Boone, Rachel M.; Conn, Angelina V; Donahue-Wold, Alexia K; Duncan, Gary R; Foley, Amanda J; Hancock, Ramona:B; Hollibaugh, Mike P;.John Molitor; Keeling, Adrienne M;Littlejohn, David W; Lux, Pamela K; Maki, Sue; Martin,'Candy; Mindham, Daren; Mishier, Nicholas F;Redden, Nick; Stewart, Lisa M; Thomas, John G; Tingley, Connie S Worthley, Matthew D Cc: 'JBrowning@browninginv.com;'Pohlman,Jesse M.' Subject: Docket No.>Assignment: (UV& DSV) Meridian:& Main, Lot 2 (#12120004 UV& 12120005 DSV) I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for(UV& DSV) Meridian& Main Lot 2. They will be the following: Meridian& Main, Lot 2 The applicant seeks the following Use Variance and Development Standards Variance approval to allow a one story retail/service use to comprise 100%of the gross floor area of the building: Docket No. 12120004 UV ZO Ch. 23B.05.02 Retail and service uses max 15%of GFA, 100% requested Docket,`No. 12120005 DSV ZO Ch. 2313.08.03(A)(1) Min. Bldg Height: 38 feet and 3 floors, 1 floor requested The site is located at the Northeast corner of Main Street and US 31. It is zoned B-6/Business within the US 31 Overlay Zone. Filed by James Browning on behalf.of Meridian 131, LLC. ' Mr. Browning can be contacted at 317-344-7328 or jbrowninq(Jbrowninginv.com. Filing Fees: $1544.00 Use Variance Fee $369.00 Plus$123/acre (on 3 acres) $1177.00 Development Standards Variance.Fee Total.Fee: $3,090.00 Petitioner, please note the following: 1. This Item will be on the January 16, 2013 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?documentid=2818 (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 January 3,2013. Published notice is required within the Noblesville Times. Get the public°notice ad to the Times by 11:00a.m., two days prior to the public notice deadline,in order for them to publish it on time(765-365-2316 or legals @thetimes24-7.com). Note: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. 3. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON. Friday,January 18; 2013. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition. 4. The Proof of Notice will need to be received by this Department no later than noon,Thursday,January 24, 2013. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. This Item will appear on the Tuesday, January 29, 2013 agenda of the Board of Zoning Appeals Regular Meeting under Public Hearings. 1 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 10 of the application). On Ballot sheets,only fill out docket number, petitioner, and date (Sheet 9). 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. Department's Preliminary Review Comments; petitioner, please complete the following: a) Please make checks payable to the City of Carmel. b) Please provide filled out and notarized placement of public notice sign affidavit once you install the sign (sheet 5 of the application.) c) Please provide proof of notice from the Noblesville Times once you receive it. d) Please provide green signed return receipts from the certified mailings once you receive them. e) Additional review comments may be issued from the Planning/Zoning Department soon. 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 CARMEL BOARD OF ZONING APPEALS USE VARIANCE APPLICATION FEE: $1,544 plus $123 per acre DOCKET NO. DATE RECEIVED: 1) Applicant: Meridian 131 LLC Address: 6100 W 96th St, Suite 350, Indianapolis, IN 46278 2) Project Name: Meridian & Main Phone: (317) 344 -7328 Engineer /Architect: Cripe, Inc. Phone: (317) 844-6777 Attorney: Joseph M. Scimia, Faegre Baker Daniels LLP Phone: (317) 569 -9600 Contact Person: James W. Browning Phone: (317) 344 -7328 Email: jbrowning @browninginv.com Fax: 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. 2008035514 Page: Purchase date: July 7, 2008 6) Common address of the subject property: 0 US 31 N, Carmel, IN 46032 (NEC Main St & US 31) Legal description: see attached Tax Map Parcel No.: 16 09 26 00 00 001.001 7) State explanation of requested Use 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 appeal). Chapter 23B.05.02. Variance request is to allow a Retail and Service Use (Financial Institution) to comprise up to 100% of the Gross Floor Area (GFA) for any building located on the subject property. 8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact -Use Variance "). Reduction in the size and shape of the property as a result of right -of -way taken by the State for the US 31 improvements prohibit the remaining parcel from being developed as originally intended and otherwise complying with the applicable ordinances. 9) Present zoning classification of the property: B-6/ Business District; U.S. Hwy 31 Corridor Overlay Zone Page 1 — filename: use variance application 2012.doc rev. 12/28/2011 10) Present use of the property: vacant 11) Size of lot/parcel in question: 3.05 acres +/- acres 12) Describe the proposed use of the property: financial institution 13) Is the property: Owner occupied ; Renter occupied ; Other: 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection withtlrs 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. Rezoned pursuant to Ordinance No. Z- 505 -07 (docket no. 07020012 1). 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? To be determined. 17) If the proposed appeal 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 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) BAND 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 Servic Applicant Signature Date: /Z ' /3'/ z- The applicant certifies by 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. Page 2 — filename: use variance application 2012.doc rev. 12282011 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. STATE OF INDIANA SS: Signed: The undersigned, having been duly sworn upon oath says and believes. County of y Owner, Atlorney, or Pow f Attorney ciign e G W 12 to ffeJ (Please Print) hat the above information is true and correct and he is informed nature of Petitioner) (County in which notarization takes place) (Notary Public's county of residence) n (l (Property Owner, Attorney, or Power of Attorney) c7.5\-1C day of (day) (month) KRISTINA L. MYERS ti NOTARY PUBLIC STATE OF INDIANA ti MY COMMISSION EXPIRES _I -10' (' ti ✓Y^r .t_ . ✓✓SAY" l Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this , 20 1 (year) Notary Public -- Signature �(1t� L. Oct(�3 Notary Public -- Please Print My commission expires: \ HO' Page 6 — filename: use variance application 2012.Eoc rev. 12282011 NARRATIVE Meridian 131, LLC ( "Meridian 131") respectfully requests two (2) variances for Lot 2 of its Meridian and Main development, located on the northeast corner of US 31 and Main Street (see enclosed exhibits) to allow for a one -story financial institution. In 2007, the property was rezoned to the B -6 /Business District, subject to the City's US 31 Overlay zone (the "Overlay "). The Overlay provides that: • Retail and Services Uses may comprise up to fifteen percent (15 %) of the Gross Floor Area (GFA) of any building (Chapter 23B.05.02(A); and • All uses shall have a minimum building height of thirty -eight (38) feet and three (3) occupiable floors (Chapter 23B.08.03(A)(1). In cooperation with the City, Meridian 131 obtained the approximate 3.58 -acre parcel from the City in 2008 after its rezoning. This past year, the parcel was reduced in size to approximately 3 acres as a result of additional right -of -way being taken by the State for the US 31 improvements. As a result of this taking, the property can no longer be developed as originally intended when it was rezoned; nor can it be developed in accordance with the Overlay. In addition to a now smaller parcel, other factors that further constrain the development of the site and create a hardship include: • The construction of an underground detention facility located along the south end of the property (as shown on the enclosed "Proposed Improvements" exhibit) which is required as part of the redesigned drainage to accommodate the right -of -way improvements and the site's drainage; • The existence of a telecommunication's easement that runs north and south along the eastern edge of the site (as shown on the enclosed "Proposed Improvements" exhibit); and • The site's elevation will be approximately fifteen (15) feet lower than US 31, as currently planned. This elevation differential creates market challenges for uses that might otherwise be contemplated or desirable for this parcel. In summary, these factors collectively prohibit Meridian 131 from developing the property in accordance with the Overlay. As such, Meridian 131 has identified that a one -story financial institution is a viable alternative that would allow for the productive use of the property while providing a use and design that would positively contribute to the character and economic viability of the surrounding developments. Two (2) variances are needed that would allow for the one -story financial institution and they include allowing one hundred percent (100 %) of the proposed building's gross floor area to be a "retail and service use" (limited to a financial institution) and allowing for a building with one occupiable floor. The site would otherwise comply with the B- 6/Business District and Overlay's other development and design standards. Thank you for your consideration. DMS US 51236522v1 LEGAL DESCRIPTION MERIDIAN & MAIN — LOT 2 The real estate is more particularly described by survey certified December 17, 2007, by Eric C. White, Indiana Registered Land Surveyor, Cripe Project Number 060384- 30300, as follows: Part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 09 minutes 11 seconds West (assumed bearing) along the East line of said Northwest Quarter 116.84 feet to the Point of Beginning; thence continuing North 00 degrees 09 minutes 11 seconds West along said East line 596.06 feet to the Eastern Limited Access Right of Way of U.S. 31 per state highway plans, Project No. ST -F- 222(9) and a non - tangent curve to the left having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 02 minutes 47 seconds East (the following two calls are along said Eastern Limited Access Right of Way; 1) thence Southwesterly along said curve 766.23 feet to a point which bears North 67 degrees 29 minutes 45 seconds West from said radius point; 2) thence South 54 degrees 32 minutes 19 seconds East 10.05 feet to the proposed North right of way of 131St Street (the following two courses are along said proposed North right of way); 1) thence North 88 degrees 42 minutes 47 seconds East parallel with the South line of said Northwest Quarter 285.21 feet to a non - tangent curve to the right having a radius of 120.00 feet, the radius point of which bears South 52 degrees 37 minutes 45 seconds East; thence Northeasterly and Easterly along said curve 135.39 feet to the Point of Beginning, which point bears North 12 degrees 00 minutes 59 seconds East from said radius point, containing 3.361 acres, more or less. DULY ENTERED FOR TAXATION c Subject to find acceptance for transfer day of_ ,� ,202. 71"u,Y77. i tdv Auditor of Hamilton County Parcel # nc i 2008035514 WARR DEED $24.00 07/08/2008 10:24:00A 5 P65 Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented LIMITED WARRANTY DEED (Tax Parcel No. 16- 09- 26- 00 -00- 001.001) THIS INDENTURE WITNESSETH, That THE CITY OF CARMEL, INDIANA ( "Grantor "), BARGAINS, SELLS AND CONVEYS to MERIDIAN 131, LLC, an Indiana limited liability company ( "Grantee "), for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following described real estate in Hamilton County, Indiana, as more specifically described on Exhibit A attached hereto and incorporated herein by reference (the "Real Estate "), subject only to those matters more specifically described on Exhibit B, which is attached hereto and incorporated herein by reference. The warranty of title by Grantor is limited to a warranty against the acts of Grantor and those claiming by, through or under Grantor during or in respect of Grantor's period of ownership of the Real Estate and not otherwise. The undersigned person executing this Limited Warranty Deed on behalf of Grantor represents and certifies that he has been fully empowered to execute and deliver this Limited Warranty Deed, that Grantor has full capacity to convey its interest in the Real Estate, and that all necessary action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, Grantor has caused this Deed to be executed this 14th day of March, 2008. 1034311_1.DOC THE CITY OF CARMEL, INDIANA By: 4 Steve Engelking, Authorized A:ent and Director of Administration, City of Carmel STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State personally appeared Steve Engelking, by me known and by me known to be an Authorized Agent and Director of Administration for The City of Carmel, Indiana, and acknowledged the execution of the foregoing Limited Warranty Deed for and on behalf of The City of Carmel, Indiana. WITNESS my hand and Notarial Seal this 14th day of March, 2008. Commission Expires: My C unty of Re 'd nce: N s tary Public l'u aroklo Printed Sigrfature I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Tammy K. Haney This instrument prepared by: Tammy K. Haney, Attorney at Law, Bose McKinney & Evans LLP, 301 Pennsylvania Parkway, Suite 300, Indianapolis, Indiana 46280. Grantee's mailing address is and send tax statements to: Meridian 131, LLC, 6100 W. 96th Street, Suite 250, Indianapolis, Indiana 46278. 1034311_1.DOC File No.: 2071535 EXHIBIT A 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 the easterly limited access right of way line for U.S. 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 25 seconds East thence southwesterly along the curve of said right of way line an arc distance of 765.78 feet to a point which bears North 67 degrees 42 minutes 40 seconds West from said radius 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. Less the following described Right -of -Way Parcel: Part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: BEGINNING at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 09 minutes 11 seconds West (assumed bearing) along the East line of said Northwest Quarter 116.84 feet to a non - tangent curve to the left having a radius of 120.00 feet, the radius point of which bears South 12 degrees 00 minutes 59 seconds West; thence Westerly and Southwesterly along said curve 135.39 feet to a point which bears North 52 degrees 37 minutes 45 seconds West from said radius point; thence South 88 degrees 42 minutes 47 seconds West parallel with the South line of said Northwest Quarter 285.21 feet to the Eastern Limited Access Right of Way of U.S. 31 per state highway plans, Project No. ST -F- 222(9); thence South 54 degrees 32 minutes 19 seconds East along said Eastern Limited Access Right of Way 97.78 feet thence South 01 degrees 17 minutes 13 seconds East 16.50 feet to the South line of said Northwest Quarter; thence North 88 degrees 42 minutes 47 seconds East along said South line 325.87 feet to the Point of Beginning, containing 0.710 acres, more or less. The above real estate is now more particularly described by survey certified December 17, 2007, by Enc C. White, Indiana Registered Land Surveyor, Cripe Project Number 060384 - 30300, as follows: Part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 09 minutes 11 seconds West (assumed bearing) along the East line of said Northwest Quarter 116.84 feet to the Point of Beginning; thence continuing North 00 degrees 09 minutes 11 seconds West along said East line 596.06 feet to the Eastern Limited Access Right of Way of U.S. 31 per state highway plans, Project No. ST -F- 222(9) and a non - tangent curve to the left having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 02 minutes 47 seconds East (the following two calls are along said Eastern Limited Access Right of Way; 1) thence Southwesterly along said curve 766.23 feet to a point which bears North 67 degrees 29 minutes 45 seconds West from said radius point; 2) thence South 54 degrees 32 minutes 19 seconds East 10.05 feet to the proposed North right of way of 131st Street (the following two courses are along said proposed North nght of way); 1) thence North 88 degrees 42 minutes 47 seconds East parallel with the South line of said Northwest Quarter 285.21 feet to a non - tangent curve to the right having a radius of 120.00 feet, the radius point of which bears South 52 degrees 37 minutes 45 seconds East; thence Northeasterly and Easterly along said curve 135.39 feet to the Point of Beginning, which point bears North 12 degrees 00 minutes 59 seconds East from said radius point, containing 3.361 acres, more or less. EXHIBIT B 1. Real estate taxes and assessments not yet delinquent. 2 Easements for drainage ditches and tile drains. 3. Permanent extinguishment of all rights and easements of ingress and egress to, from and across the limited access facility (known as US 31) to and from the land as set out in an order in Hamilton Circuit Court as Cause No. C -71 -247. 4 Easement in favor of Indiana Bell Telephone Company, Incorporated, set out in Agreed Judgment filed in Hamilton Superior Court Cause No. 1575 -455 recorded June 16, 1981 in Miscellaneous Record 165, Page 489. 5. Assessments for J.R. Collins #1 Legal Drain. 1034311_1.DOC Docket No.: Petitioner: CARMEL /CLAY BOARD OF ZONING APPEALS FINDINGS OF FACT for USE VARIANCE Meridian 131, LLC 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: the proposed use is contemplated and permitted by the zoning district; however, due to additional right -of -way taken by the State, the real estate may no longer be developed as originally intended. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: All uses proposed for the real estate are uses permitted under the current zoning. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The proposed use is contemplated and permitted by the applicable zoning district. 4. The need for the variance arises from a natural condition peculiar to the subject property because: Subsequent to the rezoning of the property, the State has taken additional right -of -way to accommodate the US 31 improvements, resulting in a parcel that can no longer be developed in accordance with the applicable ordinances. 5. The granting of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan because: The proposed use is contemplated and permitted by the current zoning district and consistent with the Comprehensive Plan as the only deviation is the mix of uses within the proposed building. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Use 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 the back. Page 10 — filename: use variance application 2012.doc rev. 12/28/2011 CARMEL /CLAY BOARD OF ZONING APPEALS BALLOT SHEET for FINDINGS OF FACT - USE VARIANCE DAY OF ,20 Board Member Page 9 — filename: use variance application 2012.doc rev. 12/28/2011 INDIANAPOLIS, IN 46219 OWNER'S REPRESENTATION 6100 W. 96TH STREET GIS E-Mail cripe@cripe.biz MERIDIAN 131, LLC. LAND SURVEYING R (317) 844-6777 FAX (317) 706-6464 LAND PLANNING INDIANAPOLIS, INDIANA 46240 CIVIL / TRANSPORTATION ENGINEERS LOT 2, MERIDIAN & MAIN INTERIOR DESIGN 3939 PRIORITY WAY SOUTH DRIVE, SUITE 400 EQUIPMENT PLANNING DescriptionDateMark ARCHITECTUREARCHITECTURE EXISTING CONDITIONS Revisions Paul I. Cripe, Inc. C O:\2006\060384\20320\cad\Engr\Exhibits\2012-12-04\Building Setbacks Lot2Alt1.dwg, December 4, 2012 5:25 PM, JENNIFER LASCH, © Paul I. Cripe, Inc. INDIANAPOLIS, IN 46219 OWNER'S REPRESENTATION 6100 W. 96TH STREET GIS E-Mail cripe@cripe.biz MERIDIAN 131, LLC. LAND SURVEYING R (317) 844-6777 FAX (317) 706-6464 LAND PLANNING INDIANAPOLIS, INDIANA 46240 CIVIL / TRANSPORTATION ENGINEERS LOT 2, MERIDIAN & MAIN INTERIOR DESIGN 3939 PRIORITY WAY SOUTH DRIVE, SUITE 400 EQUIPMENT PLANNING DescriptionDateMark ARCHITECTUREARCHITECTURE PROPOSED IMPROVEMENTS Revisions Paul I. Cripe, Inc. C O:\2006\060384\20320\cad\Engr\Exhibits\2012-12-04\Building Setbacks Lot2Alt1.dwg, December 4, 2012 5:18 PM, JENNIFER LASCH, © Paul I. Cripe, Inc.