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HomeMy WebLinkAboutPacket BZA 11-17-00 !1~.'.:._-_ .. ::C$' IBDDl1'S DEVELOPMENT STANDARDS VARIANCE APPLICA TION AND SPECIAL USE APPROVAL APPLICATION FOR Wendy's Restaurant A T WEST CARMEL CENTER (Southeast Corner of l06th Street and Michigan Road) Prepared by: fffh~ ~ Nor ~;jijW~[O Docs American Consulting, Inc. 4165 Millersville Road Indianapolis, IN 46205 (317) 547-5580 Applicant: Glendale Partners 320 N. Meridian Street, Suite 700 Indianapolis, IN 46204 Carmel Plan Commission November 2000 . . . 1':. :x LETTER OF INTRODUCTION PETITION AND APPLICATIONS SITE PLAN ARCHITECTURAL RENDERINGS SIGNAGE PLANS . . . 'f ]" . November 16, 2000 To: Members of the Carmel/Clay Township Board of Zoning Appeals Re: Wendy's at West Carmel Center (Block A) bocketNos. SU-179-00, V-180-QO, V-181-00, V-182-00, V-183-00 On November 27th, 2000, Glendale Partners will present Applications for Special US\t and Applications for a Developmental Standards Variances to the Board of Zoning Appeals for the following items: Docket SU-179-00: Requesting that a special use be granted for the proposed restaurant. The property is zoned B-3 with no permitted uses, therefore, the proposed restaurant requires a variance of use. Docket V -180-00: Requesting that a variance be granted for the number of signs permitted. Docket V-181-00: Requesting that a variance be granted for a 31 square foot ground sign labeled "Wendy's". Docket V-182-00: Requesting that a variance be granted for a 32 square foot wall sIgn labeled "Wendy's" on the east side of the building. Docket V-183-00: Requesting that. a variance be granted for a 32 square foot wall sIgn labeled "Wendy's" on the west side of the building. The proposed commercial development is generally described in the enclosed petitions, applications, plans and drawings, and is more completely described in the plans on file with the Department of Community Services. Thank you for your consideration of these matters. We look forward to'presenting this project to you on November 27,2000. c:\99\313\wendys\bzaletter.doc . . . .. CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY. INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied. DOCKET NO. DATE RECEIVED: . 1) Applicant: Glendale Partners West Carmel Outlots, LLC Address: 320 North Meridian Street 2) Project Name: Wendy's at West Carmel Center Phone :317 -264-9400 Engineer/Architect: American Consultino. Inc. , Phone: 317-547-5580 Attorney: Phone: 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./lnstrument No. Instrument Number 199909972976 Page: Purchase date: 12-21-1999 6) Common address of the property involved: Legal description:, attached Tax Map Parcel No.: 13-07-00-014 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the . section number(s) of the Carmel/ClayZoning Ordinance which applies and/or creates the need for this request). Page 1 of B -. Developmental'Standards Variance Application '. . . 8) State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached questior sheet entitled "Findings of Fact-Developmental Standards Variance"). l The ordinance allows for onl one identification s; n. In order to be able to ade uatel direct and inform customers additional sianaae is reauested. 9) 10) Present zoning of the property (give exact classification): B-3 Business District Size of lot/parcel in question: 4.174 acres 11 ) Present use ofthe property: Partiallv deve/o~ed for commercial/retail use / Partially undeveloDed 12) Describe the proposed use of the property: Commercial/Retail 13) Is the, property: Owner occupied Renter occupied Other Not occuDied 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. . No Drevious encumbrances. . 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? Fa'lI 2000 17) If. the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Wendy's NOTE: . ... . . ........ ... . LEGAL NOTICE shall be published in the.Noblesville Dailv Ledaer 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 FORALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUSTBE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assianed until all SUDDortina information has been submitted to the Department of Community SeNices. . Page 2 of 8 -- Developmental Standards Variance Application . . . (i' CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, IND,IANA Docket No.: Petitioner: Glendale Partners W,est Carme'l Outlots. LLC FINDINGS OF FACT - DEVELOPMENTAL STAN,DARDSVARIANCE 1. The approval of this variance. will not be injurious to the public health,safety, morals and general welfare of the communi'ty because: ' . ~.. , The-proposed sianaa'e will help inform the'public about the development. The variance will not.neaativelv impact the public in any waVe . 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: Theadiacent properties are, zoned fo.r B-3, and: B-5 development. Similar sianaae would be expecte~ ,for these. tvpes of development. The sianaae is complimentary to thebuildi:no. 3. The strict application of the, terms Qfthe Zo.ning Ordinance to the property will result in practical difficulties in the use of the property because: The public would not be able to easilv identify the store. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Developmental 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 the back. (Petitioner or his representative to sign). S:\carmelclaylanduse regs\checklist\devstandapp Revised 1/25/2000 Page 8 of 8 -- Developmental Standards Variance Application i I 90220D 13 .DOC Page 1 of 2 . Block A West Carmel Center , I LAND DESCRIPTION Outlot, Block A West Carmel Center version 2 November 24, 1999 A part of the Northwest Quart~r, of Section 7, Township 17 North, Range 3 East located in 'Clay Township, Hamilton County, Indiana being bouridedas, follows: COIl111).e~cing at the ,Northeast Corner of the Northwest. Quarter, of Section 7, Township 17 North,'Range 3.'East; thence South 00 degre~s 25 minutes 52 seconds East (assumed beating)45~OOfeet~ong the East Line of said Northwest Quarter to a'pointbeing 45.00 feet (measured perpendicularly in a southerly direction) from the North Line ,of said ' Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 69L99 feet . parallel with the North Ljne of said Northwest ,Q~~er to th~ ~erminusof tp.e sev,enteenth (17th) course in the description of the 3.709 acre tract of land described in the SPECIAL , , . . -'. 'WARRANTY DEED recorded as '-instTument #980,9836325 -in the' office of tbe R~corder 'ofHamiltonC,ounty"Indiana,.the following four (4)-cou.rses are, along the,boundary,of said 3.709 acre tract of land; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; '2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to.the , point of curvature <;>facurve to the left,- said point of curvature being South 89 de'grees, 33 minutes 36 s.econds West 390.00 feet fromthe radius point of said curve; 3}thence .soutperly andsoutheasterly242~81 feet along said curve to its point of tangency, said pointoftangencybeing SouthS3 degrees 53 minutes 17 seconds West 39Q.OO feetftopl .the radius point bfsaidcurve;4) thence South -36 degrees 06 minutes 43 seconds';East 77.55 feet; thence"South 53rlegrees 05 minutes 14 seconds West 318.47 feet to the POINT OF BEGINNJNG oftrus description; thence North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 3'74.23, feet to ,the point of curvature of curve to the left, said point of curvature being North 73 degrees 18 minutes 55 seconds East 1,000.00 feet from th~ radius point of said curve; thenqe northerly 74.53 feet along said curve to its point of tangency, said point of tangency being North 69. degrees 02 minutes 43 ~econds East 1,000.00 feet from .t4e radius point.ofsaid curve; thence North 20 degrees 57 minutes,'17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees Q2 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly 17.50 feet along said curve to its point of tangency, said point of tap.gency b,eing South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve;, thence North 00 degrees 54 minutes II seconds West 38.05 feet to a point being 60.00 feet (measured perpendicularly in a southerly direction) from the North . . . Wednesday, September 22, 1999;07:57; g1r; /' edited Wednesday, 24 November, 1999 to version 2 @ 1999, American Consulting, Inc. .' ~ . . i .. '. -90220D13.DOC Page 2 of2 Block A West Carmel Center Line of said Northwest Quarter; thence, South 89 degrees 05 minutes 48 seconds West 214.95 feet parallel-with the North Line. 0f said Northwest Quarter to the currently proposed (APR 1999) eastern right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of pS 421 (Michigan Road); 1) thence South 37 degre~s 32 minutes 20 seconds West 83.44 feet; 2}thence South 20 degrees 57 minutes 18 seqonds East 623.36 feet; 3) -thence South 24 degrees 47 minutes 51 seconds East 26.44 feet; 4 ) thence So,uth 23 degrees 34 minutes )4 seconds East 104.96 feet; 5) thence South 20 de~ees 57 minutes 18 seconds East 2.02 feettoapQintbeing,~outh 53 degrees 05 minutes 14 seconds Wes~t ofthe,P9in~ of beginning; thence North 53 degrees 05 minutes 14 seconds East 236.40 feet to the POINr OF BEGINNING;containipg 4. 174. acres, more or less. 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CD . . . 0" AFFIDA VIT 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 ofm,Y knowledge and,belief. ,I, the undersigned, authorize the applicant tq act on my behalf with regard to this application and subsequent-hearings arid testimony. Signed: ~- /J1:t..t<:... - - '1. 7.';l. 000 ' (Prope~ Owner., Attorney, or Power of Attorney) Date STATE 'OF INDIANA 58: ,Kev ih ' N\~KCA.s<;.on (Please Print) , 'County of r\&\.v-:(on , . .. ...... .. - . . ,(County in which notarization takes' place) for ~VY\.\\tp Y\ (Notary Public's county of residence) \<.e,;\J\~", \J\<:..ko.c.>~on (Property,Owner,-Attorney,or Power of Attorney) B'h day of Se.p-\-e.m ber (SEAL) Before me the undersigned, ~ No~ary Public ' County, State of Indiana,,?'personally appeared , and acknowledge ,~he ~xecution,of '~~e foregoing instrument this ,2000 ' tI\ ,. ch.~ e , Notary Public--Please Print My commissi9n expires: A " -. · t " ,~n 1l,200( Page 4 of 8.. Developmental Standards Variance ,Application . . . CITY OF CARMEL - CLAY TOWNSHIP HAMILTO'N COUNTY,INDIANA APPLICATION, FOR BOARD.OF ZONING APPEALS.ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $450.00 for the first plus $50.00 for each additional sectiqn of the ordinance being varied. DOCKET NO. DATE RECEIVED: 1) Applicant: Glendale Partners West Carmer Outlots, LLC Address: 320 North Meridian Street 2) ,Project Name:Wendy!s at West Carmel Center Engineer/Architect: American Consultinq, Inc. Phone: 317 -264-9400 Phone: 317-547-5580 Attorney: Phone: 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: I 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: Phon~: 5) Record of Ownership: Deed Book No./lnstrument No. Instrument Number 199909972976 ' Page: Purchase date: 12-21-99 6) Common address of the property involved: , Legal d~scription: attached Tax Map,ParceJ No.: 13-07-00;.014 7) ,State ,explanation of requested Developmental Standards Variance: (State what you want 'to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the nee~ for this request). The petitionerreauests a variance to amend' provisions which relate to the Carmel and Clav Township S'ian Ordinance, Section 25.7.02-7(C), Special Use and Use Variance Sians: Maximum Sian Area. The petitioner requests that a 32 square foot wall sian labeled "Wendy's"/ be permitted on the west side of the buildinq (alona US 421 ). Page' of 8 -- Developmental:Standards Variance Application . . . 8) , , ' State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact~Developmental Standards Variance"). The ordinance onlv allows 1 0 square feet of siqn area for a special use. If the proiect did not fall in the special use cateqorv 40 square feet of siqnarea would be permitted. (Si'qn Chart B) 9) 10) Present zoning of the property (give eX,act classification): B-38usiness District Size of lot/parcel in question: 4.174 acres 11) Pre~ent use of the property: Parti,aUv' developed for commercial/retail 'use / Partiallv undeveloped 12) Describe the proPQsed use of the' p~roperty: Commercial rR,etail 13) Is ,the property: Owner oc~upied Renter occupied Other Not o'ccupied 14) Are there any restrictions, laws,' covenants, variances, 'special uses, or appeals _ filed in connection with,this property thafwould relate or affect its use for the specific purpose of this application? If yes, 'give qate and docket number,decision rendered and pertinent explanation. No previous encumbrances. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Numb~r: Builder: 16) If proposed appeal is granted, when will the work commence,? Fall 2000 ' 17) If.',the proposed variance. is granted, whowiH operate and/or- use the proposed improvement for which ,this application has been fifed? Wendy's NOTE: - LEG'AL NOTICE shall be published in the Noblesville Dailv Ledae,. a MANDATORY twenty-five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper mustbe available for inspection the night ofthehe~ring. ' lEG'ALNOTrC:E to 'all adjoining and abutting property owners is also MANDA TORY, two methods of notice are recommended: 1) CERTIFIEDMAIL~ RETURN RECEIPT REQUESTED sent toadjoi'ning 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 abl:ltting 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 notic~ was completed) REALIZE THEB,URDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBiliTY OF THE APPLICANT.. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATED The applicant understands that docket numbers will not be' assiqned until. all supportinQ information has been submitted to the Departme~t of Community Services. Pag,e 2 of 8 -- Developmental Standards Variance Application . . . CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.:, Petitioner: Glendale Partners West Carmel' Outlots FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the' public health, safety, morals and ,general welfare of the communi~y because: ' The proposed sianaaewill h~lpprovide inform'ation to the' public about the development. The variance will 'not have, a neaative impact-on the public in anyway. , 2. Th~ use 'and value' of th~ area adjacent to the property,included in the variance will not_be affected 'in a substantiaUyadverse manner because: , The adiacent properties are zoned for B-3 and 8.;5 development. Similar sianaae would be expected for these , , types of development' The slanaaeis complimentary, to the 'buildina and faces the adiacent roads. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of.theproperty because: The maximum sianaaearea permitted by the sian ordinance would allow for a sian that would. be difficult to view. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Developmental Standards Vari,ance Docket No. , ' is granted, subject to any conditions stated in fhe minutes of this Board, which are incorporated herein by reference and made ap'art hereof. ' Adopt~d this day of ,'20 , CHAI'RPERSON, Carmel/Clay I?oard of Zoning Appeals SECRETARY,Cafmel/Clay Board of Zoning ApP,eals Oonditions of the Board are listed on the back. (Petitioner or his representative to sign). S :\carmelclaylanduseregs\checkl ist\devstandapp , Revised 1/25/2000 Page 8 of 8 -- Developmental Standards Variance Application 90220D13.DOC Page 1 of 2 Block A West Carmel Center . LAND DESCRIPTION Outlqt, Block A West C'armel Center, version 2 November 24, 1999 A part of the Northwest Quarter of Section 7, Township 17 North,-Range 3 East located in Clay Township, ~amilton,County, Indiana being bounded as follows: . \ .' Commencing at the Northeast Corner of the Northwest Quarter of Section 7, Township I7'North, Range 3East;,~hence SouthOOdegre~s 25 minutes 52 seconds East (assumed ) bearing) 45.00 feet along,the East Line of sard Northwest Quarter-toapointbeing '45.00 feet(measured perpendicularly in a southerly ~irection) from the North Line ,of said I Northwest Quarter; thence South 89 degrees 05, minutes 48 seconds :Vest 691.99 feet p,ara1lelwitb the North Lin~ of said Northwest Quarter t() the termi~us, of t~e seventeenth (17th) course -in, the description of the, 3.709 acre tract of land describedin the SPECIAL WARRANTY DEED recorded 'as instrUment #9809836325 in the' office of the R~corder ofHmpiltonCounty,-Indiana,the following four (4) courSes are along the boundary of 'said 3.,709 acre tract of land; .,1) thence South 45 degrees 40 minutes _18.seconds East 35.21'feet; '2) thence SoutPOO degrees 26 minutes 24 seconds East 146.27 feet to.the - . , point of curvatllreof a curve to the left, said point of curvature being S,outh 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of s'aid curve; ,3) thence southerlyand,southeasterly242~81 feet along said ~urve to its point of tangency, :~aid pqint of tangency, being South 53 degrees' 53 minutes 17 seconds West 39Q.O,Ofeet frop1 the radit.ls point of said curve; 4) thence South" 36 degrees 06 minutes 43 seconds';East 77.-55 feet; thence,Seuth 53 degrees 05 minutes 14 seconds West 318.47 feet to the POINT QF BEGINNING of this description; thence North 36. degrees 54 minutes 46 second~ West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 3'74.23 feet to the point of curvature of curve to t~e left, said point of curvature being North 73 degrees 18 minutes 55 seconds East 1,000.00 feet from ~he radius point of said curve; thence ,northerly 74.53 feet along said curve'to its point of tangency, said point of tangency being North 69 degrees 02 minutes 43 ,~econds East 1,O()0.OO feet fromt4e radius point of said curve; thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point ofcurv~ture of a curve to the right, said point of curvature b~eing South 69 degrees 02 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence no~herly 17 .50 feet ~ong said curve to its point of tangency,. said point of .tang~ncy being South 89 degrees 05min~tes 49 seconds West 50.00 feet ,from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05-feet to a point being 60.00 feet (measured perpendicularly in a southerly direction) from the North . Wednesday, September 22, 1999;07:57; glr; / edited Wednesday, 24 November, 1999 to version 2 @ 1999, American Consulting, Inc. - -04' . . , . . 90220D13.DOC Page 2 of2 Block A West Carmel Center Line of said Northwest Quarter; thence 'South 89 degrees 05 minutes 48 seconds West 214,.95 feet parallel with the North Line. of said Northwest Qu arter to the currently proposed'(APR 1999) eastern right-of-way line ofUS421 (Michigan Road), the following five (5) courses are,alon,g the currently proposed eastern right-of-wayline of US 421 (Michigan RO,ad); 1) thence South 37 degrees 32minute~ 20 seconds West 83.44 fe~t;2) thence ,South 20 degrees 57 minutes 18se~.onds East 623~36feet; 3) thence South ' 24 degrees 47 minutes 51 seconds-East 26.44 fee~; 4) thence South 23 degrees '34 minutes' 14 seconds East 1(}4.96feet; 5) thence South 20 de~ees 57 minutes 18 seconds East 2.02 feet to a pointbeirig South 53 degrees 05 minutes 14 seconds ,West of the point of ~ beginning; thence ,North 53, degrees 05 mi,nut~s 1.4'se~onds ~ast 236.40 feet to the POINT OFBEGINNING;containip.g 4. 174. acres, more or less. 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Iii II! ~~!j 11~1111 ~'i3 i!if~~li , imlli .~ . . . AFFIDA vir I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing signatures, statements anq answers herein contained and the informationher~with submitted are in all respects true and correct to the best of my knowledge and belief.. I, the undersigned, authorize t~e applicant to act on my behalf' with regard to. this . application 'and subsequent hearing.s and testimony. Signed:~ j)1'K- 1... r.~OCO . (Prope~ Owner, Attorney, or Power of Attorney) Date . STAT'EOF INDIANA SS: County of , ~t\r- rO n (County in which notarization takes' place) for \-\a.~\ \+0 V"\ (Notary Public's, county of residence) Ke.\.f \V\.. \J\ c.. ktxs <5:.0 Y1 (Property 'Owner, Attorney, or Power of Attorney) , ~ ,day ,of S~pt-e.mbe.r (SEAL) KevihMc..K~s<;.On (Please. Print) Before me the uoders~gned, ~ Notary Public County,State ofhldiana, ipersonally appeared and acknowledge~th~executjon of theforegoi~g. instrument this , 2000' tI\,c~G\el B. 'e Notary Public--Please Print My commiss..lon .expires: k , '. t n-pn \1,2001 . , Page 4 of 8 .. Developmental~tandards Variance Application . . . ',', CITY OF'CARMEL - CLAY TOWNSHIP . HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE.REQUEST FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied. DOCKET NO. DATE RECEIVED: 1) Applicant: Glendale Partners West Carmel Outlots. LLC Address: 320 North Meridian Street 2) Project Nam'e:Wendv's at West Carmel Center Phone: 317-264-9400 Engineer/Architect: American ConsultinQ. Inc. Phone: 317-547-5580 Attorney: Phone: 3) ,Applicanfs Status: (Check the appropriate response) x (a).The applicant1s 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) i~ checked, please complete the following: Owner of the property involvf3d: Owner1s address: Phone: 5) Record of Ownership: , ' ,Deed Book No./lnstrument No. Instrument Number 199909972976 Page: Purchase date: 12-21-99 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13-07-00-014 7) State explanation- of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this request). . The petitioner requests a variance to amend provisions which relate to the Carmel and Clav T ownshipSian Ordinance. Section 2S.7.02-7(C). Special Use and Use Variance Sians: Maximum Sian Area. The petitioner requests that a 32 - sauare foot wall sian labeled "Wendv's" be permitted on the east side of the buildina. Page 1 of 8 -- Developmental, Standards Variance Application . 9) 10) 11 ) 12) 13) . . 16) 8) .~ State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Developmental Standards Variance"). The, ordinance only allows ,10 sauare feet of sian area for a special use. This sianaae area is not larae enouah to inform the public about the restaurant. Present ~oningof the property (give exact classification): B-3 Business District Size of lot/parcel in question: 4.174 acres Present use of the property: Partial Iv developed for commercial/retail use / Partially undeveloped Describe the proposed use of the property: Co~mercial/ Retail 'Is the property: Owner occupied Renter occupied Other Not occupied 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, decis,ion rendered and pertinent explanation. No previous encumbrances. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: Builder: If proposed appeal i.s granted, when will the work commence? Fall 2000 .17) If the..proposed v,ariance is granted, Who will operate and/or use the proposed: improvement for which this application has been filed? NOTE: Wendy's LEGAL NOTICE shall be published in the Noblesville Daily Ledaer a MANDATORY twenty-five (25) days prior to the public hearing date. The, certified uProof of Publicationll 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 Off-ice at least twenty-five (25) . days prior to the public hearing date.) 2) HAND DELIVERED to adjoin'ing and abutting property owners (A receipt signed by the adjoining and abutting ,property owner acknowledging the twenty-five (25) day notice sho(Jld be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TW,ENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assianed until all supportina information has been submitted to the Department of Community Services. Page 2 of 8 -- Developmental Standards Variance Application . . . ., CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, IND!ANA Docket No.: Petitioner: Glendale Partners West Carmel Outlots FINDINGS OF ,FACT - DEVELOPMENTAL STANDARDS VARIANCE 1. The approval of this variance wil-l not be injurious to the public health, safety, morals and general welfare of the community because: The proposed sianaae will help,provide information to the public about the development. The variance will not have a neaative impacton the Dublicin any way. -2. The ,use and value of, the, area adjacent tq th~ property included in the variance will not be affected in a substantially adverse manner because: The,adiacent properties are zon~d for 8-3 and B-5 development. Similar sianaae would be expected for these types of development. The sianaae is complimentarv to the buildina. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical diffrculties :in the use of the property because: The maximum sianaae area permitted by the sian ordinance would allow for a sian that would be difficult to view. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Deveropmental 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 fisted on the back. (Petitioner or his representative to sign).. S :\carm elclaylan duseregs\checklist\devstandapp Revised 1/25/2000 Page 8 of 8 -- Developmental Standards Variance Application . . . ,( 90220D13.DOC Page 1 of2 , Block A West Carmel Center LAND DESCRIPTION Outlot, Block A West Carmel Center version 2 November 24, 1999 A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Comer of the N()rthwest Quarter of Section 7, Township 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed bearing) 45.00 feet along the East Line of said Northwest Quarter to a point being 45.00 feet (measured perpendicularly in a southerly direction) from the North Line of said " ,Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet parallel with the North Line of said Northwest Quarter to the terminus oftp.e seventeenth (17th) course in the description of the3. 709 acre tract ofland described in the SPECIAL W ARRANTYDEED recorded as 'instrument #98098363'25 in the office of the R~corder of Hamilton County, Indiana, the ,following four (4) courses are along the boundary of said :3. 709 acre tract of land; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South 00 degrees 26 minutes 24 seconds 'East 146.27 feet to ,the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet fromthe radius pt>int of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point oftangency,~aid point of tangency being South 53 degrees 53 minutes 17 seconds West 390.00 feet froIn the radius point of said curve,; 4) thence South 36 degrees 06, minutes 43 seconds':East 7,7.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to the POINT OF BEGINNING of this description; thence North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 3'74.23 feet. to the poin! of curvature of curve to the left, said point of curvatur~ being North 73 degrees 18 minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence' northerly 74;53 feet along said curve to its. point of tangency, said point of tangency being North 69 degrees 02 minutes 43 ~econds East 1,000.00 feet from the' r~dius point of said curve;. thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees 02 minutes 43 secondsWest 50.00 feet from the radius point of said curve; thence northerly 17.50 feet along said curve to its point of tangency, said point of tangency being South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00 fe~t (measured perpendicularly in a southerly direction) from the North Wednesday, September 22, 1999;07:57; g1r; / edited Wednesday, 24 November, 1999 to version 2 @ 1999, American Consulting, Inc. . . . . -,L( 90220D13.DOC Page 2 of2 Block A West Carmel Center Line of said Northwest Quarter; thence South 89 degrees 05 min~tes 48 seconds West 214.95 feet parallel with the North Line of said Northwest Quarter to the currently ptoposed,(APR 199'9) eastern right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of US 421 (Michigan Road);l) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence South 20 degrees 5'7 minutes 18 se~onds East 623.36 feet; 3) thence South 24 degrees 47, minutes 51 seconds East 26.44 feet; 4) thence South 23 degrees 34 minutes 14 s~conds East 104.96 feet; 5) thence South 20 degrees 57 ~utes 18 seconds East 2.02 feet to apoint being South 53 degrees 05 minutes 14 seconds West of the point of beginning; thence Nprth 53 degrees 05 'minutes 14 seconds East 236.40 feet to the " , ' , . POI~T OF BEGINNING;containi.ng 4. 174. acres, more or less. . ' Wednesday, September 22,1999;07:57; g1r;/ edited Wednesday, 24 November, 1999 to version 2 @ 1999, American Consulting, Inc. . II, . . r- . .... C") z ~ ..- , 7 fo '~ LL,~9t~ . I . ~ :1- . . ~: ~ o~ ~ D.", tn I; ~ :J ~ m . ~~ 0 m. 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'~ AFFIDA vir 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 contai'ned and the information herewith submitted are in all respects true and correct to the best of-my knowledge and belief. ..', the undersigned, authorize the applicant to act on my behalf with regard to th is. application and subsequent hearings and testimony. ~.. . .. .... ...... . . . , . . . . Signed: ~. /J1~. '1 7 .loc:o (Proper:tr Owner, Attorney, or Power of Attorney) Date Kev ih M~\(~s<;.on (Please Print). , STATE OF INDIANA 88:. County of Ktty- f 0 Y\ (County in which notariz~tjori takes' place) Before me the undersigned, ~ No~ary Public for t-kA~\\+o Y\ (Notary Pu'blic~s county of residence) . County, State oflndiana,ipersonally appeared ' \<.e.."\V\.. "^' c.. kA~<S.o'" (Property 'Owner, Attorney, or Power ,of Attorney) and acknowledge,theexecution of the foregoing instrument this ~ Se.p\-e.m b e.r:: . day of ,.2000 (SEAL) r'\ tch.ae 1 Notary Public--Please Print My commission eXPires:~ · t II ' ,:t>n t 200 ( Page 4 of 8 .. Developmental Standards Variance Application . . . it.~ CITYOFCAR'MEL - CLAY TOWNSHIP HAMILTON COUNTY. INDIANA APPLiCATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT ALST ANDARDS VARIANCE REQUEST FEE: $450.00 for the first plus $50.00 for each additional section of the ordinance being varied. DOCKET NO. DATE RECEIVED: 1) Applicant: Glendale Partners West Carmel Outlots. LLC Address: 320 North Meridian Street 2) . Project Name: Wendy's at West Carmel Center Phone: 317-264-9400 Engineer/Architect: American Consultina, Inc. Phone: 317-547-5580 Attorney: Phone: 3) Applicanfs 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: De'ed Book No./lnstrument No. Instrument Number 199909972976 Page: Purchase date: 12-21-99 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13-07-00-014 7) StatE3 explanation of requested Developmental Standards Variance: (State what you want to do and cite the sec;tion number(s) of the CarmellClay Zoning Ordinance which applies andlor creates the need for this request). The petitioner requests a variance to amend provisions which relate to the Carmel and Clav Township Sign Ordinance. Section 25.7.02-7(C), Special Use a~d Use Variance Sians : Maximum Sian Area. The petitioner reauests that a 3'1 sauare foot around sian be permitted. Page 1 of 8 -- Developmental Standards Variance ADDlication . . . it, 8)i' State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled-"Findings of Fact-Dev~lopmental Standards Variancell). The ordinance onlv allows. 1 0 sauare feet of sian area for a special use. if the proiect was not located within A special use area 40 sf of sian area would be permitted. ,9) 10) Present zoning of the property (give exact classification): B-3 Business District Size of lot/parcel in question: 4.174 acres 11) Present use of the property: Partiallv developed for commercial/retail use / Partiallv undeveloped 12) Describe the proposed use of the property: Commercial/Retail 13) Is the property: Owner occupied Renter occupied Other Not occupied 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. No 1?revious encumbrances. 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? Fall ,2000 17) If the proposed variance is granted, who will,operate and/or use the proposed improvement for- which this application has been filed? WendY's NOTE: - LEGAL NOTICE shall be published in the Noblesville Daily Ledaer a MANDATORY twenty-five (25) days prior to the public hearing date. The certified uProof of Publicationll, 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 OFTHE APPLICANT. AGAIN, THIS ,TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assianed ,until 'all SUDDortina information has been submitted to the DeDartmentof Community Services. Page 2 of 8 -- Developmental Standards Variance Application . . . -" CARMEUCLAY BOARD OF ZONING APPEALS C,ARMEL, INDIANA Docket No.: Petitioner: Glendale Partners West Carmel Outlots FINDINGS OF FACT - DEVELOPMENTAL STANDARDS VARIANCE 1. The approval of this variance wilJnot be injurious to the public health, safety, morals and general welfare of the community because: . The proposed sianaae will' help provide information to the public about the development. The variance will not have a neaative impact on the public in anv waVe 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 adiacent properties ar~ zoned for 8-3 and 8-5 development. 'Similar sianaae Would be expected forthese , types of d~velopment. The sianaae is complimentary to the buildina. 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 rllaximum sianaae area permitted bvthe sian ordinance would allow for a sian that would be difficult to view~, DECISION IT IS THEREFORE the decision of the CarmeVClay Board of Zoning Appeals that Developmental 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 the back. (Petitioner or his representative to sign). S:\carmelclaylanduseregs\checklist\devstandapp Revised 1/25/2000 Page 8 of 8 .. Developmental Standards Variance Application +" 90220D 13 .DOC Page 1 of 2 , Block A West Carmel Center . LAND DESCRIPTION Outlot, Block A West Carmel Center version 2 November 24, 1999 A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located in Clay Township, Hamilton County, Indiana being bounded as follows: Commencing at the Northeast Corner of the Northwest Quarter of Section 7, Township 17 North" Range 3 East; thence South 00 degre~s 25 minutes 52 ~econds East (assumed bearing) 45.0.0. feet along the East Line of said Northwest Quarter to a point being 45.0.0. feet (measured perpendicularly in a southerly, direction) from the North Line ,of said ' I Northwest Quarter; thence South 89 degrees 0.5 minutes 48 seconds West 691.99 feet parallel, with the North Line of said Northwest Quarter to the terminus oftp.e seventeenth (17th) course in the description of the3.7D9 acre tract ofland described in the SPECIAL WARRANTY DEED recorded as 'instrument #9809836325 in the office oft1;le Recorder of Hamilton County, Indiana, the following four (4) courses are along the boundary of said 3.709. acre tract-of land; 1) thence South 45 degrees 40 minute's 18 seconds East 35.21, feet; 2) thence South 00 degrees 26 minutes 24 seconds East 146.27 feet to ,the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point of tangency, said point oftangency being South 53 degrees 53 minutes 17 seconds West 390..0.0. feet frorp. the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds:East 77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to the POINT OF BEGINNING of this description; thence North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 3.74.23 feet to the point of curvature of curve to the left, said point of curvature being North 73 degrees 18 minutes 55 seconds East 1,0.0.0..0.0. feet from the radius point of said curve; thence northerly 74.53 feet along said curve to its point of tangency; said point of , tangency being 'North 69 degrees 02 minutes 43 ~econds East 1,0,00.00 feet from,t4e radius point of said curve; thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature of a curve to the right, said point of curvature being South 69 degrees 0.2 minutes 43 seconds West 50..0.0. feet from the radius point of said curve; thence northerly 17.50. feet along said curve to its point of tangency, said point of tangency being South 89 degrees '05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North DO degrees 54 minutes 11 seconds West 38.05 feet to a point being 60..0.0. feet (measured perpendicularly in a southerly direction) from the North . . Wednesday, September 22, 1999;07:57; glr; /' edited Wednesday, 24 November, 1999 to version 2 ,@ 1999, AmericaJ? Consulting, Inc. - . 90220D13.DOC Page 2 of 2 Block A West Carmel Center Line of said Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 214.95 feet parallel with the North Line. of said Northwest Quarter to the currently proposed,(APR 1999) eastern right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of US 421 (Michigan Road); 1) thence South 37 degrees 32 minutes 20 seconds' West 83.44 feet; '2) thence South 20 degrees 57 minutes 18 seqonds East 623.36 feet; 3) thence South 24 degrees 47 minutes 51 seconds East 26.44 feet; 4}thence South 23 degrees 34 minutes 14 seconds East 104.96 feet; 5) thence South 20 degrees 57 minutes 18 seconds East 2.02 feet to a point being South 53 degrees 05 minutes 14 seconds West of the point of beginning; thence North 53 degrees 05 minutes 14 seconds East 236.40 feet to the POI~T OF BE~~NNING:containipg 4. 174, acres, more or less. . . .' , " . Wednesday, September 22, 1999;07:57; g1r; / edited Wednesday, 24 November, 1999 to version 2 @ 1999, American Consulting, Inc~ . . . . ~ MO~.J&----~ ~_Y) . -i= .. ~s,~ " .r! CN ~.: .. r--- _!~ \0 - >< I ..8 ~ ~ ~ ... Jp., ~ a,. Lt) , "<~.g ~ ~~ co 2f!- .i~ ~ 1 I I ~J f I! lD~ ~ ~~! : : il i w ~i a. il I~ . I il ill ;1 . ~i ~5 ~ I :11 I ~ I~ ~ i I; . ~ ~... ~l~ i ~ z ~ ~ s_l_ !_ . . . AFFIDA vir 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 submi~ted 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: ~ /J1~~ 9.7'<00,<<: (Property Owner, Attorney, or Power of Attorney) Date Kevi h N\c.. \(~s<;.on (Please Print) , STATE OF INDIANA SS: County of ~t\.v-foY\ (County in which notarization takes place) Before me the undersigned, a Notary Public for \-\CA~\ \+0 n. (Notary Public's county of residence) County, State of Indiana, ,personally appeared Ke-. \J\ '^- }J\ ~ k~sso'" (Property Owner, Attorney, or Power of Attorney) and acknowledge the execution of the foregoing instrument this ~ Se.p\-e-m bex- day of ,2000 (SEAL) Y\,.chae 1 Notary PubHc--Please Print My commission expires: . · I 11 ~~n 4200( Page 4 of 8 -- Developmental 'Standards Variance Application . . . CITY OF CARMEL.. CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION SPECIAL USE APPROVAL REQUEST Fee $450.00 DOCKET NO. DATE RECEIVED: 1) Applicant: Glendale Partners West Carmel Outlots. LLC Address: 3'20 North Meridian Street Project Name: Wendy's at West Carmel Center Engineer/Architect: American Consultinc. Inc. , Attorney: Applicanfs Status: (Check the appropriate response) X (a) The applicant's name ;s on the deed to the property (b) The applicant is the contract purchaser of the property (c). Other: If Item 3) (c) is ctlecked,please complete the following: Owner 01' the property involved: - Owner's address: 2) Phone: 317-264-9400 Phone: 317-547-5580 Phone: 3) 4) Phone: 5) Record of Ownership: Deed book No./lnstrument No. Instrument Number 199909972976 Page: Purchase Date: 12-21-1999 6) Common address of the property involved: Legal description: attached Tax Map Parcel No.: 13-07-00-014 7) State explanation of requested Special Use The property is zoned 8-3 with no permitted uses. therefore. the proposed restaurant requires a variance of use. Page 1 of 8 -- Special Use Application . . . 8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact-Special Use"). The US Hiahway 421 Michiaan Road Corridor Overlay Zone encouraaes capital investments for the development ,of those properties alona and abuttina US Hiahway 421 and further seeks to spur commercial activity and attract new businesses 9) Present zoning of the property (give exact classification): B-3 Business District 10), Present use of the property: Unimproved /vacant 11 ) Size. of 10Vparcel i'n question: 4.174 acres 12) . Describe the propqsed use of the property: Restaurant 13) Is the property: Owner occupied Renter occupied Other Not occupied 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. No previous encumbrances. 15) Has work for which this application is being filed already started? If answer is yes, give details: ,Building Permit Number: Builder: 16) 17) If proposed special use is granted, when will the work commence? Fall 2000 If the proposed special"use .is granted, who will. operate and/or use the proposed improvement for which this application has been filed? Wendv's NOTE: LEGAL NOTICE shall be 'published" in the Noblesville Dailv Ledaer 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 stampedby 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 PROOFFOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK' MUST BE' COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all sUDDortina information has been submitted to the Department of Community Services. ' Page 2 of 8 -. Special Use Application . . . CARMEL/CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Glendale Partners West CarmelOutlots.LLC , FINDINGS OF FACT - SPECIAL USE 1. The Special Use in Flood Plain District, Ordinance Z -160, Section 21.6 as amended does not apply and all prerequisites have bee"n met by Petitioner as verified, by: ' FEN1A Flood.lnsurance Rate Map (FIRM) Community Panel 180081Q011C. 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel/Clay Comprehensive Plan because: The use meets the purpose and intent of the US Hiahwav 421 Michiaan Road Corridor OverlavZone and will allow improvements to be made to US 421. 3., Tile Special, Use is -physically suitable for the land in question. because: Litle disturbance of forested land is required. The m'ild arades on the site allow fora Qood transition to existina features. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because: . The adiace"t properties, are zoned B-3 and B-5 and similar 'uses could be proposed for these properties. 5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage, or storm drainage facilities, or police or fire protection because: . Facilities exist to provid~ service to this site. Roadwav improvements as reauired will be constructed at the owner's expense. 6. ,The Board has reviewed the requirements of OrdinanceZ-160; Section 21.3 (1-25) as they reJateto this Special Use, and does ,not find that those criteria prevent the granting of the Special Use:, . Adequate information has been provided for the review of the requirements. . DECISION 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 s:\forms\Special Use Application Revised 09/12/97 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 -. Special Use Application 90220D13.DOC Page 1 of2 , Block A West Carmel Center . LAND DESCRIPTION Outlot, Block A West Carmel Center version 2 November 24, 1999 A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 Eastlocated in Clay Township, Hamilton County, fudiana being bounded as fonows: Commencing at the Northeast Comer of the Northwest Quarter of Section 7, Township 17 North, Range 3 East; thence South 00 degrees 25 minutes 52 seconds East (assumed 'bearing) 45.00 feetaIong the East Line of said Northwest Quarter to a point being45.00 feet (measured perp~ndicuIarly in a southerly direction) from the North Uneof said ' Northwest Quarter; thence South 89 degrees 05 minutes 48 seconds West 691.99 feet parallel with the North Une of said Northwest Quarter to the terminus of t,p,e seventeenth (17th) course in the description of the 3.709 acre tract of land described in the SPECIAL WARRANTY DEED recorded as instrument #9809836325 in the office of the Recorder of Hamilton County;fudiana, the following four (4) courses are along thebound~ of said 3.709 acre tract ofIand; 1) thence South 45 degrees 40 minutes 18 seconds East 35.21 feet; 2) thence South.OO degrees 26 minutes 24 seconds East 146.27 feet to,the point of curvature of a curve to the left, said point of curvature being South 89 degrees 33 minutes 36 seconds West 390.00 feet from the radius point of said curve; 3) thence southerly and southeasterly 242.81 feet along said curve to its point of tangency, said point of tangency being South 53 degrees 53 minutes 17 seconds West 39Q.QO feet fro:rp. the radius point of said curve; 4) thence South 36 degrees 06 minutes 43 seconds:East 77.55 feet; thence South 53 degrees 05 minutes 14 seconds West 318.47 feet to the ' POINT OF BEGINNING of this description; thence North 36 degrees 54 minutes 46 seconds West 27.30 feet; thence North 16 degrees 41 minutes 05 seconds West 374.23 feetto the point of curvature of curve to ~e left, said point of curvature being North 73 degrees 18minutes 55 seconds East 1,000.00 feet from the radius point of said curve; thence northerly 74.53 feet along said curve to its point of tangency, said point of tangency being North 69 degrees 02 minutes 43 seconds East 1,000.00 feet from .the radius point of said curve; thence North 20 degrees 57 minutes 17 seconds West 134.74 feet to the point of curvature ofa curve to the right, said point of curvature being South 69 degrees 02 minutes 43 seconds West 50.00 feet from the radius point of said curve; thence northerly 17.50 feet along said curve to its point of tangency, said point of tangency being South 89 degrees 05 minutes 49 seconds West 50.00 feet from the radius point of said curve; thence North 00 degrees 54 minutes 11 seconds West 38.05 feet to a point being 60.00 feet (measured perpendicularly in a southerly direction) from the North . . Wednesday, September 22, 1999;07:57; gIr; / edited Wednesday, 24 November, 1999 to version 2 @ 1999, American Consulting, Inc. . . , ; . . "~ 90220D13.DOC Page 2 of2 Block A West' Carmel Center Line of said Northwest Quarter; thence ~South 89 degrees ,05 minutes 48 seconds West 214.95 feet parallel with the North Line. ~f said Northwest Quarter to the currently prop'osed' (APR 1999) east~rn right-of-way line of US 421 (Michigan Road), the following five (5) courses are along the currently proposed eastern right-of-way line of US 421 (Michigan Road); 1) thence South 37 degrees 32 minutes 20 seconds West 83.44 feet; 2) thence South 20 degrees 57 minutes 18 se~onds East 623.36 feet; '3) thence South , 24 degrees 47 minutes 51 seconds, East 26.44 feet; 4), thence South 23 degrees 34 minutes 14 secon.ds East 104.96 feet; 5) thence South 20 degrees 57 minutes 18 seconds East 2.02 feet to apoint being South 53 degrees 05 minutes 14 seconds West of the point of beginning; thence North 53 degrees 05 minutes 14 seconds East 236.40 feet to the POINT QF BEGINNING;containi.ng 4. 174. acres, more or less. Wednesday, September 22, 1999;07:57; glr; /' edited Wednesday, 24 November, 1999 to version 2 @ 1999, American Consulting, Inc. .' . . . AFFIDA vir I, hereby swear that lam the owner/contract purchaser of property ;nvolved ;n 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, auth~rize the applicant to act o~ my behalf with regard to this application and subsequent hearings and testimony. ' Signed: ~. /ff~ 9. 7''<000 (Prope':tYOwner, Attorney, or Power of Attorney) Date Kev i h Me.. \:::~s<;on (Please Print) STATE OF INDIANA ss: County of r\/Ar-ion (County in which notarization takes'place) Before me the undersigned, ~ Notary Public for \--\cth\.\ \+0 Y\ (Notary Public's county of residence) County, State of Indiana, fpersonally appeared Ke-."\~ \A c: kt\.~cs.ora (Property'Owner, Attorney, or Power of Attorney) and acknowledge the execution of, the foregoing instrument this ~ day of Se.p-\-e.m ber , 2000 'r. (SEAL) r\" c h.C\e.l Notary Public--Please Print My commiSSioneXPires:~ · I \1 ~n . .200( Page 4 of 8 .. Developmental 'Standards Variance Application I ~ II1I tl' 1Cl~aL8'tA1DIa I~_ I ~~=I~..=:C: J.11O.Co liJ J ~L, II --- -- ...--- " ,,~~.. __ _ _..... "-_ _ _...... _ _ _ ___. -.a. _.... _.... _.....- __.._ __ __.... ... _ _.... __.._ -...... -.......--. .~ ... ... ."" . ~J-- 'II"" i i I I I . 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