Loading...
HomeMy WebLinkAboutPacket 01-29-13MERIDIAN & MAIN A Browning Development Meridian & Main Use Variance — Docket No. 12120004UV Development Standards Variance — Docket No. 12120005DSV Informational Packets January 18, 2013 Section 1 Section 11 Section 111 Section IV Section V Table of Contents Docket No. 12120004UV Docket No. 12120005DSV Aerial Plan Site Plan Building Rendering 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 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 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 withtlxs 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 Z). 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) 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 Depart ent of Community Servic Applicant Signature' Date: /Z The applicant certifies • 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 epplicanon 20f2,doc rev. 12/282011 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. Docket No.: Petitioner: 1. CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana 2. 3. DATED THIS DAY OF ,20 Board Member Page 9 - filename: development standards variance 2012.doc rev. 12/28/2011 Docket No.: Petitioner: CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE Meridian 131, LLC 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The proposed use is contemplated and permitted by the applicable 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 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 proposed use is contemplated and permitted by the applicable zoning district and the real estate's proposed intensity will not exceed that as originally intended when the real estate was rezoned. 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: Subsequent to the rezoning of the real estate, the State has taken additional right -of -way to accommodate the US Hwy 31 improvements, resulting in a parcel that cannot be developed in accordance with the applicable ordinances. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of , 20 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 - filename: development standards variance 2012.doc rev. 12/28/2011 CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEES: Single Family (Primary Residence) $297 for the first variance, plus $91.50 for each additional section of the ordinance being varied. All Other $1,177 for the first variance, plus $556 for each additional section of the ordinance being varied. Or, see Hearing Officer Option & Fees. 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: Attorney: Joseph M. Scimia, Faegre Baker Daniels LLP Contact Person: James W. Browning Email: jbrowning @browninginv.com Phone: (317) 844 -6777 (317) 569 -9600 Phone: (317) 344 -7328 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 property involved: 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 Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance that applies and /or creates the need for this request). Chapter 23B.08.03(A)(1). Variance request is to allow a minimum building height of one occupiable floor (100% GFA first floor). 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact - Development Standards Variance ").Additional right-of-way taken by the State for US 31 improvements prohibit the remaining-parcel from being developed as originally intended arnd otherwise complying with the applicable ordinances. 9) Present zoning classification of the property: B -6/ Business District; U.S. Hwy 31 Corridor Overlay Zone 10) Size of lot/parcel in question: 3.05 acres +/- acres 11) Present use of the property: vacant 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 with this property that would relate or affect its use for the specific purpose of this application? if yes, give date and docket number, instrument no., decision rendered and pertinent explanation. Rezoned pursuant to Ordinance No. Z- 505 -07 (docket no. 07020012 Z). 15) Has work for which this application is being filed already started? if answer is yes, give details: Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Meridian 131 LLC NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty -five (25) days prior to the public hearing date, The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN 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 beejj submitted to the Department of Community Services. Applicant Signature: Date: /f"'73./ 2- The applicant certifie. igning this application that he/she has been advised that all representations of the Department of Community Services are``��,dvisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and /or the legal advice of his/her attorney. 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.