HomeMy WebLinkAboutApplication Donahue-Wold, Alexia K
From: Donahue-Wold, Alexia K
Sent: Thursday, January 10, 2013 4:18 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; Mishler, Nicholas F; Redden, Nick; Stewart, Lisa M; Thomas, John G;
Tingley, Connie S; Worthley, Matthew D
Cc: 'fsimmons@ mail.simmonsarchitects.net'
Subject: Docket No. Assignment: (V) 10610 N Pennsylvania, bufferyard reduction (13010007 V)
I have issued the necessary Docket Number for(V) 10610 N Pennsylvania, bufferyard reduction. It is the following:
(V) 10610 N Pennsylvania, bufferyard reduction.
The applicant seeks the following development standards variance approval:
Docket No. 13010007 V ZO CH: 26.04 15 ft bufferyard required along 106th St, 0 ft requested
The site is located at 10610 N Pennsylvania Street. The site is zoned B-5/Business, within the US 31 Overlay Zone. Filed
by Frederick Simmons on behalf of Cornerstone Companies, Inc, owner.
Mr. Simmons can be contacted at(317) 656-3500, ext 12 or at fsimmons Psimmonsarchitects.net.
Filing Fees: Development Standards Variance Commercial, Hearing Officer ($627.50)
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Total Fee: $627.50
Filing Dates&Deadlines. Petitioner, please note the following:
1. This item does not need to be on a meeting agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than January 18,2013. 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 5:30
PM and the location reads City Hall Caucus Rooms.
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 Hearing Officer
Meeting under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for the 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).
7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be
heard. If no one appears, it will be tabled.
Please refer to your instruction sheet for more detail
Planning Department's Preliminary Review Comments; petitioner please respond to the following:
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1. Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 PM. It is suggested to send
the notice to the Noblesville Times newspaper by 11:00 am,two days prior to the printing deadline (765-365-2316
or Ieeals@thetimes24-7.com).
2. Please make checks payable to the City of Carmel.
3. Please provide filled out and notarized Placement of Public Notice Sign affidavit.
4. Provide the signed Petitioner's Affidavit of Notice of Public Hearing form (sheet 8.)
5. Provide the fully filled out Notice of the Public Hearing before the BZA form.
6. Please provide the Proof of Publication affidavit from the Noblesville Times, once you receive it.
7. Please provide green signed return receipts from the certified mailings once you receive them.
8. Please provide a location map, a site plan showing before and after the Right-of-way adjustment, and any other
pertinent drawings.
9. Does INDOT have a landscape plan for the improvements to 106`h Street? If so, please provide a copy.
If you have any questions, please feel free to contact me.
Sincerely,
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
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CITY OF CARMEL - BOARD OF ZONING APPEALS Q. .- ,,� L?0,
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE -
END
FEES: Single Family (Primary Residence) $297 for the first variance, plus $91.50 for each ad Rt.nal q.ii ongtO
ordinance being varied. All Other$1,177 for the first variance, plus$556 for each addit :I:sectf6ri oft
ordinance being varied. Or, see Hearing Officer Option & Fees. =. Do a
DOCKET NO. 13O t eD Od-1 V DATE RECEIVED: q J 1 13
1) Applicant:CORNERSTONE 106th MOB, LLC; Robert N. Whitacre - Member
Address: 3755 E. 82nd St., STE 270 Indianapolis, IN 46240
2) Project Name: 10610 N. Pennsylvania Phone: 117/788-9000
Engineer/Architect:Frederick A. Simmons, MA Phone: 317/656-3500 EXT 12
Attorney: N/A Phone:
Contact Person: Frederick A. Simmons, MA Phone: 317/656-3500 EXT 12
Email: fsimmons @simmonsarchitects.net
3) Applicant's Status: (Check the appropriate response)
XX _ (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: CORNERSTONE 106th MOB, IJ.0
Owner's address: : , , I , , , _ , Phone: 317/288 9000
5) Record of Ownership:
Deed Book No./Instrument No. Warranty Deed 2012-74149
Page: Purchase date: 11/30/2012
6) Common address of the property involved: 10610 N_ PPn sylvania St_ Carmel, IN
Legal description: See Ai-tared
Tax Map Parcel No.: 16-13-02-00-00-019.001
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).
Variance for 15 feet Buffer Yar. '. , , I . . . .
due to INDOT's taking for improvemPnts to 106th St. & US31.
8) State reasons supporting the Development Standards Variance: (Additionally,complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance"),INDOT's taking for improvements
to 106th St. & US31 for proposed "fly-over".
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9) Present zoning classification of the property:B5/Business & US 31 Overlay Zone
10) Size of lot/parcel in question: 2.13 acres
11) Present use of the property: Existing Medical Itffi ce Building
12) Describe the proposed use of the property: Medical Office Building
13) Is the property: Owner occupied Renter occupied Other Multi—Tenant
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.
None
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: Existing Building
Builder:
16) If proposed appeal is granted, when will the work commence?
N/A
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Owner
NOTE: LEGAL NOTICE shall be published in the Noblesville Times 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 under; ands a docket numbers will not be assigned until all supporting information has been
submitted to the D.•a! m`t I•� Communit Services.
Applicant Signature: ,i-ItL Date: 1/9/2013
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.
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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. /
Signed: A 1/9/7013
(Pr•perty Owne , Attorney, or Power of Attorney) Date
I2o602- fJ• V,14 1 A:ccz
(Please Print)
STATE OF INDIANA
SS:
County of '" `P1/4'a-kbe( Before me the undersigned,a Notary Public
(County in which notarization takes place)
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for County, State of Indiana, personally appeared
(Notary Public's county of residence)
9-06e-a-r ht• 6-1, and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
9th day of January , 20 13
•d1111/O r ••• Y - V—` V1L�11 y
Notary Public--Signature
( kLJ_,'
LSoL.J
Notary Public--Please Print
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• My commission expires:
Page 6 - filename:development standards variance 2012.docx.doc rev.12/28/2011
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EXHIBIT A-LEGAL DESCRIPTION
PARCEL.I:
Part of the Southwest Quarter and Part of the Southeast Quarter of Section 2,Township 17
North,Range 3 East in Hamilton County,Indiana,more particularly described as follows:
BEGINNING at the Southeast corner of the Southwest Quarter of Section 2,Township 17 North,
Range 3 East;thence North 89 degrees 45 minutes 00 seconds West(assumed bearing)on and
along the South line thereof 225.70 feet;thence North 00 degrees 44 minutes 45 seconds East
parallel with the East line of said Quarter 400.00 feet;thence North 89 degrees 45 minutes 00
seconds West parallel with the South line of the Southwest Quarter of said Section 246.75 feet to
• the Easterly right-of-way line of U.S. Highway 31 per I.S.H.C. description for Parcel 63A,dated
April 2, 1971,thence North 00 degrees 52 minutes 41 seconds East on and along said right of
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way 238.00 feet;thence South 89 degrees 45 minutes 00 seconds East parallel with the South line
of said Quarter and the Easterly prolongation thereof 497.66 feet,to'a point on the West line of
Meridian Highlands, 1st Section,the plat of which is recorded.in Plat Book 2,page'184 in the
Office of the Recorder of Hamilton County,Indiana,which point is 637.89 feet North 00 degrees
• 58 minutes 48 seconds East of the South line of the Southeast Quarter of said Section 2;thence
South 00 degrees 58 minutes 48 seconds West on and along the West line of said Meridian
Highlands, 1st. Section,637.89 feet to the South line of said Southwest Quarter;thence South 89
degrees 56 minutes 00 seconds West on and along said South line 23:15 feet to the BEGINNING
POINT;containing 5.010 acres more or less.
EXCEPT that part described as follows:
A part of the Southwest Quarter and a part of the Southeast Quarter of Section 2,Township 17
North,Range;3 East,Hamilton County,Indiana,described as follows:
COMMENCING at the Southeast corner of said Southwest Quarter Section;thence South 88
degrees 58 minutes 37 seconds West 225.70 feet along the South line of said Section to the
Southwest corner of the owner's land;thence North 00 degrees 31 minutes 38 seconds West
15:02 feet'.along the West line of the owner's land to the North boundary of 106th Street and the
POINT OF BEGINNING of this description;thence North 00 degrees 31 minutes 38 seconds
West 2432 feet along the West line of the owner's land;thence North 88 degrees 51 minutes
seconds East 24921 feet to the West line of Meridian Highlands 1st Section;thence South 00
degrees 00 minutes 15 seconds East 24.81 feet along the West line of said Meridian Highlands
1st Section to the North boundary of said 106th Street;thence-South 88 degrees 56 minutes 28
seconds West 23.41 feet along the boundary of said 106th Street;thence South 88,degrees.58
Exhibit"A"Page 1 of 4.
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minutes 37 seconds West 225.5.6 feet along said boundary to the POINT OF BEGINNING,and
containing 0.104 acres more or less.
ALSO EXCEPT that part described as follows:.
Part of the Southwest Quarter of Section-2,Township 17 North,Range 3 East in Hamilton
County,Indiana,described as follows:
COMMENCING at the Southeast corner of said Southwest Quarter Section;thence on an
assumed bearing of North 89 degrees 45 minutes 00 seconds West along the South line of said.
Southwest Quarter Section a distance of 225.70 feet;thence North 00 degrees 44 minutes 45
seconds East parallel with the East line of said Quarter Section a.distance of 400.00 feet;thence
North 89 degrees 45 minutes 00 seconds West parallel with the South line of said Southwest
Quarter Section a distance of 6.75 feet to a 5/8 inch rebar with yellow plastic cap marked
"SCHNEIDER ENG. FIRM No.0001"(hereinafter referred to as a"rebar")at the BEGINNING
POINT;thence continuing North 89 degrees 45 minutes 00 seconds West parallel with the said
South line a distance of 240.00 feet to a"rebar"on the Easterly right-of-way line of U.S.
Highway 31 per I.S.H.C.description for Parcel 63A,dated April 2, 1971;thence North 00
degrees 52,minutes 41 seconds East along said right-of-way line a distance of 238.00 feet to a
"rebar";thence South 89 degrees 45 minutes 00 seconds East parallel with the South line of said
Quarter Section a distance of 274.88 feet to a"rebar";thence South 00 degrees 52 minutes 41
seconds West parallel with the said Easterly right-of-way line of U.S. 31.a distance.of 127.01 feet
to a p.k:nail;thence North 89 degrees 45 minutes 00 seconds West parallel with the said South
line a distance of 34.88 feet to a"rebar";thence South 00 degrees 52 minutes 41 seconds West
parallel with the said Easterly right-of-way line of U.S.31 a distance of 111.00 feet to the
BEGINNING POINT,containing 1.413 acres,more or less..
ALSO-EXCEPT that part taken for right of way purposes by Order of Appropriation recorded
June 26,2002 as Instrument No.20020045077,and more particularly described as follows:
A part of the Southwest Quarter and a part of the Southeast Quarter of Section.2,Township 17
North,Range,3 East,Hamilton County,Indiana,being that part of the land described in
Instrument No.969648802 as recorded in the Office of the Recorder of Hamilton County,
Indiana,described as follows:
COMMENCING at the Southeast cornerr of said Southwest.Quarter-Section;thence North 0
degrees 54 minutes 02 seconds East 39.80 feet along the East line of said Quarter Section to the
prolonged North boundary of 106th Street;thence North 89 degrees 42 minutes 44 seconds West
56.70 feet along the prolonged North boundary of 106th Street to the POINT OF BEGINNING of
this description which is the point where the North boundary of said 106`h Street meets the West
boundary of Pennsylvania Street;thence North.89 degrees 42 minutes 44 seconds West 1330
feet along the North boundary of said 106th Street;thence North 00 degrees 54 minutes 02
;Exhibit."A Page:2 of 4
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seconds East 598.33 feet to the North line of the owner's land;thence South 89 degrees 35
minutes 43 seconds East 15.75 feet along said North line to the West boundary of said
Pennsylvania Street;thence South 01 degrees 08 minutes 05 seconds West 598.33 feet along the
West boundary of.said Pennsylvania Street to the POINT OF BEGINNING and containing 0.199
acres more or less.
AND ALSO EXCEPT that part conveyed to the City of Carmel,Indiana by a deed recorded
December 13,2007 as Instrument No.2007069057,described as follows::
A part of the Southwest Quarter of Section 2,Township 7 North Range 3 East in Hamilton
County,Indiana,described as follows:
COMMENCING at the Southeast corner of said Southwest Quarter;thence South 89 degrees 19
minutes 01 seconds West,along the South line of said Quarter.Section,a distance of 225.70 feet
to a prolonged west line of grantor's land;thence North 00 degrees 10 minutes 18 seconds East,
along said west line prolonged,a distance of 39.34 feet to the northern boundary of 106th Street;
thence North 89 degrees 10 minutes 30 seconds East,along said boundary,a distance of 98.57
feet to the PLACE OF BEGINNING;thence North 56 degrees 51 minutes 30 seconds East,a
distance of 3521.feet,thence North 37 degrees 51 minutes 32 seconds East,a distance of 38.44
feet;thence North 19 degrees 51 minutes 17 seconds East,a distance of 11.42 feet to the western
boundary of Pennsylvania Street;thence South 00 degrees 10 minutes 18 seconds East,along
said western boundary,a distance of 59.52 feet to the northern boundary of 106th Street;thence.
South 89 degrees 10 minutes 30 seconds West,along said northern boundary,a distance of 57.14
feet to the Place of Beginning,containing 0.030 acres(1,291 square feet),more or less.
PARCEL H:
Part of the Southwest Quarter of Section 2,Township 17 North,Rang e 3 East.in.Hamilton
County,Indiana,more particularly described,as follows:
.COMMENCING at the Southeast corner of the said Quarter Section;thence North 89 degrees 45
minutes 00 seconds West(assumed bearing)along the South line of the said Quarter Section a
distance of 225.70 feet to the Southeast corner of a Tract of Land described in a deed to K.S.M.
Realty,recorded in Deed Record 316,page 567,in'the Office of the.Recorder of Hamilton
County,Indiana;thence North 00 degrees 44 minutes 45 seconds East parallel with the East line
of the said Quarter Section and along the East line of said K.S.M.Realty Tract a distance of
39.34 feet to the POINT OF BEGINNING,being the intersection of said East line of said K.S.M.
Realty Tract with the North line of a Tract of Land described in a deed to the State of Indiana
recorded as Instrument 89-27932;thence continuing North 00 degrees 44 minutes 45 seconds,
East parallel with the East line of the said Quarter Section and along the East line of said K.S.M..
Realty Tract a distance of 360.66 feet to the Northeast corner of said K.S.M.Realty Tract;thence
Exhibit."A"Page 3 of 4
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North 89 degrees 45-minutes 00 seconds West parallel with the South'line of said Quarter
Section and along the North line of said,K.S.M..Realty Tract a distance of 13.00 feet;thence
South 00 deg rees 44 minutes 45 seconds West parallel with the East line of said Quarter Section
and the East line of said K.S.M.Realty Tract a distance of 360.07 feet to the North line of said
State of Indiana Tract;thence South 87 degrees 08 minutes 05 seconds East along the North line
of said State of Indiana Tract a distance of 13.01 feet to the POINT OF BEGINNING,containing
0..108 acres more or less.
PARCEL III:
Easements for pedestrian and vehicular access,ingress and egress and parking and drain age as set
out in and described in Reciprocal Easement Agreement by and between.North Meridian Street
Medical Center Limited Partnership and North Meridian Medical Realty Company dated
February 17, 1994 and recorded March 9, 1994 as Instrument.No. 94-11352 and Amendment to
Reciprocal.Easement Agreement dated March 7, 1994 and.recorded March 15, 1994 as
Instrument No 94-12202.
Exhibit"A"Page 4 of 4