HomeMy WebLinkAboutApplications: Variances Donahue-Wold, Alexia K
From: Donahue-Wold, Alexia K
Sent: Friday, May 03, 2013 5:35 PM
To: Donahue-Wold, Alexia K; Barnes, David R; Blanchard, Jim E; Boone, Rachel M.; Conn,
Angelina V; Duncan, Gary R; Foley, Amanda J; Hollibaugh, Mike P; John Molitor; Kass,
Joslyn; Keeling, Adrienne M; Littlejohn, David W; Lux, Pamela K; Maki, Sue; Martin, Candy;
Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Redden, Nick; Stewart, Lisa M; Thomas,
John G; Tingley, Connie S; Worthley, Matthew D
Cc: 'Kilmer, Roger A.'; 'steven.hardin @faegrebd.com'; 'bburke @hwcengineering.com'
Subject: RE: Docket No. Assignment: (V) Primrose Preschool at West Carmel, Lots 63-65 of North
Augusta Sec. 2 (#13030017-18 & 13040023-24 V)
All: The revised docket no. assignment email is below (and changes are in orange) to reflect the addition of 2
development standards variance for signage.
-Alexia Donahue Wold, Planning Administrator
From: Donahue-Wold,Alexia K
Sent: Tuesday, April 02, 2013 12:02 PM
To: Barnes, David R; Blanchard, Jim E; Boone, Rachel M.; Conn, Angelina V; Donahue-Wold, Alexia K; Duncan, Gary R;
Foley, Amanda J; Hollibaugh, Mike P; John Molitor; Kass, Joslyn; Keeling, Adrienne M; Littlejohn, David W; Lux, Pamela K;
Maki, Sue; Martin, Candy; Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Redden, Nick; Stewart, Lisa M; Thomas, John
G; Tingley, Connie S; Worthley, Matthew D
Cc: 'Kilmer, Roger A.'; 'steven.hardin @faegrebd.com'; 'bburke @hwcengineering.com'
Subject: Docket No. Assignment: (V) Primrose Preschool at West Carmel, Lots 63-65 of North Augusta Sec. 2
(#13030017-18 V)
I have issued the necessary Docket Numbers for (V) Primrose Preschool at West Carmel,Lots 63-65 of North
Augusta Sec. 2. They are the following:
(V) Primrose Preschool at West Carmel, Lots 63-65 of North Augusta Sec.2
The applicant seeks the following development standards variance approvals for a new preschool.
Docket No. 13030017 V ZO Ch.23C.10.02(2) Foundation Plantings
Docket No. 13030018 V ZO Ch.23C.10.02(3) Peripheral Plantings,eliminate north buffer
Docket No. 13040023 V ZO Ch.25.07.02-03b) Number of signs (2 proposed, 1 allowed)
Docket No. 13040024 V ZO Ch.25.07.02-03b) Sign not facing public right-of-way
The site is located at 3740, 3742, &3746 W 98th Street and is zoned B-3/Business and S-1/Residence (pending a
rezone to B-3)within the Michigan Road Overlay. Filed by Roger Kilmer of Faegre Baker Daniels on behalf of
Primrose.
Roger can be contacted at 317-569-4891 or at roger.kilmerPfaegrebd.com.
Filing Fees: Development Standards Variance: 1st Variance= $1,197.00
Each additional = $565*3 =$1695
Total Fees: $2892.00
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 for the variances.
2. Mailed and Published Public Notice needs to occur no later than May 3, 2013. Published notice is required
within the Noblesville Times. Get the public notice ad to the Times by 11:00a.m., two days prior to the
public notice deadline,in order for them to publish it on time (765-365-2316 or legals@thetimes24-
7.com). Note: the placement of a public hearing sign on the property is also required by the BZA Rules
of Procedure,Article VI,Section 6 (see application). Make sure the public notice meeting time to the
newspaper and neighbors reads 6 PM and the location reads City Hall Council Chambers.
3. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no
later than NOON, Friday, May 17,2013. 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,Friday, May 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, May 28,2013 agenda of the Board of Zoning Appeals Regular
Meeting under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of the
meeting for the Board's use (Sheet 10 of the application).On Ballot sheets, only fill out docket number,
petitioner,and date (Sheet 9). Ballot sheets must be collated.
7. Either the Petitioner or someone representing the Petitioner must be present at the meetings for the item to be
heard. If no one appears,it will be tabled.
Please refer to your instruction sheet for more detail
Planning Department's Preliminary Review Comments:petitioner.please complete the following:
1. Provide a copy of the Official List of Adjacent Property Owners from the Hamilton County Auditor's Office.
2. Please make checks payable to the City of Carmel.
3. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form.
4. Please provide filled out and notarized placement of public notice sign affidavit.
5. Please provide proof of notice from the Noblesville Times.
6. Please provide green signed return receipts from the certified mailings once you receive them.
7. Please consider locating the building closer to the street and locating the play areas to the rear of the site.
8. Additional review comments may be issued from the Planning/Zoning Department soon.
Please feel free to contact me if you have any questions.
Sincerely,
Alexia Donahue Wold
Planning Administrator
City of Carmel, DOCS
One Civic Square
Carmel,IN 46032
317.571.2417
awold@carmel.in.gov
EA Please consider the environment before printing this e-mail
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x/34 4
CITY OF CARMEL- BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE ;\'1,
FEES: Single Family (Primary Residence)$302 for the first variance, plus$93.00 for each additional see tio eA.
ordinance being varied. All Other$1,197 for the first variance, plus $565 for each additional sectiont gt.
ordinance being varied. Or, see Hearing Officer Option & Fees. • ;
•
DOCKET NO. /30 90 042 3 y DATE RECEIVED: -&9 c �%
1) Applicant: Primrose Preschool do Faegre Baker Daniels LLP
Address: 600 E. 96th Street, Suite 600, Indianapolis, IN 46240
2) Project Name: Primrose Preschool at West Carmel Phone: 317-569-9600
Engineer/Architect: Brandon Burke, HWC Engineering Phone: 317-347-3663 ext. 216
Attorney: Steven Hardin, Esq. Phone: 317-569-9600
Contact Person: Roger Kilmer Phone: 317-569-4891
Email: roger.kilmer @faegrebd.com; steven.hardin @faegrebd.com; bburke @hwcengineering.com
3) Applicant's Status: (Check the appropriate response)
(a)The applicant's name is on the deed to the property X (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: See Attached Owners List
Owner's address: Phone:
5) Record of Ownership:
Deed Book No./Instrument No. See Attached Owners List
Page: Purchase date:
6) Common address of the property involved: 3738, 3740, 3742, and 3746 West 98th Street, Carmel, IN 46032
Legal description: See Attached Exhibit A- Legal Description
Tax Map Parcel No.: See Attached Owners List
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).
See Attached Detailed Description of Request.
8) State reasons supporting the Development Standards Variance:(Additionally,complete the attached question
sheet entitled"Findings of Fact-Development Standards Variance").
See Attached Detailed Description of Request.
9) Present zoning classification of the property: B-3 and S-1 (B-3 pending)
10) Size of lot/parcel in question: 2.22+/- acres
11) Present use of the property: Vacant and single-family residential.
12) Describe the proposed use of the property: Preschool
13) Is the property: Owner occupied X Renter occupied X Other •
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this
property that would relate or affect its use for the specific purpose of this application? If yes, give date and
docket number,instrument no.,decision rendered and pertinent explanation. Pending approvals for
Replat, Rezoning, DP/ADLS, and Zoning Waiver.
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?
As soon as possible.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Franchisee of Primrose Preschools
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 understands that docket numbers will not be assigned until all supporting information has been
submitted to the Department of Community Services.
Applicant Signature: Date:
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.
Primrose Preschool of West Carmel
Owners List for Replat,ADLS, Zoning Waiver, and Variances
Parcel 1:
Douglas and Linda Head & Cherie Starnes
3740 West 98th Street
Carmel, IN 46032
Parcel Address: 3740 West 98th Street, Carmel, IN 46032
County Parcel No. 17-13-07-04-01-007.000
Warranty Deed Instrument No. 9557967
Legal.Description: Lot No. 65 in North Augusta, 2 11d Section, an addition in Hamilton County,
Indiana, as per plat thereof recorded in Deed Record 134, pages 411 —412 in the Office
of the Recorder of Hamilton County, Indiana
Date of Purchase: September 15, 1995.
Parcel 2:
Richard and Sherry Goodwin
943 Marwood Trails
Indianapolis, IN 46280
Parcel Address: 3742 West 98th Street, Carmel, IN 46032
County Parcel No. 17-13-07-04-01-006.000
Warranty Deed Instrument No. 8743565
Legal Description: Lot No. 64 in North Augusta, 2nd Section, a Subdivision in Hamilton County,
Indiana, being a subdivision of a part of the Southeast Quarter of Section 7, Township 17
North, Range 3 East,the plat of which is recorded in the Office of the Recorder of
Hamilton County, Indiana, in Deed Record 134, Pages 411 —412.
Date of Purchase: September 18, 1987.
Parcel 3:
Armtrust III, LLC
10654 Sunset Point Lane
Fishers, IN 46037
Parcel Address: 3746.West 98th Street, Carmel, IN 46032
County Parcel No. 17-13-07-04-01-005.000
Trustee's Deed Instrument No. 2011029142
Legal Description: Lot No. 63 in North Augusta, 2nd Section, an addition in Hamilton County,
Indiana, as per plat thereof recorded in Deed Record 134, pages 411 =412 in the Office
of the Recorder of Hamilton County, Indiana
Date of Purchase: June 9, 2011.
dms.us.52101044.01
Parcel 4:
Martin C. Devine
3738 West 98th Street
Carmel, IN 46032
Parcel Address: 3738 West 98th Street, Carmel, IN 46032
County Parcel No. 17-13-07-04-01-008.000
Warranty Deed Instrument No. 200400057452
Legal Description: Lot No. 66 in North Augusta, 2nd Section, an addition in Hamilton County,
Indiana, as per plat thereof recorded in Deed Record 134, pages 411 —412 in the Office
of the Recorder of Hamilton County, Indiana
Date of Purchase: August 4, 2004.
dms.us.52101044.01
DEPARTMENT OF COMMUNITY,SERVICES
Y i.
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` ' W. R�MEL IN ;01, A
CONSENT FORM
The undersigned, MAR r/N U. b E_vuj
being the owner of the property commonly known as .373B lJ. 91 t`` cr (ALAI EA ,d
hereby authorizes Primrose Schools and Faegre Baker Daniels LLP to file land development
petitions necessary for the aforementioned address.
This consent shall:
•
X remain in effect until revoked by a written statement filed with the Department of
Community Services of the City of Carmel, Indiana.
•
remain in effect until
By: (4 e.
Printed: AIAT//1 C. bL V I,V E
Title: Pizo t E-eTY ��.•�,v��
Date: `7t- Z r- 1013
STATE OF INDIANA )
)SS:
COUNTY OF ism on )
Subscribed and swor to before me this 21;1 day of ApYi l_
4,4 ‘,,‘‘
• Public Signatures
Printed Notary Name {
My Commission:-expires: f-O,,1 ID ,202-1 .
County of Residence: I Y 141el i 5
DMS US 5150426Iv1
Legal Description
Primrose School at West Carmel
Variances of Development Standards
Lots Numbered Sixty-Three (63), Sixty-Four (64), Sixty-Five (65) and Sixty-Six (66) in North Augusta,
2nd Section, an addition in Hamilton County, Indiana, as per plat thereof recorded in Deed Record
134, Page 411-412 and an Affidavit of Correction of Plat recorded March 18, 1958 in Book 51, Page
486 in the Office of the Recorder of Hamilton County, Indiana. Containing 2.22± acres.
•
dms.us.52109104.01
Amended Detailed Description of Requests
Primrose Preschool
•
Variances of Development Standards
Applicant, Primrose Preschool, represented by Steven Hardin, Esq., requests Variances of
Development Standards of the Carmel Zoning Ordinance ("Ordinance") regarding the
development of a preschool located at 3738, 3740, 3742, and 3746 West 98t Street, Carmel,
Indiana, in accordance with the site plans filed with this Application.
Details of Variance Requests:
1. Docket No. 13030017V
Required: Section 23C.10.02 (2) — Foundation Plantings surrounding the proposed
building.
Request: The Ordinance requires approximately 100 shrubs to be planted along the
building's foundation. Compliance with the Ordinance would result in the plantings being
located within designed play areas and would be accessible by the preschool's children,
resulting in potential dangers to the children and potential harm to the planting's health.
Primrose has redesigned its landscaping plan to relocate as many of the foundation plantings as
possible to other locations within the site. Primrose thus requests a variance from the
foundation plantings requirement, subject to compliance with the filed landscaping plan.
2. Docket No. 13030018V
Required: Section 23C.10.02 (3) — Peripheral Plantings.
Request: The Ordinance requires approximately 24 trees and 43 shrubs to be planted
along the site's north property line. Due to the factors set out below, Primrose requests a
variance from this requirement:
A. The peripheral plantings are intended to serve as a buffer between uses. In this case,
the abutting use north of the site is an existing, large-scale commercial center that is
approximately 195' from Primrose's north property line. The existing commercial
center is separated from this site by a.privacy fence, a row of evergreen trees, a pond,
a mound, and two more staggered rows of evergreen trees (as shown at on the
following aerial photo). A photo of the existing buffer looking from the commercial
center is provided on the following pages. Additional plantings on Primrose's
redevelopment site will not add to the already existing buffering and may affect the
site flexibility.
dms.us.52100956.01
3. Docket No. 13040023V
Required: Section 25.07.02-03(b)(1) — Number of Signs (1 sign per street frontage
permitted).
Request: The Ordinance permits one sign up to 75 square feet per "frontage." While the
building fronts on both 98th Street and Walnut Creek Drive, the Ordinance only recognizes 98th
Street as a "frontage" for signage purposes because Walnut Creek Drive is not a public street.
Primrose respectfully requests a variance to allow its modest identification wall sign to be placed
on its building façade facing Walnut Creek Drive in addition to its ground sign located on 98th
Street. Walnut Creek Drive serves a purpose very similar to a public street. While it is a private
drive, it is open to the general public and provides access to the travelling public throughout the
existing and planned commercial corridor (see Tab 3). In addition, Primrose's entrance to its
site will be located on Walnut Creek Drive. The combined signage area of the two signs is
approximately 70 square feet, less than the square footage permitted for one sign.
4. Docket No. 13040024V
Required: Section 25.07.02-03(b)(2) — Location of Signs (Signs must orient toward street
frontage).
Request: The Ordinance permits only signs oriented toward a street frontage. For the reasons
discussed above, Primrose requests a variance to permit a wall sign on the western facade
which faces Walnut Creek Drive.
•
dms.us.52100956.01
Donahue-Wold, Alexia K
From: Donahue-Wold, Alexia K
Sent: Tuesday, April 02, 2013 12:02 PM
To: Barnes, David R; Blanchard, Jim E; Boone, Rachel M.; Conn, Angelina V; Donahue-Wold,
Alexia K; Duncan, Gary R; Foley, Amanda J; Hollibaugh, Mike P; John Molitor; Kass, Joslyn;
Keeling, Adrienne M; Littlejohn, David W; Lux, Pamela K; Maki, Sue; Martin, Candy; Mindham,
Daren; Mishler, Nicholas F; Motz, Lisa; Redden, Nick; Stewart, Lisa M; Thomas, John G;
Tingley, Connie S; Worthley, Matthew D
Cc: 'Kilmer, Roger A.'; 'steven.hardin @faegrebd.com'; 'bburke @hwcengineering.com'
Subject: Docket No. Assignment: (V) Primrose Preschool at West Carmel, Lots 63-65 of North
Augusta Sec. 2 (#13030017-18 V)
I have issued the necessary Docket Numbers for (V) Primrose Preschool at West Carmel, Lots 63-65 of North
Augusta Sec. 2. They are the following:
(V) Primrose Preschool at West Carmel, Lots 63-65 of North Augusta Sec. 2
The applicant seeks the following development standards variance approvals for a new preschool.
Docket No. 13030017 V ZO Ch. 23C.10.02(2) Foundation Plantings
Docket No. 13030018 V ZO Ch. 23C.10.02(3) Peripheral Plantings,eliminate north buffer
The site is located at 3740,3742,&3746 W 98th Street and is zoned B-3/Business and S-1/Residence (pending a
rezone to B-3) within the Michigan Road Overlay. Filed by Roger Kilmer of Faegre Baker Daniels on behalf of
Primrose.
Roger can be contacted at 317-569-4891 or at roger.kilmer@aifaegrebd.com.
Filing Fees: Development Standards Variance: 1st Variance = $1,197.00
Each additional =$565*1 = $565
Total Fees: $1,762.00
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 for the variances.
2. Mailed and Published Public Notice needs to occur no later than May 3, 2013. Published notice is required
within the Noblesville Times. Get the public notice ad to the Times by 11:00a.m., two days prior to the
public notice deadline, in order for them to publish it on time (765-365-2316 or Iegals0thetimes24_
7.com). Note: the placement of a public hearing sign on the property is also required by the BZA Rules
of Procedure,Article VI,Section 6 (see application). Make sure the public notice meeting time to the
newspaper and neighbors reads 6 PM and the location reads City Hall Council Chambers.
3. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no
later than NOON. Friday, May 17, 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, Friday, May 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, May 28, 2013 agenda of the Board of Zoning Appeals Regular
Meeting under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of the
meeting for the Board's use (Sheet 10 of the application). On Ballot sheets, only fill out docket number,
petitioner,and date (Sheet 9). Ballot sheets must be collated.
7. Either the Petitioner or someone representing the Petitioner must be present at the meetings for the item to be
heard. If no one appears,it will be tabled.
Please refer to your instruction sheet for more detail
Planning Department's Preliminary Review Comments:petitioner,please complete the following:
1
1. Provide a copy of the Official List of Adjacent Property Owners from the Hamilton County Auditor's Office.
2. Please make checks payable to the City of Carmel.:
3. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form.
4. Please provide filled out and notarized placement of public notice sign affidavit.
5. Please provide proof of notice from the Noblesville Times.
6. Please provide green signed return receipts from the certified mailings once you receive them.
7. Please consider locating the building closer to the street and locating the play areas to the rear of the site.
8. Additional review comments may be issued from the Planning/Zoning Department soon.
Please feel free to contact me if you have any questions.
Sincerely,
Alexia Donahue Wold
Planning Administrator
City of Carmel, DOCS
One Civic Square
Carmel, IN 46032
317.571.2417
•
awold(Wcarmel.in.gov
Please consider the environment before printing this e-mail
Ted Tillman
Construction Project Manager
44 44%
3660 Cedarcrest Rd.
Acworth,GA 30101
(ph) 770-529-4100 ext.225
SCHOOL.- (fax)770-874-0210
The Leader in (cell)678-362-8306
Educational Child Caren
ttillman @pnmroseschools.com
www.PrimroseSchools.com
2