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HomeMy WebLinkAbout969 Range Line Zoning Determination 19 July 2013JAMES BRAINARD, MAYOR July 19, 2013 Mr. Jon Dobosiewicz Nelson & Frankenberger, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 Re: Clarification - Zoning Determination; 969 Range Line Road, tax parcel no. 16- 10- 19- 00 -00- 023.001 Dear Mr. Dobosiewicz: This letter is follow -up to the Zoning Determination letter for the above referenced real estate, dated 8 July 2013. It is the intent of this letter to answer questions and further clarify development standards applicable in this instance of conflicting overlay zone requirements. It was previously determined that the US Highway 31 Overlay Zone is the primary governing zoning for this parcel via the provisions in Section 23.6.02 D. It was also previously determined that the Height and Yard requirements for this parcel shall utilize the underlying zoning per 236.08 D., in this case being the Carmel Drive - Range Line Road Overlay, Sections 23F.05 and 23F.06. The proper citation for this should be 236.08.01.1), Principal Buildings that are also located adjacent to any arterial (Range Line Road) shall be sited consistent with the Building Setback Line of the underlying zoning. To further clarify this directive, the applicable underlying zoning provisions which address Building Setback shall be: 23F.05.01— Build -to -Line (Minimum 0'; Maximum 10') 23F.06.01— Building on Range Line must front onto Range Line 23F.06.04— Building fronting on Range Line must have a primary entrance from Range Line By applying these specific provisions, the project is capable of achieving the broader design goals adopted in the US 31 Overlay Zone, along with the specific urban design goals of the Carmel Drive /Range Line Road Overlay. DEPARTMENT OF COMMUNITY SERVICES ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571.2417, FAx 317.571.2426 MICHAEL P. HOLLIBAUGH, DIRECTOR In addition, regarding the question of use limitations, specifically Retail and Service Uses; it is hereby determined the applicable provision for this instance is 23B.05.02.A (1), i.e. a single building within the US 31 Overlay Zone is allowed to utilize up to 15% of the gross floor area for Retail and Service Uses. Only on sites with multiple buildings do the provisions apply that allow up to 30% of a building to be Retail and Services Uses. This determination clarification shall supplement and supplant the previous Director's Determination as applicable. It will be final at 12:00 on Monday, August 19, 2013, and shall be subject to appeal up to that time, per Section 30.01 of Carmel's Zoning Ordinance. Please call (317 571 2417) or email (mhollibaugh @carmel.in.gov) with any questions or concerns regarding this. Very ruly yours, Michael P. Holliba Director, Carmel Dept. of Community Services Copy: Carmel Plan Commission file