HomeMy WebLinkAboutApplication Donahue-Wold, Alexia K
From: Donahue-Wold, Alexia K
Sent: Tuesday, September 03, 2013 1:37 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: 'Elizabeth Bentz Williams'
Subject: RE: Docket No. Assignment: (Variance) Mayflower Park, Sec 7, Lot 1 (#13080012-13 V)
Hi Elizabeth,
Please note that there was a mistake in the fees listed for this project. I forgot to add the fee for the second variance.
The correct fees are highlighted below. Sorry for the confusion. Please let me know if you have any questions.
Thanks,
Alexia
From: Donahue-Wold,Alexia K
Sent: Monday, August 26, 2013 12:47 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: 'Elizabeth Bentz Williams'
Subject: Docket No. Assignment: (Variance) Mayflower Park, Sec 7, Lot 1 (#13080012-13 V)
I have issued the necessary Docket Number for(V) Mayflower Park, Sec 7, Lot 1. It will be the following:
(V) Mayflower Park, Sec 7, Lot 1
The applicant seeks the following development standards variance approvals:
Docket No. 13080012 V ZO CH:2.09 Compliance with the Transportation Plan, reduced ROW requested
Docket No. 13080013 V ZO CH:26.04 Reduced front bufferyard, 15 foot required,8 feet requested
The site is located at 4400 W 96th Street and is zoned I-1/Industrial. Filed by Elizabeth Bentz Williams with Clark, Quinn,
Moses, Scott &Grahn, LLP,on behalf of the owner.
Elizabeth can be contacted at(317)637-1321, or at ebwc clarkquinnlaw.com.
Filing Fees: Development Standards Variance Hearing Officer fee $627.50
Each Additional Variance $ 313.00
Total Fee: $940.50
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 August 30,2013. 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,August 30,2013. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition.
1
4. The Proof of Notice will need to be received by this Department no later than noon, Friday,September 6, 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 Monday,September 9,2013 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 the 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:
1. Please provide the list of adjacent property owners certified by the Hamilton County Auditor's Office.
2. Please make checks payable to the City of Carmel.
3. Public notice requirements - please provide the following:
a) Filled out and notarized placement of public notice sign affidavit.
b) Proof of Publication affidavit from the Noblesville Times.
c) Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form.
d) Green signed return receipts.
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(Wcarmel.in.gov
Please consider the environment before printing this e-mail
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Donahue-Wold, Alexia •
From: Donahue-Wold, Alexia K
Sent: Monday, August 26, 2013 12:47 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: 'Elizabeth Bentz Williams'
Subject: Docket No. Assignment: (Variance) Mayflower Park, Sec 7, Lot 1 (#13080012-13 V)
I have issued the necessary Docket Number for(V) Mayflower Park,Sec 7, Lot 1. It will be the following:
(V) Mayflower Park,Sec 7, Lot 1
The applicant seeks the following development standards variance approvals:
Docket No. 13080012 V ZO CH:2.09 Compliance with the Transportation Plan, reduced ROW requested
Docket No. 13080013 V ZO CH:26.04 Reduced front bufferyard, 15 foot required,8 feet requested
The site is located at 4400 W 96th Street and is zoned I-1/Industrial. Filed by Elizabeth Bentz Williams with Clark, Quinn,
Moses, Scott &Grahn, LLP, on behalf of the owner.
Elizabeth can be contacted at(317)637-1321, or at ebw@clarkquinnlaw.com.
Filing Fees: Development Standards Variance Hearing Officer fee$627.50
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 August 30, 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 a( 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,August 30,2013. 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,September 6, 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 Monday,September 9,2013 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 the 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:
1. Please provide the list of adjacent property owners certified by the Hamilton County Auditor's Office.
2. Please make checks payable to the City of Carmel.
3. Public notice requirements- please provide the following:
a) Filled out and notarized placement of public notice sign affidavit.
b) Proof of Publication affidavit from the Noblesville Times.
c) Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form.
1
d) Green signed return receipt. •
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
APlease consider the environment before printing this e-mail
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• • 4 ki
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PECEIVEtr-
CITY OF CARMEL- BOARD OF ZONING APPEALS AUG 21 213 !..
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE °�
P' Qr , -_
FEES: Single Family(Primary Residence) $302 for the first variance, plus$93.00 for each additional_sec io �o#the
ordinance being varied. All Other$1,197 for the first variance, plus$565 for each additional;section of they
ordinance being varied. Or,see Hearing ,Officer Option &Fees.
DOCKET NO. 30$OO l� L3 V DATE RECEIVED:
1) Applicant: IP9 Carmel Office Investors LLC, by Clark, Quinn, Moses, Scott& Grahn, LLP
Address: 320 N. Meridian Street, Suite 1100, Indianapolis, IN 46204
2) Project Name: 4400 W 96th St. Phone: 317-637-1321
Engineer/Architect: WSI Engineering Phone: 317-837-4950
Attorney: Michael P. Maxwell,Jr. Phone: 317-637-1321
Contact Person: Elizabeth Bentz Williams Phone: 317-637-1321
Email: ebw @clarkquinnlaw.com
3) Applicant's Status: (Check the appropriate response)
✓ (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. 2012-44599
Page: Purchase date: 8-6-2012 (transfer date)
6) Common address of the property involved: 4400 W. 96th St.
Legal description: See attached.
Tax Map Parcel No.: 17-13-17-00-10-010.000 and 17-13-07-00-21-003.000
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).
Ch. 20A. 07/26.02 Landscaping/yard requirements:To permit the existing yards with no additional
landscaping after the dedication of additional right of way on both W. 96th St. and Mayflower Dr.
and any future widening of the streets.
Ch. 2.09:To permit a 65' half right of way dedication along W. 96th Street in order to preserve
existing improvements. (less than required)
8) State reasons supporting the Development Standards Variance:(Additionally,complete the attached question
sheet entitled"Findings of Fact-Development Standards Variance").The petitioner is adding 17 parking
spaces to provide for tenant needs. Variances are required to accomplish site improvements and
to cooperate with the City by improving drainage and dedicating right of way.
• •
9) Present zoning classification of the property: I-1
10) Size of lot/parcel in question: 13.93 acres
11) Present use of the property: Industrial/Office Use
12) Describe the proposed use of the property: Same
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. No.
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: No.
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?
IP9 Carmel Office Investors LLC
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 Depart ent of Community S rvices.
Applicant Signature: , i/ lifia tvez. Date: 8/21/2013
The applicant certifies by s'•P ng this appli ion that he/she has been advised that all representations of the Department of
Community Services are advisory only an hat the applicant should rely on appropriate subdivision and zoning ordinance and/or
the legal advice of his/her attorney.
• •
Legal Description
TRACT 1:
PARCEL 1:
LOT 1 OF BLOCK 7 OF THE SUBDIVISION KNOWN AND DESIGNATED AS LOT 1 OF BLOCK 1,LOT 1 OF BLOCK 2,LOTS 1,
2,AND 3 OF BLOCK 3,BLOCK 5,LOTS 1 AND 2 OF BLOCK 6,LOT 1 OF BLOCK 7,MAYFLOWER PARK DRIVE AND 99TH
STREET,OF MAYFLOWER PARK,AN ADDITION IN HAMILTON COUNTY,INDIANA,AS PER PLAT THEREOF,RECORDED
SEPTEMBER 1Z 2000 AS INSTRUMENT NO.200000045587,PLAT 2,SLIDE 481,IN THE OFFICE OF THE RECORDER OF
HAMILTON COUNTY,INDIANA.CONTAINING 8.126 ACRES,MORE OR LESS.
BEING THE SAME PREMISES DESCRIBED AS FOLLOWS(PER THE SECONDARY FINAL PLAT FOR MAYFLOWER PARK
LOT 1 OF BLOCK 1,LOT 1 OF BLOCK 2,LOTS 1,2&3 OF BLOCK 3,BLOCK 5,LOTS 1&2 OF BLOCK 6 AND LOT 1 OF
BLOCK 7,MAYFLOWER PARK DRIVE&99TH STREET(INSTRUMENT#200000046587):
PART OF BLOCK 7 IN.MAYFLOWER PARK,THE SECONDARY CONDITIONAL PLAT OF WHICH IS RECORDED AS
INSTRUMENT#9809822612 IN THE OFFICE OF THE HAMILTON COUNTY RECORDER'S OFFICE,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:A PART OF THE SOUTHWEST QUARTER OF SECTION 7,TOWNSHIP 17
NORTH,RANGE 3 EAST,SECOND PRINCIPAL MERIDIAN,HAMILTON COUNTY,INDIANA,DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID QUARTER SECTION;THENCE NORTH 90 DEGREES 00 MINUTES
00 SECONDS EAST(ALL BEARINGS RECITED IN THIS DESCRIPTION ARE REFERENCED FROM THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SECTION 7,TOWNSHIP 17 NORTH,RANGE 3 EAST,THE BEARING OF WHICH BEING
ASSUMED AS NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST)ALONG THE SOUTH LINE OF SAID QUARTER
SECTION 1173.00 FEET THENCE NORTH 01 DEGREE 06 MINUTES 55 SECONDS WEST 217.00 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIPTION;THENCE NORTH 90
DEGREES 00 MINUTES 00 SECONDS WEST PARALLEL WITH SAID SOUTH LINE 90.43 FEET TO THE EAST UNE OFA
PROPOSED SIXTY FOOT RIGHT-OF-WAY;THENCE NORTH DO DEGREE 12 MINUTES 00 SECONDS EAST ALONG SAID
PROPOSED EAST LINE 489.00 FEET;THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST PARALLEL WITH
SAIDeSOUTH LINE 551.10 FEET;THENCE SOUTH 00 DEGREES 13 MINUTES 16 SECONDS WEST 705.96 FEET TO SAID
SOUTH LINE;THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG SAID SOUTH LINE 387.13 FEET;
THENCE NORTH 01 DEGREE 06 MINUTES 56.SECONDS WEST 217.00 FEET;THENCE NORTH 90 DEGREES 00 MINUTES
00 SECONDS WEST PARALLEL WITH SAID SOUTH LINE 68.30 FEET TO THE POINT OF BEGINNING.
CONTAINING 8.126 ACRES,MORE OF LESS.
PARCEL 2:
THOSE EASEMENTS AS SET FORTH IN DECLARATION OF COVENANTS AND EASEMENTS RECORDED JUNE 26,1997 AS
INSTRUMENT NO.9709725451,AS AMENDED BY FIRST LIMITATION OF DECLARATION OF COVENANTS AND EASEMENTS
DATED JUNE 18,1998 AND JULY 21,1998 AS INSTRUMENT NO.9809839556,IN THE OFFICE OF THE RECORDER OF
HAMILTON COUNTY,INDIANA.
TRACT 2:
•
LOT 2,BLOCK 7 IN SECONDARY PLAT FOR MAYFLOWER PARK LOT 3&4,BLOCK 6,AND LOT 2,BLOCK 7 AND A REPLAT
OF BLOCKS 6 AND 7,AS PER PLAT THEREOF RECORDED APRIL 28,2004,AS INSTRUMENT 200400027930,IN THE
OFFICE OF THE RECORDER OF HAMILTON COUNTY,INDIANA.
• •
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:
(Property wn r, Attorney, or Power of Attorney) Date
IP9 Carmel Office Investors LLC
(Please Print)
STATE OF ILLINOIS
SS:
County of Cook Before me the undersigned, a Notary Public
(County in which notarization takes place)
for Cook County, State of Illinois, personal appeared
(Notary Public's county of residence)
Joseph I. Neverauskas And acknowledged the execution of the foregoing instrument this
(Property Owner,Attorney,or Power of Attorney)
d t" day of iTU f- , 20 l3
4264f ltd)`(/
Notary Public—Signature
(SEAL)
411i .Cobk,
Notary Public—Please Print
ALLISON R COOK
'-ki OFFICIAL SEAL M y commission expires:
ires:
Notary Public,State of Illinois
My Commission Expires
September 21,2016
1.J
Page 6-filename:development standards variance 2013.docx rev.1/2/2013
• •
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE
Docket No.:
Petitioner: IP9 Carmel Office Investors LLC
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
Conditions are existing and not in violation; the need for variances are a result of the petitioner
dedicating right of way to the City of Carmel.
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 area will experience value added from drainage improvements proposed by petitioner and the
area will be improved by having right of way dedication to facilitate future roadway improvements.
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 petitioner is only asking for a building permit to construct 17 parking spaces. In working with
Planning and Engineering Depts., petitioner will make drainage improvements, donate to sidewalk
fund. dedicate rights of way on both Mayflower Dr. and 96th St. and create a drainage easement to
facilitate future improvements.
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 2013.docx rev.1/2/2013
• •
Development Standards Variance Application
CHECKLIST
Applications must include the following applicable materials:
❑ Completed application (typewritten),signed by the owner of the subject property or an authorized agent,
notarized, and filed at least 45 days prior to the next scheduled public hearing—two (2)copies
❑ Scaled Site plan (two copies)that includes:
1. Existing and proposed principal structures and accessory structures.
2. Parking plan.
3. Signage plan.
4. Lighting Plan, if applicable
5. Existing and proposed public rights of way(internal and adjoining).
6. Location of easements(utility, drainage, landscape, access, etc.)
7. Building setback lines.
8. Building coverage calculation;
9. Existing and proposed utility structures and systems. '.
❑ Photos and/or architectural building elevations of subject site and/or buildings.
❑ When applicable, prepare an estimated construction cost to comply with the Thoroughfare Plan &
Alternative Transportation Plan per Section 2.09. (Contact City Engineering Dept for more detail, at317-
571-2441.)
❑ Covenants and commitments, if any.
❑ When applicable, service reports from TAC members.
❑ Electronic copies of the plans and applications.
All documents must be legible and of the required size and scale. The omission of any of the material
indicated in the above checklist may lead to your petition being placed on a later docket, or not accepted for
filing.
Page 11 - filename:development standards variance 2013.docx rev.1/2/2013
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'ECEIVE0
rte AUG 1 2013 1"-
ate QOC j ,/
LETTER TRANSMITTAL '
To: Mike Hollibaugh Date Sent: August 15, 2013
Company: City of Carmel Job Number: 12-037
Address: Dept. of Community Services Description: Parking Lot Addition
City Hall, One Civic Square 4400 W 96th Street
Carmel, IN 46032 From: WSI Engineering
Phone: 317-571-2417 Telephone: 317.837.4950
Fax: 317-571-2426 Fax: 317.837.4930
Regular Mail ® Regular Courier ❑Rush Courier 1112Day Standard Overnight Priority Overnight
Message:
Mr. Hollibaugh,
Enclosed are the following documents pertaining to the revised parking lot addition at 4400 W 96th Street:
1 Revised Set of Plans
1 Revised Drainage Report
Please let us know if you have any questions or concerns.
Thank you!
WSI Engineering
WSI Engineering • 2680 East Main Street, Suite 200 • Plainfield, Indiana 46168. 317.837.4950