Loading...
HomeMy WebLinkAboutApplication • I Donahue-Wold, Alexia K From: Donahue-Wold, Alexia K Sent: Thursday, August 15, 2013 1:02 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; Matz, Lisa; Redden, Nick; Stewart, Lisa M; Thomas, John G; Tingley, Connie S; Worthley, Matthew D Cc: 'Ewing, Greg J' Subject: Docket No. Assignment: (SU) Church of Christ, Scientist, North Augusta Lots 21 &22 (# 13080008 SU) I have issued the necessary Docket Number for(SU) Church of Christ,Scientist, North Augusta Lots 21&22. It will be the following: (SU) Church of Christ,Scientist, North Augusta Lots 21&22 The applicant seeks the following special use approval for a church in an S-1/Residence Zone: Docket No. 13080008 SU ZO CH 5.02: Special Uses:Church in S-1 district The site is located at 9618 Shelborne Road and is zoned S-1/Residence within the Michigan Road Overlay. Filed by Greg Ewing of Bingham Greenebaum Doll, LLP on behalf of Third Church of Christ,Scientist, Indianapolis. Mr. Ewing can be contacted at 317-968-5447 or gewing @bgdlegal.com. FEES Special Use, Hearing Officer $627.50 Total fee due: $627.50 Filing Dates&Deadlines. Petitioner, please note the following: 1. This Item will not be on a meeting agenda of the Technical Advisory Committee (TAC). (The petitioner will work with each TAC member, individually, to address concerns&comments.) 2. Mailed and Published Public Notice needs to occur no later than September 13,2013. 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,September 13, 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 20,2013. 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 23,2013 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 Preliminarvflkiew Comments; petitioner please respo o the following: 1. Please provide filled out and notarized Placement of Public Notice Sign affidavit once the sign is in place. 2. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form. 3. Provide the filled out Notice of the Public Hearing before the BZA form. 4. Please provide proof of notice from the Noblesville Times, once you receive it. 5. Please provide green signed return receipts from the certified mailings once you receive them. 6. Please make checks payable to the City of Carmel. 7. How many seats are in the main place of assembly? 8. How many parking spaces are provided on site? 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 ftcarmel.in.gov Please consider the environment before printing this e-mail 2 • S < CITY OF CARMEL- BOARD OF ZONING APPEALS ® 1 APPLICATION FOR SPECIAL USE/SPECIAL USE AMENDMENT tc . � -j,(F) 4. Fee: $943.58-pies$125 pal acre ( J , U0a1. sa �, r DOCKET NO. 1308oC68 5V DATE RECEIVED: Third Church of Christ, Scientist, Indianapolis r '���. 1) Applicant: P Address: 4227 W. 96th Street, Indianapolis 2) Project Name: Church of Christ, Scientist -- 9618 Shelborne Phone&Fax: Engineer/Architect: Phone: Attorney: Matthew M. Price, Bingham Greenebaum Doll LLP Phone: 317-686-5225 Contact Person: Gregory J. Ewing, AICP Phone: 317-968-5477 Email: gewing @bgdlegal.com Fax: 317-236-9907 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: Ronald and Sherrill O'Cull Owner's address: 10432 Connaught Dr, Carmel, IN 46032 Phone: 5) Record of Ownership: Deed book No./Instrument No. 200000003229 Page: Purchase Date: January 19, 2000 6) Common address of the property involved: 9618 Shelborne Rd., Carmel Legal description: Lots 21,22 North Augusta, deed record 132, page 446 Recorder- Hamilton Co Tax Map Parcel ID No.: 17-13-07-04-04-009.000 and 17-13-07-04-04-010.000 7) State explanation of requested Special Use: Request church use at property zoned S-1 (residential). 8) State reasons supporting the Special Use: (Additionally,complete the attached question sheet entitled"Findings of Fact-Special Use"). Property has been used for a church for approximately 20 years, with an interior altered accordingly, and with a parking area existing. Additionally, the church membership will be relatively small and-innocuous. S-1 9) Present zoning of the property(give exact classification): 10) Present use of the property: vacant building (recent church use) Page 1— filename:special use application 2013.docx rev.01/02/2013 • 4 11) Size of lot/parcel in question: 1.68 acres 12) Describe the proposed use of the property: Church services and related meetings for a relatively small membership (approximatly 50 members). 13) Is the property: Owner occupied Renter occupied Other unoccupied, recently a church use 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, decision rendered and pertinent explanation. No 15) Has work for which this application is being filed already started? If answer is yes, give details: No. Building Permit Number: Builder: 16) If proposed special use is granted, when will the work Commer) ? As soon as possible following the Special Use grant. 17) If the proposed special use is granted, who will operate and/or use the proposed improvement for which this ap lication has been filed? Third Church of Christ, Scientist, Indianapolis (name will likely change to "Carmel") 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 no e assigned until all supporting information has been submitted to the Department of Community Services. • Applicant Signature:�a--[.��fc,�� � . 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. Page 2— filename:special use application 2013.docx rev.01/02/2013 • • 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: _ • __/ /0'1 iLA . -3(`(J 'roperty Owner, Attorne , or Power of Attorney) Date RNa..lcf © Cu- II Stied, (( © `C ff .. -- - . (Please Print) �.'-- STATE-OE-INDIANA SS: • County of a (S Before me the undersigned, a Notary Public (County in which notarization takes place) for IN 'l o lh County, State of Indiana, personally appeared (Notary Public's county of residence) • I �� r �t�' -� �(4.U' .LU.�.�_C ��-CX and acknowledge the execution of the foregoing instrument this (Property Owner, Attor y, or Power of Attorney) 151" day of )(..f PI , 20 13 1 Notary Public--Signa ur (SEAL) 3AAje - r, Li L E Notary Public--Please Print My commission expires: 0`C 3 Page 6 - filename:development standards variance 2012.doc rev.12282011 • • FINDINGS OF FACT -SPECIAL USE CARMEL/CLAY BOARD OF ZONING APPEALS (Petitioner to fill out 1-5) Docket No.: Petitioner: Third Church of Christ, Scientist, Indianapolis 1. The premises in question is particularly physically suitable for the proposed Special Use because: The property has been used for a church use since the 1990's and is located across from another church. 2. The Special Use will not injuriously or adversely affect economic factors,such as cost/benefit to the community and its anticipated effect on surrounding property values because: The property has been used for a church use since the 1990's and is located across from another church. 3. The Special Use will be consistent with social/neighborhood factors,such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity because: The property has been used for a church use since the 1990's and is located across from another church. Additionally, the size and scale of the church will inherently limit and minimize ay impact upon the neighborhood. 4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm drainage facilities and police and fire protection because: The property is already developed and public facilities and services have not been an historical concern or problem. 5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed because: The limited size and scale of the church will cause no adverse impact upon vehicluar and pedestrian traffic. DECISION Yes No: The Board has reviewed the requirements of Ordinance Z-160, Section 21.03 (1-26) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use. IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket Number 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; (Petitioner or his representative to sign). Page 10— filename:special use application 2013.docx rev.01/02/2013 • S EXHIBIT A LEGAL DESCRIPTION File No.: 637910 The land referred to in this Commitment, situated in the County of Hamilton, State of Indiana, is described as follows: Lot 21 and 22 in North Augusta, an Addition in Hamilton County, Indiana. as per plat thereof recorded in the deed record 132, page 446, in the Office of the Recorder of Hamilton County, Indiana. 7