HomeMy WebLinkAboutPacketRitz Charles
Docket Number
05090023 UV
For the Board of Zoning Appeals Agenda
October 24, 2005
Filed By'
E. Davis Coots
Coots Henke & Wheeler
for Ritz Charles
TABLE OF CONTENTS
·
Application for Board of Zoning Appeals Action / Use Variance
e
Findings of Fact
3~
Landscape Plan
,
Noise Abatement Plan
Environmental Sound Survey and-Feasibility Study
Elevation Photographs
.CITY OF CARMEL/CLAY TOWNSHIP
.HAMILTON COUNTy., INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
·
USE VARIANCE
FEE: $1,287.50, plus $103.00 per acre
DOCKET NO. DATE RECEIVED:
1) Applicant:_ Ritz. Charles (12156 .North Meridian LLC)
Address: 12156 North Meridian Street, Carmel, IN
46032
2)
3)
4)
Project Name. Ritz Charles Accessory Use
Engineer/Architect: N/A
Attorney: E.. Davis Coots
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:_
.
If Item 3) (c) is checked, please complete the following'
Owner of the property involved:
Phone' (317) 846-9158
Phone:
Phone:
(317) 844-4693
5)
Owner's address:
Record of Ownership'
Deed Book No./Instrument No.
9200780
Phone:
+ 200300046800
6)
Page: Purchase date:
Common address of the property involved'
Legal descriptiOn· See attached
1992
12156 North Meridian Street, Carme~ .
~ 4~0~2
· J.- L ~1 /, ........
17-09-35-00-00-005. 001
Tax Map Parcel No.'
7)
State explanation of requested Use 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 appeal).
,S~e attached Statement of Variance.
Page 1 of 8 - Z:\shared\forms\BZA applications\ Use Variance Application rev. 08/05/2005
8)
State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact-Use Variance").
9)
10)
11)
12)
Present zoning of the property (give exact classification): ]3- 6
Present use ofthe property: Meeting / Party Hall
Size of lot/parcel in question: 10 A
Describe the prOposed use of the property: Receptions with music
enclosed canvass
,,
November 1) .
acres
to be held in an
accessory use on a seasonal basis (April 1 through
13)
14)
Is the property: Owner occupied XX
Renter occupied
Other
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.
'~5)
16)
Has work for which this application is being filed already started? If answer is yes, give details:
The structure has been in use 2 ,seasons (2004-2005)
Building Permit Number: ~.~/A
Builder:
If proposed appeal is granted, when will the work commence?
On a seasonal basis - April 1 through NOvember
17)
If the proposed appeal 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 Indianapolis Star 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.
Page 2 of 8 - Z:~shared\forms\BZA applications\ Use Variance Application rev. 08/05/2005
LEGAL NOTICE to ail 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. AGAIN, THIS
TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that Docket Numbers will not be assiqned until all supporting information has been
submitted to the Department of Community Services.
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.
I, , Auditor of Hamilton County, Indiana, certify that the attached
affidavit is a true and complete listing of the adjoining and adjacent property owners concerning Docket No.
OWNER ADDRESS
EXAMPLE ONLY:
Formal list request sheet & official list may
be acquired form the Hamilton County
Auditor' s Office (776-8401).
AUDITOR OF HAMILTON COUNTY, INDIANA
Page 3 of 8 - Z:~shared\forms\BZA applications\ Use Vadance Application rev. 08/05/2005
AF, FIDAVIT
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 headngs and testi~/~o~.,(y.,~~~~
Signed:
Property Owner, Attorney, or Power of Attorney
E. Davis Coots
(Please Print)
STATE OF INDIANA
SS:
County of HAMILTON
(County in which notarization takes place)
Before me the undersigned, a Notary Public for mlL--T .
(Notary Public's county of residence)
County, State of
Indiana, personally appeared ~_ n~VT.q (-'nr~m.q and acknowledge the execution of
(Property OWner,--~tt-o~-n~y, or Power of Attorney)
the foregoing instrument this
"'~~tary P u bi icing n at'b"~'~
Notary Public--Please Print
My commission expires:
Page 4 of 8 - Z:\shared\forms\BZA applications\ Use Variance Application rev, 08/05/2005
New Tract IV- From Instrument Number 9200780
,.
Part of the East Half of the North~~~uarter of Section 35, Township ~ 8 North, Range
3 E~st, Hamilton Counht, Indiana, and being moro particularly described as follows:
Beginning at a point on the West line of said half-quarter seotion North 00 degrees 01
minutes OB seconds West (assumed basle of bearings) 206.50 feet from the Southwest
corner thereof; thence continue North 00 degrees 01 minutes 06 seconds West, on and
along said West line, '140,00 feet; thence North 88 degrees 52 minutes 25 seeonds East
parallel to the Smrth line of said half-quarter sections, 400.44 feet; thence South 00
deyr~ 03 minutes 40 seconds West, parallel to the West figh~ of way line of U.S. 3i
as it'now exists, 140.00 feet; thence South 8§ degrees 52 minutes 25 seconds West,
parallel to said South fine, 400.25 feet to the Point of Beginning.
STATEMENT OF VARIANCE
7. § 17.3 provides "Accessory uses or buildings customarily and purely incidental to the
use allowed (meeting hall/party hall) are permitted."
'I-'he outdoor reception area (the Garden Pavilion) was included in the approval granted by
the Plan Commission under Docket # 37-03 ADLS in May, 2003.
§ 10.00.02 B provides that once approved by the Commission, the ADLS shall not be
materially altered without the Commission approval.
Petitioner has erected a temporary structure (April 15 through October 31) to enclose
receptions and wedding parties held at the Garden Pavilion. The enclosure is 95' (east to west) and
50' (north to south). The sides are 10' above ground level and the highest point is 25'. The structural
members match the existing color scheme of the primary building has permanent self-closing doors.
The facility is removed and stored from November 1 through April 14.
The variance sought is to permit the erection and use of the structure during the period o~
April 15 through October 31.
M:~Edc~RITZ CHARLES - LAZARRA. 15090\STATEMENT OF VARIANCE.wpd
Docket No.:
CARMEL/CLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
05090023 UV
Petitioner: Ritz Charles (12156 North Meridian LLC)
,
o
,
o
FINDINGS OF FACT- USE VARIANCE
The grant of this variance will not be contrary to the public interest, due to the
existence of special condition(s) such that enforcement of the zoning ordinance will
result in unnecessary hardship because:
The Petitioner has operated a banquet / reception business at this location for more than
twenty (20) years. Having available an enclosure for outdoor events in the event of
inclement weather assists both petitioner and patrons. Without the tempora~ structure, a
hardship would exist.
The grant of this variance will not be injurious to the public health, safety, morals and
general welfare of the community because:
The Ritz Charles has legally constructed an outdoor garden pavilion for parties and
receptions. Granting a variance to enclose (partially) the garden pavilion will enhance the
ability to use the pavilion without negative impact.
The use or value of the area adjacent to the subject property will not be substantially
affected in any adverse manner because:
Adjacent property will not be adversely affected because the use of the real estate is already
established and maintaining a temporary_ structure seasonally is consistent with activities
currently being conducted on the premises. Noise levels will be regulated to Carmel's noise
ordinance.
The need for the variance arises from a natural condition peculiar to the subject
property because:
The need for the temporary_ structure arises from the garden pavilion's continued use during
inclement weather.
The granting of this variance does not substantially interfere with the Carmel/Clay
Comprehensive Plan because:
The grant of this variance does not deviate from the Comprehensive Plan because the use of
the property as a banquet / reception facility is established and permitted in the B-6 zone
classification.
PLANT KEY
BOTANICAL NAME OOMMON NAME SIZE SPACING
K1077~' All/,d~,~, P,n~/~ ~/mn~pbn~ o~ ~m¢/,mc o£ III,no,~ ~ u:n~&'on
· j-zr~nn fol~
ll-O
3Z-
LANDSCAPF PLAN
·
SCALE 1'-20'
RITZ CHARLES
12156 MERIDIAN STREET
INDIANAPOLIS, INDIANA 48032
.......... I-I-A
4~- O
PERENNIAL KEY
RITZ CHARLES INC.
GARDEN PA VILION NOISE
ABA TEMENT PLA N
Goals: Establish criteria for monitoring, designing, and implementing
a
long-term plan for noise abatement at the Ritz Charles Garden
Pavilion, Carmel Indiana.
Sources: A comprehensive study was compiled by Unger Technologies
Inc. recognized sound abatement specialists. Field testing,
design, and sound pathing guidelines were established to
produce acceptable levels of decibel readings. (see Unger
white papers)
Plan:
Ritz Charles will implement the following plan as the Garden
Pavilion re-opens in April of 2006.
Design, purchase and install sound system with governed sound
level maximums that comply with compiled decibel readings in
Unger findings.
· Require all entertainment to use the house sound system.
· Direction speakers downward to dance area from ceiling area to
establish base line sound path.
· Keep west end walls closed at all times.
Install additional landscaping,(see landscape plan), to eliminate
sight lines from West, East, and Southern boundaries of Pavilion.
· Install reading meter for voice events and audio visual events not
using recorded music amplification.
· Model event contracts to include noise decibel ordinance
requirements and compliance.
TECHNOLOGIES ~
Specializing in Acoustics, Noise & Vibration Control
297 N. 9TM Street Ph: 317.774.1900
Noblesville, IN 46060 Fx: 317.774.1911
info@eNoiseControl.com
Charles Lazzara
Ritz Charles
12156 North Meridian Street
Carmel, IN 46032
5 October 2005
Reference:
Ritz Charles
Environmental Sound Survey and Feasibility Study
Dear Charles:
As requested, we have reviewed the outdoor entertainment pavilion set up and its
relation to property lines and amplified music. The following presents a summary of
our sound analysis and recommendations.
SUMMARY OF ISSUES
An entertainment pavilion is being used for gatherings of people typically with
amplified recorded music. Ritz Charles has contracted Unger Technologies to
accomplish several tasks including: sound survey (near field and property line),
assessment of sound levels, comparing sound levels to existing city codes, provide
maximum sound level requirements at the pavilion that would correlate to sound level
values below city codes, and feasible sound control measures at Ritz Charles
property.
NOISE CRITERIA
TO develop noise control recommendations, a standard for the maximum permissible
noise levels must be established. Per our research and experience there are no
applicable state ordinances that apply to the noise from this pavilion. This should be
confirmed by legal counsel. Ritz Charles did provide Unger with documentation
labeled "Noise Regulations" from the City of Carmel (See Attachment A). This
document has common language associated with nuisance noise (i.e. loud car
stereos, lawn mowers, power tools, fireworks etc.). Ritz Charles is a commercial
property that adjoins residential property and in my opinion the "Noise Regulations"
................... vi. ,~.~r..,.j,,.~l] ~,,,.,. w,,~ ,tv j,~,~,..,l ~,l,J,,~UtUl %.,~(;4g~,,~. '~,/%,/IIIIIIIIGLIUII OIIUMIU iJ~::; k.,UIIIIIIIIt~lJ
with legal counsel. If you want to discuss the details on my assessment of the
document, I would be glad to explain further.
In the absence of a local noise ordinance, we recommend noise criteria based on
experience with similar property line arrangements around the country. Noise codes
vary from state to state and locality to locality, but we find that the following general
limitations apply (we recommend that Ritz Charles comes to an agreement with the
City to establish this base line criteria. Our analysis will be based on the below
assumed requirements):
· Requirements for daytime noise levels typically range from 55 to 66 dB(A) at
the residential property line;
· Requirements for nighttime noise levels typically range from 45 to 55 dB(A)
at the residential property line;
We find that the most common code requirements, and levels which we consider to
be very reasonable, are for 50 dB(A) nighttime and 55 dB(A) daytime, where
measurements are taken at the property line of the affected residence. The
delineation between day/night typically is from 10:00 pm to 7:00 am.
Unger would assume that parties continue past 10:00pm thus the nighttime noise
criteria to be the appropriate baseline for this investigation.
For the purpose of our analysis, we have used the following noise spectrum to
achieve the 50 dB(A) noise level at the property line:
OCTAVE BAND CENTER
FREQUENCY (HZ) 63HZ 125ZH 250HZ 500HZ 1KHZ 2KHZ 4KHZ 8KHZ
sound pressure level
50 dB(A) 64 56 50 46 41 39 38 37
This is a "balanced" spectrum, meaning that no particular frequency range is
subjectively dominant; this tends to result in a less obtrusive sound quality.
ANALYSIS OF NOISE LEVELS
The pavilion in question is located on the South side of the property. The property
line in questions is between the Ritz Charles and the neighboring residence is
approximately 310 ft. away to the West. Both properties are on the same elevation.
The basis for our analysis is the base line guidelines addressed above with 50 dB(A)
being a target maximum level of sound.
The amplified music is the sound source for this application. Ritz Charles has full
control of the amplification of this noise. For Ritz Charles to better monitor the sound
levels to achieve a dB(A) level 50 or under, we have calculated the following
maximum sound level readings to be achieved at a fixed measuring point on the
pavilion (see Attachment B) located in the southwest corner of the concrete pad.
OCTAVE BAND CENTER
FREQUENCY (HZ) 63HZ 125ZH 250HZ 500HZ 1KHZ 2KHZ 4KHZ 8KHZ
Maximum noise levels
located at point Y: 74
dB(A)
72 63 61 66 69 67 64 63
As indicated in the table, Ritz Charles should target a maximum decibel (dBA)
measurement at 74 at point Y on the pavilion which would correlate to a maximum 50
dB(A) level at the property line. Unger will outline some potential recommendations
to help achieve these levels.
ADMINISTRATIVE AND ENVIORNMENTAL RECOMMENDATIONS
Recommendations:
· Strategically position speakers directionally toward your target audience -
the dance floor. This will allow most of the sound energy to be distributed to
the patrons and less to the property line.
· Along with directivity, positioning the speakers closer to the target audience
would allow for the patrons to have their desired sound levels and less sound
contributing to the property line.
· We would recommend that the Disc Jockey "pot down" or "cut off"
frequencies below 250Hz (i.e. lower gain on subwoofers). These lower
frequencies tend to travel further and thus do not decay as rapidly as higher
frequencies over distance (such to the property line). By lowering the Iow
frequencies, you are more apt to be in compliance with code.
· Having the speaker equipment governed to not exceed an agreed upon
(code) decibel level would be appropriate for this application and could solve
any human error associated with volume control.
In regards to sound path control:
a. If feasible, close modular walls on West side of Pavilion. Obviously,
closing more walls or erecting sound barriers near the source would
potentially help lower sound levels also --- this may not be feasible or
defeat the whole purpose of the outdoor venue
the new proposed road (near property line). We would anticipate a 15'
high berm having minimal effect on lower the noise levels - perhaps 1 to
3 dB(A). If the berm did block the line of site, studies suggest, this would
provide psychological improvement on the perceived noise levels.
Discussions did take place regarding planting landscaping (i.e. pine
trees, shubs, etc.) located near the new proposed road (near property
line). A narrow row of landscape 5-15' in depth would be acoustically
transparent and do little to lesson the noise. The landscape would need
to be very dense and a minimum of 50' in depth to provide up to 5 dB(A)
improvement. I do not view this as feasible. Yet, if the landscape did
block the line of site, studies suggest, this would provide psychological
improvement on the perceived noise levels (same discussion above with
the berm).
This concludes our recommendations at this time. Should you have any comments
or questions, please do not hesitate to call.
Regards,
Jeff Unger
President
cc: file/Ritz
ATTACHMENT "A"
6-158 Noise Regulations.
(a) No person shall play, use or operate any machine or device for the producing or
reproducing of sound, including, but not limited to, loudspeakers, radios, CD players, television
sets, musical instruments, phonographs and cassette players, nor any other machine or tool that
produces sound, nor shall any person operate any motor vehicle that contains a modified or
defective exhaust system, if such machine, tool or vehicle is located in or on any of the
following:
(1) Any public property, including any public right-of-way, highway, building,
sidewalk, public space, park or thoroughfare and the sound generated therefrom is (A) audible 40
feet or more from its source, or (B) is at a level of 90 decibels or more when measured on a
dB(A) scale from a distance of not less than six feet from its source; or
(2) Any private property and the sound generated therefrom is (A) audible 40 feet or
more outside of said private property line, or (B) is at a level of 90 decibels or more when
measured on a dB(A) scale from a distance of not less than six feet from said private property
line.
(b) The following are exempted from the provisions of this section:
(1) Sounds emitted from authorized emergency vehicles.
(2)
go-carts
Lawn mowers, weed blowers, garden tractors, construction and repair equipment,
and power tools, when properly muffled, between the hours of 6:00 a.m. and 10:00 p.m. only.
(3) Burglar alarms and other warning devices when properly installed, providing the
cause for such alarm or warning device sound is investigated and turned off within a reasonable
period of time.
(4) Parades, festivals, carnivals, fairs, celebrations, concert performances, band and
drum corps performances, and artistic performances, as well as any rehearsals for same, and all
other events authorized by the Board of Public Works and Safety or other appropriate
governmental entity.
(5) Attendant noise connected with the actual performance of athletic or sporting events
and practices related thereto.
(6) The emission of sound for the purposes of alerting persons to the existence of an
emergency, or for the performance of emergency construction, repair or other work.
(7) Sounds associated with the use of legal fireworks.
(8) Sounds associated with the use of the Carmel Police Department Firing Range.
(9) Sounds associated with the normal conduct of legally established non-transient
businesses, organizations and governmental entities, when such sounds are customary, incidental
and within the normal range appropriate for such use.
(10) Rubbish collection utilizing any mechanical equipment between the hours of 6:00
a.m. and 9:00 p.m. only.
(11) Subject to the other provisions of this section, and any other applicable !aw, rule or
regulation, those sounds associated with motor vehicles lawfully operating on City streets.
(12) Sounds associated with equipment or animals lawfully utilized by handicapped
persons to accommodate their handicap.
(13) Sounds associated with the operation of aircraft or snow removal equipment.
(c) No person shall keep any animal, other than a service animal lawfully used by a
handicapped person to accommodate his handicap, which, by causing frequent or long-
continuing noise that is audible 40 feet or more from its source when the animal is on public
property or 40 feet or more outside of a private property line when the animal is on private
property, does disturb the comfort or repose of any other person.
(d) Any person who violates the provisions of this section shall be guilty of an infraction,
punishable by a fine of not more than:
First offense Up to $ 250
Second offense Up to $ 500
Third offense Up to $1,000
Fourth and subsequent
offenses
Up to $2,500
(e) The Carmel City Court shall be the court of proper venue and jurisdiction for the
enforcement of this section.
(f) Citations for violation of this section may be issued by any sworn member of the
Carmel Metropolitan Police Department and, additionally, in or on Carmel Clay Schools
property only, by any sworn special police officer appointed under I.C., 36-8-3-7 to serve the
Carmel Clay Schools.
('91 Code, § 6-158) (Ord. D-1416-99, 8-2-99; Ord. D-1447, 12-20-99)
ATTACHMENT "B"
· - Snapshot results-
Record numlx~r
Record end
Record duration
Overload ·occurred
Low battery ~vccurred
Band (Hz)
Broadband
Broadband
12
16
2[)
25
__
3.2
4O
63
1(t0
125
160
20()
250
315
4f)0
630
Ik
lk6
2k
3ki5
4k
5k
6k3
8k
10k
12k5
16k
20k
5:7
09/01/2005.11:00:33
(~..0 00:(10:12
No
No
Fw Leq .(dB)
L 74,8
A 56.6
L, 58~4
L 55.6
L 52.:t
L 52.9
L 58.0
L 5'7.3
L 61.7
L 61.3
I.. 58.7
L 54,4
L 60.3
L 63.5
L 57.0
L 46.6
L 45..3
L 50.1
L 48,3
L 46.3
L 44.8
L 45~0
L 42.3
L. 42.9
L 40~0
L 38.6
L 41.1
L 39.7
L 4().7
L ~37.3
L 42.4
L 32,9
SPLMAX F (dB)
8.3.5
6I:.8
69,2
64·.9
59.8
57..7
64.5
64.1.
67.4
68.2
65.3
58.9
69.2
7'3,3
63.9
51..5
51..4
56,2
53.8
58,8
5;3.8
54..0
50.1
47.7
45.3
44,0
48.6
43..3
44.0
40,5
44.6
35.7
25~1
·
: Sn.ap~hot results-
Record number
.Record cnd
Record duration
Overload occurred
lx)w baltery occurred
Band (Hz)
Broadband
Broadband
16
2O
25
32
4¢3
50
63
80
I00
125
t6(.t
21)(1
25(:3
315
4tt0
500
630
80O
Ik
lk25
I k6
2k
2k5
3k15
4k
5k
6k3
8k
1
12k5
16k
2."2
09t01 t2005 11:07:50
000 00:00:08
Yes
No
Fw Lc, q (dB) SPLMAX F (dB)
L 9.1.,9 96.4
A 88,8 95.t
L 50.1 55.2
L 51.(} 57,2
L 52.8 58.0
t. 53.5 58.6
L 56.9 62.5
L 62.6 73.0
L 62.8 71.7
L :77.3 84.1
L 77.7 84.6.
L 81.0 87.7
L 81.7 88.8
L 79.8 85.7
L 77,5 83.2
.L 78.4 87,9
:L 81.9 89.6
L 80.9 89.2
L 77.0 84.2
L 76.2 82.4
L 74.9 8.1.4
L 83.8 9'2.9
L 76.0 84,0
L 73.7 80.3.
L 73.6 79,9
L 74.1 79.8
L 78.8 843
L 74~6 80.3
L 73,4 8().1
L 72.5 80.0
L 77~6 86~2
L 74.0 81.0
L 67.3 73,2
L 59.5 65..3
L 48.8 57. I.