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HomeMy WebLinkAboutApplication Donahue-Wold, Alexia K From: Donahue-Wold, Alexia K Sent: Thursday, January 16, 2014 3.13 PM To: Donahue-Wold, Alexia K Subject: RE: Docket No.Assignment: (V) Gateway Shops, Sun/Mundy One, Two, Three Subdivision (# 13120014-18 V) From: Donahue-Wold, Alexia K Sent: Thursday, January 16, 2014 9:51 AM To: Barnes, David R; Blanchard, Jim E; Conn, Angelina V; Duncan, Gary R; Foley, Amanda J; Haney, Douglas C; Hollibaugh, Mike P; John Molitor; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel 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 Cc: 'wniemier @sandordev.com' Subject: RE: Docket No, Assignment: (V) Gateway Shops, Sun/Mundy One, Two, Three Subdivision (#13120014-18 V) Please see the updated fees below as 2 variances were withdrawn because it was determined the petitioner meets the requirements. Thanks, Alexia Donahue-Wold From: Donahue-Wold, Alexia K Sent: Friday, December 20, 2013 6:00 PM To: Barnes, David R; Blanchard, Jim E; Conn, Angelina V; Donahue-Wold, Alexia K; Duncan, Gary R; Foley, Amanda J; Haney, Douglas C; Hollibaugh, Mike P; John Molitor; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel 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 Cc: 'wniemier @sandordev.com' Subject: Docket No. Assignment: (V) Gateway Shops, Sun/Mundy One, Two,Three Subdivision (#13120014-18 V) I have issued the necessary Docket Numbers for(V) Gateway Shops,Sun/Mundy One,Two,Three Subdivision. They are the following: (V) Gateway Shops,Sun/Mundy One,Two,Three Subdivision The applicant seeks the following development standards variances for a new retail building. Docket No. 13120014 V ZO CH: 23C.08.03B MIN REAR YD 15 FT,4 FT REQUESTED Docket No. 13120015 V ZO CH: 23C.09.D 8 FT DEEP PROJECTIONS EVERY 60 FT, 1 PROJECTION AT 2 FT DEEP REQUESTED Docket No. 13120016 V ZO CH: 23C.10.02.2 10FT WIDE FOUNDATION PLANTINGS,3 FT WIDE REQUESTED ALONG FRONT OF THE SIDEWALKS .. REQUESTED-�� IT RAWN Docket No. 13120018 V ZO CH:23C.10.03.5 PARKING LOT PERIMETER PLANTING,6 FT WIDE PERIMETER WITHDRAWN The site is located at 10679 N Michigan Rd, and is zoned B-2 within the Michigan Rd Overlay. Filed by William Niemier with Sandor on behalf of 106 Michigan Realty. Bill can be contacted at(317)524-7820, or at wniemier @sandordev.com. Filing Fees: Development Standards Variance: 1st Variance = $1,197.00 Each additional,$565 x 2 =$1130.00 Total Fees: $2327.00 Filing Dates&Deadlines. 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They are the following: (V) Gateway Shops,Sun/Mundy One,Two,Three Subdivision The applicant seeks the following development standards variances for a new retail building. Docket No. 13120014 V ZO CH: 23C.08.03B MIN REAR YD 15 FT,4 FT REQUESTED Docket No. 13120015 V ZO CH: 23C.09.D 8 FT DEEP PROJECTIONS EVERY 60 FT, 1 PROJECTION AT 2 FT DEEP REQUESTED Docket No. 13120016 V ZO CH: 23C.10.02.2 10FT WIDE FOUNDATION PLANTINGS, 3 FT WIDE REQUESTED ALONG FRONT OF THE SIDEWALKS Docket No. 13120017 V ZO CH: 23C.10.03. PARKING LOT INTERIOR LANDSCAPING,4 ISLANDS REQUIRED, 1 REQUESTED Docket No. 13120018 V ZO CH: 23C.10.03.5 PARKING LOT PERIMETER PLANTING,6 FT WIDE PERIMETER PLANTING AREA,0 FT REQUESTED The site is located at 10679 N Michigan Rd,and is zoned B-2 within the Michigan Rd Overlay. Filed by William Niemier with Sandor on behalf of 106 Michigan Realty. Bill can be contacted at(317)524-7820, or at wniemier@sandordev.com. Filing Fees: Development Standards Variance: 1st Variance= $1,197.00 Each additional,$565 x 4= $2260.00 Total Fees: $3457.00 Filing Dates&Deadlines. Petitioner.please note the following: 1. These items do 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 January 3,2014. 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,January 17, 2014. 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,January 24, 2014. 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,January 28,2014 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 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 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 once you receive it. 6. Please provide green signed return receipts from the certified mailings once you receive them. 7. Additional review comments may be issued from the Planning/Zoning Department. 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 IA Please consider the environment before printing this e-mail 2 CITY OF CARMEL- BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE SEC WED FEES: Single Family(Primary Residence)$302 for the first variance, plus$9300 for each addit.f ,.,l section+of the 0 ordinance being varied. All Other$1,197 for the first variance, plus$565 for each addition._� -ction ordinance being varied. Or see Hearing Officer Option & Fees. ° DOCKET NO. 131Q0oH \/ DATE RECEIVED. December 13, 2013, � _ o " 1) Applicant: 106 Michigan Realty LLC Address: 10689 N. Pennsylvania Street,Suite 100, Indianapolis, IN 46280 2) Project Name: Gateway Shops Phone: 317-524-7820 Engineer/Architect: Versatile Construction Group, LLC Phone: 317-535-3579 Attorney: William T.Niemier Phone. 317-524-7820 Contact Person: William T.Niemier Phone. 317-524-7820 Email: wniemier@sandordev.com 3) Applicant's Status: (Check the appropriate response) X (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 2008-001640, Recorded 01-10-2008 Page: Purchase date: 6) Common address of the property involved: 10679 N. Michigan Road Legal description. See Attached Tax Map Parcel No.: 17-13-06-00-12-003.000 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). See Attached List 8) State reasons supporting the Development Standards Variance:(Additionally,complete the attached question sheet entitled"Findings of Fact-Development Standards Variance"). See Attached List i► • 9) Present zoning classification of the property: B2 l✓`it,) Nit 10) Size of lot/parcel in question. 180' x 120' Approximately 0.5 Acre acres 11) Present use of the property: Parking Lot 12) Describe the proposed use of the property. Approximately 11,874 square foot building for retail/restaurant shops. 13) Is the property' Owner occupied X 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 N/A Builder: 16) If proposed appeal is granted,when will the work commence? April, 2014 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Owner will build its building for use by retail/restaurant tenants. 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 ar`e 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. �j/� Date. 12-13-13 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 oo'r • William Niemier I General Counsel 10689 N.Pennsylvania St.,Suite 100,Indianapolis,IN 46280 P 317.524.78201 F 317.927.0723 wniemier @sandordev.com I www.sandordev.com 7. • • 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. 106 Michigan Realty LLC Signed: � qA-e—.,e,�� 12-13-13 (Property Owner,Attorney, or Power of Attorney) Date William T. Niemier (Please Print) STATE OF INDIANA SS County of Hamilton Before me the undersigned,a Notary Public (County in which notarization takes place) for Hamilton County, State of Indiana, personally appeared (Notary Public's county of residence) William T. Niemier and acknowledge the execution of the foregoing instrument this (Property Owner,Attorney, or Power of Attorney) 13th day of December ,20 13 Notary Public--Signature - ' " (SEAL) r Eric Grubb ERIC B GRUBB Notary Public--Please Print 'NOTARY-PUBLIC SEAL-STATE OF INDIANA HANITON COUNTY My commission expires. 1-16-2014 v MYCOMMI�Sr�i' rvPiRFS 1-16-14 Page 6 - filename:development standards variance 2013.docx rev.1/2/2013 • i GATEWAY SHOPS Development Standards Variances VARIANCE NO. 1 1S viks2 1 ikN LC iel 1✓C'i7 e ? P giu)c) MSS 120 7A. The building setback from Michigan Road should not be more than 120 feet under 23C.08.02.B and we are requesting approval of the north end of our proposed building being 120 feet and 10 inches from Michigan Road. 8A. The subject parcel was created from a larger previously developed parcel and due to the location of subject parcel, it is not possible for the proposed building to be located less than 120 feet from Michigan Road. V2)(4 00Vk"VARIANCE NO. 2 7B. A 15 foot setback is required under 23C.08.03B and we are requesting approval of a 4 foot rear setback. 8B. The subject parcel was created from a larger previously developed parcel and due to the subject parcel only being 0.5 acre, it is not possible to provide a 15 foot rear setback. \ \')b0 C4 VARIANCE NO. 3 7C. Eight feet deep projections or recessions every 60 feet on the building facade are required under 23C.09.D and we are requesting approval of one 2 foot projection or recession at 88 feet. 8C. The size and location of the subject parcel prevent providing the required projections or recessions on the proposed building facade. VARIANCE NO. 4 7D. Building base foundation plantings are required under 23C.10.02.2 and we are requesting approval of plantings in landscaping beds at the front edge of the sidewalks, not immediately adjacent to the building. Also, we are requesting approval of these landscaping islands with a width of 2 '/2 to 3 feet, not 10 feet. 8D. The subject parcel was created from a larger previously developed parcel and due to the subject parcel only being 0.5 acre, it is not possible to provide plantings in 10 foot wide beds immediately adjacent to the building base foundation. • • VARIANCE NO. 5 1J 7E. Four landscaping islands are required in the parking lot under 23C.10.03.5 and we are �� p requesting approval of one landscaping island in the parking lot. 8E. The subject parcel was created from a larger previously developed parcel and due to the subject parcel only being 0.5 acre, it is not possible to provide four landscaping islands in the parking lot. VARIANCE NO. 6 \° 7F. Perimeter parking landscaping is required under 23C.10.03.5 and we are requesting that this requirement be waived as we are unable to satisfy the storm water drainage storage requirements if this area is landscaped because the entire underground area of the parking lot is being used for storm water storage and any landscaping above such storm water storage would not survive. 8F. The subject parcel was created from a larger previously developed parcel and due to the subject parcel only being 0.5 acre, it is not possible to provide perimeter parking landscaping and satisfy storm water storage requirements. • . PROPERTY LEGAL DESCRIPTION Lot 3 in Sun/Mundy One,Two, Three Subdivision in Plat Cabinet 4, Slide 234, as Instrument Number 2007001718. The above property is more commonly known as 10679 N. Michigan Road,Zionsville, Indiana.