HONEST-1 AUTO CARE
Lantern Pines PUD Text Amendment
PRESENTED BY
STEVEN D. HARDIN, ESQ.
CITY COUNCIL 1st READING | REQUEST FOR TEXT AMENDMENT APPROVAL | MARCH 21, 2016
TABLE OF CONTENTS
LANTERN PINES PUD TEXT AMENDMENT
TABLE OF CONTENTS
Petitioner
Keith Shanklin
DeSake Group, Inc.
12929 Bartlett Drive
Fishers, IN 46037
Attorney
Steven D. Hardin, Esq.
Samuel E. Swafford, Esq.
Rex Ramage, Land Use
Consultant
Faegre Baker Daniels, LLP
600 East 96th Street, Suite 600
Indianapolis, Indiana 46240
telephone. 317.569.9600
fax. 317.569.4800
Tab 1
Executive Summary
Tab 2
Aerial Location Exhibits
Tab 3
Current Conditions
Tab 4
About Honest-1 Auto Care
Tab 5
Proposed PUD Text Amendment Ordinance
Tab 6
Lantern Pines PUD Ordinance
TAB 1
EXECUTIVE SUMMARY
LANTERN PINES PUD TEXT AMENDMENT
About Keith Shanklin
Keith Shanklin and his wife Deirdre have lived in
Fishers since 1998. Mrs. Shanklin is a pre-school
teacher at Geist Christian Church. The Shanklins’ daughter, Sarah, attends Fall Creek Intermediate School. Mr. Shanklin earned his Electrical
Engineering degree from Purdue University in
1987. Over the course of the past 20+ years, he
has served as a project manager for a variety of
large scale construction projects such as Lucas Oil
Stadium and Bankers Life Fieldhouse, managing
multi-million dollar budgets and scores of team
members.
Now, Mr. Shanklin is embarking on his dream to
be an entrepreneur. After evaluating a number of
options, he selected Honest-1 Auto Care as the
business he would like to start here in Fishers.
About Honest-1
The word “Honest” is part of our name for a reason. We train our managers and owners to do everything possible to kill the old stereotypes associated with mechanics and car shops. At Honest-1,
66% of our customers are female, and we recognize that. Customer service and customer experience is our top priority! All our centers across the country maintain an upscale lobby with features like leather easy chairs and couches, sparkling tile floors, complimentary beverages, large
flat-screen televisions, internet workstations with free WiFi, secure children’s play areas, pristine
restrooms, and exceptionally clean work areas. We have taken years of auto-shop experience and
coupled it with an unparalleled attention to detail and a keen ear.
-
Honest-1 Auto Care
About the Location
Mr. Shanklin proposes to locate his new business to the building located at 8884 Fitness Lane (just north and east
of 96th Street and Lantern Road). Please see the aerial map at Tab 2. The current owner purchased the building
in 2007. Since that time, the building has suffered from numerous tenant turnovers, and it has been rented to a
number of tenants for shorter periods of time, including fireworks sales. Currently, the building is completely
vacant (except for the owner’s use of a small amount of space for his own office). Photos of the current conditions
may be found at Tab 3. The building is challenged for mainline office or retail use due primarily to:
•
•
•
its perpendicular orientation to Lantern Road;
its lack of direct access to a public street; and
its “front door” orientation to the rear of the cleaners building.
EXECUTIVE SUMMARY
LANTERN PINES PUD TEXT AMENDMENT
On the other hand, this property meets or exceeds all site selection metrics set by Honest-1 (e.g., nearby residential neighborhoods, strong daytime population, complementary trade area). Honest-1, as a “destination” business,
will not be hampered by the challenges that would face a retail business in this location. In addition, Honest-1 will
bring stability (a single tenant with a long-term lease) to this unstable property, and, by doing so, will contribute
positively to the City’s initiatives to enhance this quadrant of the City.
About the Request
In 1991, the Town Council approved the Lantern Pines PUD Ordinance (the “PUD Ordinance”), that, in part, authorized the 16-acre commercial development at the north east corner of 96th Street and Lantern Road. In 1997,
the PUD Ordinance was amended. Today, the development includes a variety of businesses, including retail
shops and restaurants, banking, self-storage and a cleaners. In order to operate his business at this location, Mr.
Shanklin will need to obtain an amendment to the PUD Ordinance to allow automobile service and repair as a
permitted use within the building.
Thank you for your consideration.
TAB 2
AERIAL LOCATION EXHIBIT
Lantern Road
LANTERN PINES PUD TEXT AMENDMENT
Fitness Lane
96th St
reet
AERIAL LOCATION EXHIBIT
Lantern Road
LANTERN PINES PUD TEXT AMENDMENT
Fitness Lane
Site
TAB 3
CURRENT CONDITIONS
LANTERN PINES PUD TEXT AMENDMENT
3
1
1
2
2
4
3
4
TAB 4
ABOUT HONEST-1 AUTO CARE
LANTERN PINES PUD TEXT AMENDMENT
Illustrative Photos
TAB 5
ORDINANCE NO. __________
AN ORDINANCE TO AMEND THE
UNIFIED DEVELOPMENT ORDINANCE OF THE
CITY OF FISHERS, HAMILTON COUNTY, INDIANA
This is an ordinance (the “Amendment Ordinance”) that amends Ordinance No.
090391A, as amended by Ordinance No. 062597 (the “Lantern Pines PUD Ordinance”),
previously enacted by the Town of Fishers pursuant to its authority under the laws of the State of
Indiana, Ind. Code § 36-7-4 et seq., as amended.
WHEREAS, the Plan Commission for the City of Fishers (the “Plan Commission”) has
conducted a public hearing on Docket No. ____________, as required by law, in regard to the
application by DeSake Group, Inc. to amend the Lantern Pines PUD Ordinance with respect to
the real estate described in Exhibit A, attached hereto and incorporated herein (the “Real
Estate”); and
WHEREAS, the Plan Commission, at its _______ ___, 2016 public hearing, sent a
_______________________ recommendation to the Common Council of the City of Fishers;
NOW, THEREFORE, BE IT ENACTED by the Common Council of the City of
Fishers, Hamilton County, Indiana, meeting at its regular session, that the Lantern Pines PUD
Ordinance shall be and hereby is amended as follows:
Section 1.
Automobile service and repair shall be and hereby is a permitted use under
the Lantern Pines PUD Ordinance as applied only to the Real Estate.
Section 2.
All other provisions of the Lantern Pines PUD Ordinance shall remain in
effect with the adoption of this Amendment Ordinance. All provisions and representations of the
Lantern Pines PUD Ordinance that conflict with the provisions of this Amendment Ordinance
hereby are rescinded as applied to the Real Estate and shall be superseded by the terms of this
Amendment Ordinance.
Section 3.
This Amendment Ordinance shall be in full force and effect from and after
its passage by the Common Council of the City of Fishers and after the occurrence of all other
actions required by law. All provisions or parts thereof in conflict herewith hereby are repealed.
1
US.105051631.01
This Ordinance was fully passed and approved by the members of the Common Council of the
City of Fishers this _____ day of ________________, 2016.
THE COMMON COUNCIL OF THE CITY OF FISHERS, HAMILTON COUNTY, INDIANA
AYE
NAY
__________________________________John W. Weingardt, _________________________________
President
__________________________________David C. George, __________________________________
Vice-President
___________________________________ C. Pete Peterson, ___________________________________
Member
_____________________________________Eric Moeller, ____________________________________
Member
__________________________________Selina M. Stoller, __________________________________
Member
__________________________________Richard W. Block, __________________________________
Member
___________________________________Cecilia C. Coble, __________________________________
Member
________________________________Todd P. Zimmerman, ________________________________
Member
___________________________________Brad DeReamer, __________________________________
Member
I hereby certify that the foregoing Ordinance was delivered to City of Fishers Mayor Scott Fadness on the
_______ day of _____________ 2016, at _______ ____ m.
ATTEST: ___________________________
Jennifer L. Kehl, City Clerk
MAYOR’S APPROVAL
____________________________
Scott A. Fadness, Mayor
_____________________________
DATE
Approved by: Chris Greisl, City of Fishers, City Attorney
Prepared by: Steven D. Hardin, Esq.,
Faegre Baker Daniels LLP, 600 East 96th Street, Suite 600,
Indianapolis, Indiana 46240. (317) 569-9600.
In accordance with Indiana Code, I affirm, under penalties for perjury, that I have taken reasonable care to
redact each Social Security number in this document, unless required by law: Steven D. Hardin, Esq.
2
US.105051631.01
EXHIBIT A
Legal Description
A part of the South Half of the Southwest Quarter of Section 7, Township 17 North, Range 5 East of the
Second Principal Meridian, Hamilton County, Indiana, and being more particularly described as follows:
Commencing at the Southwest corner of said Half Quarter Section; thence North 00 degrees 00 minutes
00 seconds East (assumed bearing) along the West line of said Half Quarter Section a distance of 518.73
feet to a Mag Nail at the Point of Beginning; thence continuing North 00 degrees 00 minutes 00 seconds
East along said West line a distance of 141.32 feet to PK Nail; thence South 89 degrees 17 minutes 58
seconds East a distance of 280.02 feet to an iron pin; thence South 00 degrees 00 minutes 00 seconds
West parallel with said West line a distance of 137.90 feet to a 5/8 inch rebar with red cap; thence South
90 degrees 00 minutes 00 seconds West a distance of 280.00 feet to the Point of Beginning and containing
0.897 acres, more or less.
3
US.105051631.01
TAB 6
LANTERN PINES
ORDINANCE NO. 090391A
BE IT ORDAINED by the Town Board of Fishers, Indiana, that the zoning ordinance, a part of
the comprehensive plan and ordinances - 1980, Ordinance Number 110380, as amended, is hereby
amended as follows:
SECTION 1. DECLARATION
That the Zone Map, identified as OFFICIAL ZONING MAP, TOWN OF FISHERS, INDIANA,
dated November 3, 1989, which accompanies and is a part of the Zoning Ordinances of the Town of
Fishers, Indiana, as amended, is hereby changed as follows: As it related to the following described
real estate only:
SEE ATTACHED DESCRIPTION - "EXHIBIT A"
SECTION 2. LAND USE
The above described real estate is hereby designated as a P.D. district, as further defined in
this Ordinance.
A.
PERMITTED USES
All uses described in Article 1 through Article 17 of Chapter 2 of Ordinance No. 110380 shall
be permitted in this PD district except that the following uses shall not be permitted:
(1)
Trailer Courts;
(2)
Multi-family Housing;
(3)
Labor Camps;
(4)
Adult Theaters;
(5)
Junk Yards;
(7)
Commercial storage of building or construction materials;
(8)
All farm and nursery uses;
(9)
Keeping of livestock of any kind for commercial use or profit;
(10)
Distillation of bones;
(11)
Dumping, disposal, incineration or reduction of garbage, sewage, dead animals or
(12)
Fat rendering;
(13)
Stockyard or slaughter of animals;
(14)
Smelting of iron, tin, zinc or other ores;
refuse;
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(15)
Gas station or auto repair facilities of any kind;
(16)
Refining of petroleum or of its products;
(17)
Go car tracks or similar outdoor recreation;
(18)
Cemeteries or mausoleums;
(19)
Jail, penal, detention or correction farms.
B.
ACCESSORY STRUCTURES AND USES
Accessory structures and uses shall be allowed which are subordinate, appropriate and
incidental to the above permitted primary uses, including supportive services directly related to and in
the same building with the primary use, provided exterior signage announcing such services or
advertising to the public shall be permitted. Such permitted supportive services shall include
pharmacy accessory to building medical offices, restaurant with liquor license, beauty salon, travel
agency, barber shop, and similar uses designed and operated principally for service to building
occupants, provided the total area occupied by such accessory uses shall not exceed ten percent
(10%) of the leasable area of the building.
C.
PRELIMINARY DEVELOPMENT PLAN
The Preliminary Lantern Square Development Plan is attached hereto, incorporated herein and
marked "Exhibit D".
The land uses reflected on the Lantern Square Preliminary Development Plan are for
demonstrative purposes and, if a question arises as to the uses allowed on the real estate, the written
text of the ordinance controls.
The Lantern Road and East 96th Street PD District land uses and their location on the real
estate are identified on the Lantern Square Preliminary Development Plan and are as follows:
1.
The Single Family Residential area (approximately 24 acres) shall conform to Article 12
- Residential District R5 and allows only detached single lot, single family and detached clustered
single-family housing and approved accessory uses.
2.
The Health Science Centre area (approximately 16 acres) shall conform to the
development standards set forth in Article 15 - Planned Development District PD, Article 17 Commercial District C-2 and shall be limited to the uses permitted therein and including the special
uses that follow:
(a)
Full service restaurant (no drive through) with as many as two (2) full liquor
licenses with beer, wine and hard liquor (the athletic club restaurant and possibly an outlot).
(b)
Athletic Club - Building A (approximately 189,500 square feet) on Preliminary
Development Plan with: 10 indoor tennis courts (approximately 73,325 square feet); pools, spas, and
locker areas; basketball; racquetball; weight and aerobic areas; nursery, administrative and member
service areas; club related retail (approximately 10,425 square feet); medical evaluation, therapy and
training areas; and club banquet room.
(c)
Medical Office - Building B (approximately 104,500 square feet) on the
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preliminary Development Plan with:
1.
Medical offices, professional offices, therapy and exam rooms
(approximately 65,300 square feet).
2.
Medical and neighborhood retail and services (approximately 13,100
3.
Medical service and athletic club reserved guest rooms (approximately
square feet).
26 rooms).
(d)
Neighborhood Retail Center - Building C (approximately 30,300 square feet) on
the Preliminary Development Plan with uses permitted in C-1 and C-2 districts.
3.
Outlot site (approximately 0.75 acres) shall be reserved for the following restricted
uses. No other use shall be permitted in the area designated as Outlot on the Preliminary
Development Plan. Permitted uses shall be:
(a)
Parking and circulation.
(b)
Bank or related financial institution.
(c)
Sit-down restaurant with no take-out or drive-thru service (may include full
service liquor license).
(d)
Professional or medical office.
(e)
Day care center.
SECTION 3. DEVELOPMENT STANDARDS
The development standards for the Lantern Road and East 96th Street P.D. shall be as written
in the applicable zoning district for the various specific land uses. The development standards of the
zoning districts shall apply to the various sub-areas of the P.D. as follows:
A.
The single family residential sub-area development standards shall conform to Article
12 - Residential District R-5 as a minimum. Increasing the standards for yard setbacks, landscaping
and related requirements is acceptable, but the density and maximum coverage and height shall not
be increased.
B.
The Health Science sub-area development standards shall conform to the zoning
district that permits the various sub-uses. The applicable zoning districts are as follows, including the
noted deletions from each specific zoning district:
(1)
Planned Development District PD-Article 15 shall control the intent and character of this
PD, except the following requirements which shall be deleted from the PD District development
standards:
(a)
Industrial uses shall not be permitted (paragraph 15.10)
(b)
Commercial development may occur prior to the development of occupancy of
any of the single family residential area, and residential occupancy requirements will not be necessary
to proceed with the development and occupancy of the athletic club, medical and professional offices,
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retail, restaurants, outlots, or other commercial or athletic club related development (Paragraph 15.20,
Sub-section 5)
(c)
The PD district may be developed in sections or phases and does not require
any residential development for all or any part of the PD to be developed or to be committed to be
developed before all or part of the other uses may be developed and occupied (Paragraph 15.20,
Sub-section 8)
(2)
Commercial District C1 - Article 16 development standards shall apply to the medical
office, professional office, athletic club with club related accessory retail, service and restaurant
facilities and health-science training, observation and treatment sub areas with the following
exceptions:
(a)
Store front windows on the exterior walls of the building shall be open for light
and the viewing of merchandise and activities inside of the windowed use.
(b)
Central trash containers and/or dumpsters larger than six (6) cubic feet shall be
permitted in approved locations provided they are in the rear of the buildings, they have solid
enclosure at least five (5) feet in height and concrete slab bases.
(3)
Commercial District C2 - Article 17 development standards apply to the commercial
retail and service uses in the office building (Building B), Building C and the outlot with the following
exceptions or deletions:
(a)
Auto related service centers, outdoor storage, outdoor vending machines or
related outdoor uses of similar kind shall not be permitted in this PD.
(4)
The addition of special exception uses to this PD which are not included in the above
listed PD, C1 or C2 districts development standards is by Article 15.21 which permits flexibility to
develop cohesive, compatible uses in single harmonious projects in suitable areas. The development
standards for the PD, C1 and C2 uses have been expanded to include:
(a)
Liquor license beverage service in not more than two (2) restaurants
(b)
Athletic Club and associated uses as C1 district development standards.
(5)
Conflicts of Development standards within the Ordinance and this PD shall be resolved
by reference to the Zoning Ordinance of Fishers, Indiana, in its most current amended form in the
following order of review and priority of importance:
(a)
Lantern Road and East 96th Street PD
(b)
Article 15 - PD District
(c)
Article 16 - Commercial District C1
(d)
Article 17 - Commercial District C2
(e)
Referenced articles for Parking (24), Open Space (22), Special Excepted Use
(f)
Article 12 - Residential District R5
(25)
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(g)
Interpretations, Definition, Street and Thoroughfare designation and related
considerations in the Fishers, Indiana Comprehensive Plan and Ordinances, 1980, as amended.
SECTION 4. PURPOSE
The establishment of this PD district is intended to provide higher quality, more diverse, better
utilized land development that encourages efficient use of resources, promotes health and safety and
provides opportunities for high levels of social interaction. This is accomplished through flexible use of
applicable zoning concepts and standards that allow the integration of compatible, synergistic uses
that normally are not permitted in some areas or proximity to one another. By interpretation of these
ordinances and this intent, development will be assured that is consistent with and beneficial to the
aspirations and future of the Town of Fishers.
SECTION 5. APPLICABILITY
The provisions and conditions of this PD apply to the land described in Attachment A and
further described on the attached Preliminary Development Plan for Lantern Square Centre.
SECTION 6. PROCEDURE
The review, approval, recording and development of the Lantern Road and East 96th Street
PD shall be in accordance with the processes, procedures and standards set forth in the Fishers,
Indiana Comprehensive Plan and Ordinances, 1980, as amended.
SECTION 7. ABANDONMENT OR EXPIRATION OF ORDINANCE
The Lantern Road and East 96th Street PD shall be considered in force and effect if all
conditions of the Ordinance are being met in a timely manner. Failure to comply with those conditions
renders this PD subject to the consideration of the Planning Commission and action in accordance
with the power vested them in the Ordinance, as amended.
SECTION 8. LIMITATION ON REZONING
The Plan Commission shall not initiate any amendments to the Zoning Code concerning the
property involved in a Planned Development before completion of the development as long as
development is in conformity with the approved Detailed Development Plan, and proceeding in
accordance with the time requirements imposed herein.
This Ordinance shall be in full force and effect from and after its passage.
Passed by the Town Board of the Town of Fishers, Indiana, on the 18th day of September,
1991.
THE TOWN BOARD OF THE TOWN OF FISHERS, HAMILTON COUNTY, INDIANA
BY:
Walter F. Kelly /s/
James P. Roederer /s/
Roy G. Holland /s/
ATTEST:
Linda Gaye Cordell /s/
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