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8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet c
"Findings of Fact-Development Standards Variance").
1. (number of siansl Best Buv is a national retail operation recoanized across the Country bv its vellow taa
loao. In keepina with the aesthetic sian standards adopted as part of the DP/ADLS approval of West
Carmel Marketplace, Best Buv has aareed to reduce the size of its loao and redesian the loao in white.
As a result, the loao will be altered to a form that is not as recoanizable bv the aeneral public. In
exchanae, Best Buv reauests that they be permitted both the taa and channelletterina spellina out the
store name. Thev further reauest that this be placed on both the front of the buildina and the buildina's
frontaae on 99th Street.
2. (area of siansl The redesian of the Best Buv loao and its use in coniunction with the channelletterina
result in a sian area that exceeds the variance approved for West Carmel Marketplace bv case number
04050034V. That approval allowed each tenant in the center to have a maximum wall sian area of 225
feet. Note that the Best Buv will be splittina this area to two facades and will not exceed 144.2 sauare
feet per facade. This desian was not contemplated in the approval of 04050034V.
3. (Ioao as a percentaael Best Buv has aareed to chanae the color of its taa loao to white in keepina with
the uniform sian appearance of West Carmel Marketplace. Thev have also sianificantlv reduced the size
of this loao below what they would normallv reauest. However, to reduce the loao further so that it
comprises onlv 250k of the sian would make it difficult to identify. Best Buv's letterina is alreadv smaller
than permitted due to the size of their name, thus 250/0 of the sian area is too small for the loao.
2. (location of siansl The West Carmel Marketplace retail shops included in this do not have direct access
to US 421. Therefore, the frontaae of this property is on Commerce Drive, located to the rear of the
buildina. It is impractical to place sianaae on the rear of the buildina when customers will be
approachina from US 421. Therefore, the petitioner reauests a variance to permit all users within the
center to orient their sians to US 421.
9) Present zoning of the property (give exact classification): B-2, B-3, US 421 Michigan Rd Corridor Overlay
10) Size of lot/parcel in question: 13.037 acres
11) Present Use of the property: Under construction/retail
12) Describe the proposed use of the property: retail
13) Is the property: Owner occupied
Renter occupied As proposed
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, decision rendered and pertinent explanation.
Commitments adopted with DP/ADLS 04080028 restrict signage. Petition to amend is forthcoming.
15) Has work for which this application is being filed already started? If answer is yes, give details: No
Building Permit Number:
Bu ilder:
16) If proposed appeal is granted, when will the work commence?
November, 2005
17) If the proposed variance is granted, who will operate and/or use the proposed Improvement for which this
application has been filed?
Best Buy
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Conn, Angelina V
From: Conn, Angelina V
Sent: Thursday, October 20,2005 11 :47 AM
To: Tingley, Connie S
Cc: Griffin, Matt L; Littlejohn, David W; 'msolada@binghammchale.com'; 'avarga@binghammchale.com'
Subject: RE: REVISED: Docket No. Assignment: (V) West Carmel Marketplace - Retail Shops (#05100025-
29 V)
One last revision. See below.
Connie,
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) West
Carmel Marketplace - Retail Shops. They will be the following:
Docket No. 05100025 V
Docket No. 05100026 V
Docket No. 05100027 V
Docket No. 05100028 V
Total Fee:
$978.50
$463.50
$463.50
$463.50
$2,369.00
West Carmel Marketplace - Retail Shops
The applicant seeks the following development standards variances:
Docket No. 05100025 V ZO Chapter 25.07.02-09(b) number of signs - Best Buy
Docket No. 05100026 V ZO Chapter 25.07.02-09(c) sign square footage - Best Buy
Docket No. 05100027 V ZO Chapter 3.07 10 sign definition (logo Ok) - Best Buy
Docket No. 05100028 V ZO Chapter 25.07.02-09(b) building signage oriented west
The site is at 9901 N Michigan Rd. and is zoned B-3/Business within the US 421 Overlay.
Filed by Mary Solada of Bingham McHale for Duke Construction, LP.
Petitioner, please note the following:
1. This Item has already been on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, November 3, 2005.
Published notice is required within the Indianapolis Star. Note: the Regular BZA meeting will begin at 6 pm.
3. The Proof of Notice will need to be received by this Department no later than noon, Wednesday,
November 23, 2005. Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley
no later than NOON, Friday, November 18, 2005. Failure to submit Informational Packets by this time will result
in the automatic tabling of the petition to the Monday, December agenda of the BZA.
5. This Item will appear on the November 28, 2005 agenda of the Board of Zoning Appeals under Public
Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets for each petition the night of the
meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet
7). Ballot sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Ms. Solada can be contacted at 635-8900 (Fax: 236-9907 or email: msolada@binghammchale.com).
Petitioner: please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. It is suggested
to send the notice to the IndyStar by Noon, two days prior to the printing deadline.
2.) Provide a filled out and notarized Petitioner's Affidavit of Notice of Public Hearing (pg 6 of the
application).
3.) Please note that a commitment amendment will be required, regarding signage oriented south.
4.) Please provide signage dimensions/details that are legible.
10/20/2005
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8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet c
"Findings of Fact-Development Standards Variance").
1. Best Buv is a national retail operation recoanized across the Country bv its vellow taa loao. In keepina
with the aesthetic sian standards adopted as part of the DP/ADLS approval of West Carmel
Marketplace, Best Buv has aareed to reduce the size of its loao and redesian the loao in white. As a
result, the loao will be altered to a form that is not as recoanizable bv the aeneral public. In exchanae,
Best Buv reQuests that they be permitted both the taa and channelletterina spellina out the store name.
Thev further reQuest that this be placed on both the front of the buildina and the buildina's frontaae on
99th Street.
2. The redesian of the Best Buv loao and its use in coniunction with the channelletterina result in a sian
area that exceeds the variance approved for West Carmel Marketplace bv case number 04050034V.
That approval allowed each tenant in the center to have a maximum wall sian area of 225 feet. Note
that the Best Buv will be splittina this area to two facades and will not exceed 144.2 SQuare feet per
facade. This desian was not contemplated in the approval of 04050034V.
3. The West Carmel Marketplace retail shops included in this do not have direct access to US 421.
Therefore, the frontaae of this property is on Commerce Drive, located to the rear of the buildina. It is
impractical to place sianaae on the rear of the buildina when customers will be approachina from US
421. Therefore, the petitioner reQuests a variance to permit all users within the center to orient their
sians to US 421.
9) Present zoning of the property (give exact classification): B-2, B-3, US 421 Michigan RdCorridor Overlay
10) Size of lot/parcel in question: 13.037 acres
11) Present Use of the property: Under construction/retail
12) Describe the proposed use of the property: retail
13) Is the property: Owner occupied
Renter occupied As proposed
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, decision rendered and pertinent explanation.
Commitments adopted with DP/ADLS 04080028 restrict signage. Petition to amend is forthcoming.
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 appeal is granted, when will the work commence?
November, 2005
17) If the proposed variance is granted, who will operate and/or use the proposed Improvement for which this
application has been filed?
Best Buy
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DUKE CONSTRUCTION COMMITMENTS
ATTENDANT TO
DOCKET NO. 04050028DP/ADLS:
WEST CARMEL MARKETPLACE DEVELOPMENT PLAN AND ADLS
Conditioned on Plan Commission approval of Docket No. 04050028DP/ADLS (West
Cannel Marketplace), the Petitioner Duke Construction Limited Partnership sets forth to the
following commitments to be made as part ofthe Development Plan and ADLS Approval. In
addition to the commitments contained in the Application and Plans and Specifications submitted
in support of the Application, Petitioner commits to the following: % rf.
fef Drditl4nc(' l~~o~ = 25. r> "
...L 1. Anchor tenant wall signage shall be limited to the colors of white, blue, green or SljV\ 4'e4t
.... bronze, such signage not to exceed 225 square feet and letters no larger than 4
feet. All wall signs for the B Shop buildings will be white face-lit signs with dark
bronze returns and shall comply with ordinance size standards. Wall signs
oriented to Commerce Drive, Retail Parkway, and 99th Street shall be prohibited.
Window signs shall be prohibited. All ground signs shall consist of white or
bronze lettering on a cream opaque background. No tenant shall be listed on
more than one (1) ground sign. Ground signs at Retail Parkway/Michigan Road
and 99th Street/Michigan Road shall be limited to 245 square feet, with a
maximum height of 14'10". The ground sign at Retail Parkway/Commerce Drive
shall be limited to 53 square feet, with a maximum height of7'9". No single
tenant shall occupy more than 50% of sign type "A" (ground signs at Retail
Parkway/Michigan Road and at 99th Street/Michigan Road).
2. All buildings within the development, including Block G, shall follow the
architectural theme established in the building elevations submitted under date of
September 9, 2004.
3. Landscaping plantings along the common property lines with Ashbrooke, Spring
Arbor and North Augusta neighborhoods shall be installed as shown on the
Landscape Plan submitted under date of September 9, 2004.
4. Additionally, as to the Ashbrooke neighborhood association ("Ashbrooke):
a. Petitioner shall provide reimbursement to Ashbrooke for a fence if
approved (a variance is necessary) in the Ashbrooke common area along
Commerce Drive of wood board on board at an approximate length of500
feet, in addition to additional funds agreed upon between Petitioner and
the Ashbrooke Board for landscaping. Alternatively, if the variance for
the fence is not approved, Petitioner shall pay Ashbrooke an amount equal
to the fence estimate approved by the parties, such funds to be used for
landscaping in the Ashbrooke common area.
898122.4
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EXHIBIT A
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A LAND BOUNDARY DESCRIPTION OF
WEST CARMEL MARKETPLACE
9901 NORTH MICHIGAN ROAD
CARMEL, INDIANA
AUGUST 26, 2004
A part of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana,
described as follows: Commencing at the northeast comer of the Southeast Quarter of said
Section 7; thence South 88 degrees 44 minutes 27 seconds West 1,106.46 feet along the north line
of said Southeast Quarter to the POINT OF BEGINNING of this description: thence South 00
degrees 37 minutes 40 seconds East 1,255.30 feet; thence South 88 degrees 40 minutes 49
seconds West 1,137.71 feet; thence North 20 degrees 56 minutes 37 seconds West 298.97 feet;
thence South 69 degrees 03 minutes 23 seconds West 274.51 feet to the easterly right-of-way line
of U.S. Highway 421; thence along said easterly right-of-way line the following five (5) courses:
1) North 21 degrees 11 minutes 28 seconds West 342.02 feet; 2) North 21 degrees 54 minutes 26
seconds West 262.49 feet; 3) North 25 degrees 57 minutes 17 seconds West 98.77 feet; 4) North
21 degrees 11 minutes 28 seconds West 337.18 feet; 5) Northerly 100.38 feet along an arc to the
right and having a radius of 14,646.15 feet and subtended by a long chord having a bearing of
North 21 degrees 09 minutes 53 seconds West and a length of 100.38 feet to the south boundary
line of the land described in the deed to Porter Shank II, LLC, as recorded in Instrument Number
99-9904943 in the Office of the Recorder of Hamilton County, Indiana; thence North 88 degrees
53 minutes 19 seconds East 339.82 feet along said south boundary line of Porter Shank land to
the southeast comer of said Porter Shank land; thence North 00 degrees 25 minutes 52 seconds
West 289.00 feet along the east boundary line of said Porter Shank land to the northeast comer of
the land described in the deed to Checker Oil Company of Indiana, Inc., as recorded in Book 316,
page 97 in said Recorder's office; thence South 88 degrees 53 minutes 19 seconds West 435.74
feet along the north boundary line of said Checker Oil land to the northwest comer of Block F of
I
West Carmel Center, as described in Plat Cabinet 3, slide 163 in said Recorder's office; thence
along the northerly boundary line of said Block F the following five (5) courses: 1) North 24
degrees 01 minute 45 seconds East 47.14 feet; 2) North 69 degrees 08 minutes 38 seconds East
137.09 feet; 3) North 53 degrees 53 minutes 18 seconds East 354.21 feet to a point on the east
line of the Northwest Quarter of said Section 7, said line also being the west line of the Northeast
Quarter of said Section 7; 4) continuing North 53 degrees 53 minutes 18 seconds East 501.96
feet; 5) South 81 degrees 06 minutes 37 seconds East 49.50 feet to the westerly right-of-way line
of Commerce Drive; thence along said westerly right-of-way line the following three (3) courses:
1) South 36 degrees 06 minutes 42 seconds East 78.27 feet; 2) Southeasterly, and Southerly
214.62 feet along an arc to the right and having a radius of 705.00 feet and subtended by a long
chord having a bearing of South 27 degrees 23 minutes 26 seconds East and a length of 213.79
feet; 3) South 18 degrees 40 minutes 10 seconds East 632.03 feet to a point on the south line of
said Northeast Quarter, said line also being the north line of the Southeast Quarter of said Section
7; thence North 88 degrees 44 minutes 27 seconds East 773.40 feet along said north line to the
POINT OF BEGINNING and containing 59.557 acres, more or less.
EXHIBIT A
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H:\Dell D Drive\Duke-Carmel-DP-ADLS- V ARLega1.doc
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