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Conn, Angelina V
Sent:
To:
Cc:
From: Conn, Angelina V
Tuesday, January 17, 200610:43 AM
Tingley, Connie S
Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona
B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; Holmes,
Christine B; Blanchard, Jim E; 'jmolitor@prodigy.net'; 'Reis, Paul'
Subject: Docket No. Assignment: (V) Clay Terrace - Hilliard Lyons (#06010015 V)
Connie,
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Clay
Terrace - Hilliard Lyons. It will be the following:
Docket No. 06010015 V $534.50
Total Fee: $534.50
Clay Terrace - Hilliard Lyons
The applicant seeks approval for the following development standards variance:
Docket No. 06010015 V PUD Ordinance Z-386-02, Section 10.3.0 electronic information sign
The site is located near 14390 Clay Terrace Blvd. and is zoned PUD/Planned Unit Development.
Filed by Paul Reis of Drewry Simmons Vornehm, LLP.
Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur rio later than Friday, February 17, 2006. Published
notice is required within the Indianapolis Star. Note: the BZA Hearing Officer meeting will begin at 5:15 p.m.
(not 6 pm) and will take place in the Caucus Rooms (not Council Chambers).
3. The Proof of Notice will need to be received by this Department no later than noon, February 24, 2006.
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, February 17, 2006. Failure to submit Informational Packets by this time will result in
the automatic tabling of the petition to the March agenda of the BZA.
5. This Item will appear on the February 27, 2006 agenda of the Board of Zoning Appeals HEARING
OFFICER 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 8). On Ballot sheet, 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.
Mr. Reis can be contacted at PH: 713-6054, FAX: 580-4855, or email: preis@drewrysimmons.com
Petitioner: please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 5:15 p.m. (not 6 pm)
and will take place in the Caucus Rooms (not Council Chambers). It is suggested to send the notice to the
IndyStar by Noon two days prior, to allow for the Friday printing.
2.) Provide a filled out and notarized Petitioner's Affidavit of Notice of Public Hearing (pg 6 of the
application). (For a Hearing Officer item, the public notice requirement is 10 days, rather than 25).
3.) Please provide a copy of the official list of adjacent property owners from the Hamilton County
Auditor's Office.
4.) Provide an exhibit showing the total signage allowed vs. the total signage proposed. Include
dimensions, too.
5.) Provide the ballot sheet in each info packet.
6.) Please provide a copy of the filled out Notice of Public Hearing form (page 5 of the application).
Thank you.
1/1712006
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C~OF CARMEL - CLAY TOWNSHIP (.;)
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each additiqnal section
of the ordinance being varied. " "
All Other $1,016.00 for the first variance, plus $481.00 for each additional sectio!?::o~:t~'IQrdii1~m~e
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DOCKET NO. () W 0 \ 00\ S -J DATE RECEIVED: J~~~D05 ))
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I) Applicant: J.J.B. Hilliard. W. 1. Lyons. Inc. ("Hilliard Lyons") ,~~./
Address: 10 W. Market Street. Suite 650. Indianapolis. IN 46204
2)
Project Name: Clay Terrace
Phone:
Engineer/Architect: N/ A
Phone:
Attorney: Paul G. Reis. Esq.
Attorney for Hilliard Lyons and Clay Terrace Partners, LLC
3) Applicant's Status: (Check the appropriate response)
(a) The applicants name is on the deed to the property
(b) The applicant is the contract purchaser of the property
x (c) Other: Applicant is prospective tenant.
Phone: 713-6054
4) Ifltem 3) (c) is checked, please complete the following:
Owner of the property involved: Clay Terrace Partners. LLC
Owner's address: 401 Pennsylvania Parkway. Indianapolis. IN 46280 Phone:
5) Record of Ownership:
Deed Book No/instrument No. See attached Exhibit "A"
Page: Purchase date: June 20. 2003
6) Common address of the property involved: \ '-\ ~90 C\tivj t e rnu.e Pz>~J
Legal description: See Exhibit "B" (Overall description)
Tax Map Parcel No.: 16-09-24-00-00-014.000
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).
Applicant is requesting a variance to allow for the installation and operation of an electronic.
information sign. This is a variance from Section 10.3D. of the Ordinance Z-386-02. as amended by
variance V-93-03. Please refer to Attachments A. B and C.
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8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached
question sheet entitled "Findings of Fact-Development Standards Variance").
The combination of a new lifestyle center. Hilliard Lyons' entry into the Carmel market and a non-
traditional venue makes awareness paramount to their success. This electronic signage will provide
pertinent financial. weather and Clay Terrace community information and portray Hilliard Lyons as a
service oriented firm in our community.
9) Present zoning of the property (give exact classification): PUD
10) Size of lot/parcel in question:-1. acres
11) Present use of the property. office-retail
12) Describe the proposed use of the property: brokerage office for Hilliard Lyons and Schillaci Wealth
Advisory Group
13) Is the property: Owner occupied:
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 forth specific purpose of this application? If yes, give
date and docket number, decision rendered arid pertinent explanation.
V -93-03 approved September 22. 2003. established acceptable wall sign types for the Clay Terrace
development.
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: N/ A Builder: N/ A
16) If proposed appeal is granted, when will the work commence?
as soon as possible.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which
this application has been filed?
Hilliard Lyons and Schillaci Wealth Advisory Group
NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDA TORY 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 afthe 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.
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 assigned until all supporting information has been submitted to
the Department of Community Services.
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AFFIDA VIT
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:~c:r I h/~
Pa ,eis Date
Attorney for ' 'ard Lyons and Clay Terrace
Partners, LLC
STATE OF INDIANA
SS:
COUNTY OF MARION
. Before me the undersigned, a Notary Public for Marion County, State of Indiana, personally
appeared Paul G. Reis, and acknowledge the execution of the foregoing instrument this 13th day
of January, 2006. ~. ~
Lori Garri~
My commission expires: April 27, 2008
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LORI GARRISON
Marion County
My Commission Expires
April 27, 2008
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CARMEL CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner: llB. Hilliard. W.L. Lyons. Inc. ("Hilliard Lyons")
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
The proposed sign will provide pertinent. timely and valuable information to the general public and the
community.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
The proposed sign will contribute to the unique nature of the lifestyle center and enhance the vibrant
atmosphere of the development.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical
difficulties in the use of the property because:
The location of a brokerage office in an open retail. new urban environment is non-traditional for a
professional services organization like Hilliard Lyons. Therefore. the proposed sign is necessary to raise
awareness of the firm and to portray Hilliard Lyons as a service-oriented firm in our community.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards
Variance Docket No. 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).
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Exhibit 'A'
Instrument Numbers
2003-60578
2003-60579
2003-60580
2003-60581
2003-60582
2003-6058J
2003-60584
2003-60585
2003-60588
2003-60586
2003-60587
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Exhibit 'B'
Legal Descriptions
Parcels #1 and #2
Parcell (lnstr. #2000-47987)
Part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Beginning on the North line of the East half of the Northeast Quarter of Section 24, Township 18
North, Range 3 East 810.48 feet South 88 degrees 47 minutes 30 seconds West (assumed bearing)
from the Northeast comer of said Northeast Quarter; thence South 00 degrees 02 minutes 45 seconds
East parallel with the East line of said Northeast Quarter 310.00 feet; thence North 88 degrees 47
minutes 30 seconds East parallel with said North line 170.00 feet; thence South 00 degrees 02
minutes 45 seconds East parallel with the said East line 369.8 feet to the North line of real estate
described in a conveyance by Warranty Deed Record 168, page 378 in the Office of the Recorder of
Hamilton County, Indiana; thence South 88 degrees 51 minutes 20 seconds West parallel with the
South line of said Northeast Quarter 665.09 feet to the West line of said East half; thence North 00
degrees 00 minutes 50 seconds West on said West line 323.30 feet to a point 355.55 feet South of the
Northwest comer of said East Half; thence North 88 degrees 46 minutes 42 seconds East 206.95 feet;
thence North 00 degrees 57 minutes 39 seconds East 355.68 feet to a point on the North line of said
Northeast Quarter 1092.21 feet West of the Northeast comer thereof; thence North 88 degrees 47
minutes 30 seconds East on said North line 123.73 feet to the Northwest comer of real estate
described in a conveyance by Warranty Deed recorded in Deed Record 209, page 211 in said
Recorder's Office, being 948.48 feet West of said Northeast comer; thence South 00 degrees 12
minutes 30 seconds East on the West line of said real estate 350.00 feet to the Southwest comer
thereof; thence North 88 degrees 47 minutes 30 seconds East on the South line of said real estate
parallel with said North line 125.00 feet to the Southeast comer of said real estate; thence North 00
degrees 12 minutes 30 seconds West on the East line of said real estate 350.00 feet to the North line
of said Northeast Quarter; thence North 88 degrees 47 minutes 30 seconds East on said North line
33.00 feet to the place of beginning.
Parcel 2 (lnst. #2000-47988)
Part of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, located in Hamilton
County, Indiana, being more particularly described as follows:
Beginning 843.48 feet West ofthe Northeast comer of the Northeast quarter of Section 24, Township
18 North, Range 3 East; thence West on and along the North line of said Quarter Section 125 feet to
a point; thence South on a forward deflection angle of89 degrees 00 minute left 350 feet to a point;
thence East and parallel to the North line of said quarter section 125 feet to a point; thence North 350
to the place of beginning.
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Parcel #3
A part of the East Half ofthe Northeast Quarter of Section 24, Township 18 North, Range 3 East,
described as follows:
Beginning at a point 680.0 feet South of the Northeast comer of the East Half of Section 24,
Township 18 N, R 3 E; thence South on and along the East line of said East Half 680.3 feet to a
point; thence West 1305.42 feet to the West line of said East Half; thence North 680.3 feet to an iron
stake; thence said point being 679.5 feet South, of the Northwest comer of the said East Half; thence
East 1305.71 feet to the place of beginning.
ALSO:
A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East,
described as follows:
Beginning at the Northeast comer of the Northeast Quarter, of Section 24, Township 18 N, R 3 E;
thence South along the East line of said Quarter section 680.00 feet to a point; thence West parallel
with the North line of said Quarter section 639.71 feet to an iron stake, said point being 666.0 feet
East of the West line of said East Half; thence North Parallel with the West line of the East Half
680.0 feet to the intersection with the North line of said Quarter section; thence East on and along
said North line 640.0 feet to the place of beginning.
EXCEPT: (RIGHT OF WAY)
A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East,
Hamilton County, Indiana described as follows:
Commencing at the northeast comer of said section; thence South 88 degrees 36 minutes 43 seconds
West (assumed bearing) 195.218 meters (640.48 feet) along the north line of said section to the
prolonged west line ofthe owner's land; thence South 0 degrees 13 minutes 46 seconds East 5.030
meters (16.50 feet) along said prolonged west line to the point of beginning of the description, which
point is on the south boundary of 146th Street ;thence North 88 degrees 36 minutes 43 seconds East
134.360 meters (440.81 feet) along the boundary of said 146th Street to the west boundary of frontage
road; thence South 1 degree 23 minutes 17 seconds East 2.043 meters (6.70 feet) along the boundary
of said frontage road; thence South 71 degrees 35 minutes 19 seconds East 20.571 meters (67.49
feet) along said frontage road; thence South 2 degrees 39 minutes 48 seconds East 11.964 meters
(39.25 feet) along said boundary; thence South 88 degrees 36 minutes 43 seconds West 154.405
meters (506.58 feet) to the west line of the owner's land; thence North 0 degrees 13 minutes 46
seconds West 20.975 meters (68.82 feet) along said west line to the point of beginning and
containing 0.3122 hectares (0.772 acres) more or less.
EXCEPT: (EXISTING R/W)
A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East,
Hamilton County, Indiana described as follows:
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Beginning on the north line of said section South 88 degrees 36 minutes 43 seconds West (assumed
bearing) 60.960 meters (200.00) feet) from the northeast comer of said section; thence South 1
degree 23 minutes 17 seconds East 5.030 meters (16.50 feet) to the south boundary of 146th Street;
thence South 88 degrees 36 minutes 43 seconds West 134.360 meters (440.81 feet) to the west line
of the owner's land; thence North 0 degrees 13 minutes 46 seconds West 5.030 meters (16.50 feet)
along said west line to said north line; thence North 88 degrees 36 minutes 43 seconds East 134.258
meters (440.48 feet) along said north line to the point of beginning and containing 0.0675 hectares
(0.167 acres) more or less.
EXCEPT: (SHELL PIPELINE)
Parcel #4
Located in the Northeast Quarter of Section 24, Township 18 North, Range 3 East, described as
follows: Beginning at a point 115.5 feet West of the Northeast comer of Section 24, Township 18
North, Range 3 East; thence South 28 degrees 18 minutes West to an iron post, a distance of 410.75
feet to an iron post; thence South 44 degrees 13 minutes West to an iron post, a distance of 461.5 feet
to an iron post; thence South 41 degrees 0 minutes to an iron post, a distance of 927.7 feet to an iron
post located 67 feet East of the Southwest comer of the Northeast Quarter ofthe Northeast Quarter
of said Section.
Parcel #5
A part of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, located in Clay
Township, Hamilton County, Indiana, being more specifically described as follows:
BEGINNING at a point on the East line ofthe Northeast Quarter of Section 24, Township 18 North,
Range 3 East, said Point of Beginning being South 00 degrees 00 minutes 00 seconds (assumed
bearing) 1360.30 feet from the Northeast comer of said Northeast Quarter; thence South 00 degrees
00 minutes 00 seconds 680.35 feet (measured, 680.2 feet Deed) on and along the East line of said
Northeast Quarter to a point being North 00 degrees 00 minutes 00 seconds 600.80 feet from the
Southeast comer of said Northeast Quarter; thence South 88 degrees 54 minutes 30 seconds West
1305.13 feet parallel with the South line of said Northeast Quarter; thence North 00 degrees 01
minutes 27 seconds West 680.20 feet; thence North 88 degrees 54 minutes 07 seconds East 1305.42
feet to the POINT OF BEGINNING. Containing 20.38 acres more or less, being subject to the right
of way grant for U.S. Road Number Thirty One and the right of way grant for a frontage road
adjacent to U.S. Road Number Thirty One, leaving 18.37 acres more or less, being subject to all
applicable easements and rights of way of record.
Parcels #6 & #7
Tract A and Tract B in A Replat of Part of Walter's Plaza Replat, the plat of which is recorded in
Plat Book 2, page 267 in the Office of the Hamilton County Recorder, Hamilton County, Indiana.
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Parcel #8
A part of the East half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Beginning at a point on the North line of the said half Quarter Section, said point being 640.58 feet
West of the Northeast Corner of said half Quarter Section. Continue thence Westwardly along and
with the aforesaid North line 170.00 feet; thence Southwardly parallel to the East line of said East
half Quarter Section 310.00 feet; thence Eastwardly parallel to the North line of aforesaid Half
quarter Section 170.00 feet; thence Northwardly 310.00 feet to the place of beginning, containing
1.200 acres, more or less.
Parcel #9
A Part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Beginning at a point on the North line of the East Half of the Northeast Quarter of Section 24,
Township 18 North, Range 3 East, South 88 degrees 47 minutes 30 seconds West (assumed bearing)
1092.21 feet from the Northeast corner of said Northeast Quarter; thence South 00 degrees 57
minutes 39 seconds West 355.68 feet; thence South 88 degrees 46 minutes 42 seconds West 206.95
feet to the West line of said East Half; thence North 00 degrees 00 minutes 50 seconds West on and
along said West line 355.55 feet to the Northwest comer of said East Half; thence North 88 degrees
47 minutes 30 seconds East on and along said North line 213.00 feet, to the place of beginning.
Except that part deeded to the Board of County Commissioner by Warranty Deed dated May 4, 1998
and recorded July 16, 1998 as Instrument No. 98-38949, in the Office of the Recorder of Hamilton
County, Indiana, being more particularly described as follows:
A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East,
Hamilton County, Indiana, described as follows:
Beginning at a point on the North line of said Section South 88 degrees 36 minutes 43 seconds West
(assumed bearing) 332.906 meters (1092.21 feet) from the Northeast comer of said Section, said
point is at a Northeast corner of the owner's land; then South 00 degrees 46 minutes 52 seconds
West 5.033 meters (16.51 feet) along an East line of the owner's land; thence South 88 degrees 36
minutes, 43 seconds West 64.705 meters (212.29 feet) to a West line of the owner's land; thence
North 00 degrees 11 minutes 53 seconds West 5.030 meters (16.50 feet) along said West line to said
North line; thence North 88 degrees 36 minutes 43 seconds East 64.791 meters (212.57 feet) along
said North line to the point of beginning and containing 0.0326 hectares (0.80 acres) more or less.
Also except that part deeded to the Board of County Commissioners by Warranty Deed dated May 4,
1998, and recorded July 16, 1998 as Instrument No. 98-38950, in the Office of the Recorder of
Hamilton County, Indiana, being more particularly described as follows:
A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East,
Hamilton County, Indiana described as follows:
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Commencing at the Northeast comer of said section; thence South 88 degrees 36 minutes 43 seconds
West (assumed bearing) 332.906 meters (1092.21 feet) to a prolonged East line of the owner's land;
thence South 00 degrees 46 minutes 52 second West 5.033 meters (16.51 feet) along said prolonged
East line to the point of beginning of this description, which point is on the South boundary of 146th
Street; thence continuing South 00 degrees 46 minutes 52 seconds West 14.982 meters (49.15 feet)
along an East line of the owner's land; thence South 88 degrees 36 minutes West 64.449 meters
(211.45 feet) to the West line of the owner's land; thence North 00 degrees 11 minutes 53 seconds
West 14.974 meters (49.13 feet) along said West line to the boundary of said 146th Street; thence
North 88 degrees 36 minutes 43 seconds East 64.705 meters (212.29 feet) along said boundary to the
point of beginning and containing 0.0967 hectares (0.239 acres) more or less.
G:\reislawIClientsIG-LILauthIClay TerracelLegal Description - Combined.doc
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ATTACHMENT A. ELECTRONIC SIGN DIMENSIONS
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20.0 ft.
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4-0 ~~' + t-.
PIXEL SIZE
20 mm
Areas to the left and right of scrolling
ticker will be relatively static. These areas
will display time, temperature, "Hilliard Lyons"
and "Schillaci Wealth Advisory Group."
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IL10:13 ctW(;f CF StIlE 75 F I
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The middle of the electronic display will scroll
to provide Carmel/Clay Terrace information, weather
forecasts, financial information, amber alerts, and
other vital communication.
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