HomeMy WebLinkAboutPacket for PC 09-17-24
Meridian Trails
Commitment Amendment and Variances
Docket No. PZ-2024-00122 CA, PZ-2024-00123 V, and
PZ -2024-00130 V
CITY OF CARMEL, INDIANA
September 17, 2024
City of Carmel Plan Commission
Applicant: Justus Companies
Attorneys: Nelson & Frankenberger, LLC
Jim Shinaver, Attorney
Jon C. Dobosiewicz, Land Use Professional
317-844-0106
TABLE OF CONTENTS
1. Explanation of Request
2. Site Location Exhibit
3. Concept Site Plan
4. Architectural Exhibits
5. Building Height Exhibits
6. Proposed Use Exhibit and List
7. 2024 Amended Commitments
8. Findings of Fact – Variance requests
9. 2018 Existing Commitments
TAB 1
Meridian Trails Commitment Amendment and Variance Request – Project Description
Justus Companies, (“Justus”) has filed a commitment amendment request (the “CA Request”)
and development standards variance requests (the “Variances”) pertaining to two (2) parcels of real
estate that consist of approximately 6.0 acres, which are located at the southwest intersection of 106th
Street and Illinois Street with a common address of 201 W. 106th Street, Carmel, IN 46290
(collectively, the “Real Estate”) and included behind Tab 2 is a site location map.
The Real Estate is zoned B-1 Business and is subject to “Commitments Concerning the Use
or Development of Real Estate Made in Connection with a Variance, Special Exception or Approval
Grant”, recorded with the Hamilton County Recorder’s Office on December 3, 2018, as Instrument
No. 2018-056038” (the “2018 Commitments”). Included behind Tab 9 are the 2018 Commitments.
Justus is proposing to develop a 55+ age restricted community on the Real Estate that will
include a small mixed-use element within the building consisting of focused medical, health and
wellness services. In order to advance the development of the age-restricted community, the CA
Request seeks certain amendments and modifications to the 2018 Commitments and the Variances
seek relief from certain B-1 Business development standards. The pages behind this description
provide more detail regarding the proposal for this unique community.
Included behind Tab 7 are the proposed “2024 Commitment Amendments” and, in summary,
the modifications include, but are not limited to: allowing “Nursing, Retirement or Convalescent
Facility” as a permitted primary use on the Real Estate; adding additional accessory uses to provide
the focused medical, health and wellness services; adjustments to the permitted hours of operation;
and, adjustments to the permitted building square footage and height.
Included behind Tab 8 are Findings of Fact that describe the Variances, which pertain to the
permitted maximum building height and required number of parking spaces.
Both the CA Request and Variances will be reviewed and acted upon by the Plan Commission
as part of the “Combo Committee” process. If the CA Request and Variances are approved by the
Plan Commission, Justus would also be required, at a later date, to seek Development Plan approval
and Architectural Design, Lighting, Landscaping and Signage (“ADLS”) approval from the Plan
Commission.
Included behind Tab 3, Tab 4, Tab 5 and Tab 6, respectively, are the Concept Plan,
Architectural Character Exhibits, Building Height Exhibits and Proposed Use Exhibit and List.
We look forward to presenting this request to the Plan Commission on September 17, 2024.
Respectfully submitted,
Meridian Trails is envisioned as a sophisticated development in
Carmel, Indiana tailored to an active adult 55 and over community,
blending a small mixed‐use element. The commercial and retail
areas are set to focus on medical services and wellness‐oriented
retail or services, establishing a central hub that serves not only the
health and wellness needs of its residents but also those of the
broader community.
Revised Vision
•Cultivate a vibrant environment tailored for residents aged 55 and above,
incorporating a wellness‐focused mixed –use element.
•Create an environment where active adult seniors thrive by offering amenities and
services that promote healthy living.
•Provide wellness programing, staffing and services to support healthy aging.
•Facilitate key health and care service partnerships to allow residents to age in
place.
•Create meaningful, multi‐use common areas to facilitate community building,
health and wellness, meaningful engagement, shared recreation and relaxation.
•Harmonize with the aesthetics of surrounding residential and professional
properties, integrating the development into the local landscape.
•Prioritize top‐tier construction standards and high‐end finishes to ensure a quality‐
built environment that meets the highest standards of longevity and resident
satisfaction.
Proposed Development
•Location ‐106th & Illinois St.
•Acres –5.75
•Proposed Plan ‐Age Restricted Residential
•Approximately 169 apartments
•34 Penthouse Suites
•87 2‐Bedroom Luxury Suites
•48 1‐Bedroom Suites
•Meaningful Common Area
•Interior Courtyard
•Under Building Garage Stalls
•Portion Reserved for Public
•Detached Garages
Proposed site design
1
Meridian Trails Mixed- Use Development Narrative
NARRATIVE
Meridian Trails is envisioned as a sophisticated development in Carmel, Indiana tailored to an
active adult 55 and over community, blending a small mixed-use element. The commercial and
retail areas are set to focus on medical services and wellness-oriented retail or services,
establishing a central hub that serves not only the health and wellness needs of its residents
but also those of the broader community.
This for-lease, age-restricted community is designed to be financially accessible for the average
Carmel senior while offering supportive services that complement and enhance their lifestyles.
Meridian Trails boasts elegantly appointed apartments adorned with upscale finishes, ensuring
a luxurious living experience without the financial strain of significant entry or buy-in costs.
Situated on the southwest corner of 106th and Illinois, close to US 31/Meridian St., Meridian
Trails integrates into its environment, surrounded by high-end residential areas and an array of
medical facilities. Its design and intent are in harmony with the upscale and health-conscious
character of the neighborhood.
The primary entrance for residents will be situated on Illinois Street, facing south, welcoming
senior adults to a community crafted for downsizing in a stress-free, secure environment
focused on health, wellness, and life- enriching experiences. The residential offerings include
spacious two-bedroom and penthouse suites, alongside a wellness center and other significant
common areas designed to support an active, healthy lifestyle. The centerpiece of the outdoor
amenities, an interior courtyard, will offer a secure social setting complete with perennial
gardens, a swimming pool, walking paths, an outdoor kitchen, and recreational spaces.
The entrance to the wellness-centric commercial area of the building is strategically located on
the northwest side, facing west. This positioning ensures easy access for both residents and
visiting patrons, facilitated by a well-planned parking solution that includes both surface
parking and secure under-building options. This arrangement not only serves to welcome
visitors to the health and wellness facilities but also seamlessly integrates with the building's
overall design, emphasizing convenience and accessibility.
Meridian Trails will qualify as an age-restricted community pursuant to the HOPA law and
defined as suites for the elderly according to the UDO Definition. Limited care services include
wellness and fitness coaching, activities, events, trips and educational opportunities. An office
will be provided for the Wellness Director/Life Enrichment Director which will also include
2
office space for visiting home health, nurses, therapists and physicians. Residents may
personally contract with other care providers and will have easy access through our care
partner network. The community will be designed, built and operated for occupancy by
persons 55 years of age or older in which 100 percent of the units will have at least one
occupant who is 55 years of age or older. The community will be comprised of one building with
separate suites and the suites will provide homes for people from different families. Justus will
publish and follow policies and procedures demonstrating the intent to operate as an age -
restricted community. Age verification procedures will be in place and documented. See HOPA
Law qualifications (See Reference Section)
VISION
1. Cultivate a vibrant environment tailored for residents aged 55 and above, incorporating
a wellness-focused mixed – use element.
2. Create an environment where active adult seniors thrive by offering amenities and
services that promote healthy living.
3. Provide wellness programing, staffing and services to support healthy aging.
4. Facilitate key health and care service partnerships to allow residents to age in place.
5. Create meaningful, multi-use common areas to facilitate community building, health
and wellness, meaningful engagement, shared recreation and relaxation.
6. Harmonize with the aesthetics of surrounding residential and professional properties,
integrating the development into the local landscape.
7. Prioritize top-tier construction standards and high-end finishes to ensure a quality-built
environment that meets the highest standards of longevity and resident satisfaction.
PARKING
We propose a reassessment of the parking requirements for “suites for the elderly” under the
Nursing, Retirement, or Convalescent facility special exemption within the Unified Development
Ordinance (UDO). The current mandate of one parking space per licensed bed, plus additional
spaces for staff, contrasts starkly with the more realistic requirement of one space per unit for
independent living within Continuing Care Retirement Communities (CCRC).
Our experience across multiple senior living communities, including Promenade Trails in
Noblesville and Crestwood Village North, demonstrates a practical parking-to-unit ratio of
approximately 1.05 to 1.1. This is indicative of a trend where seniors, often transitioning to
single-vehicle households, have lesser parking needs.
Moreover, our proposed Meridian Trails community, designed as an age-restricted
environment under HOPA laws, prioritizes amenities, green space and an enhanced living
experience through wellness, fitness, and educational opportunities. Adjusting parking
requirements to reflect the actual usage and needs of our senior residents not only aligns with
their lifestyle changes but also supports our shared vision for a more sustainable and
community-focused development, emphasizing green spaces over underutilized parking lots.
3
Incorporating the benchmark of 1.0 parking spaces per apartment for independent senior living
properties, especially for active adults, aligns with the unique characteristics and needs of these
communities. Active adult communities cater to seniors who are largely independent and still
drive, though less frequently than the general population, suggesting a reduced daily need for
parking. Also, many seniors reduce to one car. This context supports the proposal for a
pragmatic adjustment of parking requirements, reflecting the real-world usage and fostering a
more sustainable, resident-focused development approach. While this is not a CCRC with
multiple levels of care, it does more closely align with independent living withi n a CCRC than it
does with a licensed bed model.
We believe that a revision of these requirements will benefit the community by aligning with
the actual needs of our residents, promoting environmental sustainability, and enhancing the
quality of life for our seniors. The current parking ratio is 1.49 taking into consideration both
residential and commercial needs.
REFERENCES
1. UDO Definition – Nursing, Retirement or Convalescent Facility: A home for the aged or
infirm in which three (3) or more persons not of the same immediate Family are housed
and provided with food ,and or care for compensation in one (1) or more congregate
buildings: but not including hospitals, clinics, or similar institutions devoted primarily to
the diagnosis and treatment of the sick or injured. Included are limited care apartments,
suites for the elderly, hospice and assisted living and nursing homes.
Resource: City of Carmel Unified Development Ordinances
2. HOPA - The Fair Housing Act: Housing for Older Persons
The Fair Housing Act specifically exempts three types of housing for older persons from
liability for familial status discrimination. Such exempt housing facilities or communities
can lawfully refuse to sell or rent dwellings to families with minor children only if they
qualify for the exemption. In order to qualify for the "housing for older persons"
exemption, a facility or community must comply with all the requirements of the
exemption.
The Housing for Older Persons exemptions apply to the following housing:
• Provided under any state or federal program that the Secretary of HUD has
determined to be specifically designed and operated to assist elderly persons (as
defined in the state or federal program);
• Intended for, and solely occupied by persons 62 years of age or older; or
• Intended and operated for occupancy by persons 55 years of age or older.
The 55 or older exemption is the most common of the three.
How to Qualify for the “55 or Older” Exemption
4
In order to qualify for the "55 or older" housing exemption, a facility or community must
satisfy each of the following requirements:
• At least 80 percent of the units must have at least one occupant who is 55 years of age
or older; and
• The facility or community must publish and adhere to policies and procedures that
demonstrate the intent to operate as "55 or older" housing; and
• The facility or community must comply with HUD's regulatory requirements for age
verification of residents.
The "housing for older persons" exemption does not protect such housing facilities or
communities from liability for housing discrimination because of race, color, religion,
sex, disability, or national origin.
Resource:
https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_ho
using_older_persons
TAB 2
NORTH
SITE
Meridian Trails - Site Location Map
106th Street
TAB 3
841'
Scale
MERIDIAN TRAILS
CARMEL, INDIANA
ACTIVE ADULT DEVELOPMENT
03.05.2024 1" = 80'-0"
SITE PLAN
SCHEME C
TAB 4
TAB 5
841'
Scale
MERIDIAN TRAILS
CARMEL, INDIANA
ACTIVE ADULT DEVELOPMENT
03.05.2024 1" = 80'-0"
SITE PLAN
SCHEME C
Building
Section Height
B Typical
Building
Section Height
A Typical
Approximate
locations of
Building Height A
Approximate
locations of
grade transition
Approximate
locations of
Building Height B
Courtyard / Units Beyond Units / Amenity Units
4th Level
Roof
2nd Level
Residential Level
3rd Level
Units Beyond Courtyard / Parking Garage/ Units Beyond Units / Parking Garage
4th Level
Roof
2nd Level
Residential Level
3rd Level
Entry Level
'
63
-
0
"
Amenity / Units
47
'
-
0
"
Scale
MERIDIAN TRAILS
CARMEL, INDIANA
ACTIVE ADULT DEVELOPMENT
03.05.2024 1" = 60'-0"
BUILDING SECTIONS
SCHEME C
47'-0"
Building
Height A
Building
Height B
Building
Height A
47'-0"
Building
Height A
TAB 6
•5962 sf of
commercial space
•Prospective Use –
selective wellness‐
oriented
businesses or
services
compatible with
resident
population.
Prospective Uses
For a mixed‐use building tailored to an active adult 55 and over community, blending
medical services with retail and wellness‐oriented businesses can create a hub that not
only caters to the health needs of its residents and surrounding community but also
enhances their quality of life. Above are possible businesses that strike that balance
between medical office and retail.
Audiology & Hearing Aid Services Med‐Spa
Optometry & Eyewear Store Outpatient Therapy Services
Dental Clinic Massage Therapy Center
Nutrition & Health Food Store Health & Wellness Center
Bookstore & Reading Lounge Pharmacy & Health Retail
Beauty Salon &/or Barber Shop Yoga & Meditation Studio
Nail Salon and Waxing Chiropractic & Acupuncture Clinic
Musculoskeletal Health CenterPodiatry Clinic
Personal Trainer
TAB 7
AMENDED COMMITMENTS CONCERNING USE AND
DEVELOPMENT OF REAL ESTATE
Document Cross Reference: Commitments Concerning the Use or Development of Real Estate
Made in Connection with a Variance, Special Exception or Approval Grant, Recorded with the
Hamilton County Recorder’s Office on December 3, 2018, as Instrument No. 2018-056038 and
Warranty Deed Recorded with the Hamilton County Recorder’s Office on February 17, 2021, as
Instrument No. 2021-12399.
WHEREAS, 10580 N. Illinois St., LLC (the “Owner”) and Justus Companies (the
“Applicant”) filed zoning petitions identified as Docket Numbers PZ-2024-00122 CA; PZ-2024-
00123 V; and, PZ-2024-00130 V (collectively, the “Applications”) with the City of Carmel Plan
Commission (the “Plan Commission”) pertaining to parcels of real estate that are identified by
the Hamilton County, Indiana Auditor’s Office as Tax Parcel Identification Numbers 16-13-11-
00-00-039.000 and 17-13-11-00-00-002.000 (collectively, the “Real Estate”), which Real Estate
is more particularly described in Exhibit A which is attached hereto and incorporated herein by
reference;
WHEREAS, pursuant to I.C. 36-7-4-1015, and the City of Carmel’s Unified
Development Ordinance (the “UDO”), the Plan Commission may modify a prior written zoning
commitment, and the Owner and Applicant, seek to amend and modify certain
“Commitments Concerning the Use or Development of Real Estate Made in Connection With a
Variance, Special Exception or Approval Grant, Recorded with the Hamilton County Recorder’s
Office on December 3, 2018, as Instrument No. 2018-056038” (the “2018 Commitments”);
WHEREAS, the Owner and Applicant are requesting the Plan Commission consider
approval of the Applications subject to the amendment and modification of the 2018
Commitments, as set forth herein, which amendment and modification shall be referred to herein
as the “2024 Amended Commitments”;
WHEREAS, the Owner and Applicant make the following 2024 Amended
Commitments to the Plan Commission regarding the use and development of the Real Estate.
Numbered sections of the 2018 Commitments that are to be amended and modified are set forth
in in these 2024 Amended Commitments; and,
NOW, THEREFORE, BE IT ORDAINED that the Plan Commission hereby approves,
adopts and ratifies the 2024 Amendment Commitments, as set forth below, and any provisions
contained in the 2018 Commitments that are not specifically amended, modified or superseded
herein by the 2024 Amended Commitments shall remain in full force and effect.
1. Amended 2024 Commitments. The use and development of the Real Estate is subject
to the following 2024 Amended Commitments:
A. Commitment #1 of 2018 Commitments: Nursing, Retirement or Convalescent
Facility, as defined by the UDO, shall be an additional permitted primary use on the
Real Estate.
2 | Page
B. Commitment #2 of 2018 Commitments: The uses listed below shall be permitted as
additional accessory uses within the building to be constructed on the Real Estate:
1. Medical-spa; outpatient therapy services; massage therapy center; health and
wellness center; pharmacy and health retail services; yoga and meditation studio;
chiropractic and acupuncture clinic; podiatry clinic; personal trainer, audiology
and hearing aid services; optometry and eyewear store; dental clinic nutrition and
health food store; bookstore and reading lounge; beauty salon, barber shop; nail
salon and waxing center and musculoskeletal health center
C. Commitment #3 of the 2018 Commitments: The commitment pertaining to hours of
operation limitations shall be eliminated and vacated and there shall be no hours of
operation limitations applicable to the Real Estate.
D. Commitment #4 of the 2018 Commitments: The reference to the “Exhibit B -Site
Plan” in the 2018 Commitments shall be applicable to designate the approximate
location of the masonry privacy wall that shall be constructed on the Real Estate and
the 30’ setback and green buffer that shall be required for the Real Estate. The
building positioning shown on “Exhibit B – Site Plan” of the 2018 Commitments
shall not be applicable and shall not be enforceable. A site plan depicting the
building positioning on the Real Estate shall be required by the Plan Commission as
part of a future Development Plan approval that shall be required for the Real Estate.
E. Commitment #7 of the 2018 Commitments: The commitment, including “Exhibit -
C”, shall be eliminated, vacated, superseded and replaced with the following
commitment:
a. Any building to be constructed on the Real Estate shall feature the quality and
character of the architectural design and materials similar to the building
images shown on what is attached hereto and incorporated herein by reference
as “Exhibit B”
F. Commitment #9 of the 2018 Commitments: The specific provisions below shall
replace and supersede the provisions contained in Commitment #9 of the 2018
Commitments:
i. The Maximum Building Square Footage shall be 258,000 square feet.
ii. The Maximum Building Height shall be 47 feet for a majority of the
building to be constructed on the Real Estate.
iii. The Maximum Building Height for that portion of the building to be
constructed on the northeast section of the Real Estate that faces toward
106th Street shall be 63 feet, and this increased height maximum is
confined solely to this lower-lying area (the northeast corner of the Real
Estate).
3 | Page
iv. The building on the Real Estate shall be located within 30’ of Illinois
Street.
3. Modification of 2024 Amended Commitments. These 2024 Amended Commitments
shall continue in full force and effect until modified or terminated by the Plan Commission
pursuant to UDO and the Plan Commission’s Rules of Procedure.
4. Effective Date. These 2024 Amended Commitments shall be effective upon the Plan
Commission’s approval of the Applications.
5. Recording. These 2024 Amended Commitments shall be recorded with the Office of the
Recorder of Hamilton County, Indiana by the Owner or Applicant upon approval of the
Applications by the Plan Commission. Within thirty (30) days after the recording of these 2024
Amended Commitments, the Owner or Applicant shall provide to the City of Carmel’s Director
of Community Services a recorded copy of these 2024 Amended Commitments.
6. Enforcement. These 2024 Amended Commitments may be enforced by the Plan
Commission or the City of Carmel’s Director of Community Services.
7. Binding on Successors. These 2024 Amended Commitments are binding upon (i) each
owner of the Real Estate and (ii) upon each owner’s successors, assigns and grantees with
respect to the portion of the Real Estate owned by such successor, assign and grantee and during
such successor’s, assign’s and grantee’s ownership, unless modified or terminated by the Plan
Commission pursuant to Paragraph 3 above. Notwithstanding the provisions of this Paragraph
7, these 2024 Amended Commitments and the 2018 Commitments shall terminate as to any part
or parts of the Real Estate for which the zoning district or classification is later rezoned and/or
changed after the Effective Date.
IN WITNESS WHEREOF, the Owner and Applicant have caused these Commitments
to be executed as of the dates identified below.
- Signatures Pages on Following Pages -
4 | Page
“Owner”
10580 N. Illinois St., LLC
By: ____________________________
Name: ____________________________
Title: ____________________________
Date: ___________________, 2024
STATE OF INDIANA )
) SS.:
COUNTY OF ______________ )
Before me the undersigned, a Notary Public, in and for said County and State, personally
appeared ______________________________ (name) as _______________________ (title) of
10580 N. Illinois St., LLC, as the Owner, who acknowledged the execution and the foregoing
2024 Amended Commitments this _____ day of _____________, 2024 for and on behalf of said
entity.
WITNESS my hand and Notarial Seal this _________ day of _________________, 2024.
My Commission Expires: ___________________________________
____________________ Notary Public
Residing in _____________ ___________________________________
County of _____________ Printed Name
5 | Page
“Applicant”
Justus Companies
By: ____________________________
Name: ____________________________
Title: ____________________________
Date: ___________________, 2024
STATE OF INDIANA )
) SS.:
COUNTY OF ______________ )
Before me the undersigned, a Notary Public, in and for said County and State, personally
appeared ______________________________ (name) as _______________________ (title) of
Justus Companies, as the Applicant, who acknowledged the execution and the foregoing 2024
Amended Commitments this _____ day of _____________, 2024 for and on behalf of said
entity.
WITNESS my hand and Notarial Seal this _________ day of _________________, 2024.
My Commission Expires: ___________________________________
____________________ Notary Public
Residing in _____________ ___________________________________
County of _____________ Printed Name
This instrument prepared by James E. Shinaver and Jon Dobosiewicz, Nelson & Frankenberger,
550 Congressional Blvd., Suite 210, Carmel, IN 46032.
Return to: James E. Shinaver, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210,
Carmel, IN 46032.
I affirm under the penalties of perjury that I have taken reasonable care to redact each social
security number in this document, unless required by law. James E. Shinaver.
EXHIBIT A
Legal Description
(Page 1 of 3)
A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton
County, Indiana, described as follows:
Begin at a point 660.0 feet East of the Northwest corner of the Northwest Quarter of Section 11,
Township 17 North, Range 3 East in the North line of said Quarter Section; thence East on and
along the North line of said Northwest Quarter 330.0 feet to a point; thence South parallel with
the West line of said Quarter Section
660.0 feet; thence West parallel with the North line of said Quarter 330.0 feet to a point; thence
North parallel with said West line of said Quarter Section 660.0 feet to the place of beginning,
containing 5 acres, more or less.
ALSO:
A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton
County, Indiana, and being that part of the grantor ’s land lying within the right of way lines
depicted on the attached Right of Way Parcel Plat, marked Exhibit “B”, described as follows:
Commencing at the Northwest corner of said Quarter Section, designed as point “3” on said
parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds
East 990.00 feet to the Northwest corner of the property described in Instrument No.
2011006453 in the Office of the Recorder of Hamilton County, Indiana; thence along the West
line of said property South 00 degrees 02 minutes 50 seconds East 137.63 feet to the point of
beginning of this description, designated as point “332” on said plat; thence South 16 degrees
38 minutes 51 seconds East 127.41 feet to point “603” designated on said plat; thence
Southeasterly 163.28 feet along an arc to the left and having a radius of 770.0 feet and
subtended by a long chord having a bearing of South 26 degrees 24 minutes 41 seconds East
and a length of 162.98 feet to point “602” designated on said plat; thence Southeasterly 270.67
feet along an arc to the right and having a radius of 640.00 feet and subtended by a long chord
have a bearing of South 20 degrees 22 minutes 13 seconds East and a length of 268.66 feet to
the South line of said property described in Instrument No.
2011006453, designated as point “601” on said plat; thence along said South line South 89
degrees 12 minutes 10 seconds West 202.10 feet to the Southwest corner of said property;
thence along the West line of said property North 00 degrees 02 minutes 50 seconds West
522.71 feet to the point of beginning, containing
1.247 acres, more or less.
EXCEPT:
A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton
County, Indiana, and being that part of the grantor ’s land lying within the right of way lines
depicted on the attached Right of Way Parcel Plat, marked EXHIBIT “B”, described as
follows:
Commencing at the Northwest corner of said Quarter Section, designated as point “3” on said
parcel plat; thence along the North line of said Section North 89 degrees 09 minutes 45 seconds
East 660.00 feet to the prolonged West line of the grantor ’s land, and the point of beginning of
this description; thence continuing along said North line North 89 degrees 09 minutes 45
seconds East 330.00 feet to the prolonged East line of the grantor’s land; thence along said East
line South 00 degrees 02 minutes 50 seconds East 10.00 feet to the South boundary of 106th
Street; thence continuing along said East line South 00 degrees 02 minutes 50 seconds East
127.63 feet to point “332” designated on said plat; thence North 39 degrees 26 minutes 59
seconds West 116.56 feet to point “333” designated on said plat; thence South 89 degrees 37
minutes 50 seconds West 127.44 feet to point “334” designated on said plat; thence South 00
degrees 18 minutes 48 seconds West 31.17 feet to point “335” designated on said plat; thence
South 89 degrees 08 minutes 24 seconds West 128.38 feet to the West line of the grantor ’s
land, designated as point “336” on said plat; thence along said West line North 00 degrees 02
minutes 03 seconds West 66.72 feet to the South boundary of 106th Street; thence continuing
along said West line North 00 degrees 02 minutes 03 seconds West 10.00
NORTH
SITE
Meridian Trails - Site Location Map
106th Street
EXHIBIT B
Character Building Imagery
(Page 1 of 2)
TAB 8
Page 1 of 3
EXHIBIT “E”
PROPOSED FINDINGS OF FACT
CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: __________________
Petitioner: Justus Companies and their successors and assigns in interest.
Request: 1. UDO 2.20 Maximum Building Height: A variance from the allowable building height
from 45’ to 47’ for the majority of the building and 63’ for the northern portion of the
building that faces toward 106th Street.
2. UDO 5.30 Parking Spaces: UDO requirement would be approximately 340 parking
spaces and the site plan shows approximately 232 parking spaces.
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
1. The approval of the requested variances will not be injurious to the public health, safety, morals
and general welfare of the community because:
The approval of the requested variances will not be injurious to the public health, safety, morals
and general welfare of the community because development of the site will comply with all
other required B-1 standards, including all standards related to drainage and the variances only
request the relief necessary to accommodate the proposed development on the Real Estate. The
proposed development should not result in any negative impacts to the public health, safety,
morals and general welfare of 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 use and value of the area adjacent to the real estate that is the subject of the requested
variance will not be affected in a substantially adverse manner because the proposed use is a
permitted use on the Real Estate and the site will comply with all other required B-1 standards,
including requirements related to drainage and the variances only request the relief necessary to
accommodate the proposed development on the Real Estate. The proposed development
should not have a substantially adverse impact on the use and value of the area adjacent to the
subject Real Estate.
Page 2 of 3
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:
Strict application of the B-1 Standards that are the subject of the variance requests results in
practical difficulties in the use of the Real Estate, as the height variance request is due to the
different grade changes along certain portions of the building and the parking variance
request is based on the Applicant’s experience in operating the type of facility being
requested. The variance requests only seek the necessary relief needed to accommodate the
proposed development on the Real Estate. Due to the foregoing, absent approval of the
requested variance pertaining to building height and parking spaces, the Applicant will be
substantially impacted on how it is able to accommodate the desired building and site
design for the Real Estate.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals Hearing Officer that
Development Standards Variance Docket No. _____________ is granted, subject to any conditions
stated in the minutes of this meeting, which are incorporated herein by reference and made a part
hereof.
Adopted this __ day of _______________ 2024.
_________________________________________
BOARD OF ZONING APPEALS
_________________________________________
SECRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 3 of 3
CARMEL/CLAY BOARD OF ZONING APPEALS
BALLOT SHEET for FINDINGS OF FACT – VARIANCE
Docket No.: __________________
Petitioner: Justus Companies and their successors and assigns in interest.
Request: 1. UDO 2.20 Maximum Building Height: A variance from the allowable building height
from 45’ to 47’ for the majority of the building and 63’ for the northern portion of the
building that faces toward 106th Street.
2. UDO 5.30 Parking Spaces: UDO requirement would be approximately 340 parking
spaces and the site plan shows approximately 232 parking spaces.
1. _____________________________________________________________________________________
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2. _____________________________________________________________________________________
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3. _____________________________________________________________________________________
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DATED THIS ___ DAY OF ______, 2024.
__________________________________________________
BZA Board Member
TAB 9