HomeMy WebLinkAboutPacket
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CLARIAN HEAL TH PARTNERS and
VELOCITY SPORTS PERFORMANCE
SIGNAGE
Sign Variance Application and Request to
Modify a Prior Zoning Commitment
Docket No. 08020007V
City of Carmel
BZA Hearing Officer Meeting 5:30 pm - March 24, 2008
Applicant: Clarian Health Partners
c/o Lynn Wininger Smith
Velocity Sports Performance
c/o Molly Powell
Attorney: Nelson & Frankenberger
c/o James E. Shinaver 844-0106
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" iVlA8 J . 'l...U
42008
lJOCS
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T ABLE OF CONTENTS
1. Explanation
2. Aerial photograph oheal estate in context of the surrounding area
3. Site plan
4. Rendering of proposed ground sign and explanation of sign building materials
5. Photographs of existing Velocity Sports Perfoffilance wall sign
6. Copy of prior zoning commitment to the Board of Zoning Appeals regarding the
number of permitted signs for the site
7. Proposed Findings of Fact for variance request and modification of prior zoning
commitments
8. Proposed Certification by Board of Zoning Appeals Secretary Modifying the prior
zoning commitment
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EXPLANATION OF REQUEST
Velocity Sports Performance ("Velocity Sports") occupies a building that is
located west of Rangeline Road and south of Carmel Drive ("Building"). The common
address of the property is 1402 Chase Court and the zoning classification for the parcel is
M-3 Manufacturing.
Velocity Sports offers sports training services and facilities to its clients. To allow
this use, Velocity Sports obtained a use variance from the Board of Zoning Appeals
CBZA") in 2006. Velocity Sports currently has a wall sign on the northern elevation of
the Building. In this regard, it is relevant to note that the Sign Ordinance, for a use
allowed by a use variance, only permits either a ground sign or a wall sign.
Further, by way of background, in 1997 the prior owner of the property obtained a
sign variance from the BZA to permit a wall sign on the northem elevation of the
Building. This wall sign required a variance because the sign was placed on an elevation
that did not have fi'ontage to an adj acent public right of way. As part of this prior 1997
BZA approval, the prior owner executed a zoning commitment that limited the number of
signs for this pm1icular site to only one (1) sign. A copy of this zoning commitment is
included behind Tab 6.
elat'ian Health Partners ("Clarian") will be sharing space in the Building with
Velocity Sports. Clarian plans to operate in the Building its "human motion" services
program that is designed for patient rehabilitation. The services offered by Clarian will
be complimentary and synergistic to the services otTered by Velocity Sports.
In order to indentify Clarian's presence within the Building, they desire to
construct a ground sign near the entrance of the site adjacent to Chase Court, as depicted
on the site plan that is included behind Tab 3. However, in order to allow the ground
sign, Clat'iml is requesting a variance from the Sign Ordinance, as well as a modification
of the prior 1997 zoning commitment.
Absent a variance and a modification of the prior zoning commitment, Clarian
will be unable to provide notice to its patients and customers as to its location and
serVIces.
Included behind Tab 7 are proposed Findings of Fact and behind Tab 8 is a
proposed Certification by the BZA Secretary modifying the prior zoning commitment.
We look forward to presenting this matter to the BZA Hearing Officer at the March
24tl1 BZA Hearing Officer meeting.
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Commitments Concemillg the Use and
. D?:-r\ Development of Real Estate ~1l6%m~~
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K.A.T.. LLC
the _City of Carmel
(hereafter, "Applicant"), makes the following Commitments to
(government entitity).
(See Attachment - Legal Description of Property)
g.90Q823522
Filed for Reco~d 1n
Hi~i'lILTON COUiI.lTY, n.JD IANA
MRRY L CLARK
On 05-ob-i~ga At 11:52 3m.
:1'\ ISCL }" ;)(1
Description of Real Estate:
Statement of Commitments:
1. Linc Systems commits to have one and only one wall sign on the building. No additional wall sign or ground
sign on the eastern elevation v{ill be installed.
2. The applicant understands that the representations made in 1 above will survive the ownership of the
property. The applicant will make the requirements of 1 above an integral part of any agreement to sell the
property.
Binding on Heirs, Successors and Assigns. These commitments are binding on the owner of the Real Estate, each
subsequent OVv'l1er of the real estate, and each person acquiring interest in the real estate, unless modified or tenninated
by tbe governmental authOlity authorized to modifY.
Recording. The undersigned agrees to record these commitments in the Office oftbe R.ecorder or Hamilton County,
Indiana, upon granting of the approval ofthe project.
Enforcement These commitments may be enforced by the Department of Community Services and lor the City of
Can:neI, Indiana.
~ 1992.
Title: C' (.\,,,-yf/,',;. i..~ L 21(
. ^-.L Ai iJ
5T ATE OF INDIANA7 COYNTY OF HAMIL TON: BEFORE ME, a Notary public in and for said county and State,
personally appeared \;\] \ \ I \(1 "'1\ fL D e n'YH'\ , the I s"t of
'\x:. c.c:.,........\J if ,who acknowledged the execution of the foregoing COmn1itments.
, .
\VlTNESS my hand and Notarial Seal the \ SI" day of I)c. cc v;1 \~t~ ,J 9'~ ,r"l j "H " .
('Hi ~ I) ; :- ~f ~1 j "~ /
~~/f..Q.. E ~L.,.1J1 if Notary Public St~: oflndiana~ :. :;':':". ,,:SI1/. .,
Residing in KC1, (Y11 ,{o" County. My Commission Expires: dc.t.. )/;..::2'-:J'(J,~~: '=);.>.' "':'
, .,
'f.;}""",
~ :\form.~'.recommit.wru
07/97
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LEGAL DESCRIPTlON
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Port of Block 12 in the Conditional Secondary Plot of Carmel
Science and Technology Pork the plat of which was recorded
November 20, 1966 in Plot Book 13. pages 65-71 inclusive in
the Office of the Recorder of Hamilton County. Indiana more
particularly described as follows:
Commencing at the northernmost corner of Block 12, said
corner being on the southwesterly right af way line of Carmel
Drive and on a curve concave to the North having 0 radius of
580.00 feet, the radius point of which bears North 57 degrees
20 minutes 26 seconds East; thence southeasterly along said
curve and right of way line 236.47 feet to a point which
bears South 33 degrees 58 minutes 53 seconds West from said
radius point. said point also being a point Df reverse
curvature concave to the South having a radius of 20~OO feet.
the radius point of which bear's South 33 degrees 58 minutes
53 seconds West; thence Southerly along said curve and right
of way line 29.91 feet to a point qn the westerly right of
way line of Chose Court os shown in the plot of said Carmel
Science and Technology Park, said point bears South 60
degrees 19 minutes 21 seconds East from said radius point;
thence South 29 degrees 40 minutes 39 seconds West 266.15
feet along said right of way line to the POINT OF BEGINNING
of the herein described tract; thence continuing South 29
degrees 40 minutes 39 seconds West 100.66 feet along said
right of way line to the point of curvature of a non-tangent
curve conCQve to the northwest having a radius of 100.00
feet and fro;"l' ',',hieh .:: ;Gdi~~ point bears North 60 degrees 20
minutes 41 seconds West; thence southwesterly along said
curve and right of way line 67.41 feet to 0 point which bears
South 21 degrees 4-3 minutes 18 seconds East from said radius
point. said point olso being a point of reverse curvature of
Q curve concave to the southeast having a radius of 60.00
feet, the radius point of which bears South 21 degrees 43
minutes 18 seconds East; thence southerly 4-2.70 feet along
said curve and right of way line to a point bearing North 62
degrees 29 minutes 40 seconds West from said radius point;
thence North 44 degrees 58 minutes 20 seconds West 406.76
feet to the west lir<e of said Block 12; thence North 00
degrees 26 minutes 59 seconds West 53.17 feet along said
west line to the northwest corner of said Block 12; thence
North 57 degrees 20 minutes 11 seconds East 171.47 feet along
the northwest line of said Block 12; thence South 44 degrees
58 minutes 20 seconds East 388.09 feet to the POINT OF
BEGINNING of the herein described tract. said tract contains
2,000 acres more or less.
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Subject to a twenty (20) fcot ...;, oJinoge easement as shown on
the Conditional Secondary Plat of Carmel Science and
Technology Park. the plat ot which WQS recorded November 20.
1986 in Plot Book 13. pages 65-71 ill the Office of the
Hamilton County Recorder.
Subject also to a twenty (20) foot drainage and utility
easement as shown On the Conditional Secondary Plat of Carmel
Science and Technology Park, the plot of which was recorded
November 20, 1986 in Plot Book 13. pages 65-71 in the Office
of the He milto n Cou flty Recorder.
Subject also to any other covenants, easements, ond rights of
wdy of record.
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 08020007V - Sign Variance for Ground Sign and Modification of Prior Commitments to BZA
reqarding Signage
Petitioner: Clarian Health Partners and Velocitv Sports Performance, and their successors and
assi~ms
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 real estate is zoned M-3 (Manufacturina) and ;s immediately surrounded bv other offIce,
retail and commercial uses The proposed siqn will be compatible with other sianaae in the
aeneral area. Due to the foreaoina reasons, the requested sian variance and modification of
BZA commitments will not be iniurious to the public health, safety. morals and qeneral 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:
In addition to the rationale set forth in Response No.1 above, the use and value of the
area adiacent to the property included in this request will not be affected in a substantially
adverse manner because the proposed sign will be compatible to other signage in the
area, the proposed sign is intended to provide adequate notice to its patients and
customers and the property is located in an area that is surrounded by other business and
office uses.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical
difficulties in the use af the property because:
In addition to the rationale set [m1h in Responses No. 1 and No.2 above. strict
application of the terms of the Zoning Ordinance will result in practical difficulties in the
use of the property because only one (1) sign is permitted by right. but the building itself
occupies two (2) tenant businesses that have a need to properly and adequately provide
notice of their location and services to their patients and customers.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development
Standards Variance Docket No. 08020007V 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 24th day of March, 2008.
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).
Page 2 of 3- z:\sharocllfDrmsIBZA applica!lons\ DevelopmBrll Slandards Variance Applicalion rev 01/03/2006
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.: 08020007V - Siqn Variance and Modification of Prior Zoninq Commitment
Petitioner: Clarian Health Partners and Velocity Sports Performance
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
1.
2.
3.
DATED THIS 24th
DAY OF March,2008.
Board Member
Page 1 of 3-z:\shoredlforms\BZA applications\ Development Standerds Veriaoce Application rev. 01/03/2006
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Cross reference: Commitments Concerning the Use and Development of Real Estate recorded
on May 6, 1998, as Instrument Number 98-09823522 with the Recorder of Hamilton County,
Indiana.
CERTIFICATION OF BOARD OF ZONING APPEALS ACTION
MODIFYING PRIOR ZONING COMMITMENT
On March 24,2008, the Hearing Officer for the Board of Zoning Appeals for the City of
Carmel, Indiana (hereafter, "Hearing Officer") conducted a hearing regarding docket number
08020007V regarding a request for signage (hereafter, "Hearing").
As part of this Hearing, the Hearing Officer granted a request to modify a prior zoning
commitment, a copy of which is attached hereto and incorporated herein by reference as Exhibit
"N;, to allow the applicant an additional sign on the real estate legally described as follows:
Lot 5 of Block 12 of Carmel Science and Teclmology Park, an Addition to the City of Carmel,
Hamilton County, as per plat thereof recorded May 8, 1997 in Plat Cabinet 1, Slide 773 as
Instrument No. 97-17793, being a part of Block 12 of Carmel Science & Technology Park, an
Addition to the City of Carmel, Hamilton County, as per plat thereof recorded November 20,
1986 in Plat book 13, pages 65-71 in the Office of the Recorder of Hamilton County, Indiana
(hereafter "Real Estate").
The Real Estate is commonly known as 1402 Chase COUli, Carmel, Indiana 46032.
Secretary of Carmel Board of Zoning Appeals
By:
Connie Tingley, Secretary of Carmel Board of Zoning Appeals
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STATE OF INDIANA )
) SS:
COUNTY OF )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Connie Tingley as Secretary of the Carmel Board of Zoning Appeals, and baving been
duly sworn, acknowledged execution of the foregoing Certification of Board of Zoning Appeals
Action ModifYing Prior Zoning Commitments.
Witness my hand and Notarial Seal this
day of
,2008.
My Commission Expires:
Notary Public
Residing in
County
Printed Name
This document prepared by: James E. Shinaver, Nelson & Frankenberger, 3105 East 98th Street,
Suite 170, Indianapolis, IN 46280.
After recording, retum to: James E. Shinaver, Nelson & Frankenberger, 3105 East 981h Street,
Suite 170, Indianapolis, In. 46280.
Pursuant to Ie 36-2-11-15(b)(2), 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.
2
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n (r'~ I: '., (,
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Commitme11ts Concerning the Use and
,\~?If~ Development of Real Estate ~go~lil1~~
\ tv
K.A. T.. LLC
the Citv of Carmel
(hereafter, "Applicant"), makes the following Commitments to
(government entitity),
(See Attadunent - Legal Description of Property)
9809823522
Filed for Record In
hAMIL10R COUNTY, INDIANA
MARY L CLARK
On 05-oS-iSga ~t 11:52 am.
Mise 11,00
Description of Real Estate:
Statement of Commitments:
1 ~ Line Systems conunits to have one and only one wall sign on the building. No additional wall sign or ground
sign on the eastern elevation \~Il be installed,
2. The applicant understands that the representations made in 1 above will survive the ownership of the
property, The applicant will make the requirements of 1 above an integral part of any agreement to sell the
property,
Binding on Heirs, Successors and Assigns. These commitments are binding on the owner of the Real Estate, each
subsequent ov.tner of the real estate, and each person acquiring interest in the real estate, unless modified or tenninated
by the governmental authority authorized to modify,
Recording. The undersigned agrees to record these commitments in the Office of the Recorder or H81llilton County,
Indiana, upon granting of the approval of the project.
Enforcement. These commitments may be enforced by the Department of Community Services and lor the City of
Can:nel, Indiana.
, 199 L.
Title: C' ::"".J1,!?';' L. '- 21(
/)E; i..,LN iJ
STATE OF INDIANA, COVNTY OF HAMJJ.,TON: BEFORE ME, a Notary publIc in and for said county and State,
personaUyappeared \i\J\ n 1(1 '''1Jll:Lw~ll\ , the~~~ S1' of
\X CCJ"'o if , who acknowledged the execution of the foregoing Commitments,
WlTNESS my hand and Notarial Seal the \ S"l day of De c c. n-b Cr~ ,J 9~ i7'-t '" f< "', <,' '\
c-' _ : "; . .o;;t ! ':,:'.
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'"--b.L~e,-^,>- L rc-eL" rJ. Nota.y Public St~; of Illrli'IH'" '":.'..... fJ1 i .,.
Residing in ~. Ct. m 1 \-to,..., County. My Commission Expires: v,cl;;,. 1;,::J O'0~~: C)',:':.' ..':'
I -.
,:\f~)I111!l\t€Camrnrt,wpd
07/97
EXHIBIT
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LEGAL DESCRIPTION
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Port of Block 12 in the Conditional Secondary Plot of Carmel
Science and Technology Park the plat of which was recorded
November 20, 1986 in Plat Book 13, pages 65-71 'Inclusive in
the Office of the Recorder of Hamilton County, Indtona more
particulo rly described as folloW's:
Commencing at the northernmost corner of Block 12, said
corner being on the southwesterly right. of way line of Carmel
Drive and on a curve concave to the North having a radius of
580.00 feet, the radius point of which bears North 57 degrees
20 minutes 26 seconds East; thence southeasterly along said
curle and right or way line 236.47 feet to Q point which
bears South 33 degrees 58 minutes 53 seconds West from said
radius point, said point also being a point of reverse
curvature concave to the South having 0 radius of 20~OO feet,
the radius point of which bears South 33 degrees 58 minutes
53 seconds West; th-ence Southerly along said curve and right
of way line 29.91 feet to a point on the wes~edy right of
way line of Chose Court as shown in the plot of said Carmel
Science ond Technology Park, said point bears South 60
degrees 19 minutes 21 seconds East from soid radius point;
theflce South 29 degrees 40 minutes 39 seconds West 266.15
feet along said right of way line to the POINT OF BEGINNING
of the herein described tract; thence continuing South 29
degrees 40 minutes 39 seconds West 100.66 feet along said
right of way line to the point of curvature of a non-tangent
curve concave to the northwest having a radius of 100.00
feet dnd froi'-, whiCh 0. .-Gdi..::; point bears North 60 degrees 20
minutes 41 seconds West; thence southwesterly along said
curve and right of way line 67.41 feet to a point which beers
South 21 degrees 43 minutes 18 seconds East from said radius
point. said point also being 0 point of reverse curvature of
a CUl\Ie concave to the southeast having a radius of 60.00
feet. the radius point of which bears South 21 degrees 43
minutes 18 seconds East: thence southerly 42,70 feet along
said curve and right of way line to a point bearing North 62
degrees 29 minutes 40 secoilds West from said radius point;
thence North 44 degrees 58 minutes 20 seconds West 406.76
feet to the west line of said Block 12; thence North 00
degrees 26 minutes 59 seconds West 53.17 feet along said
west line to the northwest corner of said Block 12; thence
t-.!orth 57 degrees 20 minutes 11 seconds East 171.47 feet along
the northwest line of said Block 12; thence South 44 degrees
58 minutes 20 seconds East 388.09 feet to the POINT OF
BEGINNING of the herein described tract. said tract contains
2,000 acres more or less.
Subject to a twenty (20) foot ul,jinage easement as shown on
the Conditional Secondary Plat of Carmel Science and
Technology Pork. the plot of which was recorded Navember 20,
1986 in Plat Book 13. pages 65-71 in the Office of the
Ham ilton County Recorder.
SLJoject also to d twenty (20) foot drainage and utility
easement os shown on the Conditional Secondary Plat of Carmel
Science and Technology Park, the plot of which was recorded
November 20, 1986 in Plat Book 13, pages 65 - 71 in the Office
of the Hamilton Cou nty Recorder.
Subject olso to any other covenants, easements, and rights of
I'my of record.
