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Boone, Rachel M.
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From: Boone, Rachel M.
Sent: Wednesday, September 24,200811 :17 AM
To: Blanchard, Jim E; Brewer, Scott 1; Conn, Angelina V; Coy, Sue E; DeVore, Laura B; Donahue-Wold,
Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M;
Littlejohn, David W; Stewart, Lisa; Tingley, Connie S
Cc: 'preis@boselaw.com'
Subject: Docket No. Assignment: (V) Meridian Corporate Plaza II - Signage (#08090011 V)
I have updated the file. I have contacted the petitioner ahd issued the necessary Docket Numbers for (V)
Meridian Corporate Plaza II - Signage. It will be the following:
DocketNo.08090011V
Total Fee:
$572.50
$572.50
Hearing Officer DSV fee
(V) MeridialJCorporate Plaza 11- Signage
The applicant see:ks'thefollowing development standards variance approval:
Docket No. 08090011 V Ch. 25.07.02-10 b) Number of signs
Th.e site is located a1301 Pennsylvania Pkwy. It is zoned B-5/B-6 in the US 31 Overlay. Filed by Paul Reis of
Bose McKinney and Evans.
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Petitioner, ph:~ase 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 no later than Friday, October 17. Published notice
is required within the Indianapolis Stat. ' Note: the placement of a pLiblichearing sign on the property is
also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached pdf).
3. Toe Prpof of Notice will neeq,to be. received by this Departm,ent qo)ater than noon"Frid~y, qc;:tober 24.,
Failure tei submit prooLof Notice by. this, time will result in the tabling of th~'petition. '
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley
no later than NOON, Friday, October 17. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition to the November 24, 2008 agenda of the BZA.
5. This Item will appear on the October 27,2008 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-Factsheettor 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. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to
be' heard: If no one appears, it will be tabled to the November 24, 2008 meeting.
8. PETITIONER: refer to your instruction sheet for more details.
Mr. Reis can be contacted at 317-684-5369.
Department's RevieW Comments: petitioner, glease complete the folloWing: .
1.) Make sure the public notice meeting time to the newspaper and neighbors.reads 5:30 PM. It is suggested to
send the' notice to the'lndianapolis Star newspaper by Noon, two days prior to the.printing de'i3dlihe (317c444- .
7163 or email: publicnotices@indystar.com).
2.) Please make checks payable to the City of Carmel.
3.) Please provide filled out and notarized placement of public notice sign affidavit.
4.) Please provide proof of notice from the Indy Star,
5.) The previous variance for the transfer of sign square footage covers the potential placement of this fourth sign
on either the southwest, northwest or north faqade of the building. The sign may not be located on the south,
southeast or northeast facades of the building because there are already signs in those locations.
6.) Because the total sign square footagewill not exceed the originally approved 300 sq. ft., a variance for
10/14/2008
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maximum square footage is not required. The variance for number of signs covers the fourth paragraph of the
Revised Explanation of Development Standards Variance.
Thank you.
'R~'Bo-on.e--
Sign Permit Specialist
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
317.571.2417
317.571.2426 fax
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10/1412008
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CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Sin.gle Famil,Y (Pri~ary Residence) $275.00 for the first variance, plus $85.00 for eaS~~fawb.~I~ption of the
ordinance bemg vaned. . '. . . .,' ... ~): .
All Other $1,090.00 for the first va nance, plus $515.00 fo~ each additional sectlo~~o7f the ordlnariee bellil~aned.
OR see Hearing Officer Fees . ~L~l ,';' RECEIVED "1\
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DOCKET NO. O'b () 00 II I z,. ;' v . DATE RECEIVED \. ~~\\ O,,} 2:008 .l:,:;:,
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Phone: (317) 848-6500'
Phone: (317) 656.3500
Phone: (317) 684.5369
Phone: (317) 848-6500
1) Applicant
MCP Partners Two, LLC
Address: 401 Pennsylvania Parkway, Indianapolis, IN 46280
2) Project Name: Meridian Corporate Plaza
Engineer/Architect
Frederick A Simmons
Attorney:
Paul G. Reis
Contact Person'
Jack Hogan
Email: jhogan@lauth.net
3) Applicant's Status: (Check the appropriate response)
X (a) The applicant's name is on the deed to the property
(b) The applicant is the contraCt purchaser of the property
X (c) Other: an affiliate of the other owner entities
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: MCP Partners Two, LLC
Owner's address: 401 Pennsylvania Parkway
Indianapolis, IN 46280
5) Record of Ownership:
Deed Book No'!lnstrument No.: 2005-82118; 2005.8124
Phone: (317) 848-6500
Page:
Purchase date: 12/21/2005
6) Common address of the property involved: 301 Pennsylvania Parkway
Legal description: (See attached description)
Tax Map Parcel No.: 16-13.11.-04-18.001.011
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).
(See attached description.)
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
(See attached statement of reasons)
9) Present zoning of the property (give exact classification): B5/U.S. 31 Overlay and B6/U.S. 31 Overlay
10) Size of loUparcel in question: 8.82 acres
Page 1 of 5
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Present use of the property: Office Complex
Describe the proposed use of the property: One 4-story office building.
Is the property: Owner occupied Yes
Renter occupied Yes
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.
Docket No. 05080011 DP/ADLS: Meridian Corporate Plaza; Docket No.'s 05080033 UV and 34-37 V
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?
After a lease is signed
17} If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Owners
NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY 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 of the 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 RESPONSIBI L1TY 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 assiqned until all supporting information has been submitted to
the Department of Community Services.
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AFFIDAVIT
I, hereby swear that I am the owner/contradpurchaser 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 applicatibn and subsequent hearings and testimony.
Signed
(Att
9/12/08
Date
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me the undersigned, a Notary Public in and for said County and State, personally appeared Paul G.
Reis and acknowledged the execution of the ,foregoing instrume this 12th day of September, 2008.
Steven B. Granner
Printed
My Commission Expires:
My County of Residence:
October 23, 2008
Marion
Page 3 of 5
Docket No.:
Petitioner:
1,
2.
3.
DATED THIS
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
MCP Partners Two, LLC
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
DAY OF
,20 .
Board Member
Page 4 of 5
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CARMEUCLA Y ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
MCP Partners Two. LLC
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 1-465 frontaqe provides for areater visibilitv for wall signs. the total square footaqe of wall siqns approved
for the building will not be exceeded bv the addition of a fourth sian, and the fourth sign is not visible from
1-465,
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 signs will be consistent with other signs existing in the U,S, 31 Corridor Overlay Zone,
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:
adequate identification for maior tenants is critical for the success of the buildina, The fourth sign will comply
with the total sign area square footaae approved for the building. will be located in an alreadv approved
location on the building and at no point of observation will more than three signs be visible on the building.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. ---1L 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 ~
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 5 of 5
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EX PLANA TION
OF
REQUESTED DEVELOPMENT STANDARDS VARIANCES
Petitioner requests the following variances of Development Standards:
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Chapter 25.7.02-1 O(c):
to allow the area of a sign to be calculated by multiplying the
maximum vertical dimension of any logo by its maximum horizon
dimension and adding it to the area of any letters calculated by
multiplying the maximum vertical dimension of the letters by their
maximum horizontal dimension.
to allow (i) a maximum of four (4) wall signs on Building Two
with a maximum of two wall signs be~ permitted on either the
north or south fayade of~building and (ii) to allow the transfer
of fa9ade sign rights to other facades, per the Sign Criteria, and
Exhibits A and B filed and approved by Docket No.'s 05080035-
37.
to allow the fourth wall sign on Building Two to utilize the unused
square footage of the other three signs permitted on Building Two
(each being permitted a maximum of 100 square feet). The unused
square footage available for the fourth sign is currently 63 square,
feet.
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REASONS SUPPORTING
THE REQUESTED DEVELOPMENT STANDARDS VARIANCES
The Sign Criteria or program previously approved for Meridian Corporate Plaza by Docket No.'s
05080035-37 is consistent with signs existing in other similar deveiopments in the Meridian
COlTidor and are necessary to be competitive in this market and to allow for reasonable
identi.fication of the buildings and the major tenants of the buildings. This variance will allow a
fourth sign for Building Two which will utilize the unused square footage previously approve for
the three signs on the building. The fourth sign wilt placed such that no more than three signs
will be visible on the building from at point of view.
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MERIDIAN CORPORATE: PLAZA TWO
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Overall Boundary
A part of that tract of land which was previously platted as part of "College Park," the plat of which was recorded April
1, 1920 in DEED RECORD 113, pages 2 and 3 in the Office of the Recorder of Hamilton County, Indiana, (part of said
plat has been vacated by the Carmel Plan Commission per Docket No. 43-87 -PV recorded September 22, 1987 as
instrument #8743000 in said Recorder's OHice) located in part of the Southeast Quarter of Section i 1, Township 17
North, Range 3 East in Clay Township, Hamilton County, Indiana being bounded as follows:
Commencing at the Northeast Corner of the Southeast Quarter of Section 11, Township 17 North, Range 3 East;
thence South 00 degrees 12 minutes 36 seconds East (assumed bearing) 861.70 feet along the East Line of said
Southeast Quarter; thence South 89 degrees 47 minutes 24 seconds West 43.00 feet to the western right-of-way line
of College Avenue and to the POINT OF BEGINNING of this description; thence South 00 degrees 12 minutes 36
seconds East 467.86 feet along the western right-of-way line of College Avenue to the northern right-of-way line 011-
465, the following two (2) courses are along the northern right-of"way line of 1-465 as per Project No. 1-465-4-(94)-130;
1) thence South 89 degrees 06 minutes 19 seconds West 141.50 feet; 2) thence North 86 degrees 32 minutes 18
seconds West 17853 feet, the following four (4) courses are along the northern right-of-way line of 1-465 as per Project
No. STI-465-4(B8); 1) thence North 86 deS)rees 01 minutes 33 seconds West 184.01 feet; 2) thence South 89 degrees
17 minutes 54 seconds West 200.00 feet; 3lthence South 85 degrees 17 minutes 38 seconds West 501.22 feet;
4) thence South 89 degrees 17 minutes 53 seconds West 359.08 feet; thence North 00 degrees 12 minutes 37
seconds West 26.98 feet; thence North 89 degrees 47 minutes 24 seconds East 230.00 feet; thence North 00 degrees
12 minutes 36 seconds West 62.00 feet; thence South 89 degrees 47 minutes 24 seconds West 9.00 feet; thence
North 00 degrees 12 minutes 36 seconds West 62.00 feet; thence South 89 degrees 47 minutes 24 seconds West
54.00Ieet; thence North 00 degrees 12 minutes 36 seconds West 67.00 feet; thence South 89 degrees 47 minutes 24
seconds West 167.00 feet; thence North 00 degrees 12 minutes 36 seconds West 126.72 feet to the point of curvature
of a curve to the left having a radius of 74.00 feet, the radius point of which bears North 20 degrees 46 minutes 48
seconds West; thence Northeasterly, Northerly, and Northwesterly along saId curve and arc length of 205.91 leet to a
point which bears North 00 degrees 12 minutes 36 seconds West from said radius point; thence South 89 degrees 47
minutes 24 seconds West 131 .33 feet; thence North 00 degrees 12 minutes 36 seconds West 142.71 feet to the point
of curvature 01 a curve to the right having a radius of 121.00 feet, the radius point of which bears North 89 degrees 47
minutes 24 seconds East; thence Northeasterly along said curve an arc length of 66.62 feet to a point which bears
North 58 degrees 39 minutes 55 seconds West from said radius point; thence North 31 degrees 20 minutes 05
seconds East 108.74 feet to a point on the southerly Right-of-Way of Pennsylvania Parkway, per Grant of Right-of-Way
Instrument #8923759, Hamilton County Recorder's OHice, the following seven courses being along said Southerly
Righl-ol-Way line; 1) thence South 58 degrees 39 minutes 55 seconds East 105.04 feet to the point of curvature of a
curve to the leM having a radius 01 302.50, the radius point of whIch bears North 31 degrees 20 minutes 05 seconds
East; 2) thence Southeasterly along said curve an arc length of 166.54 feet to a point which bears South 00 degrees
12 minutes 36 seconds East; 3) thence North 89 degrees 47 minutes 24 seconds East 1014.27 feet to the point of
curvature of a curve to the right having a radius of 220.00 leet, the radius point of which bears South 00 degrees 12
minutes 36 seconds East; 4) thence Southeasterly along said curve an arc length 01 139.33 feel to a point which bears
Norlh 36 degrees 04 minutes 34 seconds East from said radius point; 5) thence South 53 degrees 55 minutes 26
seconds East 150 19 feet to the to the point of curvature of a curve to the leM having a radius of 215.00 feet, the radius
point of which bears North 36 degrees 04 minutes 34 seconds East; 6) thence Easterly along said curve an arc length
of 115.16 feet to a point which bears South 05 degrees 23 minutes 11 seconds West; 7) thence South 43 degrees 56
minutes 39 seconds East 36.02 feet to the POINT OF BEGINNING of this description. Containing 23.04 acres, more
or less.
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REVISED EXPLANATION OF DEVELOPMENT STANDARDS VARIANCE
MCP Partners Two, LLC
Increase in number of permitted Identification Signs for Multi- Tenant Multi-Level Building
under 25.07.02-10 and as permitted under variance approved under Docket Number 05080037V.
Under the approved variance, the Meridian Corporate Plaza Building II, is entitled to 3 wall
Identification Signs to be located in 10 possible locations as shown on the attached exhibit.
If this variance request is granted, the fourth wall sign will remain subject to the Wall Sign
Criteria adopted the Meridian Corporate Plaza project under Docket Number
05080011DP!ADLS (the "Sign Criteria") which provides, in part, that no more than one sign
may be located on each of the northwest, northeast, southeast and southwest facades.
Additionally, the north and south facades, the facades that directly face Pennsylvania Parkway
and 1-465, may not have more than two signs on each of those respective facades.
Under the approved Sign Criteria, each wall sign is permitted a sign area of 100 square feet for
an aggregate amount of 300 square feet. As a condition to the approval of this variance request,
Petitioner will agree that no individual wall sign will exceed 100 square feet and the aggregate
sign area for all four signs shall not exceed the previously approved 300 square feet. Currently,
there is only 23 7 square feet of combined sign area for the cun-ent three signs. Therefore, the
fourth sign would not exceed 63 square feet in sign area at this time.
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