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HomeMy WebLinkAboutPacketCARMEL BOARD OF ZONING APPEALS EXHIBIT BOOK PETITIONER: Zeller Management Corp. DATE OF HEARING: June 22, 2009 SITE: Penn Mark Plaza 11595 and 11555 N. Meridian Street VARIANCES: 09050015V -Total Number of Signs 09050016V -Number Facing ROW 09050017V -Location 09050018V -Total Square Footage RF~F/V JUN / 21p ~D Dp~s Agent for Petitioner: Steven B. Granner, AICP Bose McKinney & Evans LLP 111 Monument Circle, Suite 2700 Indianapolis, IN 46204 (317) 684-5304 seranner n,boselaw.com 1414757 f~ ' ~ Findings of Fact (Ballot Sheet) ~• n'~ AVERY' 600022 ~a F~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ ~ ~ ~ ~ ~ r ~ i^^~ CARMELICLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 1, 2. 3. 09050015V Zeller Management Corp. FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS 22nd DAY OF June , 2009. ttoartl Member 1400362_1 Page 6 of 3 CARMELICLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana DocketNo.: 09050016V Petitioner: Zeller Management Corp. FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1, 2. 3. DATED THIS 22nd DAY OF June , 2009. Board Member 1400362_1 _ Page 6 of 3 1 i 1 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana DocketNo.: 09050017V Petitioner: Zeller Management Corp. FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1, 2. 3. DATED THIS 22nd DAY OF June , 2009. Member 1400362_1 Page 6 of 3 CARMELICLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana DocketNo.: 09050018V Petitioner: Zeller Management Corp. FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1, 2. 3. DATED THIS 22nd DAY OF June , 2009. Member 1400362_1 Page 6 of 3 '~ i 1 1 1 Tab 2 i I 1 2 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 09050015V Petitioner: Zeller Management Corp FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the for while arriving by way of Pennsylvania Street will be able to identify the oro~er huflrilnn 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 si ns existing within the US 31 Corridor 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: similar variances have been approved for similar office buildings located within the US 31 Corridor and complying with current sign ordinance standards might result in significant leasing difficulties for these five and eight story buildings and will cause inadequate tenant and building identification opportunities. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 09050015V 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 22nd day of June , 2009. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals 1990362_1 Conditions of the Board are listed on the back, (Petitioner or his representative to sign). Page 7 of 3 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 09050016V Petitioner: Zeller Management Com. 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 Meridian Street frontage provides for reater visibility for wall signs while visitors arnvrng by way of Pennsylvania Street will be able to identify the proper buildin 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 within the US 31 Corridor 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: similar variances have been approved for similar office buildings located within the US 31 Corridor and complying with current sign ordinance standards might result in significant leasing difficulties for these five and eight story buildings and will cause inadequate tenant and building identification oooortunities. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 09050016V 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 22nd day of June , 2009. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals 1400362_1 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 7 of 3 i i 1 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 09050017V Petitioner: Zeller Management Corp. FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the Meridian Street frontage provides for rester visibility for wall signs while visitors arriving by way of Pennsylvania Street will be able to identify the proper buildin . 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 existin within the US 31 Corridor 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: similar variances have been approved for similar office buildings located within the US 31 Corridor and complying with current sign ordinance standards might result in significant leasing difficulties for these five and eight story buildings and will cause inadequate tenant and building identification opportunities. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 09050017V 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 22nd day of June , 2009. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals i i 1 1400362_1 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 7 of 3 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA 1 Docket No.: 09050018V Petitioner: Zeller Management Com. FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the Meridian Street frontage provides for greater visibility for wall si ns while visitors arriving by way of Pennsylvania Street will be able to identify the proper building 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 si ns existing within the US 31 Corridor ' 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: I similar variances have been approved for similar office buildings located within the US 31 Corridor and complying with current sign ordinance standards might result in significant leasing difficulties for these five and eight story buildings and will cause inadequate I tenant opportunities. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 09050018V 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 22nd day of June , 2009. CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals i 1-0D0362_t Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 7 of 3 i t Tab 3 1 AMENDED STATEMENT OF VARIANCE DESCRIPTION OF REQUESTED DEVELOPMENT STANDARDS VARIANCES Petitioner requests the following variances of Development Standards: Chapter 23.07.02-I0(b): to allow (i) a maximum of three (3) tenant identification wall signs on each building, in addition to the "One Penn Mark Plaza" building identification wall sign and_the "11595" address wall sign located on the east fapade of One Penn Mark and in addition to the "Two Penn Mark" building identification wall sign located on the east fapade of Two Penn Mark; (ii) to allow the transfer of fapade sign riglrts to other facades; and, (iii) to allow Two Penn Mark to have an additional (3`a) tenant identification wall sign. Chapter 25.7.02-10(c): to allow the six permitted tenant identification wall signs (3 on One Penn Mark and 3 on Two Penn Mark) to contain a maximum total of 550 square feet, with no individual tenant identification wall sign exceeding a maximum of 105 square feet and with no more than two tenant identification signs per building permitted facing Meridian Street. ' ~ \~~jJ ~Aa~,;~~~~~ 1402238 2 Tab 4 ' AMENDED STATEMENT OF SUPPORT The tenant identification wall sign program requested by this petition is consistent with signs existing in other similar developments in the Meridian Corridor which have previously been granted variances by the Carmel Board of Zoning Appeals. A tenant identification wall sign program such as this request is necessary to be competitive in this market and to allow for reasonable identification of the buildings and the major tenants of the buildings. Currently, sign square footage is calculated by the tallest height of the sign, including any logo, multiplied by the widest width, not taking into account "dead space". Counting "dead space" as sign area is problematic when a wall sign must be located near the top of an eight (8) or five (5) story building. The height of the Penn Mark Plaza buildings, the shape of the Penn Mark Plaza buildings, the fact that the 3`d building in this complex [which is owned by a different owner and is a two (2) story building] already has a variance to allow three (3) tenant identification wall signs, the fact that the site has three (3) road frontages, and the fact that each building within this multi-tenant building complex has multiple tenants renders it beneficial to have a tenant identification wall sign program for this development. 1 ,,~°3----~. l ~ ~t i~~~-'`~ ;~~'~~~ 10~y ,; . t?~t''t ~~ \~8~\ ~~ L!~ 1 1 1402266_1 Tab 5 Y ~, ~"~ 200 pQCS US 31 Corridor Zoning ~ One Penn Mark Plaza & Two Penn Mark Plaza 1~ I~ N 34 ~~, ~~ ' ~~ `~~cj °;;:: ; °~A~~fl~S 1 i 1 1 1 Tab 6 1 gga A~R~ n @~9R6y S? a p~~~i eFi ~ a'~ ~ " I gg p a v < > ~,pyn5~ ~~8~ a~~$~2~$S ~~ ~~E m °k s ~ w3~g~s~~e as ~-~ ~ y~ a ~~~a'~~g~~g e tl t~G I I ~$~ gsd4n 3 ~s I85 I I o 0 a G. $g~~ Xsi sus s s3 j ~ I ~ls®~ ~~~N ~~s '~- I pF~ee ~! -R a8 ~yc ~i ~~ S® e ap wags- a I I €e~ ~ '~~ st G 's I I ani n i nmi , ~g 8§' ~;~~gg ~' I I ~~~ ~~~~g~x~~ ~ \~ r @ 8 ash ~R~N,e ~~s~ 'R ~ ~ \ ~•\\ ~~ / u ~ a ____________ __ ______ _ _ _____ R^~A ~u~m _, ~_ p V g ~ R~ ~ - a g _ ~~"a ~~~k S~se~ s g I---I $gg4$ 3 Kegs $ ~4~g vg~ ~~~~^~~~~ S ~~€ §I r r s - ~ q~.p Q:;gg~ a~ - ~- ~ ~I ss6b ~~3 ~'a ~S S~v°~ p2~ ~~ P3~ ~e 9a~ e ~~~~s~9 - ~~%~=aid ~~~$p~~~ ?~5~~~#~ ~s$ § _ - ~ 3~ - ~' ~s 8' a ° ~$gp -__- - - ~ &R ~ ~~ 9 r? ~ g D- - ~ s u¢ue p S a w g arcsum mn m~~rlsn ~ $ - X __.__-_ __. .w u~'awp1~B1~ms enwi~ EISi UNIiEp ACCEQ A/W UNE U.i 31 Im ewws su¢mm~nwusrw si r-vrysl wpm im) y N00995YW - .zas• ~ WASL IP.a11W R nma<<wwua.o we evw~ x ~um.+m_~¢w ir. __ ___ _____ ___ ~ ~ ~ Q P wsaxv R ~ q E \ ~ III I P i ~1 €~ nom uc ~` ~ -u. 3 ~ s i ri ¢j9 ~ ~ °~'~ ~~~~ ~J ~£~ „ ~P~~ ~ ~~ ~ •'.~r.; ~ r. 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One Penn Mark -North a 1 One Penn Mark - $ast ~ ~ ~ ~ ~ ~ ~ ~ Two Penn Mark -West e, ~'t Y O z ~= .~ ~~ 6 ~ a 0 3 ~. ~ ;~_~ F~ ~~ ~ ~ '1 E F~~ ~~. ~. ~ ~~ i ~ .:, - k ~ { c ' ~ cj ~ ~ J r ~ { z~ ; e ~i ; ~~ . o~:~~ a_-'_ .. Two Penn Mark -East ~.~°~„~1,'~I HOOOO SEFIES RECYCLE06 soee P.cw y A7 23456; AMENDED Qom, S-GN SUMMARY ~~i FOR ~ ~~C,C-~ ~,;, ONE PENN MARK PLAZA ~ ~s,P'~ and .- <zt `.`~.°, TWO PENN MARK PLAZA °b, TENANT IDENTIFICATION WALL S[GNS a r 9 g ti PURPOSE: The purpose of these sign requirements is to assure sign continuity and uniformity throughout the plaza. It is essential that the signage compliment the architectural design of the plaza and that the esthetics of ' the plaza be maintained at all times. All signs must be approved, in writing, by Landlord or its representative. GENERAL' All signs must consist of individual illuminated channel letters. All letter components must be constructed and installed as described within the following criteria. Tenant shall be responsible for the fulfillment of all requirements and ' specifications, including those of the applicable local governing agency and/or codes, and obtaining all necessary sign permits. Tenant shall be responsible for the installation and maintenance of their sign. Should Tenant's sign require maintenance or repair, Landlord shall give Tenant thirty (30) days written notice to effect said maintenance or repair. Should Tenant fail to do same; Landlord shall have the right to undertake repairs and Tenant shall reimburse Landlord. Wording of the signs shall not include the trade name of products sold or the price of items sold except as a part of the Tenant's trade name or insignia, Use of generic terms will be reviewed on an individual basis. DESIGN Tenant signs shall not be restricted to a certain letter style or font. Each letter or logo construction, lighting, and installation must be consistent with the letter components of the National Electrical Code. Layouts must be submitted to the Landlord for written approval prior to sign construction. Drawings must include copy, size, colors, placement and a ' cross section detailing the installation. Upon approval, a permit application must be filed, by tenant, with the Cannel Department of Community Services. A copy of the approved permit must be rehimed to ^ the Landlord prior to sign installation. No sign of any sort shall be permitted on top of the building roof ' iaozz69_i CONSTRUCTION Letters and logo components shall be constructed with 5" deep dark bronze trim caps and returns. Each sign component shall have weep holes at the bottom to a]lotiv proper drainage. LIGHTING: Illumination shall be 6500 White (or equivalent) neon tubing within the channels. COLOK: The sign faces, except for logos, shall be 2146 Ivory plexiglass. NUMBER: Tenant Identification Wall Signs: There may be a combined total of six (6) wall signs for the two buildings, with no more than three signs for each building and with no more than two signs per building facing Meridian Street. SIZE: No individual wall sign shall exceed 105 square feet. No letter can be taller than 48" in height. Logos are not to exceed 25% of the allowable sign area. The maximum total area for all six (6) permitted tenant identification wall signs shall be 550 square feet. All signs, except for logos, are to be on one line. (No stacked formats are permitted, except for logos.) PLACEMENT: Signs maybe placed at any of the sign locations shown on [he attached elevations, subject to the limitations on number of signs. Si~is must be centered horizontally with adjacent signage on the building. A photo rendering of placement must accompany the spec drawing for final approval. The landlord reserves the right to adjust placement to ensure architectural compatibility with the fagade. INSTALLATION: All components are to be installed on the sign band, projected off the background with stainless steel spacers and anchored to the background surface. Neon connections to the secondary wiring are to be made in UL approved conduit. All secondary wiring is to be installed on the backside of the wall enclosed in grounded metallic flexible conduit. 120 volt g 6 7 8 9ID transformers are to be installed in vented metal boxes on the backside of M~ zyy the wall. Primary wiring to the sign, including a time clock, is the d responsibility of the tenant. The Tenant is to maintain a consistent on/off ,a e`ay ~~i ~~ ~`~ g schedule as specified by the Landlord. All signs are to be fabricated and ~r .,_~ y nstalled based on U.L. specifications. ;,~, ~, ~- ti All conductors, transformers, and other equipment shall be concealed. Electrical service to the sign shall be on Tenants meter and shall be part of TenanC's construction and operation costs. 1402269 I All bolts, fastenings, clips, etc., shall be painted to match the sign mounting surface. No sign maker's label or other identification will be permitted on the exposed surface of sign, except for those required by local ordinance which shall be placed in an inconspicuous location. All penetrations of the building structure required for sign installation shall be neatly sealed in a watertight condition. The sign contractor shall repair any damage caused by his work. Damage to the structure that is not repaired by the sign contractor shall become the Tenant's responsibility to correct. ' Tenant shall be filly responsible for the operation of the Tenant's sign contractor and shall indemnify, defend and hold the parties harmless from damage or liabilities on account thereof. REMOVAL Upon lease termination, the Tenant is responsible for the removal of the sign and repair to the wall from the installation and use of the sign to the condition of the wall prior to the Tenant's installation of the sign. GUARANTEE: The Sign Company shall carry workman's compensation and public liability insurance against all damage suffered or done to and all persons and/or property while engaged iu the construction or erection of signs in the amount of up to $2,000,000.00 + $1,000,000 per occurrence. Landlord reserves the right to hire an independent electrical engineer (at Tenant's sole expense) to inspect the installation of Tenant's sign and to require the Tenant to have any discrepancies and/or code violations corrected at the Tenant's expense. ' 140226)_1 ~~ yy''5'~~ ;': t{,