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HomeMy WebLinkAboutApplicationBoone, Rachel M. From: Boone, Rachel M. Sent: Wednesday, September 16, 2009 5:31 PM To: Blanchard, Jim E; Brewer, Scott I; Conn, Angelina V; DeVore, Laura B; Donahue -Wold, Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Littlejohn, David W; Martin, Candy; Stewart, Lisa M; Tingley, Connie S Cc: 'Granner, Steven' Subject: RE: Docket No. Assignment: Meridian Corporate Plaza III Signage #09090014 V) Please note the correct Public Notice Date of October 16 below. I apologize for any confusion. Thanks, Rachel 1?cvheZBoone/ Sign Permit Specialist 317.571.2417 317.571.2426 fax City of Carmel Department of Community Services 3rd Floor One Civic Square Carmel, IN 46032 http://www.ci.carmelin.usiservices/communityservice.html Please consider the environment before printing this e mail From: Boone, Rachel M. Sent: Wednesday, September 16, 2009 3:57 PM To: Blanchard, Jim E; Brewer, Scott I; Conn, Angelina V; DeVore, Laura B; Donahue -Wold, Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne NI; Littlejohn, David W; Martin, Candy; Stewart, Lisa; Tingley, Connie S Cc: 'Granner, Steven' Subject: Docket No. Assignment: Meridian Corporate Plaza III Signage #09090014 V) I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) Meridian Corporate Plaza III Signage. They will be the following: Docket No. 09090014 V $595.00 Development Standards Variance Hearing Officer Total Fee: $595.00 fee (V) Meridian Corporate Plaza 111— Signage The applicant seeks the following development standards variance approvals: Docket No. 09090014V 25.07.02-10 (b) Number of signs 9/16/2009 The site is located at 501 Pennsylvania Parkway. It is zoned B -5 B -6 within the US 31 Overlay Zone. Filed by Steve Granner of Bose McKinney and Evans on behalf of the owner. Page 1 of 2 Petitioner, please note the following: 1. This Item will not be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Friday, October 16. Published notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached PDF). 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, October 23. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON, Friday, October 16. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the November 23, 2009 agenda of the BZA. 5. This Item will appear on the October 26, 2009 agenda of the Board of Zoning Appeals Hearing Officer under Public Hearings. 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot 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 23, 2009 meeting. 8. PETITIONER: refer to your instruction sheet for more details. Mr. Granner can be contacted at 317 684 -5304. Department's Review Comments; petitioner, please 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 Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317 -444- 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. Please provide green signed return receipts. Thank you. R.ctcheL'Boone' Sign Permit Specialist City of Carmel Department of Community Services 3rd Floor One Civic Square Carmel, IN 46032 317.571.2417 317.571.2426 fax A j Please consider the environment before printing this e -mail http /www.ci.carmel.in.us/services/communityservice.html 9/16/2009 Page 2 of 2 FEE: Single Family (Primary Residence) $275.00 for the first variance, plus $85.00 for each additional section of the ordinance being varied. All Other $1,090.00 for the first variance, plus $515.00 for each additional section of the ordinance being varied. OR see Hearing Officer Fees DOCKET NO. o "I o g ©O I 1 V DATE RECEIVED 1) Applicant: MCP Partners Three, LLC Address: 501 Pennsylvania Parkway, Indianapolis, IN 46280 2) Project Name: Meridian Corporate Plaza Phone: (317) 848 -6500 Engineer /Architect: Frederick A. Simmons Phone: (317) 656 -3500 Attorney: Joseph D. Calderon, Bose McKinney Evans LLP Phone: (317) 684 -5331 Contact Person: Jack Hogan Phone: (317) 848-6500 Email: jhogan a(,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 Three, LLC 5) Record of Ownership: Deed Book No. /Instrument No.: Page: 6) Common address of the property involved: 501 Pennsylvania Parkway 1494130v1 APPLICATION FOR BOARD OF ZONING APPEALS ACTION Owner's address: 501 Pennsylvania Parkway Indianapolis, Indiana 46280 Phone: (317) 848 -6500 2005-82118; 2005-8124 Legal description: (See attached description) Tax Map Parcel Nos.: 16- 13- 11- 04 -18- 001.012 (See attached statement of reasons) CITY OF CARMEL CLAY TOWNS HAMILTON COUNTY, INDIANA DEVELOPMENT STANDARDS VARIANCE REQUEST Page 1 of 5 Purchase date: 12/21/2005 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 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). 10) Size of lot/parcel in question: 7.93 acres 11) Present use of the property: Office Complex 12) Describe the proposed use of the property: 13) Is the property: 1494130v1 Owner occupied Renter occupied Yes Other One 4 -story office building. 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; Docket No. 0809011 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 REETURN RECEIPT REQUESTRED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed. REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWNETY -FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Page 2 of 5 STATE OF INDIANA COUNTY OF MARION My Commission Expires: October 23, 2016 My County of Residence: Marion 1494130v1 1494130v1 AFFIDAVIT I, hereby swear that I am the attorney for the applicant 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. The applicant and its attorney have been authorized to act on behalf of the owner with regard to this application and subsequent he rings an. testimony. Signed SS: orn4!for Petitioner Josep D. Calderon 9/11/09 Date Before me the undersigned, a Notary Public in and for said County and State, personally appeared Joseph D. Calderon and acknowledged the execution of the foregoing instru nt this 11` day of September, 2009. Page 3 of 5 otary Public Steven B. Granner Printed STEVEN B. GRANNER Marion County UAL 1� My Commission Expires "i'p',Y•• October 23 2016 Docket No.: Petitioner: MCP Partners Three, LLC 3. DATED THIS DAY OF 2009. 1494130v1 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) Page 4 of 5 Board Member 1494130x1 Docket No.: CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Petitioner: MCP Partners Three, 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 frontage provides for greater visibility for wall signs and the total square footage of wall signs approved for the building will not be exceeded by the addition of a fourth sign. 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 major tenants is critical for the success of the building. The fourth sign will comply with the total sign area square footage approved for the building, will be located in an already 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. 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 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals day of 2009. Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 5 of 5 7) EXPLANATION OF REQUESTED DEVELOPMENT STANDARDS VARIANCE Petitioner requests the following variance of Development Standards: Chapter 25.07.02- 10(b): 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 III, 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 I -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 224.47 square feet (Belden 42 square feet; Ameriprise 83 square feet; and, The Hartford 99.47 square feet) of combined sign area for the current three signs. Therefore, the fourth sign would not exceed 75.53 square feet in sign area at this time. 1494096v1 1494099v1 8) REASONS SUPPORTING THE REQUESTED DEVELOPMENT STANDARDS VARIANCE 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 developments in the Meridian Corridor and are necessary to be competitive in this market and to allow for reasonable identification of the buildings and the major tenants of the buildings. This variance will allow a fourth sign for Building Three which will utilize the unused square footage previously approved for the three signs on the building. The fourth sign will placed such that no more than three signs will be visible on the building from any point of view. 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 Office) located in part of the Southeast Quarter of Section 11, 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 of 1- 465, the following two (2) courses are along the northern right -of -way line of 1 -465 as per Project No. I- 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 178.53 feet, the following four (4) courses are along the northern right -of -way line of 1 -465 as per Project No. STI- 465- 4(BB); 1) thence North 86 degrees 01 minutes 33 seconds West 184.01 feet; 2) thence South 89 degrees 17 minutes 54 seconds West 200.00 feet; 3) thence 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 54.00 feet; 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 feet 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 13133 feet; thence North 00 degrees 12 minutes 36 seconds West 142.71 feet to the point of curvature of 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 Office, the following seven courses being along said Southerly Right -of -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 left having a radius of 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 feet, the radius point of which bears South 00 degrees 12 minutes 36 seconds East; 4) thence Southeasterly along said curve an arc length of 139.33 feet to a point which bears North 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 left 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 Tess.