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HomeMy WebLinkAboutApplication Boone, Rachel M. From: Boone, Rachel M. Sent: Monday, December 20, 2010 10:53 AM To: Blanchard, Jim E; Conn, Angelina V; Donahue -Wold, Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Keeling, Adrienne M; 'Littlejohn, David W'; Martin, Candy; Mindham, Daren; 'Stewart, Lisa'; Tingley, Connie S Cc: 'Jon Dobosiewicz' Subject: Docket No. Assignment: (DSV) Meridian Corporate Plaza 1 Signage #10120005, 6, 7 V) Attachments: BZA Public Notice Sign Procedure.pdf I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) Meridian Corporate Plaza 1 Signage. They will be the following: Docket No. 10120005 V $601.00 Development Standards Variance Hearing Officer fee Docket No. 10120006 V $300.00 Development Standards Variance Hearing Officer additional fee Docket No. 10120007 V $300.00 Development Standards Variance Hearing Officer additional fee Total Fee: $1201.00 (V)rMeridian Corporate Plaza j1 Signage The applicant seeks the following development standards variance approvals: Docket No. 10120005 V Ch ;:25:07 :02 -10 b) Number of signs (3 requested, 2'allowed) Docket No. 10120006 V Ch. 25.07.02 -10 c) Total square footage (335 requested, 230 allowed) Docket No. 10120007 V Ch. 25.07.02 -10 b) Two signs facing south ROW (1 allowed) Thesite.is located at 401, Pennsylvania Pkwy. It is zoned B -5 and B -6 within the US 31 Overlay Zone.. Filed by Jon Dobosiewicz of Nelson •Frankenberger on behalf of Jones Lang LaSalle, Americas. 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 Saturday, December 25th. Published notice is required within the Indianapolis Star. Note: the placement of a publiCs 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, Monday, January 3 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, Wednesday, December 22 "d Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the January 25, 2011 agenda of the BZA. 5. This Item will appear on the January 4 2011 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 January 25, 2011 meeting. 8. PETITIONER: refer to your instruction sheet for more details. Mr. Dobosiewicz can be contacted at 317 844 0106. 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: publicnoticesindystar.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. i che'3aavie' 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 http: /www.ci.carmel.in.us /services /communityservice.html Please consider the environment before printing this e- tnail 2 3v REGE1VED CITY OF CARMEL CLAY TOWNSHIP 7r w 1 9 5 2010 HAMILTON COUNTY, INDIANA DOSS APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST Oj S FEE: Single Family (Primary Residence) $286.00 for the first variance, plus $88.00 for each additional section of the ordinance being varied. All Other $1,133.50 for the first variance, plus $535.50 for each additional section of the ordinance being varied OR see Hearing Officer Fees DOCKET NO. I 0 t -7--0OO"J n DATE RECEIVED: 7i"" r-; 1) Applicant: Jones Lang LaSalle, Americas Attn: Ryan D. Miller Address: See Exhibit "B" Phone: See Exhibit `B" 2) Project Name: Meridian Corporate Plaza One Wall Signs Engineer /Architect: N/A Attorney: Charles D. Frankenberger Phone:, (317) 844 -0106 Email: Charlie @nf- law.com Contact Person: Jon C. Dobosiewicz Phone: (317) 844 -0106 Email: jon @nf- law.com 3) Applicant's Status: (Check the appropriate response) (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 The applicant is an agent of the owner (see enclosed consent form) 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Inland American Office Trust Phone: See Exhibit `B" Landowner address: See Exhibit "B" 5) Record of Ownership: Deed Book No. /Instrument No.: 6) Common address of the property involved: 401 Pennsylvania Parkway, Indianapolis, IN 46280 Legal description: See "Exhibit A" Tax Map Parcel No.: 16- 13- 11- 04 -18- 001.009 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). The applicant seeks approval to allow two (2) wall signs facing 1 -465. Section 25.07.02 -10(b) permits one (1) sign. VVLi VYI k-�� S c c- rV3 `i S V CA-26 3 Vi/3 1 a Gi t e- c -t-..v 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance See the attached Findings of Fact. Meridian Corporate Plaza DSV 121110 9) Present zoning of the property (give exact classification): B -5 and B -6 (Business) 10) Size of lot/parcel in question: 5.47 acres 11) Present use of the property: General Office 12) Describe the proposed use of the property: General Office 13) Is the property: Owner occupied Renter occupied X 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. Applicant will also be seeking ADLS Amend approval for the proposed signs from the Special Studies Committee. 15) Has work for which this application is being filed already started? If answer is yes, give details: No Building Permit Number: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? Immediately upon obtaining all required approvals 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? The Applicant, its successors and assigns 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 RESPONSIBILITY 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 assigned until all supporting information has been submitted to the Department of Community Services. Meridian Corporate Plaza DSV 121110 EXHIBIT "A" (LEGAL DESCRIPTION) 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) 783.52 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; THENCE South 00 degrees 12 minutes 36 seconds East 441.04 feet along the western right -of -way line of College Avenue to the northern right -of -way line of I -465, the following two (2) courses are along the northern right -of -way line of I -465 as per Project No. I- 465- 4 -(94) -130; 1) THENCE South 89 degrees 06 minutes 19 seconds West 139.50 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 I -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 122.71 feet to the POINT OF BEGINNING; 3) THENCE continue South 89 degrees 17 minutes 54 seconds West 77.29 feet; (4) THENCE South 85 degrees 17 minutes 38 seconds West 253.06 feet; THENCE North 00 degrees 12 minutes 36 minutes West 521.48 feet; THENCE South 89 degrees 47 minutes 24 seconds West 74.34 feet; THENCE North 45 degrees 12 minutes 36 seconds West 55.00 feet; THENCE North 00 degrees 12 minutes 36 seconds West 84.11 feet to the southerly Right -of -Way line of Pennsylvania Parkway; THENCE North 89 degrees 47 minutes 24 seconds East along said southerly line 622.68 feet; THENCE South 00 degrees 12 minutes 36 seconds East 69.67 feet; THENCE South 44 degrees 47 minutes 24 seconds West 37.38 feet; THENCE South 89 degrees 47 minutes 24 seconds West 153.45 feet; THENCE South 00 degrees 12 minutes 36 seconds East 527.88 feet to the POINT OF BEGINNING, Containing 5.47 acres, more or less. Meridian Corporate Plaza DSV 121110 1. Applicant: Meridian Corporate Plaza DSV 121110 EXHIBIT "B" (CONTACT LIST) Jones Lang LaSalle, Americas Attn: Ryan D. Miller, Associate 8900 Keystone Crossing, Suite 1150 Indianapolis, IN 46240 Phone: 317- 810 -7036 Fax: 317- 810 -7001 Email: ryan .miller @joneslanglasalle.com 2. Attorney /Land Use Professional: Charles D. Frankenberger Jon C. Dobosiewicz Nelson Frankenberger 3105 E. 98 Street, Suite 270 Indianapolis, IN 46280 Phone: 317- 844 -0106 Fax: 317- 846 -8782 Email: Charlie @nf- law.com Email: Jon@nf- law.com 3. Owner: Inland American Office Trust Attn: Janice Cohler, Leasing Director 2901 Butterfield Road Oak Brook, IL 60523 Phone: 630 -575 -2894 Email: Cohler@inlandgroup.com 4. Sign Company: LB &A Sign Management Attn: Lisa Bohn 14074 Trade Center Drive, Suite 235 Fishers, IN 46038 Phone: 317- 403 -5080 Fax: 317- 288 -7792 Email: info @lba- signmgmt.com CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Jones Lang LaSalle, Americas 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 two wall signs will effectively address identification of the major tenants of the building from I- 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: Two or more wall signs facing I -465 is consistent with the majority of multi -tenant multi -level buildings in the corridor and allows for reasonable identification of major tenants. Adequate identification of major tenants promotes improves and promotes higher occupancy rates in the 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: Adequate identification of major tenants is critical to the success of building leasing. Absent utilizing the proposed number of signs the owner will be placed at a competitive disadvantage with other similarly situated buildings in the US31/Meridain Street Overlay permitted more than one sign facing I -465. IT IS THEREFORE the decision of the Carmel 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 day of 20 CHAIRPERSON, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals Meridian Corporate Plaza DSV 121110 DECISION Conditions of the Board are listed on the back. (Petitioner or his representative to sign).