HomeMy WebLinkAboutPacket 02-28-11HAMILTON CROSSING BUILDING NO. 3
12800 N. MERIDIAN STREET
(aka U.S. Highway 31 North)
CARMEL /CLAY BOARD OF ZONING APPEALS
HEARING OFFICER
11020004V
11020005V
11020006V
FEBRUARY 28, 2011
CARMEL /CLAY PLAN COMMISSION
SUBDIVISION COMMITTEE
11020007 ADLS Amend.
MARCH 1, 2011
DUKE REALTY LIMITED PARTNERSHIP
Steven B. Granner, AICP
Zoning Consultant
Bose McKinney Evans LLP
111 Monument Circle, Suite 2700
Indianapolis, IN 46204
(317) 684 -5000
1835845v1
Exhibit Description
INDEX TO EXHIBITS
1. Description of Requests
2. Variance Petition
3. ADLS Petition
4. Zoning Map
5. Hamilton Crossing Signage Specifications
6. Proposed Sign Location
7. Findings of Fact
8. Ballot
DESCRIPTION OF REQUESTS
FOR
HAMILTON CROSSING BUILDING THREE
DESCRIPTION OF REQUESTED DEVELOMENT STANDARDS VARIANCES
Petitioner requests the following variances of Development Standards:
Chapter 23.07.02- 10(b):
Chapter 25.7.02- 10(c):
Petitioner requests the following ADLS Amend. Approval:
1835866v1
to allow (i) a maximum of four (4) tenant identification wall signs
for Hamilton Crossing Building Three and (ii) to allow two signs
facing one right -of -way.
to allow the permitted tenant identification wall signs on Hamilton
Crossing Building Three to contain a maximum total of 285 square
feet.
DESCRIPTION OF REQUESTED ADLS AMEND.
to install one new sign on the south elevation of Hamilton Crossing
Building Three.
FEE: Single Family (Primary Residence) $291.90 for the first variance, plus $89.00 for each addition section of the
ordinance being varied. All Other $1,156.50 for the first variance, plus $546.40 for each addition section of
the ordinance being varied. OR see Hearing Officer Fees
DOCKET NO. DATE RECEIVED
1) Applicant: Duke Realty Limited Partnership
CITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
Address: 600 E. 96 Street, Suite 100, Indianapolis, IN 46240
2) Project Name: Hamilton Crossing West, Building 3 Phone: 317 -808-
Engineer /Architect: N/A Phone: N/A
Attorney: Joseph D. Calderon, Bose McKinney Evans LLP Phone: 317 684 -5331
Contact Person: Steven B. Granner, AICP Phone: 317 684 -5304
Email: sgranner @boselaw.com
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
(c) Other:
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
5) Record of Ownership:
Deed Book No. /Instrument No.:
Page:
200300007707, Recorded 1/22/03
6) Common address of the property involved: 12800 US Highway 31 N. (a /k /a North Meridian Street)
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).
Petitioner requests a variance of development standards of Section 25.07.02 -10(b) of the Sign Ordinance to allow
for a fourth sign (2 sign on 126 Street) to be located on Building 3 at Hamilton Crossing. In no event shall the
total sign square footage exceed 285 sq. ft. for the four wall signs.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact Development Standards Variance The Sign Ordinance permits one wall sign
for each street frontage. Building 3 essentially has three street frontages. Variances for one or two extra signs
on buildings in the corridor are common as long as the total square footage is not exceeded.
9) Present zoning of the property (give exact classification): B2 /US 31 Overlay
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Legal description: See Attached Legal Description
Tax Map Parcel No.: 16- 09- 26- 00 -00- 016.301
Page 1 of 8
Phone:
Purchase date: July 29, 2002
10) Size of lot/parcel in question: 9.62 acres
11) Present use of the property: Office
12) Describe the proposed use of the property: 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. Yes, previous variances and ADLS Amend. Approvals for
signs on Meridian Street and 126 Street.
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?
ASAP
17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this
application has been filed?
Duke Realty Limited Partnership
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.
Applicant Signature: Date:
The applicant certifies by signing this application that he /she has been advised that all representations of the Department of Community Services are
advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and /or the legal advice of his /her attorney.
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Page 2 of 8
I, hereby swear that I am the owner /contract purchaser 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 application and subsequent hearings and testimony.
My Commission Expires:
My County of Residence:
1833764v1
Signed
AFFIDAVIT
oseph D. Calderon
STATE OF INDIANA
SS:
COUNTY OF MARION
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 instr ent this 14th flay of February, 2011.
Page 4 of 8
1
Notary Public
Printed
4 :119 STEVEN B. GRANNER
it4dTmir, Marion County
s My Commission Expires
October 23, 2016,
2/14/11
Date
ADLS /ADLS AMENDMENT APPLICATION
(ARCHIl'ECTURAL DESIGN, LIGHTING /LANDSCAPING, and SIGNAGE)
ADLS Fee: $912 (plus $121.20 /acre when not accompanied by a Development Plan App.)
ADLS AMEND Fees: Sign only: $301, plus $60.10 /sign;
Building/Site: $607, plus $60.10 /acre
(Note: fees are d fter the application receives a docket number, and not before.)
Date:
ADLS
DP Attached
Name of H Crossing West, Building 3
Project: g g
Type of
Project:
Office Park
Project
Address: 12800 US Highway 31 N. (a /k/a North Meridian Street)
Project Parcel ID 1 6. 0 9. 2 6. 0 0. 0 0_ 0 1 6 3 0 1
Legal Description: (please use separate sheet and attach)
Name of Duke Realty Limited Partnership
y ners p
Applicant Address: 600 E.
Contact Person: S teven
Fax No. 317- 223 -0304
FEE 1 52011
DOGS
96th Street, Suite 100
B. Granner Phone: 317- 684 -5304
Email: sgranner @boselaw.com
Name of
Landowner: Duke Realty Limited Partnership Phone: 317 808 -6609
Landowner Address: 600 E. 96th Street, Suite 100
Docket No.
)#111'/ X ADIS Amend
Previous DP? Yes No
Plot Size: 9.62 acres Zoning Classification: B2 /US 31 Corridor
Present Use of Property Office
Proposed Use of Property:
New Construction? Yes No X New /Revised Sign? Yes X
No
Remodeled Construction Yes No X New Parking? Yes No X
Revised: 12 /28/2010 filename: ADLS ADLS AMEND 2011
1
New Landscaping? Yes No X
PARKING
No. of Spaces Provided: N/A No. Spaces Required: N/A
DESIGN INFORMATION
Type of Building: N/A No. of Buildings: N/A
Square Footage: N/A Height: N/ No. of Stories N/A
Exterior Materials: N/A
No. of Signs: (see sign summary)
Location(s): (see sign summary)
Dimensions of each sign: (see sign summary)
Exterior Colors: N/A
Maximum No. of Tenants: N/A Type of Land Uses: N/A
Water by: N/A Sewer by: N/A
LIGHTING
Type of Fixture: N/A Height of Fixture: N/A
No. of Fixtures: N/A Additional Lighting: N/A
Plans to be submitted showing Foot candle spreads at property lines, per the ordinance.
LANDSCAPING
Engineered Landscape Plans to be attached /submitted showing plant types, sizes, and locations
Square Footage of each s (see sign summary)
Total Height of each sign: (see sign summary)
SIGNAGE
Revised: 12/28 /2010 filename: ADLS ADLS AMEND 2011
(see sign summary)
Type of S
2
AFFIDAVIT
I the undersi
d, to the best of my knowledge and belief, submit the above information as true and correct.
Signature of
Applicant:
Joseph
(Print)
STATE OF INDIANA
SS:
deron
Marion
County of Before me the undersigned, a Notary Public
Joseph D. Calderon
(SEAL)
(County in which notarization takes place)
T itle: Attorney
Date: February 14, 2011
for Marion County, State of Indiana, personally appeared
(Notary Public's county of residence)
(Property Owner, Attorney, or Power of Attorney)
14 th day of February 20 11
STEVEN B. GRANNER
Marion County
My Commission Expires
October 23, 2016
and acknowledge the execution of the foregoing instrument this
Notary Public Signature
Notary Public Please Print
My commission expires:
Revised: 12 /28/2010 filename: ADLS ADLS AMEND 2011
3
Hamilton Crossing
Signage Specifications
Tenant will not erect any signs except in conformity with the following policy.
A. Building Sign Requirements
R ECEIVED
FEB 1 2011
D OCS
1. All signs will be constructed of individual letters, reverse internally
illuminated clear acrylic on the backside of the letter to protect the neon. All
cans to be painted cool gray 3 -C. The style of the letters may be restricted to
ensure uniformity and maintain sufficient separation and contrast among
Tenants. All trim caps and returns shall be black. Anything other than cool
gray is subject to the Landlord's approval. Each Tenant's customary signature
will be requested.
2. The size of all Tenants' signs shall be limited and shall be centered within the
limits of the Tenants' designated area and shall not project more than
six inches (6 beyond the fascia of signing area and will conform to the
following criteria:
A. Sign size must meet the City of Carmel's requirements for sq. ft,
color specifications and fabrication for the area.
B. All permitting and filing fees will be the responsibility of the Tenant.
C. Maximum Length Shall be limited to 75% of length of sign area
per City of Carmel's sign requirements.
D. Maximum Height One (1) line of copy three feet (3'); two (2)
lines four feet (4') from top of upper line to bottom of lower line.
E. Tenant logos cannot exceed more than 25% of the sq footage of the
signage allowed.
F. Logo colors will be approved on a tenant- by- tenant basis.
G. Landlord reserves the right to accept or deny any signage approval
whether limited by the criteria or not.
3. No exposed raceways, neon tubes, ballast boxes or electrical transformers will
be permitted. Sign company names or stamps are to be placed on the topside
of the letters, not visible from the ground.
4. Painted or printed signs on the exterior surface of any building, including
paper signs, stickers or banners are not permitted.
5. Signs with clear face material or exposed neon are not permitted.
6. Sign company must remove chalk lines upon installation. If not removed,
Landlord will remedy and invoice Tenant for removal.
7. Signs shall not be placed on canopy roofs extending above the building's roof,
placed on penthouse walls, or placed so as to project above the parapet,
canopy or top of the wall upon which it is mounted.
8. Signs shall not be placed perpendicular to the building.
9. Sign company must notify Landlord 48 hours prior to installation with
Certificate of Insurance
10. No occupant shall have an exterior sign that identifies leased departments
and/or concessionaires operating under the occupant's business or trade name,
nor shall such sign identify specific brands or products for sale or services
offered within a business establishment, unless such identification is used as
part of the occupant's trade name.
B. OTHER SIGNS PERMITTED
1. Landlord shall apply suite labels on Tenant door consistently throughout the
building. Landlord must approve all other signage.
2. Paper or cardboard signs, temporary signs (exclusive of professionally
prepared temporary signs), stickers or decals must be approved by the
landlord.
C. MONUMENT SIGNS
Landlord will provide individual letters on a double -faced ground monument
sign. Tenant name will conform to all others on the same monument.
D. TENANT RESPONSIBILTY FOR EXTERIOR BUILDING SIGN
1. Tenant shall submit name of Tenant's sign contractor and three (3) complete
sets of drawings to Landlord for written approval before fabrication.
2. Sign drawings will include elevation view of building showing sign
dimensions of height of letters and length of sign and color sample of sign
panel, and cross section view through sign letter showing the dimensioned
projection of the face of the letter from the face of the sign panel.
3. Tenant shall lawfully erect sign at its own risk and expense, including final
electrical connection.
4. All signs, including installation, will comply with all local building and
electrical codes.
5. Tenant shall maintain signs in good repair at all times.
6. Upon vacating, Tenant shall remove all signs and repair all damaged caused by
such removal.
WARNING: Landlord shall have NO RESPONSIBILTY WHATSOEVER for any cost, expense
or loss arising out of or in condition with orders for or construction, fabrication or refabrication of
signs, whether or not in conformity with these sign criteria. A permit for erection of desired
signage otherwise in conformity with this sign criteria must first be obtained from the appropriate
governing authority for compliance with its sign criteria before proceeding with orders for or
construction, fabrication or refabrication of any signs.
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 11020004V
Petitioner: Duke Realty Limited Partnership
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 Sign Ordinance allows for three wall signs for buildings with three street frontages. Building 3 essentially
has three street frontages. The variance which is being requested for a fourth sign is within the spirit of what
was contemplated by the Ordinance.
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 property is located within the US Highway 31 North corridor, which is proposed to continue as a major
business /office corridor. The fourth sign is small, is not intrusive and is consistent with the other approved
signs 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:
1833764v1
having four wall signs for this building is reasonable and appropriate for the building, which essentially has
three street frontages. The property needs four signs to remain competitive with similar buildings in the
corridor that have been granted an extra sign.
Adopted this 28 day of February, 2011.
CHAIRPERSON, Carmel /Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals
DECISION
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 11020004V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated
herein by reference and made a part hereof.
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 8 of 8
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 11020005V
Petitioner: Duke Realty Limited Partnership
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 Sign Ordinance allows for three wall signs for buildings with three street frontages. Building 3 essentially
has three street frontages. The variance which is being requested for a fourth sign is within the spirit of what
was contemplated by the Ordinance.
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 property is located within the US Highway 31 North corridor, which is proposed to continue as a major
business /office corridor. The fourth sign is small, is not intrusive and is consistent with the other approved
signs 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:
1833764v1
having four wall signs for this building is reasonable and appropriate for the building, which essentially has
three street frontages. The property needs four signs to remain competitive with similar buildings in the
corridor that have been granted an extra sign.
Adopted this 28 day of February, 2011.
CHAIRPERSON, Carmel /Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals
DECISION
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 11020005V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated
herein by reference and made a part hereof.
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 8 of 8
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 11020006V
Petitioner: Duke Realty Limited Partnership
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 Sign Ordinance allows for three wall signs for buildings with three street frontages. Building 3 essentially
has three street frontages. The variance which is being requested for a fourth sign is within the spirit of what
was contemplated by the Ordinance.
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 property is located within the US Highway 31 North corridor, which is proposed to continue as a major
business /office corridor. The fourth sign is small, is not intrusive and is consistent with the other approved
signs 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:
1833764v1
having four wall signs for this building is reasonable and appropriate for the building, which essentially has
three street frontages. The property needs four signs to remain competitive with similar buildings in the
corridor that have been granted an extra sign.
Adopted this 28 day of February, 2011.
CHAIRPERSON, Carmel /Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals
DECISION
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 11020006V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated
herein by reference and made a part hereof.
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 8 of 8