HomeMy WebLinkAboutPacket 02-28-11ONE PENN MARK and TWO PENN MARK
11595 AND 11555 N. MERIDIAN STREET
(aka U.S. Highway 31 North)
CARMEL /CLAY BOARD OF ZONING APPEALS
HEARING OFFICER
11020008V
FEBRUARY 28, 2011
CARMEL /CLAY PLAN COMMISSION
SUBDIVISION COMMITTEE
11020009 ADLS Amend.
MARCH 1, 2011
ZELLER REALTY GROUP
Steven B. Granner, AICP
Zoning Consultant
Bose McKinney Evans LLP
111 Monument Circle, Suite 2700
Indianapolis, IN 46204
(317) 684 -5000
1835873v1
Exhibit Description
INDEX TO EXHIBITS
1. Description of Requests
2. Variance Petition
3. ADLS Petition
4. Zoning Map
5. Penn Mark One and Two Sign Summary
6. Additional Proposed Sign Locations
7. Findings of Fact
8. Ballot
DESCRIPTION OF REQUESTS
FOR
ONE and TWO PENN MARK
DESCRIPTION OF REQUESTED DEVELOMENT STANDARDS VARIANCES
Petitioner requests the following variance of Development Standards:
Chapter 23.07.02- 10(b):
DESCRIPTION OF REQUESTED ADLS AMEND.
Petitioner requests the following ADLS Amend. Approval:
1835879v1
to allow (i) a maximum of four (4) tenant identification wall signs
for One Penn Mark, in addition to continuing to allow the "One
Penn Mark Plaza" building identification wall sign and the
"11595" address wall sign located on the east facade of One Penn
Mark and in addition to continuing to allow the "Two Penn Mark"
building identification wall sign located on the east facade of Two
Penn Mark; (ii) to continue to allow the transfer of facade sign
rights to other facades; (iii) to continue to allow Two Penn Mark to
have an additional (3 tenant identification wall sign; and, (iv) to
continue to allow the permitted tenant identification wall signs on
One Penn Mark and 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.
to allow one additional wall sign for One Penn Mark and to expand
the possible sign locations for the Pennsylvania Street facade of
One Penn Mark.
FEE:
CITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
Single Family (Primary Residence) $291.90 for the first variance, plus $89.00 for each additional section:of the
ordinance being varied. All Other $1,156.50 for the first variance, plus 0 for each addition I section of
the ordinance being varied. OR see Hearing Officer Fees
DOCKET NO. DATE RECEIVED
1) Applicant: Zeller Realty Group
Address: 11611 N. Meridian Street, Suite 120, 46032
2) Project Name: Penn Mark (One and Two)
Phone:
Engineer /Architect: N/A Phone:
Attorney: Joseph D. Calderon, Bose McKinney Evans LLP Phone:
Contact Person: Steven B. Granner, AICP Phone:
Email: sgranner @boselaw.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: Property Manager
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Westminster One Penn, LLC; Westminster Two Penn, LLC
Owner's address: 270 Westminster, Suite 300, Lake Forest, IL 60045
5) Record of Ownership:
1833526v1
Deed Book No. /Instrument No.: 9742519; 9541209
Page: Purchase date: 10/7/97; 6/30/95
6) Common address of the property involved: 11595 N. Meridian Street 11555 N. Meridian Street
Legal description: See Attached Legal Description
Tax Map Parcel No.: 16- 13- 02- 00 -00- 007.003; 16- 13- 02- 00 -00- 007.004
Page 1 of 8
317 -580=
N/A
317- 684 -5331
317 684 -5304
Phone: 317- 580 -2415
RECEIVED
FEB 1 2011
DOCS
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 wall sign to be located on the One Penn Mark Building.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact Development Standards Variance No more than two signs per facade shall be
permitted and the total square footage of wall signs will not exceed the previously approved maximum.
9) Present zoning of the property (give exact classification): B6 /US 31 Corridor
10) Size of lot/parcel in question: 11.39 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 both One Penn Mark and Two Penn Mark.
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?
Zeller Realty Group
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 Communi$y Services.
Applicant Signature:
1833526v1
Date: 2 11
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.
Page 2 of 8
AFFIDAVIT
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. 1, the undersigned, authorize the applicant to act on my behalf with regard
to this application and subsequent hearings and testimony.
STATE OF INDIANA
COUNTY OF HAMILTON
My Commission Expires:
My County of Residence:
1833526v1
SS:
"v STEVEN B. GRANNER
N°,T "y' Marion County
My Commission Expires
October 23, 2016
Signed
AF•re
oseph D. Calderon
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 instrument this 14th da of February, 2011.
r
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:tary Public
Page 4 of 8
Printed
2/14/11
Date
ADLS /ADLS AMENDMENT APPLICATION
(ARCHITECTURAL 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 due 4pr the application receives a docket number, and not before.)
Date: RECEIVE`
Docket No.
ff
20/1 ADLS Amend
ADLS D
DP Attached Previous DP? Yes No
Name of
Project: Penn Mark
Type of
Project:
Project
Address: 11595 11555 N. Meridian Street
Project Parcel ID 1 6_ 1 3. 0 2. 0 0_ 0 0_ 0 0 7 0 0 3
and 0 0 7. 0 0 4
Legal Description: (please use separate sheet and attach)
Name of Zeller Realty Group
y rou P
Applicant Address: 11611 N. Meridian Street
Contact Person:
Office
FaxNo. 223 -0304 Email: sgranner @boselaw.com
Name of
Landowner: Westminster One Penn, LLC and Westminster Two Penn, LLC Phone: 317- 580 -2415
Landowner Address: 270 Westminster Ste. 300, Lake Forest, IL 60045
Plot Size: 11.39 acres Zoning Classification: B6 /US 31 Corridor
Present Use of Property Office
Proposed Use of Property:
New Construction? Yes No X
One and Two)
Steven B. Granner Phone: 317- 684 -5304
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
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/A No. of Stories N/A
Exterior Materials: N/A 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
SIGNAGE
No. of Signs: (see sign summary) Type of Signs:
Location(s): (see sign summary)
Dimensions of each sign: (see sign summary)
Square Footage of each s (see sign summary)
Total Height of each sign: (see sign summary)
PARKING
Revised: 12 /28/2010 filename: ADLS ADLS AMEND 2011
(see sign summary)
2
AFFIDAVIT
I the undersigned, to the b st of my knowledge and belief, submit the above information as true and correct.
Signature of
i
Applicant: /ii
Joseph if fderon
(Print)
STATE OF INDIANA
Joseph D. Calderon
(SEAL)
SS:
Title: ttorney
Date: February 14, 2011
Marion
County of Before me the undersigned, a Notary Public
(County in which notarization takes place)
for Marion County, State of Indiana, personally appeared
(Notary Public's county of residence)
(Property Owner, Attorney, or Power of Attorney)
14th day of February
STEVEN B. GRANNER
7NOurtv'P Marion County
a• My Commission Expires
1 October 23, 2016
and acknowledge the execution of the foregoing instrument this
20 1 1
Notary Public Signature
Notary Public Please Print
My commission expires:
Revised: 12/28/2010 filename: ADLS ADLS AMEND 2011
3
PURPOSE:
GENERAL:
DESIGN:
1833516v1
RECE
t-EB 1 5 2011
flocs
2011
AMENDED
SIGN SUMMARY
FOR
ONE PENN MARK PLAZA
and
TWO PENN MARK PLAZA
TENANT IDENTIFICATION WALL SIGNS
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.
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.
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 returned to
the Landlord prior to sign installation.
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 allow proper drainage.
LIGHTING: Illumination shall be 6500 White neon tubing (or equivalent, i.e. L.E.D.)
within the channels.
COLOR: The sign faces, except for logos, shall be 2146 Ivory plexiglass.
NUMBER: Tenant Identification Wall Signs: There may be a combined total of seven
(7) wall signs for the two buildings, with no more than four signs for One
Penn Mark and three signs for Two Penn Mark and with no more than (i)
two signs per building facing Meridian Street and (ii) one sign per
building facing Pennsylvania 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 seven (7) 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 may be placed at any of the sign locations shown on the attached
elevations, subject to the limitations on number of signs. Signs 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 facade.
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. 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
transformers are to be installed in vented metal boxes on the backside of
the wall. Primary wiring to the sign, including a time clock, is the
responsibility of the tenant. The Tenant is to maintain a consistent on/off
schedule as specified by the Landlord. All signs are to be fabricated and
installed based on U.L. specifications.
1833516v1
No sign of any sort shall be permitted on top of the building roof.
All conductors, transformers, and other equipment shall be concealed.
Tenant shall be fully 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 in 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.
1833516v1
Electrical service to the sign shall be on Tenant's meter and shall be part
of Tenant's construction and operation costs.
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.
1833526v1
Docket No.: 11020008V
CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Petitioner: Zeller Realty Group
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. One Penn Mark has
three street frontages. Two Penn Mark has two street frontages. The variance being requested is within the
spirit of what was contemplated by the ordinance, given the height of the 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 property is located within the US Highway 31 North corridor, which is proposed to continue as a major
business /office corridor. The proposed signage package for these two buildings is consistent with that
previously approved for other buildings 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:
of the height of these two buildings, which puts them at a competitive disadvantage with shorter buildings
which are permitted the same number and size of wall signs for significantly Tess square footage of leasable
area.
IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 11020008V 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 28 day of February, 2011.
CHAIRPERSON, Carmel /Clay Board of Zoning Appeals
SECRETARY, Carmel /Clay Board of Zoning Appeals
DECISION
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
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