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HomeMy WebLinkAboutApplicationDOCKET NO. ? DATE RECEIVED: 1 ) Applicant: 2) 3) 4) 5) 6) BW Partners, by Mary E. Solada Address: Bin.qham McHale LLP, 10 W. Market Street, 2700 Market Tower, Indianapolis, Indiana, 46204 Project Name: Medical Office Building- Carmel, Indiana Engineer: Stoeppelwerth & Associates Phone: 849-5935 Architect:' CSO Architects Phone: 848-7800 Attorney: Mary E. Solada, Bingham McHale LLP Phone: 635-8900 Gregory J. Ewing, AICP, Bingham McHale LLP (Land Planner) Phone: 686-5228 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 c) Other: If Item 3) c)is checked, please complete the following: Owner of the property involved' Owner's address: Phone: Record of Ownership: Instrument No.' 2003-68035 Common address of the property involved' 10801 Michigan Road Legal description: See Attached Tax Map Parcel No.' 17-13-06-00-00-028.003 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this request). Petitioner desires to construct a medical office buildinq, per detailed plans on file, located in the B-2 primary zone, and the US Highway 421 - Michiqan Road Corridor Overlay Zone. ~r,~rd~1~jq ~04.05, ~5-foot b-"'0if~r yard wo~provide~~.q the ea~~ope~_~e Number of Wall Siqns (25.07.02-10, b): Three wall siqns would be provided, one on each of the north, west, and south facades. The Ordinance provides for a maximum of one sign for each frontage on a public street. Height of Ground Sign (25.07.02-10, d): One ground sign of 7'1~' in height would be provided. The Ordinance provides for a maximum height of 6 feet. Fac,.ade Proiections/Recessions (23C.09, D): The south fac,.ade of the building would be provided with a 10-foot projection/recession at a 75-foot interval. The Ordinance would provide for a minimum 8-foot projection/recession at a minimum 60-foot interval. 8) 9) 10) 11) 12) 13) 14) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). Bktffer Yard Wid~ 5-foot buffer yard width along ~perty line is adequate and apple. The mbdical office l~ilding wo-~ld consist of use intensitiec;'~imilar to ihaI~of a multi-family residentia, l,,d~e.- A s~. nificant pr~acy fence~xists On adi~c,~nt property within a .¢'Ip of common ar~it within The Villages ¢t/weston Pla~ Su~division,/~pecifically inten~? to provide an a _~q__LJate b_u. ffer ~om fut~mer~cialj:;le~elopment of the subject site. Addi '6nally, the width of th~,,common a ace is approximately 50 feet wic~~n ~ buffer at The Villages at westofT~a~ Number of Wall Signs: The three wall signs are necessary to provide for adequate building identification for motorists traveling along Michigan Road. The wall siqns' size, elevation above grade, and orientation away from the residential community to the east, each being within the standard or representing appropriate design consideration, lead to an acceptable wall sign number conclusion. Additionally, the access to the site from 111th Street and from the retail use to the south (Marsh) also provides necessity for additional building identification. Height of Ground Sign: The additional 1-foot 10-inch ground sign height above the standard is warranted, given the number of tenants projected to occupy the medical office building. Additionally, the 1-foot 10-inch height deviation is necessary due to the siqn's location near 111th Street, removed from the subject building's actual frontaqe. Fac,,ade Proiections/Rec~ssions: The increased interval pdor to the provision of a fac,.ade proiection/recession along the south fac,,ade, at 75 feet, adequate, given the nature of the adjoining use and its buildinq fac,,ade. The adjacent building fac,,ade (Marsh-loading docks) represents a significant departure from the aesthetically superior south fac,,ade of the subject medical office building. Additionally, the additional projection/recession depth provided (10 feet) is greater than the minimum standard required by the Ordinance, thus offsetting the interval deviation. Present zoning of the property (give exact classification): B-2, US Highway 421-Michigan Road Corridor Overlay Size of lot/parcel in question: 3.073 acres Present Use of the property: Undeveloped Describe the proposed use of the property: Medical office buildin.q Is the property: Owner occupied Renter occupied as proposed Other 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. No 15) Has work for which this application is being filed already started? If answer is yes, give details: No Building Permit Number: Builder: 16) 17) If proposed appeal is granted, when will the work commence? Early Winter of 2004-2005 If the proposed variance is granted, who will operate and/or use the proposed Improvement for which this application has been filed? A medical office entity or entities, ,qovemed by operational and site maintenance mandates 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 MAMDATORY, 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 headng 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 RESPONSlTILITY 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. 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 advise of his/her attorney. I, , Auditor of Hamilton County, Indiana, certify that the attached (Please Print) affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS See Adjoiner listing from Auditor's Office Auditor of Hamilton County, Indiana Date 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. I, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. (Property Owner, Attorney, or Power of Attorney) July 22, 2004 Date Mary E. Solada, Esq. (Please Print) STATE OF INDIANA SS: County of '~. ~t J~ (County in ~vl'{ich notarization takes place) (Notary Public's county of residence) (Property Owner, A~torn~, or Power of Attorney) ~'~'~ day of (SEAL) Before me the undersigned, a Notary Public County, State of Indiana, personally appeared and acknowledge the execution of the foregoing instrument this ' - Nota~ pUblic -~'na~r¢/ Notary Pt~blic- Please ~P~nt ~ My commission expires: Docket No. NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLAY BOARD OF ZONING APPEALS Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 27th day of September., 2004 at 7:00 pm in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Developmental Standards Variance application to: provide for the a medical office building, with variances of development standards regarding Buffer Yard Width (26.04.05,c), Number of Wall Signs (25.07.02-10, b), Height of Ground Sign (25.07.02-10, d), and Fac,.ade Projections/Recessions (23C.09, D) property being known as 10801 Michigan Road The application is identified as Docket No. The real estate affected by said application is described as follows: (See Attached Legal Description) All interested persons desiring to present their views on the above application, either in writing or verbally, Will be given an opportunity to be heard at the above-mentioned time and place. PETITIONERS BW Partners by Mary E. Solada, Esq. Bingham McHale LLP 10 W. Market St., 2700 Market Tower Indianapolis, IN 46204 317-635-8900 PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEL/CLAY BOARD OF ZONING APPEALS I, Mary E. Solada DO HEREBY CERTIFY THAT NOTICE OF PUBLIC HEARING BEFORE THE CARMEL/CLAY BOARD OF ZONING APPEALS CONSIDERING Docket Number , was registered and mailed at least twenty-five (25) days prior to the date of the public hearing to the below listed adjacent property owners: OWNER ADDRESS see attached list of adioiners and addresses from Auditor's office STATE OF INDIANA SS: The undersigned, having been duly sworn upon oath says that the above information is true and correct and he is informed and believes. Signature of Petitioner County of (County in which notarization takes place) Before me the undersigned, a Notary Public for (Notary Public's county of residence) County, State of Indiana, Personally appeared (Property Owner, Attorney, or Power of Attorney) and acknowledge the execution of the foregoing instrument this day of ,200 SEAL Notary Public--Signature Notary Public---Please Print My commission expires: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) BUFFER YARD WIDTH . . DATED THIS DAY OF , 200.~4. Board Member Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE BUFFER YARD WIDTH The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The adjacent use adjoining the reduced buffer yard consists of a single-family residential subdivision, with a significant common area buffer and an existing fence separating the two properties. The existing and proposed landscaped space along the subject property line provides for an adequate separation to protect the general welfare of the adjacent community. , 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: A significant common area buffer and fence exists within an adjacent common area for an adjacent single-family residential neighborhood. The proposed buffer yard, combined with this adjoining/existing buffer, provides an adequate buffer. Additionally, the proposed medical office use is typically a lower intensity commercial use, thus further protecting the use and value of the area adjacent to the property. , 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: The configuration of the property, combined with the interior parking lot landscaping requirements, the parking space standards, and the front setback standards, cause a practical difficul .ty in meeting the buffer yard standard. Strict compliance with the buffer yard standard, given the context of the property configuration and the extensive buffer existing adjacent, constitutes a practical difficulty in the use of the property.. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals the Developmental Standards Variance Docket No. is granted, subject to any conditions states in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of ,20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) NUMBER OF WALL SIGNS , . DATED THIS DAY OF ,200_.4. Board Member Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE NUMBER OF WALL SIGNS The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The additional wall signs are located on the building, setback significantly from property lines, and not oriented toward the residential development to the east. Additionally, the wall signs will not exceed the size standard. , 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 type of building and related si.qna.qe, being a medical office, does not cause negative visual impacts that hi.qher intensity commercial buildings/signs may cause. The wall signs will be oriented away from the adjacent residential neighborhood, and toward motorists traveling Michigan Road for identification purposes only. Additionally, the wa!l signs will not exceed the size standard. . 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: The medical office building needs to be provided with identification from the north, south, and west, particularly due to a lack of direct access to Michigan Road. Thus, the access standards of the Oveday Ordinance contribute to building identification difficulties for motorists, particularly regarding the avoidance of motorists failing to recognize the medical office building from a north or south approach. Given the visibility and access constraints, strict compliance with the number of wall signs standard constitutes a practical difficulty in the use of the property_. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals the Developmental Standards Variance Docket No. is granted, subject to any conditions states in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of ., 20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: BW Partners, by Ma_ry E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) HEIGHT OF GROUND SIGN . . DATED THIS DAY OF ., 200__.4. Board Member Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE HEIGHT OF GROUND SIGN , , The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The ground sign will be located near the intersection of 111 ~ Street and Michigan Road, removed from the residential development adiacent to the east. Additionally, the height variation is minor, being less than two feet taller than the standard. Given the minor nature of the deviation and the location of the ground sign, the variance will not be iniurious to the general welfare of the community.. 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 ground sign will be located along the Michigan Road frontage, removed from the single-family residential neighborhood to the east. The height variance, being less than a two-foot deviation, will not impact the adiacent properties in a substantially adverse manner. 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: The number of tenants projected, and an adjacent commercial building anticipated in the future, warrants a taller ground sign, if only modestly taller. Given the access impediments, the additional building anticipated to the north, and the modest nature of the overall signage of the site, strict compliance with the sign provisions of the ordinance constitutes a practical difficulty in the use of the property_. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals the Developmental Standards Variance Docket No. is granted, subject to any conditions states in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of ., 20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) FA(;:ADE PROJECTIONS/RECESSIONS . , DATED THIS DAY OF ,200_~4. Board Member Docket No.: Petitioner: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE FACADE PROJECTIONS/RECESSIONS The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The fac,,ade projection/recession interval of the building represents a minor deviation in terms of design, and thus will have no impact upon the public health, safety, and general welfare of the community... , 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 one side of the building, which is subiect to the minor fac,.ade projection/recession deviation, abuts the loading area of an adjacent supermarket. All other sides of the building meet the projection/recession standard of the Overlay Ordinance. . 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: The fac,.ade projection/recession standard would require the south side of the building, abutting the loading area of an adjacent supermarket, to be provided with a reduced fac,.ade projection/recession interval. Given the superior design of the building, and the minimal nature of the deviation, strict compliance with the projection/recession standard constitutes a practical difficulty in the use of the property_. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals the Developmental Standards Variance Docket No. is granted, subject to any conditions states in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of ., 20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign).