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HomeMy WebLinkAboutAmended Application CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY~ INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENTAL STANDARDS VARIANCE REQUEST FIRST AMENDED APPLICATION FEE: $655.00 for the first plus $72.50 for each additional section of the ordinance being varied. DOCKET NO. 04090018 V (Number of Si.qns) DATE RECEIVED: 04090019 V (Ground Sign Hei.qht) 04090020 V (Fac,.ade Projections/Recessions) 04090021 V (Sign Oriented North) 04090022 V (Sign Oriented South) 1 ) Applicant: BW Partners, by Mary E. Solada Address: Bingham McHale LLP, 10 W. Market Street, 2700 Market Tower, Indianapolis, Indiana, 46204 2) 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 Gregory_ J. Ewing, AICP, Bingham McHale LLP (Land Planner) Phone: 635-8900 Phone: 686-5228 3) Applicant's Status: (Check the appropriate response) a) The applicant's name is on the deed to the property X___ b) The applicant is the contract purchaser of the property c) Other: 4) 5) 6) 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 building, per detailed plans on file, located in the B-2 primary zone, and the US Highway 421 - Michigan Road Corridor Oveday Zone. 04090018 V; Number of Signs (25.07.02-10, b): Three wall signs 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. 04090019 V; Ground Si.qn Height (25.07.02-10, d): One ground si.qn of seven (7) feet in height would be provided. The Ordinance provides for a maximum height of 6 feet. 04090020 V; Fac,,ade Projections/Recessions (23C.09, D): The south la.de of the building would be provided with a 10-foot projection/receSSion at an 83-foot interval. The Ordinance would provide for a minimum 8-foot projection/recession at a minimum 60-foot interval. 04090021 V; Sign Oriented North (25.07.02-10, b): Three wall signs would be provided, including one on the north facade. The Ordinance provides for a maximum of one sign for each frontage on a public street. 04090022 V; Si.qn Oriented South (25.07.02-10, b): Three wall signs would be provided, including one on the south facade. The Ordinance provides for a maximum of one sign for each frontage on a public street. 8) 9) 10) The initially requested buffer yard width variance for the east property line is hereby withdrawn. The initially requested ground sign of 7'10" in height has been modified to request a height of 7 feet. State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). Number of Wall Signs and Signs Oriented North and South' The three wall signs are necessary to provide for adequate building identification for motorists traveling along Michigan Road. The wall signs' 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 Weston Pointe Boulevard and from the retail use to the south (Marsh) also provides necessity for additional building identification. Height of Ground Sign: The additional one-foot ground sign height above the standard is warranted, given the number of tenants projected to occupy the medical office building, and to provide for ground si.qna.qe for the adjacent site currently undeveloped. Additionally, the one-foot height deviation is necessary due to the sign's location near Weston Pointe Boulevard, removed from the subject building's actual frontage. Fa(;;ade Projections/Recessions: The increased interval prior to the provision of a fac,,ade proiection/recession alonq the south la.de, at 83 feet, is adequate, given the nature of the adjoining use and its building facade, lne adjacent building fac,,ade (Marsh-loading docks) represents a significant departure from the aesthetically superior south fagade of the subiect medical office building. Additionally, the additional proiection/recession depth provided (10 feet) is .qreater 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 Oveday Size of lot/parcel in question' 9.188 acres 11) Present Use of the property: Undeveloped 12) Describe the proposed use of the property: Medical office buildin.q 13) Is the property: Owner occupied Renter occupied as proposed 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. 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) If proposed appeal is granted, when will the work commence? Winter of 2004-2005 17) 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, governed by operational and site maintenance mandates AFFIDAVIT I, hereby swear that I am the ownedcontract 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. Signed:-~'~' ~%''''~''' ~ ~:~ ~('~ October 14, 2004 (Attorney) Date Mary E. Solada, Esq. (Please Print) STATE OF INDIANA County of fY") OJ"'(C) ~"'b SS: (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 Own&r, Attorney, or Power of Attorney) j~ L/"[~.day of and acknowledge the execution of the foregoing instrument this (SEAL) Not~'ry Public- Signature ~otary Public- Please Print My commission expires: CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 04090018 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS DAY OF , 200~4. Board Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 04090018 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE NUMBER OF 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 signage, being a medical office, does not cause negative visual impacts that hi.aher 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 wall 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 Overlay 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.: 04090019 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . DATED THIS DAY OF ., 200_~.4. Board Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 04090019 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE GROUND SIGN HEIGHT . , 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 Weston Pointe Boulevard and Michigan Road, removed from the residential development adjacent to the east. Additionally, the height variation is minor, being only one-foot taller than the standard. Given the minor nature of the deviation and the location of the ground sign, the variance will not be injurious 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 a one-foot deviation, will not impact the adjacent 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 adiacent 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.: 04090020 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS DAY OF ,200_~4. Board Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.' 04090020 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE FA(;::ADE 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 proiection/recession interval of the buildinq 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 subject to the minor fac,.ade proiection/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 faccde projection/recession standard would require the south side of the buildinql abutting the loading area of an adiacent supermarket1 to be provided with a reduced fa~de proiection/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). CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.' 04090021 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) , . , DATED THIS DAY OF , 200~4. Board Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 04090021 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE SIGN ORIENTED NORTH 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 sign oriented north will be set back 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.qnage, being a medical office, does not cause negative visual impacts that hi~her intensity commercial buildings/signs may cause. The wall sign will be oriented away from the adjacent residential neighborhood, and toward motorists traveling southbound Michigan Road for building identification purposes only. Additionally, the wall 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, particularly due to a lack of direct access to Michigan Road. Thus, the access standards of the Overlay Ordinance contribute to building identification difficulties for motorists, particularly regarding the avoidance of motorists failing to recognize the medical office building from a north 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.: 04090022 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) . . DATED THIS DAY OF , 200_~4. Board Member CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 04090022 V Petitioner: BW Partners, by Mary E. Solada FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE SIGN ORIENTED SOUTH 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 sign oriented south will be set back 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 signa.qe, being a medical office, does not cause negative visual impacts that higher intensity commercial buildings/signs may cause. The wall sign will be oriented away from the adjacent residential neighborhood, and toward motorists traveling northbound Michigan Road for building identification purposes only. Additionally, the wall 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 south, particularly due to a lack of direct access to Michigan Road. Thus, the access standards of the Overlay Ordinance contribute to building identification difficulties for motorists, particularly regarding the avoidance of motorists failing to recognize the medical office building from a 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). ZOf~fN G: B-2 ZONING: R--4. '" J sco~ i/4- P~R root REVERSE GUTTER CHAIRBACK CURB NO?-TO-SCJJ-E UNDERDRAINS WITHIN INVERTED STREETS GRAPHIC SCALE ( m ~'r ) ,- ..~c. ~,c( REGULAR DUTY TYPICAL PAVEMENT COMPOSITIONS (ON SITE) L~OEND 2' CHAIRBACK CURe S' SI~W~K ~I~L PAYMENT ~C~ C~CRE~ PAYMENT ~C~ ~CRE~ MILAN SOEWALK RAMP 9'x18 P~K~C SPA~ 9'x20' PARKING SPA~ A*~.(.). cm(~) TYPICAL IN ERIOR PARKING STALL 2' CURB r~lc~ BUILDING P£RIME TlR PARKING 2' cu~e TYPICAL PERtME'I~R PARKING STALL PARKING DATA PARKING RE:OU I~[O M~mCA~ 1 SPAC[ PER ~ sq.~. 133 ~ACES PARKING PROVlO~D REGULAR: 167 SPACES HANO~CAP: 7'~' SPACES TOTAL I SPACES .~TE DATA SITE - 3.073 AC.+ OPEN SPAC~ = ~.043 Ac.+ LOT COV~RAC~ ,= 2.03 Ac.~ PER FIRM NUMBER 1B057C02OSc. DA"~.:D FEBRUARY 19. I ON SITE (20') HEAVY DUTY TYPICAL PAVEMENT COMPOSITIONS (FRONTAGE ROAD) ~ -aoo-4~.a-szoo NORTH ELEVATION SOUTH ELEVATION .. WEST ELEVATION EAST ELEVATION , ,~,~~,:~~:~,~ SlG NAG E & I ~ :al Facility Matiagement METAL COP~G DETAILS TEN T SI PELS, 3' x 1%" TYP. D BRONZE W!T~HITE TSLUCENT BACKLIT LETTERS RED B~CK SU D SPLIT-FACE C.M.'U. BASE SI SCA E.N.T:S. & :al I: acility MantLeement