HomeMy WebLinkAbout1st Amended Application 7/1/043)
4)
5)
6)
DOCKET NO.
2)
1) Applicant:
Address:
Project Name:
Engineer:
Architect::
Attorney: Ma"~'qL-~-" S°lada-Bin',ham McHal
Gre__~E.~gg~j. Ewin~lC,-, ,-,.. e LLP
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:_
If Item 3) c) is checked, please complete the following:
Owner of: the property involved:
Owneffs address: --
CITY OF CARMEL _ CLAY TOWNSHIP / /
.... · -'"- '"' ~u~UAR[.)S V~i~CE REQ~
FEE: $655.00 for the first plus $72.50 for each additional s~tion of the ordinance being
04, varied.
050029 V [foundation lan' ,
04050030 V a t~n s DATE RE ._
CEIVED.
04050034 V ~ ....... nd e
0~~~ ..w~ sbn area
04050035 V ['round--area
O~0'~O~~ , ei ht
~ound sinn b~--tenants
........ "--~ ~ hon~tal-ve~i~l~.
West Ca~el Manet :lace
Phone:
Phone: ~
Phone:
Phone:
Record of Ownership: ~ Phone.'--~
Deed Book No./Instrument No'
~Book 316 97-9729899, 97-9729900. 9 ....
" ~-~,9 _
~"_~g6_e~5 ~50'-:651 838.and97.99 res ectiv -- . . 31338 200050548 Book266 Book350.
Common /-za-~/, 7-23-97 7-23-97 7-31-00 6-15-73
address of the property involved: ~ ,
Legal description: ~ed
Tax Map Parcel No.: 17-13-07-00.16_001.000 17-13 ....
17-13 00 00 039 000 07 00 00 041 000 17 1
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
.petitioner desires to construct a re '
this
the B-2 and B-3 · ta,I commercialmulti_t .. detailed "',ans ,-,,-, ~,..r~q_ue~.
nma zones and th · enant bu~ld~n corn I .
· '-'~ ~u~ lOCal:(
Foundation Plantinns/23C 10 02. ·
Would have nofoun · ' .. 2. The r/ma mu/'- · .
U darvon lant~n s alo . t~ tenant bu~ld~n Io .
S 421 fronta e Woul n the east s~de of t . . cared at Retail Pk
~ o .... ~ uu,aln s The Ordlnan¢
..... ~ uu.a~n s. The Or~
~er and T,,,-,,~ ,-,~ .... ....... ,,~,,ce rohibits newc-~rb cu,o .., ..... _' ted ublic
Access to Individual Tracts '23C. 13: A new fima entrance drive bei~ 99· Street t~obe a ded~
with ~o o~~ '. ~ ~o.uf.u2-11. b~' Th~ ~ ..... ~,un u~ 421. ·
....... ,, ,~e ~e~n east of th~'~" ~ '--'/~ u~e~o merit Would have fie · - ..
,. . - ..... e ~ oho s buildinas.~enant buildin~ co·
....... - .....
' rea Z5.07.02-11
-- ~~~'u~ ~~~7.0~11 c i: Three frigo, ........ . ........ ~,,~,mum of thre~
.,,~ or/ne nma multi-tenant bui~in ma of 75 s uar~eet 80 s uare feet
n.~ ....... ~ ns for thu
-- - u~, ~ ,~u[. - -. WUu~ uaCD be 245 s uar~
Maximum S/an Height '25.07.02-1 .. tandin, signs ' · _ ,,
........ ~ ~,,ows tot a maxi~.- ~ -.--'; ~ ~'° ~den0fied as "Si-n * ......
,
~ections / r~essions 2 .
Commerce Dr fa de wo 3C.09 .D. The r/ma ._ ' ina (Io~t · -
e,o ed
..... ~vuu~a nave 4-foot h~;~~'~ ~'~ each fa~d~ T~ ,/~%~~t Retail p~ an
- .~ot ~-,,u,,~ o~sets alon,~ ~ .... ~.e. ~he~~ Shops buildir, ~, ..... ~ .
' "~ ~,uinance re u/res a minimu~
~erial chan~e / hor~ontal-vedi~l 23C.09 D: The fima multi-tenant buildin lo--ted at Retail Pk
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
entitled "Findings of Fact-Development Standards Variance").
_Foundation Plantinns: The "r/ma multi-tenant buildin located at R
Sho s Buildin s located a/on the ' and Corn _ ..
· ,,~ uu,a~n . This d n ..... ,. ~u [ne north /nc udin ack""""' w,~n :or excee
di~r.La~j
islands . . .~ ,v,,,,,, [ne lar~ e · '",, ,~,, all sic]es of . . ,~ ,, cc~[men[ is nif/,-~,
('1 ~r'l r~-~, ,1~:_~ ·
.......... '" '~' ,n[entions of th~-~ ~e ,-,..--;- ..... -'~ ''~ scenar/o adiaC'~ '..-~,'_' .... ,,,u,u ~e landsc~
....... ~ uo ~l t~wav 421-~,..~_-;-.-" y,..ent to the north The
but one element. Corridor Ovefla Zone and B
A¢ce.$s to Individual Tracts: US 42 ' ven ~'7~ curb - ' ' c~e fin¢ludin-. Retail P
entrances and frontage roads. The overall des/ n scenario Would re
fronta e. The overall des/ n scen ·
scenar/o would roy' . ..ano Would rovide _ duce the number o -- .
c~ ~de for a nvate fro common entrance . f curb cuts a~on t '
........ ,~ ~Jver~av Zon~ ~,=,o ,., ;,.. ~'..-_',_ ': '~°~ ~nu~l:! le elements
~ber and T,'~e: The lacement of two additional freestandi
n~tim .actt. heUS421 streetsca eoraestheticintentionsofthestan,n multi-tenantbuildin com lexs'
since the Would both be located e ....
sis ent w' '~ ro_x_.~m, ...to a
........ ~' ~,, uevelopmen, ,~;-,,~....,..'-. ~ .... /o,,al ~ntentions of the ' . .._ t _ ~th the uverall
..... nt ,u osal with whi~~..~_'~''~ s, .n rovisions~ord.
a, ,,., ~ variance is but one element
Maximum Sion Area: The initiall ' r wall si~n are .... ,,-,, ildin~s is hereb
,uca[ I d - _ w~thdrawn.
accomrnn~... 2.7~_"...'''~ u~ve~o ment scenafi '_-"-' '-.u,~merce Dr whic e e _laced wall si ns for t e
nan u ~,, :r__n are~ stanclard is
results ~n ¥~s~ ~u ,~ e s~n I ~b~l~ Relat~ which wo
~z'~ corridor. Adr~/~--,.,~'~;.'..~,~ ,u., :such a multi_tenant~',,/,.,-:"~."' .,u u~e north romotes · _ ',~ ~ma multi-
th · .. ..... ,c,, [ne rreestand' t b:u~ldln ~ven the e ' · desl n corn atibili
US
..... ~,, u~ve/o ~erlt' ro ~
Maximum Sion Height: The ,lace . freestandin multi t · ..
bi box' which would accommo ' ~ ' 'c
, uu:s:sa oecause the develo merit scenar~nant bu~lc~n corn lex s~ ns wh~
ali nme date si nifi o does not o h exceed the
~n ~ven corn at~b~l~ b ce Dr w~th the es
d lame
f~ . . ~ are ro osed to be · ,,~,u mere a~on th ~s~b~l~ challen es t~
unct~onal ~nt cons~ste e US 421 or such a
uverla Zone · uv,~,ons ot the o~ ' s, n theme The · teh~e,~...,:_ .
......... ,,v~,a, aevelo merit nro~,'[, "..~,,'_" ~,.w.a 421-Michia-~-nRo °~',?¢ ancl
-~which th, o;.-..-. ~- .... :ad Corndor
..... .e o, ,, ~e/ ~t variarlce ~ ore
17)
9)
~o)
~2)
13)
~4)
'"round Si~n buildin,, tenants: The lacement of fewer than all the ten
order to minimize the size of the ro ·
have round si aa · · · u:nd s~ ns while still · . . .a:nts on the round si · .
~/reoessi,-,,,.. -,-,. .... r~-~,[~n~.n__:_t_s__ rr
WOUld b '-',,o. , ~e nma · . ,-., ,, ,.,, ,ta e.,
· e enerall located in-linewi . mult~-tenantbu~ldin Io · erc--
.each entrance ~~.,.,~,.,~.._~u,~. rs much less ~~"~ ;~'_ ~ ar I:)ox" retail fa~lifv T~,,,, · ..... ~ ur
buildinc~ (1~"'.._ '_~ .'".uuerate visual vari~fi,.,~ ~-'..-~'_'._'.u '.~(~ me ro osed ~rim=,.,, ,~.'::,.;.'''= '~' c~e ot this
_ B Sh
~ial chan,-,,:, ~ ~.....: ...... Would
~ ~ nonzontal_ · .
...... ~at~,,,:,,~ ur other archit,~.* .... , _,_- .... ., ,,.,,,~un[al roes. Howe ....... etail P,-- -and
.......... '-', ~, u~ements ~,-,,.,,-, ,,,,,,.,~....; ;...: '"':~"~, [ne placement o-f--occasional
Present zoning of the property (give exact classification):
Size of lot/parcel in question: 41.075 acres
Present Use of the property: ~
Describe the proposed use of the property:
Is the property:Owner occupied
Renter occupied
Other
Are them any restrictions, laws, covenants, variances, special uses, or appeals filed ir) connection with this property
that would re/ate or affect its use for the specific purpose of this application?
decision rendered and pertinent explanation. . If yes, give date and docket number,
N.__9.o
Has work for which this application is being filed a/ready started? If answer is yes, give details: No
Building Permit Number:
Builder:
If proposed appeal is granted, when will the Work commence?
If the proposed variance is granted, who will operate and/or use the proposed Improvement for which this
application has been filed?
I, hereby Swear that I am the °whet~contract purchaser of property involved in this application and that the foregoing
signatures, statements and answers herein contained and the information I~erewith Submitted are in all respects true a
correct to the best of my knowledge and belief. I, the Undersigned, authorize tl~e applicant to act on my behalf with reg
this application and subsequent hear/ng$ and testimony.
STATE OF INDIANA
t~roperty Ow~
(Please Print)
Date
SS:
County of
Before me the Undersigned, a Notary Public
County, State of Indiana, personally apPeared
or Power of Attorney) and acknowledge the execution of the foregoing instrument this
day of
(SEAL)
My COmmission expires:
Docket No.
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL/CLAY BOARD OF ZONING APPEALS
04050029 V, 04050030 V 04050033 V,
04050034 V 04050035 V 04050036-~
Notice is hereby given that the Carmel~Clay Board of Zoning Appeals meeting on the 23~rd day of
Au~, 200.~4 at 7:00 pm in the City Hall Council Chambers, 1 Civic Square, Carmel, Indiana 46032
will hold a Public Heating upon a Developmental Standards Variance application to:
·
property being known as ~
The application is identified as Docket No.
04050036 V
The real estate affected by said application is described as Follows:
(See Attached Legal Description)
All interested persons desir/ng 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
Duke Construction, Limited Partnership
by Mary E. So/ada, 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
DO HEREBY CERTIFY THAT NOTICE
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
~or
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. .
County of ~
(County in which notarization takes place) -------._.____ Before me the undersigned, a Notary Public
(Notary Public's county of residence) ____ County, State of Indiana, Personally appeared
(Property Owner, Attorney, or Power of Attomey--~~ and acknowledge the execution of the foregoing instrument this
day of
_, 200
SEAL
Notary
Notary~
My commission expires:
Docket No.:
Petitioner:
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
0405OO29 V
FOUNDATION PLANTINGS VARIANCE
.
.
DATED THIS~ DAY OF
., 2oo._4.
Docket No.:
Petitioner:
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
O4O5OO29 V
FOUNDATION PLANTINGS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and genera/we/fare of the
community because:
foundation plantinns '"rovided will in m · eed the standa-.*, ,,-.- . at/on
~d ~~ ~,~_~,,_uuu r0undation lant~~.._~._ _,~_,],0ns affec, tin the ~en~-ral
......... ,,, ,u u~ H~ hwa 421~'..'..0_, ~,, be. enerall consis-~ent w,,~ ,.... _~ we/fare of
.......... ,,u~u L.;orndor Overla ~ ,,,, ~,,u aevelo ment
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:
~tion Dlantin,~s will be ~enerall consistent with the develo ment
S Hi hwa 421-Michi an Road Corr'
the su erior desi n aesthetic and ~d..or Ov.._.e_fla .Zone articulafl im :attem_ e:neral( established within
..... .~ons of the US Hi hwav 421~~"-' ,t~_o th.e_ north. Additionall,,
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical di~culties in the use
of the property because:
~tion ~lantin,-,s will be eneral ·
~ hwa 421-Mic · . I consistent with the de nt pattern es+..~-,: ..... S
· ' ' ,~i,=,~, ao'acent to the north Strict
DECISION
IT IS THEREFORE the decision of the Carmel~Clay Board '
Docket No..04050029 V is granted s ' of Zoning Appeals the Developmental Standards Variance
herein by reference =,,,., .... ,..ubject to any conditions states in the minutes of this Board, which are incorporated ,-,, ,,., ,,,aue a part hereof.
Adopted this
day of
_, 20
CHA/ '
SECR
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Docket No.:
Petitioner:
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
04050030 V
,
,
DATED THIS~ DAY OF
., 2oo~.
Docket No.:
Petitioner:
CARMEL/CLAY ADVISORY' BOARD OF ZONING APPEALS
CARMEL, INDIANA
04050030 V
1. The approval of this variance will not be injurious to the public health, safety, morals and genera/we/fare of the
community because:
2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantiall)
adverse manner because:
vehicular conflicts. A nfivate fronta-,e roadwa will be established reducin v
non-fronta e roadwa scenario Additionall ehicular
I b es · ~__a ~c on:.US 421 versus a
traffic in this US 421 vicinit, st .....,,., ..,~, (]esi ned to dis erse vehicular' ' '
- t e
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficult/es in the use
of the property because:
recommendations of the Com"rehensi . t of the exis' - . .
uunnectlon to o,,:,u.snment tlr access
ro ota fronta e roadwa o~nts the overall
-=, ~orou mare Plan strict
DECISION
IT IS THEREFORE the decision of the CarmellClay Board
Docket No..04050030 V is granted s ' of Zoning Appeals the Developmental Standards Variance
herein by reference =,-,~ .... ,..ubject to any Conditions states in the minutes of this Board, which are incorporated ~, ,u ,, ~ue a pan: hereof.
Adopted this
day of
_, 20
CHAI '
SECR
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Docket No.-
Petitioner:
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
04050033 V
S/GN NUMBER AND TYPE VARIANCE
.
,
DATED THIS
DAY OF
_, 2o~.
Board Member
Docket No.:
Petitioner:
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
O4O50O33 V
FINDINGS OF FA
S/GN NUMBER AND TYPE VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and genera/we/fare of the
communiiy because:
~t of two additional mu '-
~ ~,._u_.'_'d,~m..u?i'tenant buildinr~ corn ex ' -. . te interior access driv~
2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantia
adverse manner because:
~t of two additional mu '-
will not imD~nt buildim, corn-I- · fivate interior a ·
intentions ~an~i~nac~e d~~s/~n ,,- _ .. ccess dnve
an D,.,,.,.., ,., . ~,,u ~unctlonal
3. The strict application of' the terms of the Zoning Ordinance to the property will result in practical di~culties in the use
of the property because:
~nt of two additional m '-
necessa to roy' · . . :ult~ tenant buildin .
~ to ro~o~e ~s' ns.. oriented a/on. a rivate interior
wi,,, ,,~ ~ n rovision e and
overall si n . s of the ord' efficient ye ' access dfiv ·
....... ,-,,,~,~a ~one constitu~,~ ~ ~.~.~_'".'° ¥' _u ~e s! n rovision~ a .,,, ?u [ne corn Iiance ' ' se or the ro ed hwav 4~
17' IS THEREFORE the decision of the Carmel~Clay Board of Zoning Appeals the Developmental Standards Variance
· Y reference and made a part hereof.
Docket No. ~ is grante · any conditions states in the minutes of this Board, which are incorporated
herein b d, subject to
Adopted this
- day of
_, 20
,
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Docket No..
Petitioner:
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
FINDINGS OF FACT_ DEVELOPMENT STANDARD~
WALL SIGN AREA VARIANCE
.
,
DATED THIS
DAY OF
_, 200__4.
Docket No..
Petitioner:
CARMEL/CLAY ADVISORY' BOARD OF ZONING APPEALS
CARMEL, INDIANA
04050034 V
WALL SIGN AREA VARIANCE
1. The approval of this vadance will not be injurious to the public health, safety, morals and genera/we/fare of the
communib/because:
the wall s/qns exceedin.-, the si n a~ . ted a si, n' · m the US 4 re
size devi · . ,-,,,.,,,~s ~ven the v. ' s s maneuver/n in . . . 21 roadwa
...... '~, , , ,~ or Ublic health ~rall site ~usi.,.-
t . ,, the Wall area s
2. The use and value of the area adjacent to the property included in the vadance will not be affected in a substanti~
adverse manner because:
~desion aesthetic, and ns of the si"'n '"to. -=-'' .... e US Hi. hw~
value of the area ad'acent, si" s.__a:s~ n:!ficant distance
la~ ~, o, ~ w~t not affect the use and
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical di~cuIties in the use
of the property because:
the relative alionment of the -,r/ma multi-tenant buildin with an esta
to north bein removed a si n/fica · ·
~s of th '"~,.,~,.~..'_ ,_,,__v,~,D~l causes th~-ne .,,,.,,.,__,,= e and w~th existin (~ant buildin__.- 'ad'acent
the location ~,~. ~:..-_"_'"' ""u" ~ance reqardin · _ cess~ for a si n area . . eve{o merit alon the
e . .Strict corn I~ance with
..... "-,',, ~n ~oad Corri~..,~' '~ run. ctiona/inte~of s.h. ed s,, ,. /__e-tenant buildin an e
..... dl',,,,.,u,tv in [ne use of
~ ........ "'"-~" ,n the use of~
Docket No. ~ is granted, subject to
IT IS THEREFORE the decision of the Carmel~Clay Board of Zoning Appeals the Developmental Standards Variance
herein by reference and made a part hereof, any conditions states in the minutes of this Board, which are incorporated
Adopted this
- day of
., 20
,
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Docket No.'
Petitioner:
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
04050035 V
GROUND SIGN AREA VARIANCE
.
.
DATED THIS
DAY OF
_, 2oo~.
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 04050035 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
GROUND SIGN AREA VARIANCE
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
the ground signs exceedinq the sign area standard will be located in a manner to provide for adequate visibility for
motorists maneuverinq in the vicinity. Additionally, the increased sign size will provide for increased user
identification, thus providing directional attributes for motorists, given the variety of entrance options to the overall
site, causing the ground sign area size deviation to be justified in terms of public health and safety.
.
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 signs exceeding the sign area standard will be consistent with the overall design theme. The superior
design, aesthetic, and functional intentions of the siqn provisions of the ordinance and the US Highway 421-
Michiqan Road Corridor Overlay Zone are met. Given the context of the primary multi-tenant buildinq's location, the
visibility challenges therein, the design compatibility, and the compliance with the overlay zone, the larger signs will
not affect the use and value of the area adjacent.
,
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:
Strict compliance with the siqn provisions of the ordinance, regarding ground si.qn area, given the context of the
overall siqnage and desiqn theme, the location of the primary multi-tenant buildinq alignment with the adjacent
established sinqle-tenant buildinq, and the compliance with the superior desiqn, aesthetic, and functional intentions
of the sign provisions and the US Hiqhway 421-Michiqan Road Corridor Overlay Zone, 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. 04050035 V 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.' 04050036 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
GROUND SIGN HEIGHT VARIANCE
,
,
DATED THIS
DAY OF ., 200_~.4.
Board Member
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 04050036 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
GROUND SIGN HEIGHT VARIANCE
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
the ground signs exceeding the sign height standard will be located in a manner to provide for adequate visibility for
motorists maneuvering in the vicinity. Additionally, the increased ground sign height will provide for increased
building identification, thus providing directional attributes for motorists, given the variety of entrance options to the
overall site.
,
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 signs exceeding the sign height standard will be consistent with the overall design theme. The superior
design, aesthetic, and functional intentions of the sign provisions of the ordinance and the US Highway 421-
Michigan Road Corridor Overlay Zone are met. Given the context of the primary multi-tenant building's location, the
visibility challenges therein, the design compatibility, and the compliance with the overlay zone, the taller ground
signs will not affect the use and value of the area adjacent.
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 relative alignment of the primary multi-tenant building with an established large single-tenant building (adjacent
to north), being removed from the US 421 frontage, and with existing development along the US 421 frontage,
further impacting visibility, causes the necessity for a ground sign height deviations. Strict compliance with the si.qn
provisions of the ordinance, regarding _~round si.qn hei.qht, given the context of the overall signage and design
theme, the location of the primary multi-tenant building alignment with the adjacent established single-tenant
building, and the compliance with the superior design, aesthetic, and functional intentions of the sign provisions and
the US Highway 421-Michigan Road Corridor Overlay Zone, 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. 04050036 V 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:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
GROUND SIGN BUILDING TENANTS VARIANCE
.
.
DATED THIS
DAY OF ., 200_~4.
Board Member
Docket No.:
Petitioner:
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
GROUND SIGN BUILDING TENANTS VARIANCE
,
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
the placement of all tenants on each ground sign would result in exceedingly small individual tenant identification,
resulting in motorist visibility ineffectiveness and confusion, which could effect vehicular conflict and be potentially
deleterious to public safety.
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 placement of all tenants on each ground sign would render the respective ,qmund si,qn ineffectual, causin~
motorist confusion and error, resulting in unnecessary vehicular congestion within the vicinity.
,
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 placement of all tenants on each ground si.qn would result in ineffectual ground signs, given the number of
tenants, which would constitute 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:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
FA(;::ADE PROJECTIONS / RECESSIONS VARIANCE
,
.
DATED THIS
DAY OF ,, 20O__4.
Board Member
Docket No.'
Petitioner:
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Duke Construction, Limited Partnership, by Mary E. Solada
,
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
FA(~ADE PROJECTIONS / RECESSIONS VARIANCE
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
the provided reduction of the fac,.ade projections/recessions, given the superior design scenario, will not impact the
general welfare of the community, and will have no impact upon the public health and safety.
,
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 superior design of the proposed buildings, with impressive fac,,ade treatments, as envisioned by the US Highway
421-Michi.qan Road Corridor Overlay Zone, provide for a visual variation as envisioned by the fac,.ade
proiection/recession standard. Additionally, the fac,,ade treatments will constitute an aesthetic improvement to many
established commercial facilities in the vicinity.
,
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 superior design of the proposed buildings, with impressive fac,,ade treatments, as envisioned by the US Highway
421-Michigan Road Corridor Overlay Zone, provide for a visual variation as envisioned by the fac,.ade
projection/recession standard. Given the aesthetic improvement, superior to many established buildings in the
vicinity, strict compliance with the 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:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
FAq:ADE MATERIAL CHANGE I HORIZONTAL-VERTICAL VARIANCE
.
.
DATED THIS
DAY OF ,200_~4.
Board Member
Docket No.'
Petitioner:
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Duke Construction, Limited Partnership, by Mary E. Solada
,
,
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
FACADE MATERIAL CHANGE I HORIZONTAL-VERTICAL VARIANCE
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 material change along a vertical line, given the superior design scenario, will not impact the general
welfare of the community, and will have no impact upon the public health and safety.
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 superior design of the buildinqs, with impressive faq;ade treatments, as envisioned by the US highway 421-
Michigan Road Corridor Overlay Zone, provide for a positive visual variation, although elements consist of material
changes along vertical lines. Additionally, the fac,.ade treatments, with some material changes along vertical lines,
will constitute an aesthetic improvement to many established commercial facilities in the vicinity..
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 superior design of the proposed buildings, with impressive fac,,ade treatments, as envisioned by the US Highway
421-Michi.qan Road Corridor Overlay Zone, provide for a positive visual variation as envisioned by the la.de
material chan,qe standard. Given the aesthetic improvement, superior to many established buildings in the vicinity,
strict compliance with the facade material chanqe standard constitutes a practical difficult~ in the use of the proDe~.
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).
I O00W Vertical and Horizontal Lamp Performance Combined
with Flat or Sag Glass Lens Provides Flexible Solutions for
Ltght Trespass Issues and Dark Sky Ordinance Compliance
The addition of the
~$' Housing c~mpllment$
tile features and beneYita of
the flJ"AL3 ancl the 14"AL~,
Refer f~ Wide.Life's
· b'.r~ure for details on the
'miq.~ize solution, the AL3,
FOr pedestrian epplicmtions
consider the oompact AL2,
I AC4 40OW- lO00W
! Yertleally Laml3ed.
Reflector with Sag Lens
j .
Full Cutoff
AL4 400W- I OOOW
vertigo/Lamp~
R~k~3r wl~ Flat Lan~
Plat lens ensures that no light exits at or above 90'
Full Cutoff
AL4 400W- tooow
Horizontally Lamped Refle~'"tor w~ Flat Len~
Community-Frfendly Site Lighting
Forthe benefits of full cUtOff laertbrmen~, 1/14de.Llte'a Al.4 provides
highly efre~ attawerto the gmwfng spill ltght problem facing
communities today. Designed for aO~pliance with dark sky ordlnanoe~,
the vegic. I lamp/flat gla~, com'lgumtion aEOlUs the highest visual
camfort level~ ~Oaaible In gte lighting.
VisUal Comfort
By poaitionlng ~e veWcal lamp high In the reflector, tire direct view of tl~e
am tube I~ minimized. O0 ~rve~ In ~djacent properties experience perceived
g/am mSuction and er~hanced visual comfo~
Etfiolency
SupeSor op~c~ anci tllgh wattage pefformanoe ~vi~ ~e l[~lng ~ol~On~
that au~ ~th the oommunl~ and ~e properly owna~s ~e~.
ww~.wlda.ll~.oom - KEYWORD; ~..4
~1o I~ht my ~
U~ 10% of la'rip lurmna
i, ~andlepc~ at t)0'
Flat lens ensu~ that no fight exlt~ at or above 90"
~A DATA
Mounting t 2
Flat Lar~ ~.e 4.8
.3 or4
P~To~
I
Al..4 DIMIZNSIONSI
.Nm M~nt
AL4 o. Em.
Sedee I Wat~~ Dbtdbutkm I Lamp Po~idan Voltage ~ountlng Optio~
r-1 AL4~OO0 13 ~ = Type ill, VedimlLa~p, Q 120 Q $$ = Am11deul~to CI Ft
CI ALAMO0 Rat Glass, Full Culoff
[3 4F ; ForwardThm, Vedir. al
CI AL~.t~O ~p, Flat ga~, Full
Q ~.7~ ~ 5F . T~ V Squ~ V~
~ G~, Gu~
~ A~~0 ~ 4V = F~dThr~,Ve~
P~m~ ~at G~, F~ C~
Ty~ Ill "~; Fid G~ FuU ~
Fo~ : ,,~"~'.V~ F~ ~, Full
216
Q277
O~one (F~ In~,t,aq~ _)_ .... I Fbj!;h
Type
Square Pole 120 o' 277V ·
C] DM --. Direct IaeunL~o CI I~
Sqtm~ Pole 208, 240 or 4BOV
0 SR(X) -" Arm Mountta Q LQ = HoEC~
Round Pole (~) Reatrike
IVlount to Square Pole, (I20V) Quertr Realrike
Indudee traqailton plate ~ eSR .~ Hot Qumt~ResMke
ct MA2 - A4ustable C) TLR = TwbtLoc~
Ma.L]$~ Uounk Lo Photocell Reoepla~le
2.31a' OD Innce, CI TLR. PC r. TwbtL00k
lnc~dea kmail~on plata Pho~:~
I~ RTA-(X)-(Y) - Round Phobcmlrol,
Tenon Adai~r, 12' arm(s) C3 PCB = ~ ButtOn,
included (~) specify vollsle la)
El PT(XY) = Posl, Top I~ 1488 - HaaeSId~Shlekl
Yoke Moun{ (d) 0 SV' = 8V Oj~lCStrtdude
high refle~eeuper
mlleoLor
CI RNC "Red.ed N~r
DB "D~:BrellZe
'TBK "' Tee, ged Blad~
GR "Gray
PaN = Textwed
= ,,,,~ Numinum
WHT ~' Whil~
IF2 = InlineFusing,
specify 20a, 240 er
V~ Opa~
H.~.H-AL4 · Irdemal
Ha'axed
, d_,.. .. --. ~_ -
NOTre:
M = Mm~ Halide, P = Pube 81a~ Metal Halide. 8 = H~h ~s~m 8odin.
~ ~p ~v~ ~ K ~ mr ava~qiiy,
RNO tw .~d ~ ~ ~m ~ mh~u~ ~~iiy m~ (5 to I or
~ ~ln~ ~~y~ mg~ h ~ fa~ndle le~M Con~lL f~a~.
(~- ~ ~e ~: p.e ~ a)~ 00, (~ l e)' OD.
(Y) m ~ t~ a~: Z~P OD x 4'. (3 ! ~Sy' OD x e', ~.~ ~ ~)" OD x ~".
PCB ~ ~ ava~ ~ ~.
SP£Cfl~IC&TION9
HOUAI]NG FeAyled atuml, um ~t metal hou~g ~d t~. ~a sfde= end mp
~ag ~ m~~~ ~ ~~ly ~md lO ~m m rain-Ugh/
O~~ MODu~ Romm~ ~a~md ~gmenmd rape~m ~.~ be
0~1 l~llea ~1 ~ ~ld ~~le ~d
Oa~ ~ e~um · ~e ~I to ~. h~g, and ~ .~mmo~te a fla~ m
~~ A ~~, 4~ pure ~a, ~1 ~ ~m ~d ~t ~ ~
6~ ~gt ~, $~ ~ ~fl~ for ~ ~fl~ a~ ~1 la~e.
~ 'B~ ~l ~ h~ ~f~orMh ~ e~ng down ~ ~O'F for
,
AL4P.4.~
AU$4000 ,,,
AL4~Tffi
8~eddemao~a .nd dmen~ ore mub)ect lo o~ wanoat ~,
!
,
·
BULLETIN NO, 07e~-oToa
TOTAL P.OD
Exterior Materials: _Brick, cast stone
Colors: Red, cream~
MaximumNo. of Tenants: 3._9_0
Type of Uses: _Retail .commercial
Water by: _Indianapolis Water Company
Sewer by: _Clay Twp. Regional
LIGHTING
Type of Fixture:
McGraw-Edison
Galleria (GL, GS)
Height of Fixture: 25 feet max. (pole and base)
No. of Fixtures' _42 light poles Additional Lighting: 2_0 wa!l-mounted shoe box
58 fixtures
* Plans to be submitted showing foot candle spread at property lines, per Ordinance.
SIGNAGE
·
No. of Signs' 5 freestanding, 14 wall
Type of Signs: multi-tenant buildin com lex wall
Location(s):
Freest~ 1 at Ret mmerce
. th Street entrance)
Wall: 1 on west side of each tenant wall
Dimensions of each sign:
3 Freestanding: 14'2"X29'2"
2 Freest3" X 10' 10-5/8"
Wall ertenant h'm buildin atRetail/C~ 7' X35'
Wall, per tenant ("B" Shops buildings): 2'6" X 16'
Square Footage of each sign:
3 Freestanding: 413.34
2 Freestanding' 57.17 '
Wall (primarybuildi_ng at Retail/Commerce)' 245
_~rall ("B" Shops buildings): 40_
Total Height of each sign: 3 Freestanding: 14'2"
2 Freestanding: 5'3'_'
Z :shared\forms\PC application\adlsapp.doc
5/14/2004
EXHIBIT A
PAGE 1 OF 2
A LAND BOUNDARY DESCRIPTION OF
WALNUT CREEK MARKETPLACE
APPROXIMATELY 9700 NORTH MICHIGAN ROAD
CARMEL, INDIA~^
M^¥ ! 1,, 2004
A part of Section 7, Township 17 North, Range 3 East, Hamilton County, Indiana,
described as follows' Commencing at the northeast comer of the Southeast Quarter of
said section; thence South 88 degrees 44 minutes 27 seconds West along the north line of
said Southeast Quarter 1,106.46 feet to the POINT OF BEGINNING of this description:
thence South 00 degrees 37 minutes 40 seconds East 1,255.30 feet; thence South 88
degrees 40 minutes 49 seconds West 1,137.71 feet; thence North 20 degrees 56 minutes
37 seconds West 298.97 feet; thence South 69 degrees 03 minutes 23 seconds West
274.51 feet to the easterly right-of-way line of U.S. 421; thence along said easterly right-
of-way line the following seven (7) courses: (1) North 21 degrees 11 minutes 28 seconds
West 342.02 feet; (2) North 21 degrees 54 minutes 26 seconds West 262.49 feet; (3)
North 25 degrees 57 minutes 17 seconds West 98.77 feet; (4) North 21 degrees 11
minutes 28 seconds West 337.18 feet; (5) Northerly 100.74 feet along an arc to the fight
and having a radius of 14,646.15 feet and subtended by a long chord having a beating of
North 21 degrees 09 minutes 50 seconds West and a length of 100.74 feet; (6) North 88
degrees 56 minutes 44 seconds East 8.71 feet; (7) Northerly 111.09 feet along an arc to
the fight and having a radius of 228,358.92 feet and subtended by a long chord having a
bearing of North 21 degrees 09 minutes 09 seconds West and a length of 111.09 feet;
thence North 88 degrees 56 minutes 44 seconds East 301.04 feet; thence North 20
degrees 56 minutes 37 seconds West 196.23 feet; thence South 88 degrees 53 minutes 19
seconds West 297.48 feet to the easterly right-of-way line of U.S. 421; thence North 24
degrees 01 minute 45 seconds East along said easterly fight-of-way line 47.14 feet to the
southerly fight-of-way line of Retail Parkway; thence along said southerly right-of-way
line the following two (2) courses: (1) North 69 degrees 08 minutes 38 seconds East
137.09 feet; (2) North 53 degrees 53 minutes 17 seconds East 856.17 feet to the westerly
right-of-way line of Commerce Drive; thence along said westerly right-of-way the
following four (4) courses: (1) South 81 degrees 06 minutes 37 seconds East 49.50 feet;
(2) South 36 degrees 06 minutes 42 seconds East 78.27 feet; (3) Southeasterly, and
Southerly 214.62 feet along an arc to the right and having a radius of 705.00 feet and
subtended by a long chord having a beating of South 27 degrees 23 minutes 26 seconds
East and a length of 213.79 feet; (4) South 18 degrees 40 minutes 10 seconds East 632.03
feet to the south line of the Northeast Quarter of said Section 7; thence North 88 degrees
EXHIBIT A
PAGE 1 OF 2
G: ~SD ~'oj cots\61287XCaddXSurvey\61287 overall_dose.doe
Prepared by Woolpert LLP
~5/11/04 1:38 PM
EXHIBIT A
PAGE 2 OF 2
A LAND BOUNDARY DESCRIPTION OF
WALNUT CREEK MARKETPLACE
APPROX/MATELY 9700 NORTH MICHIGAN ROAD
CARMEL, INDIANA
MAY 11, 2004
44 minutes 27 seconds East along said south line 773.40 feet to the POINT OF
BEGINNING and containing 60.839 acres, more or less.
EXCEPTING therefrom the following described land:
A part of the Southeast Quarter of Section 7, Township 17 North, Range 3 East,
Hamilton County, Indiana, described as follows: Commencing at the northeast comer of
said quarter section; thence South 88 degrees 44 minutes 27 seconds West along the north
line of said quarter section 1,106.46 feet; thence South 00 degrees 37 minutes 40 seconds
East 1,255.30 feet; thence South 88 degrees 40 minutes 49 seconds West 1,095.24 feet;
thence North 20 degrees 56 minutes 37 seconds West 35.09 feet to the POINT OF
BEGINNING of this description: thence North 20 degrees 56 minutes 37 seconds West
988.15 feet; thence North 69 degrees 03 minutes 23 seconds East 726.45 feet; thence
Easterly, and Southeasterly 20.73 feet along an arc to the right and having a radius of
15.00 feet and subtended by a long chord having a bearing of South 71 degrees 21
minutes 27 seconds East and a length of 19.12 feet; thence Southeasterly 96.80 feet along
an arc to the left and having a radius of 195.00 feet and subtended by a long chord having
a bearing of South 44 degrees 53 minutes 05 seconds East and a length of 95.80 feet;
thence South 59 degrees 06 minutes 19 seconds East 107.92 feet; thence Southeasterly
40.76 feet along an arc to the right and having a radius of 105.00 feet and subtended by a
long chord having a bearing of South 47 degrees 59 minutes 05 seconds East and a length
of 40.50 feet; thence South 20 degrees 46 minutes 21 seconds East 585.42 feet; thence
South 29 degrees 45 minutes 55 seconds West 290.49 feet; thence South 69 degrees 13
minutes 38 seconds West 638.59 feet to the POINT OF BEGINNING and containing
18.794 acres, more or less.
CONTAINING after said exception 42.045 acres, more or less.
EXHIBIT A
PAGE 2 OF 2
G: ~;D~Proj ects\6'1287\Cadd~gu~ey\61287 overall_desc.doc
Prepared by Woolpert LLP
5/11/04 1:38 PM