HomeMy WebLinkAbout2nd Amended Application 9/3/04 CITY OF CARMEL - CLAY TOWNSHIp
HAMILTON COUNTY~ INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
SECOND AMENDED APPLICATION
FEE: $655.00 for the first plus $72.50 for each additional section of the ordinance being varied.
DOCKET NO.
04050029 V
04050030 V
04050033 V
04050034V
04050035V
04050036 V
04070008¥
04070009 V
04070010 V
(foundation plantin.qs)
(access to tracts )
(sign number and type)
(wall sign area)
(.qround si.qn area.)
_
(.qround si.qn height)
(ground sign copy area)
(fac,,ade projections / recessions)
(fac,.ade material change / horizontal-vertical)
DATE RECEIVED:
1)
Applicant:
Duke Construction, Limited Partnership, by Mary E. Solada
Address:
Bingham McHale LLP, 10 W. Market Street, 2700 Market Tower, Indianapolis, Indiana, 46204
2)
Project Name: West Carmel Marketplace
Engineer:
Woolpert LLP (Greg Snelling, P.E.)
Phone: 299-7500
Architect::
CSO Architects (Alan Tucker, AIA)
Phone: 848-7800
Attorney:
Mary E. Solada, Bingham McHale LLP
Gre.qory J. Ewing, AICP, Bin.qham 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)
If Item 3) c)is checked, please complete the following:
Owner of the property involved:
Owner's address:
Phone:
5)
Record of Ownership:
Deed Book No./Instrument No.: 97-9729899, 97-9729900, 99-9931338, 2000-50548, Book 266, Book 350, and
Book 316
Page: 650-651,838, and 97-99, respectively
3-26-85, and 3-19-79, respectively
Purchase dates: 7-23-97, 7-23-97, 7-23-97, 7-31-00, 6-15-73,
6)
Common address of the property involved: 9901 Michigan Road
Legal description' See Attached
Tax Map Parcel No.:
17-13-07-00-16-001.000, 17-13-07-00-00-041.000, 17-13-00-00-040.000,
17-13-00-00-039.000
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 retail commercial multi-tenant building complex, per detailed plans on file, located in
the B-2 and B-3 primary zones, and the US Highway 421 - Michigan Road Corridor Overlay Zone.
Foundation Plantings (23C.10.02,2): The primary multi-tenant building (located at Retail Pkwy and Commerce Dr)
would have no foundation plantings along the east side of the building. The "B" Shops buildings (located along the
US 421 frontage) would have 3-foot wide foundation plantings along the east side of the buildings. The Ordinance
requires a minimum of 5 feet wide.
Access to Individual Tracts (23C.13): A new primary entrance drive, being 99th Street, to be a dedicated public
street, would be established intersecting US 421. Additionally, one right-in/right-out would be provided alon.q US
421 near the south property line. The Ordinance prohibits new curb cuts along US 421.
Si.qn Number and Type (25.07.02-11, b): The development would have five multi-tenant building complex si.qns,
wi~h two of these being east of the "B" Shops buildings. The Ordinance allows for a maximum of three.
Wall Sign Area (25.07.02-09,,c): Five wall signs for the individual tenants of the primary multi-tenant building (Retail
Pkwy and Commerce Dr) would each be 225 square feet. The Ordinance allows for a maximum of 115 square feet
each.
Ground Sign Area (25.07.02-11, c, i): Two.~qround signs, identified as "Sign A", located along the Michigan Road
frontage (one at Retail P~ and one at 99"' Street), Would each be 245 square feet. The Ordinance allows for a
maximum of 75 square feet.
Ground Sign Height (25.07.02-11, d, i): Two ground signs, identified as "Sign A", located along the Michigan Road
frontage (one at Retail Pkwy and one at 99t~ Street), would each be 14'10" tall. One ground sign, identified as "Si.qn
C", located at Commerce Dr and Retail P~, would be 7'9" tall. The Ordinance allows for a maximum height of 6
feet.
Ground Sign Copy Area (25.07.02-11, .q): Two ground signs, identified as "Sign B", located behind the "B" Shops
buildings, would each contain a Changeable copy area of 71%. The Ordinance allows for a maximum 2/3
Changeable copy area, or 66%.
Fac,,ade projections / recessions (23C.09, D): The primary multi-tenant building (located at Retail Pkwy and
Commerce Dr) fac,,ade would not have building offsets along each facade. The "B" Shops building (located along
the US 421 frontage) would have 4-foot building offsets along the front facade. The Ordinance requires a minimum
8-foot offset at a minimum of each 60-foot interval along each facade.
Fac,.ade material change / horizontal-vertical (23C.09, D): The primary multi-tenant building (located at Retail Pkwy
and Commerce Dr) front fac,.ade contains material changes along vertical lines. The Ordinance provides for only
material changes along horizontal lines.
State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet
entitled "Findings of Fact-Development Standards Variance").
Foundation Plantings: The primary multi-tenant building (located at Retail P~ and Commerce Dr) and the "B"
Shops Buildings (located along the Michigan Road frontage) would have foundation plantings consistent with, or
exceeding, the standard set forth by the adjacent retail commercial building to the north, including a lack of
foundation planting area on the east side of the building. This development scenario, aside from being consistent
with the adjacent scenario, is to accommodate the location of loading facilities. Significant perimeter landscape
treatment is proposed, with finished masonry fac,,ade treatment to encompass all sides of the buildings. Additionally,
significant landscaping is proposed within the large parking area west of the primary multi-tenant building in multiple
landscape islands therein, in contrast to the existing interior parking landscaping scenario adjacent to the north. The
superior design, aesthetic, and functional intentions of the US Highway 421-Michigan Road Corridor Overlay Zone
and B-3 primary district are realized, within the overall development proposal, with which the foundation plantin.q
variance is but one element.
Access to Individual Tracts' The petitioner-controlled property contains five (5) Michigan Road curb cuts (Retail
Parkway being one, and four additional cuts south of the existing Porter Paint facility). The intent of the access
Provision of the US 421-Michi.qan Road Corridor Overlay Zone is to reduce curb cuts, by providing common
entrances and frontage roads. The overall design scenario would reduce the number of curb cuts along this
frontage from five (5) to three (3), being a 40% reduction, and with the southernmost access strictly a right-in/ri.qht-
out. The overall design scenario would provide common entrances for multiple users. The overall design scenario
would provide for a private frontage road, generally parallel with Michigan Road. Additionally, the Thoroughfare
Plan specifically recommends the 99t~ Street point of access, where proposed. These multiple factors create an
overall benefit and compliance with the intent of the access provision of the Overlay Zone, despite requiring a
deviation for the establishment of the new primary entrance roadway and the right-in/right-out.
Si.qn Number and Type: The placement of two additional freestanding multi-tenant building complex signs would
not impact the Michigan Road streetscape or aesthetic intentions of the standards of the sign provisions of the
ordinance, since they would both be located east of the "B" Shops buildings, over 200 feet from Michigan Road, and
in proximity to a private interior access drive. Additionally, the freestanding signs are proposed to be consistent with
the overall design theme. The superior design, aesthetic, and functional intentions of the sign provisions of the
ordinance are realized, within the overall development proposal, with which the sign number and type variance is
but one element.
Wall Sign Area: The placement of wall signs for the primary multi-tenant building (located at Retail Pkwy and
Commerce Dr), which exceed the sign area standard, is necessary because the development scenario does not
propose a large single tenant user ("big box"), which would accommodate significant buildinq identification and
Scale-based visibility. Relative alignment of the primary multi-tenant building, with the established large single tenant
building to the north, promotes design compatibility, but also results in visibility challenges for such a multi-tenant
building, given the existing frontage development along Michigan Road. Additionally, the wall signs for the primary
building are further limited to internally illuminated individual letters, one (1) or two (2) lines of copy, maximum letter
height of four (4) feet, and colors limited to blue, green, white, bronze, or other color as approved by the Plan
Commission. Given these circumstances and limitations, 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 realized,
within the overall development proposal, with which the wall sign area variance is but one element.
9)
10)
Ground Si.qn Area: The placement of two (2) multi-tenant building complex ground signs, which exceed the si.qn
area standard, is necessary because the development scenario does not propose a large single tenant user ('"big
box"), which would accommodate significant building identification and scale-based visibility. Relative alignment of
the primary multi-tenant building, with the established large single tenant building to the north, promotes desi.qn
compatibility, but also results in visibility challenges for such a multi-tenant building, given the existing frontage
development along Michigan Road. Additionally, all ground signs are further limited to white or bronze letterin.q on a
cream opaque background. The ground signs are proposed to be consistent with the overall design theme. The
superior design, aesthetic, and functional intentions of the sign provisions of the ordinance and the US Hi.qhway
421-Michigan Road Corridor Overlay Zone are realized, within the overall development proposal, with which the
ground si.qn area variance is but one element.
Ground Sign Height: The placement of three freestanding multi-tenant building complex signs which exceed the
sign hei.qht standard is necessary because the development scenario does not propose a lar.qe single-tenant user
("bi.q box"), which would accommodate significant building identification and scale-based visibility. Relative
~li.q~ment of the primary multi-tenant building (located at Retail Pkwy and Commerce Dr) with the established lar.qe
single tenant building to the north promotes design compatibility, but also results in visibility challenges for such a
multi-tenant building, given the existing frontage development along the Michigan Road corridor. Additionally, to
address ground sign compatibility and impact issues, all ground signs are further limited to white or bronze letterin.q
on a cream opaque background. The ground signs are proposed to 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-Michi.qan Road Corridor Oveday Zone are realized, within the overall development proposal, with which the
_qround si.qn height variance is but one element.
Ground Sign Copy Area: The additional Changeable copy area, for the two (2) ground signs behind the "B" Shops
buildings, is necessary in order to minimize the size of these ground signs, while still maintaining visible identification
thereon. Both of these ground signs would be less than the maximum height and less than the maximum area
afforded by the ordinance. Additionally, to address ground sign compatibility and impact issues, all ground signs are
further limited to white or bronze lettering on a cream opaque background.
Fac,,ade projections / recessions: The primary multi-tenant building (located at Retail Pkwy and Commerce Dr)
would be generally located in-line with an adjacent, established, large "big box" retail facility. The fac,.ade of this
established, adiacent "big box" facilit~ is much less descript than the proposed prima~ multi-tenant buildin.o, with
each entrance providing moderate visual variation as intended by the projection/recession standard. The "B" Shops
buildinfl (located along the Michigan Road frontage) would be provided with 4-foot proiections/recessions, which
would, along with the superior fa~de design, meet the intent of the proiection/recession standard.
Fa~de material change / horizontal-vertical: The primary multi-tenant building (located at Retail Pkwv and
Commerce Dr) contains material variation primarily along horizontal lines. However, the placement of occasional
decorative accent materials or other architectural elements along vertical lines is necessary to differentiate the tenant
spaces and/or their entrances.
Present zoning of the property (give exact classification): B-2, B-3; US Highway 421-Michigan Road Corridor
Overlay
Size of lot/parcel in question: 40.778 acres
12)
Present Use of the property: Undeveloped
Describe the proposed use of the property:
Retail commercial multi-tenant building complex
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
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 retail commercial 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:..,.~ ¢~r
(Attorney)
September 3, 2004
Date
Mary E. Solada, Esq.
(Please Print)
STATE OF INDIANA
SS:
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 O~r, Attorney, Or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
~'~ day of
~ Notary Pub. ljD_z_,~atui}e
¢ &~ ............. ~ ~ Notaw Public- Please Print
..........
[ OFFiCiAL
- = ~ - My ~mmission expires:
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.: 04050029 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
FOUNDATION PLANTINGS VARIANCE.,
.
,
DATED THIS~ DAY OF .., 200_~.4.
Board Member
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.' 04050029 V
Petitioner:
Duke Construction, Limited Partnership, by Mary_ E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE.
FOUNDATION PLANTINGS VARIANCE
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
foundation plantings provided will, in many instances, exceed the standard, thus preventing a lack of foundation
plantings precedent, which could otherwise lead to further landscaping reductions affecting the general welfare of
the community. Additionally, the provided foundation plantings will be generally consistent with the development
pattern established within the US Highway 421-Michigan Road Corridor Overlay Zone.
.
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 foundation plantings will be generally consistent with the development pattern generally established within the
US Highway 421-Michigan Road Corridor Overlay Zone, particularly immediately adiacent to the north. Additionally,
the superior design, aesthetic, and functional intentions of the US Highway 421-Michigan Road Corridor Overlay
Zone will be realized, in the context of the overall development proposal, with which the foundation plantin.~s
variance will not affect the use and value of the area adjacent in an adverse manner, particularly given the sLqnificant
perimeter and internal landscaping areas.
,
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 foundation plantings will be generally consistent with the development pattern established within the US
Highway 421-Michigan Road Corridor Overlay Zone, particularly immediately adjacent to the north. Strict
compliance with the foundation plantings standard, given the context of the perimeter and internal landscapin.~, and
the existing development pattern established, 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. 04050029 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.: 04050030 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
ACCESS TO INDIVIDUAL TRACTS VARIANCE
.
,
DATED THIS DAY OF .... 200~4.
Board Member
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 04050030 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
.
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
ACCESS TO INDIVIDUAL TRACTS VARIANCE,,
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
the overall number of curb cuts along the related Michigan Road frontage will be reduced, a private fronta.qe
roadway will be established, and a new entrance drive will be established to coordinate with future roadway
development as proposed by the Thoroughfare Plan.
,
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 overall development proposal will provide for a reduction in curb cuts along this segment of Michigan Road,
reducing vehicular conflicts. A private frontage roadway will be established, reducing vehicular traffic on Michi.qan
Road, versus a non-frontage roadway scenario. Additionally, a new entrance drive will be established in
coordination with the long-term new roadway plans of the Thoroughfare Plan, west of Michigan Road, designed to
disperse vehicular traffic in this Michigan Road 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 elimination of all existing and legally established curb cuts along this segment of Michigan Road would
effectively render a commercial site of this acreage unviable, which would be in contradiction to the current zoning
and the recommendations of the Comprehensive Plan. Given the context of the existing access points, the overall
development scenario, including the establishment of a frontage roadway, and a new public street entry drive
connection to proposed long-term roadway construction plans, as proposed by the Thoroughfare Plan, strict
compliance with the access provision 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. 04050030 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.: 04050033 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
SIGN NUMBER AND TYPE VARIANCE
,
,
DATED THIS
DAY OF .., 200___4.
Board Member
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 04050033 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
SIGN NUMBER AND TYPE 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 two additional multi-tenant building complex signs, oriented along a private interior access drive,
will provide building and use identification, and will promote safe and efficient vehicle maneuverability within the
overall development.
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 two additional multi-tenant building complex signs, oriented along a private interior access drive,
will not impact the Michigan Road frontage. Given the context of the overall and signage design theme, the specific
location of the two additional freestanding signs, and the compliance with the superior design, aesthetic, and
functional intentions of the si.qn provisions of the ordinance and the US Highway 421-Michigan Road Corridor
Oveday Zone, the use and value of the area adjacent to the property will not be affected.
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 two additional multi-tenant building complex signs, oriented along a private interior access drive, is
necessary to provide interior identification, and to promote safe and efficient vehicle maneuverability. Strict
compliance with the sign provisions of the ordinance, regarding si.qn number and type, given the context ot the
overall signage and design theme, the specific location of the two additional freestanding signs, 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. 04050033 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.: 04050034 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
WALL SIGN AREA VARIANCE
.
.
DATED THIS
DAY OF .... 200_~.4.
Board Member
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.' 04050034 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
WALL 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 wall signs exceeding the sign area standard will be located a significant distance from the Michigan Road ri.qht-
of-way. The wall sign size deviation provides improved visibility for motorists maneuvering in the vicinity, and with
the relatc, d directional attributes for motorists, given the variety of entrance options to the overall site, causing the
wall area sign size deviation to be iustified 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 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 location of the wall signs a significant distance from
Michigan Road. In the context of the primary multi-tenant building's location, the visibility challenges therein, the
design compatibility, and the compliance with the intentions of 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:
the relative alignment of the primary multi-tenant building with an established large single-tenant buildin.q (adiacent
to north), being removed a significant distance from the Michigan Road frontage, and with existing development
along the Michigan Road frontage, further impacting visibility, causes the necessity for a sign area deviation. Strict
compliance with the sign provisions of the ordinance, re.qardin.q sign area, given the context of the overall si.qna.qe
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 si.qn
provisions and the US Highway 421-Michi,qan Road Corridor Overlay Zone, constitutes a practical difficulty in the
use of the properb/.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals the Developmental Standards Variance
Docket No. 04050034 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.: 04050035 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
GROUND SIGN AREA VARIANCE
.
DATED THIS
DAY OF ,200.~4.
Board Member
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 exceeding the si.qn area standard will be located in a manner to provide for adequate visibility for
motorists maneuvering 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 si.qn 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 sign provisions of the ordinance and the US Highway 421-
Michigan Road Corridor Oveday 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 lar.qer si.qns will
not affect the use and value of the area adiacent.
.
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 sign provisions of the ordinance, regarding .qround sign area, given the context of the
overall si.qna.qe 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-Michi.qan 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 buildinq'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 buildin.q (adiacent
to north), being removed from the Michigan Road frontage, and with existing development along the Michigan Road
frontage, further impacting visibility, causes the necessity for a ground sign height deviations. Strict compliance with
the sign provisions of the ordinance, regardin_~ ground si.qn height, given the context of the overall si.qna.~e 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 anc~
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.: 04070008 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
GROUND SIGN COPY AREA
.
.
DATED THIS
DAY OF ., 200_~4.
Board Member
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.' 04070008 V
Petitioner:
Duke Construction, Limited Partnership, by Mary_ E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
GROUND SIGN COPY AREA
,,,
The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
the increased Changeable copy area for two (2) ground signs, in the context of the reduced size of these specific
signs, will not impact the public health and safety. Additionally, strict compliance with the copy area standard 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 increased Changeable copy area for two (2) ground signs, in the context of the reduced size of these specific
si.qns, will not affect the area adiacent. Additionally, the applicable two (2) ground signs are far removed from the
nearest adiacent property, further resultin.q in no affect upon 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 Changeable copy area deviation for the two (2) applicable ground signs would not be required, were these
ground signs of the maximum height and size permitted. Therefore, strict compliance with the Changeable copy
.~tandard, in the context of the reduced size of these specific signs, 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.: 04070009 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
FACADE PROJECTIONS I RECESSIONS VARIANCE
.
.
DATED THIS
DAY OF ., 200_~_4.
Board Member
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.' 04070009 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
FA(;::ADE PROJECTIONS I 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 proiections/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 far,,ade treatments, as envisioned by the US Highway
421-Michigan Road Corridor Overlay Zone, provide for a visual variation as envisioned by the farcde
proiection/recession standard. Additionally, the far,,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 far,,ade treatments, as envisioned by the US Highway
421-Michigan Road Corridor Oveday Zone, provide for a visual variation as envisioned by the facade
proiection/recession standard. Given the aesthetic improvement, superior to many established buildings in the
vicinity, strict compliance with the standard constitutes a practical difficult~ in the use of the prope~.
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.' 04070010 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
FACADE MATERIAL CHANGE I HORIZONTAL-VERTICAL VARIANCE
,
.
DATED THIS
DAY OF ,200_~4.
Board Member
CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: 04070010 V
Petitioner:
Duke Construction, Limited Partnership, by Mary E. Solada
.
.
FINDINGS OF FACT- DEVELOPMENT STANDARDS VARIANCE
FA(~ADE 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 buildings, with impressive fac,.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-Michigan Road Corridor Overlay Zone, provide for a positive visual variation as envisioned by the facade
material change standard. Given the aesthetic improvement, superior to many established buildin.qs in the vicinity,
strict compliance with the fac,,ade material change 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).
EXHIBIT A
PAGE 1 OF 2
A LAND BOUNDARY DESCRIPTION OF
WEST CARMEL MARKETPLACE
9901 NORTH MICHIGAN ROAD
CARMEL, INDLANA
AUGUST 26, 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 7; thence South 88 degrees 44 minutes 27 seconds West 1,106.46 feet along the north line
of said Southeast Quarter 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. Highway 421; thence along said easterly right-of-way line the following five (5) 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 100.38 feet along an arc to the
right and having a radius of 14,646.15 feet and subtended by a long chord having a bearing of
North 21 degrees 09 minutes 53 seconds West and a length of 100.38 feet to the south boundary
line of the land described in the deed to Porter Shank II, LLC, as recorded in Instrument Number
99-9904943 in the Office of the Recorder of Hamilton County, Indiana; thence North 88 degrees
53 minutes 19 seconds East 339.82 feet along said south boundary line of Porter Shank land to
the southeast comer of said Porter Shank land; thence North 00 degrees 25 minutes 52 seconds
West 289.00 feet along the east boundary line of said Porter Shank land to the northeast comer of
the land described in the deed to Checker Oil Company of Indiana, Inc., as recorded in Book 316,
page 97 in said Recorder's office; thence South 88 degrees 53 minutes 19 seconds West 435.74
feet along the north boundary line of said Checker Oil land to the northwest comer of Block F of
West Carmel Center, as described in Plat Cabinet 3, slide 163 in said Recorder's office; thence
along the northerly boundary line of said Block F the following five (5) courses' 1) North 24
degrees 01 minute 45 seconds East 47.14 feet; 2) North 69 degrees 08 minutes 38 seconds East
137.09 feet; 3) North 53 degrees 53 minutes 18 seconds East 354.21 feet to a point on the east
line of the Northwest Quarter of said Section 7, said line also being the west line of the Northeast
Quarter of said Section 7; 4) continuing North 53 degrees 53 minutes 18 seconds East 501.96
feet; 5) South 81 degrees 06 minutes 37 seconds East 49.50 feet to the westerly right-of-way line
of Commerce Drive; thence along said westerly right-of-way line the following three (3) courses:
1) South 36 degrees 06 minutes 42 seconds East 78.27 feet; 2) 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 bearing of South 27 degrees 23 minutes 26 seconds East and a length of 213.79
feet; 3) South 18 degrees 40 minutes 10 seconds East 632.03 feet to a point on the south line of
said Northeast Quarter, said line also being the north line of the Southeast Quarter of said Section
7; thence North 88 degrees 44 minutes 27 seconds East 773.40 feet along said north line to the
POINT OF BEGINNING and containing 59.557 acres, more or less.
EXHIBIT A
PAGE 1 OF 2
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EXHIBIT A
PAGE 2 OF 2
A LAND BOUNDARY DESCRIPTION OF
WEST CARMEL MARKETPLACE
9901 NORTH MICHIGAN ROAD
CARMEL, INDIANA
AUGUST 26, 2004
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 continuing
North 20 degrees 56 minutes 37 seconds West 963.15 feet; thence North 24 degrees 03 minutes
23 seconds East 35.36 feet; thence North 69 degrees 03 minutes 23 seconds East 689.36 feet;
thence South 70 degrees 37 minutes 35 seconds East 38.64 feet; thence Southeasterly 83.71 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 46 degrees 48 minutes 28 seconds East and a length of 83.06 feet; thence South
59 degrees 06 minutes 19 seconds East 101.28 feet; thence Southeasterly, and Southerly 70.25
feet along an arc to the right and having a radius of 105.00 feet and subtended by a long chord
having a beating of South 39 degrees 56 minutes 20 seconds East and a length of 68.95 feet;
thence South 20 degrees 46 minutes 21 seconds East 561.52 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 18.779 acres, more or less.
CONTAINING after said exception 40.778 acres, more or less.
EXHIBIT A
PAGE 2 OF 2
H:\Dell D DriveXl)uke-Carmel-DP-ADLS-vARLegal.doc
Prepared by Woolpert LLP
9/3/04 10:34 AM