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Packet 4-23-12
111 CONGRESSIONAL BLVD. APRIL 23, 2012 CARMEL CLAY BOARD OF ZONING APPEALS 12020026V 12020027V 12020028V 12020029V CARMEL CLAY PLAN COMMISSION SPECIAL STUDIES COMMITTEE 12020030 ADLS Amend. MAY 1, 2012 OWNER: CONGRESSIONAL PARTNERS, LLC APPLICANT: LAUTH GROUP, INC. Steven B. Granner, AICP Zoning Consultant Bose McKinney Evans LLP 111 Monument Circle, Suite 2700 Indianapolis, IN 46204 (317) 684 -5000 2109381v1 INDEX TO EXHIBITS Tab Description 1. Description of Requests 2. Variance Petition 3. ADLS Amend. Petition 4. Zoning Map 5. Exterior Wall Signage Specifications 6. Proposed Sign Location Options 7. Directory Sign Elevation 8. Sample West Elevation 9. Sample North Elevation 10. Sample East Elevation 11. Sample South Elevation 12. Sample Two -Line Text Elevation 13. Findings of Fact 14. Ballots DESCRIPTION OF REQUESTS FOR 111 CONGRESSIONAL BLVD. DESCRIPTION OF REQUESTED DEVELOMENT STANDARDS VARIANCES Petitioner requests the following variances of Development Standards: Chapter 25.07.02- 10(b): to allow a maximum of six (6) tenant identification wall signs for 111 Congressional Blvd. Chapter 25.07.02- 10(b): to allow a maximum of two (2) tenant identification wall signs to face east. Chapter 25.07.02- 10(b): to allow a maximum of three (3) tenant identification wall signs to face west and to face south. Chapter 25.7.02- 10(c): to allow the total square footage of the proposed six (6) tenant identification wall signs to not exceed a maximum of 450 square feet. Petitioner requests the following ADLS Amend. Approval: 2109390v1 DESCRIPTION OF REQUESTED ADLS AMEND. for a new sign package including wall signs, a ground sign and a directory ground sign. 2083958v1 FEES: Single Family (Primary Residence) $297 for the first variance, plus C. ordinance being varied. All Other $1,177 for the first variance, plus ordinance being varied. Or, see Hearing Officer Option Fees. DOCKET NO. DATE RECEIVED: 1) Applicant: Lauth Group, Inc. Address: 11595 N. Meridian Street, Suite 250, Carmel, IN 46032 2) Project Name: 111 Congressional Boulevard Engineer /Architect: N/A Attorney: Joseph D. Calderon Contact Person: Steven B. Granner Email: Tax Map Parcel No CITY OF CARMEL BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE sgranner @boselaw.com 3) Applicant's Status: (Check the appropriate response) 5) Record of Ownership: Deed Book No. /Instrument No. 2012 -02463 Page: Purchase date: January 17, 2012 6) Common address of the property involved: 111 Congressional Boulevard Legal description: (attached) 16- 09- 35- 00 -01- 016.000 Ch. 25.07.02 -10C Maximum Square Footage phone: 317- 575 -3078 Phone: N/A phone: 317- 684 -5331 Phone: 317 684 -5304 ection of the ectiorrof the (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property. (c) Other: related party 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Congressional Partners, LLC Owner's address: 11595 N. Meridian Street, Suite 250, Carmel, IN 46032 pi 317 575 -3078 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance that applies and /or creates the need for this request). Ch. 25.07.02 -10B Number of signs and sign orientation 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question 2083958v1 sheet entitled "Findings of Fact Development Standards Variance The building is a 5 story building that fronts on 3 streets and has 179,000 square feet. Having wall signs to offer prospective tenants is necessary within this corridor. 9) Present zoning classification of the property: B-6 10) Size of lot /parcel in question:_ 12.98 11) Present use of the property: Office Building 12) Describe the proposed use of the property: Office Building acres 13) Is the property: Owner occupied Renter occupied X Other 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, instrument no. decision rendered and pertinent explanation. a companion ADLA Amend. application has been filed with this application. 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? as soon as applicant occupies space in the building. 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? the applicant, on behalf of the owner. NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty -five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed.) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. The applicant understand that docket numbers will not be assigned until all supporting information has been submitted to the Departnt of party Services. Applicant Signature: t rye- Date: February 23, 2012 The applicant certifies by signing this application that he /she has been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and /or the legal advice of his /her attorney. I, hereby swear that I am the owner /contract purchaser of property involved in this application and that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. STATE OF INDIANA 23rd day of (SEAL) SS: t;iPy' STEVEN B. GRANNER f Marion County s� r My Commission Expires October 23, 2016 Signed AFFIDAVIT (Please Print) Februa 20 12 My commission expires: 11 Joseph D. Calderon County of Marion Before me the undersigned, a Notary Public (County in which notarization takes place) for Marion County, State of Indiana, personally appeared (Notary Public's county of residence) Joseph D. Calderon and acknowledge the execution of the foregoing instrument this Attorney Notary Public-- ignature Page 6 filename: development standards variance 2012 doc rev. 12/28/2011 Notary Public Please Print February 23, 2012 Attorney Date 2077898v1 ADLS /ADLS AMENDMENT APPLICATION (ARCHITECTURAL DESIGN, LIGHTING /LANDSCAPING, and SIGNAGE) ADLS Fee: $928 (plus $123 /acre when not accompanied by a Development Plan App.) ADLS AMEND Fees: Sign only: $306, plus $61 /sign; Building/Site: $617.50, plus $61 /acre (Note: fees adue after the application receives a docket number, and not before.) Date: Project Address: Name of Applicant: ADLS DP Attached Name of Project: 111 Congressional Boulevard Type of Project: Office Building 111 Congressional Boulevard Project Parcel ID 1 6_ 0 9_ 3 5_ 0 0_ 0 1_ 0 1 6 0 0 0 Legal Description: (please use separate sheet and attach) Lauth Group, Inc. Contact Person: Steven B. Granner Fax No. 317 223 -0304 Name of Landowner: Congressional Partners, LLC Phone: 317 684 -5304 Email: sgranner @boselaw.com Phone: 317- 575 -3078 Docket No. X ADLS Amend Previous DP? Yes X No Applicant Address: 11595 N. Meridian Street, Suite 250, Carmel, IN 46032 Landowner Address: 11595 N. Meridian Street, Suite 250, Carmel, IN 46032 Plot Size: 12.98 acres Present Use of Property Office Building Proposed Use of Property: Office Building New Construction? Yes No X Remodeled Construction Yes No X Zoning Classification: B -6 Revised: 12/28 /2011 filename: ADLS ADLS AMEND New /Revised Sign? Yes X No New Parking? Yes No X 2077898v1 New Landscaping? Yes No X No. of Spaces Provided: Water by: N/A No. of Fixtures: N/A Total Height of each sign: N/A Sewer by: (see standards) N/A Square Footage of each sign: (see standards) (see standards) PARKING DESIGN INFORMATION Type of Building: N/A No. of Buildings: N/A Square Footage: N/A Height: N/A No. of Stories N/A Exterior Materials: N/A Exterior Colors: N/A Maximum No. of Tenants: N/A Type of Land Uses: N/A LIGHTING Type of Fixture: N/A Height of Fixture: N/A Additional Lighting: N/A Plans to be submitted showing Foot candle spreads at property lines, per the ordinance. LANDSCAPING Engineered Landscape Plans to be attached /submitted showing plant types, sizes, and locations SIGNAGE No. of Signs: 8 Type of Signs: 6 Wal1/1 Ground /1 Directory Location(s): (see Exhibits) Dimensions of each sign: Revised: 12/28/2011 filename: ADLS ADLS AMEND No. Spaces Required: N/A 2 2077898v1 AFFIDAVIT I the undersigned, to the best of my knowledge and belief, submit the above information as true and correct. Signature of Applicant:_ Steven B. Granner, AICP (Printed Name) STATE OF INDIANA SS: The undersigned, having been duly sworn upon oath s. that the bove o tioi s fV me and correct and he is informed and believes. 2 County of Marion Before me the undersigned, a Notary Public (County in which notarization takes place) for Marion (Notary Public's county of residence) Joseph D. Calderon (P-r-oper-ty -©wne', Attorney, or Power- of- Atto,tiey) instrument this 13th (day) day of F l ;<:ri STEVEN B. GRINNER NOTARY' Marion County My Commission Expires October 23, 2016 Title: Zoning Consultant February (month) Date: February 13, 2012 County, State of Indiana, personally appeared and acknowledge the execution of the foregoing Petitioner) My commission expires: Notary Public Signature Notary Public Please Print Revised: 12/28/2011 filename: ADLS ADLS AMEND SIZE: 20869183. EXTERIOR WALL SIGNAGE SPECIFICATIONS 111 Congressional Boulevard, Carmel, IN April 13, 2012 CONSTRUCTION: 1. Letter and logo components are to be constructed with 5" deep individual letters, internally illuminated behind a 3/16" translucent Ivory face. Return and trim caps are to be Duranodic Bronze with a baked enamel finish. Multi -color text shall not be allowed. Logos may be a separate color, subject to Landlord and DOCS review and approval. 2. The font style of the sign copy shall be subject to Landlord and DOCS review and approval. Overall wall sign square footage shall not exceed 450 square feet and each individual wall sign shall not exceed 90 square feet, for an overall average of 75 square feet for the proposed six signs. Letters on wall signs shall be limited to 36" in height for one line of text and no more than 48" for two lines of text. A Tenant's logo is permitted, but in no event shall it be taller in height than the tallest letter in a Tenant's single -line text wall sign nor taller in height than the tallest letters in a two -line text wall sign, measured from the top of the tallest letter in the top text line to the bottom of the tallest letter in the bottom text line. All logos shall be subject to Landlord and DOCS review and approval. LIGHTING: Illumination is to be White LEDs within the channels. All UL approved components. INSTALLATION: 1. All components are to be installed on the sign band. Any exposed raceways, ballast boxes or electrical transformers shall be painted to match the building's color. 2. All secondary wiring is to be installed on the backside of the wall enclosed in grounded metallic flexible conduit. Primary wiring to the sign, including a time clock or photocell shall be performed using the Landlord's approved electrical contractor. The Tenant is to maintain a consistent on/off schedule as specified by the Landlord. Electrical service to the sign shall be on Occupant's meter and shall be part of Tenant's construction and operation costs. 3. All bolts, fastenings, clips, etc., shall be painted to match the sign mounting surface and made of non rusting or corrosive material. 4. Sign company names or stamps shall be concealed (code permitting). 5. To prevent spalling of the precast concrete panels, all penetrations of the building structure required for sign installation shall be performed utilizing a core drill methodology with the penetration neatly sealed in a watertight condition utilizing Dow Corning 795 or owner approved sealant. 6. Signs must be centered horizontally and vertically in the sign area and with adjacent signage on the building. Placement of all signs shall be from the closest corner of the building. If a sign is installed in the middle of the facade, no other sign can be installed on that facade. 7. Signs shall not be placed on canopy roofs extending above the building's roof or placed so as to project above the parapet, canopy or top of the wall upon which it is mounted. Additionally, signs may not extend down to cover any windows or below the window line on the building. 2078075v1 Docket No CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE 12020026 V Lauth Group, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proximity to the Meridian Street corridor provides for reasonable visibility for wall signs and the number and size of wall signs approved for this building will be appropriate for a building of this size. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the proposed signs will be similar to signs existing in the US 31 Corridor Overlay Zone 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: adequate identification for major tenants is critical for the success of this building. The additional signs will be similar to the number and size of signs approved for other buildings of this size. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. 12020076 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals DECISION day of 20 12 Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 filename: development standards variance 2012.doc rev. 12/28/2011 2078075v1 Docket No.: 12020027 V CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Petitioner: Lauth Group, Inc. 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proximity to the Meridian Street corridor provides for reasonable visibility for wall signs and the number and size of wall signs approved for this building will be appropriate for a building of this size. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the proposed signs will be similar to signs existing in the US 31 Corridor Overlay Zone 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: adequate identification for major tenants is critical for the success of this building. The additional signs will be similar to the number and size of signs approved for other buildings of this size. Adopted this CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. 2020027 1l is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. day of 20 12 Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 filename: development standards variance 2012.doc rev. 12 /28/2011 2078075v1 Docket No Petitioner: CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE 12020028 V Lauth Group, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proximity to the Meridian Street corridor provides for reasonable visibility for wall signs and the number and size of wall signs approved for this building will be appropriate for a building of this size. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the proposed signs will be similar to signs existing in the US 31 Corridor Overlay Zone 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: adequate identification for major tenants is critical for the success of this building. The additional signs will be similar to the number and size of signs approved for other buildings of this size. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. 17(2002R 11 is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals DECISION day of 20 12 Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 filename: development standards variance 2012.doc rev. 12/28/2011 2078075v1 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Docket No: 12020029 V Petitioner: Lauth Group, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proximity to the Meridian Street corridor provides for reasonable visibility for wall signs and the number and size of wall signs approved for this building will be appropriate for a building of this size. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the proposed signs will be similar to signs existing in the US 31 Corridor Overlay Zone 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: adequate identification for major tenants is critical for the success of this building. The additional signs will be similar to the number and size of signs approved for other buildings of this size. Adopted this CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 1202_002 v is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. day of 20 12 Conditions of the Board are listed on back. Petitio or representative to sign. Page 10 filename: development standards variance 2012.doc rev. 12/28/2011