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Home My WebLink AboutPacket 01-24-12PARKWOOD CROSSING BUILDING NO. 5 510 E. 96th STREET CARMEL CLAY BOARD OF ZONING APPEALS HEARING OFFICER 11120023 V 11120024 V 11120025 V JANUARY 24, 2012 CARMEL CLAY PLAN COMMISSION SPECIAL STUDIES COMMITTEE 11120026 ADLS Amend. FEBRUARY 7, 2012 DUKE REALTY LIMITED PARTNERSHIP Steven B. Granner, AICP Zoning Consultant Bose McKinney & Evans LLP 111 Monument Circle, Suite 2700 Indianapolis, IN 46204 (317) 684 -5000 INDEX TO EXHIBITS Exhibit # Description 1. Description of Requests 2. Variance Petition 3. ADLS Petition 4. Zoning Map 5. Site Plan 6. Proposed Sign Location 7. Findings of Fact 8. Ballot 2053754v1 DESCRIPTION OF REQUESTS FOR PARKWOOD CROSSING BUILDING 5 DESCRIPTION OF REQUESTED DEVELOMENT STANDARDS VARIANCES Petitioner requests the following variances of Development Standards: Chapter 3.07: Chapter 25.07.02- 10(b): Chapter 25.7.02- 10(c): definition of sign area to allow any logo sign area to be measured separately from any non -logo sign area. to allow (i) a maximum of three (3) tenant identification wall signs for Parkwood Crossing Building 5 and (ii) to allow one of the three signs to face east. to allow the requested third tenant identification wall sign on Parkwood Crossing Building 5, which shall face east, to contain a maximum total of 100 square feet of sign area. DESCRIPTION OF REQUESTED ADLS AMEND. Petitioner requests the following ADLS Amend. Approval: to install one new sign on the east elevation of Parkwood Crossing Building 5. CONDITIONS FOR PROPOSED VARIANCE - Maximum sign size shall be 100 square feet; Any logo shall not exceed 4 feet in height and shall not exceed 25% of the total sign area; - The area of any logo and the area of individual letters may be calculated separately; One line of copy shall not exceed 3 feet in height; - Two lines of copy shall not exceed 4 feet in height - The sign must consist of individual, internally illuminated letters with day -night plex (black during the day and white at night); and, Black trim caps and returns shall be used. 1835866v3 CITY OF CARMEL BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEE: Single Family (Primary Residence) $291.90 for the first variance, plus $89.90 for each additional section of the ordinance being varied. All Other $1,156.50 for the first variance, plus $546.40 for each additional section of the ordinance being varied. OR see Hearing Officer Fees DOCKET NO. DATE RECEIVED 1) Applicant: Duke Realty Limited Partnership c/o Steven B. Granner, Bose McKinney & Evans LLP 111 Monument Circle, Suite 2700 Address: Indianapolis, IN 46204 2) Project Name: Parkwood Crossing Engineer /Architect: N/A Attorney: Joseph D. Calderon Contact Person: Steven B. Granner Email: sgranner @boselaw.com Phone: N/A Phone: N/A Phone: (317) 684 -5331 Phone: (317) 684 -5304 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property X (c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Duke Weeks Realty LP Owner's address: P.O. Box 40509 Indianapolis, IN 46240 5) Record of Ownership: Deed Book No. /Instrument No.: Split from Duke Realty 2001 -4759 Phone: (317) 808 -6609 Page: N/A Purchase date: February 1, 2001 6) Common address of the property involved: 510 E. 96th Street Legal description: (See attached.) Tax Map Parcel No.: 16- 13- 11- 04 -17- 001.009 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). (See attached.) 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact - Development Standards Variance "). (See attached.) 9) Present zoning of the property (give exact classification): B -6 /US 31 Corridor 10) Size of lot/parcel in question: 8.69 11) Present use of the property: Commercial Office Building 12) Describe the proposed use of the property: Commercial Office Building 2039907v1 acres Page 1 of 8 13) Is the property: Owner occupied Renter occupied Yes 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. Companion ADLS Amend. petition 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? When a lease is executed granting rights to the sign. 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? Duke Realty Limited Partnership 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 understa • ds that docket numbers will not be assi • ned until all su • • ortin • information has been submitted to the Depa ent of C //�� Applicant Signature: E --� Date: D r/ /5, G 11 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. 2039907v1 Page 2 of 8 DESCRIPTION OF REQUESTS FOR PARKWOOD CROSSING BUILDING 5 DESCRIPTION OF REQUESTED DEVELOMENT STANDARDS VARIANCES Petitioner requests the following variances of Development Standards: Chapter 3.07: Chapter 25.07.02- 10(b): Chapter 25.7.02- 10(c): definition of sign area to allow any logo sign area to be measured separately from any non -logo sign area. to allow (i) a maximum of three (3) tenant identification wall signs for Parkwood Crossing Building 5 and (ii) to allow one of the three signs to face east. to allow the requested third tenant identification wall sign on Parkwood Crossing Building 5, which shall face east, to contain a maximum total of 100 square feet of sign area. DESCRIPTION OF REQUESTED ADLS AMEND. Petitioner requests the following ADLS Amend. Approval: to install one new sign on the east elevation of Parkwood Crossing Building 5. CONDITIONS FOR PROPOSED VARIANCE Maximum sign size shall be 100 square feet; Any logo shall not exceed 4 feet in height and shall not exceed 25% of the total sign area; The area of any logo and the area of individual letters may be calculated separately; One line of copy shall not exceed 3 feet in height; Two lines of copy shall not exceed 4 feet in height The sign must consist of individual, internally illuminated letters with day -night plex (black during the day and white at night); and, Black trim caps and returns shall be used. 1835866v3 REASONS SUPPORTING THE REQUESTED DEVELOPMENT STANDARDS VARIANCE Previous wall signs approved for Parkwood Crossing are consistent with the signs existing in other similar developments in the Meridian Corridor and are necessary to be competitive in this market and to allow for reasonable identification of the buildings and the major tenants of the buildings. This variance will allow a third sign for Building 5, which will be similar in size with previously approved variances for signs on Building 5, for other buildings in Parkwood Crossing and for other signs on buildings in similar developments in the corridor. 1494099v1 ADLS /ADLS AMENDMENT APPLICATION (ARCHITECTURAL DESIGN, LIGHTING /LANDSCAPING, and SIGNAGE) ADLS Fee: $903 (plus $120.00 /acre when not accompanied by a Development Plan App.) ADLS AMEND Fees: Sign only: $298, plus $59.50 /sign; Building/Site: $601.00, plus $59.50 /acre (Note: fees are due after the application has received a docket number, and not before.) Date: Docket No. ADLS X ADLS Amend Name of Project: DP Attached Parkwood Crossing Previous DP? Yes No Type of Project: Office Park Project Address: 510 E. 96th Street Project Parcel ID #: 1 6- 1 3- 1 1 -04- 1 7 -00 1 .009 Legal Description: (please use separate sheet and attach) Name of Applicant: Duke Realty Limited Partnership Applicant Address: 600 E. 96th Street, Suite 100 Contact Person: Blaine Paul Phone: (317) 808 -6609 Fax No.: (317) 808 -6797 Email: Blaine.Paul @dukerealty.com Name of Landowner: Duke Weeks Realty LP Phone: (317) 808 -6609 Landowner Address: P. O. Box 40509 Plot Size: 8.69 acres Zoning Classification: B -6 /US 31 Corridor Present Use Of Property: Commerical Office Building Proposed Use of Property: Commercial Office Building 1 New Construction? Yes No X New /Revised Sign? Yes X No Remodeled Construction? Yes No X New Parking? Yes No X New Landscaping? Yes No X No. of Spaces Provided: N/A Type of Building: N/A PARKING No. Spaces Required: N/A DESIGN INFORMATION No. of Buildings: N/A Square Footage: N/A Height: N/A No. of Stories: N/A Exterior Materials: N/A Colors: N/A Maximum No. of Tenants: N/A Type of Uses: N/A Water by: N/A Sewer by: N/A LIGHTING Type of Fixture: N/A Height of Fixture: N/A No. of Fixtures: N/A Additional Lighting: N/A * Plans to be submitted showing Foot - candle spreads at property lines, per the ordinance. LANDSCAPING * Engineered Plans to be submitted showing plant types, sizes, and locations SIGNAGE No. of Signs: 1 Type of Signs: Wall Location(s): East facade of Building 5 Dimensions of each sign: Variable Square Footage of each sign: 100 sq. ft. max.; logo - 25% max. Total Height of each sign: 4 ft. max - 2 lines; 3 ft. max - 1 line; and 4 ft. max - logo * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2 AFFIDAVIT I the undersigned, to the best of my knowledge and belief, submit the above information as true and correct. Signature of Applicant: -reui 5. GE.AUkwz (Print) Title: Zoning Consultant Date: 12/13/11 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * STATE OF INDIANA ) SS: !/t COUNTY OF MARION Before me the undersigned, a Notary Public in and for said County and State, personalV> ` \ appeared Steven B. Granner and acknowledged the execution of the foregoing instrument this day of December, 2011. MICHAEL A. LANG Notary Public - Seal -grg State of Indiana u.1v Commission Expires March 19, 2015 My Commission Expires: My County of Residence: C (A 3 Notary Public Printed W. 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U,rr,I M1 I�I I1 I d4..I 7r'„a n I r!.'..1_�°5 1 h ° l' ., w`nr 4l s r a l ,u�, ,.z I •r-a oY fi , '^- dII . 7 1, ,r �r ur r V ' ,,111111 in - � W Y�n� - a -..7,,, I\ r swl I I� - m 1 �� AI Ll'-Ja I� � r Qkl r9 I r 1 II �I� UT :4 � 1Fh o In'+ VI.-w F -,_ hd 1a �I . -I rw 1 I 6e ��,I 1 I q— yi A �e�u r �1u4c - 1' 11 N Pu� iY IV Va '''',I1141,5:-...',14, F,�r'St,s I ti"II r ti A Y �a L'-11, & r - II �`� _ a» " /4.1 � ¢ , w I. ,o� ,... ,�? a! ,h I CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 11120023 V Petitioner: Duke Realty Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the 1 -465 frontage provides for greater visibility for wall signs and the number and size of wall signs approved for this building will be consistent with other buildings in the area. 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 sign will be consistent with other signs existing in the U.S. 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 third sign will be consistent with the number and size of signs approved for other buildings in the area. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. 11120023 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 24th day of January, 2012. CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals 2039907v1 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 8 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 11120024 V Petitioner: Duke Realty Limited Partnership FINDINGS OF FACT,- DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the 1 -465 frontage provides for greater visibility for wall signs and the number and size of wall signs approved for this building will be consistent with other buildings in the area. 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 sign will be consistent with other signs existing in the U.S. 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 third sign will be consistent with the number and size of signs approved for other buildings in the area. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. 11120024 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 24th day of January, 2012. CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals 2039907v1 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8of8 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 11120025 V Petitioner: Duke Realty Limited Partnership FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the 1 -465 frontage provides for greater visibility for wall signs and the number and size of wall signs approved for this building will be consistent with other buildings in the area. 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 sign will be consistent with other signs existing in the U.S. 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 third sign will be consistent with the number and size of signs approved for other buildings in the area. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No. 11120025 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 24th day of January, 2012. 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). 2039907v1 Page 8 of 8 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS Docket No.: 11120023 V Carmel, Indiana Petitioner: Duke Realty Limited Partnership 1, 2. 3. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS 24th DAY OF JANUARY, 2012. 2039907v1 Board Member Page 7 of 8 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS Docket No.: 11120024 V Carmel, Indiana Petitioner: Duke Realty Limited Partnership 1, 2. 3. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS 24th DAY OF JANUARY, 2012. 2039907v1 Board Member Page 7 of 8 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS Docket No.: 11120025 V Carmel, Indiana Petitioner: Duke Realty Limited Partnership 1, 2. 3. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS 24th DAY OF JANUARY, 2012. 2039907v1 Board Member Page 7of8