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HomeMy WebLinkAboutPacket u o D U D U D o U D D U U D D o o Paul G. Reis, Esq. U BOSE McKINNEY &EVANSLLP o ATTORNEYS AT LAVII Carmel Board of Zoning Appeals November 26,2007 INFORMATION BOOKLET Docket Nos. 07100019V 07100020V 07100021V 07100022V 07100023V CORNER SHOPPING CENTER Development Standards Variance Requests Additional Ground Signs 11588 Rangeline Road Corner Associates, L.P. r---,----------~- ---1 i J I i - K..... I . REALTY GRO.(JP . 'I I J l;;.?::r;;:--. Ii"",,",~,_..""./' -, NO.. - J):J(,~; D D U c~ 1 U u o o 1. 2. 3. 4. [] o D D U J U U o o o u I I A... i .c.rlE.: I l_~_~ REALTYC;~~ CORNER SHOPPING CENTER Carmel Board of Zoning Appeals Approval of Development Standards Variances Docket Nos. 07100019V to 07100237V INFORMA TION BOOKLET TABLE OF CONTENTS Findings of Fact Ballot Sheets - Development Standards Variances Findings of Fact - Development Standards V'ariances Description of Requests and Statement in Support Location Map - Area and Sign Location Photo 5. Site Plan 6. Ground Sign Elevations and Specifications 1027285_1 jcgo~!.: \lid'.:\,,'-:) !{ U'\I\~ III' D U lJ U D o o u u CARMELlCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No: Petitioner: 0710001 9V - Ground Siqn in Carmel Dr./Ranqeline Rd. Overlav Zone Kite Realtv Group FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. (-l I I U U U U o U D U U U 3. DATED THIS DA Y OF 2007. Board Member 1027150_1.DOC r-l U o U o D U U U U U U U U D U o r 1 LJ CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 07100020V - Additional siqns for tenants Kite Realtv Group Petitioner: FINDI.NGS OF FACT -DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3_ DATED THIS DAY OF 2007. Board Mem ber u u 1027150_1 DOC u o D U D o D U o U U o o D L1 o U D o CARMELlCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 07100021V - Alllenants in Center not shown on qround siqn Kite Realtv Group FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS DAY OF 2007. Board Member 1027150_1.DOC D U J U o CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 07100022V -Heiqht of qround siqns Kite Realty Group Petitioner: FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1 . ,~ U U D U f' u 2. '1 U D U U D o o U J 3. DATED THIS DAY OF 2007. Board Member 1027150_1.DOC u o u u o u U J U CARMEL/CLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: 071 00023V - Siqn located in Thorouqhfare Plan Riqht-of-Wav Kite Realty Group FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. 2. u o 3. LJ J J U DATED TH IS DAY OF 2007. ~ -, . I U J o u Board Member 1027150_1.DOC o o u o u U D r'- U [J D [J U D D U U o U [J CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100019 V (Ground Signage in Carmel Drive - Rangeline Road Overlay) Petitioner: Corner Associates, LP. 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 new ground signs will identify the tenants within this retail center to the public traveling on 116th Street and Rangeline Road. 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 new ground signs will enhance the appearance and value of this retail center without impact or effect upon the use or value of the adjacent area. 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: This retail center is "grandfathered" under the Carmel Drive-Rangeline Road Overlay Zoning Ordinance. Ground signage, prohibited now within the Overlay Zone, is critical to the success of this center where the stores are not directly adjacent to the streets for visibility to prospective customers. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100019 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 day of ,2007. 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) 1027539_1.DOC r , u ----, J u U D U U U J J J J J J J J (~, u LJ u CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100020 V (Num ber signs per tenant) Petitioner: Corner Associates, L.P. 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 new ground signs will provide critical identification of the tenants located in this retail center. 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 additional signage will enhance business for the tenants and thereby enhance the value of this property without any negative impact on the adjacent properties in the area. 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: The stores are not located adjacent to the streets and without the additional signs as a part of the new ground signs, the tenants are struggling to have adequate identification for the success of their businesses. This center is adjacent to 2 major streets which each require signage for tenant identification to the prospective customers traveling on those streets. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100020 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 day of ,2007. 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) 1027539_1 DOC u o o ~I U u o u , ' u I I U u u o u U D D D o u CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100021 V (Ground Identification Sign without all tenants) Petitioner: Corner Associates, L.P. 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 size of the proposed sign has been reduced to comply with the size requirements for otherwise permitted ground signs and the omission of certain tenants from the signs will not cause any injury to the public health, safety, morals or general welfare of the community. 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 size of the signs has been designed to complement the property and to enhance the appearance and value of the property without impact or effect on the surrounding area. 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: The size of the signs has .been designed to enhance the property and to comply with the size of the sign area permitted for ground signs under the Zoning Ordinance; however, the size will not allow for all tenants to be listed and to maintain proper size for identification purposes, including readability and visibility. DECISION IT IS THEREFORE the decision of th.e Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100021 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 day of .2007. 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). 1027539_1.DOC , I U U. , , o o D D D (I U u o D o u o o [J r ! U i' U u CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100022 V (Height of Ground Identification Signs) Petitioner: Corner Associates, L.P. 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 actual height of the signs when measured at the grade elevation of the streets will be within the 6 foot height limitation. 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 signs will be level with the street grade elevation and the additional height from the parking lot grade elevation will not affect the use or value of the adjacent property. 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: The signs cannot be constructed on the site within the 6 foot height limitation because of the grade change from the street to the parking lot. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No 07100022 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 day of ,2007. 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) 1027539_1.DOC ~ 1 :, ) LJ o u o o u o D D o ';I U o o o o n U o , 1 lJ ;1 u CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 07100023 V (Location of Ground Identification Sign in ROW) Petitioner: Corner Associates, L.P. 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: 116th Street has been recently widened and im proved and the location of the sign is five feet from the existing improved right of way and therefore will not impact 116th Street or travel thereon. 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 location of sign will enhance the property without effect upon the use or value of the adjacent properties or area. 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: Location of the proposed sign five feet from the right of way shown on the Thoroughfare Plans would place the sign in Cin existing drive aisle or parking area creating a severe difficulty for patrons using the center and a safety hazard. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 07100023 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. Adapted this day of ,2007. 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). 1027539_1 ,DOC u o o o o D .../1. Me..... R~A.tTY G/?olf~ CORNER SHOPPING CENTER Carmel Board of Zoning Appeals Approval of Development Standards Variances Docket Nos. 071 000 19V to 071 00237V Description of Req nests and Statement in Support Kite Realty Group ("Kite") is seeking several development standards variances to erect two new ground signs at the rctail center located at the southwest corner of 116lh Street and Rangeline Road, commonly known as The Corner Shopping Center. Please see the area photo under TAB 4. o In latc 2004, the Carmel Drive/Rangeline Road Overlay Zoning Ordinance ("Overlay Ordinance") was adopted which prohibited new grOlmd signs. The Corner had one ground sign at the time of enactment of the Overlay Ordinance which is legally "grandfathcred." However, as a part of the overall refurbishing and updating of the retail center, Kite is proposing to erect two new ground signs adjacent to 116lh Street and Rangeline Road to identify nine of the tenants to prospective customers. lJ o o o u u U D U D o U In order to erect these new ground signs, Kite must obtain certain development standards variances from the Carmel Zoning Ordinance (the "Ordinance"): II a variance to aHow for 2 new ground signs in the Carmel Drive/Rangeline Overlay Zone; e a variance to allow the 9 tenants to have additional signage on the 2 ground signs; II a variance to allow the ground signs to display less than all of the tcnants; II a variance to allow for additional height to compensate for the change in grade elevation between the street and the sign base within the site; and 13 a variance to allow the ground sign adjacent to 116lb Street to located within the proposed right-of-way shown on the Thoroughfare Plan. As stated above, this retail center was in existence at the time of the adoption of the Overlay Ordinance and was not developed according to the current development standards that require that the stores be brought up to the right-of-way of the streets; eliminating the need for ground signage. The stores are set back otlthe road and visibility from the street is hampered by two factors: the sight line distance from the street and the change in elevation from the street grade down to grade of the storefronts. Please see the sign location photo under TAB 4. The vacancy and vitality of this center has been greatly affected by the lack of adequate tenant identification. These two new signs will greatly enhance tenant identification and the future success of the tenants. The location of The Corner at the intersection of two major streets provides a unique opportunity to reach prospective customers. Therefore, Kite is proposing to have a ground sign adjacent to both streets to take advantage of this opportunity. Those tenants that are displayed on i q;:, I"G. 'kh.u,\:'~I';\ ,"{, ,.\ \ \" II;' . i)^ - - _. o o D lJ U Carmel Board of Zoning Appeals August 27, 2007 The Corner Shopping Center Description of Variance Requests and Statement of Support Page 2 the ground signs will have more signage than is allowed under the Ordinance for this type of development. However, for the success of those tenants it is critical to have this additional slgnage. ,( i I I I U The signs have been designed to conform to development standards for ground signs tmder the Ordinance and to be consistent with the scale of the retail center. Please see the ground sign elevations and specifications under TAB 6. In order to maintain appropriate readability and visibility within the dimensions of the proposed signs, Kite has elected to limit the number of tenants with identification to 9, rather than identifying all of the tenants as required by the Ordinance. The height of the sign is measured from the elevation at the base to the top of the sign. Due to the change in grade elevation from the street to the sign base (1 foot, 6 inches along Rangeline Road and 1 foot, 8 inches along 116lh Street), the height of the sign exceeds the 6 feet maximum height. If the proposed signs were located on level ground, the overall height would only be 5 feet. o D D o U o D o o u o u The final variance deaLs with the location of the proposed ground sign within the proposed right-of-way of 1 16th Street as shown on the Thoroughfare PLan. The 116lh Street upgrade project has been completed;. however, the current Thoroughfare Plan calls for a seventy foot half right-of-way. Kite is proposing to locate one of the proposed ground signs 5 feet from the current improved right-of-way but within the proposed seventy foot half right-of-way. PLacement of the sign outside of the future right-of-way wouLd require location of the sign in the middle of a drive aisle. Please see the site plan under TAB 5. The proposed location will not in any way interfere with the safe travel oftraftic along 116th Street. Respectfully submitted, Paul G. Reis Bose McKinney & Evans LLP Attorneys for Kite Realty Group _jl~~:~ ?-i~',.'~::i":{.~1~1:\;1:~ ~':' :-:..~ ~.I\-"; Ill' r ) U I,';','" 'iJI1 .":k ..' ifi' .' . ~.f' ",:..,.-' - -i ,;J.-~ .:.:;;~. 41 """~".i""""~,,,,"".."""4;~~--'~,~~~:,, :'~;I. ~',(;, ~'!=1~~.., ~~-~. t. .:.~1:5;~-" ."l''''~..[~-'~ "'-~."-~. ....," ?~:.--.. ~. THECORNER 'fiD Sf \1111 Slll'" r,,\ P,HlI' , """ '" ~ r .t ~ " ,. I I , ,~ (- . THE CORNER 1" > J. ~ 11600 WESTFIELD BLVD"r . . ~~.' ~ 46032 I it I ~.~. - I ~'"., - .. ~- .~. ~ SIGN LOCATION EXHIBIT TNt: ~nRNI;R EXHIBIT PREPARED FOR: ..... ',M'H,\T ~ C$ '== ~ -~ EXHIBIT PREPARED BY: - .. .. .. W .....I (j) <( w > n::: o CENTERLINE E. 116TH STREET - - EXISTING R ...... 5' SETBACK DI . n lr<l "" n a III _]I{ .. ... . . .. ~~~~~%~~~CE TO PROPOSED 70' HALF R/W SIGN I ,! I i\;; I I (i: ~ - U ~ <( . COI : (9 I- Z W I- (f) if) LoI . GJ II II I · II II I PAVEMENT TO BE REMOVED PARKING SPACE TO BE REMOVED r \.. EXHIBIT PREPARED BY; E:M:H~T I I ;;; " 'i' .... o Evans. MechWOrt. Hambleton to. Tilton. Inc. ~ Engtneers.. $u/'ll'ey0r5 . Planncfs . Scientists ~~1~.~~=,~N46250 ~ Phooe:317.913~ F'odt7.913.6958 . ~1.CUrl"lnml.Indi.anaDOh.Ch8rtJt1~ e M C M. X X V In.. PARKING SPACE TO BE REMOVED 116TH STREET SIGN DETAIL SIGN LOCATION EXHIBIT THE CORNER 11600 WESTFIELD BOULEVARD CARMEL, INDIANA 46032 I I Q c:c o ~ ~I - ... W C) Z ~I w Z .....I n::: W I- Z W U I RANGELlNE ROAD SIGN DETAIL EXHIBIT PREPARED FOR; SCALE: ~ 1"-20' .,,~ Date: .... . __ 03-09-07 REAL TY GROUP H ET o. 3D .. MlRlDIAIt $TREET SUiTE '100 E X-1 INDIANAPOLIS. IN "6Z04 317.57T..s6oa FAX 317-5.77.o5GO$ A ,I ~ [I Slgnj]By jDesign 4725 W. 106th 8t. Zionsville, IN 46077 EMAIL: sbd@asignbydesign.com PHONE: 317-876-7900 FAX: 317-802-5670 Specifications: 1. Fabricate and installl) O/F illuminated cabinet sign. Lite with Flourescent Bulbs. 2. Colors are to be American Tradition (Copper Melon) 3. Sizes are as shown. 4.Tenant Panel Faces to be routed with (White Plex behind) and painted Dark Bronze/Black. 5. Made with .063 Aluminum. 6. We will connect power if within S~ 7. Decorative Brick Base By Others. 'I I. - - --... ~'& ~ 'J ~ f . 12' 1 9'3" 01 - u II - a.5" & 7" Copy n · lr[}=O~ ~(Q]~~~[Rd. 1.5"~. 1_ ~ KITE REALTY Gttoop -, = i SEATTLE SUTTON SHOE REPAIR HANCOCK FABRICS MANGIA TRAVEL AGENCY CLlENTNAME Kite SAlES REP Gail FilE NAME Corner T ena ntRendS.pdf DRAWN BY AA DA(hI12/07 lPRODUCTTE~JANT PANEL4.fs DISK. lOCATION July-06 I I! I I I ~ ! I 'I I 1 I 1 I I I. : = ~ 4fiin ~ x DATE -, -- --~- ~ SignJBy -!Design 4725 W. 106th 8t. Zionsville, IN 46077 EMAIL: sbd@asignbydesign.com PHONE: 317-876-7900 FAX: 317-802-5670 Specifications: 1. Fabricate and install 1) D/F illuminated cabinet sign. Lite with Flourescent Bulbs. 2. Colors are to be American Tradition (Copper Melon) 3. Sizes are as shown. 4. Tenant Panel Faces to be routed with (White Plex behind) and painted Dark Bronze/Black. 5. Made with .063 Aluminum. 6. We will connect power if within 5: 7. Decorative Brick Base By Others. It I. -, " ~ fil .. -,;it 9'3" 1 II II - 8.5" & 7" Copy IJ U[]={]~ ~(Q)~~~~ 1.5.~ ->_ ~ K....E REAL T1" CUlOV' ...., I I I r \ I , 1 . ' " " I I I i I ' i I I I = i SEATTLE SUTTON = ~ 4..Ji in SHOE REPAIR HANCOCK FABRICS MANGIA TRAVEL AGENCY CLIENT NAME Kite SALES REP Gail FILE NAME DRAWN BY AA CornerT ena ntRend4A.pdf DATE 'PRODUCTTENEANT PANEL4.fs DISK' 02/07/07 LOCATION J u ly-06 ~ x DATE