HomeMy WebLinkAboutPacket
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McKINNEY
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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.
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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
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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.
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DATED THIS
DA Y OF
2007.
Board Member
1027150_1.DOC
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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
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1027150_1 DOC
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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
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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)
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DATED THIS
DAY OF
2007.
Board Member
1027150_1.DOC
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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.
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DATED TH IS
DAY OF
2007.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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