HomeMy WebLinkAboutApplicationCITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENT STANDARDS VARIANCE REQUEST
FEE: Single Family (Primary Residence) $275.00 for the first variance, plus $85.00 for each additional
section of the ordinance being varied.
All Other $1,090.00 for the first variance, plus $515.00 for each additional section of the
ordinance being varied OR see Hearing Officer Fees
DOCKET NO. DATE RECEIVED:
1) Applicant: KFC U.S. Properties, Inc.
Address: 439 Herrington Haven, Lancaster, KY 40444
2) Project Name: KFC /Taco Bell
Engineer /Architect: GPD Group
Attorney: Nelson Frankenberger
Contact Person: Charles Frankenberger
Email: Charlienf-law.com
Phone: (859) 792 -8598
Phone: (330) 572 -2100
Phone: (317) 844 -0106
Phone: (317) 844 -0106
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
(c) Other The applicant is under contract to purchase the property.
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Ukan HLC I, LLC
Owner's address: 5511 East 82 Street, Indianapolis,IN 46250 Phone: 317 570 -7475
5) Record of Ownership:
Deed Book No. /Instrument No.: 200100013187
Page: N/A Purchase date: March 16, 2001
6) Common address of the property involved: 10575 N. Michigan Road, Carmel, IN 46032
Legal description: See attached legal (Exhibit A)
Tax Map Parcel No.: 17- 13- 07- 00 -12- 001.001
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 Exhibit B
Page 1 of 11- z: \shared\forms\BZA applications\ Development Standards Variance Application rev. 01/03/2006
8) State reasons supporting the Development Standards Variance: (Additionally, complete the
attached question sheet entitled "Findings of Fact- Development Standards Variance
The variance will allow a more attractive redevelopment of the Real Estate with greater
landscaping, and signage and parking consistent with other uses in the vicinity.
9) Present zoning of the property (give exact classification): B -3, U.S. 421 Michigan Road Corridor
Overlay Zone
10) Size of lot/parcel in question: 1.20 +1- acres
11) Present use of the property: Vacant Ritter's Ice Cream
12) Describe the proposed use of the property: KFC /Taco Bell Restaurant with drive thru
13) Is the property: Owner occupied
Renter occupied
Other Vacant Ritter's Ice Cream
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.
Only those, if any, given in connection with prior approvals of the now vacant Ritter's Ice Cream.
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?
Approximately November 2008
17) If the proposed variance is granted, who will operate and /or use the proposed improvement for
which this application has been filed?
KFC U.S. Properties, Inc. will operate the store
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. AGAIN, THIS
TASK MUST BE COMPLETED AT LEAST TWENTY -FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to
the Department of Community Services.
Page 2 Of 11- z: \shared\forms \BZA applications\ Development Standards Variance Application rev. 01/03/2006
OWNER
ADJACENT PROPERTY OWNERS LIST
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.
Auditor of Hamilton County, Indiana, certify that the attached
(Please Print)
affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described
herewith.
Auditor of Hamilton County, Indiana Signature Date
ADDRESS
EXAMPLE ONLY:
Formal list request sheet official list
may be acquired from the Hamilton
County Auditor's Office (776- 8401).
Page 3 of 11- z:\shared \forms \BZA applications Development Standards Variance Application rev. 01/03/2006
I hereby swear that KFC U.S. Properties, Inc. is the 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.
(SEAL)
STATE OF
KFC U� S. Properties, Inc.
By
Date
SS:
AFFIDAVIT
�I/l dt}kh(�Y Vt
a
A ter r'¢\) Iv\ r ia
County of Before me the undersigned, a Notary Public
(C u ty in which notarization takes place)
for County, State of appeared
(Notary Pu icf�I ounty of residence)
t the `Yigoc vt,u. of KFC U.S. Properties, Inc. and
acknowledge the execution of the foregoing instrument for and on behalf of KFC U.S. Properties, Inc. this
day of f 7Illfit, 20 fl 8
Notary Public Signature
At( cg, 41 A. y
Notary Public Please Print
My commission expires:
Page 4 of 11- z: \shared\forms \BZA applications Development Standards Variance Application rev. 01/03/2006
All interested persons desiring to present their views on the above application, either in writing or verbally,
will be given an opportunity to be heard at the above mentioned time and place.
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL ADVISORY BOARD OF ZONING APPEALS
Docket No.
Notice is hereby given that the Carmel Board of Zoning Appeals meeting on the day
of 20 at pm in the City Hall Council Chambers, 1 Civic Square,
Carmel, Indiana 46032 will hold a Public Hearing upon a Development Standards Variance application to:
(explain your request- -see question numbered seven (7))
property being known as
The application is identified as Docket No.
The real estate affected by said application is described as follows:
(Insert Legal Description)
PETITIONERS
Page 5 of 11- z: \shared \forms \BZA applications\ Development Standards Variance Application rev. 01/03/2006
PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEL ADVISORY BOARD OF ZONING APPEALS
I (WE) DO HEREBY CERTIFY THAT NOTICE OF
(petitioner's Name)
PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS CONSIDERING Docket Number
was registered and mailed at least twenty -five (25)* days prior to the date of the public
hearing to the below listed adjacent property owners:
(SEAL)
STATE OF INDIANA.
OWNER ADDRESS
SS:
The undersigned, having been duly sworn upon oath says that the information is true and correct
and he is informed and believes.
Signature of Petitioner
County of Before me the undersigned, a Notary Public
(County in which notarization takes place)
for County, State of Indiana, personally appeared
(Notary Public's county of residence)
and acknowledged the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
day of 20
Notary Public Signature
Notary Public Please Print
My commission expires:
*10 days notice for a BZA Hearing Officer Meeting
Page 6 of 1 1- z: \shared\forms \BZA applications\ Development Standards Variance Application rev. 01/03/2006
2.
3.
DATED THIS
CARMEL ADVISORY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Petitioner:
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet)
DAY OF 20
Board Member
Page 7 of 11-- z: \sharedlforms \BZA applications Development Standards Variance Application rev. 01/03/2006
Docket No.:
Petitioner:
CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
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 variance will allow a more attractive redevelopment of the Real Estate, with greater
landscaping, and signaqe and parking consistent with other uses in the vicinity.
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 variance will allow a more attractive redevelopment of the Real Estate, with greater
landscaping, and signaqe and parking consistent with other uses in the vicinity.
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 proposed redevelopment is an improvement of the existing, vacant Ritter's Ice Cream and,
without the variances, the proposed redevelopment cannot occur.
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards
Variance Docket No. 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 20
CHAIRPERSON, Carmel Board of Zoning Appeals
SECRETARY, Carmel Board of Zoning Appeals
DECISION
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 8 of 11 z: \shared \forms \BZA applications\ Development Standards Variance Application rev. 01/03/2006
H:\Becky\Zoning At Real Estate Matt ers \Ynm Brands 's ',Application Zoning Appeils Anion Development Stand:nds Variance Ropiest doe
EXHIBIT "A"
LOT NUMBER THREE (3) IN BLOCK A, WEST CARMEL CENTER REPLAT, AN
ADDITION IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF RECORDED
AS INSTRUMENT #200200009392, IN THE OFFICE OF THE RECORDER OF HAMILTON
COUNTY, INDIANA.
Property Address: 10575 Michigan Road, Carmel, IN 46032
Page 9 of 11- z: \shared \forms \BZA applications\ Development Standards Variance Application rev 01/03/2006
1. Parking variances are as follows:
EXHIBIT B
A. Per section 27.08 of Carmel's Zoning Ordinance (the "Zoning
Ordinance a restaurant, with walk -up /drive through food sales, is
required to have 1 parking space per 50 square feet. Per this section, we
would be required to have approximately 59 parking spaces. Out site
plan provides for 36 parking spaces.
B. Per Section 23 C.11 G of the Zoning Ordinance, a restaurant drive
through is required to have a minimum number of 10 spaces for
stacking, measured from the pick -up window. Our site plan provides 8
spaces for stacking.
2. Landscape Variances are as follows:
A. Regarding foundation plantings, Section 23 C.10.02 of the Zoning
Ordinance requires a minimum planting area, on all sides of the
building, to be a minimum of 5 feet in width; provided, however, that a
planting strip, adjoining a parking area located in the front yard
adjoining U.S. 421, must be 10 feet in width. We are requesting
variances to allow (i) 5 feet along the north and south facades, 5 feet
(versus 10 feet) along the west facade, and no foundation plantings
along the east facade adjacent to the drive through.
B. Per section 23 C.08.03 (B) of the Zoning Ordinance, the northern buffer
of the site, between the site and business zone or development to the
north, is required to be 15 feet, and our site plan provides for 7 feet.
C. Per section 23 C.10.03 of the Zoning Ordinance, a 6 foot wide planting
along the perimeter of the parking lot is required and, per our site plan,
this planting area tapers to less than 6 feet along the east.
3. Sign Variances Carmel's Sign Ordinance permits either a wall sign or a
monument sign, and one menu board. We are proposing two wall signs on the
southern facade, two wall signs on the western facade, a menu board, and a
preview board in addition to the menu board. The variances required will include
the following:
A. A variance from Section 25.07.02 08(a) of the Zoning Ordinance to
allow a monument sign in addition to wall signs.
B. A variance from Section 25.07.02 08(b) of the Zoning Ordinance
regarding the number of signs, to allow four wall signs, instead of one
wall sign.
Page 10 of 1 1 -z: \shared \forms \BZA applications\ Development Standards Variance Application rev, 01103/2006
BE IT KNOWN TO ALL MEN BY THESE PRESENTS, that Matthew Preston, Vice President
and General Counsel of each corporation set forth below (each "Company" and collectively, the
"Companies does hereby make, constitute and appoint Matthew Bisignano, Senior Portfolio
Manager, as the lawful attorney -in -fact of the Companies to negotiate, sign and deliver all such
documents and instruments, and to take all such steps or actions, as may be necessary or
appropriate to effect portfolio and property management real estate transactions to be entered
into by each, or any, of the Companies in the normal course, including without limitation deeds,
conveyances, leases, subleases, purchase contracts, sale contracts, easments, attornment and
subordination agreements, nondistrubance agreements and estoppel certificates.
IN W duly Y WITNESS WHEREOF, this Power of Attorney was dul executed this da of
January, 2008.
ATTEST
By:
(corp seal)
(corp seal)
This Power of Attorney shall be valid until December 31, 2008.
POWER OF ATTORNEY
KFC Corporation, a Delaware corporation
KFC U.S. Properties, Inc., a Delaware corporation
,st,qte,o42
ttha s Secretary
Matthew Preston, Vice President and General Counsel
STATE OF KENTUCKY
ss:
COUNTY OF JEFFERSON
1, •Kro. -GQ, per-, a Notary Public of the aforesaid jurisdiction, certify that
(1►u., Q, re -1 personally came before me this day and acknowledged that she is
Assistant Secretary of KFC Corporation, a Delaware corporation and KFC U.S. Properties, Inc.,
a Delaware corporation and that by authority duly given and as the act of the said corporations,
the foregoing instrument was signed in its name by its Vice President, sealed with its corporate
seals, and attested by herself as its Assistant Secretary.
Witness my hand and official stamp or seal, this day of January, 2008.
My commission expires:
0 i
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Notary Public
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MENU BOARD
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BRICK ROWLOCK CAP TO
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SIGN = 16 SQ. FT,
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DESIGN PARAMETERS:
Structural adequacy shall be the manufacturer's
responsibility using the following criteria:
110 mph wind speed 3-second gust-Exposure C.
Altachement may vary based on wall conditions
Compliant with national building codes and standards
(IBC, UBC, BOCA, AISC, ASCE 7. ACI &Aluminum Design Manual)
Refer to written documentation for material specification
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TYP. SECTION
a"h' 3IB'TIiRU-BOL T WI PIPE
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KFC.BW5L. SMALL BUCKET WALL SIGN LEFT
Extruded aluminum frame, 8" deep with 2' retainer.
Aluminum painted fillers
.125 Pan formed 5G polycarbonate with retention strips
. Hingeable access
Approximate weight: 100 Ibs.
Electrical:
Lamps;
(1) F64T12HOID
(2) F60T12HOID
(4) F4BT12HOID
(1) EESB-832-16L (1.7 amps)
(1) EESB-424.13L (1.1 amps)
2.8 ampsl120 volts
(1) 20 amp circuits 60 HZ.UL 48 & NEC compliant
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EXTRUDED ALUM
CABINET.
DRAIN HOLES REO'D
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3/B" THRU-BOL T WI PIPE
SPACER (4 REO'D)
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TYP. ATTACHMENT DETAIL
EXTERIOR
WALL FINISH
318' THRU-BOLT WI PIPE
SPACER (4 REO'D)
Amp Load:
Circuils:
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TOTAL LOAD: 2.8 amps. (1) 20 amp circuits 60 HZ
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WALL STUD
STL. ANGLE
2x2x3/16
(SPANNINGA MIN.
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GRAPHIC & COLOR SPECIFICATIONS:
COLOR PMS 3M
o KFC Rich Red 187 3630-53
f) KFC Bright Red 3630-2658
@ KFC Medium Warm Beige 727 CV 3630-0647
o KFC Rich Black Black 3630-22
@ White White 3630-20
@ DuPont Camaro Silver Paint H0208002870
G Semi-Gloss Black Paint
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DESIGN PARAMETERS:
. 110 mph wind speed 3-second gust-Exposure C.
. Attachment may vary based on wall conditions.
. Compliant with national building codes and standards
(IBC, UBC, BOCA, AISC, ASCE 7. ACI & Aluminum Design Manual)
. Refer to written documentation for material specification details
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ISPANNING A MIN.
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lB-s84 - SWINGING BELL LOGO
. .187 pan formed SG polycarbonate back
. .125 pan formed and embossed SG polycarbonate tace
. Approximate weight: 60 Ibs
Electrical:
Lamps:
Ballast.
Amp Load:
Circuits:
(21 F48T12HO/DSGN50 & (3) F36T12HO/DSGN50
(115 Lamp electronic ballast (17 amps each)
1.7 amps/120 volts
(1120 amp ClrclIlts 60 HZ - UL 48 & NEe compliant
TYPICAL LOGO MDUNTING DETAIL
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TOTAL LOAD: 1.7 amps. (1) 20 amp circuils 60 HZ
Wh.n Ih. E.I.F.S.lInish I. utilized oolho building, clearance buthlng. mUtl be
incorproalad In Iha Installation ollhe signag.'awning.. Bu.hing. shall bo
installed alter Ihe E.I.F.S. hat hardanad. Drill a hole sllghlly largar Ihan Ih.
bushing diamolar. through Ihe E.I.F.S, only. .Iopping ollho plywood. Caulh Ihe
apanlng prior 10 Insorllng Iho bUthlng In sIBI panatralion.
GRAPHIC 81 COLOR SPECIFICATIONS:
COLOR PMS 3M
Yellow 109 VQ-4077
Purple Violet VQ-4153
Magenta Process Magenta VQ-4154
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IIBC. UBC, BOCA. AISC, ASCE 7. ACI & Aluminum Design Manual)
. Refer to written documentation for material specifications.
13 BARS ON 12'
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ANCHOR BOLTS
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NOTE:
SLAB IS 2'.6"T1I1CK
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. Sufficiently ventilated to prevent condensation
Electrical:
Lamps:
Ballast:
Amp Load:
Circuits:
FRONT ELEVATION
(4) F60f12HO/CW
(1) 4 Lamp electronic ballast
22 amps/120 volts (does not include speaker electrical)
(1) 20 amp circuits 60 HZ - UL 48 & NEC compliant
TOTAL LOAD: 22 amps -m 20 amp circuits 60 HZ
GRAPHIC & COLOR SPECIFICATIONS:
COLOR: MODEL
Black KL, KT &TL
Metallic Silver/Gray KA & LA
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IIBC, UBC, BOCA, AISC. ASCE 7. ACI &Aluminum Design Manual)
. Refer to written documentation for malerial specifications.
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YUM.MBS-4 - MENUBOARD 4 PANEL Sq. Ft.: 47.3
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Electrical:
Lamps:
Ballast:
Amp Load:
Circuits:
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121 4 Lamp electronic ballast
3.4 amps/120 volts
(1) 20 amp circuits 60 HZ - UL 48 & NEC compliant
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GRAPHIC & COLOR SPECIFICATIONS;
COLOR: MODEL
Black KL, KT & TL
Metallic Silver/Gray KA
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