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HomeMy WebLinkAboutApplication i Page 1 of 2 Boone, Rachel M. From: Boone, Rachel M. Sent: Monday, September 13, 2010 9:31 AM To: Blanchard, Jim E; Conn, Angelina V; Donahue -Wold, Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Littlejohn, David W; Martin, Candy; Mindham, Daren; Stewart, Lisa; Tingley, Connie S Cc: 'Jon Dobosiewicz' Subject: Docket No. Assignment: Legacy Towns Flats Signage #10090002 -3 V) Attachments: BZA Public Notice Sign Procedure.pdf I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) Legacy Towns Flats Signage. They will be the following: Docket Nos. 10090002 3 V $0.00 Fees have been waived. Total Fee: $0.00 (V) Legacy Towns Flats Signage The applicant seeks the following development standards variance approvals: Docket No. 10090002V Ch. 25.07.03 -02 e) Sign located in street Right -of -Way Docket No. 10090003V Ch. 25.07.03 -02 h) Illuminated temporary sign The site is located at the intersection of Community Drive and E 146th St. in the Legacy development. It is zoned PUD. Filed by Jon Dobosiewicz on behalf of The J.C. Hart Company. Petitioner, please note the following: 1. This Item will not be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Friday, September 17. Published notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached PDF). 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, September 24. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 47 The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON, Friday, September 17. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the October 25, 2010 agenda of the BZA. 5. This Item will appear on the September 27, 2010 agenda of the Board of Zoning Appeals Hearing Officer under Public Hearings. 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, it will be tabled to the October 25, 2010 meeting. 8.- PETITIONER: refer to your instruction sheet for more details. Mr. Dobosiewicz can be contacted at 317 844 -0106. Department's Review Comments: petitioner, please complete the following: 1. Make sure the public notice meeting time to the newspaper and neighbors reads 5:30 PM. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317- 444 -7163 or email: publicnotices @indystar.com). 2. Please make checks payable to the City of Carmel. 3. Please provide filled out and notarized placement of public notice sign affidavit. 9/13/2010 Page 2 of 2 4. Please provide proof of notice from the Indy Star. 5. Please provide green signed return receipts. Thank you. Ra Che..L 3ao Sign Reviewer City of Carmel Department of Community Services 3rd Floor One Civic Square Carmel, IN 46032 317.571.2417 317.571.2426 fax http: /www.ci.carmel.in.us /services /communityservice.html Please consider the environment before printing this e -mail 9/13/2010 Boone, Rachel M. From: Conn, Angelina V Sent: Friday, June 25, 2010 11:21 AM To: 'Todd May' Cc: 'john ©homeisJCHart.com; Boone, Rachel M. Subject: FW: Legacy sign issue Good morning, Todd below a follow -up email from Rachel, regarding what she discussed with you yesterday. (She is out of the office until Tuesday, but asked that we get this to you.) Thanks, and have a great weekend. -Angie Conn, Planning Administrator Original Message From: Boone, Rachel M. Sent: Thursday, June 24, 2010 8: PM To: Hollibaugh,,Mike P; Conn, Angelina V Subject: Legacy sign issue John and Todd, I apologize for the recent confusion regarding the Legacy Towns and Flats entrance sign. There were many factors that came into play when I first approved this sign. One of the most important factors is something I accidentally overlooked making sure the proposed location was outside of the street right -of -way. The sign is now installed within the right -of -way of Community Drive. Another factor I failed to notice was the illumination request. According to the Sign Ordinance, temporary signs are not allowed to be lighted. I failed to inform your sign company of this requirement. Other issues that were considered were the height and design of the sign. The installed sign is designed more to look like a permanent sign. However, permanent signs are not allowed to be 8' tall. So there was a bit of compromise on my part, to give you the design you wanted for this "temporary" identification sign. I say temporary because as I understand it, once more of Legacy is developed, there are signs proposed to be on either side of the entrance that your development identification will be a part of. Which is why I classified this sign as temporary and approved it at the height proposed. We all know that the Legacy is a complicated and unique development. Unfortunately, the PUD does not go into a lot of detail about all the types of signs that can possibly be installed. So I tried to do my best to make it work out according to the Sign Ordinance and fulfill your needs. I'm sorry that we have run into these issues after the fact due to my oversight. So, we can do a few things to try to set this right. First, some variances will be required in order to keep the sign in its current location and to have it illuminated. We would like to send you to the (BZA_Hear.ing, O_f:f:i.ceryto expedite the process for. you. The next meeting is July 26th. Public notice would be required by July 16th and here is a link to the application: http: /www.ci.carmel. in.us/ services /DOCS /BZAapplctnsPDF2ol0 /Development %20Standards% 20Variance %202010.pdf. Secondly, we would also like to waive the application fees for you I realize this was a bit of an ordeal and do apologize for the inconveniences. I hope we can work together to make the sign legal and have it properly identify the entrance as you need it to. Thank you, Rachel Boone Sign Reviewer City of Carmel Department of Community Services 3rd Floor One Civic Square Carmel, IN 46032 317.571.2417 1 o CITY OF CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $286.00 for the first variance, plus $88.00 for each additional section of the ordinance being varied. All Other $1,133.50 for the first variance, plus $535.50 for each additional section of the ordinance being varied OR see Hearing Officer Fees DOCKET NO. 0 ®qQ ®Z DATE RECEIVED: September 10; 210 1) Applicant: The J.C. Hart Company. (see Exhibit "B") viECONIO Address: See Exhibit "B" Phone: See Exhibit "B" WEE 3 _Q" 2) Project Name: The Legacy Towns Flats Temporary Sign ROCS Engineer /Architect: N/A Attorney: see Exhibit "B" Contact Person: Jon C. Dobosiewicz Email: jon @nf- 1aw.com 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: The applicant is the owner of the sign which is the subject of the Variance request 4) If Item (3)(c) is checked, please complete the following: Owner of the property involved: Phone: Landowner Address: 5) Record of Ownership: N/A Deed Book No. /Instrument No.: N/A 6) Common address of the property involved: Community Drive at 146` Street, Carmel, IN 46033 Legal description: N/A 11— 10— -o0 co -Cot a0 Tax Map Parcel No.: N/A 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). Section 25.07.03 -02 (e) Location of Temporary Sign: The location of the subject sign is within a landscape median island at the entrance to the development which is within the street right -of -way. The ordinance calls for a setback of twenty (20) feet from street right -of -way. Section 25.07.03 -02 (h) Illumination of Temporary Sign: The subject sign is internally illuminated. The ordinance allows no illumination of temporary signs. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance The subject sign is temporary in that it will be removed once the permanent identification signs are installed at this entrance to the Legacy development. The lack of permanent infrastructure including street Page 1 of 9 0 lights and the delay in construction of the permanent identification signs has Lead to the need for the subject sign. These factors make it necessary to illuminate the subject sign to provide visibility a night that would otherwise be provided by street lighting and indirect lighting form adjacent buildings. It is worthwhile to note the design of the sign is not characteristic of a typical "temporary" sign and that a permanent identification sign is permitted illumination under the Zoning Ordinance. The location of the sign within a median island is not unusual for signage at the entrance of a development. Approval of a Consent to Encroach agreement with the City of Carmel is anticipated to address maintenance and the Carmel Engineering Department does not object to the request. 9) Present zoning of the property (give exact classification): Legacy PUD (Z- 501 -07) 10) Size of lot/parcel in question: N/A 11) Present use of the property: Adjacent area undeveloped Legacy PUD 12) Describe the proposed use of the property: Mixed -use Planned Development 13) Is the property: Owner occupied N/A 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. Yes, the subject sign will require a Consent to Encroach approval from the Carmel Board of Public Works. 15) Has work for which this application is being filed already started? If answer is yes, give details: Yes, the sign has been installed. Building Permit Number: Sign Permit 10030130 Builder: Sign Craft Industries 16) If proposed appeal is granted, when will the work commence? N/A 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, its successors and assigns 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 9 o STATEMENT OF APPLICANT I hereby state that I am the owner of property (the sign) involved in this application and that the foregoing signatures, statements and answers herein contained and the information herewith submitted are correct. The J. C. Hart Company By Todd May VP, Director of Development 4 �Ftt"yy�•. SHEILA L. WOLTER P P ^f': State of Q Lb N� A A Mmi County ��,,sEA� ;r My Comm Expires SS: May 1,2016 County of �i (hv l O Before me the undersigned, a Notary Public for 7.\ County, State of Indiana, person. ly appeared Carl Comstock and acknowledged the execution of the foregoing instrument this f l JP day of September, 2010. 616 41 My Commission Expires: VI''" 1 2) otm 1Itt Notary Public Page4of9 o CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket Nos.: Petitioner: The J.C. Hart Company 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 location and illumination of the sign will effectively address the wayfinding needs of the motoring public in a manner consistent with the goals and objectives of the signage regulations of the Zoning Ordinance. 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 and illumination of the sign will have no negative effect on the use and value of the area adjacent to the property and the location and illumination of the sign will effectively address the wayfinding needs of the motoring public. 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: Absent illumination of the sign and its placement in the entrance median the owner will be denied an opportunity to provide effective wayfinding for the motoring public. DECISION IT IS THEREFORE the decision of the Carmel /Clay 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 27`" day of September, 2010. 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). Page 8 of 9 0 EXHIBIT "B" CONTACT LIST 1. Applicant: The J. C. hart Company c/o Todd May 805 City Center Drive, Suite 120 Carmel, IN 46032 Phone: 317 -573 -4800 Fax: 317 -573 -4808 E -mail: todd @homeisjchart.com 2. Legal Counsel/ Land Use Professional: Charles D. Frankenberger Jon C. Dobosiewicz Nelson Frankenberger 3105 E. 98 Street, Suite 270 Indianapolis, IN 46280 Phone: (317) 844 -0106 Fax: (317) 846 -8782 E -mail: jon @nf- law.com charlie@nf-law.com Page 9 of 9