HomeMy WebLinkAboutApplication Donahue-Wold, Alexia K S •
From: Donahue-Wold, Alexia K
Sent: Friday, December 28, 2012 2:59 PM
To: Barnes, David R; Blanchard, Jim E; Boone, Rachel M.; Conn, Angelina V; Donahue-Wold,
Alexia K; Duncan, Gary R; Foley, Amanda J; Hancock, Ramona B; Hollibaugh, Mike P; John
Molitor; Keeling, Adrienne M; Littlejohn, David W; Lux, Pamela K; Maki, Sue; Martin, Candy;
Mindham, Daren; Mishler, Nicholas F; Redden, Nick; Stewart, Lisa M; Thomas, John G;
Tingley, Connie S; Worthley, Matthew D
Cc: 'Paul G. Reis'; 'rradabaugh @kiterealty.com'
Subject: Docket No. Assignment: (V) City Barbecue at The Centre, Signage (12120017-18 V)
I have issued the necessary Docket Numbers for(V) City Barbecue at The Centre,Signage. They are the following:
(V) City Barbecue at The Centre,Signage.
The applicant seeks the following development standards variance approvals:
Docket No. 12120017 V ZO CH: 25.07.02-04 b) 1.a.1) Wall sign not facing Right-of-way
Docket No. 12120018 V ZO CH: 25.07.02-04 c)8.a. Wall sign height exceeds 70%of Spandrel Panel
The site is located at 1430 S Range Line Road. The site is zoned 8-3/Business within the Carmel Drive—Range Line Road
Overlay. Filed by Paul Reis of Krieg DeVault on behalf of KRG Centre, LLC, owner.
Paul can be contacted at(317)238-6293 or at preis @kdlepal.com.
Filing Fees: Development Standards Variance Commercial, Hearing Officer: $617.50
Additional Variance: $308.00
Total Fee: $925.50
Filing Dates&Deadlines. Petitioner, please note the following:
1. This item does not need to be on a meeting agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than January 18,2013. Published notice is required
within the Noblesville Times. Get the public notice ad to the Times by 11:00a.m., two days prior to the public
notice deadline, in order for them to publish it on time(765-365-2316 or legals @thetimes24-7.com). 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 application). Make sure the public notice meeting time to the newspaper and neighbors reads 5:30
PM and the location reads City Hall Caucus Rooms.
3. The Filing Fee and Nine(9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than
NOON, Friday,January 18,2013. Failure to submit Informational Packets by this time will result in the automatic
tabling of the petition.
4. The Proof of Notice will need to be received by this Department no later than noon,Thursday,January 24,2013.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
5. This Item will appear on the Tuesday,January 29, 2013 agenda of the Board of Zoning Appeals Hearing Officer
Meeting under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for the petition the night of the meeting
for the Board's use(Sheet 10 of the application). On Ballot sheets, only fill out docket number, petitioner, and date
(Sheet 9).
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.
8. Sign permit approval will also be required.
Please refer to your instruction sheet for more detail
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Planning Department's Preliminary' iew Comments; petitioner please respo o the following:
1. Please make checks payable toe City of Carmel.
2. Please provide filled out and notarized Placement of Public Notice Sign affidavit.
3. Provide the signed Petitioner's Affidavit of Notice of Public Hearing form (sheet 8.)
4. Provide the fully filled out Notice of the Public Hearing before the BZA form.
5. Please provide the Proof of Publication affidavit from the Noblesville Times, once you receive it.
6. Please provide green signed return receipts from the certified mailings once you receive them.
If you have any questions, please feel free to contact me.
Sincerely,
Alexia Donahue Wold
Planning Administrator
City of Carmel, DOCS
One Civic Square
Carmel, IN 46032
317.571.2417
awold @carmel.in.gov
Please consider the environment before printing this e-mail
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CITY OF CARMEL - BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FEES: Single Family (Primary Residence) $297 for the first variance, plus $91.50 for each additional section of the
ordinance being varied. All Other$1,177 for the first variance, plus $556 for each additional section of the
ordinance being varied. Or, see Hearing Officer Option & Fees.
DOCKET NO. lg.taco h V& QiaCtie V DATE RECEIVED: I I L\ /
1) Applicant: KRG Centre, LLC
Address: 30 South Meridian Street, Suite 1100, Indianapolis, Indiana 46204, ATTN: Rick Radabaugh
2) Project Name: Tenant Signage for City Barbeque at The Centre
Engineer/Architect: N/A
Attorney: Paul Reis, Krieg DeVault, LLP, Phone: 238-6293
Contact Person: Paul Reis, Attorney and Rick Radabaugh, Project Manager Phone: 713-56910_008
345,x,
Email: preiskdlegal.com and rradabaughna.kiterealty.com
/�' �do\
3) Applicant's Status: (Check the appropriate response) .LCEIVEo
X (a) The applicant's name is on the deed to the property P DEC 1¢?0,12
4) If Item 3) (c) is checked, please complete the following: Qr ,�
Owner of the property involved: N/A {° Lit -
Owner's address: Phone:
5) Record of Ownership:
Instrument No.: KRG Centre, LLC#2011-32830 (6.88 acres); #2012-30635 (.51 acre)
Purchase date: KRG Centre, LLC—June 5, 2012 (.51 acre); KRG Centre, LLC—July 8, 2011 (6.88 acres)
6) Common address of the property involved: 1430 S. Rangeline Road and 1342 S. Rangeline Road
Legal description: See Attached Sheet
Tax Map Parcel Nos.: 16-09-36-04-02-007.000 and 16-09-36-04-02-007.003
7) State explanation of requested Development Standards Variances: (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).
Petitioner is seeking a variance from Section 25.07.02-04 b) 1. a. 1) to allow for a wall identification sign on the
north façade (not facing a public street). Under of the zoning ordinance, this retail space within a Multi-Tenant
Ground Floor Building is allowed only one (1)wall identification sign based on frontage on a single public street
(Range Line Road).This retail space,which will house the new City Barbeque restaurant, is the end tenant space
in this multi-tenant ground floor retail center. Adjacent to the north of this building is a parking area for this and
other tenants. In order to provide adequate identification for the restaurant to traffic travelling south on Range Line
Road, this sign is necessary.
Petitioner is also seeking a variance from Section 25.07.02-04 c) 8. a. to allow for the height of the wall
identification sign to exceed height restriction for the Spandrel Panel on the east façade of the retail space.
Between the retail space and Range Line Road, a multi-tenant retail building is being constructed adjacent to
Range Line Road. Due to the distance from the restaurant to Range Line Road,the east(front)façade signage is
critical in order to be adequately visible to passing Range Line Road traffic. Due to the oval shape of the proposed
sign,the top to bottom dimension of the proposed wall sign exceeds the 70%height restriction within the Spandrel
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Panel under the zoning ordinance.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
Kite Realty Group, an affiliate of KRG Centre, LLC has begun the partial redevelopment of the retail center
located northwest of the intersection of Rangeline Road and 116th Street to be known as "Range Line
Crossing". As a part of that redevelopment, City Barbeque is a new restaurant that desires to locate in the
redeveloped center. As an end in-line tenant space, the possibility to attract passersby is greater due to
double frontage, east and north. Being able to identify the restaurant to potential patrons driving through
the north parking area as well as travelling south on Range Line Road is vital to the success of the
restaurant. The proposed signage for the east (front) façade includes the trademarked emblem of City
Barbeque and has been custom designed to provide appropriate visibility to traffic along Range Line Road
based upon the setback of the restaurant from the street. . Due to the oval shape of the proposed sign,the
top to bottom dimension of the proposed wall sign exceeds the 70%height restriction within the Spandrel
Panel under the zoning ordinance.The strict application of this Section will result in practical difficulties in
the use of the property, the success of City Barbeque in this location and thereby effectively limit the
opportunities for success of any new tenant in this end unit of a multi-tenant retail building, which is an
integral part of the redevelopment of this retail center.
9) Present zoning classification of the property: B-3 Business & Carmel-Drive Rangeline Road Overlay Zone
10) Size of lot/parcel in question: 8.108 acres
11) Present use of the property: Retail stores and financial institution
12) Describe the proposed use of the property: No change
13) Is the property: Owner occupied Renter occupied X 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, instrument no., decision rendered and pertinent explanation. Several variances have been granted in
connection with the redevelopment of this retail center but none are applicable to the requests contained in this
application.
15) Has work for which this application is being filed already started? No If answer is yes, give details:
Building Permit Number:
Builder:
16) If proposed appeal is granted,when will the work commence? Immediately upon obtaining variance approvals for
tenant signage.
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
City Barbeque as a tenant in the retail center under lease with Kite Realty Group as agent for the Owner.
The applicant understands that docket numbers will not be assigned until all supporting information has been
submitted to the Department of Community Services.
Applicant Signature:
KRG Centre, LLC
14 644012‘41
By. '�_'._, . i _, Date:
Pau -eis!Attorr ey for Applicant
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.
KD 4707485 1.DOCX
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APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
KRG Centre, LLC
LEGAL DESCRIPTION OF PROPERTY
Part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Southeast corner of the Southeast Quarter of Section 36, Township 18 North, Range 3 East in
Hamilton County, Indiana; thence North 89 Degrees 20 minutes 15 seconds West (assumed bearing) on the South
line of Southeast Quarter 198.00 feet thence North 00 degrees 00 minutes 00 seconds parallel with the East line of
said Southeast Quarter 35.00 feet to the South of the Real Estate described in Deed Record 354, pages 231-233 in
the Hamilton County Recorder's Office and the True Point of Beginning for the tract herein described; thence North 00
degrees 00 minutes 00 seconds parallel to the East line of said Southwest 10.00 feet; thence South 89 degrees 20
minutes 15 seconds East parallel with the South line of said Southeast Quarter 128.53 feet; thence North 45 degrees
18 minutes 54 seconds East 34.41 feet; thence North 00 degrees 00 minutes 00 seconds 381.41 feet(this and the
next eight(8) courses are on the boundary of said Real Estate); thence North 89 degrees 20 minutes 15 seconds
West 4.00 feet, thence North 00 degrees 00 minutes 00 seconds East 8.53 feet; thence North 90 degrees 00 minutes
00 seconds 9.00 feet; thence North 00 degrees minutes 22 seconds 602.82 feet; thence North 90 degrees 00 minutes
00 seconds West 5.00 feet; thence North 00 degrees 00 minutes 00 seconds 10.00 feet; thence North 90 degrees 00
minutes 00 seconds East 5.00 feet; thence North 00 degrees 00 minutes 00 seconds 10 feet; thence North 90 degrees
00 minutes 00 seconds East 5.00 feet; thence North 00 degrees 00 minutes 00 seconds 25.58 feet; thence North 89
degrees 20 minutes 15 seconds West parallel to the South line of said Southeast Quarter 328.33 feet to the West line
of the Real Estate described in Deed Record 354, pages 231-233; thence South 00 degrees 49 minutes 00 seconds
West 1020.83 feet(this and the next four(4) courses are on the boundary of said Real Estate); to the point of
curvature of a tangent curve whose radius point bears North 89 degrees 11 minutes 00 seconds West 2904.79 feet
from the point of curvature; thence Southerly on said curve an arc distance of 44 feet; thence South 89 degrees 20
minutes 15 seconds East 84.20 feet, thence North 00 degrees 39 minutes 45 seconds East 2.00 feet; thence North 89
degrees 20 minutes 15 seconds East 101.60 feet to the True Point of Beginning for the tract herein described,
containing 8.108 acres, more or less.
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE
Docket No.: V— Dimension of Signs, City Barbeque tenant space, The Centre
Petitioner: KRG Centre, LLC
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 the petitioner to provide appropriate and adequate trademarked signage for City
Barbeque in a redeveloping in-line tenant end space in connection with the redevelopment of The Centre
retail center. The proposed additional signage will not affect the public health, safety or morals of the
community and will improve the general welfare of the community by enhancing the value of the property.
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 for the continuing redevelopment of the property and the addition of a new
restaurant,which will enhance the business environment and variety along Rangeline Road and the use
and value of the area adjacent to the 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 provisions of the zoning ordinance establishes straight-line geometric signage limitations which
unnecessarily restrict unique,curvilinear,trademarked signs,which will result in practical difficulties in
the leasing of the end tenant space of the in-line retail building which has a larger facade area that much
of the rest of the in-line tenant spaces, have a detrimental impact on the success of the tenants and
effectively limit the range of leasing opportunities for this space.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 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 , 20
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE
Docket No.: V—Sign not facing right-of-way, City Barbeque tenant space, The Centre
Petitioner: KRG Centre, LLC
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 the petitioner to provide appropriate and adequate signage for City Barbeque in the
end tenant space with the additional exposure to the parking area to the north. The proposed additional
signage will not affect the public health,safety or morals of the community and will improve the general
welfare of the community by enhancing the value of the property.
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 for the continuing redevelopment of the property and the successful leasing of this
end tenant space,which will enhance the business environment along Rangeline Road and the use and
value of the area adjacent to the 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 provisions of this section of the zoning ordinance allow wall identification signs only on facades that
front on a public street, giving no consideration to other vehicular traffic areas on the site, which will
result in practical difficulties in the leasing of the end tenant space of the in-line retail building, have a
detrimental impact on the success of the tenants and effectively limit the range of leasing opportunities
for this space.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. 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 , 20
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on back. Petitioner or representative to sign.