HomeMy WebLinkAboutPacketKITE
REALTY GROUP
Hamilton Crossing East
Carmel, Tndiana
CHASE 0
New Branch Bank
Variance Commitment Amendment
Carmel Board of Zoning Appeals
Docket No. 05080041 CA
Information Booklet
October 24, 2005
DREWRY SIMMONS VOKNEHM, LLP
R cai Es tate Serv Ices G ro ~tp
Paul G. Reis, Esq.
Carmel Board of Zoning Appeals
October 24~ 2005
Kite Hamilton Crossing East
Zoning Commitment Amendment
Docket No.: 05080041 CA
Information Booklet
Table of Contents
Description of project and proposed amendment to zoning
commitment
1
Site and Area Map
1
East Facade Building Elevation with Proposed Wall Signage
al
!
Proposed Wall Signage for East Facade
Proposed Amendment to Variance Commitment
J
Proposed Amended Sign Program for Hamilton Crossing
Retail Commercial Area
1
1999 Variance Commitment by Owner
Kite Hamilton Crossing East
Zoning Commitment Amendment
Docket No.: 0508004:L CA
Description of Project and
Proposed Amendment to Zoning Commitment
Development Background
KRG Hamilton Crossing, LLC, a company within Kite Realty Group, ("Kite"), is the
owner of the retail commercial project commonly known as Hamilton Crossing East. The
development consists in part of three retail buildings known as Buildings "A", "B" and
"C" respectively. (Please the Site and Area IVlap under Tab 2.) ]:t is located at the
southeast corner of 126th Street and U.S. Highway 31.
]:n January of :L999, Duke Realty Limited Partnership, ("Duke"), the developer
and owner of the development requested a variance with respect to the size of certain
wall signage for tenants within the development. As a condition to the approval of the
variance, Duke committed to the Board of Zoning Appeals, ("BZA"), that all tenants
occupying less than 4,500 square feet in Buildings "B" or "C" will not be permitted a
wall sign facing Pennsylvania Street. (Please see the 1999 Variance Commitment by
Owner under Tab 7.)
Project Description
Kite has entered into a lease of 3,699 square feet with J.P. Morgan Chase,
("Chase"), for the establishment of a branch bank in Building "B." Kite and Chase
presented the current project to the Special Studies Committee of the Plan Commission
to obtain approval of an amendment to the approved Architectural Design, Exterior
Lighting, Landscape and Signage, ("ADLS"), in order to permit the establishment of the
bank branch with drive-thru facilities together with wall signage on both the front of the
building (facing U.S. Highway 31) and the rear of the building (facing Pennsylvania
Street). The ADLS amendment was approved; however, recognizing the current
variance commitment, the wall signage facing Pennsylvania Street was approved
contingent upon approval of the signage by the BZA. (Please see the east facade
elevation showing the proposed wall signage under Tab 3 and the specifications of the
proposed wall signage under Tab 4.) The Committee agreed with the petitioner for the
need to have appropriate wall signage on the east facade in order to identify the
location of the bank facilities.
Proposed Amendment to Variance Commitment
Tn furtherance of petitioner's desire to provide wall signage on the east facade of
the building to appropriately identify and locate of the bank facilities to its customers
Kite Hamilton Crossing East
Zoning Commitment Amendment
Description of Project and Amendment
Page 2
and the public while traveling along Pennsylvania Street and westbound on 126th Street
and respectful of the existing variance commitment concerning wall signage on the
facade facing Pennsylvania Street, petitioner is submitting an amendment to the
variance commitment for approval by the BZA. The proposed amendment would allow
tenants occupying less than 4,500 square feet in Buildings "B" or "C" to have a wall sign
facing Pennsylvania Street, but only upon the approval by the Carmel Plan Commission
of an ADLS application and submittal by the tenant. (Please see the proposed
amendment to the variance commitment under Tab 5.)
The amendment preserves the prohibition against wall signs facing Pennsylvania
Street for tenants having less than 4,500 square feet in the two buildings without the
review, scrutiny and approval of the Plan Commission. As occurred in the current case,
the prospective tenant will be required to submit an application and ADLS
documentation to allow for this additional wall signage. This will allow the Plan
Commission to permit appropriate signage on the east facade for these smaller tenants
on a case by case basis and in the context of the ADLS approval process.
Upon the approval of this amendment by the BZA, the amendment will be
executed and recorded in the Office of the Recorder of Hamilton County, Indiana.
Additionally, the sign program for the development will be amended and restated to
reflect the amendment. (Please see the amended sign program under Tab 6.)
U.S. ,.91
HAMILTON CROSSING
KITE REALTY GROUP
CARMEL, INDIANA
PENNS YL VA NIA $ TREE T
@A & F Engineering Co., LLC 2005
"ALL Righfs Reserved"
BACK ELEVATION
CHASE- RETAIL BANKING CENTER
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36.87 $~
ILLUMINATED
CHASE-RETAIL BANKING CENTER
HAMILTON CROSSING
CSO SC~ENtKEL S~ULTZ
%
0 60 120
GRAPHIC SCALE IN FEET
CHASE- RETAIL BANKING CENTER
HAMILTON CROSSING
CSO $C~E~KEL SH~LTZ
Cross Reference' Inst. #9909919383
AMENDMENT OF
VARIANCE COMMITMENT BY OWNER
In accordance with Indiana Code Section 36-7-4-921, KRG Hamilton Crossing, LLC, an
Indiana limited liability company (hereinafter the "Owner"), the Owner of the following
described Real Estate located in Hamilton County, Indiana (hereinafter the "Real Estate"),
hereby amends certain commitments, (the "Commitments"), concerning the use and development
of the Real Estate made to the Carmel Board of Zoning Appeals (hereinafter the "Board") and
recorded as Instrument No. 9909919383 in the Office of the Recorder of Hamilton County
Indiana, as follows:
1. Description of Real Estate'
See Exhibit A
2. DocketNo.' 05080041 CA
3. Statement of Amended Commitment'
commitment relating to the Real Estate'
Owner makes the following amended
a,
All tenants occupying less than 4,500 square feet in Building "B" or
Building "C" shall not be permitted a wall sign facing Pennsylvania Street,
without an architectural design~ exterior lighting,, landscaping and
signage (ADLS), submittal and the approval of the proposed wall sign
and the ADLS application by the Carmel Plan Commission.
4. Binding on Successor and Assigns. The Commitments, as amended herein, are
binding on the Owner of the Real Estate, each subsequent owner of the Real Estate and each
other person acquiring an interest in the Real Estate, unless modified or terminated by the Board.
The Commitments, as amended by this instrument, may be modified or terminated only by a
decision of the Board made at a public hearing after notice as provided by the rules of the Board.
5. Effective Date. The Commitments, as amended herein, shall be effective upon the
approval of the Commitment Amendment, (Docket No. 0509~ CA) by the Board.
6. Recording. The undersigned hereby authorizes the Director of Community
Services for the City of Carmel, or the Secretary of the Carmel Board of Zoning Appeals, to
record this Commitment Amendment in the Office of the Recorder of Hamilton County, Indiana,
upon the approval of the Commitment Amendment referred to in paragraph 5 above.
7. Enforcement. These commitments may be enforced by the Carmel Board of
Zoning Appeals.
IN WITNESS WHEREOF, Owner has executed this instrument this
,2005.
day of
KRG HAMILTON CROSSING, LLC,
an Indiana limited liability company
BY:
Printed Name
STATE OF INDIANA
COUNTY OF MARION
)
) SS:
)
Title
Before me, a Notary Public in and for said County and State, personally appeared
, by me known and by me known to be the
of , who acknowledged the execution of the foregoing
"Amendment of Variance Commitment by Owner" on behalf of said entity.
Witness my hand and Notarial Seal this~
day of ,2005
Notary Public
Printed Signature
My Commission Expires:
My County of Residence:
This instrument prepared by Paul G. Reis, Attorney at Law, 8888 Keystone Crossing,
Suite 1200, Indianapolis, IN 46240.
d: ... IKitelHamilton CrossinglCommitment Amendment. Doc
Proposed Program following approval of Commitment Amendment
FI'FTH AMENDED
SI'GN PROGRAM FOR
HAMI'LTON CROSSI'NG
RETA?L COMMERCI'AL AREA
All permanent business signs erected within the Hamilton Crossing retail commercial
area shall conform to this Sign Program and to the Wall Sign Criteria for Hamilton
Crossing which is incorporated herein by reference.
I. IDENTIFICATION SIGNS
Al
There will be three (3) free standing signs to identify the total Hamilton
Crossing retail commercial area.
B~
Identification Sign A may contain a maximum of approximately 150 square
feet of sign surface area and will be located near US 31 and 126th Street.
Identification Sign A is intended to be used to identify the Hamilton
Crossing retail commercial area to traffic on US 31.
Ci
Identification Sign B may consist of a maximum of approximately 20
square feet of sign surface area and will be located near the corner of
126th Street and Pennsylvania Street. Identification Sign B is intended to
be used to identify the Hamilton Crossing retail commercial area to traffic
on 126th Street.
D!
Identification Sign C may consist of a maximum of approximately 20
square feet of sign surface area and will be located near the south
entrance on Pennsylvania Street. Identification Sign C is intended to be
used to identify the Hamilton Crossing retail commercial area to traffic on
Pennsylvania Street.
II. TENANT SIGN REQUIREMENTS
Al
All Tenant signs shall consist of individual dimensional and internally
lighted letters and may include Iogos, hallmarks or other trade
identification, and product and service summary signs. All signs shall have
1/8" plastic faces and shall project not more than eight inches (8") beyond
the building wall or facia unless mounted on a raceway as hereinafter
allowed.
B!
All signage must be manufactured and installed in accordance with
Underwriters Laboratory Rules and Regulations and shall carry a UL
authorized label visible from the ground.
FIFTH AMENDED SIGN PROGRAM
HAMILTON CROSSING RETAIL COMMERCIAL AREA
Page 2
III.
Ci
Raceways shall be used only on masonry walls or facades and shall be
painted to match the wall or facade.
D!
Flashing, blinking, rotating, moving, animated or audible type signs are
not permitted.
E,
For all Non-Anchor Tenants.
The wall signs permitted in A. above shall be no more than four (4) feet in
height for non-anchor Tenants. The length of such signs shall be
proportionate to the letter height but shall not exceed 80% of the width of
the storefront. The maximum size sign shall be seventy-five (75) square
feet. If an end Tenant of Building "B" is permitted more sign area on one
of its storefronts than it is on another of its storefronts, the tenant, with
Landlord approval, may deduct sign surface area from one storefront (the
larger sign area) and add it to the other storefront (the small sign area).
All tenants occupying less than 4,500 square feet shall not be permitted a
wall sign facing Pennsylvania Street without the ~rior aD._____~oroval of the
Carmel Plan Commission.
Fi
For All Anchor Tenants:
The wall signs permitted in A. above shall be no more than six (6) feet in
height for anchor tenants (defined as a tenant occupying more than
30,000 square feet). The length of such signs shall be proportionate to
the letter height, but shall not exceed 70% of the width of the storefront.
Signs for anchor tenants shall not exceed 130 square feet of sign surface
for the U.S. Highway 31 fagade and shall not exceed 75 square feet of
sign surface area for the Pennsylvania Street facade.
OTHER SIGNS PERMI'FFED
A.
All signs affixed to the glass of the tenant space shall be individual printed
letters, silkscreen letters or similar type letters or as otherwise approved
by the Landlord and such letters shall be no more than six (6) inches in
height.
Bi
One non-customer door for receiving merchandise may have the name of
the tenant in two inch (2") block letters.
Gl
Private traffic directional signs for directing traffic movement onto or
within the retail commercial area, not exceeding three (3) square feet in
area for each sign, shall be permitted.
FIFTH AMENDED SIGN PROGRAM
HAMILTON CROSSING RETAIL COMMERCIAL AREA
Page 3
IV. RESPONSIBILITY FOR SIGN
Al
Landlord, using a graphic artist of Landlord's choosing, shall review the
design of all signs and shall specify color, size, location and placement of
letters.
Bi
Tenant shall lawfully erect any sign at its own risk and expense, including
tenants' final electrical connection to Landlord provided supply if available.
C!
Tenant shall secure all necessary permits from the City of Carmel and pay
all fees associated with the sign permits. Landlord shall do the same for
the center identification signs.
Bi
Tenant shall maintain all their signs in good repair at all times.
Em
Upon vacating their space, tenant shall remove all signs and repair all
damage caused by such removal.
WARN:I:NG: Landlord shall have NO RESPONSIBILITY WHATSOEVER for any cost,
expense or loss arising out of or in connection with orders for or construction,
fabrication or refabrication of signs, whether or not in conformity with this Sign
Program. A permit for erection of desired signage, otherwise in conformity with this
Sign Program and approved by Landlord, must first be obtained from the City of
Carmel.
...... ~ Instrument
VARIANQ~- ~OMMITM~NT ~Y OWNER
in accordance with Indiana Code Section 36-7-4-921, Duke Realty Limited
Partnership, an Indiana limited partnership (hereinafter the "Owner"), the Owner of the
following described Real Estate located in Hamilton County, Indiana (hereinaf'[er the "Real
Estate"), makes the following COMMITMENTS concerning the use and development of the
Real Estate to the Carmel/Clay Board of Zoning Appeals (hereinafter the "Board").
.
Description of Real Estate:
See Exhibit A ("Real Estate")
2. Docket No.'s:
V-55-98 & V-56-98
9909919383
Flied: for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 03-31-1999 At 03:52 pm.
VARIANCE 15. O0
,
Statement of Commitments:
-relating to the Real Estate'
Owner makes the following commitments
ao
Two of the ground center identification signs approved by variance
docket number V-55-98, the one on 126th Street and the one on
Pennsylvania Street, shall be limited in size to the Ground Sign "B"
Elevation as depicted on Exhibit B.
b.
All tenants occupying less than 4,500 square feet in Building "B" or
Building "C" shall not be permitted a wall sign facing. Pennsylvania
Street.
4. Bindinq on Successors and Assiqns. These Commitments are binding on
the Owner of the Real Estate, each subsequent owner of the Real Estate and each other
person acquiring an interest in the Real Estate, unless modified or terminated by the
Board. These Commitments may be modified or terminated only by a decision ofthe board
made at a public hearing after notice as provided by the rules of the Board.
5. Effective Date. The Commitments contained herein shall be effective upon
granting of Variance V-55-98 and Variance V-56-98 by the Board.
6. Recordinq. The undersigned hereby authorizes the Director of Community
Development, or the Secretary of the Carmel/Clay Board of Zoning Appeals, to record
these commitments in the office of the Recorder of Hamilton County, Ir~diana, upon the
granting of the variances referred to in paragraph 5 above.
7. Enforcement. These commitments may be enforced by the Carmel/Clay
Board of Zoning Appeals.
::ODMAWIHODMA\NO1 ;26960;1
IN WITNESS WHEREOF, Owner has executed this instrument this
March, 199'9.
..
day of
DUKE REALTY LIMITED PARTNERSHIP,
an Indiana limited partnership
BY:
DUKE REALTY INVESTMENT, INC.,
an in n, its general partner
By: ~
i~areli E. Zlnl(, /
Executive Vice
STATE OF INDIANA
COUNTY OF MARION
)
) SS:
)
Before me, a Notary Public in and for said County and State, personally appeared
Dareil E. Zink, Jr., by me known and by me known to be the Executive Vice President of
Duke Realty Investments, who acknowledged the execution of the foregoing "Variance
Commitment by Owner" on behalf of said corporation.
Witness my hand and Notarial Seal this z~¢rG day of March, 1999.
NO/taw Public
Printed Signature
My Commission Expires:
My County of Residence:
::ODMALMHODMA~01 ;26960;1
EXHIBIT A
PAGE 1 OF 1
A LAND BOUNDARY'DESCRIPTION OF THE
RETAIL CENTER AT
HAMILTON CROSSING EAST
HAMILTON COUNTY, INDIANA
MA CH 11, 1999
A part of the Southwest Quarter of Section 26 and a part of the Northwest Quarter of
Section 35, both in Township 18 North, Range 3' East, Hamilton County, Indimm, described as
follows: BEGINNING at a point on the proposed west 45 foot right-of-way Iine of Pennsylvania
Sweet, said point being South 89 degrees 51 minutes 11 seconds West 45.00 feet from the
northeast comer of the Northwest Quarter of said Section 35: thence South 00 degrees 07 minutes
31 seconds East 695.72 feet along said proposed 45 foot right-of-way line to a point on. the north
line of the Schahet Hotel parcel; thence North 90 degrees 00 minutes 0tD seconds West 284.09
feet along said north line to the east line of the parcel known at the Restaurant parcel; thence
North 00 degrees 00 minutes 00 second's East 6.47 feet along said east tine to the northeast comer
of said Restaurant parcel; thence North 90 degrees 00 minutes 00 seconds West 254.69 feet along
the north line of said Restaurant parcel to the east fight-of-way line of U.S. 31; thence North 00
degrees 03 minutes 57 seconds West 889.70 feet along said east right-of-way line to tho south
right-of-way line of 126~ street; thence North 89 degrees 54 minutes 47 seconds East 537.69 feet
along said south right-of-way line to the proposed west 45 foot fight-of-way line of Pennsylvania
Street; thence South 00 degrees I0 minutes 07 seconds East 201.26 feet along said proposed 45
foot right-of-my line to the point of beginning and containing t 1.042 acres, more or less. The
b~gs in this description are based upon the east line of the Northwext Quarter of Section 35'
having a bearing of South 00 degrees 07 minutes 31 seconds Ea~.
EXHIBIT A
PAGE 1 OF 1
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L~i)~R~~~R6jECTsI5587~ESC~e~i.doc"
Prepared by Woolpert LLP