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Home My WebLink AboutApplication Donahue-Wold, Alexia K From: Donahue-Wold, Alexia K Sent: Tuesday, November 12, 2013 1230 PM To: Barnes, David R; Blanchard, Jim E, Conn, Angelina V, Donahue-Wold, Alexia K; Duncan, Gary R, Foley, Amanda J; Haney, Douglas C; Hollibaugh, Mike P; John Molitor; Kass, Joslyn, Keeling, Adrienne M, Keesling, Rachel M, Littlejohn, David W, Lux, Pamela K; Maki, Sue, Martin, Candy; Mindham, Daren, Mishler, Nicholas F; Motz, Lisa, Redden, Nick, Stewart, Lisa M, Thomas, John G, Tingley, Connie S, Worthley, Matthew D Cc: 'Paul G Reis'; 'Kevin G Buchheit, AICP' Subject: Docket No Assignment: (V) Walgreens Signage, Rangeline Crossing (#13110001-03 V) I have issued the necessary Docket Numbers for(V)Walgreens Signage, Rangeline Crossing. They are the following: (V)Walgreens Signage, Rangeline Crossing. The applicant seeks the following development standards variance approval for signs at a new Walgreens: Docket No. 13110001 V ZO CH: 25.07.02-03 b)1. Number of Signs(3 requested, 2 allowed) Docket No. 13110002 V ZO CH: 25.07.02-03 b)1. Wall sign not facing street frontage, north facade Docket No. 13110003 V ZO CH: 25.07.02-03 c)4.a Wall sign height:70%of spandrel panel height, about 97% requested The site is located at 1430 S Range Line Road. The site is zoned B-3/Business within the Carmel Drive—Range Line Road Overlay. Filed by Paul Reis of Krieg DeVault on behalf of KRG Centre, LLC& Kite Realty Group. Paul can be contacted at(317)238-6293, or at preis(akdlegal.com. Filing Fees: Development Standards Variance Commercial, Hearing Officer $627.50 Additional Development Standards Variance =$313.00 x2 =$626.00 Total Fee: $1,253.50 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 November 15,2013. Published notice is required ._�:..;�-s:43-%'�-'€�"--�-�-r.::s,� �'��5':i-s�=':.r?+�d;.'4:.a�,'�:��H�s��s y -s.°t3 within the Nallesville:�Tirrfie's. Get the public notice ad to the Times by 11:OOa.m.,tw®db.yslpreor foafiieGpublic noticedeadhne,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 5:15 PM and the location reads City Hall Caucus Rooms. 3. Nine (9) Informational Packets (see#6 on page 3 of the application) must be delivered to BZA Secretary Connie Tingley no later than NOON, Friday, November 15,2013. 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, Friday,November 22,2013. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. This Item will appear on the Monday, November 25,2013 agenda of the Board of Zoning Appeals Hearing Officer Meeting at 5:15 pm 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. *.*er=_,,,.�-,...,,-�fir"='r,.�-p`':-cs=�. -;—�� `Y.'�a-.,rah.,,.;.., isz.� ,4_�-«, _ .N. .W,,.,,.�4'z�.'.,.:- .: Rlease;r.efe''rtto,vourwinstruction sheet:OI moregdetail. Planning Department's Preliminary Review Comments: petitioner please respond to the following: 1. Please provide the list of adjacent property owners certified by the Hamilton County Auditor's Office. (This may take 3 to 5 days for them to complete.) 2. Please make checks payable to the City of Carmel. 3. Make sure the public notice meeting time to the newspaper and neighbors reads 5:15 PM. It is suggested to send the notice to the Noblesville Times newspaper by 11:00 am, two days prior to the printing deadline (765-365-2316 or legals @thetimes24-7.com). 4. Please provide the Proof of Publication affidavit from the Noblesville Times, once you receive it. 5. The notice to the neighbors should be done by certified mail with return receipts. Please provide green signed return receipts from the certified mailings once you receive them. 6. Please provide filled out and notarized Placement of Public Notice Sign affidavit. (page 4) 7. Provide the filled out Notice of the Public Hearing before the BZA form. (page 7) 8. Please provide the Petitioner's Affidavit of Notice of Public Hearing form (page 8). 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(a carmel.in.gov Please consider the environment before printing this e-mail 2 WC. CITY OF CARMEL-CLAY TOWNSHIP HAMILTON COUNTY, INDIANA RECEIVED' j! , 'II NOV -7 2013 �c APPLICATION FOR BOARD OF ZONING APPEALS ACTION`I,, DOGS - DEVELOPMENT STANDARDS VARIANCE REQUEST ' ` - < , FEE. Single Family(Primary Residence) $302 00 for the first variance, plus$93 00 for each additional section of the ordinance being varied. All Other$1,197 00 for the first variance, plus $565.00 for each additional section of the ordinance being varied. OR see Hearing Officer Fees DOCKET NO 1311000 1 -&3 V DATE RECEIVED 1) Applicant: KRG Centre, LLC & Kite Realty Group Address* 30 South Meridian Street, Suite 1100, Indianapolis, IN 46204, ATTN Rick Radabaugh 2) Project Name. Tenant Signage for Walgreens Pharmacy at Rangeline Crossing Retail Center Project Manager Joy Skidmore, Kite Realty Group Phone: 317 577.5600 Engineer/Architect: N/A Phone. Attorney and Contact Person. Paul G Reis, Krieg DeVault LLP Phone: 238-6293 Email preis@kdlegal.com 3) Applicant's Status' (Check the appropriate response) X (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property (c) Other: 4) If Item 3) (c) is checked, please complete the following. Owner of the property involved: N/A Owner's address Owner's Phone 5) Record of Ownership: Deed Book No./Instrument No • 2012-30635 Page Purchase date- 06/05/2012 6) Common address of the property involved 1430 South Range Line Road Legal description See attached Exhibit"A" Tax Map Parcel No 16 09 36 04 02 007 003 Page 1 of 10 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). Petitioner is seeking variances from Section 25.07.02 -03 b) 1. to: 1) permit three (3) signs (two (2) allowed), and 2) permit a wall identification sign not facing a street frontage (North awning). The proposed sign package for this Walgreens location includes, in addition to the standard sign that establishes the Walgreens brand, a monogram "W" on both the East and North sides of the awning over the main entrance to the building. These signs work in tandem to provide adequate business identification for patrons approaching building from the North and East. This Walgreens is located at the intersection of two highly - trafficked streets, and the North facade is very visible to South -bound traffic on Range Line Road. It is vital to have the additional signage on the North facade in order to provide adequate visibility and decision - making time for drivers to safely turn into the retail center to reach the pharmacy. Petitioner is also seeking a variance from Section 25.07.02 -03 c) 5. to allow wall sign height of greater than the allowed 70 percent of Spandrel Panel height (East and South facades, North Awning). The Spandrel Panel for the building is identified as the space between the top of the windows and the cornice. This space does not provide for adequate signage size or location. The proposed wall signs are positioned on the facades to provide optimal identification, readability and visibility to vehicle traffic and not directly above the windows, where the height of the Walgreens identification wall signs would be limited and decrease the readability and visibility. The proposed awning signs are dimensioned to be in scale with the 26 -feet building height architectural standards required by the Carmel Drive — Range Line Road Overlay regulations. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact - Development Standards Variance"). The Walgreens pharmacy building, currently under construction, is located on the northwest corner of the intersection of Range Line Road and 116th Street. This stand -alone building has high exposure to all four directions of traffic passing through the adjacent intersection. The sign ordinance does not allow Walgreens the business advantage of having signage on the north facade of the building which does not face a right -of -way, which would serve to alert drivers to its location so that decisions about traffic turning movements into the retail center may be made in a safe and timely manner. The proposed Walgreens sign package which includes the additional identification sign and the additional sign height is necessary to provide adequate identification to patrons visiting the store. Given its location in the middle of a commercial node and the lack of exposure of the proposed signs to the nearest residential uses, the proposed sign package will not negatively impact the general welfare or property values of the area or community and will enhance the opportunities for success for both Walgreens and adjacent area businesses by attracting traffic to Rangeline Crossing Retail Center. The strict application of these sections of the sign ordinance will result in practical difficulties in the identification of the building and the success of any business at this highly visible location due to the limitations on identification signage on facades not facing a public street. 9) Present zoning of the property: B -3 Business /Rangeline Rd. /Carmel Dr. overlay 10) Size of lot/parcel in question: 0.51 acre 11) Present use of the property: Commercial, under redevelopment (new construction) 12) Describe the proposed use of the property: Commercial, pharmacy 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, decision rendered and pertinent explanation. No. 15) Has work for which this application is being filed already started? If answer is yes, give details: No. Page 2 of 10 • • Building Permit Number Builder 16) If proposed appeal is granted, when will the work commence? Immediately. 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed?Tenant(Walgreens Pharmacy) 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 & Kite Realty Group By. Pauli• R-is, •tt•me for Applicant Page 3 of 10 LEGAL DESCRIPTION OF RANGELINE CROSSING RETAIL CENTER (FORMERLY "THE CENTRE") CARMEL, INDIANA 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. (Source: A & F Engineering) KD3971921_1.DOCX • • AFFIDAVIT I, hereby swear that I am the attorney for the applicant involved in this application and that the foregoing 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 The applicant and its attorney have been authorized to act on behalf of the owner with regard to this application and subsequent hearings and testimony Signed • Reis [ November 7, 2013 A - --y for G Ce tre, LLC & Kite Realty Group STATE OF INDIANA ) SS COUNTY OF HAMILTON Before me the undersigned, a Notary Public in and for said County and State, personally appeared Paul G. Reis and acknowledged the execution of the foregoing instrument this 71 day of (\lout on per , 2013 10.4,Lciar.a.. a.(2,--iL Notary Public ;otY P` BARBARA A.CACCIOTTI �2•:..T-Y „ an Cou Printed `} s ' = My Commission Expires x "; *; ' June 14,2015 My Commission Expires My County of Residence Page 4 of 10 CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: KRG Centre, LLC Variance: 25.07.02 -03 b) 1. To allow three (3) signs (two (2) signs allowed by ordinance) 1. 2. 3. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS DAY OF , 20 . Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: KRG Centre, LLC Variance: 25.07.02-03 b) 1. To allow three (3) signs (two (2) signs allowed by ordinance) FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public hamlth, safety, morals and general welfare of the community because: given the building's location in the middle of a commercial node and the lack of exposure of the proposed signs to the nearest residential uses, the proposed sign package will not negatively impact nor will it affect the public health, safety or morals of the community and will improve the general welfare of the community by enhancing the vaue 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 proposed sign package will adeq identify the store and promote Walgreens business success and foster business with the other Range line Crossing Retail Center tenants. 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: of the significant detrimenta impact on the adequate identification of the building and the success of any business at this highly visible location due to the limitations on identification signage. DECISION IT IS TH EREFOR E 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 CHAIRPERSON, Carmel Board of Zoning Appeals SECRETARY, Carmel Board ofZoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 6 of 10 CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: KRG Centre, LLC Variance: 25.07.02 -03 b) 1. To allow wall identification sign not facing a street frontage (north) 1. 2. 3. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS DAY OF , 20 . Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: KRG Centre, LLC Variance: 25.07.02 -03 b) 1. To allow wall identification sign not facing a street frontage (north) 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 the petitioner to provide appropriate and adequate signage for Walgreens at a key and highly visible intersection location in Rangeline Crossing Retail Center. The additional signage proposed for the west and north facades will provide business identification for east -bound and south -bound vehicular traffic, respectively, and for vehicular and pedestrian traffic within the Rangeline Crossing Retail Center, will not face any residential uses and will not affect the public health, safety or morals of the community but will improve the general welfare of the community by enhancing business success and, thereby, 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 proposed sign package will adequately identify the store and promote Walgreens' business success and foster business with the other Rangeline Crossing Retail Center tenants. 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: of the significant detrimental impact on the adequate identification of the building to vehicular traffic travelling south on Range Line Road and the success of any business at this highly visible location due to the limitations on identification signage on facades not facing a public street.. DECISION 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 Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 of 10 CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: Petitioner: KRG Centre, LLC Variance: 25.07.02 -03 c) 5. To allow wall sign height of greater than 70 percent of Spandrel Panel Height (East & South facades; North awning) 1 2. 3. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) DATED THIS DAY OF , 20 . Board Member Page 9 of 10 CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: KRG Centre, LLC Variance: 25.07.02-03 c) 5. To allow wall sign height of greater than 70 percent of Spandrel Panel Height (East & South facades; North awning) FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be i jurioushothepubUoheaKh.00fetv.monalsandgenena|we|haneof the community because: given the building's Iocation in the middle of a commercial node and the lack of exposure of the proposed signs to the nearest residential uses, the proposed sign package package with the additional sign height wUl not negatively impact nor will it 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 enhance Walgreens' visibility and business Iocation identification, contribute to the success of Walgreens, Range line Crossing retail center and the business environment in the Range line Road retail corridor and enhance the use an value of the area adjacent to the property. 3. The strict application of the terms of the Zoning Ordinance to the property wiU result in practical difficulties in the use of the property because: the provisions of this section of the zoning ordinance do not take into account the unique attributes of the Walgreens architecture under the two-story massing requirement of the Carmel Drive — Range line Road Overlay, including proportionally tall windows that limit the Spandrel Panel area, which will result in practical difficulties in achieving appropriate, adequate and proportional business identification signage and have a detrimental impact on the business success at this Jocation. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. is gnanbed, subject to any conditions stated in the minutes of this Bomnd, which are incorporated herein by reference and made a part hereof. Adopted this day of .2O CHAIRPERSON, Carme Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Pagul0o[i0