HomeMy WebLinkAboutMinutes BZA 08-25-14 c,:
ro�RI N/R5,f�` City
f` r
1
\ �t}ttT�•1Lt ikt4
INDIANR
MINUTES
Carmel Board of Zoning Appeals
Regular Meeting
Monday, August 25, 2014
6:00 p.m.
Council Chambers, Carmel City Hall
Present: James Hawkins,President
Leo Dierckman
Dennis Lockwood
Earlene Plavchak (absent)
Alan Potasnik
Connie Tingley, Recording Secretary
Maggie Crediford,Recording Secretary
Staff members in attendance: Alexia Lopez,Planning Administrator
Mike Hollibaugh, Director, Dept. of Community Services
Legal Counsel: John Molitor
Previous Minutes:
On a motion made by Leo Dierckman and seconded by Dennis Lockwood:
The Minutes for the meeting dated July 28,2014,were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report:
Alexia Lopez:
• Items 1-5, Docket Nos. 14070017-21 V, Kroger Expansion, need to suspend rules to be heard
o Did not meet 25 days public notice in newspaper
o Did meet at least ten day notice, which is State requirement
• Items 6-10,Docket Nos. 14070012 UV, 14070013 V through 14070016 V, St. Vincent Heart Center
Helipad have been tabled to September 22 meeting
Motion: On a motion made by Leo Dierckman and seconded by Dennis Lockwood:
Rules be waived to hear Docket Nos. 14070017-21 V, Kroger Expansion
MOTION CARRIED UNANIMOUSLY
ILegal Council Report:
John Molitor:
• Nothing new to report on pending case
• Suggest Executive Session next month
o Either 5:30 p.m. or after regular meeting
WWW.CARMEL.IN.GOV Page 1 of 6 (317) 571-2417
Carmel Board of Zoning Appeals
August 25,2014 Meeting
Public Hearing
1-5. (V)Kroger Expansion
The applicant seeks the following development standards variance approvals for a building addition:
Docket No. 14070017 V ZO CH 23F.08.01 40,000 sq.ft.Max Building Footprint, 78,406 sq.ft. requested
Docket No. 14070018 V ZO CH 27.08: Min 392 Parking Spaces,282 requested
Docket No. 14070019 V ZO CH 33.07.A: 50% Tree Preservation,44% requested
Docket No. 14070020 V ZO CH 25.07.02-03.b: Number of Signs
WITHDRAWN Docket No. 14070021 V ZO CH 25.07.02 03.c: Maximum Sign area
The site is located at 1217 Rangeline Rd. The site is zoned B-8/Business and lies within the Carmel Dr. —
Rangeline Rd. Overlay. Filed by Paula Gartner of EMH&T, on behalf of Kroger Limited Partnership.
Present for Petitioner:
Russell Brown,Attorney, Clark, Quinn,Moses, Scott&Grahn, LLP;Brieanna Ramsey,Kroger Real Estate; Ryan
Rediger,EMH&T Site Engineer and Elizabeth Williams,Land Planner, Clark, Quinn, Moses, Scott& Grahn, LLP
• Docket No. 14070021 V for maximum sign area Withdrawn
• Department Report good synopsis of project
• Expansion will bring store into closer compliance with contemporary Kroger business model
o Relatively small store in current Kroger models
o Will be in line with Central Indiana market
o Enhanced offerings and expanded product lines
• Existing conditions shown
o Small amount of parking to north
o Detention pond to east
o Bulk of parking to west
• Expand directly north to Executive Drive
o Approximately 13,000 square feet expansion
o Expanding this direction would decrease disruption to balance of site and shopping
o Size of store is already non-conforming because it pre-dates Overlay District
• Further expansion would not have negative impact on surrounding uses
• Failure to permit expansion on this tight site would have negative impact on upgrades
• Parking variance
o Store already has less parking than required
o Expansion will eliminate number of spaces
o Parking still more than adequate based on current and expanded usage
o Will add more bike racks for alternative transportation
o Staff has requested removal or relocation of recycle bins; will comply
• Expansion will eliminate four trees to north of store
o Do not believe opportunity to relocate or replace
o Plans show addition of bushes along north facade to soften view for businesses located across Executive
Drive
• Requesting 5 total signs
o Four facing Rangeline Road
o One facing Executive Drive
o Size of signs will meet Ordinance
• Withdrew variance related to sign size
o Will promote newly featured tenant within building
o Will balance view of facade
o Location of signs shown
• New Kroger sign on north side
• New sign related to tenant,Murray's Cheese,on east
• Has been to Plan Commission for architectural review and site plan
Page 2 of 6
Carmel Board of Zoning Appeals
August 25,2014 Meeting
Remonstrance:
I Mick Sheetz,Developer of Carmel Centerpointe, across Executive Drive and adjacent to Kroger
• Provided handouts
• Opposed to location of 13,600 square feet on north side of building
o Tree hugger who loves look of trees along Executive Drive
• Wants them to drape over Executive Drive and look like park
o His retail buildings directly across Executive Drive will look into new Kroger building
o 25-foot greenbelt along Executive Drive from Rangeline Road to Carmel Drive
• Expansion will destroy view and feel of area
o Feels it will diminish value of his retail buildings
• Feels reducing parking by 30% is mistake
o Kite Center does not have enough parking
o Need to be careful how much parking is reduced
o Does not want everyone parking along street(Executive Drive)
• Would love to see trees added to plan
• Bring building closer to Rangeline Road,not Executive Drive
Rebuttal:
Mr.Brown
• No variances requested for setbacks for Executive Drive
o Expansion complies with Overlay District
• Architectural features along Executive Drive
o Enhanced view for commercial neighbors across Executive Drive
o Commercial traffic in this corridor
• Expanding toward Rangeline Rd not realistic
o Take up greater number of parking spaces
o Proposed expansion eliminates 37 parking spots
o Need for variance of 100 parking spaces caused by increased size of store
• Goal of utilizing significant number of bushes is to soften impact of loss of trees
Public Hearing closed
Department Report:
Alexia Lopez
• Existing Kroger built before requirements of Rangeline Road Overlay
o Building does not meet many of the requirements
o Only Overlay requirement they cannot meet is maximum building footprint
• 40,000 square feet permitted; existing 64,810 with 13,956 expansion
• Do not believe 14,000 square feet addition will have negative effect
• Existing parking lot not fully utilized
o Reduction should not have negative effect on surrounding properties
o Other areas with more restaurants bring higher demand
o Ask variance is conditioned upon moving any and all donation and recycling bins to east of building
• Will free up parking spaces in front
• Improve clutter and aesthetics of property
• Landscape Ordinance recently amended to require 50%of trees on commercial site be preserved
o Preserving about 44%with additional trees on site to offset tree removal
o Recommend planting a couple new trees in bufferyard adjacent to proposed expansion
• Would help soften look of building for adjacent properties
• Maybe trees between columns on north elevation
• Maybe lights could be moved or wall sconces installed
• Storm sewer in bufferyard,but may be deep enough for trees on top
• Two additional signs
Page 3 of 6
Carmel Board of Zoning Appeals
August 25,2014 Meeting
o One facing north toward Executive Drive(Kroger)
o One facing west toward Rangeline Road(new tenant)
o Currently three signs on west facade(Rangeline Road) and none facing north(Executive Drive)
o Petitioner worked with Department to reduce size of signs to meet the Ordinance
• Variance no longer needed for size of signs
o Do not see need for additional west facade sign; however, it will balance the Starbucks tenant signage
Department recommended favorable consideration of all the variances with the Condition of permanently moving
the donation and recycling bins to the east side of building.
Discussion:
Mr. Dierckman with Mr.Brown:
• Purpose of sign on north end of building?
o Anyone seeing the building will know it is a grocery store
o Architecturally breaks up large brick area
o Indicates which grocery store
• Believe it is important for traffic
o Anyone on Rangeline Road will see the Kroger sign on west facade
o Variance is for two additional signs; north(Kroger) and west(tenant Murray Cheese)
o Detrimental to businesses across Executive Drive to have to look at large Kroger sign
• Less than 5 feet tall; relatively small for length of 214-foot facade
• Calculation for minimum number of parking spaces(392) is based on expanded store size
o Only eliminating 37 existing parking spots
o Already under Overlay requirement
• Engineered soil would probably help trees have longer life in bufferyard
o Consider 4 to 6 trees along north edge
o Trees would be better than just brick
Ryan Rediger
o Not sure Carmel Engineering Department would look favorably at trees on top of storm sewer system
• May be multiple easements along with storm and water quality features
• Would need to talk to Engineering Department
Mrs.Lopez
o Would like to work with Engineering Department and Urban Forester to come up with species that would
be appropriate in that location
• It is private storm sewer; not in public right-of-way
• About six feet deep; might be out of root area
Mr.Dierckman
o Trees would make a difference from his perspective
Mr.Brown
o Petitioner willing to Commit to adding four additional trees provided EMH&T and Engineering can come
to agreement about root ball and root expansion so it does not get into storm water and foundation of
expanded building
• Revision to landscape plan subject to Staff's review
Mr.Dierckman
o Probably need irrigation installed to preserve bushes and trees along brick
Mr.Potasnik:
• Felt landscaping should not be open ended; no negotiations between engineering firm and City
o Petitioner commit to doing it and City figure out way trees will go in
• First time he ever heard anybody use a sign on uninspiring facade for aesthetics
o Did not see hardship
o Anyone traveling along Rangeline Road will know what the building is
Page 4 of 6
Carmel Board of Zoning Appeals
August 25,2014 Meeting
• New people probably will not know how to access Executive Drive off Carmel Drive to come
back around to Kroger
o Would like to see trees to break up north side or some inspired architecture
Mr.Lockwood:
• Thought green wall or trellis feature might be alternative for facade
o Root structure would be less
o Balance on either side of center section
• Not sure sign is advantage
• Addition appears to cross 10-foot build-to line
Mrs.Lopez
o With zero setback, building could be all the way up to property line
• 10 feet is maximum it can be set back from property line
Mr.Hawkins with Mr.Brown:
• Asked for clarification on landscape plan
o Executive Drive and bushes indicated
• Any new proposed Kroger store would be 100,000 to 120,000 square feet
• On site plan, recycling/donation bins are shown on southeast corner
o As agreed with Staff, they will be located on the east
Mrs.Lopez
o Department would like to see them moved from Rangeline Road frontage
• South or east side would be acceptable
• Store now has two street frontages
o Permitted signage on each street frontage
o Compliance with other commercial uses along Executive Drive
Mr.Dierckman:
• Wanted Commitment regarding trees
Mr.Brown:
• If City Engineering and Planning Staff cannot agree with the Kroger proposal,they would need to come back to
Board to ask for modification to Commitment
Mrs.Lopez with Mr.Lockwood:
• Project has been approved through Plan Commission process
o If landscaping is not resolved, it would be forwarded to future meeting
Mr.Potasnik with Mr.Brown:
• Did not have sign on Executive Drive previously because of larger setback
o Executive Drive becoming more of street frontage with expansion
o This is significant change in store
• From 50-foot setback to less than 10-foot setback
• Changes viewpoint to store
Mr.Potasnik with Brieanna Ramsey
• Turkey Hill is a division of Kroger
o Division in Indianapolis that controls stores is Central Division
o Turkey Hill is its own division
o Kroger does not control Turkey Hill
o Part of same parent company
• She would need to check if there is reciprocal parking for any overflow
Page 5 of 6
Carmel Board of Zoning Appeals
August 25,2014 Meeting
DECISION:
Board had difficulty with some of the variances. Only four members present; need three votes for approval.
Petitioner asked to Table to the September 22 meeting.
NOTE:
Mr. Dierckman not scheduled to attend September 22 meeting. However, he will come in for this item.
6-10. TABLED TO SEPTEMBER 22ND (UV,V) St.Vincent Heart Center Helipad
helicopter landing facility:
Docket No. 14070012 UV ZO CH 16.01 Permitted Uses
Docket No. 14070013 V ZO CH 23B.07: Min Tract Sizc 5 Acres, 1.33 acres proposed
Docket No. 14070014 V ZO CH 33.05.A: Perimeter Bufferyards,0 provided
I .
• . 1 11 t 1 I • . . .. . .
Greenbelt-proposed
1 . • • 1 1 1 •. - 1 . . I .. •
US 31 Corridor Overlay. Filed by Paul Reis of Krieg DeVault on behalf of St. Vincent Heart Center of Indiana,
LLC.
Adjournment:
Motion: On a motion made by James Hawkins and seconded by Leo Dierckman:
The Meeting be adjourned.
MOTION CARRIED UNANIMOUSLY
The meeting adjourned at 6:59 p.m.
Approved this Z-2.. day of P',-(yiii 20 iqf.
resident—Ja es Hawkins Secretary— e.nnir ingley
Filename:8.25.2014 regular meeting.doc
Page 6 of 6