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HomeMy WebLinkAboutPacket 03-26-12 12020014 12020022Paul G. Reis, Esq. KRIEG JEVAULTLP CARMEL BOARD OF ZONING APPEALS Carmel, Indiana HEARING OFFICER March 26, 2012 Docket Numbers 12020014 V Building Setbacks, The Centre 12020022 V Pedestrian Circulation, The Centre K/TE REALTY GROUP The Centre Partial Redevelopment of Retail Center 1 6 KRIEG DEVAULT.„ KITE REALTY GROUP The Centre Partial Redevelopment of Retail Center Carmel Board of Zoning Appeals Docket Nos. 12020014 V Building Setbacks, The Centre 12020022 V Pedestrian Circulation, The Centre INFORMATION BOOKLET TABLE OF CONTENTS 1. Findings of Fact Ballot Sheet Building Setbacks Variance Proposed Findings of Fact 2. Findings of Fact Ballot Sheet Pedestrian Circulation Variance Proposed Findings of Fact 3. Statement of Variances 4. Statement of Support 5. Aerial Photo of Site 6. Overall Site Plan for Retail Center Redevelopment 7. Building Setback Exhibit 8. Sidewalk Path Exhibits Docket No.: Petitioner: 1. 2. 3. DATED THIS CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE Carmel, Indiana 12020014 V Building Setbacks KRG Centre, LLC DAY OF 20 Board Member Page 9 filename: development standards variance 2012.doc rev. 12/28/2011 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Docket No.: 12020014 V, Building Setbacks 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 redevelop and revitalize an existing retail center that is suffering from reduced occupancy resulting from the relocation of the anchor tenant. The proposed increased building setback 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 redevelopment of the property, the enhanced appearance and operation of the retail center and the increase in the value of the property; all of which will enhance 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: this is a partial redevelopment of the site and the current bank building is being relocated to a location within the site that will not allow for 10 foot building setback and a safe drive thru banking traffic pattern. The strict application of the Zoning Ordinance, specifically certain provisions of Chapter 23F Carmel Drive -Range Line Road Overlay Zone will result in practical difficulties in the use of the property and effectively preclude the proposed redevelopment of the site and the relocation of the bank building. 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 day of 20 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals DECISION Conditions of the Board are listed on back. Petitioner or representative to sign. Carmel, Indiana Docket No.: 12020022 V Pedestrian Circulation 8' Sidewalks Petitioner: KRG Centre, LLC Centre Associates 2. 3. DATED THIS CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET: FINDINGS OF FACT, DEVELOPMENT STANDARDS VARIANCE DAY OF 20 Board Member Page 9 filename: development standards variance 2012.doc rev. 12/28/2011 CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE Docket No.: 12020022 V, Pedestrian Circulation Petitioner: KRG Centre, LLC and Centre Associates 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 redevelop and revitalize an existing retail center that is suffering from reduced occupancy resulting from the relocation of the anchor tenant. The proposed retention of the existing sidewalk along Range Line Road 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 redevelopment of the property, the enhanced appearance and operation of the retail center and the increase in the value of the property; all of which will enhance 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: this is a partial redevelopment of the site and there are future plans to create a new streetscape along Range Line Road which may include on street parking and a reconstruction of the pedestrian sidewalk. The strict application of the Zoning Ordinance, specifically certain provisions of Chapter 23F Carmel Drive -Range Line Road Overlay Zone, will result in practical difficulties in the use of the property and the future redesign and reconstruction of the Range Line Road streetscape. 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 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals day of 20 Conditions of the Board are listed on back. Petitioner or representative to sign. KITE REALTY GROUP The Centre Partial Redevelopment of Retail Center Carmel Board of Zoning Appeals Docket Nos. 12020014 V Building Setbacks, The Centre 12020022 V Pedestrian Circulation, The Centre STATEMENTS OF VARIANCES 1. Development Standards Variance for Increase in Building Setback for Bank In connection with the partial redevelopment of The Centre retail center located at the northwest corner of the intersection of Range Line Road and 116 Street. KRG Centre, LLC and its affiliate Kite Realty Group (collectively referred to as "Kite are proposing to relocate the current bank building in the center from the southeast corner of the site to a location immediately to the west along 116 Street. In connection with the relocation and reconstruction of the bank building, Kite is requesting a development standards variance to increase the maximum build to line under Chapter 23F. 05 from 10 feet to 65 feet to accommodate the necessary parking and drive -thru traffic circulation necessary for the drive -thru teller and ATM functions. 2. Development Standards Variance for Preservation of Current Sidewalk along Range Line Road In connection with the partial redevelopment of the retail center, Kite has been in discussion with the City of Carmel concerning the partial redevelopment of The Centre and the future plans to redevelop the streetscape along Range Line Road adjacent to The Centre. In order to maintain the current parking spaces and to accommodate the future streetscape along Range Line Road, Kite is requesting a development standards variance from Chapter 23F. 14 to allow the current 5 foot sidewalk to remain in place in lieu of installing a new 8 foot sidewalk at this time. 1 6 KRIEG I DEVAULT,. KITE REALTY GROUP The Centre Partial Redevelopment of Retail Center Carmel Board of Zoning Appeals Docket Nos. 12020014 V Building Setbacks, The Centre 12020022 V Pedestrian Circulation, The Centre STATEMENTS IN SUPPORT OF VARIANCES 1. Development Standards Variance for Increase in Building Setback for Bank In connection with the relocation and reconstruction of the current bank building, Kite is requesting a development standards variance to increase the maximum build to line under Chapter 23F. 05 from 10 feet to 65 feet. This variance is necessary in order to accommodate the necessary bank parking and the drive -thru traffic circulation necessary for the drive -thru teller and ATM functions. The relocation of the bank with respect to the distance from the right of way of 116 Street will be essentially the same as the current location of the bank. Without this variance, the bank will not be able to function properly and will preclude its relocation. This will frustrate the partial redevelopment plans for the retail center which include the construction of a new retail building at the northwest corner of the intersection that will conform with the setback requirements for the Carmel Drive Range Line Road 2. Development Standards Variance for Preservation of Current Sidewalk along Range Line Road In order to maintain the current parking spaces and to accommodate the future streetscape along Range Line Road, Kite is requesting a development standards variance from Chapter 23F. 14 to allow the current 5 foot sidewalk to remain in place in lieu of installing a new 8 foot sidewalk at this time. It is imperative to the partial redevelopment of the retail center that the number of parking spaces not be reduced. In the discussions of the right of way issues along Range Line Road, the construction of a new sidewalk, the development of a new streetscape along Range Line Road and the possible construction of a roundabout at the intersection of 116 Street and Range Line, the parties agreed that the construction of a new sidewalk at this time is premature and could negatively impact the current partial redevelopment of The Centre and the future streetscape. As a condition to this variance, Kite will agree to cooperate with the City in the cost of reconstructing the sidewalk along Range Line Road. KD_4037935_1.DOCX 16 KRIEG JEV,AULT,