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HomeMy WebLinkAboutCorrespondence Conn, Angelina V From: Paul G. Reis [preis @kdlegal.com] Sent: Wednesday, November 14, 2012 10:32 AM To: Conn, Angelina V Subject: RE: The Centre, pending variances? Angie Let this email serve as formal notice of withdrawal of the variances requested for all of the items except"parking". I want to revisit that item and talk with you before I withdraw that petition. Many thanks. My apologies for not doing this sooner. Best regards, Paul Paul G.Reis Partner Krieg DeVault LLP 1 12800 N Meridian Street I Suite 300 I Carmel, IN 46032 Phone:317-238-6293 I Cell:317-431-0063 I Fax:317-636-1507 preis @kdiegalrcorn www:knegdevault com !V Card l,,Bio: tr. IEG J DEVAULT Indiana I Illinois I Georgia I Florida I Minnesota CONFIDENTIALITY STATEMENT This e-mail message is for the sole use of the recipient(s)and may contain confidential and privileged information.Any unauthorized review,use,disclosure or distribution is prohibited.If you are not the intended recipient(s),please contact the sender by reply e-mail and destroy all copies of the original message.IRS Circular 230 Notice:Advice rendered in this communication,including attachments,on U.S.tax issues(i)is not intended or written to be used,and it cannot be used,for the purpose of avoiding penalties that may be imposed by the IRS on taxpayers,and(ii)may not be used or referred to in promoting,marketing or recommending a partnership or other entity,investment plan or arrangement.This notice is intended to comply with Section 10.35 of IRS Circular 230,which is located at http://www.irs.gov/pub/irs-pdf/pcir230.pdf. From: Conn, Angelina V [mailto:AconnOcarmel.in.gov] Sent: Wednesday, November 14, 2012 10:29 AM To: Paul G. Reis Cc: Donahue-Wold, Alexia K; Tingley, Connie S Subject: The Centre, pending variances? Hi, Paul— Just wondering if you are ready to withdraw these variances, of if you want to hold a public hearing at the Nov. 26 BZA hearing officer meeting: 3-7. (V)The Centre. The applicant seeks the following development standards variance approvals for a partial redevelopment of the site: Docket No. 12020018 V ZO CH 23F.09 Construction Materials Docket No. 12020019 V ZO CH 23F.10 Architectural Design Docket No. 12020020 V ZO CH 23F.11 Landscaping Docket No. 12020021 V ZO CH 23F.12 Lighting Docket No. 12020023 V ZO CH. 23F.15 Parking The site is located at 13/-2 1130 S. Range Line Rd, at the northwest corner of 116'4'St. and Range Line Rd. It is Kite Realty Co. 1 Conn, Angelina V From: Paul G. Reis [preis @kdlegal.com] Sent: Wednesday, March 21, 2012 4:22 PM To: Tingley, Connie S; Kevin G. Buchheit, AICP Cc: Conn, Angelina V; Boone, Rachel M.; Donahue-Wold, Alexia K Subject: RE: BZA Good Afternoon: Thank you the department report on the variances for The Centre. Please note that the variance for parking has not been withdrawn at this time. It is to be tabled and not withdrawn until the final site design for Phase II is completed and we determine that we can and do file a zoning waiver. Many thanks. Best regards, Paul Paul G.Reis Partner Krieg DeVault LLP 1 12800 N Meridian Street I Suite 300 I Carmel, IN 46032 Phone:317-238-6293 I Cell:317-431-0063 I Fax:317-636-1507 13 " [rels(aik lle�al corn I www knegdevauft corn I V-Card41 g lts KniEc I DEVAULT, Indiana I Illinois I Georgia I Florida I Minnesota • CONFIDENTIALITY STATEMENT This e-mail message is for the sole use of the recipient(s)and may contain confidential and privileged information.Any unauthorized review,use,disclosure or distribution is prohibited.If you are not the intended recipient(s),please contact the sender by reply e-mail and destroy all copies of the original message.IRS Circular 230 Notice:Advice rendered in this communication,including attachments,on U.S.tax issues(i)is not intended or written to be used,and it cannot be used,for the purpose of avoiding penalties that may be imposed by the IRS on taxpayers,and(ii)may not be used or referred to in promoting,marketing or recommending a partnership or other entity,investment plan or arrangement.This notice is intended to comply with Section 10.35 of IRS Circular 230,which is located at http://www.irs.gov/pub/irs-pdf/pcir230.pdf. From: Tingley, Connie S [mailto:CTinclley@cicarmel.in.gov] Sent: Wednesday, March 21, 2012 3:55 PM To: Paul G. Reis; Kevin G. Buchheit, AICP Cc: Conn, Angelina V; Boone, Rachel M.; Donahue-Wold, Alexia K Subject: BZA Attached are the Agenda and Dept Reports for Our Lady of Mount Carmel and The Centre for the Monday, March 26, 2012, 5:15 pm BZA Hearing Officer meeting. Please remember to bring 2 completed Findings of Fact sheets and 2 Ballot sheets for each docket. Please let us know if you have any questions. • • I KPIEGI :JEVAULT® TO: Ramona Hancock, Secretary 1 ,� Carmel Board of Zoning Appeals 9 2012 • FROM Paul G. Reis. Attorney for KRG Centre, LLC and Centre Associate ` �,.� _ �� CC: Angie Conn, Planning Administrator RE: Development Standards Variances for The Centre Partial Redevelopment Project DATE: March 19, 2012 In preparation for the upcoming Carmel Board of Zoning Appeals Hearing Officer meeting scheduled for March 26, 2012, I am requesting that the following docket items be tabled pending further site and building design review by the Department of Community Services in connection with the partial redevelopment of the retail center. 1. 12020018 V-Construction Materials 2. 12020019 V—Architectural Design 3. 12020020 V— Landscaping 4. 12020021 V—Lighting 5. 12020023 V — Parking (this request may be withdrawn upon the filing of a zoning waiver) Please contact me if you wish to discuss this request. 12800 N. MERIDIAN STREET• SUITE 300 • CARMEL, IN 46032 TELEPHONE (317) 566-1110 • FAX (317) 636-1507 • E-MAIL krieg @kdlegal.com • Conn, Angelina V From: Paul G. Reis (preis @kdlegal.com] Sent: Friday, March 16, 2012 1:56 PM To: Hollibaugh, Mike P; Conn, Angelina V Cc: 'Ashley Bedell'; David George; Mark S. Jenkins; 'Rich Kelly; 'Kara Strickland' Subject: Variances for March 26 Hearing Officer Attachments: Proposed Path along 116th Street.pdf Mike and Angie: Based on our several conversations, meetings, etc., I believe this is the current status of the variances for the project. The following variance requests will be considered on 3/26: 1. 12020014V-Variance from Section 23F..05 Building Setback: development standard that all buildings must be no more than 10'feet from the right of way line;to accommodate the construction of the new bank building along 116th Street no more than 65 feet from the right of way. 2. 12020022V—Variance from Section 23F. 14 Pedestrian Circulation: sidewalks along public streets shall be a minimum of 8'feet in width; to allow current 5' sidewalk along Range Line Road to remain in place until the Range Line Road streetscape reconstruction occurs. As condition to this approval, KRG Centre, LLC will enter into an agreement with the City that states that KRG Centre, LLC will participate in the cost of construction of an 8' sidewalk along Range Line Road adjacent to the site when the Range Line Road streetscape reconstruction occurs. KRG Centre, LLC will install an 8' path along 116`h Street from the corner of the intersection of Range Line Road and 116`h Street west to match the existing path. Please see the attached exhibit. Docket Nos. 12020018V through 12020022V and 12020023V will be tabled and withdrawn as appropriate once the development plan is finalized. Best regards, Paul Paul G.Reis Partner Krieg DeVault LLP 1 12800 N Meridian Street I Suite 300 I Carmel,IN 46032 Phone:317-238-6293 I Cell:317-431-0063 I Fax:317-636-1507 ltpreisCpukdlexal corn I www.kriexdevault com lLV Card I Bio; I j • KniE0 DEVAULT. L Indiana I Illinois I Georgia I Florida I Minnesota CONFIDENTIALITY STATEMENT This e-mail message is for the sole use of the recipient(s)and may contain confidential and privileged information.Any unauthorized review,use,disclosure or distribution is prohibited.If you are not the intended recipient(s),please contact the sender by reply e-mail and destroy all copies of the original message.IRS Circular 230 Notice:Advice rendered in this communication,including attachments,on U.S.tax issues(i)is not intended or written to be used,and it cannot be used,for the purpose of avoiding penalties that may be imposed by the IRS on taxpayers,and(ii)may not be used or referred to in promoting,marketing or recommending a partnership or other entity,investment plan or arrangement.This notice is intended to comply with Section 10.35 of IRS Circular 230,which is located at http://www.irs.gov/pub/irs-pdf/pcir230.pdf. 1 Conn, Angelina V From: Paul G. Reis [preis @kdlegal.com] Sent: Friday, March 16, 2012 12:59 PM To: Conn, Angelina V Subject: RE: Proposed Variances for Consideration on March 6 Angie I am working on the committee booklet right now but I was thinking that we would do the building setback and the pedestrian circulation. Under the pedestrian circulation variance we would request relief from the path requirement along Range Line but with the condition that Kite would agree to participate in the cost of the installation of a 8'foot path at the time that the streetscape construction along Range Line occurs in the future to provide on street parking and the construction of the roundabout at the intersection of Range Line and 116th. We will install a 8' path along 116th Street which matches the path to the west in conformance with the requirements of the overlay. Be in touch soon. Paul From: Conn, Angelina V [mailto:Aconn @carmel.in.gov] Sent: Friday, March 16, 2012 12:54 PM To: Paul G. Reis Subject: RE: Proposed Variances for Consideration on March 6 Hi, Paul—does this amended list look correct,for the meeting agenda? (V) The Centre. The applicant seeks the following development standards variance approvals for partial redevelopment of the site: Docket No. 12020014 V ZO Chptr. 23F.05 Building setbacks TABLED TO APRIL 23: Docket No. 12020018 V ZO Chptr. 23F.09: Construction Materials TABLED TO APRIL 23: Docket No. 12020019 V ZO Chptr. 23F.10: Architectural Design TABLED TO APRIL 23: Docket No. 12020020 V ZO Chptr. 23F.11 Landscaping TABLED TO APRIL 23: Docket No. 12020021 V ZO Chptr. 23F.12 Lighting TABLED TO APRIL 2377'? Docket No 12020022 V ZO Chptr. 23F.14: Pedestrian Circulation WITHDRAWN ? ,? Docket No. 12020023 V ZO Chptr. 23F.15 Parking The site is located at 1342-1430 S. Range Line Rd,at the northwest corner of 116th St. and Rangeline Rd. It is zoned B-3/Business,within the Carmel Dr. Rangeline Rd. Overlay Zone. Filed by Paul Reis of Krieg Devault, for Kite Realty Co. -Angie Conn, Planning Administrator From: Paul G. Reis [mailto:preis @kdlegal.com] Sent: Monday, February 27, 2012 9:11 PM To: Conn, Angelina V; Hollibaugh, Mike P Cc: David George; Ashley Bedell; 'mjenkins @kiterealty.com'; 'Rich Kelly' Subject: Proposed Variances for Consideration on March 6 Angie and Mike: Following our meeting, pending approval by our client, I am proposing to present the following variances on March 6 and table the remaining variances as set forth below: Docket Numbers to be considered on March 6: 1 Conn, Angelina V From: Paul G. Reis [preis @kdlegal.com] Sent: Tuesday, May 15, 2012 11:25 AM To: Conn, Angelina V Subject: RE: The Centre - remaining BZA variances Angie • We will need to table at this time. Final action will be taken once the Corner Retail Building is approved as well as the ADLS amend for the remodeling of the B shops in the The Centre. Many thanks. Best regards, Paul From: Conn, Angelina V [mailto:AconnOcarmel.in.gov] Sent: Monday, May 14, 2012 12:40 PM To: Paul G. Reis Cc: Tingley, Connie S; Donahue-Wold, Alexia K Subject: FW: The Centre - remaining BZA variances Hi Paul—just checking on the status of these variance requests.The BZA hearing officer agenda goes out this Friday. Please let me know by Wednesday evening if you want to table the variances to the June 25 meeting, or if you want to withdraw any of them. Thank you, Angie Conn, Planning Administrator From: Conn, Angelina V Sent: Thursday, April 26, 2012 12:08 PM To: 'Paul G. Reis' Subject: RE: The Centre - remaining BZA variances Thanks for the quick response. -Angie Conn, Planning Administrator From: Paul G. Reis [mailto:preisOkdlegal.com] Sent: Thursday, April 26, 2012 12:07 PM To: Conn, Angelina V Subject: RE: The Centre - remaining BZA variances Angie I am anticipating that we would table but won't know until we get a positive recommendation from the Committee and the approval of the Plan Commission. In the event that changes are made that require variances, I would like to be able to proceed under the variances on file.Thanks Best regards, Paul Paul G.Reis Partner Krieg DeVault LLP 1 12800 N Meridian Street I Suite 300 I Carmel,IN 46032 Phone:317-238-6293 I Cell:317-431-0063 I Fax:317-636-1507 1 Conn, Angelina V From: dickwertkw@gmail.com on behalf of Dick Wert[dick @indianastorefixture.com] Sent: Friday, March 09, 2012 10:19 AM To: Conn, Angelina V Subject: info Good Mornin g Angie ie Thanks again for your quick response and pro-active approach to the Centre project and Kite Realty Group. I have a response already from Kite and they would like to meet with us. Ashley Bedell from Kite as has made contact. I have worked with the City of Carmel on other projects and it has always been a positive experience. Thanks Again for your help, Dick Wert (owner of Indiana Store Fixture) FAIRGREEN TRACE RESIDENT. Dick Wert Indiana Store Fixture 1135 3rd Ave. SW Carmel, IN 46032 317-580-1492 (o) 317-439-2043 (c) www.indianastore f fixture.con • 1 Conn, Angelina V From: Conn, Angelina V Sent: Wednesday, March 07, 2012 11:37 AM To: 'Paul G. Reis' Cc: 'Rich Kelly'; Mindham, Daren; Hollibaugh, Mike P; 'Kevin G. Buchheit, AICP' Subject: RE: CDRR overlay&30-ft buffer Yes, you will most likely need a BZA Variance or Plan Commission Waiver for partially affecting the 30-ft wide buffer that runs along the west side of the site... not sure if that would be from ZO chapter 26.04.06 or 23F.11. And yes,you can probably limit the planting to the just area disturbed by the anchor store construction and bringing that area up to code. Please work with Daren Mindham, City Forester, on that. It all depends how much green space and plantings on the overall site you will be affecting, as well. Thanks, -Angie Conn, Planning Administrator From: Paul G. Reis [mailto:preis(akdlegal.com] Sent: Monday, February 27, 2012 4:57 PM To: Conn, Angelina V Cc: 'Rich Kelly' Subject: RE: CDRR overlay & 30-ft buffer Angie: I agree.Thanks very much. I just glaze over the opening paragraphs. However,what about the Bufferyard Design Standards under 26.04.06? It requires a rear yard of 25' with Bufferyard Design Standards of a Bufferyard "D". I believe that we have the necessary rear yard but may need to do some clustering with the trees and plantings to meet the plantings required under"D"within that portion of the rear yard disturbed by the anchor store construction. If we assume that the Bufferyard is required,can we limit the plantings to just the area disturbed by the anchor store . construction? I will be sending the updated list of variances that we want to present on 3/6 and those that we wish to table. Best regards, Paul • Paul G.Reis Partner Krieg DeVault LLP 1 12800 N Meridian Street I Suite 300 I Carmel,IN 46032 Phone:317-238-6293 I Cell:317-431-0063 I Fax:317-636-1507 1‘ipreis@kdlegal corn I www:knegdevault corn I ev Card Kp 1E0 DEVAULT. Indiana I Illinois I Georgia I Florida I Minnesota CONFIDENTIALITY STATEMENT This e-mail message is for the sole use of the recipient(s)and may contain confidential and privileged information.Any unauthorized review,use,disclosure or distribution is prohibited.If you are not the intended recipient(s),please contact the sender by reply e-mail and destroy all copies of the original message.IRS Circular 230 Notice:Advice rendered in this communication,including attachments,on U.S.tax issues(i)is not intended or written to be used,and it cannot be used,for the purpose of avoiding penalties that may be imposed by the IRS on taxpayers,and(ii)may not be used or referred to in promoting,marketing or recommending a partnership or other entity,investment plan or arrangement.This notice is intended to comply with Section 10.35 of IRS Circular 230,which is located at http://www.irs.gov/pub/irs-pdf/pcir230.pdf. • 1 From: Conn, Angelina V [mailto:Aconn(c�carmel.in.gov] Sent: Monday, February 27, 2012 3:40 PM To: Paul G. Reis Subject: CDRR overlay & 30-ft buffer Hi, Paul—please see zoning ordinance chapter 23F.O0.01—it talks about the overlay superseding the underlying zoning. I do not think you need a variance for the 30-ft buffer yard along the west side of the parcel what do you think? Angie Conn, Planning Administrator City of Carmel Planning &Zoning Division Dept. of Community Services 1 Civic Square, 3rd Fir. Carmel, IN 46032 0: 317-571-2417 I F: 317-571-2426 I E: aconnPcarmel.in.gov Check out our new website: www.carmeldocs.com Please consider the environment before printing this e-mail 2 • • woo•arnhxcfaroisvuvrpur•nanny (o) £ti0Z-6£b-L I£ (o) Z6ti I-08S-L I£ Z£09 ' NI `IaUO MS '0AV PE SET I a rnpxz j arojg nuvzpul lzaM Xo1G 12I3M NIOIG S)INYH,L Q2idM2I03 lNIOd SIRL INOI d OQ NVO 3M IVHM Ol Sd 3SIAQd 3Sdalcl OS'IY 2I3 L.LVY�I iN3o2If11SO1A HILL NI NOIld2I3aJSNOO 3H.L 1101 SNINVH.L QOOHfIO lHOI3N aOVILL N3MIO2IIV3 moo•amlxgazolsguntputtn)xoLP :'IIVYV-312I3M}IOIQ Z£0917 VNVIQNI-13IAnIVO £tOZ-6£17-L I£ 'Hd'I'I3O 12if10O N3'IO'IPdiO ZZ9I I£L0-I8S-L I£ 'Hd 3YvOH l2IaM AQOf (INV)IOIQ Q fr 'OOSSV SIIaNMOaYAAOH mo of paluasazd aq of paau mom SNOIS3Q QHSOdO2Id GNV 30N3d UH,L 30'IdA02IddV i g,I,I}I Aq pautnlutuuz pug Alzadozd glj uo aq of paau mom aouaj au,I, '£ •lovj amooaq mom stunt pa[bid piano aql IsureSg aq lou mom am•Z uopogtlnuaq •p sxool •o Alunoas •q ICognud 'OS ONIOG 2I0d SNOSV32I '1 aLLNaD aql putuaq Apoasip ST stul •kpadozd aulIo aiqua alp auq iclzadoid lsga agluo twat anlua alp&utuuru aouaj iioBnud 43!.q}Ig loIU4suoo 01 df102IO Al Id32I 3lI?I ortnbaz pump Jo/CIDO 0131 l3ul lsanbaz mom am loafozd posodoid sup glint 3NI I Ai 1 Id02Id IS3M dH,.L NO guiNaO g L QNIH3H A'I10arna.Ldd2I.LS H,L9I I IV U LLV 0'I 30V2LL N332IO2IIdd '0 103f02Id IN3YAidO'IaAau32I 32IIN30 3H L 'S '0;L3.'IaUOIAI32I 2I31N30 ONIddOHS dill GV02I 3NI'I JONVII GNV Hl91 12I0d 30NVI2IVA GNV df102I0 xi-wall 3uI?I Ail I31f02Id u3S0d02Id dill m3N32IadmI 'V 'NOISSIYAIYIIOD Nv'Id Puu `yZH :spieoq znoX of uo uotleuuojut stul ssud asu0id • ?I000NVH•VNOIAIV I(INV NNOO 3IONd :Nlld NOISSIMAIOO NV'Id lmY d3 3Hl (INV Vat 3Hl aoN32I3332I N2I30NO0 AVIAI lI Y\IOHM Ol (slualpsaa aoeai uaaa5a!ej Aq aoual palsanbaa aaluao aql) op! :pa[gns g euowe ! VooueH ;A eu!!aouy 'uuoj :ol Wd OZ:11 ZIOZ 'LO goaeW 'AepsaupaM :;uas IaOM 1a!a 10 Jlegae u01woo•l!ew60m)13a0n0olP:040ew1 woo•!!ew6 M)laann)oi :wcuA CARMEL BOARD OF ZONING APPEALS '2 �� ,�,, ,�� � � HEARING OFFICER DEPARTMENT REPORT MARCH 6, 2012 O . S 1-10. (V) The Centre. © .2S 4/t� The applicant seeks the following development standards variance approvals for partial redevelopment of the site: :4-. �:. .+:.ikit r ZO Chptr.23F.05 Building setbacks Fb, Doc et 0 12020Q1 v ZO Chptr.23F.06 Building Orientation 70 0 cx.Y-c�a'i -e`V CD socket No. 020016 ZO Chptr.23F.07 Building Height— F'; an?gr #4 . Q 11 oc e■o. -1 0017 V ' ZO Chptr.23F.08 Building Footprint 1 /112 ®<S' ; TABLED to arch 26: Docket No. P020018 V ZO Chptr. 23F.09 Construction Materials ZTABLED to March 26: Dockot No. 12020019 V ZO Chptr. 23F.10 Architectural Design 3 TABLED to March 26: Docket No. 12020020 V ZO Chptr. 23E11 Landscaping TABLED to March 26: Docket No. 12020021 V ZO Chptr. 23F.12 Lighting hf !o- , :. : II ZO Chptr.23F.14 Pedestrian Circulation 5 TABLED to March 26: Docket No. 12020023 V 0 Chptr. 23F.15 Parking The site is located at 1342-1430 S.Range Line Rd,at the northwest corner of 116t St. and Rangeline Rd. It is zoned B- 3/Business,within the Cannel Dr. Rangeline Rd. Overlay Zone. Filed by Paul Reis of Krieg Devault,for Kite Realty Co. ,4 q "ter; } e YffE 7 Y* tc f:,,,,,, ¢I ErN'^ General Info &Analysis: ..., 4 ',n,44,1?:. x The petitioner seeks the following variance approvals for Phase 1 of The 3 r `y� 4;; Centre's redevelopment project, in order to rebuild the former Osco and CVS §t .4 _; ,;;M P tenant space, to bring in a grocery store tenant. Portions of the existing 4o building will be removed permanently, portions will be rebuilt, and a few new ' 1 ! ' � 44.,..'-,t#41 standalone buildings will be built as a part of this project. As this is a partial K 4,,',U,,,,:444.11 M ,, redevelopment project and not a complete tear down, it is understood that , ( _ A many variances will be needed. t. ,,,, n q ', –..7: •: The Department is in support of the variances for the building orientation, , "� " the building height and the building footprint, and previous projects have �'1�� � t�'�z �" �q g g g P � P� P j i a � �F r,1:24[,,,,V, -,��r � , . �,, received similar approvals. In these instances,the requirements in the overlay would be near impossible to meet since much of the existing building is a °� „+, �. � remaining. However, the variance for building height should only apply to r �' tz the new Old National Bank building. The Overlay requirement for height a '' � ti r, .. 4 V-,:-I'''' nd µ ;i, and a 2 floor that is occupiable should still be required for the proposed ,: 1j 11. ,p, new multi-tenant building along Range Line Rd and the new building at the �a :. ta*� „_ ,t corner of 116th and Range Line. Also,it is understood that the tenant space for ' - � a 4.��� 0E * the new grocery store will be built to appear as it it is two stories tall as part of " lY "a the exterior remodel.• , ,, _, y 4 k The department is not inclined to support the variance for building setbacks -• „4 , as it relates to the new Old National Bank. If possible, the Department woul „.„ y . ,' �_ 4. a, V11', like to see this building pulled up to 116th in a way that will continue the . r" "' 2-11P,14, ,, :` streetscape that will be created by the new building at the corner of 116th and - "'Ii ''"; ', -`4r Ville Range Line Road. The Department would also like clarification that if .0,. k granted, this variance will not apply to the new building at the corner of 116th ,wyst'�" `` �'A � . and Range Line nor the new multi-tenant building proposed to the north. The department is not in support of the variance for pedestrian circulation. Pedestrian and bicycle accessibility is an important goal of the City's and it has been for many years. In light of the many variances that the petitioner is seeking, the Department thinks that this minimum requirement is one they should strive to achieve. As this site is redeveloped,it will attract more users,including pedestrian& bicyclists and it is important that the project accommodates them as well as the automobile, especially considering the proximity of the site to the Monon Trail and the new trail connecting to Central Park. Please see the informational packet for more detail on this variance request. Findings of Fact,Building Setback: 1. The approval of this variance will be injurious to the public health,safety,morals,and general welfare of the community because: it is not supportive of the City's goals for this important corridor and this important corner. Additional setbacks will detract from the character of this area and undermine the intent of the Carmel Drive—Range Line Road Overlay. 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: these variances will allow for partial redevelopment of this site. However,this variance is not supportive of the City's goals for this important corridor and this important corner. Additional setbacks will detract from the character of this area and undermine the intent of the Carmel Drive— Range Line Road Overlay. 3. The strict application of the terms of the Zoning Ordinance to the property will not result in practical difficulties in the use of the property because: the department believes that all of the new buildings proposed can meet the setback requirements of the overlay,especially since many of the other requirements of the overlay will not have to be met. Findings of Fact,Building Orientation: 1. The approval of this variance will not be injurious to the public health,safety,morals,and general welfare of the community because: this variance will allow for partial redevelopment of this site which will improve this area and will be an enhancement for the community. 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: this variance will allow for partial redevelopment of this site which will improve this area and will be an enhancement for the area. 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 only a partial redevelopment. The existing buildings do not meet the current ordinance and by keeping many of them it makes it difficult to properly design and redevelop the other portions of the property. Findings of Fact,Building Height: 1. The approval of this variance will not be injurious to the public health,safety,morals,and general welfare of the community because: this variance will allow for partial redevelopment of this site which will improve this area and will be an enhancement for the community. 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: this variance will allow for partial redevelopment of this site which will improve this area and will be an enhancement for the community. 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 only a partial redevelopment. The existing buildings do not meet the current ordinance and by keeping many of them it makes it difficult to properly design and redevelop the other portions of the property,however the new buildings should be able to meet the building height requirement. Findings of Fact,Building Footprint: 1. The approval of this variance will not be injurious to the public health,safety,morals,and general welfare of the community because: this variance will allow for partial redevelopment of this site which will improve this area and will be an enhancement for the community. 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: this variance will allow for partial redevelopment of this site which will improve this area and will be an enhancement for the community. 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 only a partial redevelopment. The existing buildings do not meet the current ordinance and by keeping many of them it makes it difficult to properly design and redevelop the other portions of the property. Findings of Fact,Pedestrian Circulation: 1. The approval of this variance will be injurious to the public health,safety,morals,and general welfare of the community because: it will make it more difficult for pedestrians to navigate this site which could pose a safety hazard. 2. The use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse manner because: other projects in the area have been or will be required to provide adequate pedestrian circulation as they redevelop. If this property does not provide pedestrian circulation,then it will make it more difficult for other sites to connect to and properly transition to this project. 3. The strict application of the terms of the Zoning Ordinance to the property will not result in practical difficulties in the use of the property because: pedestrian circulation,while important,is one small piece of this redevelopment project and compliance with this standard would not render this site unusable. In fact,it would enhance the site as it would make it easier for patrons to access and navigate the development. 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Reis'; Conn, Angelina V Cc: David George; Ashley Bedell; 'mjenkins @kiterealty.com'; 'Rich Kelly'; Donahue-Wold, Alexia K Subject: RE: Proposed Variances for Consideration on March 6 Paul,thank you for sending this. I think it closely covers how we ended up yesterday. As we understand the program today, DOCS is onboard with three of the variances for: 1) Building Orientation—70%frontage req; 2) Building Height— Financial Institution, and 3)Building Footprint—FAR. We are working to come to grips with the setback variance for the bank and would like to arrange a meeting with Les Olds to talk through design options which may allow the building to be placed more in-line with the planned Walgreens. The last variance,for Pedestrian Circulation, is a variance we are not ready to support at this time. It is my recollection from yesterday that we were talking through options for access and traffic flow, including pedestrian facilities without conclusion. It seems like this variance should be considered as one for later hearing,to allow us more time to work out details. We would also ask that you forward as much supporting material as you can, as soon as you possibly can, so we can continue work on review of the project. Thanks, Mike Hollibaugh From: Paul G. Reis [mailto:oreisakdlegal.com] Sent: Monday, February 27, 2012 9:11 PM To: Conn, Angelina V; Hollibaugh, Mike P Cc: David George; Ashley Bedell; 'mjenkins @kiterealty.com'; 'Rich Kelly' Subject: Proposed Variances for Consideration on March 6 Angie and Mike: Following our meeting, pending approval by our client, I am proposing to present the following variances on March 6 and table the remaining variances as set forth below: Docket Numbers to be considered on March 6: 12020014V—Building Setbacks-Increase build-to-line along 116th Street to 65 feet to accommodate the new bank building and parking area 12020022V—Pedestrian Circulation—Sidewalks along Range Line Road and 116th Street shall continue to be a minimum of five (5)feet in width,the width of the sidewalks currently in place. Docket Numbers to be tabled until the Hearing Officer Meeting of March 26 or possibly to be withdrawn pending further design and consultation: 12020015V(partial)—Building Orientation—Principal Buildings must have a primary entrance from a public street. 12020018V—Construction Materials 12020019V—Architectural Design 12020020V—Landscaping 12020021V—Lighting 12020022V(partial)—Pedestrian Circulation—Walkways to provide access between rear parking areas and Principal Buildings or the street 12020023V—Parking—Plus and additional variance may be required for number of spaces under Section 27.08 or a Plan Commission Waiver for number of spaces required. • Please contact me to confirm your concurrence with this approach. To the extent that our client wishes to modify any of the above, I will contact you immediately. • 1 • Conn, Angelina V From: Paul G. Reis [preis @kdlegal.com] Sent: Monday, February 27, 2012 4:57 PM To: Conn, Angelina V Cc: 'Rich Kelly' Subject: RE: CDRR overlay&30-ft buffer Angie: I agree.Thanks very much. I just glaze over the opening paragraphs. However,what about the Bufferyard Design Standards under 26.04.06? It requires a rear yard of 25' with Bufferyard Design Standards of a Bufferyard "D". I believe that we have the necessary rear yard but may need to do some clustering with the trees and plantings to meet the plantings required under"D"within that portion of the rear yard disturbed by the anchor store construction. If we assume that the Bufferyard is required, can we limit the plantings to just the area disturbed by the anchor store construction? I will be sending the updated list of variances that we want to present on 3/6 and those that we wish to table. Best regards, Paul Paul G.Reis Partner Krieg DeVault LLP 1 12800 N Meridian Street I Suite 300 I Carmel,IN 46032 Phone:317-238-6293 I Cell:317-431-0063 I Fax:317-636-1507 pree kdlegal cam j www knad eevault com i V Card Jot Kr I G DEVAULT Indiana I Illinois I Georgia I Florida Minnesota CONFIDENTIALITY STATEMENT This e-mail message is for the sole use of the recipient(s)and may contain confidential and privileged information.Any unauthorized review,use,disclosure or distribution is prohibited.If you are not the intended recipient(s),please contact the sender by reply e-mail and destroy all copies of the original message.IRS Circular 230 Notice:Advice rendered in this communication,including attachments,on U.S.tax issues(i)is not intended or written to be used,and it cannot be used,for the purpose of avoiding penalties that may be imposed by the IRS on taxpayers,and(ii)may not be used or referred to in promoting,marketing or recommending a partnership or other entity,investment plan or arrangement.This notice is intended to comply with Section 10.35 of IRS Circular 230,which is located at http://www.irs.gov/pub/irs-pdf/pcir230.pdf. From: Conn, Angelina V [mailto:AconnCctcarmel.in.gov] Sent: Monday, February 27, 2012 3:40 PM To: Paul G. Reis Subject: CDRR overlay & 30-ft buffer Hi, Paul—please see zoning ordinance chapter 23F.00.01—it talks about the overlay superseding the underlying zoning. I do not think you need a variance for the 30-ft buffer yard along the west side of the parcel what do you think? Angie Conn, Planning Administrator City of Carmel Planning &Zoning Division Dept. of Community Services 1 Civic Square, 3rd Flr. Carmel, IN 46032 0: 317-571-2417 I F: 317-571-2426 I E: aconn©carmel.in.gov Check out our new website: www.carmeldocs.com Please consider the environment before printing this e-mail 1 Conn, Angelina V From: Paul G. Reis [preis @kdlegal.com] Sent: Monday, February 27, 2012 9:11 PM To: Conn, Angelina V; Hollibaugh, Mike P Cc: David George; Ashley Bedell; 'mjenkins @kiterealty.com'; 'Rich Kelly' Subject: Proposed Variances for Consideration on March 6 Angie and Mike: Following our meeting, pending approval by our client, I am proposing to present the following variances on March 6 and table the remaining variances as set forth below: Docket Numbers to be considered on March 6: 12020014V—Building Setbacks-Increase build-to-line along 116th Street to 65 feet to accommodate the new bank building and parking area 12020015V-(partial)—Building Orientation -The parcel frontage along 116th Street is not required to have a building that occupies a minimum of 70%of the frontage 12020016V—Building Height— Standalone Principal Buildings which are banks and other financial institutions are not required to have two floors of occupiable space. 12020017V- Building Footprint—The property is not required to have a Floor Area Ratio of.5. 12020022V—Pedestrian Circulation—Sidewalks along Range Line Road and 116th Street shall continue to be a minimum of five (5)feet in width,the width of the sidewalks currently in place. Docket Numbers to be tabled until the Hearing Officer Meeting of March 26 or possibly to be withdrawn pending further design and consultation: 12020015V(partial)—Building Orientation—Principal Buildings must have a primary entrance from a public street. 12020018V—Construction Materials 12020019V—Architectural Design 12020020V—Landscaping 12020021V—Lighting 12020022V(partial)—Pedestrian Circulation—Walkways to provide access between rear parking areas and Principal Buildings or the street 12020023V—Parking—Plus and additional variance may be required for number of spaces under Section 27.08 or a Plan Commission Waiver for number of spaces required. Please contact me to confirm your concurrence with this approach. To the extent that our client wishes to modify any of the above, I will contact you immediately. Thanks very much for your assistance. Best regards, Paul Paul G.Reis Partner Krieg DeVault LLP 1 12800 N Meridian Street I Suite 300 I Carmel,IN 46032 Phone:317-238-6293 I Cell:317-431-0063 I Fax:317-636-1507 preisCa kdlegal corn I www:knegdevault corn LV Card ltBio ! ,u KniEc DEVAULT. Indiana I Illinois I Georgia I Florida I Minnesota 1 F� 1 Paul G. Reis From: Paul G. Reis Sent: Friday, February 24, 2012 3:20 PM To: 'Conn, Angelina V'; Hollibaugh, Mike P Cc: 'Ashley Bedell'; David George; 'Rich Kelly' Subject: The Centre Redevelopment Angie and Mike: I have spoken with Ashley Bedell and David George of Kite to discuss the project schedule. Here is what I have been told. Phase I: Demo of the wings and construction of the anchor food store Construction of the three tenant building Phase II: Construction of the new ONB building Demo of current ONB building and construction of new corner building upon relocation of bank In order to expedite approvals for the project, here are the issues that I see currently together with my comments, assumptions and requests. 1. Staff Interpretation: Demo of existing wings and construction of anchor food store is considered a redevelopment of existing property Results: -eliminate variance for installation of 30'greenbelt for existing building with new anchor food store, additional mitigating factor is that there is an existing line of trees on the west property line -eliminate variance for 10' build to line for new anchor food store - no variance from requirement that every parcel must have a building that occupies a minimum of 70%of the frontage along Range Line Road - no variance for two occupiable floors and minimum height requirements and avoids variance for number of parking spaces - no variance for architectural design and building materials for anchor food store construction - no variance for wall signage for new anchor and other new"B"tenants in existing building that remains - no variance for requirement that parking must be on the sides and in the rear of the existing building with the new anchor store 2. VARIANCE FROM BUILD TO LINE for new ONB to allow for parking adjacent to 116th Street 3. VARIANCE FROM BUILDING WITH 70% FRONTAGE ON 116TH STREET OR 35% PLAN COMMISSION WAIVER to allow for the massing and location of ONB and corner pharmacy adjacent to 116th Street. 4. Staff Interpretation: Proposed screen wall for corner pharmacy building at 116th and Range Line Road will satisfy the build to line requirement of 10 feet from ROW Result: No variance from build to line for corner pharmacy building 5. Staff Interpretation: Although the ONB is not immediately adjacent to 116th Street, it still faces the public street and has a primary entrance from a public street Result: No variance required 6. VARIANCE FROM REQUIREMENT FOR TWO OCCUPIABLE FLOORS to allow ONB and three tenant building on Range Line Road flexibility and allows for Plan Commission Waiver on number of parking spaces in lieu of variance for number of required parking spaces. 7. VARIANCE FOR BUILDING FOOTPRINT TO HAVE A FLOOR AREA RATIO OF .5: Current development nor the proposed redevelopment will satisfy this requirement. Proposed development is.approximately.23. 1 • 8. Final design of the new stand-alone buildings is not complete so I cannot determine whether variances for building height, architectural design and building materials will be required for the three tenant building, the corner pharmacy and the ONB. Depending upon when those designs are available, those variances may be included in a second hearing officer meeting discussed below. 9. As is the case with the design, I cannot determine at this time whether a variance or variances will be necessary with respect to lighting and tenant signage. Therefore, variance(s)for lighting and/or signage may or may not be necessary and could be addressed in the second hearing officer meeting. 10. VARIANCES FOR LANDSCAPING IN ALONG RANGE LINE ROAD AND 116TH STREET AND IN PARKING AREA: Because the entire site is being treated as under redevelopment, these variances will be necessary; however,further site design will allow for more specificity. 11. VARIANCE FOR SIDE AND REAR PARKING TO BE SCREENED BY LOW WALLS, LOW FENCES OR HEDGES 12. VARIANCES FOR WIDTH OF SIDEWALKS ALONG PUBLIC STREETS (unless Staff interprets that existing sidewalks along Range Line Road and 116th Street are "grandfathered") AND WALKWAYS ADJACENT TO NEW STAND-ALONE BUILDINGS (dependent upon final site design so may be eliminated or included in second Hearing Officer meeting). 13. VARIANCES FOR PARKING: (A) PARKING IN FRONT OF ONB; (B); PARKING LOTS WITH MORE THAN THREE ROWS REQUIRED TO HAVE "PATHS TO ACCOMMODATE PEDESTRIAN SAFETY FROM PARKING AREAS TO SIDEWALKS,WALKWAYS AND/OR BUILDINGS;AND (C) NUMBER OF REQUIRED SPACES— Under proposed development 451 parking spaces required (without 2 occupiable floors being included for three tenant building, corner pharmacy and ONB). 323 spaces proposed. 35% Plan Commission waiver will reduce the required parking spaces to 293. RECAP: 10 likely required variances assuming favorable Staff interpretations but subject to further design and discussion with Staff. We can split up variances to lower number at any one meeting by removing or continuing certain variances at March 6 H.O. meeting. Phase I March 6: (1) FAR of.5; (2)Two Occupiable Floors; (3) number of required parking spaces; and (4) Landscaping-public streets (unless not necessary upon staff determination) Phase II H.O. March 26: (1)ONB build-to line; (2) 70%frontage 116th;(3) Landscaping-screening(if necessary); (4) sidewalks and walkways; (5) parking-in front; (6) parking paths(if necessary) APPROVAL SCHEDULE: BOARD OF ZONING APPEALS MARCH 6, 2012 @ 5:30—critical agreed upon variances to begin project to be approved by Hearing Officer MARCH 26, 2012 @5:30—remaining variances to be approved by Hearing Officer PLAN COMMISSION The first issues to be resolved are: (1) whether Staff interprets this project as a significant change in the development plan for The Centre requiring a public hearing with the full Plan Commission; (2) whether Plan Commission waivers will be used in lieu of variances requiring a public hearing; and (3) whether the proposed project requires full ADLS review and approval by the full Plan Commission. If a public hearing or full ADLS review is required,then the full Plan Commission would hold a public hearing (on DP and waivers) and/or full Commission meeting(ADLS)on April 17 at the earliest(if Staff allows for a waiver of filing deadline requirements)and a final approval would occur on May 15. Otherwise following the filing requirements, the first public/full Commission hearing would be on May 15 with the final approval on June 19. 2 If the revised DP does not require a public hearing, waivers are not used and the project is considered an ADLS amendment application, then the ADLS amendment could be considered by a Committee of the Plan Commission on March 29 at the earliest, the next Committee meeting to be held May 1. • 3