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HomeMy WebLinkAboutMinutes BZA 07-22-19 `0OFCgy4/ s'e MgTtieRsg F! m 4 \ City of C /NDIANp Carmel Board of Zoning Appeals Regular Meeting Minutes Monday,July 22,2019 Location: Carmel City Hall Chambers Room,2nd Floor, 1 Civic Square, Carmel, IN 46032 Members Present: Brad Grabow-Vice President Leo Dierckman Jim Hawkins Kent Broach Susan Westermeier-Alternate Members Absent: Alan Potasnik-President Staff Present: Angie Conn-Planning Administrator Mike Hollibaugh-Director of Community Services Joe Shestak-BZA Admin Legal Counsel: John Molitor Time of Meeting: 6:00 PM Approval of Minutes of Previous Meetings: • On a Motion made by Leo and seconded by Kent to approve the minutes from the June 24th,2019 BZA Meeting Approve 5-0 Public Hearings: Brad: Explained the Rules of Procedure for the BZA Public Hearing. (UV)Avid Hotel. The applicant seeks the following use variance approval: 1. Docket No. 19050016 UV UDO Section 2.39 Hotel use permitted on upper floors only,hotel use on ground floor proposed.The site is located at approximately 13300 N.Illinois St., in CMC Properties Subdivision,part of Lot 3.It is zoned MC/Meridian Corridor. Filed by Jon Dobosiewicz of Nelson& Frankenberger on behalf of Saamrajya LLC. Petitioner: Rick Lawrence,Nelson&Frankenberger: • Presented an aerial photo of the site • To the north of this site is the Goodman Campbell's medical office building. To the west is a one-story office building and a church. To the south is a drainage pond.To the east is the CMC office building • The Meridian Corridor(MC)allows by right a Hotel use on the upper floors only. We seek a Use Variance(UV) for hotel use permitted in the common areas of the ground floor. • Presented the proposed site plan,as shown in tab 4.Access will be from Illinois Street • We have a shared parking lot with the other buildings in this area • Presented the building elevation • The hotel will have 102 guest rooms which will be located on floors 2-4 • The 1st floor will have guest check-in area, food service area,gym, laundry room,and bicycle storage • Presented Pt floor plan, found in tab 6 • We believe the development of this site will enhance the MC • Staff is supportive of this request provided the 1st floor hotel use is limited to 50%or less 1 BZA Meeting Minutes 7-22-19 Public Comments: Patty Thornberry,owns the building next door: I oppose this hotel. This area was never intended to be used for hospitality or restaurant. We were told this area would only be used as an office plaza. The biggest concerns I have are traffic and safety. I own the private drive that they will use. Once 5:00 p.m. hits,we are gone and the office park is quiet. I'm for an office building coming here. There's no light or roundabout at the proposed hotel access road entrance. 111 Louis Inendino, 13440 Shakamac Drive. I oppose this hotel. My neighborhood has many shared many amenities that are nearby to this proposed hotel site. The average cost for one-night for an Avid Hotel in Oklahoma is$83.The average cost for a one-night stay in Carmel is$154. This is likely that the Avid Hotel will be the lowest priced hotel in Cannel. Presented an aerial view, 158 homes in Meadows Parks at Springmill will be using the same intersection at Shakamac Drive and Illinois Street as the proposed entrance to the hotel. 250 homes are within 4/10 of mile of the proposed hotel. My home is less than 700' from the proposed hotel. Of the 12 Cannel hotels located in the MC,only one hotel is within 4/10 of mile to a residential area. I'm concern for decreased property values and quality of life. Debbie Roberts, lives in the Parks at Springmill. I am the HOA president. I oppose this hotel and agree with all the comments stated before me.I have concerns for property values, safety,and traffic. In 2006,a Holiday Inn Express was proposed for this area and it was denied. We already have plenty of hotels in this area. Danielle Miller, 13476 Shakamac Drive: I oppose this hotel. We have a walking trail that runs behind my house. People staying at this hotel will be looking for something to do. My subdivision has a pool,playground,tennis courts,or they can go for a walk on the neighborhood trail that is directly across the street. I don't want these people I don't know using my amenities. Roberta Higdon, lives in the Parks at Springmill: I oppose this hotel. I fear for my safety. Traffic is horrible. This is too close to the daycare and my grandkids who play on the nearby playground. Rusty Duncan, 13500 Dunes Drive: I oppose this hotel. I was member of the HOA board in the 2000's. I'm familiar with the development of this area. I've worked with CMC properties. I can't believe a hotel would be placed so close to a residential area. We have had issues of people trespassing in our walking/greenspace area, swimming pool,tennis courts, and a playground. We would have to pay for the property damages. This could introduce trespassing and vandalism. Amy Watkins, lives in Parks at Springmill: I oppose this hotel. I'm speaking on behalf all the residents that couldn't be here tonight. We all have safety concerns for our children. We do not one our property values to decrease. Rebuttal to Public Comments: Rick Lawrence: • There's a written recorded easement agreement that allows the hotel usage of the private drive • The 2006 proposal for the Holiday Inn Express was withdrawn,and not denied. AT the time,there was a different zoning destination as there is now. Hotel use was not permitted then, it is now permitted. • Avid's price per room is within 10%of the average room rate in Oklahoma. Our rates would be close to the average market price the currently exists for a hotel room in Cannel. • Presented a site map to show there are other hotels in the MC that are located near a residential area • We believe the hotel will complementary to the current traffic patterns.The hotel will have staggering check-in and check-out times. • We are seeking a UV for a hotel that is allowed in this area,we are just asking for 1 St floor hotel use. Department Report: Angie Conn: • General hotel use is allowed in the MC zoning use • They are asking for 50%hotel use on the Pt floor, such as the check-in lobby,breakfast,and gym. • A full-service hotel is allowed outright on any floor in the hotel in the MC • This petition is also being heard by the Plan Commission and reviewed by the TAC which considers traffic, utilities,and construction plans. • Staff recommends the UV is given positive consideration with the condition not more than 50%of the 1st floor is used for hotel use 2 BZA Meeting Minutes 7-22-19 Board Comments: Leo: Are we here only for the permitted use of the hotel on the 1st floor only? The hotel use is permitted. John Molitor: Correct,the hotel use is permitted on this site.The ordinance refers to the hotel rooms on the 1"floor.We are deciding whether or not if this creates an unnecessary hardship for them. Leo: Are the trails the remonstrators speak of private or public? Angie: They might be trails that are part of the neighborhood. They are subject to the HOA maintaining them. Most neighborhood trails are open to the public. They are platted that way. Some HOA have private trails and there is signage for that. Leo: For this case, is the trail public or private? Angie: I will have to look into this. John Molitor: I do believe that most of the trails in this neighborhood are private. The trails along Illinois Street along the ROW are public trails. Kent: Are there any rooms on the 1st floor? Rick Lawrence: There are no guest rooms on the 1st floor. The guest rooms will be on floors 2 through 4. The only thing on the 1st floor are the common areas such as the lobby,guest check-in, exercise room, laundry room,bike storage,and an area they can eat a grab-and-go breakfast. Kent: I have never seen a hotel where you had to go to the 2'floor. So you would want the lst floor to be retail and office space? Angie: Yes, Staff discussed that this type of requirement is common in places like Chicago and New York where it has retail and commercial uses on the 1"floor. Jim: What types of retail uses on the 1st floor are you thinking of? Rick Lawrence: Something that would be complementary to the adjacent office park. A small restaurant,or a dry cleaner. We don't have any specifics yet. Jim: A full service hotel is permitted on the 1st floor,which would have a restaurant in it. Rick Lawrence: There are two types of hotels that Carmel identifies. A full service hotel contains a conference and banquet room space. A 24-hour full- service hotel. The general hotel we are proposing only has hotel use on the upper floors. The 1s1 floor would be a combination of retail and commercial use,along with the common areas of the hotel. Jim: Most of the hotels like this in Chicago are located in the downtown area. I haven't seen this in an office park. Does the developer have any experience with this type of hotel in this type of location? Rick Lawrence: We are trying to accommodate the Planning Staff request of the 1st floor use. Sam Patel,Saamrajya LLC: Generally this type of hotel would have guest rooms on the 1" Ifloor. With the request to have retail located on the 1"floor,we would find something that can complement the area. Brad: Do you own other properties that have commercial leasing components to them? Sam Patel: We do not.The hotels are usually full-service hotels. Brad: Have you looked into to what businesses you want to obtain here? Sam Patel: Yes Sue: The developer listed,for safety reasons,the hotel decided to locate the hotel lobby and breakfast areas on the 1' floor. Can you explain the safety reasons? Rick Lawrence: Studies have shown if people have to congregate,the 1st floor is a better place to do so if there were an emergency and they had to exit the hotel. A Motion made by Leo and seconded by Jim to approve Docket No. 19050016 UV. Denied 4-1, Grabow (V)Take 5 Quick Lube. The applicant seeks the following development standards variance approvals: 2. Docket No. 19060009 V UDO Section 3.95.F Drive-thru vehicle stacking/outlet at rear of site required,Stacking/outlet in front yard requested. 3. Docket No. 19060010 V UDO Section 3.99 Min.2,500 sq.ft.gross floor area for principal building required; 1,500 sq.ft.requested. The site is located at 9799 N.Michigan Rd.on 0.66 acres of land(North Augusta Subdivision,Lot 4).The site is currently zoned S1/Residence,pending a B3/Business rezone,and is within the US 421 Overlay Zone. Filed by Elliot Smith of Baldwin Capital Partners,LLC. I Petitioner: Elliot Smith: • I'm a local franchise of Take 5 Quick Lube • Presented elevation of what the building will look like. We are still working with Staff to work out some details. • We provide an in-and-out oil change service. Customers will remain in their car during the duration of the oil change.9 minutes is our average time for an oil change. 3 BZA Meeting Minutes 7-22-19