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Home My WebLink AboutPacket for HO 02-27-23 • 116t" & RANGELINE REDEVELOPMENT S-MART REAL ESTATE, INC. • BZA HEAR ING OFFICER PRESENTATION PACKET February 27, 2023 41, FINDINGS OF FACT SHEET-DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS Docket No.: PZ-2023-00016V Petitioner: S-Mart Real Estate, Inc.,Warren Johnson and/or Brian Johnson 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 have no effect on public safety, health, morals or General welfare of the community as only deals with the size of a building compared to the lot size. 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: Granting this variance will not negatively affect the adjacent properties but granting this variance will lead to the development of this property which have a positive affect on adjacent property values. The floodplain to the south cannot be developed so this variance will have no effect on that property. 3. The strict application of the terms of the Unified Development to the property will result in practical 4110 difficulties in the use of the property because: The existing floodplain and underground culvert makes the development of this property very difficult. Strict application of the Unified Development standards could make development of the property Impossible. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ-2023-00016V 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 27Th day of February 2023. HEARING OFFICER,Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals S FINDINGS OF FACT SHEET-DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS Docket No.: PZ-2023-00025V Petitioner: S-Mart Real Estate, Inc.,Warren Johnson and/or Brian Johnson 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 potentially have a meniscal effect on public safety, health, morals or General welfare of the community as only deals with a few small change in 100 year flood plain of the creek. 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: Granting this variance will not negatively affect the adjacent properties as it will have such a minute impact if we had a 100 year flood. 3. The strict application of the terms of the Unified Development to the property will result in practical difficulties in the use of the property because: 411111 The existing floodplain and underground culvert makes the development of this property very difficult. Strict application of the Unified Development standards could make development of the property too expensive and there might stop the development. This property was and is very difficult to develop due to its size and the various standards that are difficult or impossible to develop. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ-2023-00025V 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 27th day of February 2023. HEARING OFFICER, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals M STATEMENT OF VARIANCE REQUEST Docket No. PZ-2023-00016V Request is to allow the Floor Area Ratio of the Planned Development (which has been conditionally approved by the Plan Commission) to be 0.28 when the UDO Section 3.72D requires a Floor Area Ration of 0.50. S Docket No. PZ-2023-00025V Request is to allow the Floodplain Mitigation Ratio of 0.81 to be allowed when ratio of 1.0 is required by UDO Section 5.10 (and City Code Chapter 10 Article 5 A(11)(a). STATEMENT OF SUPPORT Docket No. PZ-2023-00016V This variance request will allow for this development to proceed which is on a site hindered by a portion of the site on the east being unable to be developed due to a culvert which was installed to allow access to the site further away from the new roundabout on 116th St.This culvert includes an easement of 40 ft.wide by 110 ft. on which no structure can be built and to the south end of the property we have huge floodplain which also cannot be developed. The total area which cannot be developed is 8352 sq. ft. Docket No. PZ-2023-00025V In order to develop the property and allow for parking, a small area of the floodplain had to filled to accommodate this parking. A small area of non- floodplain was then converted into new floodplain area. With this establishment of new floodplain,we are approximately 30.2 cubic yards short of making the 1: 1 ratio. With the installation of small retainer wall,we are able to achieve a 0.81 ratio. BZA Hearing Officer FLOOR AREA RATIO • S-Mart Real Estate took the initiative and worked with City Engineering Dept. and Jeremy Kashman to make this interchange safer after the roundabout construction. The original plan was to provide an ingress and egress on the far east side of the gas station property which would be right at the exit of the east bound roundabout. SMRE proposed extending the culvert under 116th St. 110 feet to the south to allow for an ingress and egress as far east of the roundabout as possible. • SMRE secured all the necessary approvals from Federal, State and City and installed this culvert. It needs to be pointed out that this area cannot be developed because the City requires a 40 foot wide easement over this culvert. This area, although beneficial to the City, now hurts the developer in his attempt to reach the Floor Area Ratio requirement. This area is equal to approximately 8352 sq. ft. and, in the view of the Developer, should NOT be counted in determining the floor area ratio. • . mix 8352 SF l' v tit • Flood Plain Mitigation • This site is a very difficult site to develop even without the constraints imposed on it by The Rangeline Overlay Zone Ordinance. We are forced to use part the floodplain to provide parking and we are incurring substantial expense in creating additional floodplain to offset the minor use of the floodplain for parking. • Per our Civil Engineer estimate, we would be removing approximately 30 cubic yards from the existing floodplain which would have little impact on the entire floodplain area. • It might be possible to cut additional areas (green areas) as per John Thomas email of 01-30-23. "I did identify some areas where the project may be able to cut from the floodplain to offset or even forgo the need for a variance (yellow areas in image below), but it would probably necessitate removing the trees from those areas. There is a fair amount of trash in the floodplain, as well as invasive species, which would be beneficial to the floodplain to have the cleaned up/removed." ' R;;\ i••iif y .v- ,Ni tl: 1: \ thrcy7s, , . 7 ', 'f efi., , - * 't\ M 't ,t -. k*.#i''..7 lk., -'!:1 fc 1 kit, .1'-'' f. q 1 1 idl WM c., . ,:i ,„..._ ,... •,,,,,. .,,,, ,„:, ft: 11= �, µy I F i ... .....,i � . `_ ,.. ,„41,. Al N We will attempt to do this once earthwork begins on the site. • LOCATION MAP Docket No.PZ-2023-00016V and PZ-2023-00025V 034 007 033 KRG Centre,LLC 031 Walgreens Zoned B3 Speedway,LLC Gas/C-store 007.004 Zoned B-3 S --� i seaser SWAM MEM *440 / S-Mart Real Estate,Inc. 0°' New Development I Warren K.&Carol J.Johnson Trust 012 Zoned B-3 Vacant Land Zoned B-3 Carmel Corner Project Co.,LLC The Corner Retail/Residential — Zoned C-1 SW Investment Trust Vacant Land 001 013 Zoned B-3 002 001 MI 1/1 I E. 116th STREET II / ,� �'`�' A.><a=.� • a 0 84.83'x61.83' I i OFFICE/RETAIL I s. y Q SPACE '/ " _ FFE=820.00 ' • • MFPG=817.00 t y MLAG=XXX l 7 / - Entry r aourtSrard 16"......°4°. '...... a 71.46k61.83' Orf� OFFICE/RETAIL • •5 d SPACE Er • ivF-+ FFE=820.00 MFPG=817.00 MLAG=XXX t if a rilT j # 0 b. —r 1 1111 ■ r71_ I I . 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