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HomeMy WebLinkAboutPacket for PC 10-17-23 The Edge at West Carmel Multi-Family and Commercial Development Docket Nos. PZ-2023-00136 DP/ADLS, PZ-2023-00157 V, PZ-2023-00158 V, PZ-2023- 00159 V, PZ-2023-00160 V, PZ-2023-00161 V, AND PZ-2023-00162 V DEVELOPMENT PLAN/ADLS AND VARIANCE APPLICATIONS CITY OF CARMEL, INDIANA October 17, 2023 Carmel Plan Commission Applicant: REI Real Estate Services, LLC Attorneys: Nelson & Frankenberger, LLC Rick Lawrence, Attorney Jon C. Dobosiewicz, Land Use Professional 317-844-0106 TABLE OF CONTENTS 1. Explanation of Request 2. Site Location Map / Aerial Photograph 3. Illustrative Site Plan 4. Buffer Yard Details 5. Building Perspectives 6. Building Offset Detail 7. Amenities and Estimated Rents 8. Proposed Commitments 9. Updated Engineered Development and Landscape Plans 10. Open Space Diagram 11. Density Comparables 12. Parking Study and Bike Parking 13. LEED and Sustainable Site and Building Design 14. Photometric Plan 15. Variance Requests – Findings of Fact TAB 1 EXPLANATION OF REQUEST The applicant, REI Real Estate Services, LLC (“REI”) has filed requests seeking Development Plan (“DP”) and Architectural Design, Landscaping, Lighting and Signage (“ADLS”) approval for “The Edge at West Carmel”, as well as certain development standards variances for a 238-unit multi-family community and one (1) commercial out-lot on approximately 23 acres of real estate located at 11335 North Michigan Road in the City of Carmel. The site is south of and adjacent to the Aaron-Ruben-Nelson Mortuary and east of and adjacent to Michigan Road and was most recently occupied by the Altum’s Landscape Nursery business. The site is zoned B-3/Business & Residential and is also within the US 421/Michigan Road Overlay Zone. The site is outlined on the aerial photograph included under Tab 2 and has a common address of 11335 N. Michigan Road, Zionsville, Indiana (the “Real Estate”). REI presented the plans to the Residential Committee on September 5th and again on October 3rd. At the conclusion of the meeting on October 3rd, the committee voted 3-0 to forward the DP/ADLS and variance requests back to the full Plan Commission with a favorable recommendation for approval subject to the following two (2) conditions: 1. Modification of the proposed commitments to include a provision requiring the installation of a pedestrian crossing at the intersection of Bennett Parkway and US 421, provided INDOT and/or the City approves the same; and 2. Final approval from Carmel Engineer and TAC Members. In this regard, the below is a summary of enhancements made to the submittal since it was first in front of the Plan Commission in August. Summary of enhancements and updates: 1. Building 1 (the three-story building near the northern property line) was replaced with a two- story building. a. Reduced the overall density from 252 units to 238 units b. Increased the provided parking spaces from 401 to 406 2. Swapped the location of the dog park and pollinator garden (See Tab 3) 3. Enhancements to Buffer Yard (see Tab 3 and Tab 4) a. Enhanced landscaping included along the interior of the fence to provide a softened view of the fence for the tenants b. Preservation of all non-invasive trees that do not interfere with construction c. Removal of all invasive trees along the property line d. Added a retaining wall to the pond area to allow for the fence to be a consistent 25 feet off of the northern property line e. Enlarged North Buffer Detail (including color code between evergreen and deciduous trees and proposed trees) f. Inclusion of photograms of perimeter plantings and common names g. Enlarged South Buffer Detail (including color code between evergreen and deciduous trees and proposed trees) h. Average heights associated with caliper size i. Pollinator Garden Detail j. Enlarged Site Plan – North Edge k. Woodhaven Home Distances 4. Updated Elevations (See Tab 5): a. Elevation of two-story building updated to remove two windows 5. Updated Offset Detail (See Tab 6): a. Offset detail shown to reference relief applicable only to first floor of three-story building 6. Amenities and Unit Counts (see Tab 7) a. Amenity detail and clubhouse design provided b. Unit count and estimated rents provided 7. Updated Commitments (see Tab 8) a. Updated B3 Uses b. Landscape Maintenance c. Landscape Installation d. Dedication of Right-of-Way e. Requirement to install pedestrian crosswalk upon INDOT and/or City approval f. Bicycle Maintenance 8. Greenspace Diagram updated and included (see Tab 10) 9. Updated Comparables (see Tab 11 and Tab 12) a. Updated Density Comparables including properties along US 421 b. Updated Parking Study including properties along US 421 The Applicant is also including updated Engineered Site Plans behind Tab 9, applicable LEED and Sustainable Site and Building Designs behind Tab 13, updated photometric plan behind Tab 14, and updated bike storage behind Tab 12. The Engineered Site Plans show the relocation of fence columns to accommodate future through streets to the north, east and south. Finally, behind Tab 15 are the Variance Findings of Fact. We look forward to presenting the Request to the Plan Commission on October 17, 2023. TAB 2 TAB 3 TAB 4 TAB 5 TAB 6 TAB 7 The Edge at West Carmel Ameni�es 24-hour Business Center with mul�ple conference rooms and “focus booths” 24-hour state of the art gym and yoga studio Access Controlled Entry System Aqua Lounge w/full kitchen and bar and garage doors that open directly to the pool area Heated saltwater swimming pool (approx. 1,600 SF, Dimensions 27 � x 58 �) with Grill Sta�ons Hammocks (under Pergolas) Bocce Ball Fire pit Concierge Mail Services (24 hour electronic package pickup) Private Garage Parking Off Leash Dog Park Walking & Jogging Trail Fishing Pier Unit Count and Projected Rents: Unit Counts Projected Rents (Monthly) One Bedroom 117 $1,500.00 Two Bedroom 109 $1,900.00 Three Bedroom 12 $2,100.00 Total Units 238 TAB 8 COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATE Fehsenfeld Land Holdings LLC (“Fehsenfeld”) and REI Real Estate Services, LLC (“REI”) make the following commitments (the “Commitments”) to the Plan Commission (the “Plan Commission”) of the City of Carmel, Indiana (the “City”): Section 1. Cross Reference. These Commitments are made in connection with the approval by the Plan Commission of DP/ADLS on ______________ under Docket No. PZ-2023-00136 DP/ADLS (the “Approval”) with respect to the real estate commonly known as 11335 North Michigan Road, Zionsville, Indiana and legal described as shown on Exhibit “A”, attached hereto and incorporated herein (the “Real Estate”). Section 2. 1998 Commitments. On September 13, 1998, Robert Carter Altum, Joseph C. Miller and Margaret M. Miller entered into a Declaration of Commitments (“Original Commitments”) concerning the Real Estate, which Original Commitments required any future owner of the Real Estate to obtain permission from the Carmel Plan Commission for any use not otherwise specified in the Original Commitments. Section 3. Commitment Concerning Use. The following Permitted Uses under the B3 Business District shall be allowed with respect to the real estate referenced as Lot 1 on the Overall Site Plan, a copy of which is attached hereto and incorporated herein by reference as Exhibit “B”: A. Art Gallery B. Catering Establishment C. Restaurant, without drive-through food sales D. Restaurant, with walk-up/drive-through (however, limited to one (1)) E. Day nursery/day care F. Kindergarten/preschool G. Printing/publishing establishment H. Clinic or medical health center I. General Office J. Professional Office K. Dry cleaning (without on-site plant) L. Financial institution M. General Retail N. General Service O. Wholesale Sales P. Automated teller machine Section 4. Other Uses. Any use not otherwise permitted under the B3 Business District shall be allowed only upon approval by the Plan Commission. Section 5. Maintenance of Landscape. Fehsenfeld, and any future owner of the Real Estate, shall maintain and manage, in perpetuity, any and all landscape material installed between the fence and the property line of the Real Estate. 2 Section 6. Installation of Landscape. Removal of invasive species and installation of the landscape along the southern border shall be completed in conjunction with input from the homeowners in the Weston Pointe Condominiums, with the Carmel Urban Forester providing the final approved plan. Section 7. Bicycle Maintenance. Each lease for an apartment in the community shall include a provision providing for the registration of tenant bicycles and the maintenance and removal of bicycles stored on the exterior of the community. Section 8. Dedication of Right-of-Way. Fehsenfeld, or the then current owner of the Real Estate, upon request by the City, shall dedicate as right-of-way certain portions of the Real Estate to the City, which portions are shown as highlighted in yellow on Exhibit B. Section 9. Pedestrian Crossing. Upon receipt of INDOT and/or City approval, a pedestrian crosswalk shall be installed at the intersection of US 421 and Bennett Parkway. Section 10. Recording of Commitments. The undersigned shall record these Commitments with the Recorder of Hamilton County, Indiana. Section 11. Enforcement and Effective Date. These Commitments may be enforced by the City. These Commitments shall not be effective or enforceable until the commencement of the construction and development of the Real Estate. Section 12. Binding on Successors. These Commitments are binding upon each owner of the Real Estate with respect to the portion of the Real Estate owned by such owner and during the time of such owner’s ownership and (ii) upon each owner’s successor, assign and grantee with respect to the portion of the Real Estate owned by such successor, assign and grantee and during such successor’s, assign’s and grantee’s ownership, unless modified or terminated by the Plan Commission after a public hearing wherein notice is provided by the rules of the Plan Commission. The provisions of this Section 5 notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate hereafter reclassified (“Rezone”) on the City’s official Zone Map. [SIGNATURE PAGE TO FOLLOW] 3 IN WITNESS WHEREOF, Fehsenfeld and REI have caused these Commitments to be executed as of the date identified on the Notary below. Fehsenfeld Land Holdings LLC By: _____________________________ Name: ___________________________ Title: ___________________________ REI Real Estate Services, LLC By: ___________________________ Name: ___________________________ Title: ___________________________ 4 STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, the undersigned, Notary Public in and for the said County and State, personally appeared _________________, the ________________of Fehsenfeld Land Holdings LLC, who acknowledged execution of the foregoing Commitments and on behalf of such entity. Witness my hand and Notarial Seal this ___ day of ______________________, 2023. My Commission Expires: ________________________________________ _______________________ ____________________________, Notary Public STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, the undersigned, Notary Public in and for the said County and State, personally appeared_________________, the ________________of REI Real Estate Services, LLC, who acknowledged execution of the foregoing Commitments and on behalf of such entity. Witness my hand and Notarial Seal this ___ day of ______________________, 2023. My Commission Expires: ________________________________________ _______________________ ____________________________, Notary Public Prepared by: Fredric Lawrence, Nelson & Frankenberger, LLC, 550 Congressional Blvd., Suite 210, Carmel, Indiana 46032 (317) 844-0106. Pursuant to IC 36-2-11-15(b)(c), I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law – Fredric Lawrence. 5 Exhibit A TAB 9 TAB 10 TAB 11 Property Address Units Acres Units/Acre Year Built Proposed Development 11335 N Michigan 238 17.376 13.70 Proposed The Sylo 400 10.38 38.54 UC The Aria 218 14.77 14.76 2020 The Domain at Bennett Farms 219 11.35 19.30 2012 The Reserve 268 19.02 14.09 2001 Lakeside of Carmel 283 13.65 20.73 2016 Sunrise on the Monon 256 15.67 16.34 2016 The Seasons of Carmel 256 20.27 12.63 2015 One One Six 272 10.24 26.56 2012 The Legacy Town & Flats 287 13.04 22.01 2010 Alexandria of Carmel Apartments 324 12.16 26.64 2007 North End Carmel 168 3.42 49.12 UC The Signature at Carmel 287 4.17 68.82 UC Midtown Flats 209 1.92 108.85 2019 Avant Apartments 303 5.64 53.72 2018 Olivia on Main 202 4.28 47.20 2017 Carmel- Most similar in style Multi-Family Density Comparables Carmel- Most recent developments US-421 Corridor TAB 12 Lakes of Carmel Alexander of Carmel Highpoint 116 Lakeside of Carmel The Domain At Bennett Farms The Reserve At Williams Glen The Aria The Edge At West Carmel Surface 197 411 295 292 305 254 259 268 310 Carport*167 0 0 0 0 0 0 0 0 Garage*149 107 118 78 104 62 136 115 96 Total Parking 513 518 413 370 409 316 395 383 406 Units 324 354 235 272 283 219 268 218 238 Parking per unit 1.58 1.46 1.76 1.36 1.45 1.44 1.47 1.76 1.71 Average spaces/unit 1.54 Note*: Unable to distinguish between carports and garages for Highpoint, 116 and Lakeside. Carmel Zionsville Parking Study Building Type I 1 Bedrooms 20 units -12 =8 x 1 bedrooms =8 2 Bedrooms 10 units -2 =8 x 2 bedrooms =16 3 Bedrooms 0 units -0 =0 x 3 bedrooms =0 24 x 0.5 spaces =12 x 2 buildings =24 20 bike spaces x 2 buildings =40 Garages 14 Building Type II 1 Bedrooms 0 units x 1 bedrooms =0 2 Bedrooms 24 units x 2 bedrooms =48 3 Bedrooms 0 units x 3 bedrooms =0 48 x 0.5 spaces =24 x 1 building =24 14 bike spaces x 1 building =14 Garages 0 Building Type IIIA 1 Bedrooms 8 units x 1 bedrooms =8 2 Bedrooms 8 units x 2 bedrooms =16 3 Bedrooms 0 units x 3 bedrooms =0 24 x 0.5 spaces =12 x 6 buildings =72 12 bike spaces x 6 buildings =72 Garages 0 Building Type IV 1 Bedrooms 19 units -9 =10 x 1 bedrooms =10 2 Bedrooms 7 units -1 =6 x 2 bedrooms =12 3 Bedrooms 0 units -0 =0 x 3 bedrooms =0 22 x 0.5 spaces =11 x 1 building =11 18 bike spaces x 1 buildings =18 Garages 10 Building Type V 1 Bedrooms 10 units -4 =6 x 1 bedrooms =6 2 Bedrooms 10 units -2 =8 x 2 bedrooms =16 3 Bedrooms 12 units -4 =8 x 3 bedrooms =24 46 x 0.5 spaces =23 x 1 building =23 20 bike spaces x 1 buildings =20 Garages 10 164 82 11 154 164 Req'd Bike Spaces Per Building Type Total Bike Spaces Req'd Total Bike Spaces Provided in this Project The Edge at West Carmel Apartments REI Real Estate Services, LLC adjusted # adjusted # adjusted # Bike Parking Total Bedrooms TAB 13 LEED and Sustainable Site and Building Design The following are sustainable site and building features for this development: • Retaining the natural growth around the pond. • Creation of a Pollinator Habitat with evergreen trees to offset the winter months were some of the landscaping is dormant. • Reforestation of the area outside the development fence to allow the growth of a forest area again. • Physical and Metal Health Amenities (walking trail, heavily wooded grounds, gym and yoga studio, pond with benches and fishing pier) • Maximization of natural light via placement of buildings on site and window placement • Energy efficient lighting • Energy efficient heating and air conditioning • WaterSense faucets, showerhead fixtures, and toilets to encourage conservation of water • High quality insulation and air sealing • Sustainable plantings • Brick exterior construction which is “built to last” and intended to minimize maintenance TAB 14 TAB 15 CARMEL PLAN COMMISSION CARMEL, INDIANA Docket No.: PZ-2023-00157 V Petitioner: REI Real Estate Services, LLC Request: Development Standards Variance to: UDO, Section 2.24 Minimum Lot Area – 5,000 square feet per multiple-family dwelling unit allowed, 3,067 square feet proposed. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCES The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: 1.The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because the applicable square footage limitation per unit does not address intensity of use associated with the development of the site as it does not address square footage of dwellings or number of bedrooms. The proposed development will provide less intense development based upon number of bedrooms and associated related metrics for the site than what would be otherwise allowed under the UDO requirements. 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 use and value of the area adjacent to the real estate that is the subject of the requested variance will not be affected in a substantially adverse manner because the proposed development provides a less intense use for the site than would otherwise be allowed under the UDO requirements for 148 units. 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: Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant’s site because the application of the requirement would result in a use would potentially be more intense than the proposed type and number of dwelling units. DECISION IT IS THEREFORE the decision of the Carmel Plan Commission that the Development Standards Variance Docket No. PZ-2023-00157 V is granted, subject to any conditions stated in the minutes of this meeting, which are incorporated herein by reference and made a part hereof. Adopted this _____ day of ____ 2023. _________________________________________ Carmel Plan Commission _________________________________________ SECRETARY, Carmel Plan Commission CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: PZ-2023-00158 V Petitioner: REI Real Estate Services, LLC Request: Development Standards Variance to: UDO, Section 5.28(B)(1) Amount of Parking Spaces – 540 total parking spaces required, 406 proposed. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCES The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: 1.The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because the requested variance is necessary due to the fact that the zoning ordinance parking space requirements exceed industry standards as applicable to multi-family developments and adequate parking spaces are otherwise provided to meet occupant requirements. 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 use and value of the area adjacent to the real estate that is the subject of the requested variance will not be affected in a substantially adverse manner because the proposed development provides industry standard parking to the extent that adjacent property will not be impacted by the proposed use. 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: Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant’s site because the Applicant will be unable to develop the Real Estate in a manner and with a permitted use contemplated by the existing B-3 zoning designation. DECISION IT IS THEREFORE the decision of the Carmel Plan Commission that the Development Standards Variance Docket No. PZ-2023-00158 V is granted, subject to any conditions stated in the minutes of this meeting, which are incorporated herein by reference and made a part hereof. Adopted this _____ day of ____ 2023. _________________________________________ Carmel Plan Commission _________________________________________ SECRETARY, Carmel Plan Commission CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: PZ-2021-00159 V Petitioner: REI Real Estate Services, LLC Request: Development Standards Variance to: UDO, Section 2.24: Maximum Lot Coverage – 40% maximum lot coverage for multi-family dwellings in the B3 zone allowed, 50% requested. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCES The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: 1. The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because the requested variances are necessary due to the fact that the lot coverage for the B3 zoning district provides for a maximum of 80% lot coverage and 50% is requested. 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 use and value of the area adjacent to the real estate that is the subject of the requested variance will not be affected in a substantially adverse manner because the proposed development exceeds open space requirements of adjacent properties and seeks to maintain and provide appropriate buffering along its boarders with residential areas. 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: Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant’s site because, absent the variance the site will not allow for the development of an otherwise allowed B3 use in a commercially viable manner. DECISION IT IS THEREFORE the decision of the Carmel Plan Commission that the Development Standards Variance Docket No. PZ-2023-00159 V is granted, subject to any conditions stated in the minutes of this meeting, which are incorporated herein by reference and made a part hereof. Adopted this _____ day of ____ 2023. _________________________________________ Carmel Plan Commission _________________________________________ SECRETARY, Carmel Plan Commission CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: PZ-2023-00160 V Petitioner: REI Real Estate Services, LLC Request: Development Standards Variance to: UDO, Section 3.88(C) Building Height – Building Height - 20’ maximum height allowed adjacent to residential uses; 26’ 2-3/8”. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCES The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: 1.The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because the requested variances are necessary due to the fact that the Michigan Road Overlay amends the underlying standards to an extent an otherwise conforming residential proposal would not be permitted as the overlay standards are designed to address commercial structures and not residential development as evidenced by DOCS Staff. 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 use and value of the area adjacent to the real estate that is the subject of the requested variance will not be affected in a substantially adverse manner because the proposed development otherwise conforms to the underlying zoning standards absent the fact that the Michigan Road Overlay amends the underlying standards to an extent an otherwise conforming residential proposal would not be permitted as the overlay standards are designed to address commercial structures and not residential development as evidenced by DOCS Staff. 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: Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant’s site because, absent the application of the Michigan Road Overlay, the Applicant will be unable to develop the Real Estate in a manner and with a permitted use contemplated by the existing B-3 zoning designation. DECISION IT IS THEREFORE the decision of the Carmel Plan Commission that the Development Standards Variance Docket No. PZ-2023-00160 V is granted, subject to any conditions stated in the minutes of this meeting, which are incorporated herein by reference and made a part hereof. Adopted this _____ day of ____ 2023. _________________________________________ Carmel Plan Commission _________________________________________ SECRETARY, Carmel Plan Commission CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: PZ-2021-00161 V Petitioner: REI Real Estate Services, LLC Request: Development Standards Variance to: UDO, Section 3.88(D) Building Facades – Buildings with continuous facades that are 90’ or greater in width, shall be designed with offsets not less than 8’ deep and at intervals of not greater than 60’ required, offsets of 1.5’ proposed. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCES The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: 1. The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because the requested variances are necessary due to the fact that the Michigan Road Overlay amends the underlying standards to an extent an otherwise conforming residential proposal would not be permitted as the overlay standards are designed to address commercial structures and not residential development as evidenced by DOCS Staff. 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 use and value of the area adjacent to the real estate that is the subject of the requested variance will not be affected in a substantially adverse manner because the proposed development otherwise conforms to the underlying zoning standards absent the fact that the Michigan Road Overlay amends the underlying standards to an extent an otherwise conforming residential proposal would not be permitted as the overlay standards are designed to address commercial structures and not residential development as evidenced by DOCS Staff. 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: Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant’s site because, absent the application of the Michigan Road Overlay, the Applicant will be unable to develop the Real Estate in a manner and with a permitted use contemplated by the existing B-3 zoning designation. DECISION IT IS THEREFORE the decision of the Carmel Plan Commission that the Development Standards Variance Docket No. PZ-2023-001161 V is granted, subject to any conditions stated in the minutes of this meeting, which are incorporated herein by reference and made a part hereof. Adopted this _____ day of ____ 2023. _________________________________________ Carmel Plan Commission _________________________________________ SECRETARY, Carmel Plan Commission CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: PZ-2023-00162 V Petitioner: REI Real Estate Services, LLC Request: Development Standards Variance to: UDO, Section 3.96(B) Minimum Rear Yard Setback Standards – 52.6’ required adjacent to residential, 40’ proposed. FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCES The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because: 1. The approval of the requested variances will not be injurious to the public health, safety, morals and general welfare of the community because the requested variances are necessary due to the fact that the Michigan Road Overlay amends the underlying standards to an extent an otherwise conforming residential proposal would not be permitted as the overlay standards are designed to address commercial structures and not residential development. 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 use and value of the area adjacent to the real estate that is the subject of the requested variance will not be affected in a substantially adverse manner because the proposed development otherwise conforms to the underlying zoning standards absent the fact that the Michigan Road Overlay amends the underlying standards to an extent an otherwise conforming residential proposal would not be permitted as the overlay standards are designed to address commercial structures and not residential development. Further, the adjacent landowner is proposed owner of the contemplated development. 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: Strict application of the Zoning Ordinance results in practical difficulties in the use of the Applicant’s site because, absent the application of the Michigan Road Overlay, the Applicant will be unable to develop the Real Estate in a manner and with a permitted use contemplated by the existing B-3 zoning designation. DECISION IT IS THEREFORE the decision of the Carmel Plan Commission that the Development Standards Variance Docket No. PZ-2023-00160 V is granted, subject to any conditions stated in the minutes of this meeting, which are incorporated herein by reference and made a part hereof. Adopted this _____ day of ____ 2023. _________________________________________ Carmel Plan Commission _________________________________________ SECRETARY, Carmel Plan Commission