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HomeMy WebLinkAboutDept Report 02-26-248 of 11 CARMEL BOARD OF ZONING APPEALS REGULAR MEETING DEPARTMENT REPORT MONDAY, FEBRUARY 26, 2024 (V) MedVet, Transportation Plan Compliance Variance. The applicant seeks the following development standards variance approval: 2. Docket No. PZ-2023-00267 V UDO Sections 1.07 (E) and (F) Transportation Plan Compliance required, No multi-use path requested. The site is located at 9650 Mayflower Park Dr. (Mayflower Park Subdivision, Lot 3, Block 1). It is zoned I1/Industrial. Filed by Brian Darrow of MA Design, on behalf of Broadstone MV Portfolio LLC. General Info: • The Petitioner seeks variance approval to not have to install multiuse paths along their two street frontages (nor pay into the Thoroughfare Fund for that it would cost to construct them). • There is more than 777 feet of street frontage, total. • The prior Plan Commission application for the project was approved in March 2022 (Docket No. PZ-2022-0009 DP/ADLS - MedVet Carmel Animal Hospital Addition). • The site is located west of Michigan Road, at the northwest corner of 96th Street and Mayflower Park Dr. • That stretch of 96th St. is in need of improvement; it’s basically a two-lane road with no curbs or shoulders. • Surrounding this site are commercial and industrial uses. • The site is located in Mayflower Park Subdivision; an Owners’ Association most likely does not exist. • Please see the Petitioner’s info packet for more detail on the variance request. Variance Requested: Transportation Plan Compliance - • UDO Sections 1.07 (E) and (F) require compliance with the Transportation Plan (which is found in the Comprehensive Plan). It includes dedication of public streets right of design and construction of the improvements indicated by the Transportation Plan across the roadway frontage of the project, setback, and any other affected development standards (including installation of a sidewalk/multiuse path along the street frontage by the Petitioner (or payment for what that would cost to construct into the Thoroughfare Fund). • The City is not requiring additional street right of way dedication - only multiuse path compliance. The Petitioner seeks variance approval to not have to do that, not even pay into the Thoroughfare Fund. • The Petitioner’s estimated cost to construct the street improvements is around $57,000. The City Engineer reviewed their estimate and approved it. That is the monetary amount that the Carmel Engineering Dept. is willing to accept (where the BZA would approve this variance with this condition of approval). Review Comments: • The Petitioner addressed all review comments related to complying with the variance process. Final Comments: • The City does not support the variance request. Even if the Petitioner claims that there are site conditions that would inhibit the path construction (on portions of the site), the Petitioner can still pay into the Thoroughfare Fund for what it would cost to install the paths, even if they do not want to install the paths themselves. • The Petitioner hasn’t shown any practical difficulty that would warrant them not having to install any path sections at all. • The request for street right of way dedication, street improvements, and path installation (or payment into the Thoroughfare Fund) is not unique to this site. This is an ordinance requirement. • The Carmel Engineering Dept. requires one of the following: 1.) Path can be constructed with the project, 2.) A (monetary) contribution can be made for the cost of designing and constructing the path, or 3.) A variance can be requested from the Board of Zoning Appeals. Findings of Fact: • The BZA attorney will write up the negative findings of fact. Recommendation: • The Dept. of Community Services (DOCS) recommends negative consideration of this variance request, and with adoption of the negative Findings of Fact (to be written up by the BZA attorney).