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HomeMy WebLinkAboutMinutes BZA 05-19-08 u u u City of Carmel Carmel Board of Zoning Appeals Regular Meeting Monday, May 19, 2008 The regularly scheduled meeting of the Carmel Board of Zorring Appeals met at 6:00 PM on Monday, May 19, 2008, in the Caucus Rooms of City Hall, Carmel, Indiana. The meeting was called to order by the President, James Hawkins. Members in attendance were James Hawkins, Earlene Plavchak and Madeleine Torres, thereby establishing a quorum. Christine Barton-Holmes and Mike Hollibaugh represented the Department of Commurrity Services. John Molitor, Legal Counsel, was also present. Mrs. Torres moved to approve the minutes ofthe April 28, 2008 meeting as submitted. The motion was seconded by Mrs. Plavchak and APPROVED 3-0. . Mrs. Barton-Holmes gave the items that were being tabled and withdrawn. Items l-2h, Prairie Trace Softball Complex, Items 1-2i, Monon & Main and Items 3-9i, Circle K1Shell were tabled until June 23. Item 6h, Mueller Property South was tabled until July 17. Item 10i, Woodland-perkins Garage Addition was withdrawn. The only active item on the agenda was Items 3-5h, Stout Shoes Buildings. Mr. Molitor gave the Legal Report. Thursday, July 17, 2008, 6:00 PM has been set as the date for the Mueller Property South hearing. He appreciated the patience and diligence ofthe Board members with the Executive Sessions that had been scheduled. H. Public Hearing: I-2h. Prairie Trace Softball Complex TABLED UNTIL JUNE 23 The. applicant seeks the follmving speciall:lse and development SluIldUi'ds variance: Docket No~ IlSIl;Jllll33 SUA Section 21.(13 Expansion of sekoolllses Docket Na. Ilg020034 V Seetian 25.7.02 5 }'~dditiaHal institlltianal sign taner than permitted. The site is Iooated at 11200 North River Road and is zoned S 1. Filed by 'Nilliam Payne 0fFanning/Howey i\ssoeiates, fiG. for Carmel Clay Schools. 3-6h. Stout Shoes Buildings The applicant seeks the following develpprnent standards variance approvals: Docket No. 08030010 V Section 20G.05.04(A)(3) Retail uses in excess of50% Docket No. 08030011 V Section 20G.05.04(B)(2)(a) Height under 28'/One occupiable floor Docket No. 08030012 V Section 20G.05.04(B)(2) Setback of less than 10'. Docket No. 08050001 V Section 20G:04.01(A) Site plan to match adopted plan The site is located at 13100-13155 Old Meridian Street and is zoned Old Meridian!M:ixed Use within the Old Meridian District. Filed by Michael C. Cook of Wooden & McLaughlin LLP for Old Meridian & Main Street Properties, LLC. .Page 1 of 7 Carmel Board of Zoning Appeals Regular Meeting May 19, 2008 Present for the Petitioner: Mike Cook, attorney representing Old Meridian & Main Street Properties, U LLC. It is a Limited Liability Company whose members are very familiar with the Carmel Community. Also present were Brad Stout, the managing member and also the manager of the Stout .~. Shoes Store which is located on part of this site; Bob McGill, architect and Dik Hoover, engineer for the project. The site is approximately 3.196 acres in the northeast quadrant of the intersection of Main Street and Old Meridian Street. The north endis currently the Stout Shoe Store and a small portion of the site is the veterinary clinic on the northeast comer of the intersection. The veterinary clinic is in the process ofre-Iocating south of Main Street on Old Meridian Street. However, it cannot move until the new building is completed. Therefore, this does hot include a project for all three of the sites involved in the ownership of this LLC and will ultimately be developed. These variances are for the two sites located north of the comer which will be developed into two buildings. The footprint of the two buildings was shown on a site plan shared with the Board. The north building is proposed to be 8240 square feet; 100 feet long by 80 feet deep on each ep.d and the middle of the building will be 86 feet deep. The smaller north end is 20 by 80 feet. The south end will be 40 by 80 feet. The middle section will be 40 by 86 feet. The height at each end is 25.4 feet and the height in the middle is 30.8 feet. The Ordinance requires minimum height of 28 feet. Only the end sections require the variance. The building is proposed to have only one floor that will be occupied. The fayade is a two-story building, but the Ordinance requires two floors to be occupied. One of the significant reasons for occupying only one floor is the nature of the site; its dimensions, configuration, size and the need from a development standpoint to recognize the total square footage on the entire site. On the comer they want to be able to build and construct a building consistent with the Old Meridian District requirements. In order to do that, they need to balance the square footage ofthe north building and the parking for the entire site. u. The north building will be the new location of Stout Shoes and will also have a New Balance Sporting Store. There will also be two store fronts that will be available for lease. The south building, which is the larger of the two buildings on the site, is proposed to be 20,640 square feet. It will be 129 feet long by 80 feet wide and its height will be 30 feet. It meets all Ordinance requirements, but setback. An elevation plan was shown. The Ordinance requires a setback often feet from the proposed right-of-way under the 20-year Highway Plan. They proposed a ten-foot setback from the existing right-of-way which is a lOa-foot right-of-way. The 20-Year Plan proposes a 120-foot right-of-way. Based upon all the work that has just been done on both streets, inc] uding the roundabout, it is unlikely there will be any need for that additional right-of-way. This plan is consistent with the Old Meridian District objectives to pull the improvements toward the street. The south building will be occupied on the second floor. From the standpoint of the design of these buildings, the Stout Shoe Store has its inspiration from the Stout Shoe Store on Massachusetts A venue in Indianapolis. That is an urban location with the same kind of intensity of development as proposed for the Old Meridian District. The southern building has its inspiration for a neighboring building on Massachusetts Avenue which is called the Masala building. The last variance is for the proposed landmark building for the development of this site. Since the Ordinance was passed, there has been a n::zone to permit mixed uses which is what they are proposing for the site. He felt their plans were consistent with the Old Meridian District. The proposed materials are a combination of brick, dryvit and glass. The south building is proposed to be 80 percent brick. The north building is proposed at 75 percent brick. The south building with tl}.e second floor will have an elevator and the required two stairways. There are no exterior stairways proposed for the building. He shared a conceptual plan for the corner site. Based upon some lJ changes they have made with respect to the south building, they will not be able be construct the I conceptual building because of the parking needs for all three buildings. The Ordinance requires one . . parking space for each 600 square feet of proposed building space. He thought they had l06 parking spaces shown on the plan and the Ordinance would require 49 spaces. To be able to finance the building and to be able to lease it, they will need more parking. When they added the second floor to Page 2 of7 u u u Carmel Board of Zoning Appeals Regular Meeting May 19, 2008 the south building, that affects the amount of square footage they can have in the conceptual landmark building. The building will be multiple-story with a floor occupied above the street level with mixed uses. It will have all the characteristics that are required in the Old Meridian District, but he did not believe it would look like the building shown in the plans. He felt these variances were minor in their impact but they are needed because of the configuration ofthe site. He understood the BZA Board may not vote until after the ADLS application has been approved. Members of the public were invited to speak in favor or opposition to the petition. Favorable: Tom Mullins, 17233 Joliet Road, Westfield. He and his wife are the current occupants of the veterinary hospital. They felt the vision of this project was good for the Old Meridian District. The Public Hearing was closed. Mrs. Barton-Holmes gave the Department Report. The original request showed two buildings that were one story and were designed to look like two stories. After discussion with the Department, the south building was increased to two full floors so that building only needs the setback variance. Two of the variances apply to the north building. With regard to the site plan, the original intention was for a landmark building. It was anticipated it would be one large special use building offset from the intersection of Old Meridian and Main Streets and facing into the corner. The use requirement was changed but the site plan was not updated to reflect the change. The setback request was discussed with Engineering and they do not anticipate any further improvements to Old Meridian Street. They have already done extensive work in the area and do not foresee the reduced setback posing any problems. The Department has worked extensively with the Petitioner on the design of the buildings and reducing the need for the variances. The elevations shown at the meeting have been revised extensively. The Department and the Petitioner have both been constrained because of the shortened hearing schedule this month with of the Memorial Day holiday. The Department would like to continue to work with the Petitioner and have the project heard before the Special Studies Committee before corning back to the BZA for a final vote. Special Studies will discuss the overall design of the building and that may have some impact on the requested variances. The Department felt the buildings were going to help fill the Old Meridian Corridor/District. Mrs. Plavchak asked why they did not plan two larger buildings instead of trying to squeeze three buildings onto the site. Or even construct one large building as originally intended. She could understand Stout Shoes baving a separate building, but then they could just add a second larger building. Mrs. Barton-Holmes stated it bad been discussed, but she felt the Petitioner's timetable played a part in the design of the parcel. Then there would be an additional variance for the square footage of the building. They are limited to buildings of a certain size within the OLd Meridian Corridor. They might not ne.ed the variance for height, but would then need it for size. That was one of the possibilities that had come up in their discussions. Mr. Hawkins felt the elevation plans shown at the meeting were not consistent with the elevation plans in the packets the Board had received. Page 3 of7 Carmel Board of Zoning Appeals Regular Meeting May 19, 2008 Mr. Cook stated the buildings shown at the meeting depicted the buildings discussed with the D. Department with regard to changing the falfade of the building and adding some elements from an architectural perspective which the Department felt would help in the design of the building. Mrs. Balion-Holmes stated the Department actually wanted more brick and windows than had been proposed. Another version had come out this past week. Mr. Hawkins asked if it was financially feasible to add the second story. Mr. Cook felt they had to look at the development of the entire site and recognize the configuration of the 3+ acres. They needed to reasonably develop the site in terms of intensity consistent with the Old Meridian District. Secondly they needed to accommodate the overall square footage on the site into the buildings proposed consistent with their parking requirements. That is the balancing act that represents the hardship in terms of developing the site. They tried to develop the site in a way that was economically feasible while recognizing the site configuration, parking difficulties and stay consistent with the Ordinance. Mr. Hawkins felt the Department was trying to say that the proposed multi-story building would also need variances. Mr. Cook stated that if the proposed building were reduced to two floors, they might not need variances other than a variance for the setback requirement. They know who will occupy the north O. . building. The south building will need to be marketed. The comer development is difficult at this time and is not an appropriate part of the development at this point. Secondly, it cannot happen at this time, because it is occupied by the veterinary clinic until their new facilities are completed. Mr. Hawkins asked about the setback. Mr. Cook stated they would be ten feet from the current 100-foot right-of-way. They would not be ten feet from the proposed 20-year right-of~way which would have added another twenty feet to the total right-of-way or ten feet on each side. Mr. Hawkins asked if they would need to be compensated if the right-of-way was ever taken. Mr. Molitor stated that was always a possibility. It appeared the Department had already taken it into account and it is unlikely there would be additional improvements m"ade to this street. Mrs. Barton-Holmes stated the Engineering Department felt they had the necessary amount of right-of- way for what was intended for Old Meridian Street. Especially when US 31 is improved, the traffic will be limited somewhat by the interchanges. They did not feel the traffic amount would be increasing very much and they would not need,the additional right-of-way. Mr. Hawkins asked if they would forego any compensation if the right-of-way was taken in the future. D Mr. Cook stated they would still be outside the right-of-way even if it were taken. Mr. Hawkins was reluctant to approve anything that would have any future financial possibility for the City. Page 4 of? u u u Carmel Board of Zoning Appeals Regular Meeting May 19, 2008 Mrs. Torres pointed out they are not encroaching on any right-of-way in asking for the reduced setback. So there should be no compensation. Mr. Molitor felt any compensation could come ifthe City really needed to widen the street. However, he did not feel the city would widen the street enough to take out any of the buildings. Mrs. Plavchak felt that by approving these two buildings there would not be a special landmark building at the comer. There are no current plans for the most prominent building. She would like to see the entire site plan because it is a prominent comer. Obviously the City thought enough ofthe site to want to make it a landmark building. She felt it deserved that kind of treatment because of its location. She wanted to see more attention paid to the comer building before she approved the two plainer buildings. Mr. Hawkins agreed. He wanted to see a finalized development plan with a site plan and better understanding of the long-term project. He would like to see it go to Special Studies before the BZA makes a decision. Mrs. Plavchak understood the facility on the comer would not be built for a while, but she wanted to see how the [mished project would look. She was not comfortable with waiting to see what was left over in parking and building something with the leftovers. She felt it should be the first priority and something special. Mrs. Barton-Holmes stated the Department was continuing to work with the Petitioner on the building design. They have been making progress, especially on the landmark building. That was the reason they suggested moving the project on to Special Studies to give the Petitioner some more time. Mrs. Torres felt there were four petitions that should be decided and not what might happen on the comer in the future. The site is fairly well developed. She was not sure what other infonnation the Board needed. It would be nice to see the comer plan. She felt they had a sneak peek of the idea for the building. She felt they should consider these two buildings by themselves. Mr. Cook stated the comer building would be included in the plans, if they had a proposed user. They do have significant use of one of the two proposed buildings. The developer recognizes economically and otherwise that the corner is the most important part of the development. He will do what he can to develop it properly. It will need to come back for review ofthe plans and will be subject to scrutiny then. In tenns ofthe parking, they have utilized all the parking available, recognizing the need for on- site retention. The main question is how to allocate parking among the improvements on the site. That is why they believe they have left enough parking to accommodate the comer building by not having the north building occupied on the second floor. Mr. Hawkins thought the plans for the northern building looked nice. He agreed with the Department. He w9uld like Special Studies to take a look at the details for site plans, landscaping plans and other things. Mr. Cook appreciated the opportunity to present the project and understood the Board's position. Mr. Molitor stated some commitments could be made through the Special Studies Committee with respect to the comer building. Page 5 of7 Carmel Board of Zoning Appeals Regular Meeting May 19, 2008 Mr. Hawkins moved to continue Docket Nos. 08030010 V through 08030012 V and 08050001 V, u.... Stout Shoes Buildings until the June 23, 2008 meeting. The motion was seconded by Mrs. Torres and APPROVED 3-0. 711. Mueller Property South Underground Limestone Operation TABLED UNTIL JULY 17 The applicant seeks the following special use 8fJproval: Doeket No. 08030032 8U .4..-ppeHdix .\: Use Table UHderg:rouHd mi:R:ing in resideHtilll mstFiet The 96 aere site! is located at 5315 East I06th Street and is zoned Sl/Rcsidential. Filed by H. \Vayne Phears of Ph ears and Moldovan for Martin Marietta Materials, Inc. i. Old Business 1-2i. Monon & Main, Units 3A, 3D, & 4F. TABLED UNTIL JUNE 23 The applieant seeks the follmving development standards variance approval: Dock-et Nos. 08030014 Hi V SeedeD Hi.2(; ofPUD Z 4(')2 04 BOD resideBtiaJ uses OD 200 ~N-llooFs Docket Nos. 0803002(; 28 V Sedion 2.13;B afPUD Z 1(;2 01 :1 car garage requircmeBt The sites are located nartheust of TRird .^.'le NW and Main St., and are zoned PUD/Plannect Unit De'lelopment. Filed by Mr. mid Mm. .'\rdalan for Saari GalIef)'. 3-9i. Circle K/Shell TABLED UNTIL .JUNE 23 [J The applicant seeks the follovling development standards 'lariaflCe approvals: Dock-et No. 08930019 V Section 23F.()5.IHBBuild to liRe grcater than 10' Dock-et No. 08030020 V Section 23F.07.02 Height uBder 26' Doel.et No. 08030021 V Section 23F.07.IH ORe occupiable floor Docket No. 08030022 V Sectien 23F.08.01 Floor Area Rat~omiRimum 0.5 Dael.et:No. 080~0023 V SectioB 23F.06.02 Frontage minimum 70% Docket No. 08030024 V Section 23F.lS.02 ParkiHg located in froDt afbuilding Docket No. {l8030025 Y SeetioH 23F.l UB Landscaping & sereenmg The site is located at 1230 South Rangeline Road and is zened B3/Business, 'lfithin the Carm.el DrivefRangeline Road Owrlay. Filed by Donald Fisller of Insight Engineering for Mac's Convenienee Stores, LLC. 10i. Woodland - Perkins Garage Addition WITHDRA WN The apphcLlTlt acela> the fello'.ving development standards variance appro'lul: Docket Ne. 08030033 V Section 7.04.03,,4~ Encroaching into 35' front yard setback The site is located at 20 I Woodland Dri'.'e and is zoned Rl ,ISingle FaHeRly Residential Filed by ROSG & Buffy Perkins, O'llnerS. J. New Business There was no New Business. u Page 6 of7 u u u Carmel Board of Zoning Appeals Regular Meeting May 19, 2008 K. Adjoununent Mrs. Torres moved to adjourn. The motion was seconded by Mrs. Plavchak and APPROVED 3-0. The meeting adjourned at 6:45 PM. ~ Connie Tingley, Secreta /, S:\Board of Zoning Appcals\Minutes\Boanl of Zoning Appeals. 2008/20080519.rtf Page 70f7