HomeMy WebLinkAboutDept Report 9-27-04CARMEL/CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
September 27, 2004
2-10h. West Carmel Marketplace
The applicant proposes a shopping center and seeks the following Development Standards Variances:
Docket No. 04050029 V
Docket No. 04050030 V
Docket No. 04050033 V
Docket No. 04050034 V
Docket No. 04050035 V
Docket No. 04050036 V
Docket No. 04070008 V
Cha >ter 23C. 10.02.2
Cha >ter 23C. 13
Cha>ter 25.07.02-11.b
Cha ~ter 25.07.02-11.c
Chapter 25.07.02-11.c
rear foundation plantings- Primary Bldg
access to tracts
sign number & type
wall sign area-Primary Bldg
ground sign area
Chapter 25.07.02-11.d.i ground sign height- Primary Bldg
Chapter 25.07.02-11 (g) extra changeable copy area
Docket No. 04070009 V Chapter 23C.09.D facade projections/recessions
Docket No. 04070010 V Chapter 23C.09.D facade material change: horizontal-vertical
The site is located northeast of 99th Street and Michigan Rd/US 421. The site is zoned B-3/Business-
B-2/Business within the US 421 Overlay. Filed by Mary Solada of Bingham McHale for Duke Realty.
General Information:
The petitioner seeks approval
for nine variances regarding a
shopping retail center
currently comprised of 3
buildings and two additional
outlots and one larger Block
designated for future
commercial development.
The variances are for
foundation planting on the
Principal building, access to
the tract from US 421, wall
and ground sign area, ground
sign height, and fa¢ade
design.
Analysis'.
The variances requested are to aid the project in traffic flow and aesthetics. There are seven requests
related to signage and building design. The Department is in favor of these pursuant to the
modifications made as part of the ADLS approval. One request relates to landscaping which is
supported based on additional plantings that the applicant will be providing along adjoining properties
and along Commerce Drive.
The final variance has been filed for access to the tract (creating a new curb cut onto US 421). The
Department is in support of this request subject to the recording of commitments by the applicant
regarding access geometrics and timing. The improvements include the extension of Commerce Drive
to 96th Street, improvements to 96th Street between US 421 and Shelbome Road and the installation
of a signal at 99th Street and US 421. Based on our analysis these improvements will significantly
reduce traffic congestion at 96th and US 421. These improvements would occur now as a result of
Duke Realty moving forward with their proposed plan.
The Department does not want to jeopardize the significant long-term benefits of these improvements
.... h th Street signal is reiected now and
by only supporting one s~gnal along US 421. Iromcally, ~f t e 99
improvements are made to Retail Parkway, we may find ourselves installing the 99t Street signal in
the future anyway to serve further development in the vicinity. Then we would have the worst of both-
two signals and the double left turn lanes installed at the wrong one.
After considerable discussion on the issue it is our position that, at this time, we are in support of the
request for a second signal between 96th Street and US 421 at 99th Street. Based on our analysis of the
traffic studies submitted to date the second signal will not reduce levels of service along US 421. In
fact the package of proposed improvements will do much to reduce congestion specifically at 96th and
US 421.
Findings of Fact: Foundation Plantings - Primary Building
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because: The reduction in the number of foundation
plantings around the Primary building will be offset by planting in other locations of the site.
The required number of plantings will still be met.
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 reduction in the number of
foundation plantings around the Primary building will be offset by planting in other locations of
the site. The required number of plantings will still be met.
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:
The strict application of the Zoning Ordinance may result in practical difficulties in the use of
the property due to fact that the site layout will have to change, resulting in possible
deficiencies in the number or parking spaces or the floor area allotted to a tenant, causing a
possible decline in sales.
Findings of Fact: Access to the Tract
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because: information submitted by the applicant and
verified by the Department indicates positive impacts to the surrounding intersections resulting
from the package of road improvements illustrated under the traffic study.
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: information submitted by the applicant
and verified by the Department indicates positive impacts to the surrounding intersections
resulting in improved access to adjacent properties and through the area.
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'
In this case, the strict application of the Zoning Ordinance would inhibit the improvement of
the operation of the overall traffic network in the area.
Findings of Fact: Signage' Sign area, Ground sign height, Number of
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because' the signage design, location, and size were
seen to be acceptable by the Plan Commission. The unique aspects will add to the site's
character as well as better directing traffic and providing better visibility to customers.
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 unique aspects will add to the site's
character as well as better directing traffic and providing better visibility to consumers.
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:
The Zoning Ordinance does not provide for a hierarchy of signage as proposed.
Findings of Fact: Faqade Design (Projections & Material change)
1.) The approval of this variance will not be injurious to the public health, safety, morals,
and general welfare of the community because: the facades will still have projections and
acceptable, quality building materials.
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 facades will still have projections
and acceptable, quality building materials.
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:
The strict application of the Zoning Ordinance may result in practical difficulties in the use of
the property due to fact that the owner might have to redesign the building footprint and
building elevations, causing a shift in the site plan, possibly causing a loss of planting and
parking area.
Recommendation'.
The department recommends positive consideration of:
1. Docket No. 04050029 V regarding foundation plantings,
2. Docket No. 04050030 V regarding access; subject to the filing of recorded commitments
concerning access geometries, timing, and the extension of Commerce Drive and
improvements to 96th Street,
3. Docket Nos. 04050033 V through 04050036 V and 04070008 regarding signage
4. Docket Nos. 04070009 V and 04070010 V regarding fal;ade design
Voting on the variance requests in the segments as identified above is suggested due to the
related nature of the individual requests and the items they involve.