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Home My WebLink AboutDept Report 03-26-12 • CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT MARCH 26,2012 1-3. (V) Meridian&Main, Parcel 1. The applicant-seeks<the following,development standards variance approvals: Docket No. 11120012 V ZO Chptr. 23B.08.03.A building must have 2 occupiable floors. Docket No. 11120013 V ZO Chptrs.27.08&23B.12.A.1 required#parking spaces. Docket No. 12020007 V ZO Chptr. 23B.08.05.A minimum gross floor area of 15,000 sq. ft. The site is located at 1440 W. Main St. It is zoned B-6/Business and lies in the US 31/Meridian St. Overlay Zone. Filed by Joseph Scimia of Baker&;Daniels LLP,for Meridian 131, LLC. • i General Info & �w? ,` '1 Anal tssis c:tr .. r „ - { 1r ' � z :'r T '. 1 , �� , The petitioner seeks P •1� r `+< ff�: ' "e411 1:b, r �;�r{� �� .� �a� �, � r ,�� ,� ;� al � ddy�� three additional 9 'f y�`aF �,v .�,gy„d M; t�` °;''' �y ^1rl L r.. �1° is c 1 DR ;'•'fib `,��tw CCCC � -� "� r �. � x-,41 k , variances for this v �r i ra O'zi�y c�';r 4»a. iy 1 F r a,... -, , r b 7�. 8a L, .„,q '� t�°"�i” t ' rk K 4 Y, '' �" �d sr1�� arcel,to develo the ��i4,q ,qr .� 0 ftr i,'+ p p ' ' ' . ti�' ! '' `' r`' '',�� i i ,, „ �r0tr site as retail site and �� t, , raw � s 'yrb�FriiM1� us 3.l .r ,.r ! „A3'"'`�-'�iwi id' � rt "te�!�CYIi '.e )` t'�' Ea�Yr�' t"`^ .as medical use One•U'll r �, r�'�' Y �`"S@,� t t.,, i•F X34 c-( C' i FF ,^ ,y *%rr b,y yg � ,� ,+ ” I '`' �r >n ^t �c � ,1 variance is to allow , r+R i �„ �� ;fir �a t r � 4 � � only one-story yw4 +ri M +m. .rr* w� ` 'xc� c4,'wir �r"� y r.� srp,', 3±�;,� ' ' " W.. �t r j..; buildings to be built �` ��rr �r,.,P IP + � c � ,�I r w g i r • ' wp�z t1•j instead of the 2-story f aF �' 'f} �� t V minimum required . ,., S a�. ;x '+" ?rc'F^p," + ,, .&. by l s x iy al 3 S 17 t ^ n r � "� q av� , x �" y k b the US 31 r i�r vs �"� � YY'� II, i s^ I`g 4 i r � �� 3 j �r�„n+�i x c�'�'a �rp � �'TQ /� ,�� ,� ¢�, � .; ° � r x ^°°; r�G s� .,��:�� 7� � N ' Overlay. The second f! ' rr � s' $ F�/` /” * y e�.�'n ''t i. '�•,dautir � Aa Y' U 5 . t i1 variance is to allow a ��IIs ., � �x t�' k '� r �� " ,�'� � 'ails � �" ��'� decrease in the•,gIlgpp.�.� t'^u� �14� �'�6A 1�Aj,r. 4. � p�u� 1 1`{� 4,47441f.'1�j d ' �,.+ r tt„ `' Ibi id {Yi _ +9s, 5a"' ` ^ t o�a '" � i q i a „ a py -'F., „ t9 nllmlTlum nUillber Of �M+.ate j st � ,+ required parking z 131 ST �" a� t4 �� spaces,i 74-1,4 s s aces from 150 to 127. The third variance is to allow one of the buildings to have a 13,000 square foot gross floor area,when at least 15,000 s.f is required. Please see the petitioner's informational packet for more detail on the site plan and variance requests. Docket No. 11120012 V:The use for this sitethas already been established,per;a variance in 2009(Docket no. 09050013. UV)to allow 100%of the area of the buildings to be used for retail. The US 31 Overlay only permits 15%of the area of buildings to be used as retail,however a variance was granted,and the Department is not opposed to these buildings being retail,with some limitations to uses which have historically gravitated to corner locations,such as gas stations and pharmacies. When Docket no. 09050013 UV went before.the BZA to allow 100%°retail uses,a companion variance was also filed to permit one-story'buildings(Docket 09050012 V.) The Department was not in favor of reducing the number of occupiable floors in the US 31Corridor,especially at this location. Docket No. 09050012 V'was later tabled and dismissed which made the Department more comfortable in supporting the requested Use Variance (09050013 UV)to allow 100%retail. The petitioner'is back before the,BZA for a variance to allow a reduction in height and not have 2 occupiable floors. DOCS believes the new site plan the petitioner has prepared better addresses the corner of this important intersection and will help mitigate any negative impacts from reducing the building height. Also,the building massing that the petitioner haspresented the Department gives the feeling of a two-story building. While the Department'believes the architectural controls in the Overlay will limit many uses on the site,Staff would also ask the Board to consider some limitations to retail uses on this parcel, such as gas stations,pharmacies and fast food,with drive-thru, as.a;part:ofthe approval of this height variance. 6 Docket No 11120013 V: This site borders the Old Meridian.District and is near existing multi-family homes.The site could also serve the users of the existing medical office buildings in the development. Staff believes it is critical for this site being designed to be designed.in_a pedestrian'friendly manner: The City has worked closely with INDOT to,ensure that pedestrian facilities are designed into the planned improvements at this location, including side paths alongboth sides of the Main Street bridge over US 31. With ample sidewalks and bike paths,being constructed,users to this development will have the option to walk,or ride bicycles rather than to solely drive,which coincides with the proposed reduction in the required parking. The,location.is also in close proximity to a proposed hotel and would allow customers convenient access to retail services. There also appears to be potential for shared parking between uses within the overall Meridian& Main development. Docket No. 12020007 V: Two (each s each one-story in height)are proposed to be built on this site,totaling 28,000 square feet. One building is,proposed tp be 15,000 square feet and the other. is proposed to be 13,000 square feet in floor area.The variance is for a.deviation of 2,000 square feet for one building. The Department is inclined to support this variance as the petitioner has worked with us to prepare a new site plan. This new site plan locates one of the buildings at the corner of Main Street and Pennsylvania Way,and the building will provide a massing that gives the illusion of a two story building. There are a few minor adjustments that the Department would like added to the site plan (such as a sidewalk connection`to Main Street and the relocation ofthe dumpster), however DOCS believes these changes can be made as part of the ADLS approval which will be heard at Plan Commission in April. Findings of Fact,'2 Occupiable Floors Variance: 1. The approval of these variances will not be injurious to the public health,safety, morals,and general welfare of the community because: the site plan and building massing will,address the southwest corner of the site in a way that is consistent with the goals of the City;even:though there are not 2 occupiable floors,the building heights will be taller than,an average one-story building height. 2, 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 site and building architecture are designed in such a way that this project will enhance this very visible corner. 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: two 2-story buildings on this site would be hard to accommodate,along with their required parking space requirements. Findings of Fact. reduced number-of parking spaces: 1. The approval of these variances will not be injurious to the public health, safety, morals, and general welfare of the community because: there will still be 127 parking spaces on site and the planning areas south and east encourage pedestrian friendly 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: there will still be 127 parking spaces on site and the planning areas south and east encourage pedestrian friendly,development as well. 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:road right-of-way is being taken as part of,a road improvement project by 1NDOT, reducing the size of the parcel. Findings of Fact; reduced maximum gross floor area: 1. The approval of these variances will not be injurious to the public health, safety, morals,and general welfare of the community because: The variance is for a deviation of 2,000 square"feet for one building. Two buildings will be built on this site,totaling 28,000 square feet. (And,a minimum gross floor area of 15,000 sq. ft. is required.) 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 variance is for a deviation of 2,000 square feet for one building. Two buildings will be built on this site,totaling 28,000 square feet. (And, a minimum gross floor area of 15,000 sq. ft. is required.) 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: having to meet the minimum of 15,000 sq ft per building will affect the total parking space requirements,and this site might not be able to be developed. Recommendation: After all comments and concerns have been addressed,the Dept. of Community Services recommends'positive consideration of all 3 variances,with the limitation of retail uses as mentioned above. 7