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Home My WebLink AboutDept Report 02-27-12 ' CARMEL BOARD OF ZONING APPEALS , DEPARTMENT REPORT 'I FEBRUARY 27,'2012 - 1,-3. (V) Meridian:&& Main, Parcel 1. The applicant seeks the following development standards variance approvals: • Docket N4.111:20012'V ZO Chptr.'23B.08.03„A building must have 2'occupiable floors. ;Docket No.,11110013,V' ZO Chptrs. 27:08,8z'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 1440V. Main:St°:. It is zoned B-6/Business'and:.lies,in the US 31/Meridian St. Overlay Zone. '• ' Filed h∎'Joseph'.Scimia,of Baker&Daniels.LLP, for Meridian 13.1, LLC. r:. Au W vim. General Info & . � '" �� ' f �� nr - Analysis. ' s :''''* The petitioner seeks " E three.additional ' �` na ' �'�' '5 ,r variances for this '�a 1: • r$'' '' ',- parcel,to develop the , ^1...,, .. . site as retail site and as medical use.:One variance is to allow i 4 o only one-story' n r' �- Y buildings to be built instead of the 2-story tti _ ' - m , minimum°required. ,.,,,- I ' - by.,,theUS31 ;,�ti "I n Overlay. The second . ,,_'; l variance is to allow a - - � ,`� decrease:in the r r �._ _ mi mui pnuiiiber�of required arking -� ,4 1E, ;, , - s+ - spaces, from 150 to gw �' 127. The third variance is.to.allow >ne�of the'buildiii s to have a`13;000 square foot;gross,floovarea,.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.'111!20012 V Tlie.use fo .this.site'has 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 3.1 Overlay only.peimuts 15% of the area of buildings';to'be used as retail,howevera:variancewas•granted,and the.'Departmentis not opposed to these buildings being retail,with,some litnitations to uses which have historically gravitated to corner,h cations, such as gas stations and pharmacies. ' When docket nor 09050013 UV went before'the BZA to allow 1.00%-retail, a,companion variance was also filed to permit one-story buildings (docket;09050012'V) The Department was notin favor of reducing the number of occupiable floors i'n''the US•31Corridor,especially`at this^location. Docket 09050012 V was;'later'tabled and dismissed which made the Departiiierit more.comfortable in supporting the requested Use Variance(09050013 UV)to allow 100%retail. As this variance has:been'brought`before us'again,the:Department is still_notin support of 1-story buildings because we believe ' that multi-Story mixed-use buildings are still"feasible for this important transitional-site. This parcel is highly visible and-a . gateway for vehieles exiting US 31 and.traveling from west Carmel. We believe there are good local examples of successfiil.2-story or'partial 2-story mixed use, such as the Fineberg building on Carmel Drive/Range Line; 116`11 Street Center,;at;Guilford/1.16`h.,and Encore Sotheby's at 96t1i and US 31. ' Both Fineberg.and 116[1' Street Center r' provide fosecond story office space,but B less than 100% occupiable second floor. We'believe a partial reduction is'worthy of the Board's consideration. The Departrrment'believes an improved site;plan would enhance the corner and may mitigate any negative impacts from . reducingbuilding height. ,Staff still recommends the site plan be modified so the main building is located on the corner and along 1"3;lst Street,with all parking tucked fully behind. '(The petitioner has offered-a revised site plan'which is a little . closer'to what Staff envisions at this'corner,,but Staffis:not 100% supportive of the new site plan.) . • While the Department believes the architectural controls in the Overlay will limit'many uses on that site,Staff'would:.'ask. the Board to considevsome limitations to retail uses on this parcel, such as gas stations,pharmacies and fast food,:should approval of the variance be granted. Docket:No.'1'1120013 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 1NDOT to ensure that pedestrian facilities are designed'into the planned improvements at this location, including'side paths along both 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 thanto solely driverwhich 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 project. ' D'ocketNo. 12020007 V: Two.buildings (eachone-story in height) are proposed to be built on this site,totaling 28,000 square.feet. One building is,proposed to 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;00.0.square feet for one building. The Department is inclined to support this variance only IF'the site:plan is designed well. But,right now Staff is not,100% supportive of'the new site plan. 'Otherwise, it:might make,more sense to have,a 2-story building that fronts along 131St Street,with all the parking tucked_ behind the building,as originally contemplated in 2007. Findings of,Fact; 2 Occupiable Floors Variance: ' 1. The approval of these variances°will be injurious to the public health, `safety,'morals, and general welfare of the community because:.the proposed retail development would not be consistent with the overall goals and development pattern of the US'Overlay District. • • 2.. ''Th'e use and value of the area'adjacent to the-property included in the variance will be affected in a • substantially adverse manner because:-the proposed retail development would not be consistent with the overall - dev,elopment pattern of the US Overlay.District. 3,., The strict,application of the terms of the Zoning.Ordinance to the property will not result in practical difficulties in the use of the property because: this site could accommodate a single,larger& taller building as originally planned for'in 2007. Findings of.Fact,reduced number of parking spaces: ; 1. The,approval'of these variances'will riot 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 adjacentto.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 'arid east encourage--pedestrian friendly development as well. 3. The strictapplication 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,reducing the size of the parcel. Findin>s.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:Thewariance is for a deviation of 2,000 square feet for one building. Two buildings will be. built on this site,•totaling:28,0001 square.feet. 2. The use and value'of the area adjacent to'the property included in the yariatice will not be affected in a substantiall'y.adverse manner because:The variance is for a deviation of'2,000 square feet for one building.Two buil'd>ngs will be built on this site;totaling 28,000 square feet. 3. ,.The,,strict application'of.th,e terms,ofthe 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: A fter all convneri ts and c oncerns have been addressed,the Dept. of Community Services recommends negative consideration of Docket?No 11120012, positive consideration of Docket 11120013 V, and negative consideration of Docket no. 12020007 V (The Dept. is'inclined to support all variances if the petitioner can submit a site plan that the Dept. ,right now the Dept.is not inclined to support the revised site plan,as it still needs some work.) • De t. is`m favor of. 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