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Home My WebLink AboutDept Report 01-24-12 r , CARMEL BOARD OF ZONING APPEALS . DEPARTMENT REPORT I JANUARY 24,.2012 3-4. (V) Meridian &Main,Parcel 1. The applicant seeks the.following development standards variance approvals: Docket No. 11120_012 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. The site'is located at 1440 W. Main St. It,is zoned B-6/Business and lies in the US 31/Meridian St. Overlay r� 'q Zone. Filed,by.'Joseph Scimia.of Baker&Daniels,LLP, for Meridian 131..,LLC. � ' - � t ,T.A.- 6 s t 0t 3 , • wilt' 0 sy, $A; �i ,4 ae } `' ^:0. U'.0 General Info.& ry�� F a5d' "^;��r +�� 'y'4mr"'` .:_,.-J,10-_,,,,;:,L r m i a- 7 '� 'p�`.r,.� �..i .rF, a'm�'�Fj,'`"p t 1,-i?.��}•I 6 ` r .1*w La a. s � e The petitioner seeks o,Y �'..;4i,- E A Wm h µ �'.PL r i ,. . u. �. :, ra' ft S * J *". }ir ". 1,•'_ r o z ,,, .,. two variances to u ,i Wry r. +t dGt. F.�A ➢ 'rt M Y , � nom ; t Y �� '' �' { develop the site as a ` h 7fi e .;.4 " ' p7 Nt �L y m xa a a�' '� �D ti�. A't �,� t ,�' �, �,�- vY� e , � k � 8'"'�a vt y�ry , a ',,,,,"0.-." ry ' 7„ - '' F �,�� r F , �' -,a . - retail site. One mm t vr. i L�f �J ` 1°v ( 'Aa, ! R,_ 4 Fi i �( t US S 31 q y, c ,,' ,q p,2,':'•.,'# �,pa.' . •, o1,,, 'wf �6*, o W,�'` , 4. variance is to allow kT T,. t c, ± ,. r s . +. - 1, w ,s _a n Res fP�i t,'' l. a t 3 W " F�''ka: d 5 r 3 F i tr f'�?'r a� 7 i t k— e U+ M.. ��6 .4. �6€; : . s 4-...4,,k-L...:;':;,:::„ a r only/one sto i12 L , i e i- eyaRa : :. F�l Ft Y , i ..�!b .� ,, f ,- 1d rr �' 1 J ry ,z , r.''. ,,�i •Y+', ,e-,,,,,i.;:'- Y X4' ,, a,. , ��y�'7 . a t i,T, x ' a buildings to be built � ,��`•,- 'Tm Y � .��°''Y �3. X: � �c I�,�^qt,'aj'`tiLTnt t 4 � �u C .d ''a. r' _ - .' a a,Y r t r ,� ' �n,� � �� ,`:i1 fo fir,, instead of the 2- x„ a n,. .•'4 ^* � ,i.3`.7--a .. v m l ° -''a *�� • r o .-Yh' T,:F a I rY- az r N y b� ' story minimum Q° ; ;r 3 `�.�_� a r- '4,` k ii-9 F T4--.4?-e6.%1411,:-, required by the US•:;".C( r t , ` a'^4 "..,2 l,5'4....;�,;- Y_tCF''4i.;r yi1: ',;i�� y'•,+ i,_ i y,' t'! t ,;%.I ,,. R y'F �f tN'-.-, i } P°;,"'�i}' f L.', , ' 1 7 ,17 '. 3.1 Overlay: The Y fix {a i h 1 4 n,,.✓.._ r, , ,, , C,1. Fn', 1 Po W" 3 �: - �; ,27:1,4 � �� F w, second variance is k� �, y �. ,,�.y�qb ' ��, 1[ �'f'uv, r.�t .ti.,fi �t r�4�kY, "!#��e.c ry�� r� �+�e: � � �rr d� Y �'{R 91V,1 Q. 5 t ' , (: --1- 1 ' ,.4e�,f f i+Nl9l�„y. 17 ,� / - � � � � � vE-�,�,� � � ,�?�� .�u�3 `��4%i%, �-�ap�p,�,¢¢�; to allow a decrease / P ?j t 1 fi r`�- ,,t ,.F^- £ a.q m,. A.. r# F .N ,t, ,, ''� ,At , r ' -'4 ,:t ..i/ t'�" E :�.i F.kit' .:� rte°' x`t,,, 1i - .r .'„1 '+`0,' , , a :� 4., "%� in the minimum r t ,,r r x -,.,- , r ', i L07� ,, - ,.r�� '", �i ,, number of required ,... 1st — parking spaces, � r. Z�°y 1;3'1 ST �� 'r `�fr�-�a -�� t ,,i,, i . �® > a ,V-.-5..--,4-, rn,;1 i r - , t ' , from 150 to 127. . r li.,'F ,,;,;N 4zn,. , °'_... ' h„'u-,.,3F�O '.. ;9': k",e?. 1 _r .L,t+ : a ,o rr t> gFt-l',1 Docket No. 11120012 V:The use for this site has already been established,per a variance in 2009 (docket 09050013 UV,)to allow 100%o of the area of the buildings to be retail. The US.31 Overlay only permits 15% of the area of buildings - to be used as retail,however a variance was obtained 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 09050013 UV went before=the:BZA to allow 100%retail, 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 corridor,especially in this location. Docket 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. As this variance has been brought before us,again, the Department is still not in support of 1-story buildings because we believe that multi- story mixed-use buildings are still feasible•forthis important transitional site. This parcel is highly visible and a gateway for vehicles exiting US 31 and traveling from west Carmel. We believe there are good local examples of successful 2- story or partial 2-story mixed use,such as the Fineberg building on Carmel Drive/Range Line; 116th Street Center at Guilford/116t; and Encore.Sotheby's at 96th and US 31. Both Fineberg and 116th'Street Center provide for second story office space,but less than 100%occupiable second floor. We believe a partial reduction is worthy of the Board's consideration. • The Departmentbelieves an improved site plan'would enhance the corner and may mitigate any negative impacts from reducing building height. Staff would recommend the site plan be modified so the main building is located on the corner, with parking tucked behind. While the Department believes the architectural controls in the Overlay will limit many uses on that site, staff"would ask the Board to considersome limitations to retail uses on this parcel, such as gas stations,pharmacies and fast..food, should consideration of the-variance be given. • Docket No. 11120013 V: This site borders the Old Meridian District and is near existing multi-family homes. It.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 sidepatlis 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 than to solely drive which.supports the proposed reduction in the required parking. The location is in close proximity to the hotel would allow customers convenient access to retail. services. There also appears'to`be potential for shared parking between uses within the Meridian&Main project. Please see the petitioner's informational packet for more detail"on the site plan and building design. 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 Overlay'District. 2. The 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 development pattern of the 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 building as originally planned. 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 siteand 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: right-of`wayis being taken, reducing-the Size of the parcel. Recommendation: After all concerns have been addressed, the Dept of Community Services recommends negative consideration of Docket No. 11120012 and positive consideration of Docket 11120013 V.