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HomeMy WebLinkAboutDept Report 8-27-12 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT AUGUST 27, 2012 1. (UV)Bickford of Carmel—Senior Living The applicant seeks the following use variance approval for an assisted living facility on a residentially zoned property: Docket No. 12060015 UV ZO Ch.5.01 Permitted Uses The site is located at 5829 E. 116th Street. It is zoned S-1/Residence. Filed by Richard Eby of Bickford Senior Living. ?, ,, ,,,..„: * ,a R rfAigurt , General Info: = ri u '- 0 The Petitioner is requesting a Use Variance L . ',4-. :za . d '` ... . 116th',St eet � - r,ua ' � �ry �7w to allow an assisted living facility in an S- F 1� „6 ,�� 40 ,� - r. , 1/Residence District. The site is east of the .'G {�S- an a -c. 4 tl'' 4„ - Mansion at Oak Hill, west and north of City t'V}i .%"his h "$ s 1 ;�� y.fF �. 1 a �, a A z� � �++ss ,. � �. �� � � � t_ q�rg � ,�AP�4 �:� `ta�za�� P#f 6 116th". � 4, °n 1 ' s 'vu� � property, south of 116 Street and single tA �� Mi M� ���, � [t P 4') : � � 1� '�,��,4 ��� /„� family residential, and southeast of -' � '� ,� + V°°� i � ;' , ' .' Founders Park. Part of this site is within 4 ,,`,, ,,°a alb s i , ,, t 4 „," , Flood Zone AE, the 100 Year zone. Please S ib ryy i{ �g�, � {x °� ,N �� � M see the petitioner's information packet z i . � x 1 '' 1F ,, ' .k --";1 1,;i '' :1 for more details. 1. �t� ' Y-1 p�&"1 w I 1 ` $ A;r 0: ea a Analysts: . 1, i , s"'7�'= ! ! ,,.-1_ xt -: . ., ', While the current zoning for this site is S- ��.,� 4, rg ,q� r r # t�( .� ti `111,:�c �^ y h d a G ,�, i �� u :� �'k�,,g, �}� �. �, � � � ��.A � �: 1/Residence,the uses immediately east and A ,Y , p , t a m ? q. f t z.' d :�,, a k g ,y A l , ', , r,t a. , ,y x 4 ; west of this site are not residential uses, although there is residential nearby to the north and further east. The proposed architecture has a residential character and will be required to meet the S-1 regulations for height, setbacks, etc. The Petitioner is proposing a new ground sign to identify the new building. It will be about 22 sq. ft. and 7'7" tall.The size meets the Sign Ordinance, but the height is too tall. The sign height must be reduced to 6 feet; otherwise a variance will be required.The overall design of the sign matches the building, and the Department believes it is designed well. The Carmel Clay Comprehensive Plan (C3 Plan)designates this area as a Community Vitality Node on the Land Use Plan. The dominant uses in a Community Vitality Node include retail, service, office,entertainment, restaurant, and institutional. Although residential is allowed,it is only allowed on upper floors. The Zoning Ordinance classifies assisted living as a residential use. Under the C3 Plan, it can be classified as Attached Residential. While this type of use does not fit in perfectly with the Land Use Plan for this area,it does fit in with the existing, surrounding uses and is considered a best fit when adjacent to a Community Vitality Node. The Department is satisfied with the landscape design proposed, the architecture, and the site layout. If the Use Variance is approved, this project would be reviewed again by the Technical Advisory Committee for the construction plans. Based on the proposed use and the sensitivity of the design of the project to the surrounding area.DOCS is supportive of this Use Variance. Outstanding Comments: -The current sign height is higher than the maximum 6 feet allowed. -Please provide a color rendering of the sign. -The Department requests a pedestrian connection from the multi-use path along 116th to the building. -Bicycle parking is required at a rate of 5 bicycle parking spaces per 100 parking spaces with a minimum of 4 spaces. Please revise the site plan to illustrate this. -The Department also requests that the petitioner commit,to the site plan and architectural drawings that have been submitted as a part of this Use Variance or the petitioner could go through the ADLS approval process at a later date. 3 Findings of Fact: 1. The granting of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: it will be difficult to develop this property under the current zoning due to the existence of the flood plain and because the proposed use will be compatible with the surrounding uses. 2. The granting of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: this proposal will be compatible with the surrounding uses and the site design and architecture will be sensitive to the surrounding uses. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: this use will be compatible with the existing and surrounding uses and the site design and architecture will be sensitive to the surrounding uses. 4. The need for the variance arises from a natural condition peculiar to the subject property because: the vast majority of the parcels are within the flood plain of the White River and part of the acreage is well below the base flood elevation. This makes it very difficult to develop the property for a single-family residential subdivision,per the zoning classification. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: The Carmel Clay Comprehensive Plan does support this use adjacent to Community Vitality Nodes which. could still develop nearby. Recommendation: After all comments and concerns have been addressed, the Dept. of Community Services recommends positive consideration of Docket No. 12060015 UV with a commitment to the site plan and architectural drawings as presented. 4