HomeMy WebLinkAboutPacket for HO 01-25-21
Lakeside Apartments – Phase II
Development Standards Variance
Docket No. PZ-2020-00226 V
DEVELOPMENT STANDARDS VARIANCE APPLICATION
CITY OF CARMEL, INDIANA
January 25, 2021
Carmel Board of Zoning Appeals
Applicant: JC Hart Company, Inc.
Attorneys: Nelson & Frankenberger, LLC
Jim Shinaver, Attorney
Jon C. Dobosiewicz, Land Use Professional
317-844-0106
TABLE OF CONTENTS
1. Explanation of Request
2. Site Location Map / Aerial Photograph
3. Color Site Plan
4. Building Elevations
5. Floor Plans
6. Streetscape
Gateway Building Details
7. Variance Ballot Sheet
8. Variance Findings of Fact Form
TAB 1
EXPLANATION OF REQUEST
The applicant, J.C. Hart Company, Inc. (“JC Hart”) is proposing the redevelopment of a portion of the
real estate which is commonly known as 645 West Carmel Drive, located south of and adjacent to West
Carmel Drive and identified by the Auditor’s Office of Hamilton County, Indiana as tax parcel identification
number 16-09-36-00-02-005.000 (collectively, the “Real Estate”) for the construction of an apartment
community. The Real Estate is outlined in yellow on the exhibit behind Tab 2.
By way of general background, the Atapco Redevelopment PUD was enacted on November 4, 2013 as
Ordinance No. Z-581-13 (“Atapco PUD”). In this regard, the Atapco PUD allows as a permitted use “multi-
family/apartments”. To this end, JC Hart obtained ADLS/DP approval from the Plan Commission on
December 1, 2020 (pursuant to Docket Number PZ-2020-00080) for this next phase of this master planned,
mixed-use community which consists of removing the existing office building that is currently located on the
Real Estate in order to construct a well-designed apartment community that will consist of three (3) buildings
that will include a total of one hundred and ten (110) apartment units as illustrate on the site plan included
behind Tab 3. In order for the next phase of this development to occur, JC Hart is filing a development
standards variance request from the Board of Zoning Appeals pertaining to the following:
Atapco PUD, Ex. F, Section E: Public Entrances will be provided on the street side of all Residential
Buildings located within fifty (50) feet of the street right-of-way.
JC Hart is proposing that some of the apartment units include private entrances on along the Carmel
Drive street frontage as illustrated on the building elevations provide under Tab 4. In this regard, the building
entrance design and positioning was vetted during the DP/ADLS review and approval process and the
proposed private entrances to the apartment units adjacent to Carmel Drive were explained to the Plan
Commission during their review and the design is supported by DOCS Staff. As such, the proposed building
designs including public entrance locations for the proposed apartment buildings received DP/ADLS review
from the Plan Commission and approved on December 1, 2020 by the Commercial Committee.
The requested variance is limited in scope to public access into the buildings. Public access to the
buildings, as proposed, provides appropriate access to parking and discourages vehicle / pedestrian conflicts
along Carmel Drive where no on-street parking exists. Parking for the proposed buildings is to the side and
rear of the buildings. However, because these buildings will front directly onto Carmel Drive, the building
design includes four-sided details for enhancing the elevations to look more like fronts (see Streetscape and
Gateway Building Details provided behind Tab 6). Staff worked diligently with the Petitioner to improve the
original design and meet all other PUD requirements. The resulting plans provide enhancements to the
façades, which include: creating symmetry, adding entrances, including a wall along Carmel Drive with large
pedestrian gateways to create the look of a continuous façade meeting the intent of the subject public entrance
ordinance standard.
Included within this brochure are the plans that fully detail the Variances requested for the Lakeside
Apartments: (i) Color site plan (Tab 3); (ii) Building elevations (Tab 4); Building floor plans (Tab 5);
Streetscape and Gateway details (Tab 6); and a ballot sheet and Findings of Fact for the Development
Standards Variance (Tab 7 and Tab 8, respectively).
We look forward to presenting this request to the Hearing Officer on January 25, 2021.
Respectfully submitted,
________________ _________________
TAB 2
SITE
NORTH
Lakeside II Apartments
Site Location Map / Aerial Photograph
Carmel Drive
Guilford Road
TAB 3
TAB 4
TAB 5
TAB 6
TAB 7
EXHIBIT “E”
CARMEL/CLAY BOARD OF ZONING APPEALS
BALLOT SHEET for FINDINGS OF FACT – Development Standards Variance Requests
Docket No.: PZ-2020-00226 V
Petitioner: J.C. Hart Company, Inc. – Lakeside Apartments Phase II
1. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
2. _____________________________________________________________________________________
_____________________________________________________________________________________
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3. _____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
DATED THIS 25th DAY OF January, 2021.
__________________________________________________
Board Member
TAB 8
EXHIBIT “E”
CARMEL ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.: PZ-2020-00226 V
Petitioner: J.C. Hart Company, Inc. – Lakeside Apartments Phase II
FINDINGS OF FACT – DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of
the community because:
The requested variance is limited in scope to public access to the proposed apartment building, which are a permitted
use on the subject Real Estate. Public access to the buildings, as proposed, will result in no injury to the public health,
safety, morals and general welfare of the community.
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 requested variance is limited in scope to public access to the proposed buildings which are a permitted use on the
subject Real Estate. As a result, the use and value of the area adjacent to the subject Real Estate shall not be affected
in a substantially adverse manner based on the location of public access into the buildings.
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 requested variance is limited in scope to public access into the buildings and is necessary in order to develop a well-
designed apartment community. Public access to the buildings, as proposed, provides appropriate access to parking and
discourages vehicle / pedestrian conflicts along Carmel Drive where no on-street parking exists. Parking for the
proposed buildings is to the side and rear of the buildings. The strict application of the Atapco PUD standard would
prevent a building entrance layout that is appropriate due to the function of Carmel Drive which has no on street parking.
However, because these buildings will front directly onto Carmel Drive, the building design includes four-sided details
for enhancing the elevations to look more like fronts. Staff worked diligently with the Petitioner to improve the original
design and meet all other PUD requirements. The resulting plans provide enhancements to the façades, which include:
creating symmetry, adding entrances, including a wall along Carmel Drive with large pedestrian gateways to create the
look of a continuous façade meeting the intent of the subject public entrance ordinance standard. As such, the proposed
building designs including public entrance locations for the proposed apartment buildings received DP/ADLS review
from the Plan Commission and approved on December 1, 2020 by the Commercial Committee.
DECISION
IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance
Docket No. PZ-2020-00226 V is granted, subject to any conditions stated in the minutes of this meeting, which are
incorporated herein by reference and made a part hereof.
Adopted this 25th day of January, 2021.
____________________________________________________
HEARING OFFICER, Carmel Board of Zoning Appeals Member
________________________________________
SECRETARY, Carmel Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).