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HomeMy WebLinkAboutDepartment Report 09-21-21 1 CARMEL PLAN COMMISSION DEPARTMENT REPORT SEPTEMBER 21, 2021 1. Docket No. PZ-2021-00134 Z: GOAT Rezone. The applicant seeks B2/Business rezone approval. The site is located at 220 2nd St SW in Frank Hawkins Addition Lot 1. It is currently zoned R2/Residence and Old Town Overlay, Character Subarea. Filed by Dave Coots of Coots, Henke & Wheeler, on behalf of Tomahawk Holding LLC, owner. Location Overview: This site is located at the northwest corner of Monon Boulevard and 2nd Street SW. The parcels to the west and northwest are zoned R-2/Residential and are within the Old Town Overlay Character Sub-Area. The parcel directly north is owned by the Carmel Clay Historical Society and is zoned C-2/Mixed Use. To the east across Monon Boulevard are the Old Town on the Monon apartments and some businesses, zoned C-2/Mixed Use. Further southeast is the Midtown PUD, where Sun King and the Allied Solutions Buildings are located. Directly south is The Railyard mixed use building with apartments, restaurant/retail space and an interior parking garage. It is zoned C-2/Mixed Use. Please view the Petitioner’s informational packet for more detail. Site History: Within the last year, the City attempted to rezone this parcel to C -2/Mixed Use District, along with the Carmel Clay Historical Society property to the north. That was under Docket No. PZ-2020-00177 Z. However, after much discussion with the property owner, the Mayor, City Council members, and neighbors, it was determined that a rezone to C-2 was not appropriate. This matter needed to be heard by the Board of Zoning Appeals, as that was the original body which allowed for the prior restaurant use on the site (Bub’s Café: 07020017 UV – use variance for café/breakfast operation, 07020018 V – reduced number of parking spaces, and 07020019 V – uncurbed parking). The Petitioner then filed a new Use Variance request, under docket number PZ-2020-00229 UV. Ten additional variances were also filed to bring this site into compliance for this use to operate as currently built out and proposed at the time. Those variances were pertaining to Old Town Overlay Character Sub-Area requirements, as well as sign standards, and accessory structure standards. The Use Variance was denied by the Board of Zoning Appeals at the April 26, 2021 meeting. The remaining variances were tabled indefinitely, with one variance withdrawn. On July 12, 2021, the Hamilton County Superior Court issued an order vacating the vote of the BZA’s decision to deny the UV for the GOAT. While the BZA was working through the court order, the Petitioner submitted the Rezone request to change the zoning of this site to B -2/Business (and still within the Old Town Overlay Character Sub-Area) that is before the Plan Commission currently. Later, on August 13, 2021, the Planning Department received a letter from the Petitioner asking that the UV and variances be withdrawn. Comprehensive Plan (C3 Plan) Analysis: The Carmel Clay Comprehensive Plan (C3 Plan) was enacted to help manage growth and development by identifying the intended intensity of commercial development and potential density of residential development throughout the City. The area of this proposed rezone is classified as an Area for Special Study. The Special Study has not been completed; however, the Midtown area has developed significantly over the past few years. Careful planning through the Midtown PUD (14090009 Z/Z-599-15), work with the Carmel Redevelopment Commission for new buildings on C-2/Mixed Use zoned properties, the new Monon Boulevard and Midtown Plaza (designed by the City) have all created a vibrant, desirable place to live, work, and play. The work done in this area ties into and fulfills many general city-wide policies and objectives, as well as objective specific to North Central Carmel. Some of these are: City-wide Policies and Objectives: 1.2 – Recognize the uniqueness in each planning district and establish regulations, subarea plans, and/or pattern books to preserve these unique features. 1.3 – Be very sensitive to connectivity and transitions between adjacent areas. Discourage unplanned or harsh contrasts in height, building orientation, character, land use, and density. 2.2 – Further enhance amenities, development opportunities, office supporting commerce and technology infrastructure necessary to support current businesses and to attract additional businesses to Carmel. Concurrently, it is important to continue investing to enhance community quality of life to provide a superior place for peopl e in all socio-economic classes to live by encouraging high quality public spaces, interesting parks, plazas, public gardens, tree lined streets and boulevards, and trails connecting people to places. 2 5.5 – Adapt the Monon Greenway and adjacent development between City Center and the Arts and Design District into an urban trail destination with its own character and sense of place. 6.8 – Protect the character, safety and function of the Monon Greenway. North Central Policies and Objectives: 1.4 – Protect stable single family residential neighborhoods in North Central Carmel as much as possible through buffering, use of transitional design, strong code enforcement of property maintenance issues, target infrastructure investments and landscaping beautification projects. 2.7 – Promote and enhance the Monon Greenway as a non-motorized transportation corridor. Widen the trial in high use areas to accommodate separated bicycle and pedestrian lanes to create more trail capacity for both recreation and transportation needs. 6.1 – Where appropriate, reinforce established character in North Central Carmel. Transportation Plan analysis: 2nd Street SW is classified as a Local Road, which requires 56’ total right-of-way (ROW). There is currently about 50’ of ROW dedicated. This is consistent across the entire street and was worked out with the City during the approval process for the Railyard building to the south. The Monon Boulevard ROW is about 140’ total. No addit ional ROW is needed from the east portion of the subject property as it was considered in the plans for the new Monon Greenway. Improvements were completed providing sidewalk, bicycle path, and parking spaces along the frontage of the property. B-2/Business District analysis: B-2 is the requested new zoning classification for this property. The purpose of this district is identified in the UDO to provide primarily for heavy commercial and office uses to be developed as a unit or on individual parcels. The intent is to provide an area where heavy businesses may locate with minimal requirements. No Development Plan (DP) is required, only ADLS (Architectural design, lighting, landscaping, and signage). There are several uses that are allowed by right in this district that are concerning to the Department. Some of these are Restaurant with walk up/drive thru, storage and/or warehousing, indoor, shooting gallery, automobile service station, commercial kennel, etc. When factoring in the Old Town Overlay additional restrictions, only three agricultural uses are prohibited. They are feed store, grain elevator, and plant nursery. All other uses of concern would be allowed and not restricted by the Old Town Overlay. Old Town Overlay Character Sub Area analysis: The purpose of the Old Town Overlay is to promote and protect the health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties in the designated Old Town Overlay District. It also seeks to foster rehabilitation and development, increase property values, protect real estate investment, retain Old Town neighborhood vitality, spur commercial activity and attract new businesses to Old Town. The Character Sub-Area makes up the bulk of the Old Town Overlay. It has additional regulations that are intended to preserve the character of the neighborhood by preserving certain buildings and siting characteristics. If this building were still utilized for residential purposes, this classification would be necessary. However, the character of the area, and specifically those properties fronting Monon Boulevard, has changed dramatically in recent years, moving to a commercial and recreational corridor. Staff is desirous to remove the Old Town Overlay Character Sub Area designation of this property. This would allow for fewer variances to be needed, should a rezone to B-2 or B-7 (see below) be approved, by taking away the overlay requirements which are geared more towards residential construction and keeping a residential character. Rezoning Process: Listed on the Rezone application, the following are the beginning steps required for changing the zoning of a parcel: 1. Initial discussion with Planning Staff regarding rezone of the property. 2. Petitioner submits sketched plans to Staff. 3. Cursory administrative review by DOCS Staff. 4. Petitioner submits Rezone application to DOCS. The first three items were not completed by the Petitioner, as they submitted the appli cation through the online portal and informed Staff after this was complete. Staff then repeatedly had to ask for submission of additional information, in order to evaluate the rezone proposal. The Petitioner then uploaded any and all previously filed documents from prior petitions but did not offer any substantial explanations as to why these items were presented or how they aid in the new request for the rezone. 3 Based in the UDO Section 9.06, the process for a Rezone involves the following: The Plan Commission will hear the proposal brought forward by the Developer, so long as proper public notice has been given. Once the public hearing has been held and subsequent committee meetings where the items are fully evaluated, the Plan Commission will then make a recommendation on the rezone to the City Council. They can vote to send it to the City Council with a Favorable Recommendation, an Unfavorable Recommendation, or No Recommendation. If this rezone is ultimately approved by the City Council, the developer would typically have to come back through the Plan Commission process for Development Plan and ADLS approval for the new development. However, the zoning district chosen by the Petitioner is B -2, which does not require Development Plan approval before the Plan Commission. This is concerning for Staff. According to Section 9.06.A.3. of the UDO, in considering this B -2 rezone proposal, both the Plan Commission and the Common Council shall pay reasonable regard to: 1. The Carmel Clay Comprehensive Plan; 2. Current conditions and the character of current structures and uses in each district; 3. The most desirable use for which the land in each district is adapted; 4. The conservation of property values throughout the City of Carmel and Clay Township; and 5. Responsible development and growth. Taking these five points into consideration, Staff has evaluated and recommended the B-7/Business District to the Petitioner as an alternative to B-2. The purpose of the B-7 District is to allow for development of a wide variety of commercial uses near areas zoned or utilized for residential purposes. The intent is to permit efficient land usage while protecting and maintaining the character of neighboring residential areas. This describes exactly the situation we are evaluating with the subject parcel. A Development Plan is required, as well as ADLS approval. The list of allowed uses has already been paired down to be more compatible with surrounding residential uses. Restaurant without drive thru is allowed, general retail, general service, art gallery, and general office are all allowed, to name a few. If this zoning district were sought, Staff would not be as concerned with the list of allowed uses, as there would be no need for commitments to restrict the allowable uses. A development plan is required, and another commitment would not be necessary. The future of this parcel is would be more in line with the work that has gone into curating the Midtown area. DOCS Final Comments/Concerns: 1. The B-2 District does not require a Development Plan for approval of improvements to the site. 2. The list of allowed B-2 uses is too broad and most are not appropriate for the Midtown area 3. Both items one and two also cause concern should this property be sold in the future to a different business owner or developer. 4. Old Town Overlay Character Sub Area designation is no longer appropriate for this property 5. It is anticipated that the same variances that were previously filed, then withdrawn, will still be required of the property if the rezone is approved 6. No clarification has been provided on if the commitments previously agreed to will continue to be followed or if new commitments will be offered as part of this rezone For the above-mentioned reasons, Staff does not support the proposed rezone to the B-2 District classification as currently proposed. The surrounding C-2 and PUD zones of the Midtown area have all been carefully planned and taken through the proper approval processes, resulting in a very lively and much sought-after neighborhood. A DP is key to making sure this site will work properly, fit in with the surrounding area, and offer notice to the surrounding property owners of what is occurring. A DP is not a requirement of the B-2 District. We are very familiar with what has been constructed on the property to date and the impacts of the restaurant/bar on the surrounding community last summer. It is Staff’s goal to objectively address those issues thru the rezone process. However, without communication from the Petitioner regarding the plan to address previous concerns about the site (expansion, needed additional bathrooms, buffering for neighbors, etc.), as well as concerns regarding the chosen zoning district with a multitude of allowable uses that are not compatible with the Midtown area, it is very hard to offer support. Recommendation: The Department of Community Services recommends the Plan Commission votes to send this item to the Commercial Committee meeting on Tuesday, October 5, 2021 for further review.