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HomeMy WebLinkAboutDepartment Report 06-27-2211 of 14 CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING DEPARTMENT REPORT MONDAY, JUNE 27, 2022 (UV, V) Carmel Midtown Redevelopment Variances. The applicant seeks the following use variance and development standards variance approvals: 11. Docket No. PZ-2022-00081 V UDO Section 2.10 Minimum 10,000 sq. ft. R2 lot sizes required, 7,617 sq. ft. requested for Parcels E & F. 12. Docket No. PZ-2022-00082 UV UDO Section 2.09 Permitted Uses, Office use in R2 zoning district requested for Parcels C & D. 13. Docket No. PZ-2022-00083 V UDO Section 2.10 Minimum 35-ft R2 front yard setbacks required, 10.2-ft requested for Parcels E & F. 14. Docket No. PZ-2022-00084 V UDO Section 2.10 Minimum 20-ft R2 residential rear yard setback required, 5.7-ft requested for Parcels E & F. 15. Docket No. PZ-2022-00085 V UDO Sections 2.10 Maximum 35% R2 lot cover allowed, 39% requested for Parcels E & F. 16. Docket No. PZ-2022-00086 V UDO Section 2.36 Maximum 80% C2 lot cover allowed, 85% requested for Parcels A, B, C & D. 17. Docket No. PZ-2022-00087 V UDO Sections 5.19 Bufferyard Width - Minimum 30’ rear bufferyard required; 25’ requested for Parcels C & D. 18. Docket No. PZ-2022-00088 V UDO Sections 5.19 & 5.21 Bufferyard Content - Hardscape improvements and parking lot located in portion of bufferyards requested for Parcels A, C & D. 19. Docket No. PZ-2022-00089 V UDO Section 1.07 Transportation Plan Compliance: 90’, 56’, and 56’ street right of way widths required for 3rd Ave SW, Industrial Dr., and Emerson Rd.; Request for ROW widths as shown on Site Exhibit. The site is located at 210 3rd Ave SW (former AT&T site) and 449 & 451 Emerson Rd. (Johnson Addition Lots 29-30.) It is zoned C2/Mixed Use District and R2/Residence. Filed by Brian Tuohy of Tuohy Bailey & Moore LLP on behalf of PST Land Holdings LLC and Pure Development Capital, Inc. General Info & Analysis: Project Introduction and Site History: The C2 Rezone approval for the former AT&T site and areas along Industrial Drive occurred in 2007. The Plan Commission and the City Council held public hearings for that rezone petition which included 57 parcels of land. Plan Commission Docket No. 07070024 Z received a favorable recommendation vote from the Plan Commission on 09/18/2007, and City Council Ordinance Z-510-07 was adopted on 11/19/2007. Per the UDO (Unified Development Ordinance), the purpose of the C2 Mixed Use District is to define and support land areas for the redevelopment of parcels in the North Central and South Central areas of the city. The intent of the City of Carmel is that all redevelopment proposals for this area should incorporate significant civic value and mercantile activity and provide opportunities to improve the fabric of the urban setting. It is further intended that the availability of C2 zoning in this area should foster a successful public/private relationship between the City of Carmel and prospective developers, while ensuring the compatibility of any redevelopment proposals with existing building codes and zoning regulations. Now proposed is a redevelopment of the former AT&T site and two Johnson addition lots, with a total of 5.2 acres of land. The combined land is zoned C2/Mixed Use District and R2/Residence. Please see the Petitioner’s informational packet and any supplemental info for more detail on the use variance and development standards variance requests. The proposed $133 million project will include 244 luxury apartments, 10 flanking townhomes, an 80,000 sq. ft. Merchants Bank corporate headquarters expansion, a 2-building 34,000 sq. ft. boutique headquarters—including for Pure Development and a Family Office Bldg., two single-family homes that would replace two existing homes at the site, and a 443-space public parking garage. 12 of 14 The two existing homes in Johnson Addition are proposed to be demolished, the lots will be re-platted to become smaller in size, and two new 2-story tall single-family homes will be built on each lot. Single family detached dwellings (zoned R2) are located to the north of the subject site, The Railyard Apartments building and Merchants Bank building (zoned C2) are located to the east in the Midtown Carmel area, and industrial/business uses (zoned C2) are located to the west and south. To the southeast of the site is proposed to be The Concourse, a mixed-use apartments development by Pedcor which will be constructed with some workforce housing units (also zoned C2). Further northeast of the site is the Old Town Overlay District Character Subarea. Separate, related approvals that will be sought in the immediate future are for a Primary Plat Amendment, DP/ADLS (development plan, architecture/design, lighting, landscaping, and signage), and Secondary Plat Amendment. Those petitions will be heard by the Plan Commission, as well as by the Plan Commission Hearing Officer/Examiner (and the Final/Secondary Plat is administrative). Variances Requested: A Use Variance is required for an office use on residentially zoned land. And, development standards variance approvals are also requested for the rest of the overall project, related to setbacks, lot cover, bufferyards, and transportation plan compliance: 11. R2 Lot Sizes: Minimum 10,000 sq. ft. R2 lot sizes are required, and 7,617 sq. ft. is requested for Lots 29 & 30 (Parcels E & F). This is a variance of 2,383 sq. ft., or a 31% change. This project will allow a residential presence to remain on Emerson Road, continuing the single family detached home pattern. 12. Office Use in R2: Use Variance for Office Use is requested in R2 zoning district for a portion of Parcel C & for all of Parcel D. (The Petitioner agrees to a commitment upon approval of the variances that the Family Office building and the Pure HQ building may only be used for office uses even though part of the site is zoned C2.) An office use in not allowed in the R2 zoning district. However, a Clinic or Medical Health Centers land uses are allowed with a Special Use. Other land uses are allowed by right; please refer to UDO section 2.09. The requested Use Variance is for approximately 22,998 sq. ft. of land (0.53 acres). 13. R2 Front Yard Setbacks: The Johnson Addition subdivision has a platted 25-ft front yard building setback line. And, there are minimum 35-ft front yard setbacks required in the R2 zoning district; 10.2-ft is requested for Lots 29 & 30 (Parcels E & F). This is a variance of 24.8 feet, or a 70.8% change. The two subject lots are located on the outside curve of Emerson Road. This project will allow a residential presence to remain on Emerson Road, continuing the single family detached home pattern. 14. R2 Rear Yard Setbacks: Minimum 20-ft R2 zoning residential rear yard setbacks are required, and 5.7-ft are requested for Lots 29 & 30 (Parcels E & F). This is a variance of 14.3 feet, or a 71.5% change. The rear property lines of these residential properties will have a tall masonry wall which will provide privacy and a buffer. This project will allow a residential presence to remain along Emerson Road, continuing the single family detached home pattern of homes fronting that street. 15. R2 Lot Cover Percent: A maximum of 35% R2 lot cover is allowed, and 39% is requested for Lots 29 & 30 (Parcels E & F) and a portion of Parcels C & D. This is a variance of 4%. The overall redevelopment will still also provide for the required stormwater detention. 16. C2 Lot Cover Percent: A maximum of 80% C2 lot cover is allowed, and 85% requested for Parcels A, B, C & D. This is a variance of 5%. The overall redevelopment will still also provide for the required stormwater detention. A portion of this lot coverage is due to the fire lane that is required by the Fire Dept. for life/safety aspects. This fire lane will be designed in a way to also be an amenity, to be a pedestrian promenade. 17. Bufferyard Widths: A minimum 30’ wide rear bufferyard is required for Parcels C & D, and 25’ is requested. This is a variance of 5-ft, or a 16.7% change in width. The rear property lines of the residential properties located just to the west of Parcels C & D will have a masonry wall, which will improve privacy and supplement the landscape buffer. Also, the overall project complies with the number of plantings required within the perimeter bufferyards. 18. Bufferyard Content: Hardscape improvements (including a pedestrian promenade that also serves as a fire lane) and parking lot located in portion of bufferyards are requested for Parcels A, C & D. The bufferyard widths are being provided, but the amount of hardscape within these bufferyard areas are increased slightly, due to the proposed presence of a small portion of a parking lot, hardscaping, walkways, a Fire Dept. access lane with decorative pavers, 13 of 14 etc. (The overall project complies with the number of plantings required within the perimeter bufferyards.) The zoning ordinance does allow for these types of hardscape items to exist within the bufferyards, but it does not really specify the maximum amount allowed. Planning Staff and the Petitioner agreed it made sense to also seek this variance. Typically, bufferyards are landscaped areas with setback widths extending along all perimeter property lines both the amount of land and the type and amount of plant material specified for each lettered bufferyard determination is specified and is designed to ameliorate nuisances between adjacent zoning districts and to ensure a desired character along public streets and roads. UDO Section 5.21 specifies the C2 buffer yards: Buffer yards shall be required along any side and/or rear lot line abutting a side or rear lot line of detached single family residences and shall extend the entire length of the lot line. The minimum buffer yard width shall be equal to the building height of the nearest building to each side or rear lot line not to exceed 35 feet. The minimum planting standard shall be Bufferyard C as set forth in the bufferyard table prescribed in UDO section 5.19.F.1. 19. Transportation Plan Compliance: 90’, 56’, and 56’ street right of way widths are required for 3rd Ave SW, Industrial Dr., and Emerson Rd. There is a variance request for granting ROW widths as shown on the Site Exhibit. Emerson Rd. is proposed to remain at its existing 50 foot wide right of way, Industrial Drive is proposed to remain at its existing 50 foot wide right of way, and 3rd Ave Southwest is proposed to range in variable right of way widths from 60.9’ to 81.6’. These are variances of 5’ and 8.4’, or a 10.7% and a 9.5% change. All streets are required to have sidewalks or multiuse paths. Also, a future street improvement project is proposed by the Carmel Engineering Dept. for 3rd Ave SW and will be coordinated with the Petitioner. Carmel Midtown Area: The Carmel Midtown area serves as a link between City Center and Old Town (Arts & Design District). The Monon Trail runs through the districts. Midtown Plaza is a new revitalization of Carmel’s old industrial area. It is a popular mixed-use area located in the heart of a center of entertainment, urban-style living, and commerce. Midtown brings its own unique urban atmosphere. And, Midtown Monon Boulevard also serves as an interactive play area for kids of all ages, featuring a spray plaza, public art, ping-pong tables, bocce ball courts, and corn hole. Businesses and residents want to live in or very close to this area. What is proposed for this subject property in the Carmel Midtown Redevelopment area is project is a well-designed mixed use development project that is consistent with the several other nearby redevelopments recently built within the Midtown Area (as well as proposed additional mixed-use developments that contain multi-story buildings not yet built). For example, the 5-story tall Railyard Apartments building is located approximately 70-ft from the single-family homes located to its north, and that also includes a street. For the subject site, the proposed 2-story tall townhomes will be located at least 106-ft from the nearest single-family house in Johnson Addition, and that also includes a perimeter bufferyard. Comprehensive Plan: The current Comprehensive Plan (Comp Plan) is a guide for growth for the City. The Comp Plan calls for central Carmel to be an Area for Special Study, and this use variance public hearing accomplishes that ‘special study’ aspect of for this specific subject site. The Comp Plan contains an Appropriate Adjacent Land Classifications Table, which shows the Best fit vs. Conditional Fit land uses. “B” stands for Best Fit and “C” stands for Conditional Fit, meaning it is appropriate when the more intense development is installed with sensitivity to the adjacent land classification. Office buildings, townhomes, and apartments can be placed next to single family residential uses when installed with sensitivity. This proposed redevelopment is a good transition to the single-family homes located to the north and northwest of the site, to be implemented appropriately. Also, the pending Comp Plan Amendment shows most all of Central Carmel as a Downtown development pattern. This pattern accommodates commercial, industrial, recreational, and residential uses, among others. Characteristics are lot sizes ranging from 1/8 acre to 5 acres, maximum heights at 6 stories, and more. (The Comp Plan Amendment is currently being reviewed at the Carmel City Council.) Technical Review: The variances proposal was emailed to the Technical Advisory Committee (TAC) members on 06/16/22. There are close to 28 TAC members, representing city and county agencies, utility companies, etc. Items reviewed for this project are land use, utilities, signage, architecture, landscaping, active transportation, lighting, life/safety issues, building code compliance, and more. However, a more detailed review will occur soon, with the civil plan reviews for the DP/ADLS application. 14 of 14 The proposed project’s team has met with the Carmel Engineering Department. The project will provide stormwater detention and treatment where none currently exists today. There will be specific site details to work out during the development plan (DP) review, but the department is generally supportive of the site layout as well. The Engineering Dept. has no issue with the project moving forward in the BZA process at this time. The Carmel Fire Dept. is supportive of the design of the fire lane and also for it being used a pedestrian promenade. Planning Staff’s Closing Comments: The Petitioner has addressed all Planning/Zoning review comments related to the BZA petitions. And, Planning Staff’s concern about how this project can be installed with sensitivity next to the adjacent single family residential properties has been addressed. Perimeter bufferyards will be installed, and they will contain the required number of plantings; in some places, a masonry wall will supplement bufferyard plantings. No variances are being sought for building height. A single-family homes presence will be maintained along Emerson Rd. The proposed townhomes, family office building, and Pure headquarters building will be two stories in height. The two office buildings will have sloped residential type roofs. This is respectful of the nearby residential character, a good transition to the single-family homes in Johnson Addition. The townhomes serve as an appropriate transition for the single-family homes to the north and northwest and the proposed multifamily apartment building to the south. The townhomes are able to abut the proposed apartments/parking garage building, because the C2 district allows for 0-ft side/rear building setbacks. BZA variances are also not new to the Johnson Addition neighborhood. Several variances for setbacks and lot coverage have been granted in the recent years for new homes within this neighborhood, as lots/homes are being redeveloped into new single-family homes. Overall, the Planning Department is not opposed to the use variance and development standards variances requested and is supportive of the project generally. (The Petitioner is reminded to continue to work with the Technical Advisory Committee (TAC) members and Planning Staff to address any outstanding review comments associated with the pending DP/ADLS petition and Primary Plat Amendment petition.) Petitioner’s Findings of Fact: With development standards variance requests, a Petitioner needs to prove practical difficulti es or unnecessary hardships. And, with use variance requests, the Petitioner also needs to address the unique findings of fact that are required for that petition type. This is per state statute. Please refer to the petitioner’s Findings of Facts included in their info packet. (There are findings of fact for the Use Variance petition and separate findings of fact for each of the Development Standards Variance request.) Recommendation: The Dept. of Community Services (DOCS) recommends positive consideration of Docket Nos. PZ-2022-00081 through Docket No. PZ-2022-00089 V with a commitment that the Family Office building and the Pure HQ building only be used for Office Uses, and with adoption of the findings of facts submitted by the Petitioner.