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Carmel Plan Commission
RESIDENTIAL COMMITTEE
Tuesday, October 11, 2022 Department Report
2. Docket No. PZ-2022-00147 OA: Legacy PUD Amendment.
The applicant seeks approval to amend the Legacy PUD text in order to increase the number of
permitted units in the PUD and increase the number of apartments permitted. The site is located
southwest of 146th Street and Community Drive. It is zoned Legacy PUD Z-501-07 as amended. Filed
by Nelson & Frankenberger, LLC on behalf of Advenir Oakley Development, LLC.
*Updates to the Report are written in blue
Project Overview:
The Petitioner proposes to amend the Legacy PUD Ordinance to remove the Office Use Block and allow more
residential units including more apartments and for rent attached dwellings. This amendment would allow a
specific site plan at the southwest corner of 146th Street and Community Drive, as proposed in the amendment.
To the north of the project is 146th Street and then a single-family neighborhood and an apartment
neighborhood. To the east is retail development and apartments, to the south is a daycare facility and a
townhome neighborhood, and to the west is a single-family neighborhood. Please see the Petitioner’s
Information packet for more details.
Analysis:
Permitted Uses:
• The property affected by the Ordinance Amendment is currently within the Village Core, Primary
Office, and Urban Residential Use Blocks of the Legacy PUD.
• Apartments are permitted in the Village Core and Urban Residential Use Blocks, but not within the
Office Use Block. Lofts are permitted in the Office Use Block but are intended as an ancillary use on the
top floor of a building.
• The original Legacy PUD allowed:
o 1,344 total detached, attached, and apartment dwellings,
o 500 total Attached Dwellings
o 300 total Apartments
o 200 Lofts (in addition to the total 1,344 dwellings).
• The 2018 Legacy PUD Amendment changed the PUD to allow:
o 1,250 total detached, attached, and apartment dwellings,
o 476 total Attached Dwellings,
o 389 total Apartments,
o 200 Lofts (in addition to the total 1,250 dwellings).
• This 2022 Legacy PUD Amendment would allow:
o 1,447 detached, attached, and apartment dwellings,
o 588 total Attached Dwellings,
o 389 total Apartments,
o 200 Lofts (in addition to the total 1,447 dwellings)
• A total of 350 dwellings are proposed for this development.
Site Plan, Parking, Active Transportation, Engineering
• 3, multi-story apartment buildings are proposed on Community Dr. and Equality Blvd. similar to the
Legacy Towns and Flats apartments on the east side of the street. This will continue the intended
character of this main street in this Village Core area. There will be a maximum of 120 apartments in
the 3 multi-story buildings.
• The parcel at the southwest corner of 146th St. and Community Dr. will remain an open parcel to be
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developed for commercial/retail uses as permitted in the Village Core.
• The site transitions to smaller scale attached and some detached 1 and 2 story dwellings to the west.
• Public street system is continued from existing streets developed in Legacy.
• Amenity Center with a pool and workout facility is proposed for this development.
• Parking is made up through on-street, angled parking, and parking lots.
• The Bike Promenade in the Legacy PUD continues north along Larson Dr. all the way to 146th Street.
• Sidewalks and paths connect throughout the development to create a walkable neighborhood.
Architectural Design:
• The designs for the buildings will be in substantial compliance to the character imagery included in the
PUD Amendment.
• The architectural style is similar to the craftsman style with front porches, smaller front setbacks, and
sidewalk connections to the street.
• Landscaping and Lighting will have to comply with the existing standards in the Legacy PUD.
• Signage should also conform to the current standards in the Legacy PUD.
These PUD amendments should not have a negative impact on the development overall. There is good
pedestrian, bicycle, and vehicular connectivity. An amenity center will be provided to serve the future residents
of this neighborhood. The development will allow for more density near the core of Legacy and the retail areas,
and it will allow for additional variety in housing options. The project provides appropriate transitions by
putting the larger apartment buildings along the main road in Legacy and smaller 1 and 2 story buildings toward
the west. Carmel Clay Schools have indicated that they are not opposed to the project and have capacity in the
schools to accommodate any potential additional students. They also note that multi-family housing results in
few additional school age children.
September 20, 2022, Public Hearing Recap:
Petitioner presented the proposed changes to the PUD. Petitioner stated that the Office Use Block allows up to 5 stories
and it could accommodate 150,000 sq. ft. of office under the current PUD. The PUD also allows for Lofts and CCRC
units above the number of permitted apartments, currently. Several people spoke in opposition to the project. Their main
concerns were traffic, congestion on 146th St. during rush hour, increase in number of students in the schools, loss of
potential for more walkable businesses, and the low cost of the housing and effect on their property values. The Plan
Commission asked about the size of the pools and clubhouse in comparison to other neighborhoods, an updated traffic
study, if there is anything that can be done for speed to slow people down driving through, why is the change in the PUD
needed and why can’t it be developed as zoned. Sent to the Residential Committee with the full Plan Commission having
the final vote.
DOCS Remaining Comments/Concerns: The Dept. continues to work with the Petitioner on all the review
comments as this project moves through Committee review. Some of the outstanding comments include:
1. Adjust the numbers allowed for Apartments versus Attached Dwellings. If these are all for rent units,
then they should be classified as Apartments instead of Attached Dwellings (per the PUD), even though
they take the form of an Attached or Detached Dwelling.
2. Clarify setback requirements so that the front yard setback applies even for buildings that abut a parking
lot instead of a street.
3. Finalize the signage requirements. Can the existing standards in the PUD be adhered to?
4. Is there opportunity to add some masonry on some of the buildings to provide some variety? Maybe a
masonry base?
Recommendation:
The Department of Community Services recommends the Residential Committee discusses this item and then
sends it to the November 1st Residential Committee meeting for further review.