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HomeMy WebLinkAboutDepartment Report 11-28-22 13 of 13 CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING DEPARTMENT REPORT MONDAY, NOVEMBER 28, 2022 17. (A) Appeal, Director’s Acceptance of Buckingham Multifamily Project Application: Docket No. PZ - 2022-00225 A. The Petitioner seeks to appeal the Carmel Dept. of Community Services Director’s decision to accept and docket the DP/ADLS application for the Buckingham Multifamily Carmel Midtown project (Docket No. PZ-2022-00202 DP/ADLS) proposed for a portion of the former AT&T site located at 210 3rd Ave SW. The site is zoned C2/Mixed Use. Filed by Charles Demler. General Info & Analysis: The site in question is zoned C2/Mixed Use. The areas surrounding the site are zoned R2/Residence to the north, and zoned C2/Mixed Use to the west, east, and south. The Plan Commission DP/ADLS application was submitted by the Petitioner on 09/23/2022. Planning Staff processed it for review. It will be heard by the Plan Commission Hearing Officer on Thursday, 12/1/22, at 11:00 am. (The project will also be heard by the Carmel Redevelopment Commission.) Proposed is a 10-unit townhome building, a 227-unit multifamily building with an integrated 402-space parking garage, and 7 live/work units. Several principal buildings are proposed for the site. (The C2 development standard in UDO section 2.36, for Maximum Principal Buildings per Lot, is listed as ‘non applicable’, indicating that there can be multiple principal buildings per lot. This is not out of the ordinary, as there are several other zoning classifications that also allow for this. And, some zoning districts even require multiple principal buildings per lot.) The C2 zoning district development standards in UDO Section 2.36 do not list any side or rear yard building setbacks, they are listed as ‘not applicable’, so in essence that means 0-ft setbacks are allowed. However, the proposed townhomes building will be located at least 30-ft away from the neighboring residential properties. The townhome building and the multifamily apartment building have 0-ft setbacks from each other. It is not one overall building; they are separate buildings and will be constructed as such. No variance is required for this aspect of the project, and this is the Planning Director’s determination. The buildings will all have separate tax parcels and parcel ID numbers. (See the Parcel Line Exhibits in Laserfiche online.) The townhome building is proposed to be two stories tall, at around 22’10” in height (24’ to top of parapet). Again, it is proposed to be set back approximately 30-ft from the adjacent single family residential lots. The multifamily building is around 63’11” tall to the roof (and 75-ft tall to top of parapet). The C2 development standards in UDO Section 2.36 also state that the maximum building height allowed is 35-ft for a principal building when adjacent to single-family residences. Otherwise, it can be up to 75-feet tall. Final DOCS Comment: The Petitioner thinks the DP/ADLS application should never have been accepted, due to them thinking that the project is not in compliance with the zoning ordinance development standards. The Director of the Department of Community Services, however, will not require a BZA variance for building height, as it meets the ordinance requirements. The UDO (Unified Development Ordinance) is the law for development standards, and the Comprehensive Plan is a guide for growth. Findings of Fact: If the appeal is denied, the BZA attorney will write up the negative Findings of Facts. Recommendation: The Dept. of Community Services recommends the BZA votes to deny the appeal and to uphold the Dept. of Community Services’ acceptance and processing of the Midtown Camel Buckingham DP/ADLS application, and with adoption of the findings of fact to be written up by the BZA attorney.