HomeMy WebLinkAboutDepartment Report 01-03-236
Carmel Plan Commission
COMMERCIAL COMMITTEE
Tuesday, January 3, 2023 Department Report
4. Docket No. PZ-2022-00191 Z: Rosie’s Garden Rezone.
The applicant seeks approval to rezone the site (13.9 acres) from R1/Residence and B1/Business to B3/Business.
The site is located at 10402 N College Ave. It is currently zoned R1, B1, and B3. Part of the site is located within
the Homeplace Business District Overlay. Filed by Andrew Wert of Church Hittle and Antrim on behalf of
Lawrence & Mary Beth Hughes, owners.
*Updates to the Report are written in blue
Project Overview:
This site is located on the west side of College Ave., south of the intersection of 106th Street and College Ave. and has
been in business here since 1982. North of this site are condominiums of Colonial Village (zoned B-1/Business), a small
multi-tenant building (zoned B-1/Business), and single-family residential homes (zoned R-3/Residential). East across
College Ave. (N. of 104th St.) are various businesses zoned primarily B-5 and B-1 (in the original Homeplace
plat/subdivision). East across College Ave. (S. of 104th St.) are R-3/Residential zoned properties in the College Meadows
subdivision. South of the properties owned by Rosie’s are homes zoned R-1/Residential in the Northridge subdivision.
West of the property is a nearly 10-acre wooded site, also owned by the Petitioner. Please view the Petitioner’s info
packet for more detail.
Comprehensive Plan (C3 Plan) Analysis:
The area of this proposed rezone is classified as Suburban Residential (shown in orange color with
site outlined in red in image to the right). This section only allows for single-family detached
residential which generally means there are not principles of this specific section that we can apply
to the Petitioner’s existing business and proposed rezone. However, looking to the South-Central
Carmel Policies and Objectives section, it talks about allowing the careful integration of
neighborhood service nodes to the advancement of Home Place’s commercial area. Protecting single
family neighborhoods through buffering and transitional design, targeted infrastructure improvements, and landscaping
beautification projects are key. The plan also calls for using the “Traditional Neighborhood Design Principles” of
connectivity, transitions, and bicycle and pedestrian facilities to benefit and enhance this district.
“Home Place Subarea Plan” of the Comp Plan:
This subarea plan was studied to guide development. The purpose is to “encourage more mixed-use
development that provides a more bicycle- and pedestrian-friendly environment that provides goods
and services to the residential community within walking distance.” It also calls for buffering the
residential community with transitional uses. The plan does not show the Petitioner’s ground as
included in the proposed “Mixed Use Center” shown in purple in the image to the right.
Transportation Plan analysis: (Street typology Boulevard with Conservation Corridor in new Comp Plan)
The Thoroughfare Plan identifies College Ave. as an Arterial Street and a Conservation Corridor. This means that this
area is a context-sensitive corridor, with goals to protect property, privacy, environmental features, and unique aesthetic
qualities of the corridor. It calls for the design of streets, bicycle, and pedestrian facilities to have the lowest impact
necessary to meet current and future demands. The Carmel Engineering Dept. is currently working on improvements to
College Ave.
B-3/Business District analysis:
• The Petitioner chose B-3 over B-1 as the primary use, Plant Nursery, is permitted by right in B-3 and requires
Special Use (BZA) approval in B-1.
• However, please note that the Petitioner did receive Special use approval in 1988 under Docket No. 71-88 SU.
• Plant Nursery definition: the growing of plants outside of a structure, intended for wholesale or retail sale.
o General Retail and General Service are permitted primary uses in B-3.
o Currently the Petitioner uses outside space for storage and display of materials for sale, in addition to the
growing of plants. This technically falls under Storage and/or Warehousing, Outdoor, which is not
allowed as a primary use or an accessory use in the B3 District.
o Storage and/or Warehousing, Indoor is allowed as an Accessory Use in B3
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UDO Article 5.03.4 – Accessory buildings cannot constitute more than 1/3 of the gross floor area
of all buildings combined.
Accessory buildings must be placed 25’ behind the front line of the main building or 25’ behind
the building setback line.
• Development Plan and ADLS approval would be required for any new development of this site under B-3.
o As the new development is planned, we will need to look at these accessory building requirements and
determine compliance, as well as if any variances will be needed.
General Home Place Overlay District analysis:
The purpose of the Home Place Overlay District is to “promote and protect the public health, safety, comfort, convenience
and general welfare by providing for consistent and coordinated treatment of the properties…” It is also “intended to serve
as a tool for implementing the development policies and guidelines set for the Home Place Overlay District in the
Comprehensive Plan.” The following are all items that the overall Home Place District overlay requires. The Petitioner
proposes to remove this property from the Home Place Overlay District, which the Department does not support.
• Storage and/or Warehousing Indoor and Outdoor are prohibited by the Overlay.
• DP/ADLS is required.
• Detached Accessory Buildings must be architecturally compatible with Principal Building.
• Bike and Pedestrian facilities are required.
• Tree protection – not less than 50% of all trees that are 6” or larger or located within the bufferyard or greenbelt
• Outdoor Display standards – generally not allowed.
o Requires architectural compatibility with principal building and
o Material or product storage occurs within the Principal Building or an Accessory Building.
• No parking allowed in the front yard, should be at side or rear of building and screened from the sidewalk
o All parking shall be paved
o Adjacent/adjoining lots shall be interconnected
Home Place Overlay, Business Sub-Area District analysis:
The purpose of the Business Sub-Area District is “intended to foster urban neighborhood village-like commercial activity,
in keeping with the intention of the Comprehensive Plan.” It is also “to provide site design requirements that orient
buildings to the street and are pedestrian in scale.” Having these additional requirements help guide development to
address the street and promote walkability. Below are some of the requirements of the Business Sub-Area District. The
Petitioner proposes to remove the property from the Business Sub-Area District as well. This the Department can be in
support of, with some caveats (*items we would still like compliance with).
• Business Sub-Area Architectural Requirements
o Must face the street and have an entrance from the public street
o Maximum two stories for principal buildings
o Building primarily constructed of brick and stucco
o Rooftop equipment must be screened from view
o Minimum height: 20’, Max height 35’
• Landscaping Buffer: anything adjacent to residential needs at least a 5’ area with 3 shade, 2 ornamental and 9
shrubs per 100 lineal feet
• Parking standard: 1 space per 100 sq. ft. of Gross floor area is required
• Front yard setback: 5’ minimum, 15’ maximum
• Rear yard setback: 10’ minimum
• Maximum gross floor: 15,000 sq. ft. allowed
December 13 Public Hearing Recap:
The Petitioner went over the proposal to have the entire property zoned B-3. They have been working with the
Engineering Dept. on the College Ave. construction and planned new entrance into their site. They held a neighborhood
meeting last month to explain the request to neighbors. Members from the public generally spoke in favor of the rezone
and shared a few concerns: they need the additional parking, better traffic flow, concern over lighting, and do not want a
wet pond to attract geese. Plan Commission members talked about Rosie’s being a great neighbor and economic driver in
the area, but also wanted to look at limiting some B3 uses in case ownership or uses changes hands in the future. There
were also questions about just applying for variances and leaving all parts of the overlay in tact (overall and business sub-
area). It was sent to the Commercial Committee with the Committee having final recommendation to City Council.
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Update Since the Public Hearing:
Staff spoke with the Petitioner regarding the recommendation for the property to stay within the overall Homeplace
Overlay District. The Petitioner now understands the concerns of the Department and Plan Commission members
regarding potential future uses if the property were ever to sell and no longer be Rosie’s Garden. They have agreed to
retract their request to be removed from the overall Home Place Overlay and only request to be removed from the
Business District sub-area. The Department is in support of this request.
DOCS Comments/Concerns: none.
Recommendation:
The Department of Community Services recommends the Commercial Committee forward this item to the City Council
with a Favorable Recommendation.