Loading...
HomeMy WebLinkAboutDepartment Report 06-26-23CARMEL BOARD OF ZONING APPEALS REGULAR MEETING DEPARTMENT REPORT MONDAY, JUNE 26, 2023 (V) L’Etoile Variances. The applicant seeks the following development standards variance approvals: 1. Docket No. PZ-2023-00083 V UDO Section 2.38 Side Setback - 40’ Minimum Side Setback for surface parking required, 4’ requested. 2. Docket No. PZ-2023-00084 V UDO Sections 5.12 & 5.32 Parking: Total floor area – No project shall have more floor area than the parking it can provide. And, 1.2 vehicle parking spaces per dwelling unit (now 36 units) and 1 parking space per 350 sq. ft. of retail required (now 51 spaces total required), 45 requested (plus 4 on street spaces). 3. Docket No. PZ-2023-00085 V UDO Section 2.38 Rear Setback - 40’ Minimum Rear Setback for surface parking required, 3’ requested. And 20’ Maximum Rear Setback required, 43’ requested. The site is located at 833 W. Main Street. It is zoned UC/Urban Core. Filed by Ben Bemis of CEC, Inc. on behalf of the owner, Aziz Mamaev. (Additional, new comments in blue italic text.) General Info: • The proposed mixed-use building will offer retail/office tenant spaces on the first floor, with residential uses above. Parking is included on the rear portion of the site. • To the west is Gallery Apartments (used to be Rosewalk on Main), zoned UR/Urban Residential. To the east is the Big O Tires building zoned UC/Urban Core. To the south is the Guilford Trails Townhome subdivision, zoned UR/Urban Residential. And, to the north across Main Street is the Shell gas station and convenience store, as well as other shops (zoned UC/Urban Core). • Prior BZA variances were granted in 2020 for number of principal buildings, and for building stepback. • Additional variances requested now relate to side setback, parking, and rear setback. • Related Plan Commission Docket No. PZ-2023-00060 ADLS Amend will be heard at the June 6 Plan Commission Commercial Committee meeting, after the BZA variances are voted upon. • The purpose of the Urban Core (UC) District is to establish a tool for urban development. The intent is promoting a fully mixed-use, transit oriented district with region-serving businesses and entertainment opportunities, employment, residences, and all day vitality and culture. • The Urban Core District development emphasizes pedestrian and bicycle accessibility to goods, services, entertainment, and amenities. • Please see the Petitioner’s info packet and supplemental info for more detail on the variance requests. Variances Requested: Side Setback (Parking) - • Per the UDO, a 40 feet minimum side setback for surface parking is required, and 4 feet is requested. • This is a variance of 36 feet, or a 90% change. • Replated to this, the minimum allowed side yard setback for principal buildings is 4 or 0 feet, when designed per UDO Section 5.06 (Urban Core Architectural Standards.) Parking Spaces (Number Of) - • Per the UDO Parking Standards, the following is required for this site/project: 1.2 vehicle parking spaces per dwelling unit (now 36 units) and 1 parking space per 350 sq. ft. of retail (for 51 total spaces total required). 45 parking spaces on site are requested (plus 4 on-street parking spaces). This is a variance of 2 parking spaces, or a 4% change. • Also per the UDO, no project shall have more square feet of usable space above what is permitted by the total number of parking spaces dedicated to the development. • At the very least, there will be at least one parking space per apartment unit (now 36 units). • If you think about peak and off peak times for specific land uses, when the residents are away at work, those empty parking spaces can be used by patrons of the retail use, and vice versa in the evening if the proposed retail use is not a bar or restaurant. • There are two nearby mixed-use developments that contain parking garages: The Signature at the northeast corner of Old Meridian and Main (with 389 spaces), and Icon at Main at the southeast corner of Old Meridian and Main (with 582 spaces). Many of these parking spaces will be spoken for, however, by the residents and businesses in those projects. But, 75% of both parking garages are free/available to the public (relayed to us by the CRC). Those 2 projects are located around 450 and 615 feet from the subject site. • For reference, a 5-minute walk is around ¼ mile (or 1,320 feet). • Per the UDO parking standards, off- street parking spaces are allowed to be located on an area within 300 feet of said building, and two or more owners of buildings may join together in providing the required parking spaces. (See 300-ft radius graphic to the right). • Also, per the Urban Core regulations in UDO section 5.32, any off-site public or private parking garage or surface lot where a permanent allocation has been acquired, and that is located within 800 feet of the subject building footprint, can count toward the required amount of parking. • Bicycle use is a promoted alternative, additional mode of transportation, and bike parking will be provided at this site. • Some on-street parking will be provided with a future Main Street improvement project. Rear Setback - • A 40’ minimum rear setback for surface parking and accessory structures is required, and 3’ is requested for the surface parking. This is a variance of 37 feet, or a 92.5% change. • Also, a 20’ maximum rear building setback is required, and 43’ is requested. This is a 23-ft variance, or a 53% change. May 22 BZA Meeting Recap: • The Petitioner presented their variance requests. • Neighbors voiced concerns about the variances, as well about the current state of the property. • BZA members provided comments and asked questions. • Then, the variances were continued to the June 26 regular BZA meeting. Remaining Review Comments: • All planning/zoning review comments related to the variance applications have been addressed. Final Comments: • Since the last BZA meeting, the Petitioner let us know they have begun cleanup of the site. • Since the last BZA meeting, the number of proposed dwelling units has reduced down to 36 from 45 (with several units becoming 2-bedrooms), and 4 on street parking spaces are now proposed (in addition to 45 on site spaces). • The owner will reserve one parking space per dwelling unit (36 total), have 9 parking spaces free for retail, and also have 4 on-street parking spaces. • The Planning Dept. is supportive of these variance requests. • Petitioner, parking off-site is allowed if there is an agreement in place and both sites together have the required amount of parking. Have you contacted surrounding sites to secure a shared parking agreement? Findings of Fact: • Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet. Recommendation: • The Dept. of Community Services (DOCS) recommends positive consideration of the variance requests, and adoption of the Findings of Facts submitted by the Petitioner.