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HomeMy WebLinkAboutDepartment Report 07-24-2311 of 14 CARMEL BOARD OF ZONING APPEALS REGULAR MEETING DEPARTMENT REPORT MONDAY, JULY 24 2023 (Old Business) - (V) L’Etoile Variances. The applicant seeks the following development standards variance approvals: 5. Docket No. PZ-2023-00083 V UDO Section 2.38 Side Setback - 40’ Minimum Side Setback for surface parking required, 4’ requested. 6. WITHDRAWN - Docket No. PZ-2023-00084 V UDO Sections 5.12 & 5.32 Parking: Total floor area – No project shall have more floor area than the parking it can provide.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 total spaces required), 45 requested (plus 4 on street spaces). 7. 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) = Withdrawn • As of July 14, this variance has been withdrawn by the Petitioner, since plans have been revised so that the project complies with the required amount of vehicular parking spaces. • 33 apartment units are now proposed (instead of 36). So with the retail square footage, they need 48 parking spaces total, instead of 66, and they propose 49 parking spaces total, which complies with the UDO. • 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 12 of 14 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’of said building, and 2 or more owners of buildings may join together in providing the required parking spaces. • 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. • 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. June 26 BZA Meeting Recap: • The Petitioner presented their variance requests and noted what changed since last time. • Neighbors voiced concerns and comments. • BZA members provided comments, asked questions, and voted. • A 2-2 (no decision) vote was made, which requires the item to be voted upon again at the July 24 meeting. Review Comments: • All planning/zoning review comments related to the variance applications have been addressed. Final Comments: • Since the May BZA meeting, the Petitioner let us know they have begun cleanup of the site. • Since the June BZA meeting, the number of proposed dwelling units has reduced down to 33 from 36. • The Planning Dept. is supportive of these variance requests. 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.