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HomeMy WebLinkAboutMinutes BZA 06-26-23 Grabow: Can the Petitioner walk us through the pictures that were provided?Is there direct access to the second floor?Rocio Bonilla,property owner:Explains the photos of the exterior of the home, driveway, and backyard. There's a separate staircase to access the second floor. Grabow: What's the process of screening guests?Rocio Bonilla: We will target traveling nurses and screen each our guests.Potasnik: Is it your intention to target your traveling nurse guests for a short amount of time or maximum amount of time?Rocio Bonilla: It varies but we would rather have them stay for 30 days Potasnik: Would the traveling nurses see their patients at this home?Rocio Bonilla:Never at this home.Potasnik: Does the length of time request fall in-line with the UDO?Angie Conn: Short term residential rentals are defined as 30 days or less per lease. Hawkins: Does the second floor include a kitchen and living room?Rosio Bonilla:Yes, includes kitchen, bathroom,dining,and living room.Hawkins: This seems like this is a double/duplex.Is this a zoning issue,then a STRR?Angie Conn: If they were seeking to lease it out for more than 30 days,then it would be a potential land use violation for a duplex unit instead of a single-family unit York: Are you specifically targeting just to travel nurses,or would you allow others?Rosio Bonilla: We will target traveling nurses. We will screen all of our applicants and make exceptions for families and others. A Motion made by Grabow and seconded by York to approve Docket No.PZ-2023-00109 SE. Tie 2-2,Hawkins,Potasnik,absent Dierckman. This item is automatically tabled to the next BZA meeting on July 24, 2023, since the vote ended in a tie vote. (SUA,CA)Martin Marietta-Mueller Property South Amendment. The applicant seeks the following special use amendment and commitment amendment approvals: 4. Docket No. PZ-2023-00112 SUA UDO Section 2.03 Special Use Amendment. I5. Docket No. PZ-2023-00090 CA Instr.Nos.200500006560 and 200500054117 Commitment Amendment. The site is located at 5345 E. 106th St.,at the southwest corner of 106th St. and Hazel Dell Pkwy. It is zoned S1/Residence and is partially in the SFHA/Special Flood Hazard Area. Filed by Timothy Ochs of Ice Miller LLP on behalf of E&H Mueller Development LLC. (SUA,CA)Martin Marietta-Mueller Property North Amendment. The applicant seeks the following special use amendment and commitment amendment approvals: 6. Docket No. PZ-2023-00113 SUA UDO Section 2.03 Special Use Amendment. 7. Docket No. PZ-2023-00091 CA Instr.Nos. 200500040447 and 2009039061 Commitment Amendment. The site is located at 10750 River Rd. (aka 10750 Hazel Dell Pkwy),at the northwest corner of 106th St. and Hazel Dell Pkwy. It is zoned S1/Residence and is partially in SFHA/Special Flood Hazard Area.Filed by Timothy Ochs of Ice Miller LLP on behalf of E&H Mueller Development LLC. Petitioner: Tim Ochs: • This project dates back to 2005 when the first requests for sand and gravel operations were done. We are requesting a minor expansion of the area to be mined.If approved this expands the life expectancy of the operations.Presented a map of the proposed expansion areas of the north and south properties • We met with the residents of Kingswood subdivision and had individual meetings with property owners. We made agreements with the four property owners who are directly north of the northern expansion area. • Presented the landscape plan. Our plan was reviewed by the Urban Forester.A landscaping mound with tree plantings will be included along 106th Street and Hazel Dell Pkwy. • The general concepts of the reclamation plan stay the same. They will follow the guidelines of the Indiana Mineral Aggregates Association(IMAA). • What is being proposed tonight is consistent with our 2005 settlement agreement • When this is completed,the entirety of the property north of 106th will be given to the City of Cannel. Grass and plantings will be made,and the correct slopes will be done prior to this. We will dedicate an additional ROW along 106th Street so it is consistent with the 2023 Throughfare Plan. • Present Kingswood Subdivision Plat, in 2009,an additional 60 ft was given in the rears of each Kingswood BZA Meeting Minutes 6-26-23 3 lot that is directly adjacent to the north and west of the Martin Marietta property. An additional 90 ft will now be given to these property owners in the rear of their lots. • We are asking for amendments to the commitments: buffer size and location, landscaping and cleaning up the site,ability to move dirt when needed,and the length of time • Our commitments expired this October,and we are asking for an extension to Dec.31,2025 • We met with Mr.Yedlick on three separate occasions. He wants the water to come as close as it can and see it as soon as possible. We tried to accommodate his requests,but the majority of the neighbors like what they already have. For Mr.Yedlick's request,we would have to make the slope next to his rear yard a lot steeper than the rest of his neighbors' rear yards,and that doesn't make sense to us. Public Comments: Tom Yedlick, St.Charles Place in Kingswood: The reclamation plan is not a minor expansion. It's a completely new reclamation plan.When approval was originally granted for the expansion of Mueller North, it did not include a reclamation plan. This plan is now retroactive. I would like to see a reclamation plan as a not one-size-fits-all. Bernard Lally,Hunting Court in Kingswood: My property is directly east of the Mueller property.The property owners along the north have different thoughts from us on the east side. We want a little more assurance of what it is finally going to look like. Timothy Powell.Cannel resident: I hope the roundabout at 106th and Hazel Dell happens one day so I hope this proposal doesn't affect it. Rebuttal to Public Comments: Timothy Ochs • We are dedicating the ROW to the City so a roundabout will be constructed in the future • We are happy to continue our discussion with the neighbors • From our discussions,the neighbors want to keep it heavily wooded,except for Mr.Yedlick • Presented cross section of current mining operations vs. when completed of the adjacent rear yards. 5 to 1 slope will occur from the rear property lines to the future lake when mining stops. • We don't have the rights go within the 60 ft of the Kingwoods' rear private properties Department Report: Angie Conn: • This is currently being review by TAC and the Petitioner continues to address the remaining review comments • The Petitioner did a great job explaining their request to us • Staff recommends positive considerations with the following conditions: addressing all remaining TAC review comments,provide Staff with a copy of the recorded Commitments within 30 days,and completing any agreed to dedications of street ROW under the settlement agreement Board Comments: Grabow: Any new curb cuts proposed,or any curb cuts removed with these changes?Tim Ochs:No. Grabow: Does the proposed conveyance have no bearing on the limits of the reclamation area?Tim Ochs: They do not. We already have agreements with the 4 property owners on the west side to include what happens in the 60 ft and 90 ft areas. Grabow: Has the 60 ft conveyance area been impacted since 2009?Tim Ochs: To my knowledge, tt has not been impacted. The tree and plant growth Hawkins: When will the north area be completed?Timothy Ochs: No later than Dec. 31 2025 Hawkins: How long will the south area be completed? Timothy Ochs: We are adding 2-3 years to south.2028. A Motion made by Potasnik and seconded by Grabow to approve Docket Nos.PZ-2023-00112 SUA,PZ-2023- 00090 CA.,PZ-2023-00113 SUA,PZ-2023-00091 CA.with the conditions all remaining TAC review comments are addressed,provides Staff with a copy of the recorded Commitments within 30 days,and completes any agreed to dedications of street ROW under the settlement agreement. Approved 4-0,absent Dierckman. BZA Meeting Minutes 6-26-23 4 Old Business Continued from the May 22, 2023 BZA meeting. (V)L'Etoile Variances. The applicant seeks the following development standards variance approvals: 8. Docket No.PZ-2023-00083 V UDO Section 2.38 Side Setback-40'Minimum Side Setback for surface parking required,4' requested. 9. 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). 10. 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. Petitioner: Dan Moriarity, Studio M Architecture • We eliminated 9 units giving us 36 total units.This change lowers our total parking requirement to 51 spaces. We will have 4 on-street spaces available. This puts us at 2 parking spaces short. • We responded to the concerns from the neighbors at the last meeting by straightening the construction security fence,removed the weeds,and re-graded the construction site. Riley Cho,downtown Carmel: I'm in support of this mixed-use development.I would like to see less parking spaces be accepted by the BZA.Please provide more bike parking here. Ron Heilbrunn,S.Park Trail Drive: I appreciate them reducing the number of units. I think more parking is needed here.More parking is necessary if you are going to have retail space here. Hind Salih,Guilford Trail: I appreciate their efforts in cleaning up the site. I just want to know when will this site be completed? Rebuttal to Public Comments: Dan Moriarity • The debris that remains on the site will be used when construction starts on this project • I contacted the nearby mixed-use buildings to ask for a parking agreement and I did not get a call back Department Report: Angie Conn: • Staff appreciates the Petitioner cleaning up the site • The number of proposed units has reduced down to 36 from 45,with several units becoming 2-bedrooms • Staff would like to see a condition or commitment that the ls`floor retail space not to be used as a restaurant • Staff recommends positive consideration of all the variance requests Board Comments: York: Was the amount of retail space reduced?Dan Moriarity: It was reduced from the original plan. Potasnik: Can the Petitioner commit for not having a restaurant here?Dan Moriarity: I can't commit to that.I'm not sure how to define a restaurant.Potasnik: I don't see the parking working out for this site if there's a restaurant or a type of food service here. Hawkins: How many residents do we intend to have here?Dan Moriarity: 9 of the 36 units are two bedrooms. 45 bedrooms total. The extra bedroom doesn't mean an additional person. It could be used as a den or nursey. Hawkins:Are the parking spaces going to be reserved for residents'or retail?Dan Moriarity: I'm not sure how you regulate that.I can't make a commitment on behalf of the owner to reserve the parking.This is not a public garage. Hawkins: Can you commit to not having a restaurant or a food/beverage establishment?Dan Moriarity: I'm not sure how to define restaurant?Are a bar or coffee shop allowed?Grabow: I don't want to go down the path of what BZA Meeting Minutes 6-26-23 5