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HomeMy WebLinkAboutDepartment Report 09-27-234 of 9 CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT WEDNESDAY, SEPTMBER 27, 2023 (V) Tom Wood Audi Service Addition Variances. The applicant seeks the following development standards variance approvals: 4. Docket No. PZ-2023-00207 V UDO Section 5.10 (and City Code Chapter 10 Article 5, Carmel Flood Damage Prevention Ordinance) FDPO Section 5(C)(3) requires the building to be set at or above the FPG unless the building is floodproofed per the ordinance requirements. 5. Docket No. PZ-2023-00209 V UDO Section 7.10 Water quality preservation easement required; No easement requested. The site is located at 4610 E. 96th Street (East 96th Street Auto Park Subdivision, Lot 1). It is zoned B3/Business and SFHA/Special Flood Hazard Area. Filed by Kevin Buchheit of Krieg DeVault on behalf of Joe Feltman and Tom Wood, Inc. General Info: • The Petitioner seeks approval for a 14,071 sq. ft. building addition along the north side of the existing building, removing 31 parking spaces. • The overall building size will increase in size from 33,378 sq. ft. up to 47,449 sq. ft. • The site is located in East 96th Street Auto Park Subdivision, an already built out commercial development. • Surrounding this site are several automobile dealers. • Carmel Creek and its floodway exists just to the west. • Two BZA variances are requested from the Flood Damage Prevention Ordinance. • Related Plan Commission Docket Nos. are PZ-2023-00117 ADLS Amend and PZ-2023-00129 SP Replat. • Please see the Petitioner’s info packet for more detail on the variance requests. Variances Requested: Flood Protection Grade – • FDPO Section 5(C)(3) requires the building to be set at or above the FPG (Flood Protection Grade) unless the building is floodproofed per the ordinance requirements. The Petitioner seeks a variance from this. • The interpolated 100-year flood elevation is 740.4 feet. • Flood Protection Grade is defined as the elevation of the regulatory flood plus 2 feet at any given location in the SFHA. • The base flood elevation (BFE) for the building addition is 740.42 feet. Their proposed finish floor elevation / proposed flood protection grade is 741.10. So they are providing 0.68 ft (or over 8"), when 2 feet is normally required. • The Carmel Engineering Dept. has no concerns with the requested variance for the building addition. Water Quality Preservation Easement – • UDO Section 7.10 (F) states that any lot abutting or containing a natural lake, stream or wetland shall establish a water quality easement for the following regulation (as listed in the UDO for Natural Lake, Wetlands, Stream, and Whtie River). The Petitioner seeks a variance from this, to not record or add any additional easements to the subdivision plat/replat. • The Carmel Engineering Dept. has no concerns with the requested variance. • From the Carmel Engineering Dept: Our stormwater technical standards require the entire floodplain to be placed in a drainage easement since it is a flood route. The UDO requires an additional 25-ft wide water quality preservation easement buffer along the edge of the drainage easement/edge of floodplain. Where there is already development in the 25-ft buffer area, the City Engineer has been supportive of waivers from the water quality preservation easement requirement. The intent is to preserve natural stream and wetland buffers where they currently exist. As an “incentive” we would also consider the Petitioner re-naturalizing a 5 of 9 developed portion of the floodplain/preservation easement area as a possible part of the water quality system for the project. Remaining Review Comments: • All planning/zoning review comments related to the variance applications have been addressed. Final Comments: • The Planning Dept. supports the variance requests since the Carmel Engineering Dept. has no concerns with the requested variances. • Regarding the future proposed parking expansion, the Carmel Engineering Dept. relayed to Planning Staff that UDO Section 7.13(D) might apply. That section states “No parking in hazard area: on street or off street parking shall not be built within a special flood hazard area identified as an A zone on the flood insurance rate maps.” 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 with adoption of the Findings of Fact submitted by the Petitioner.