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HomeMy WebLinkAboutDepartment Report 07-23-181 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT JULY 23, 2018 (V) Honda Express Service. The applicant seeks development standards variance approvals for signage and lighting: 1. Docket No. 18040010 V UDO Section 5.03.B.4 Max. 0.3 foot-candles at property lines, Avg. 8 foot- candles proposed. 2. Docket No. 18040011 V UDO Section 5.39.E.8 Ground sign must be at least 5-ft out of street right of way, existing ground sign in street right of way proposed. 3. Docket No. 18040012 V UDO Section 5.19.F.1 North/East Perimeter Bufferyard Landscaping: 163 plantings required, 59 proposed. 4. Docket No. 18040013 V UDO Section 5.19.F.4 Parking Lot Landscaping: 42 plantings required, 35 proposed. The site is located at 4146 E. 96th Street (the former Harley Davidson site). It is zoned B3/Business. Filed by Allen Dresselhouse of Penske Automotive Group. General Info & Analysis: The Petitioner is going to re-use the former Harley Davidson building/site. The Petitioner received design approval from the Plan Commission Commercial Committee on March 6, 2018 for the remodeling and building addition to the former Harley Davidson building (Docket No. 18020001 ADLS Amend). In relation to this re-use proposal of the existing site, several variance approvals are needed, and they relate to lighting, signage, and landscaping. Please see the Petitioner’s informational packet for more detail on the variance requests. Parking Lot Lighting: Regarding the parking lot lighting levels, a maximum of 0.3 foot candles is permitted along the property lines, but up to 19 foot-candles shown in some areas. The existing parking lot lights will remain; however, the lighting levels on the photometric plan exceed the maximum allowed foot-candles in the Unified Development Ordinance. The adjacent surrounding areas north of 96th Street are all automobile-related in land use, and so the lighting levels fall in line with what the surrounding properties have. Ground Sign Location: Per the sign ordinance, a ground sign needs to be a minimum 5-ft. setback from the property line (future street right of way). The existing sign is located within the right-of-way. Over the years, the required future street right of way of 96th Street has widened, thus making the existing sign out of compliance, being legally non-conforming ( or grandfathered). A variance approval will make it legal. Also, the sign will need approval from the Board of Public Works and Safety (BPW) for a Consent to Encroach approval. Landscaping: Much of the existing landscaping will remain with additional trees and some shrubs planted to further enhance the landscaping. This will include new street trees planted along 96th St. and along Bauer Dr. There is not much landscaping internal to the site; however, there are a few opportunities for installation of additional plantings. Some new traffic control islands are proposed, and instead of filling these in with concrete, the Department would like these areas to be landscaped. The Landscape Plan sheet created by the Petitioner lists the required amount of plantings required vs. how much they will install/provide. The landscaping variance requests relate to the number of plantings required along Bauer Street (for a perimeter bufferyard along the north side of the site), along 96th Street (for a perimeter bufferyard along the south side of the site), and within the parking lot areas (internal to the site). The Urban Forester stamped/approved the final landscape plan, knowing that the Petitioner would seek variance approvals; he is okay with the reduced number of total plantings, due to the existing conditions on the site. The Planning Dept. supports all four variance requests. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet . Recommendation: After all comments and concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket Nos. 18040010- 13 V. 2 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT JULY 23, 2018 TABLED TO AUG. 7, SPECIAL MEETING: (V) 1035 Ridge Ct. Fence. The applicant seeks development standards variance approval for a privacy fence along Keystone Pkwy: 5. Docket No. 18060022 V UDO Section 5.09.B Maximum 42-inch fence with at least 25% visibility required in the front yard, 6-ft tall solid wood fence proposed. The site is located at 1035 Ridge Ct. (Cool Creek Estates, Section 4, Lot 98). It is zoned R2/Residence and Keystone Pkwy. Overlay. Filed by Christopher & Amanda Brodnik, owners. This item is tabled to the Tuesday, August 7 special meeting of the BZA Hearing Officer. 3 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT JULY 23, 2018 (V) The Preserve at Bear Creek, Open Space. The applicant seeks development standards variance approval for a slight reduction in open space, related to the County’s 146th Street Improvement Project: 6. Docket No. 18060024 V PUD Ordinance Z-589-14, Section 5.1 Minimum 21.5 acres of open space required, 21.46 acres proposed. The site is located at the southeast corner of 146th St. & Little Eagle Creek Ave., near 14224 Denali Dr. It is PUD/Planned Unit Development. Filed by Timothy Ochs of Ice Miller, on behalf of Pulte Homes. General Info & Analysis: The Petitioner seeks approval to have 21.46 acres of open space, rather than the required minimum 21.5 acres specified by The Preserve at Bear Creek PUD Ordinance. This is a variance of 0.04 acres or 0.2%. The rest of the site is being developed for single family detached homes. The request is for a variance to permit a Minimum Open Space Requirement of not less than 29.75% (or 21.4 acres) of Common Area (Open Space). Please see the Petitioner’s informational packet for more detail on the variance request. History of Site and Variance Request: In 2014, when the PUD was approved, the widening of 146th Street by Hamilton County was anticipated, and the site plans for the proposed residential subdivision accounted for the future design of 146th Street. Specific amounts of ground were identified to allow for the widening and these amounts were utilized to establish the Minimum Open Space Requirement within Ordinance Z-589-14 of “Not less than 30% or 21.5 acres of the Real Estate.” Hamilton County has informed the Petitioner that a very small additional area from the Subdivision’s Common Area which borders 146th Street is needed to complete the widening of 146th Street, which results in the Subdivision only having 21.46 acres of Common Area. To allow the Subdivision to be in compliance with the Minimum Open Space Requirement of Ordinance Z-589-14, the following variance is requested from Section 5.1 of PUD Ordinance Z-589-14 - Minimum Open Space Requirement: “The PUD requires a Minimum Open Space Requirement of Not less than 30% or 21.5 acres of the Real Estate.” The proposed taking by Hamilton County to complete the widening of 146th Street would result in the Subdivision of only having 21.46 acres of Common Area / Open Space. The Planning Dept. supports this variance request. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket No. 18060024 V. 4 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT JULY 23, 2018 1. (A) Lucas Estate Appeal: Docket No. 17120006 A. The applicant seeks to appeal the 11/09/2017 Determination Letter written by the Carmel Department of Community Services’ Director. The site is located at 1143 W. 116th Street and 1303 W. 116th Street (now 11303 Ditch Rd.). The site is zoned S1/ Residence and partially lies within the West 116th Street Overlay Zone and the Floodplain Zone. Filed by Timothy Ochs of Ice Miller LLP, on behalf of The Lucas Living Trust. General Info: The Director of the Department of Community Services issued a zoning determination letter on November 9, 2017 pertaining to the Special Events Venue/Meeting or Party Hall land use operating out of the Lucas Estate property. This Determination intended to clarify the extent to which the Lucas Estate may use Temporary, Short-term Outdoor Special Events consistent with Carmel’s zoning laws. The determination letter also stated that any Outdoor Special Event held at/by the Lucas Estate may be permitted as a Temporary Use, however any and all such uses must take place outdoors, shall not utilize any on-site building, including but not limited to indoor restrooms, kitchens, or event space, and may only occur once per season for a maximum of four events per year. The Outdoor events are mostly held on the Lucas mansion (east) side of the overall property, whereas the ‘party barn’ (west) side of the site accommodates more the parking of vehicles related to the events, as well as events held inside the ‘party barn’. Please see the Petitioner’s informational packet/brief, as well as Planning Director’s supplemental information, for more detail. Analysis: The Property is zoned S1/Estate Residential. A commercial use is not permitted to operate out of a residentially- zoned property without proper approvals from the City of Carmel and/or the Board of Zoning Appeals. On October 23, 2017, the Carmel Board of Zoning Appeals denied the Use Variance and Development Standards Variance petitions sought by the Lucas Estate to operate a Special Events Venue/Meeting or Party Hall on the Property (BZA docket nos. 17040002 UV – 17040005 V). As the BZA denial was not appealed by the Petitioner within 30 days, the decision made by the BZA was final and valid. Any noncompliance is now legally enforceable by the City of Carmel, Indiana, and/or the BZA. The Unified Development Ordinance (UDO) defines the terms Outdoor Special Event, Outdoor Temporary Use, and Commercial Use as the following: Special Event, Outdoor: Short-term cultural, community and entertainment events that take place outdoors shall be considered special events, including but not limited to fund-raising activities by not-for-profit organizations, car washes, walks, runs and bike events, concerts, or festivals. Use, Temporary: Short-term or seasonal uses which may be associated with construction projects or which intend to sell or promote specific merchandise or products and shall include, but not be limited to, special events, outdoor displays, outdoor seasonal sales, temporary construction facilities, residential model homes, and temporary sales offices. Commercial Use: Those uses identified in Article 2: Zoning Districts under the sub-heading of: Office Permitted Uses, Office Special Uses, Institutional Permitted Uses, Institutional Special Uses, Retail and Services Permitted Uses, Retail and Services Special Uses, Cultural/Entertainment Permitted Uses, Cultural/Entertainment Special Uses, Industrial Permitted Uses, and Industrial Special Uses. The duration, frequency, and size of events held on this property make this site more commercial in nature and negatively impacts the surrounding residential properties. The related concerns of noise, traffic, and light pollution, especially as it relates to the outdoor events held on the eastern portion of the site, need to be addressed. 5 Amongst the use violations, there are some site/building concerns. For instance, a paved parking lot was added to the mansion site between 2011-2012 without reviews or approvals from the City. The ‘party barn’ was remodeled in early 2017; however, interior remodel permits were not submitted to the City. Last known permits were pulled for the ‘party barn’ in 1986. Also, there is concern about the current septic system size and its ability to accommodate large numbers of people attending these events. These items also need to be addressed. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services recommends the BZA votes to deny the appeal and uphold the Director’s Determination. Or, if so inclined, the BZA can hear the petition and then continue it to the August 27 BZA meeting, to allow time for the Petitioner to address the concerns of the neighbors and the City, and using the draft Commitments (attached) originally proposed with their prior Use Variance proposal as a starting point. 6 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT JULY 23, 2018 (V) Johnson Addition, Lot 3. The applicant seeks development standards variance approvals related to splitting one lot into two: 2. Docket No. 18060007 V UDO Section 2.10: Min. 10,000 s.f. lot area required, 8,400 s.f. proposed 3. Docket No. 18060008 V UDO Section 2.10: Min. 80-ft lot width required, 60-ft proposed 4. Docket No. 18060009 V UDO Section 2.10: Max. 35% lot coverage required, 45.1% proposed The site is located at 525 W. Main St. It is zoned R2/Residential. Filed by Jim Shinaver of Nelson & Frankenberger, Inc., on behalf of Wedgewood Real Estate Partners, LLC. General Info & Analysis: The Petitioner is in the process of seeking Plan Commission approval to split the existing lot into two, keep the existing house, and then building a new house on the new lot created to the east (Primary Plat Amendment docket no. 18060014 PP Amend.) The existing lot is around 19,342 sq. ft. in size. The Petitioner seeks variance approvals relating to lot size, lot width, and lot coverage. Even with the addition of this lot, the overall density for the Johnson Addition neighborhood will be 2.69 units per acre, and that is less than the density cap of 3.9 units per acre for the R2 zoning district. Please see the Petitioner’s informational packet for more detail on the variance requests. Just to the west of this site, a Petitioner received primary plat amendment approval to split one lot into two. That original lot was 19,180 sq. ft. in size, and they were able to do a lot split where the resulting lots were able to comply with the development standards of the R2 zoning district - they did not need to seek any BZA approvals. Lot size: The existing lot is around 19,342 s.f. in size. The Petitioner proposes to do a lot split where one lot will be 11,849 s.f. in size to accommodate the existing house, and the new vacant lot would be 8,407 s.f. in size. The minimum lot size required in the R2 zoning district is 10,000 s.f.; this is a variance of 1,593 sq. ft., or 16%. Lot width: The existing lot is a corner lot, so it has two front yards. The existing western lot frontage is around 137.5 feet wide, and the existing northern lot frontage is around 151 feet long. The Petitioner proposes to do a lot split where the west lot will become 89.73 feet wide to accommodate the existing house, and the east vacant lot will be 61.37 feet wide. (This is similar to the lot widths in the Old Town Overlay area.) The minimum lot width required in the R2 zoning district is 80 ft. This is a variance of 18.63 ft., or 23%. Lot coverage: The existing lot coverage of the existing property is around 3,539 sq. ft., or 18.2 %. This takes into account all building footprints, paved areas, concrete areas, etc. The Petitioner proposes to do a lot split where the proposed lot coverage would be 33.6% for the west lot and 45.1% for the east vacant lot (based off proposed site plan). The maximum allowed lot coverage allowed in the R2 zoning district is 35%. This is a variance of 10.1% for the east lot. With all the redevelopment occurring in the area, there is a need to adequately address storm water quality and detention. A few ways to mitigate the increase in lot coverage is to utilize rain barrels, rain gardens, pervious pavement, pervious asphalt, etc. The Petitioner should work with the Engineering Dept. to address all the City’s stormwater quality & detention requirements, as well as address the Engineering Department’s review comments and concerns about grading, drainage, etc. (that will go along with the Primary Plat Amendment petition’s review). The Planning Dept. supports all three variance requests. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket Nos. 18060007-9 V. 7 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT JULY 23, 2018 (V) Sunrise on the Monon, Temporary Construction Facility. The applicant seeks the following development standards variance for the existing permitted use: 5. Docket No. 18060010 V PUD Z-598-14 Section 7.1, and UDO Section 5.41: Temporary Construction Facility Standards, Duration and Parking. The site is located at 1526-1536 Daylight Dr., on Lots 1-6 of Sunrise on the Monon subdivision (former Sunrise golf course clubhouse). It is zoned PUD/Planned Unit Development (Z-598-14). Filed by The Old Town Design Group, LLC. General Info & Analysis: The Petitioner is using the former 2,300 sq. ft. Sunrise golf course clubhouse building for its temporary construction facility during the buildout of The Sunrise on the Monon residential development. The Petitioner seeks approval to extend the time limit on operating a temporary construction facility use on the site, including the employee parking lot use. The Unified Development Ordinance (UDO) requires that there is adequate access and off-street parking for this type of temporary land use. Please see the Petitioner’s informational packet for more detail on the variance request. The applicant seeks a time extension approval of this temporary use and its associated parking area, to operate until the beginning of site work for Phase 3 of the Sunrise on the Monon residential development. Once Phase 3 begins, the former golf clubhouse building will be demolished. Also, the gravel path segment along Westfield Blvd. (east of the northern retention pond) will be paved at that time, with the construction of the Phase 3 houses. Most likely, this will occur sometime in 2019. The number of employees for this temporary construction facility varies. There are 5 offices and 2 temporary work stations in the building, as well as a conference room for meeting space. Old Town Construction superintendents and assistants use the meeting space for construction coordination. The number of vehicles parked on the site varies, and it is estimated that 5-20 vehicles are parked on site at any given time. Most of the employees of the subject temporary construction facility building work solely in the Sunrise at the Monon development; however, some employees also work in other Old Town Design Group developments in Carmel and Westfield. Unified Development Ordinance (UDO) section 5.41 lists out standards for Temporary Construction Facilities. Among these is the requirement that reads: “The duration of the temporary construction facility shall be fixed by the Director of Community Services for a term not to exceed 18 months. However, upon request and upon a site inspection, the Director of Community Services may extend such a permit for a length of time deemed appropriate not to exceed 18 months per extension.” (This temporary construction facility has been in operation since late 2015, early 2016.) The UDO requirements also state that if the temporary facility serves multiple properties, the facility needs to have adequate access and off-street parking provided. The Planning Dept. supports the variance request, with the condition of a 12/31/19 end-by date for the use. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments/concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket No. 18060010 V with the condition that the use ends by 12/31/19.