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HomeMy WebLinkAboutDepartment Report 06-24-196 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT JUNE 24, 2019 (CA) East 96th Street Auto Park Commitment Amendment. The applicant seeks the following approval: 1. Docket No. 19050005 CA Request to modify existing commitments as it relates to the south half of Block A and to Lot 3, within the East 96th Street Auto Park Subdivision. The site is located at approximately 4600/4620 E. 96th Street. It is zoned B3/Business and SFHA/Special Flood Hazard Area. Filed by Napleton Kia of Carmel and Wood Auto Park, LLC. General Info: The Petitioner seeks approval to modify the existing commitments as it relates to the south half of Block A (near 96th/Randall) and to Lot 3 (for the Triangular Parcel west of Tom Wood Jaguar), within the East 96th Street Auto Park Subdivision. Please see the Petitioner’s informational packet for more detail on the variance request. And, please also see the Engineering Dept. statement dated 06/19/19. History: Commitments were made and recorded with the original special use petitions for this area in 2000, relating to BZA Docket Nos. SU-53-00, SU-54-00, and SU-55-00. Back then, the zoning ordinance required special use approval for automobile/boat sales land uses, even on land zoned B3/Business. The commitments adopted with the special use approvals ran the gamut of addressing lighting, landscaping, architecture, land use, test drives, fencing, hours of operation, speakers, and more. (A Commitment Amendment was also approved in 2006, regarding hours of operation, with Docket No. 05120009 CA.) Today, the UDO (Unified Development Ordinance) is in place, and automobile/boat sales are a permitted use in the B3 zoning district. Only, Technical Advisory Committee and Plan Commission review is required for a new auto dealer development. BZA review is not necessary for that land use. Analysis: The two parcels that are the subject of this 2019 Commitment Amendment Application include: (i) the DYC Realty, LLC parcel which consists of approximately 3.74 acres, located at the northeast intersection of Randall Drive and 96th Street, and (ii) a portion of the Wood Auto Park, LLC parcel which consists of approximately 2.03 acres, triangular in shape and located on real estate that is commonly known as 4620 E. 96th Street, which includes the Tom Wood Jaguar automobile dealership (the “Wood Triangular Parcel”). 1. DYC Parcel and Napleton Kia of Carmel Commitment Amendment Request: Napleton Kia of Carmel (“Napleton”) is the contract purchaser of the DYC Parcel and is seeking this 2nd Amendment to the 96th Street Auto Park Commitments so that Napleton can develop an automobile dealership on the DYC parcel. Because of the existence of the 96th Street Auto Park Commitments, in order for Napleton to develop an automobile dealership on the DYC Parcel, Napleton is seeking this Commitment Amendment Request. While Napleton’s Commitment Amendment Request seeks approval for an automobile dealership, along with all related and ancillary uses thereto, to be a permitted use on the DYC Parcel, the proposed 2nd Amendment to the 96th Street Auto Park Commitments still includes many of the other zoning commitments that were part of the 96th Street Auto Park Commitments, including but not limited to, requirements and regulations pertaining to: (i) hours of operation; (ii) outdoor loud speakers and related audio components; (iii) no test driving of vehicles for sale through the Williamson Run subdivision; (iv) flag poles, banners and promotional items; and, (v) additional landscape buffer plantings and treatment along the northern property line. The City is supportive of this commitment amendment for the future Napleton Kia parcel. On a related note, associated with Napleton’s Commitment Amendment Request, Napleton is also simultaneously filing applications for (i) Development Plan (“DP) approval; (ii) Architecture Design, Lighting, 7 Landscaping and Signage (“ADLS”) approval; and, TAC approval for the site plan, building elevations, landscape plans and signage plans for their proposed Kia automobile dealership that will be reviewed in detail by the Carmel Plan Commission and the Carmel Technical Advisory Committee. And, as part of the BZA’s review of Napleton’s Commitment Amendment Request, the BZA will also have an opportunity to view all proposed plans for the proposed Napleton Kia dealership. 2. Wood Triangular Parcel Commitment Amendment Request: While the Wood Triangular Parcel is adjacent to real estate being used for the Audi, Jaguar, Volvo and Land Rover dealerships, it is undeveloped and not being used in connection with any of the dealerships. Previous approved landscape plans for the Tom Wood Jaguar site show this section of Lot 3 as being a Greenway Area. The Wood Triangular Parcel cannot be developed or otherwise used for automobile dealership purposes without an amendment to the 96th Street Auto Park Commitments. It is also important to note that the Triangular Parcel is located within Carmel Creek’s Floodway (not just the floodway fringe of a floodplain). The Commitment Amendment proposal request is to strip all prior associated commitments from this Greenway Area so that it cannot solely be used for green-way. This parcel of land was specifically called out as a Greenway Area on the original development plans for the E. 96th Street Auto Park. It is located within the Floodway of Carmel Creek. The existing commitments are an additional layer of protection for this natural resource. The City also has standards for floodplain areas. The City is not in support of the commitment amendment for the Triangular Parcel (Greenway Area). It should remain preserved for Greenway Area use, only. Summary and Conclusion: Included with the 2019 Commitment Amendment Request is the proposed 2nd Amendment to the 96th St. Auto Park Commitments document. All property owners subject to and having rights in the original Commitments have agreed and consented to the filing of this 2019 Commitment Amendment Request, and they also consent and agree to the terms and conditions contained in the proposed 2nd Amendment to the 96th Street Auto Park Commitments. The City is in support of the commitment amendment for the southern section of Block A (the proposed Napleton Kia site. However, the City is not in support of the commitment amendment for the Northwestern Triangular Greenway Area Parcel on Lot 3. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No.19050005 CA, where any reference made to modifying existing recorded commitments for the Northwestern Triangular Greenway Area Parcel on Lot 3 (aka Wood Triangular Parcel) is removed.