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HomeMy WebLinkAboutFindings of Fact/Ballot Sheets FINDNGS OF FACT - COMMITMENT AMENDMENT CARMEL ADVISORY BOARD OF ZONING APPEALS Docket Number: 19050005 CA Project Name: Amendment to the 96th Street Auto Park Zoning Commitments Applicants: Napleton Carmel Imports, LLC dba Napleton Kia of Carmel and Wood Auto Park, LLC COMMENTS: Approval of the requested Commitment Amendment will not be injurious to the public health, safety, morals and general welfare of the community because: (i) all property owners subject to and having rights in the 96th Street Auto Park Commitments have agreed and consented to the filing of this 2019 Commitment Amendment request; (ii) absent the existence of the 96th Street Auto Park Commitments, automobile dealerships would be a permitted use in the B-3 Business zoning classification pursuant to the City of Carmel's Unified Development Ordinance ("UDO") and Napleton and Wood Auto Park, LLC would not be required to seek this Commitment Amendment in order to utilize the DYC Parcel or the Wood Triangular parcel for automobile dealership purposes; (iii) the segment of the 96th Street corridor in this area contains other retail, commercial and automobile dealership uses and the proposed commitment amendment request to permit automobile dealership uses on the DYC Parcel or Wood Triangular Parcel is consistent with the similar uses in the vicinity of the subject parcels; and, (iv) as related to the Napleton request on the DYC Parcel, the proposed 2nd Amendment to the 96th Street Auto Park Commitments includes other zoning commitments that were part of the 96th Street Auto Park Commitments, including but not limited to, requirements and regulations pertaining to hours of operation; outdoor loud speakers and related audio components; no test driving of vehicles for sale through the Williamson Run subdivision; flag poles, banners and promotional items; and, additional landscape buffer plantings and treatment along the northern property line. In consideration of the foregoing, granting the Commitment Amendment request will not be injurious to the public health, safety, morals and general welfare of the community. Further, because the properties surrounding the subject parcels are zoned B-3 Business and considering that this segment of the 96th Street corridor includes various retail and commercial types of uses, including other car dealerships in the nearby vicinity, approval of the Commitment Amendment request will not have an adverse impact on the uses and values of the properties that surround the subject parcels. Finally, although the DYC Parcel and the Wood Triangular Parcel are zoned B-3 Business which would permit automobile dealerships as a permitted use by right pursuant to the UDO without Special Use Approval by the BZA, a practical difficulty exists in that the subject parcels cannot be developed for automobile dealership purposes absent approval of this Commitment Amendment request. Additionally, in the case of the Wood Triangular Parcel, this Commitment Amendment Request is just the first step in a process of approvals that are required to use the Wood Triangular Parcel for the permitted uses in the B-3 Business zoning classification. Again, considering the properties surrounding the subject parcels are zoned B-3 Business and include various retail and commercial types of uses, including other automobile dealerships, the existence of the 96th Street Auto Park Commitments results in a practical difficulty for the Applicants to develop automobile dealership uses on their respective parcels. CARMEL ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET -COMMITMENT AMENDMENT Docket Number: 19050005 CA Project Name: Amendment to the 96th Street Auto Park Zoning Commitments Applicants: Napleton Carmel Imports, LLC dba Napleton Kia of Carmel and Wood Auto Park,LLC COMMENTS: Q Dated this 24th day of June. 2019. Board of Z ing Appeals Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET-COMMITMENT AMENDMENT Docket Number: 19050005 CA Project Name: Amendment to the 96th Street Auto Park Zoning Commitments Applicants: Napleton Carmel Imports,LLC dba Nanleton Kia of Carmel and Wood Auto Park, LLC COMMENTS: 4r4 4 7 awls Dated this 24th day of June, 2019. f � _ Board of Zonin Appeals Board ember CARMEL ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET - COMMITMENT AMENDMENT Docket Number: 19050005 CA Project Name: Amendment to the 96th Street Auto Park Zoning Commitments Applicants: Napleton Carmel Imports, LLC dba Napleton Kia of Carmel and Wood Auto Park, LLC COMMENTS: o Dated this 24th day of June, 2019. rA ard of Zonin Appeals Board Member g PP CARMEL ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET - COMMITMENT AMENDMENT Docket Number: 19050005 CA Project Name: Amendment to the 96th Street Auto Park Zoning Commitments Applicants: Napleton Carmel Imports, LLC dba Napleton Kia of Carmel and Wood Auto Park, LLC COMMENTS: Dated this 24th day of June, 2019. Board of Zoning Appeals Board Member CARMEL ADVISORY BOARD OF ZONING APPEALS BALLOT SHEET - COMMITMENT AMENDMENT Docket Number: 19050005 CA Project Name: Amendment to the 96th Street Auto Park Zoning Commitments Applicants: Napleton Carmel Imports, LLC dba Napleton Kia of Carmel and Wood Auto Park, LLC COMMENTS: keen-ovE-P Dated this 24th day of June, 2019. Board o oning Appeals oar Member