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HomeMy WebLinkAboutDepartment Report 10-28-1910 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT OCT. 28, 2019 (SU) Overflow Church. The applicant seeks the following special use approval in an existing multi-tenant building: 4. Docket No. 19090012 SU UDO Section 2.23: Permitted Uses, Special Use required for Church/Temple/Place of Worship. The site is located at 9800 Association Ct. and is zoned B3/Business. Filed by Jesse Cupp on behalf of Overflow Church, Inc. General Info and Analysis – The Petitioner seeks special use approval for a Place of Worship land use in the B3/Business zone. The Petitioner would like to lease a 5,000 sq. ft. portion of an existing multi-tenant office building for worship services and church ministry functions. The site is located south of Briar Lane Estates neighborhood, within an office park that has mostly car-oriented businesses. The original approval for this site was granted in 2001, with the Bauer Commercial Design Plan (Docket No. SU-31-01). Please see the Petitioner’s informational packet for more details. The church attendance is 80 people on average including children. There will be an average of 60-65 adults in the sanctuary/worship space; 100-120 chairs will be set up. Future plans are to have the preschool and elementary age children in classrooms as an accessory use. The building currently consists of a one story wood structure and two story steel structure. The church would occupy the one story south/front space (approximately 3,400 sq. ft.) with access to the common area (approximately 1,500 sq. ft.). The tenant space currently contains two unisex, ADA compliant restrooms. The common area houses larger multi-stall restrooms and a kitchenette. The Petitioner is working with an architect on the necessary updates in order to bring the tenant space up to building and fire code for assembly use. With a parking ratio of 1 space for every 4 seats in the main place of assembly required, 30 parking spaces are provided, and 49 parking spots exist in the parking lot. Plus, there is on-street parking. (This can accommodate close to184 people, using that church use parking ratio.) The existing trash dumpster will be enclosed. (At a bare minimum, a wooden or vinyl privacy fence should be erected around it. Tall arborvitae shrubs, in addition to the fence, are requested, too.) Technical Review - The Technical Advisory Committee reviewed the technical aspects of the project and site. Some items reviewed are drainage, landscaping, police/fire access, utilities, and more. The TAC Members had no major issues with this proposal at the initial introduction, and the Petitioner continues to follow up with each Member to address outstanding review comments. Active Transportation – Compliance with the Comprehensive Plan’s Transportation Plan is a requirement. The existing 50’ street right of way width is acceptable to the City Engineer. The Petitioner will add bicycle parking. If the Petitioner/landowner does not install the required sidewalk segment as specified by the City Engineer (or pay what it would cost into the Thoroughfare Fund), then they will need to record a commitment to install that sidewalk segment, if and when the City ever requires it. (The Petitioner is working with the Carmel Engineering Dept. for the sidewalk installation timeframe – the Petitioner’s goal is to install it within 1 year.) Landscaping - The Petitioner proposes to plant additional trees to bring the site back into compliance with the approved 2001 landscape plan. Signage - No signage is proposed at this time, but any future signage will comply. The property is considered a Multi-Tenant Ground Floor Building meaning one sign is permitted per Street Frontage for each tenant. The tenant space for Overflow Church abuts two Streets; Association Ct. and Bauer Drive E., meaning two signs are permitted. The petitioner will work with Staff at a later date to secure signage. They’ve indicated a wall sign on the south elevation and ground sign, utilizing an existing bare ground sign in front of the building, may be used. Special Use Request - UDO Section 9.09 lists out the Special Use Process. Also per the Ordinance, Special Uses shall generally be considered favorably by the Board of Zoning Appeals, except in cases where the Board 11 of Zoning Appeals finds the proposed Special Use obviously inappropriate as a result of special and unique conditions determined as a result of the review procedure established herein. Criteria, Basis of BZA review: 1. Topography; 2. Zoning on site; 3. Surrounding zoning and land Use; 4. Streets, curbs and gutters and sidewalks; 5. Access to public streets; 6. Driveway and curb cut locations in relation to other sites; 7. General vehicular and pedestrian traffic; 8. Parking location and arrangement; 9. Number of parking spaces needed for the particular Special Use; 10. Internal site circulation; 11. Building height, bulk and setback; 12. Front, side and rear yards; 13. Site coverage by building(s), parking area(s) and other structures; 14. Trash and material storage; 15. Alleys, service areas and loading bays; 16. Special and general easements for public or private Use; 17. Landscaping and Bufferyards; 18. Necessary fencing; 19. Necessary exterior lighting; 20. On-site and off-site, surface and subsurface storm and water drainage; 21. On-site and off-site utilities; 22. Dedication of streets and rights-of-way; 23. Proposed signage (subject to regulations established by the Sign Ordinance); and 24. Protective restrictions and/or covenants. 25. Need for lifeguards and other supervisory personnel, in respect to a private recreational development or facility (doesn’t apply). Basis of BZA Approval or Rejection: a. The particular physical suitability of the premises in question for the proposed Special Use. b. The economic factors related to the proposed Special Use, such as cost/benefit to the community and its anticipated effect on surrounding property values. c. The social/neighborhood factors related to the proposed Special Use, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity. d. The adequacy & availability of water, sewage and storm drainage facilities and police and fire protection. e. The effects of the proposed Special Use on vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed. Comprehensive Plan – The Land Classification Plan within the Comp. Plan contains the Appropriate Adjacent Land Classifications Table. The church use can be considered an Institutional Node. And, the surrounding residential land uses can be considered Suburban Residential land uses. Also, the surrounding business uses can be considered an Employment Node. Institutional Uses are viewed as being a Best Fit next to commercial/ business uses, meaning it is appropriate to place the Institutional land use adjacent to business uses. Also, the Institutional Use is considered a Conditional Fit when placed next to Suburban Residential uses, meaning it is appropriate when the more intense development is installed with sensitivity to the adjacent land classification. This is being done by the church locating in an existing commercial building that sits close to the street, with the subject site having a green space buffer between the building and the homes to the north. The closest house is around 263 feet away from the existing multitenant building. Petitioner’s Findings of Facts - Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation - The Planning Dept. supports this special use request. The above mentioned analysis shows that the proposed institutional use is complementary to the surrounding land uses. Special Use petitions shall be viewed favorably by the Board per the ordinance. The Planning Dept. supports the special use request. After all comments and concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket No. 19090012 SU, with the following conditions: 1) the Petitioner addresses all outstanding items prior to receiving a certificate of occupancy, 2) the landowner commits to not appealing his commercial property tax assessment (churches are tax exempt but this site is in a TIF district), and 3) the Petitioner/ landowner installs the required sidewalk segment within 1 year (or pay into the Thoroughfare Fund).