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HomeMy WebLinkAboutDepartment Report 11-25-194 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT NOV. 25, 2019 (SUA) Islamic Life Center Amendment. The applicant seeks the following special use amendment approval for a place of worship on 14.78 acres, to mostly shift the west parking to the north side of the building: 1. Docket No. 19090001 SUA UDO Section 2.03: Permitted Uses, Special Use required for Church/Temple/Place of Worship. The site is located at 14120 and 14138 Shelborne Rd. and is zoned S1/Residence. Filed by Paul Reis & Kevin Buchheit of Krieg DeVault LLP on behalf of Al Salam Foundation, Inc. General Info & Analysis: The Petitioner seeks Special Use Amendment approval for a place of worship land use that was originally approved on February 26, 2018, with conditions/commitments (Docket No. 17120001 SU). The original special use petition was for a place of worship on 4.6 acres. Pursuant to the commitments approved with the original special use approval, the Petitioner is back before the Board to fulfill them. The amended site plan now shows the northern 9.73-acre parcel incorporated into the site plan, where most of the northern parcel site will remain as is (residential house, garage/barn for storage, etc.). The parking spaces originally located along the western side of the south parcel are now proposed to be relocated to the east, to exist north and south of the proposed place of worship building, away from the neighbors. Please see the Petitioner’s info packet for more detail. Per the Zoning Ordinance, places of worship require special use approvals for land zoned S1/Residence. Also per the ordinance, Special Uses shall generally be considered favorably by the Board of Zoning Appeals. Religious uses are viewed as compatible uses next to residential uses, but with special review of technical aspects and other factors to ensure compatibility. The Special Use Amendment petition is the only request in front of the BZA; no development standards variances are needed. The project will comply with all other development requirements, including landscaping, lighting, signage, drainage, etc. The Petitioner seeks approval for the land use, first, and will then submit a full set of construction plans to the Technical Advisory Committee for final reviews/approvals (if approved by the BZA). Surrounding the site are single family detached homes. The two closest subdivisions are Overbrook Farms and Albany Place. The other parcels are large lot home sites and unplatted parcels of S1/Residence zoned land. Shelborne Road runs along the east side of the site, and 141st Street runs along the south side of the site. Both streets are classified in the Transportation Plan as Parkway Collector Streets. A Parkway Collector Street is designed to carry moderate volumes of traffic throughout the community. A Parkway Collector Street is equivalent in vehicular intensity to an Urban Collector Street and a Collector Street. A future roundabout is planned at the street intersection. Changes To Proposal Since 2018:  More acreage (to meet the prior commitments)  Parking shifted east (to meet the prior commitments)  Adding porticos to the north/south sides of the building for guest pick up/drop off  Slight change in orientation and reduced size of building (removal of basement)  16-ft tall parking lot light poles (reduced from 25-ft) 2018 Commitments: 1. The Foundation will commit that it will not erect any new buildings on that portion of the 9-acre parcel to the north which lies north & west of the south boundary line of the pipeline easement that runs northeast through that 9-acre parcel. 5 2. The Foundation will prepare and file an application to allow for a special use, place of worship, on the 9-acre parcel to the north, subject to the commitment concerning the building restrictions applicable to the NW corner of the 9-acre tract. 3. As a part of the special use application for the 9-acre tract, the Foundation will prepare and submit a revised site plan to the Planning Dept. and to the BZA, which will relocate the parking west of the drive on the west side of the 5-acre tract onto the 9-acre tract, south and east of the pipeline easement. 4. If required by the BZA or requested by the Planning Dept., the fence along the west property line of the 5- acre tract will be increased from 6’ up to 8’. 5. The Foundation will plant the bufferyard area west of the west drive and install the fence along the west property line prior to the construction of any improvements, but not later than the fall of 2019. Comprehensive Plan & Land Use Compatibility: The Comprehensive Plan is a guide for development and growth within the city. The Land Classification Plan Map suggests that mostly Estate Residential land uses exist in the northwest quadrant of Carmel. However, Part 3 of the Comprehensive Plan contains a section about appropriate adjacent land uses. A place of worship is considered an Institutional Use. That use is listed as a conditional fit, when placed next to Suburban and Estate Residential Uses (which surround the site). The Comp Plan recommends that Institutional Uses be installed with sensitivity next to Residential. A few ways that this project will be installed with sensitivity next to the adjacent existing residential uses is with ample landscaping and bufferyards, down-lighting in the parking lot areas with no light spillage or glare, shifting the parking east, and placing the building on the east half of the site closer to the major roads, as well as keeping within the required building height. A few ways that the Petitioner improved the site plan since the very first public hearing meeting was to shift the parking lot, lights, and trash dumpster more to the eastern portion of the site, have the HVAC units and mechanical equipment located away from the homes, and has since erected a privacy fence and landscaping along their west property line (southern parcel). Special Use Procedure: Unified Development Ordinance (UDO) article 9.09 lists out procedures for Special Uses. Special Uses shall generally be considered favorably by the Board of Zoning Appeals. 25 items are listed out as criteria for basis of the Board’s Review. And, five determining factors are listed out as a basis for the Board’s Approval or Rejection, and this is also referred to as the Findings of Fact. They are listed below. Criteria for Basis of Board’s 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 Perimeter 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 & supervisory personnel, in respect to a private recreational development/facility. (doesn’t apply) 1 Determining Factors: 1. The particular physical suitability of the premises in question for the proposed Special Use. 2. The economic factors related to the proposed Special Use, such as cost/benefit to the community and its anticipated effect on surrounding property values. 3. 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. 4. The adequacy & availability of water, sewage and storm drainage facilities and police and fire protection. 5. The effects of the proposed Special Use on vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed. Technical Review: At the Nov. 20, 2019 Technical Advisory Committee meeting, the TAC members held preliminary discussions with the Petitioner about the technical aspects of the project and also requested the additional items they need from the Petitioner, for this special use amendment. There were no major concerns with the project proposal by TAC members. The Petitioner plans to submit a full set of construction plans to the TAC members for review and approval, if their special use amendment petition is first approved by the BZA. Also, the Petitioner plans to continue working with TAC members to address any outstanding review comments. Planning/Zoning Dept. Closing Comment: The Petitioner addressed all major staff comments and concerns and continues to work with TAC members to address outstanding technical comments about the project. The Planning Department is supportive of this Special Use Amendment request, as it preserves most of the open space / residential condition on the northern parcel and also shifts parking spaces away from the nearest neighbors. The Petitioner seeks approval for the land use, first, and will then submit a full set of construction plans to the Technical Advisory Committee for final reviews/approvals (if approved by the BZA). The Planning Dept. is supportive of this as a condition of approval. Petitioner’s Findings of Fact: Please refer to the Petitioner’s Findings of Fact included in their packet. Recommendation: After all comments and concerns have been addressed, the Dept. of Community Services recommends favorable consideration of Docket No. 19090001 SU, with the condition that the Petitioner submits a full set of construction plans to the Carmel Technical Advisory Committee for final reviews/approvals.