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HomeMy WebLinkAboutMinutes BZA 10-28-19 (V)Napleton Kia of Carmel. The applicant seeks the following development standards variance approvals: 2. Docket No. 19090008 V UDO Section 5.39.H.2 Two signs allowed,Six Five requested. 3. Docket No. 19090009 V UDO Section 5.19.F.1 Reduced number of trees in west&south perimeter bufferyards. The site is located at approximately 4600 E. 96th St.(with access from Randall Dr.), in East 96th Street Auto Park Subdivision,Block A. The site is zoned B3/Business and SFHA/Special Flood Hazard Area. Filed by Jim Shinaver of Nelson&Frankenberger on behalf of Napleton of Carmel Imports,LLC dba Napleton Kia of Cannel. Petitioner:Jon Dobosiewicz: • Napleton appeared before the Board in June 2019 seeking approval of a CA,which was approved.Napleton also received DP/ADLS approvals from the Plan Commission in August 2019. • Tab 3 shows the site plan which was approved by the Plan Commission in August • Tab 5 depicts the detailed landscaping plan • The number of proposed signs we are requesting is 5 total signs.We are amending the petition to remove the 6th sign which is the ground sign. • The south elevation contains two signs;Napleton and KIA. The west elevation contains three signs;Napleton, KIA, and a smaller service sign. • The previously proposed ground sign was along 96th Street. We have withdrawn this ground sign and this was a compromise made with Staff. Public Comments: None Department Report: Angie Conn: • Since the release of the Department Report,the Petitioner has continued to work with Staff on the signage concerns.They have now proposed to remove the ground sign. • Along the easements,decorative shrubs and grasses will be planted instead of shade trees • Staff recommends positive consideration of both variances Board Comments: Leo: How many trees are not being put in? Jon Dobosiewicz: 20 trees.Leo: Can you provide the cost of 20 trees to the Parks Department so they can plant them elsewhere?Jon Dobosiewicz: The petitioner is proposing to plant the 20 trees at the off-site mitigation site at King of Glory on 106th&Keystone. Leo: I want a commitment of this. Brad: Would you confirm to your client that when the Plan Commission discussed no test drives along Randall Drive into the subdivision to the north,that also applies to test drives for service?Jon Dobosiewicz: We understand and will reiterate your statement to the client. Brad: Thank you. I continue to hear it from those neighbors.Leo: How do we enforce that? What are the ramifications if they continue? Brad: It becomes a Council issue. Alan: This is an issue that came up but sometimes these things get carried away. The Department has the right to enforce what the Petitioner has agreed to. A Motion made by Brad and seconded by James to approve Docket Nos. 19090008 V& 19090009 V with the Commitment to plant 20 trees at their off-site floodplain mitigation area. Approved 5-0 (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. Petitioner: Jesse Cupp,Overflow Church,Senior Pastor: • We are requesting a Special Use to host services. • Kevin O'Brien, is the building owner, stated support of this request in an email to Angie Conn. • Our church averages 80-85 people on a Sunday, including children. 60-65 are adults. Minutes Board of Zoning Appeals 10-28-19 4 • The parking lot has 46 spaces,and 4 handicap spots.There's also additional street parking. • We are looking to lease about 30%of the building. There's approximately 3400 sq. ft. • This building is 263' from the nearest house,that is behind the property to the north I • We have hired Quantum architecture help us get this building up to code per City standards • We have been asked to install a sidewalk along Association Court and connect to Bower Drive • We would like to extend the deadline to build the sidewalk to 1 year.This will help provide us some time to raise the funds for the cost of the sidewalk. • Staff has also requested us to provide landscaping updates.The building owner, in his letter,has already committed to working with the Urban Forrester and installing the landscaping to get it up-to-date per City standards. • We have also been asked to install a bike rack. The owner is working with the architecture to do so. • We will install a fence around the dumpster to meet City standards Public Comments: None Department Report: Angie Conn: • The B-3 zoning district requires Special Use approval for a Place of Worship land use • Petitioner has worked with the TAC members and continues to address their comments • Staff recommends approval of this Special Use request,with the condition that the Petitioner addresses all outstanding comments prior to receiving their certificate of occupancy • We ask that the property owner does not appeal his commercial property tax assessment. Churches are exempt,but this building is in a TIFF district and the City does not want to lose that revenue. • We ask for the commitment that the Petitioner will install a sidewalk within 1 year or pays into the Thoroughfare Fund. Board Comments: Alan: Does the sidewalk installation or contributed to the fund within 1 year not affect the release of their certificate of Itccupancy permit? Angie: No. rad: How many of these deficiencies of the property are appropriate to tie to conditions of approval verses which are simply code enforcement issues?Angie: The review process triggers us being able to bring this property into compliance. Brad: Is the tax assessment based on the user of the property or just the property? Angie: It wouldn't affect the assessment but we wanted to make sure. Leo: The BZA's decisions shouldn't have to be about money. John Molitor: That is correct. Leo: Should we vote on that? Can we exclude it? John Molitor: Whether this property is taxable or not, is determined on tax law. If the property owner is willing to make the commitment,then he can make that commitment. But it's not enforceable. Alan: If it's not in the motion,then that's the end of that. John Molitor: Yes James: How long is your lease? Jesse Cupp: We haven't signed a lease yet,but we are looking at 3 years. A Motion made by Leo and seconded by James to approve Docket No. 19090012 SU with the Conditions that sidewalks are installed within one year or contribute to the thoroughfare fund,and the Petitioner addresses all outstanding TAC items prior to receiving a certificate of occupancy. Approved 5-0 (V) Carmel Hotel and Office. The applicant seeks the following development standards variance approvals: 5. Docket No. 19090015 V UDO Section 2.40 Min.20' north side yard setback required for surface parking/building required,5' proposed in one area and 30' proposed in another. I 6. Docket No. 19090016 V UDO Section 5.07.D At least 2 primary buildings required for wide lot width covering at least 75% of the lot's width; 45% lot width coverage proposed. 7. Docket No. 19090017 V UDO Sections 2.40 and 5.19.F No parking lot setbacks/bufferyards along future shared property line between buildings. The 2.6-acre site is located at 12166 N. Meridian St. It is zoned MC/Meridian Corridor. Filed by Brad Schrage of American Structurepoint on behalf of Michael Garvey of Diversified Land Acquisitions,LLC. Minutes Board of Zoning Appeals 10-28-19 5