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HomeMy WebLinkAboutPacket for BZA 05-26-20Paul G. Reis, Esq. CARMEL BOARD OF ZONING APPEALS Carmel, Indiana May 26, 2020 Docket Numbers 20020006 UV & 20020007 V, 20020008 V, 20020009 V, 20020010 V Commercial Landscape Business Expansion 4317 East 146th Street Carmel Board of Zoning Appeals Docket Nos. 20020006 UV & 20020007 V, 20020008 V, 20020009 V, 20020010 V Commercial Landscape Business Expansion INFORMATION BOOKLET TABLE OF CONTENTS 1. Findings of Fact Ballot Sheet – 20020006 UV, Commercial Landscape Business Expansion Proposed Findings of Fact Findings of Fact Ballot Sheet – 20020007 V, East Perimeter Buffer Yard Proposed Findings of Fact Findings of Fact Ballot Sheet – 20020008 V, Paved/Curbed Parking Lots, Drive Aisles Proposed Findings of Fact Findings of Fact Ballot Sheet – 20020009 V, Transportation Plan Compliance/Right-of-Way Proposed Findings of Fact Findings of Fact Ballot Sheet – 20020010 V, Existing Ground Sign, Setback Proposed Findings of Fact 2. Description of Use Variance Amendment 3. Statement of Variances 4. Statement in Support of Variances 5. Location Map 6. Site Plan 7. Landscape Plan – East Buffer Yard 8. Proposed Building Elevations Page 4 of 5 CARMEL ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 20020006 UV Petitioner: Salsbery Brothers Landscaping, Inc. Variance: Use variance amendment, Non-permitted use, Commercial landscape business expansion FINDINGS OF FACT – USE VARIANCE (Ballot Sheet) 1. ________________________________________________________________________________________ ________________________________________________________________________________________ 2. ________________________________________________________________________________________ ________________________________________________________________________________________ 3. ________________________________________________________________________________________ ________________________________________________________________________________________ 4. ________________________________________________________________________________________ ________________________________________________________________________________________ 5. ________________________________________________________________________________________ ________________________________________________________________________________________ _ DATED THIS DAY OF , 20 . ________________________________________________ Board Member Page 5 of 5 CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: _20020006 UV_ Petitioner: _Salsbery Brothers Landscaping, Inc._ Variance: _ Use variance amendment, Non-permitted use, Commercial landscape business expansion _ FINDINGS OF FACT – USE VARIANCE 1. The approval of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: The existing approved use for this site includes a building that needs to be replaced and enlarged in support of the permitted business, to not replace the building would be detrimental to the continuing success of the business, and there will be no increased impact to adjacent property. 2. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The proposed replacement building will be constructed in the same location on the grounds of the business, the impact of which will likely go unnoticed by neighbors, and there will be no increased impact to adjacent property. 3. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: Other than the enlargement of an existing building footprint, the impact of site use at the approved business will not be increased, and, therefore, will not adversely impact area property values. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The existing use is an approved use for this site and pre-dates (late 1980s) much of the other development in the general area, an existing building needs to be replaced with a larger building in support of continuing success of the business, and there will be no increased impact to adjacent property. 5. The approval of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: It represents a reasonable continuation of a long-established, existing approved use, whose impact on property adjacent to the site will not be increased. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Use Variance Docket No. 20020006 UV is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this _______________ day of , 20 . _____________________________________________ _____________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals _____________________________________________ _____________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 4 of 7 CARMEL BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 20020007 V Petitioner: Salsbery Brothers Landscaping, Inc. Variance: 30-ft wide East perimeter buffer yard required, 15-ft requested (east) FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. ________________________________________________________________________________________ ________________________________________________________________________________________ 2. ________________________________________________________________________________________ ________________________________________________________________________________________ 3. ________________________________________________________________________________________ ________________________________________________________________________________________ DATED THIS DAY OF , 20____. ________________________________________________ Board Member Page 5 of 7 CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 20020007 V Petitioner: Salsbery Brothers Landscaping, Inc. Variance: 30-ft wide East perimeter buffer yard required, 15-ft requested (east) FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The adjacent property to the east is a vacant, overgrown, nearly 14-acre site with an abandoned dwelling, there are no other residential dwellings proximate to the propose building site that will benefit from required buffering, the proposed building is far removed (south) from East 146th Street and approval of the variance will not adversely impact existing, adjacent uses. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The proposed building will be located over the existing building footprint, and its increased mass will not adversely impact any existing, adjacent dwellings or other uses. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The new building is required for continued successful business operations of the approved use and a full- width perimeter buffer yard on the east property line would adversely impact and restrict efficient vehicular mobility on the site. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 20020007 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this _______________ day of , 20 . _____________________________________________ _____________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals _____________________________________________ _____________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 6 of 7 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 20020008 V Petitioner: Salsbery Brothers Landscaping, Inc. Variance: Paved/curbed parking lots required, No curbs in drive aisles requested FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. ________________________________________________________________________________________ ________________________________________________________________________________________ 2. ________________________________________________________________________________________ ________________________________________________________________________________________ 3. ________________________________________________________________________________________ ________________________________________________________________________________________ DATED THIS DAY OF , 20___. ________________________________________________ Board Member Page 7 of 7 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 20020008 V Petitioner: Salsbery Brothers Landscaping, Inc. Variance: Paved/curbed parking lots required, No curbs in drive aisles requested FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: Most of the site is currently unpaved and pervious, which minimizes storm water runoff to areas beyond the site. Installing curbs around the existing parking areas and along planned drive aisles would collect and funnel storm water to concentrated release points where increased runoff quantity and flow rates would reduce absorption into the ground. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: Much of this site is covered with pervious surfaces, and storm water currently slowly sheet-flows across the gently-sloped site, allowing for absorption into the ground across the site, and the property owner will work with City Engineering to address storm water control design for the site. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: In addition to negatively impacting absorption of storm water across the largely-pervious site, curbs would pose restrictions to vehicular maneuverability across the site hindering efficient and effective movement of landscape materials to, around and from the site. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 20020008 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this _______________ day of , 20 . _____________________________________________ _____________________________________________ CHAIRPERSON, Carmel/Clay Board of Zoning Appeals _____________________________________________ _____________________________________________ SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 4 of 7 CARMEL BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 20020009 V Petitioner: Salsbery Brothers Landscaping, Inc. Variance: Transportation Plan Compliance, 60-ft half right of way required, Keep existing 50-ft half requested FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. ________________________________________________________________________________________ ________________________________________________________________________________________ 2. ________________________________________________________________________________________ ________________________________________________________________________________________ 3. ________________________________________________________________________________________ ________________________________________________________________________________________ _ DATED THIS DAY OF , 20____. ________________________________________________ Board Member Page 5 of 7 CARMEL BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 20020009 V Petitioner: Salsbery Brothers Landscaping, Inc. Variance: Transportation Plan Compliance, 60-ft half right of way required, Keep existing 50-ft half requested FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The East 146th Street, a Hamilton County facility, was reconstructed in 2001, at which time the requisite additional right-of-way to construct the current cross-section was acquired. The Hamilton County recommended right-of-way for 146th Street is 150’, but the plan is notated with language stating that the right-of-way “may be reduced in an urban context”, which describes how the area around the site has developed over time. Hamilton County holds jurisdiction over 146th Street. (Carmel’s Thoroughfare Plan recommends a right-of-way width for 146th Street of 120’ (60’ half).) 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The 146th Street was reconstructed in 2001, at which time the requisite additional right-of-way throughout the project area was acquired from all abutting real estate owners to construct the current cross-section. No road construction project proximate to the site is contemplated by the County, so the status quo is maintained for all property owners. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The there are no County plans to further widen 146th Street in this area, and practical difficulties in setbacks for an existing sign and existing building would result if additional right-of-way were to be required. Requiring additional right-of-way at this location, at this time and in the absence of a road construction project would unnecessarily disrupt business operations. DECISION IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 20020009 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this _______________ day of , 20 . _____________________________________________ _____________________________________________ CHAIRPERSON, Carmel Board of Zoning Appeals _____________________________________________ _____________________________________________ SECRETARY, Carmel Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 6 of 7 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS Carmel, Indiana Docket No.: 20020010 V Petitioner: Salsbery Brothers Landscaping, Inc. Variance: Existing Ground Sign, ≥ 5-ft setback from street right of way required, < 5-ft requested FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE (Ballot Sheet) 1. ________________________________________________________________________________________ ________________________________________________________________________________________ 2. ________________________________________________________________________________________ ________________________________________________________________________________________ 3. ________________________________________________________________________________________ ________________________________________________________________________________________ DATED THIS DAY OF , 20___. ________________________________________________ Board Member Page 7 of 7 CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 20020010 V Petitioner: Salsbery Brothers Landscaping, Inc. Variance: Existing Ground Sign, ≥ 5-ft setback from street right of way required, < 5-ft requested FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The existing sign was placed after the reconstruction of 146th Street and the establishment of the current right-of-way for that reconstruction. (This variance becomes unnecessary if additional right-of-way is not required to be dedicated.) 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The sign location will not be shifted closer to the drive lanes of 146th Street or the vision clearance triangle at the business driveway intersection with 146th Street. The current sign location does not impede pass-by or site traffic. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The sign is currently zoning compliant (based on existing right-of-way) and may need to be relocated, an unnecessary business expense, if additional right-of-way dedication is required. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. 20020010 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this _______________ day of , 20 . _____________________________________________ _____________________________________________ CHAIRPERSON, Carmel/Clay Board of Zoning Appeals _____________________________________________ _____________________________________________ SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Description of Use Variance Amendment Salsbery Brothers Landscaping, Inc. is seeking a Use Variance Amendment to replace an existing principal building on its East 146th Street site with a new, larger principal building in the same general location, expanding on the existing building footprint. The existing building is located approximately 630’ south of East 146th Street and approximately 300’ north of the south parcel/lot line and is visible on the 1974 aerial photographs on Hamilton County GIS. The Use Variance Amendment application is accompanied by four Development Standards Variance requests: one to reduce the east side yard buffer from 30’ (required) to 15’; another to not require curbs in the drive aisles on the site; a third to keep the existing 50’ half right-of-way for 146th Street; and one to require less than five feet for the sign setback for the existing sign. Landscaping for the east buffer yard is proposed to be phased in, with the south section being established along with construction of the new building. The exact timing for phasing in the north section will be determined in consultation with Carmel’s urban forester and planners. Much of the north section consists of aggregate fill, up to a depth of 4’-5’, which is an inhospitable landscaping environment. The petitioner is exploring options with the urban forester, including committing to establishing the buffer yard plantings on the adjacent property with the owner’s consent, and hopes to present a landscape design resolution to the Board. The elimination of curbs on the site serves two purposes: it allows for easier maneuverability on the site by the many business truck/trailer combinations that are required for serving customers; and it maintains the existing broad distribution of stormwater to take advantage of site percolation in the unpaved areas of the site. This would also maintain maximum maneuverability for emergency vehicles if they are called to the site. The existing right-of-way was established by Hamilton County Highway Department when it constructed the current cross-section of East 146th Street. The County acquired sufficient right- of-way at that time for its design needs for the thoroughfare. The existing right-of-way line is approximately 12-13 feet from the front of the “office” building. Expanding the half right-of-way to 60’ would place the new south right-of-way line within in a couple of feet of the nearest façade of the office building. The existing sign, which will remain in place, was relocated in conjunction with Hamilton County’s construction and widening of East 146th Street around 2001/2002. No new signs are proposed with this request. Please note, though, that if the Board of Zoning Appeals approves the right-of-way variance (20020009 V), then the fourth variance (20020010 V) for the sign setback becomes unnecessary and can be withdrawn. The existing building and the proposed replacement building represent principal buildings on the site along with those buildings identified as “office” and “storage.” Development standards for a principal building, rather than an accessory building, apply to this building. Dumpsters are located near the center of the south half of the site in the area identified on the site plan as “solid waste disposal pad.” This location is the most functional location for site operations and is well-removed from the east, south and west property lines. New lighting associated with the new building is limited to security lighting above the overhead doors shown on the building elevations. Light fixture selection is to be determined and will be zoning compliant. Light fixture details will be provided to the Department of Community Services when construction permit applications are filed. Sufficient parking exists on the site to accommodate requirements for the proposed construction. For a “plant nursery”, the UDO requires one space/300 SF of building plus one space/acre. Thirty-five spaces are required under existing site development. Fifty-five spaces are required under proposed site development. Sixty-seven spaces exist on the site. Carmel Board of Zoning Appeals Docket Nos. 20020006 UV & 20020007 V, 20020008 V, 20020009 V, 20020010 V Commercial Landscape Business Expansion STATEMENT OF VARIANCES USE VARIANCE The proposed construction of a new building and demolition of an old building on the site presents a change to the approved plans under the existing use variance approval. This change requires review and approval (amendment) of the existing use variance. DEVELOPMENT STANDARDS VARIANCES East Perimeter Buffer Yard This request is to provide a 15-foot side yard buffer (30 feet required) along the east property line in order to maintain vehicle maneuverability around the site, buildings and landscape stock. Paved/Curbed Parking Lots, Drive Aisles This request is to continue to site development without curbed parking areas and drive aisles. Transportation Plan Compliance/Right-of-Way This request is to maintain the existing right-of-way along East 146th Street, where thoroughfare improvements were constructed in 2001 with adequate right-of-way width that maintained a safe setback for an existing site building. Existing Ground Sign, Setback If the previous (right-of-way) variance is approved, then this variance will not be necessary. Conversely, if the previous variance is denied, then this variance will accommodate the existing sign location. Carmel Board of Zoning Appeals Docket Nos. 20020006 UV & 20020007 V, 20020008 V, 20020009 V, 20020010 V Commercial Landscape Business Expansion STATEMENT IN SUPPORT OF VARIANCES USE VARIANCE The existing use is accommodated by an approved use variance. The proposed replacement building will be constructed over an existing building footprint and is necessary to support the continuing success of the business. The replacement building will generally be unnoticed by neighbors due to its interior location on the site, and it will not negatively impact area property values. DEVELOPMENT STANDARDS VARIANCES East Perimeter Buffer Yard Site impact of the enlarged building is minimal while there is no increased impact in the use of the site. The adjacent property to the east is a vacant, overgrown, nearly 14-acre site with an abandoned dwelling. The area of site impact is minimal, and its location is far removed from 146th Street and adjoining uses. A wider landscape buffer yard along the east property line would adversely impact and restrict efficient vehicular mobility on the site. A 15-foot side yard landscape buffer along the east property line is sufficient to address compatibility between the adjacent uses. Paved/Curbed Parking Lots, Drive Aisles Much of this site is covered with pervious surfaces, and storm water currently slowly sheet- flows across the gently-sloped site, allowing for absorption into the ground across the site. Installing curbs around the existing parking areas and along planned drive aisles would collect and funnel storm water to concentrated release points where increased runoff quantity and flow rates would reduce absorption into the ground. Curbs would Transportation Plan Compliance/Right-of-Way Hamilton County constructed the current cross-section of East 146th Street in 2001, and, in order to do that, purchased adequate right-of-way width for that project that also maintained a safe setback for an existing site building. Requiring additional right-of-way at this location, at this time and in the absence of a road construction project would unnecessarily disrupt business operations. Existing Ground Sign, Setback If the previous (right-of-way) variance is approved, then this variance will not be necessary. Conversely, if the previous variance is denied, then this variance, if approved, will accommodate the existing sign location. Hamilton County, which controls 146th Street, has no construction plans for this section of East 146th Street. KD_10720532.1 4305 & 4317 East 146th Street Parcels February 3, 2020 0 0.08 0.160.04 mi 0 0.1 0.20.05 km 1:4,800 Hamilton County compiled this map. Although strict accuracy standards have been employed, Hamilton County does not warrant or guarantee the accuracy of the information contained herein and disclaims any and all liability resulting from any error or omission.Author: Hamilton County DECIDUOUS TREEPLANTING DETAILRemove trunk wrapif necessary.Remove all wire baskets,twine and burlap.Before tree is in the hole,remove bottom of basketcutting horizontally.After tree is in the hole,remove rest of basketcutting vertically.Backfill using existing soil.Water thoroughly toeliminate air pockets.Add 1-2 inches ofhardwood mulch.Keep mulch 3 inchesfrom trunk.Remove tags andlabels.Prune only dead orbroken branches ordouble leaders.Stake treeif necessary.Remove excess soilto locate and exposeroot flare.Root flare should be1-2 inches abovefinish grade.Finish grade.LEAVE SOIL UNDER ROOT BALLUNDISTURBED TO HELP SUPPORT ITAND REDUCE SETTLING.1 1/2 - 2 TIMES BALL DIAMETERSHRUBPLANTING DETAILRemove any containeror twine and burlap.Backfill using existing soil.Water thoroughly toeliminate air pockets.Add 1-2 inches ofhardwood mulch.Keep mulch 3 inchesfrom trunk.Remove tags andlabels.Prune only dead orbroken branches ordouble leaders.Remove excess soilto locate and exposeroot flare.Root flare should be1-2 inches abovefinish grade.Finish grade.LEAVE SOIL UNDER ROOT BALLUNDISTURBED TO HELP SUPPORT ITAND REDUCE SETTLING.1 1/2 - 2 TIMES BALL DIAMETER