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HomeMy WebLinkAboutDepartment Report 05-26-20 19 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT TUESDAY, MAY 26, 2020 (UV, V) Salsbery Brothers Landscaping Inc., Amendment. The applicant seeks the following use variance & variance approvals for a new pole barn: 12. Docket No. 20020006 UV UDO Section 2.09 Non-permitted use, commercial landscape business expansion. 13. Docket No. 20020007 V UDO Section 5.19.F 30-ft wide East perimeter bufferyard required, 15-ft requested. 14. Docket No. 20020008 V UDO Section 5.28.E Paved/curbed parking lots required, No curbs in drive aisles requested. 15. Docket No. 20020009 V UDO Section 1.07 Transportation Plan Compliance, 60-ft half right of way required, Keep existing 50-ft half requested. 16. Docket No. 20020010 V UDO Section 5.39.H Existing Ground Sign, ≥ 5-ft setback from street right of way required, < 5-ft requested. The 10-acre site is located at 4317 E. 146th St. and is zoned R1/Residential. Filed by Paul Reis & Kevin Buchheit of Krieg DeVault LLP on behalf of Salsbery Brothers Landscaping Inc. General Info & Analysis: The Petitioner seeks use variance & development standards variance approvals related to expanding the current business by demolishing the existing pole barn and adding a new, larger pole barn to the site. This expansion of floor area triggers the requirement for BZA Use Variance Amendment approval, as well as complying with today’s standards, hence the need for a few additional development standards variances, too. The first variance is asking to reduce the Eastside yard buffer from 30 feet down to 15 feet. The other variance request is to not require curbs in the drive aisles on the site. The third variance request is to keep the existing 50-foot half right of way for 146 St. And the last variance request is to allow less than a 5-foot setback for the existing ground sign (this variance is not needed if the variance for keeping the existing street right of way width as is, is granted). The surrounding land uses are single family detached homes to the north, south, and west, and R1/Residence zoned vacant land to the east. Please see the Petitioner’s informational packet for more detail on the use variance and variance requests. Project Proposal: The replacement pole barn (work shop building) will be located approximately 620 feet south of 146th Street, 280 feet north of the south property line, and 44 feet west of the east property line. (For reference, a football field length is approximately 360 feet.) The main portion of the pole barn will be 60’ x 120’ in area. With the additional flanking areas, the pole barn area will be around a total of 11,570 sq. ft. To the roof peak it will be about 26-ft tall. The siding of the pole barn will be steel. The proposed colors are white and green. Use Variance and Variances: Use Variance: The Petitioner seeks approval of the expansion of a commercial landscape business land use that was permitted by a prior use variance approval. In the R1/Residence zoning district, the current use would be a non-permitted use, had the site not had prior BZA approvals in 1984, 1993, and 2009 with BZA docket nos. 09090001 UV, V-9-93 and UV-3-93, and V-4-84. East Bufferyard: A 30-ft wide east perimeter side bufferyard is required when a commercial use is adjacent to single family residential zoned land, and a 15-ft width is requested. Currently, the parcel of land to the east is vacant. The south half/section of the east bufferyard area will be planted/established now, along with construction of the new building. However, much of the north half/section of the east bufferyard area consists of aggregate fill which is not 20 hospitable for plants and landscaping. The Petitioner is exploring options with the City Forester, including committing to establishing the buffer yard plantings on the adjacent east property (with the owner’s consent) and hopes to present a landscape design solution to the Board. Per the Petitioner, the landscaping required along the north half/portion of the east bufferyard will be phased in, to coincide with the development of the east adjoining vacant parcel. The exact timing for phasing in the north section will be determined in consultation with the City Forester and Planning Dept. A “plant by” date should be agreed to, however, or, a commitment to plant within 5 to 10 years, just so that the commitment to plant does not go into perpetuity. That commitment should be in the form of a recordable document. No Curbs: Paved/curbed parking lots are required, but no curbs in the drive aisles is requested. This will help with directing stormwater, and this part of the discussions the petitioner is having with the Carmel Engineering Department Regarding complying with the requirements for stormwater detention and storm water quality. 146th Street Right of Way: The UDO requires Transportation Plan Compliance, and a 60-ft half right of way for 146th Street is required (The County requires a 70-fott half right of way, based off their Thoroughfare Plan Map). The Petitioner asks to keep existing 50-ft half right of way, as is. The Hamilton County Highway Dept. manages 146th Street, and they are okay with this request. Existing Ground Sign Location: A greater than or equal to 5-ft setback from the street right of way required, and less than 5-ft is requested. If the variance for not having to dedicate additional street ROW is granted, then this variance request can be withdrawn, since the sign will comply. Technical Review: The Petitioner appeared at the March 18 Technical Advisory Committee (TAC) meeting. There are close to 28 members, representing city and county agencies, utility companies, etc. Items reviewed for this project ranged from utilities, drainage/engineering, signage, architecture, landscaping, lighting, life/safety issues, traffic, and much more. The Petitioner continues to work with each TAC Member to address outstanding review comments. Comprehensive Plan: The Comprehensive Plan is a guide for growth for the City. The Comp Plan’s Land Classification Plan Map shows the immediate area as suggesting Suburban Residential uses as a guide for growth, and it also shows the swath of land along 146th Street as an area for special study, acknowledging the fact that it is a highly traveled corridor that might not be suitable for single family detached homes. It is important to note that the Comp. Plan contains an Appropriate Adjacent Land Classifications Table, which shows the Best fit vs. Conditional Fit land uses. “B” stands for Best Fit and “C” stands for Conditional Fit, meaning it is appropriate when the more intense development is installed with sensitivity to the adjacent residential land classification. The Dept. thinks that this new pole barn can be installed with sensitivity adjacent to Suburban Residential land uses. By using setbacks and landscaping, the proposed expanded use can fit into the context of the neighborhood. Planning Staff’s Final Comments: The Petitioner will address all remaining review comments, and the Planning Dept. supports the use variance amendment and development standards variance requests. The Petitioner proposes creative ways to address landscaping bufferyards, as well as how to meet the City’s stormwater quality and stormwater detention requirements. The Petitioner continues to work with Technical Advisory Committee (TAC) Members to address remaining technical review comments about the project. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services (DOCS) recommends positive consideration of Docket Nos. 20020006 UV - 20020010 V, with the following conditions: 1. A commitment is recorded by the Petitioner regarding timing and location of landscaping installation for the north half/section of the east bufferyard area, and 2. The Petitioner addresses the TAC Members’ remaining review comments, before building permit submittal.