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HomeMy WebLinkAboutDepartment Report 02-28-225 of 9 CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING DEPARTMENT REPORT MONDAY, FEBRUARY 28, 2022 1. (A) Docket No. PZ-2022-00002 A: VOWC Gas Station Appeal. The applicant seeks to appeal the 12/9/21 Determination Letter written by the Carmel Dept. of Community Services Director. The site is located at 2425 Harleston St. (part of Block B in Village of WestClay subdivision Section 6003-B). It is zoned Village of WestClay PUD/Planned Unit Development. Filed by Brenwick TND Communities LLC and Indy Holdings LLC, applicants. General Info: The Department of Community Services Director issued a zoning determination letter on December 9, 2021 pertaining to the proposed Village of WestClay gas station and convenience store on 1.1 acres (Docket no. PZ- 2021-00201 TAC.) Per UDO Section 9.01 - Administrative Appeal Process, the Petitioner had 30 days to file an Appeal and that was accomplished. The appeal petition is before you this evening. The Determination specifically refers to two sections of the current version of the Unified Development Ordinance: UDO sections 5.65 and 9.05.A.4.C. The detailed language of those two sections is below: UDO Section 5.65 US-19: Automobile Service Station; Automobile Filling Station Use-Specific Standards. These Use-Specific Standards (US) apply to the following districts: A. Setback: 1. Principal Building: Per primary zoning district. 2. Pumps and Pump Islands: Minimum of five hundred (500) feet from residentially zoned or used property. May not be located within required yards. 3. Vent pipes for underground storage tanks: Minimum of five (500) hundred feet from residentially zoned or used property. May not be located within required yards. UDO Section 9.05.A.4.C: Planned Unit Development. Any portion of the Carmel Unified Development Ordinance may be referenced in the District Ordinance. However, the Unified Development Ordinance shall govern in instances where the PUD District Ordinance is silent. The letter was mainly written to answer a question not answered by the Village of WestClay PUD ordinance – what are the specific setbacks for gas station pumps? As proposed, the gas pumps will be located close to 67-ft from the south property line of the subject site, which abuts the senior living cottages. Please view the Petitioner’s Info Packet, as well as Dept. of Community Services’ Info Packet, for more detail and analysis. Zoning Research/History Timeline (Note: Underlined text below is hyperlinked to relevant documents in Laserfiche.) Introduction: The gas station is proposed to be located in Uptown Carmel, in the Peripheral Retail Area (PRA) of the Village of WestClay PUD (Planned Unit Development). The gas station pumps are proposed to be located around 67-ft north of the southern property line (where the senior living cottages are located.) Below is some history of relevant changes to the VOWC PUD and Zoning Ordinance, as well as a timeline of events. VOWC PUD: The original version of the Village of WestClay PUD Ordinance Z-330-99 was adopted on 1/4/1999. The primary plat was also approved in 1998 under PC docket no. 18-98 PP and 17-98 Z. The Village of WestClay PUD Ordinance (as amended) was adopted in 2005 by City Council (Ordinance Z- 465-04). The related Plan Commission docket nos. are 04060035 OA and 04060036 Z. The proposed layout of the PRA changed; also see the proposed site plan layout showing the initial proposed location of a gas 6 of 9 station/filling station (in the DOCS info packet), as well as the representative gas station/ filling station renderings. (See PUD Sections 2, 5.3, and 15.5, specifically, shown below, as well as other sections referenced below.) VOWC PUD Section 2: Applicability of Ordinance – states: Development in the District shall be governed entirely by the provisions of this Ordinance with the exception that provisions of the Subdivision Control Ordinance the Zoning Ordinance and the Sign Ordinance specifically referenced within this Ordinance and as in effect on the date hereof shall also apply. VOWC PUD Section 5.3.A (Permitted uses in the PRA): The following uses are permitted in the Peripheral Retail Area: A. The following commercial uses 1. financial institutions including drive thru teller service and exterior ATMs 2. restaurants or fast food operations including drive thru window service 3. grocery store including customary ancillary uses such as flower shop and bakery including drive thru window service 4. drug store including drive thru window service 5. the sale of gasoline and other petroleum products exclusive of liquefied petroleum gas and as an accessory use only, the polishing greasing washing or other cleaning servicing or repairing of motor vehicles provided such services are rendered within a fully enclosed service bay or shielded from view from adjacent properties. Automobile body repairs are not permitted 6. convenience store with or without gas sales VOWC PUD Section 15.8.1 - Commercial uses in the Peripheral Retail Area (Area and Bulk Regulations (for structures)): A. Lot area minimum of 5000 square feet B. Lot width at the build to line 50 feet C. Minimum lot depth 100 feet D. Yard dimensions Build to line:10 feet unless otherwise indicated on an approved final plat or in another recorded instrument Front: 10 feet Side: 10 feet Rear: 10 feet E. Maximum building height 40 feet F. On-site parking must comply with the requirements of Section 11 VOWC PUD Section 15.15 states: Where gasoline sales are permitted pumps and light standards may be located in any yard. VOWC PUD Sections 6 and 6.3 = Permitted accessory buildings and uses in the Peripheral Retail Area (Refer back to PUD Section 5.3 (shown in a few paragraphs above). VOWC PUD Section 8.5: Commercial uses may be mixed and integrated with dwellings and civic uses within the Village Center, Peripheral Retail Area and Primary Area (SH). 2006 PUD Amendments: VOWC Development Plan Amendment and a text amendment for the Peripheral Retail Area in the Village of WestClay PUD was approved in 2006. See PC docket no. 06060018 DP Amend and also City Council Resolution CC-09-18-0-03. 2013 Zoning Ordinance Amendment: A zoning ordinance amendment to Carmel/Clay Zoning Ordinance Chapter 31 was adopted in 2013. The Planned Unit Development wording/regulations changed, and it included adding this statement: “Any portion of the Carmel Subdivision Control or Zoning Ordinance may be referenced 7 of 9 in the District Ordinance. However, the Subdivision Control and/or Zoning Ordinance shall govern in instances where the PUD District Ordinance is silent.” (See City Council Ordinance Z-578-13 and Plan Commission docket no. 13010013 OA.) 2016 Rezone: A Rezone from the VOWC Primary Area (SH) (primarily senior housing) to the Peripheral Retail Area was adopted on 2/15/2016. Please see City council ordinance Z-608-16 and Plan Commission docket no. 15090010 OA. (The area rezoned is the subject site of the proposed gas station, along the south side of Harleston St., west of Towne Rd., and adjacent to and north of the senior living cottages. See DOCS Info Packet for graphic.) 2018 UDO Adoption: The Unified Development Ordinance (UDO) was adopted in January 2018, taking the place of the Carmel/Clay Zoning Ordinance and the Subdivision Control Ordinance. 2020 BZA Variances: In 2020, BZA variances related to the proposed VOWC gas station were filed by Brenwick, but then were withdrawn and never heard by the BZA. (This was around the same time that the August 25, 2020 email was written by Planning Administrator, Ms. Conn. The Petitioner planned to modify their concept site plan to comply with all development standards.) • Docket No. PZ-2020-00093 V VOWC PUD Section 8.11 Buildings in PRA shall be designed in conformance with the Peripheral Retail Area Design Guidelines, Deviation from guidelines requested. • Docket No. PZ-2020-00094 V VOWC PUD Section 15.8.1.D Required 10’ build-to line unless otherwise indicated on an approved final plat or in another recorded instrument, 118’ requested. • Docket No. PZ-2020-00095 V VOWC PUD Section 15.11 Accessory buildings may be located in the rear and side yards behind the rear facade of the principal structure, Accessory structure located in front of primary structure requested. • Docket No. PZ-2020-00096 V VOWC PUD Sections 16.17.A & 16.17.D.5 Stacking shall be confined to the sides and rear of the parcel, Stacking in front requested. Also, the minimum number of vehicle stacking spaces required for drive-thru lanes shall be 3 measured from the gas pump island, Request to include car parked at pump. 2021 UDO Ordinance Amendment regarding gas stations & 500-ft setback: See Plan Commission docket no. PZ-2021-00062 OA (Plan Commission favorable recommendation vote on 7/20/2021 & and City Council ordinance Z-669-21 adoption on 09/21/2021). The prior-required setback for certain zoning districts was 80-ft. 2021 Pending VOWC PUD Ordinance Amendment: City Council Ordinance Z-670-21 is still pending at City Council, and this Ordinance proposes to amend the WestClay Village Planned Unit Development District, as amended, to apply the 500-ft setback from residentially used property for gas station pumps, pump islands and vent pipes set forth in Ordinance Z-669-21 to the WestClay PUD district. The item was heard at 12/6/21 City Council meeting and then sent to their Land Use and Special Studies Committee, where it remains pending. (Also see PC Docket No. PZ- 2021-00191, initiated on 10/11/21 and City Council Resolution CC 11- 01-21-01 which instructed the Plan Commission to do initiate this PUD ordinance amendment petition.) 2021 TAC Application: The VOWC Gas Station TAC Application was filed/initiated on 10/16/21 for review of the project by the Technical Advisory Committee for compliance with technical aspects and compliance with development standards. (Docket no. PZ-2021-00201 TAC). The 1.1-acre site is located at the southwest corner of Harleston St. and Towne Rd. It is located within the Peripheral Retail Area of the Village of WestClay PUD. 2021 Determination Letter: The Director’s Determination Letter was issued on 12/09/2021, which halted the TAC review process. A part of this action was the fact that new information was brought to the Director’s attention regarding the environmental and health impacts of benzene and gas stations located close to residential 8 of 9 uses. (The letter can be viewed here: PZ-2022-00002 A). Also, UDO Sections 5.65 and 9.05.A.4.C are referenced in the Letter: UDO Section 5.65 US-19: Automobile Service Station; Automobile Filling Station Use-Specific Standards These Use-Specific Standards (US) apply to the following districts: A. Setback: 1. Principal Building: Per primary zoning district. 2. Pumps and Pump Islands: Minimum of five hundred (500) feet from residentially zoned or used property. May not be located within required yards. (Note: Before the 2021 Amendment for 500-ft setbacks, the Unified Development Ordinance (UDO) read: “b. Pumps and Pump Islands: Minimum eighty (80) feet from residentially zoned or used property. May not be located within required yards.” And, that was changed from 30-ft to 80-ft in 2018. Before that, the 2003 version of the Zoning Ordinance ZO section 25.19 read: “Pumps and Pump Islands. Minimum thirty (30) feet from residentially zoned or used property. May not be located within required yards.”) 3. Vent pipes for underground storage tanks: Minimum of five (500) hundred feet from residentially zoned or used property. May not be located within required yards. UDO Section 9.05.A.4.C: Planned Unit Development. Any portion of the Carmel Unified Development Ordinance may be referenced in the District Ordinance. However, the Unified Development Ordinance shall govern in instances where the PUD District Ordinance is silent. (This statement was adopted in 2013; see above for the 2013 Zoning Ordinance Amendment.) 2022 Appeal: The Petitioner filed the BZA Appeal Application on 01/05/2022, meeting the 30-day period to file an appeal to the Director’s Determination. (It is Docket No. PZ-2022-00002 A) Examples of Prior Director Determination Letters that were not appealed: • 2014-15 letter re: VOWC Chapel Square – special events use in Village of WestClay PUD (included in DOCS Info Packet). • 2014 letter re: VOWC maintenance barn, rebuild after fire, in Village of WestClay PUD (included in DOCS Info Packet). Examples of Prior Appeals to the BZA of Director Determination Letters: • Traditions on the Monon PUD – HOA Appeal: docket no. 11110010 A (Determination letter is included in DOCS Info Packet) • Traditions on the Monon PUD – Pulte Appeal: docket no. 11110011 A • Westmont PUD Appeal – docket no. 15110008 A • Lucas Estate Appeal – docket no. 17120006 A • Thornhurst appeal – docket no 11060001 A • 646 Johnson Drive appeal – docket no. 09020014 A Final DOCS Comment: A lot has changed since the original PUD for the Village of WestClay was adopted in 1999. Ordinances were amended, development plans were amended, and the risks associated with benzene and gas stations were studied. Circumstances change, and issues evolve. Determination letters written by the Director are not out of the ordinary and often are a necessity. In this instance, the Village of West Clay PUD was (and is) silent on the appropriate setbacks from residentially zoned or used property. As a result, the Director consulted the UDO for guidance or authority and determined that the proposed gas station and convenience store failed to comply with the required setbacks from residentially zoned or used property. 9 of 9 Findings of Fact: If the appeal is denied, the BZA attorney will write up the negative Findings of Facts. Recommendation: The Dept. of Community Services recommends the BZA votes to deny the appeal and to uphold the Director’s Determination, and with adoption of the findings of fact to be written up by the BZA attorney.