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HomeMy WebLinkAboutFindings of Fact_Signed FINDINGS OF FACT—ADMINISTRATIVE APPEAL Carmel Board of Zoning Appeals, Carmel, Indiana Docket No.: PZ-2022-00002 A Petitioners: Indy Holdings, LLC and Brenwick TND Communities, LLC This matter came for hearing before the Carmel Board of Zoning Appeals (the `Board") on February 28, 2022 on the petition of Indy Holdings, LLC and Brenwick TND Communities, LLC (collectively "Petitioner") to appeal the Carmel Department of Community Services ("DOCS") Director's Determination Letter from December 9, 2021 ("Determination Letter"). BACKGROUND On or about October 16, 2021, Petitioner submitted an application to DOCS for Technical Advisory Committee review ("TAC review") of a proposed gas station and convenience store to be located in the WestClay Village Planned Unit Development District (the "Project"). On December 9, 2021, the DOCS Director issued a Letter of Determination regarding the petition. Determination Letter informed Petitioner that Petitioner's previously submitted application for TAC review, along with any further review of the Project was cancelled because the Project, as presented, did not conform to Cannel's requirement for gas station pumps,pump islands and vent pipes to be set back at least 500 feet from residentially used property pursuant to Carmel Unified Development Ordinance ("UDO") Section 5.65. The DOCS Director reasoned that because the WestClay Village PUD District Ordinance, as amended ("PUD District Ordinance"), was silent regarding use-specific setbacks requirements for gas stations from residential uses,the UDO's use- specific gas station setback requirement of 500 feet applied to the Project pursuant to a fill-in provision of UDO Section 9.05(A)(4)(c). The DOCS Director concluded that the Project, as presented, could not be approved. Petitioner filed a timely appeal of the Determination Letter to the Cannel Board of Zoning Appeals(the"Board")pursuant to UDO Section 9.01(A).Petitioner has paid the required fee,filed the necessary documents,and demonstrated compliance with all public notice requirements in this matter for consideration by this Board. At the hearing Petitioner was represented by Mr. Tom Charles Huston and Mr. Gordon Clark. Several remonstrators appeared and spoke in support of upholding the Determination Letter and denying of the appeal. The Board also received more than one hundred(100)letters opposing the Project and/or in support of the Determination Letter. The Board now finds and concludes as follows: 1.The subject property and a proposed gas station is located at the intersection of Harleston Street and Towne Road in Cannel, IN. It is within the WestClay Village PUD. 2. The WestClay Village PUD was originally established in 1999 by the WestClay Village 1 PUD District Ordinance Z-330, and was subsequently amended and reinstated in 2005 by Ordinance Z-465-04. The PUD District Ordinance has been amended several times, with the last amendment being in 2016. 3. UDO Section 9.05(A)(4)(c)1 states: "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." 4. The PUD District Ordinance does not contain use-specific gas station setback requirements from residentially zoned or used land. 5. UDO Section 5.65 requires gas stations to be setback a minimum of 500 feet from residentially zoned or used property. It is undisputed by the Petitioner that the Project does not meet this set-back requirement. 6. In making its determination,the Board considered the following evidence: (a) Petitioner's appeal application and supporting documents, including notices, receipts, attachments,Memorandum in Response to the Director's Decision Letter, Exhibits, and site plans and diagrams; (b)Packet from the DOCS Director and DOCS Department Report; (c) Relevant portions of the City of Carmel Unified Development Ordinance; (d)PUD District Ordinance and its amendments; (e)Testimony and exhibits of Petitioner; (f) Packet,testimony, exhibits, and letters of remonstrators; 7. Evidence submitted prior to and presented at the hearing demonstrated that the PUD District Ordinance was silent regarding use-specific setbacks requirements for gas stations. When WestClay Village PUD was created, certain aspects of development within the WestClay Village PUD were not included in the PUD District Ordinance and were left to be governed by other regulatory documents and entities, as evidenced by Section 2.2 for example. As with any other PUD ordinance,the PUD District Ordinance is not the exclusive document that governs WestClay Village PUD; rather,the PUD District Ordinance is subject to provisions of the UDO upon which it is silent pursuant to UDO Section 9.05 (A)(4)(c).This gap filling provision was applied multiple times for individual developments within the WestClay PUD as referenced in the DOCS Packet. Further, not all aspects of development were contemplated by the PUD District Ordinance even within the exclusive areas of its governance,which led to its amendment on several occasions,the last time being 2016. Finally, the Board confirmed that it was impossible to contemplate and include all potentially applicable regulations during the PUD District Ordinance's drafting process and its adoption in 1999. 8. Due to PUD District Ordinance being silent regarding use-specific setbacks requirements for gas stations, UDO Section 9.05(A)(4)(c) applies and, in turn, the UDO's use- specific gas station setback requirement of 500 feet applies to the Project. Therefore, DOCS Director's determination was correct. 1 Prior to UDO adoption the rule was codified in Section 31.06.04,as amended,of Cannel Zoning Ordinance. 2 • • a 9. Any Findings of Fact that can be considered Conclusions of Law are deemed Conclusions of Law, and any Conclusions of Law that can be considered Findings of Fact are deemed Findings of Fact. DECISION It is therefore the decision of the Carmel Board of Zoning Appeals that Petitioner's appeal of the DOCS Director's L tt of Determination, Docket No. PZ-2022-00002 A, is DENIED. Adopte 25 day of April, 2022. CHAIRPERSON, Carmel"Board of Zoning Appeals •cam "' k SECRETAR Carmel Board of Zoning Appeals 3