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HomeMy WebLinkAboutMinutes BZA 02-28-22 Ai OF CA G6y T� ./ .t.. , � o arme:_ City,,,,, ,MD I ANC Carmel Board of Zoning Appeals Regular Meeting Minutes Monday,February 28,2022 Location: Cannel City Hall Council Chambers,2nd Flr., 1 Civic Sq.,Cannel,IN 46032 Members Present: Alan Potasnik(President),James Hawkins(Vice President),Brad Grabow,Leo Dierckman,Kent Broach DOCS Staff Present: Angie Conn—Planning Administrator;Joe Shestak-BZA Secretary;Mike Hollibaugh—Director of DOCS Legal Counsel: Sergey Grechukhin,Alan Townsend Time of Meeting: 6:00 PM Approval of Minutes of Previous Meeting: A Motion made by Grabow and seconded by Hawkins to approve the Jan.24,2022,BZA meeting minutes.Approved 5-0. Reports,Announcements,Legal Counsel Report,and Department Concerns:Angie Conn: 1. BZA Rules of Procedure suspension request regarding public notice mailings: Notices of public hearing for the VOWC Gas Station Appeal were mailed out by the Petitioner via regular mail 21 days prior to the meeting(when Certificate of Mailing is required),and then they were mailed out again via Certificate of Mailing but that was done 10 days prior(State Statues)to the meeting instead of the required 21 days prior. A Motion made by Grabow and seconded by Hawkins to suspend the Rules of Procedure in order to hear Docket No. PZ- 2022-00002 A at tonight's meeting. Approved 4-1,Dierckman. Public Hearings: IAlan:Explained the Rules of Procedure in regarding a public hearing in front of the Cannel BZA 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 Cannel 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. Petitioner: Tom Hutson,Brenwick TND Communities LLC • The issue here isn't if gasoline sales are a good idea or bad idea for this location,but does the Director of DOCS have the authority to issue the determination letter which acts as an amendment of the VOWC Ordinance • This attempt clearly violates Section 2.2 of the WestClay Ordinance in that it purports to regulate development in the VOWC district by reference to requirements not set forth in the VOWC Ordinance • Section 2.2 states development in the VOWC shall be governed entirely by the provisions of its Ordinance • The Director claims the VOWC Ordinance is silent as to use-specific setback requirements for gas stations. However,section 15.8.1 establishes area and bulk regulations, including setbacks,with respect to all permitted commercial uses in the Peripheral Retail Area,which include gasoline sales. • Gasoline sales has been an authorized use in our PUD Ordinance since 1999 • We followed the same procedures as we did with any other of our commercial building proposals for the VOWC. • The gas station proposal was approved by the VOWC Architecture Review Board • When we drafted our Ordinance in 1999,we did not see this • The VOWC residents asked the City Council to amend our PUD Ordinance in a way they think it should be • We know about the health and safety issues from benzene,and we are committed to install the top of line,high technology benzene recovery system • With all of our developments,we are always up front with the City and the public Gordon Clark,Project Architect • With me tonight are Mike&Paul Singh of Indy Holdings,LLC • The property owners are willing to make the needed advancements and commitments for petroleum sales BZA Meeting Minutes 2-28-22 1 • I have studied and learned about the complexity of petroleum deliveries • Gasoline stations present a certain number of problems,but they are not the worst thing. The most dangerous area to get exposed to benzene, is living in a house with an attached garage.Benzene is present in furniture, carpets, glues,and cigarette smoke • A lot of misinformation has been shared about the site of our proposed gas station.Family Express had a previous approval for a gas station and car wash. Our current proposal is not going to be a large Speedway gas station with 8-12 pumps. It will only have 4 pumps with no car wash. • We are willing to build a state-of-the-art gas station,and adhere to the State of California standards,which has the highest gas station regulations in the country and exceeds the State of Indiana regulations for gas sales • The Clean Air Act of 1990 was passed to require cars starting in 2000 to have onboard vapor recovery systems. This has completely changed the amount of vapor around gas stations. This has eliminated the need for gas station recovery regulations at the pump. • Your own vehicle has its own recovery system that does 99.5%of the work • We received our contract in June 2021,and we did not hear anything about a 500-ft setback until Dec.9,2021 • We have produced an entire set of finished architectural plans,applied for TAC,and paid all City filing fees Response to Petitioner: Michael Hollibaugh,Director of Department of Community Services: • I agree with Mr.Hutson about the question tonight isn't about the gas station design or about the recovery of benzene,but whether or not the Determination Letter was properly written and is it the correct decision • The City has been very supportive of the VOWC since the beginning of its development • The 1999 plan has changed over the years and the PUD Ordinance has been amended two different occasions • We have been trying to not get involved,but there has been past incidences were the City had to do a determination on an issue or disagreement between the residents. Past determinations were included in the packet. • Determination that is being heard tonight is not questioning if a gas station should be allowed or not. The Council amended the UDO that gives the City to fill in the blanks when the PUD is silent.We believe the VOWC PUD is silent in when it comes to locating gas pumps in yards. Angie Conn: Planning Administrator,Department of Community Services: • There are 10-ft setback standards for the Peripheral Retail Area(subject site)listed in the VOWC PUD.It is also stated where there are gasoline sales permitted,that pumps and light standards maybe located in any yard.There are no setbacks from residential use listed in the VOWC PUD for gas station pumps. So it is silent in what the actual setback is for gas pumps. • In 2013,a Zoning Ordinance Amendment was made,and it stated if a PUD Ordinance is silent,the Zoning Ordinance shall govern • In 2021,the 500-ft gas station setback standard was adopted in the UDO. Before that,there was a gas station setback standard of 80-ft from residential uses,and before that,there was a 30-ft standard setback. • A lot has changed since the original adoption of the 1999 VOWC PUD Ordinance. Ordinances were amended, development plans were amended,and the risks associated with benzene and gas stations were studied. Circumstances change,and issues evolve. • Planning Dept.recommends the BZA votes to deny the Appeal,and uphold the Director's Determination letter Public Comments: Kevin Koons,Kroger Gardis&Regas,LLP: Representing VOWC residents Cory&Jackie Phillips: • We are not questioning the permitted use,but whether or not the 500-ft setback applies to this particular parcel • The UDO shall govern in instances where the PUD Ordinance is silent • The subject site was amended to commercial use from a 2016 VOWC PUD amendment • What happens when a PUD gets adopted and it is not as detailed as the community would like?If there's silence on a particular instance,then we reference the UDO for that gap. Here the instance is how far back the gas pumps can be from a residentially zoned property. • Where in the VOWC PUD is the distance specified how far gas pumps are allowed from a residentially zoned property?The answer is it doesn't.It is silent on this,and the UDO applies that gap. • Section 14.4 of the VOWC PUD says that bike racks shall be provided,but it is silent in how many and where they need to be located. The City will reference the UDO to fill in that gap. • We would request the BZA to deny the Appeal and uphold the Director's decision BZA Meeting Minutes 2-28-22 2 Jackie Phillips,VOWC resident,Carmel Healthy Neighborhoods Alliance: • I've spent the last two years researching the effects of benzene • A gas station placed near residential areas would increase the chances of cancer for those residents • The original plans depicted a small gas station with 2-4 pumps • The lack of a gas station is not going to prevent the overall developer's vision for the VOWC • The science behind the effects of benzene has advanced in the last 22 years,and the reevaluation of the land use in this area has changed • A survey showed that over 1,000 VOWC residents oppose this gas station • We would request the BZA to deny the Appeal and uphold the Director's decision Rebuttal to Public Comments: Tom Hutson • We are willing to compromise and work with the City of Carmel • We are willing to spend the money for the technology to capture 99%of vapors • We wanted to model this area of the VOWC off the neighborhood retail areas in Indianapolis at 49th Street and Pennsylvania Street,and 56th Street and Illinois Street.Theses commercial nodes contain gas stations. • We think this gas station would be an essential neighborhood amenity • We don't think it's proper for the Director to impose and govern on the new development standards of VOWC Board Comments: Leo: Page 2 of your remonstrance attorney packet,is the highlighted language from the original PUD?Kevin Koons: That is currently in the UDO,and not in the VOWC PUD.Alan Townsend,Counsel for DOCS: Section 2.2 of the VOWC PUD states the Development in the District shall be governed entirely of the PUD,with the exception that provisions of the Subdivision Control Ordinance,the Zoning Ordinance,and the Sign Ordinance specifically referenced within this Ordinance.Leo: I was a member of the Plan Commission when the VOWC was reviewed and approved in 1999. The Plan Commission members knew there would be gaps.You cannot cover every aspect of development within a PUD. The UDO is the governing document.Circumstances change over time.People's belief in what is acceptable and Iwhat is not acceptable changes over time.The Director's Determination is exactly what the UDO is referencing. A Motion made by Dierckman and seconded by Hawkins to uphold the Determination Letter of the Director of DOCS and the adoption of the Findings of Fact on Docket No. PZ-2022-00002 A. Approved 5-0. Meet'1 1,,'i o rned at 7:03 p.m. 4 ire N1901 'an ' etas ik—President J Shestak—Recording Secretary I BZA Meeting Minutes 2-28-22 3