HomeMy WebLinkAboutDept Report 8-27-01
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Department Report
Board of Zoning Appeals
August 27, 2001
Page 13 of 14
3i. East 96th Street Auto Park, Lots 1,3 - Tom Wood Volkswagen (SU-75-01)
Petitioner seeks Special Use Amendment approval in order to establish an automobile
dealership. The site is located at 4610 East 96th Street. The site is zoned B-3/Business.
Filed by Lawrence E. Lawhead of Barnes & Thornburg for Tom Wood Nissan.
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as
amended does not apply and all prerequisites have been met by Petitioner.
2. The Special Use will be consistent with the Character and Permitted Land
Use of the zoning district and Carmel/Clay Comprehensive Plan:
The remainder of Lots 1 and 3 have previously been approved (Docket Nos. SU-
53-00 & SU-55-00) for use as automobile dealerships. The Comprehensive Plan
Land Use Map identifies this segment of the East 96th Street corridor as a High
Intensity Regional Commercial Employment Area. Substantial buffering was
provided during the initial Special Use consideration of this site and the Primary
Platting (Docket No. 102-00 PP) of the property.
3. The Special Use is physically suitable for the land in question:
The property is relatively level, without impediments to development. The
floodplain has been redrawn, making the property more suitable. The property
has direct access to East 96th Street, a Primary Arterial.
4. The Special Use will not injuriously or adversely affect the adjacent land or
property values:
The subject property has been zoned B-3/Business for more than twenty years.
Property values in the area should be protected by virtue of adequate landscape
screening and buffering.
5. The Special Use will not adversely affect vehicular or pedestrian traffic flow,
nor the adequate availability of water, sewage, or storm drainage facilities, or
police or fire protection:
Vehicular traffic flow for multiple automobile dealerships on the subject property
was addressed at the time of the Primary Plat petition and the original Special Use
petitions. Pedestrian traffic should not be adversely affected by the proposed
development. The adequate availability of water, sewage and storm drainage
should not be adversely affected by this project. Police and fire protection should
be adequate.
6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3
(1-25) as they relate to this Special Use, and does not find that those criteria
prevent the granting of the Special Use:
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Department Report
Board of Zoning Appeals
August 27, 2001
Page 14 of 14
The petitioner has provided sufficient evidence that the requirements of Section
21.3 will be met.
At the July 23. 2001. Public Hearing. the Board tabled this Item in order to allow
the Plan Commission Special Study Committee the opportunity to review the proiect.
The Special Study Committee tabled the Item at their August 7. 2001. meeting. The
Department has yet to receive a number of the exhibits requested by the committee at that
time. The Department recommends that this Item remain tabled until the Plan
Commission Special Study Committee has made its recommendation to the Board.
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