HomeMy WebLinkAboutWaiver Justification (Findings of Fact) 12-06-23
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December 6, 2023
City of Carmel Plan Commission
City Hall, One Civic Square
Carmel, IN 46032
RE: PZ-2023-00280-81 Fields Market Garden Design Standards Waivers
Dear City of Carmel Plan Commission Members:
Please accept this letter as a formal request for two (2) design standards waivers associated
with the Fields Market Garden project Docket #PZ 2023-00224 ADLS and 2023-00232-233V
located at 270 W. Smoky Row Road, Carmel, IN 46032.
Docket No: PZ-2023-00280
Petitioner: CrossRoad Engineers, PC
Unified Development Ordinance Section Varied From: 7.13.D
Brief Description of Waiver: The ordinance does not allow for parking facilities to be located
within floodway or floodplain limits. We are requesting to install a pervious material for
parking within the floodplain due to the floodplain constraints on the vast majority of the site.
1. The granting of the waiver will not be detrimental to public safety, health, welfare, or
otherwise be injurious to other property. This parking will be open to the public, and
the pervious product will help to maintain the natural infiltration present in the current
conditions.
2. The conditions upon which the request is based are unique to the property and are not
generally applicable to other property. The site is almost completely located within the
floodplain limits to the point where there isn’t a viable location onsite to include the
necessary parking outside of floodplain limits.
3. Because of unique circumstances, a particular hardship or practical difficulty would
result if the strict letter of these regulations is carried out. No onsite parking would be
viable on this site should the regulations be carried out.
4. The design waiver shall not in any manner subvert the provisions of Article 5:
Development Standards, the Carmel Clay Comprehensive Plan, particularly the Bike and
Pedestrian Plan. This waiver will not impact the proposed use of the property, and the
required bicycle parking spaces will be provided. The multi-use trail along the right-of-
way shall remain unaffected.
Docket No: PZ-2023-00281
Petitioner: CrossRoad Engineers, PC
Unified Development Ordinance Section Varied From: 7.10.F.3
Brief Description of Waiver: The ordinance requires that an easement be provided along the
floodway limits plus an additional 25 feet of buffer measured from the floodway limits. We are
requesting that no water quality preservation easement be required for this site.
Fields Market Garden – Waiver Requests Findings of Fact // PAGE 2 of 2
1. The granting of the waiver will not be detrimental to public safety, health, welfare, or
otherwise be injurious to other property. All areas that would have been required to fall
within easement area will be pervious and/or planting beds. The entire development is
based on green low impact development, and we believe the site meets the intent of
the ordinance in keeping structures and impervious area out of the floodway.
2. The conditions upon which the request is based are unique to the property and are not
generally applicable to other property. The floodway covers approximately half of the
site, and with the additional 25 feet, the majority of the site would not be useable
ground for the planting areas. The existing vegetation adjacent to the stream will be
maintained meeting the intent of the ordinance.
3. Because of unique circumstances, a particular hardship or practical difficulty would
result if the strict letter of these regulations is carried out. Only the very northwest
corner of the site would be viable for planting. The floodplain mitigation for the
greenhouse installation would also become a conflict, as some land disturbance within
the required easement limits will be necessary to provide the no net loss of floodplain
storage.
4. The design waiver shall not in any manner subvert the provisions of Article 5:
Development Standards, the Carmel Clay Comprehensive Plan, particularly the Bike and
Pedestrian Plan. This waiver will not impact the proposed use of the property, and the
required bicycle parking spaces will be provided. The multi-use trail along the right-of-
way shall remain unaffected.
Sincerely,
Charlie Mattox, P.E.
Project Engineer