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HomeMy WebLinkAboutDept Reports CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT August 28, 2006 (amended) 4-5h. Lubavitch of Indiana Worship Center The applicant seeks approval for the following special use & development standards variance approvals: Docket No. 06050007 SU ZO Chapter 5.02 Special Uses Docket No. 06050008 V ZO Chapter 5.04.03.E.2 Minimum Lot Width The site is located at 2640 W 96th Street and is zoned S-I/Residence. Filed by Dave Coots of Coots, Henke & Wheeler, P.C. General Info: This item has appeared before the Technical Advisory Committee on May 19 and will work with this committee to address and resolve all technical issues, such as decellanes, architectural materials, etc. The petitioner seeks special use approval to construct a place of worship & parking lot with lighting, signage, and landscaping. Analysis: A place of worship IS a complementary use to a < residential area, according to the Comprehensive Plan. Just east of this site is College Park Baptist Church, and just west of this site is Shelbome Greene residential subdivision. The required lot width in the S-I/Residence district is 200 feet for uses that are not a single family residence; the proposed lot is 135.88 ft wide, which is a difference of 64.12 feet. The side yard setback of a place of worship needs to be 25-ft when adjacent to a residential area, per chapter 26.02.08. 96th Street is considered a residential parkway, and regarding road improvements, Gary Duncan of the City Engineering Office stated: "IfIwhen annexed into the City, we would likely construct this part of 96th Street as a 2-1ane boulevard with a median in the near term; long term it is likely to be 4-lanes." Findings of Fact: Special Use 1. The premises in question is particularly physically suitable for the proposed Special Use because: the site is undeveloped and is located in a rapidly growing residential area, where a complementary use (place of worship) may be necessary. 2. The Special Use will not injuriously or adversely affect economic factors, such as costlbenefit to the community and its anticipated effect on surrounding property values because: Places of worship are complementary uses to residential areas, since they are usually low impact and generally non-invasive. The synagogue will also be located on 96th Street, a major east/west corridor. 3. The Special Use will be consistent with social/neighborhood factors, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity because: the place of worship will fit into the context ofthe area, being adjacent to an existing church, single-family residential subdivision, and multi-family dwelling units south of 96th Street. 4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm drainage facilities and police and fire protection because: utilities are in place since residential areas and a church surround the property. 5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed because: a pedestrian/bike path will be created along 96th Street, per the Alternative Transportation Plan. The traffic flow will be accommodated by on-site parking site design and with 96t Street road improvements by the City in the future. 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.03 (1-26) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: the synagogue complies with all criteria. Findings of Fact: lot width 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the lot width requirement is short by 64 feet. The site plan layout adequately addresses the lot width and appropriate setbacks are still met. 2.) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the lot width requirement is short by 64 feet. The site plan layout adequately addresses the lot width and appropriate setbacks are still met. 3.) The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: the synagogue will not be able to locate at this site, which is adjacent to 96th street, a good location for vehicular access, and adjacent to an existing church. The place of worship will have to re-locate to another site, which may hinder the congregation. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 06050007 SU and 06050008 V. Perhaps flipping the site plan west to east may alleviate some concern of the neighbors just west of the proposed building; this would move the building and its height further east. Also, increasing the plantings along the west property line and/or adding additional evergreen trees may be another way to buffer the use from the adjacent homes. CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT August 28, 2006 (amended) 5-6h. Lubavitch of Indiana Worship Center The applicant seeks approval for the following special use & development standards variance approvals: Docket No. 06050007 SU ZO Chapter 5.02 Special Uses Docket No. 06050008 V ZO Chapter 5.04.03.E.2 Minimum Lot Width The site is located at 2640 W 96th Street and is zoned S-I/Residence. Filed by Dave Coots of Coots, Henke & Wheeler, P.C. General Info: This item has appeared before the Technical Advisory Committee on May 19 and will work with this committee to address and resolve all technical issues, such as decellanes, architectural materials, etc. The petitioner seeks special use approval to construct a place of worship & parking lot with lighting, signage, and landscaping. Analysis: A place of worship IS a complementary use to a Marion Co/Indiana olis . residential area, according to the Comprehensive Plan. Just east of this site is College Park Baptist Church, and just west of this site is Shelborne Greene residential subdivision. 96th Street is considered a residential parkway. The required lot width in the S-l/Residence district is 200 feet for uses that are not a single family residence; the proposed lot is 135.88 ft wide, which is a difference of 64.12 feet. The side yard setback of a place of worship needs to be 25-ft when adjacent to a residential area, per chapter 26.02.08. -l o ::E z m ::0 o Regarding road improvements, Gary Duncan of the City Engineering Office stated: "If/when annexed into the City, we would likely construct this part of 96th Street as a 2-lane boulevard with a median in the near term; long term it is likely to be 4-lanes." Findings of Fact: Special Use 1. The premises in question is particularly physically suitable for the proposed Special Use because: the site is undeveloped and is located in a rapidly growing residential area, where a complementary use (place of worship) may be necessary. 2. The Special Use will not injuriously or adversely affect economic factors, such as cost/benefit to the community and its anticipated effect on surrounding property values because: Places of worship are complementary uses to residential areas, since they are usually low impact and generally non-invasive. The synagogue will also be located on 96th Street, a major east/west corridor. 3. The Special Use will be consistent with social/neighborhood factors, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity because: the place of worship will fit into the context of the area, being adjacent to an existing church, single-family residential subdivision, and multi-family dwelling units south of 96th Street. 4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm drainage facilities and police and fire protection because: utilities are in place since residential areas and a church surround the property. 5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed because: a pedestrian/bike path will be created along 96th Street, per the Alternative Tran~ortation Plan. The traffic flow will be accommodated by on-site parking site design and with 96 Street road improvements by the City in the future. 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.03 (1-26) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: the synagogue complies with all criteria. Findings of Fact: lot width 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the lot width requirement is short by 64 feet. The site plan layout adequately addresses the lot width and appropriate setbacks are still met. 4.) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the lot width requirement is short by 64 feet. The site plan layout adequately addresses the lot width and appropriate setbacks are still met. 5.) The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: the synagogue will not be able to locate at this site, which is adjacent to 96th street, a good location for vehicular access, and adjacent to an existing church. The place of worship will have to re-locate to another site, which may hinder the congregation. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 06050007 SU and 06050008 V. Perhaps flipping the site plan west to east may alleviate some concern of the neighbors just west of the proposed building; this would move the building and its height further east. Also, increasing the plantings along the west property line may be another way to buffer the use from the adjacent homes. CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT August 28, 2006 5-6h. Lubavitch of Indiana Worship Center The applicant seeks approval for the following special use & development standards variance approvals: Docket No. 06050007 SU ZO Chapter 5.02 Special Uses Docket No. 06050008 V ZO Chapter 5.04.03.E.2 Minimum Lot Width The site is located at 2640 W 96th Street and is zoned S-llResidence. Filed by Dave Coots of Coots, Henke & Wheeler, P.e. General Info: This item has appeared before the Technical Advisory Committee on May 19 and will work with this committee to address and resolve all technical issues, such as decellanes, architectural materials, etc. The petitioner seeks special use approval to construct a place of worship & parking lot with lighting, signage, and landscaping. Analysis: A place of worship IS a complementary use to a < residential area, according to the Comprehensive Plan. Just east of this site is College Park Baptist Church, and just west of this site is Green Tree Country Club Estates residential subdivision. 96th Street is considered a residential parkway. The required lot width in the S-llResidence district is 200 feet for uses that are not a single family residence; the proposed lot is 135.88 ft wide, which is a difference of 64.12 feet. Findings of Fact: Special Use 1. The premises in question is particularly physically suitable for the proposed Special Use because: the site is undeveloped and is located in a rapidly growing residential area, where a complementary use (place of worship) may be necessary. 2. The Special Use will not injuriously or adversely affect economic factors, such as cost/benefit to the community and its anticipated effect on surrounding property values because: Places of worship are complementary uses to residential areas, since they are usually low impact and generally non-invasive. The synagogue will also be located on 96th Street, a major east/west corridor. 3. The Special Use will be consistent with social/neighborhood factors, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity because: the synagogue will fit into the context of the area, being adjacent to an existing church, single-family residential subdivision, and multi-family dwelling units south of 96th Street. 4. The Special Use will not injuriously or adversely affect the adequacy and availability of water, sewage and storm drainage facilities and police and fire protection because: utilities are in place since residential areas and a church surround the property. 5. The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed because: a pedestrianJbike path will be created along 96th Street, per the Alternative Transportation Plan. The traffic flow will be accommodated by on-site parking site design and with 96t Street road improvements by the City. 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.03 (1-26) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: the synagogue complies with all criteria. Findings of Fact: lot width 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the lot width requirement is short by 64 feet. The site plan adequately addresses the lot width and appropriate setbacks are still met. 4.) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the lot width requirement is short by 64 feet. The site plan adequately addresses the lot width and appropriate setbacks are still met. 5.) The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: the synagogue will not be able to locate at this site, which is adj acent to 96th street, a good location for vehicular access, and will have to re-Iocate to another site, which may hurt the congregation. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 06050007 SU and 06050008 V.