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HomeMy WebLinkAboutDept Report 05-22-02 City of Carmel DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning c May 22, 2002 Department Report To: Board of Zoning Appeals Members From: Department of Community Services Re: Projects scheduled to be heard Tuesday, May 28,2002 J. Public Hearim!: Ij. WTF - Sprint Spectrum (A-97-01) Appellant (an Interested Party) wishes to appeal the decision of the Director regarding the collocation of a WTF antenna on an existing private radio tower. The site is located at 1388 Queen's Way. The site is zoned S-I/Residence - Very Low Density. On June 15.2001. the Department of Community Services issued Permit No. 627.01B for the collocation of an antenna on an existing ham radio tower at 1388 Queen's Way. The Department issued the permit per Section 5.1: Permitted Uses of the S-I/Residence District Ordinance. which lists. "Antenna. if collocated on an existing or previously approved tower" as a permitted use. The term TOWER is defined in the Zoning Ordinance as: A ground or roof-mounted pole, spire, structure, or combination thereof taller than fifteen (15) feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, a meteorological device, or other similar apparatus above grade. The term dos not include a water tower that is owned by public utility or municipally owned utility. The term ANTENNA is defined as: A structure or device that is used for the purpose of collecting or transmitting signals, images, sounds, or information of any nature by wire, radio, visual, or electromagnetic waves, including but not limited to directional or omni- directional antennas, panels, and microwave or satellite dishes. The term does not include an amateur radio station antenna. Both definitions were adopted per Ordinance No. Z-320. more commonly known as the "Tower Ordinance" or "Wireless Telecommunications Ordinance." Page 1 Department Report Board of Zoning Appeals May 28, 2002 Page 24 of27 K. Old Business. lk. Martin Marietta Materials (UV-23-02) Petitioner seeks approval of a Use Variance of Section 5.1: Permitted Uses in order to establish a Sand and Gravel Processing Operation. The site is located on the northeast comer of East I06th Street and Hazel Dell Parkway. The site is zoned S-l/Residence - Low Density. PLEASE SEE ATTACHED SUPPLEMENTAL STAFF REPORT FOR ADDITIONAL COMMENTS. In deciding whether or not the applicant has presented sufficient proof to permit the granting of a variance of use, the Board shall determine in writing that: 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship; and The property on the east side of Hazel Dell Parkway that is currently under consideration for this Use Variance is almost entirely located within Flood Zone A. This makes the property virtually undevelopable for single-family residences. Hardship exists on this property to support the petition in the form of its restricted potential for residential development. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community; The Department is unaware of any aspect of this proposal that would be injurious to the public health, safety, morals and general welfare ofthe community. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner; The properties adjacent to this site are either in production for sand and gravel extraction; proposed for sand and gravel extraction; owned by the City of Carmel; or otherwise undeveloped. The grant of this Use Variance would result in the relocation of the legal, pre-existing, nonconforming sand and gravel processing operation located on the west side of Hazel Dell Parkway adjacent to the Kingswood Subdivision to this site, farther from the single-family residences. As such, the Department does not believe that the value of the area adjacent to the subject property will be substantially adversely affected. 4. The need for the variance arises from a natural condition peculiar to the subject property; Page 24 i Department Report Board of Zoning Appeals May 28, 2002 Page 25 of 27 The property is currently almost entirely located within Flood Zone A. This makes the property virtually undevelopable for single-family residences. Hardship exists on this property to support the petition in the form of its restricted potential for residential development. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan. The approval would not interfere substantially with the Comprehensive Plan. See the report on Docket Nos. SU-24-02: SU-25-02: V-26-02: and V-27-02 for the Department's comments on this petition. Page 25 . . '. . Department Report Board of Zoning Appeals May 28, 2002 Page 26 of 27 2-5k. Martin Marietta Materials (SU-24-02; SU-25-02; V-26-02; V-27-02) Petitioner seeks Special Use approval of a Sand and Gravel Extraction Operation and an Artificial Lake. Petitioner seeks the following Developmental Standards Variances: V-26-02 95.2.2: Other Requirements ISO-foot setback V-27-02 95.2.2: Other Requirements 100-foot setback The site is located on the northwest comer of East 106th Street and Hazel Dell Parkway. The site is zoned S-I/Residence - Low Density. PLEASE SEE ATTACHED SUPPLEMENTAL STAFF REPORT FOR ADDITIONAL COMMENTS. The proposed sand and gravel extraction operation will be conducted in a manner similar to the operation currently underway to the east of the Kingswood Subdivision - a floating dredge will remove material that would then be transferred to the processing facility relocated on the east side of Hazel Dell Road. There is no underground mining proposed with this petition. The estimated life of the extraction operation is fourteen (14) years. The operation will proceed in seven phases. the first three of which are located immediately south of the Kingswood Subdivision. An eight-foot berm and additional landscape plantings are proposed to minimize the disturbance to the abutting residents. In addition. a six-foot fence will be placed to address safety issues. Truck access to the site will be from the existing entrance on Hazel Dell Parkway. and no access is proposed from East 106th Street. Noise from the dredge itself is minimal. Trucks will utilize strobes during back- UP rather than an audible si~al. Noise from the processing facility on the east side of Hazel Dell Parkway will be handled in a manner identical to the way in which the existing processing facility is addressed. The additional distance and existing vegetation on the east side of Hazel Dell Parkway should serve to make the processing facility significantly less of a noise disturbance than it is today. Representatives from the City's mining consulting firm. Spectra. will be in attendance to address specific issues related to this petition. The Department is recommending favorable consideration of these petitions with the following Conditions: 1. That the Commitments proposed by the petitioner be executed and recorded. 2. That the petitioner submit specific Landscape Plans for the bufferyards adjacent to the Kingswood Subdivision, and that approval of those plans be delegated to the Director. 3. That the cross sections be revised to address the comments of the Hamilton County Surveyor's Office and Hamilton County Soil and Water Conservation District regarding the slope to the water's edge and the provision of a safety ledge to a point five feet below the water's surface. Page 26 Department Report Board of Zoning Appeals May 28, 2002 Page 27 of 27 L. New Business. lL. Board to consider amendments to the Board of Zoning Appeals Rules of Procedure. The Department recommends favorable consideration of the amendments. Page 27