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HomeMy WebLinkAboutDept Report CARMEL /CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT July 28, 2003 7 -9h. Carmel Cemetery (UV- 74 -03, V- 75 -03, V- 76 -03) Petitioner seeks the following Use Variance: UV -74 -03 #03050025 §23B.4 special use in US 31 Overlay Zone Petitioner seeks the following Development Standards Variance: V -75 -03 #03050026 §23B.08.02.A side rear yard adjacent to R -1 V -76 -03 #03050027 Alternative Transportation Plan 12' dedicated trail The site is located at 900 N Range Line Road. The site is zoned R- 1/Residential within the US 31 Overlay Zone. Filed by Ronald Bussell on behalf of the Carmel Cemetery Association 4 General Information: y l i The Carmel Cemetery Association would like to expand N h i their cemetery spaces to 20 feet of the US 31 Right -of- COOLCREE "�x way. They also would like a Special Use Approval to US 31 .a� z use a vacant parcel of land that is adjacent to their r cf4 property for cemetery expansion. The site and surrounding area is zoned R -1 Residential and is within the US 31 Overlay. US 31 will be expanded in the future d" 1 and right -of -way will be needed for expansion. The Ir:' km/AZ' 4,-, 4 ..%44. c, Cemetery Association will transfer the fee simple rights k i l� to the necessary right -of -way for the Cool Creek Trail. V 1 2 A letter from the Cemetery's horticulturalist states that white pines are currently growing healthily on -site, and l additional white pines would be sufficient. But, if the ;PM Commission directs, higher cost conifers my substitute the proposed white pines. sMOKEY ROW 0••• Background Information: (Excerpt of Plan Commission Meeting May 20, 2003 Minutes): Ron Bussell, 703 Pro -Med Lane, Carmel, appeared before the Commission representing the Carmel Cemetery Association. The location map provided to the Commission delineates the proposed addition to the Cemetery. The surrounding zoning is R- 1/Residence and within the US 31 Overlay Zone. The cemetery consists of two parcels, one in the B -5 zone and one in the R -1 zone. The parcel in the R -1 Residential zone is within a flood plain and for whatever reason, was not included in the B -5 zone. It is most doubtful that anything would ever be built in this area that is occupied by the flood plain. The proposed addition would consist of an extension of the drive and would not disturb the current countywide drainage plan. The Cemetery Association is willing to dedicate a portion of the ground for the extension of the Monon Trail. The addition would result in approximately 5,000 spaces; currently there are 290 lots left for sale. The Cemetery Association is essentially out of desirable lots. July 28, 2003 Carmel /Clay Board of Zoning Appeals Department Report 13 There is a 90 -foot setback line along US 31. The petitioner had initially requested a 20 -foot setback that would include existing trees along US 31 that would be a visual screen, and additional space was desired between the trees and the graves for maintenance vehicle access. Mr. Bussell said that in the old part of the cemetery, where there are grave spaces within 5 feet of the right -of -way of US 31, the State would not enter that area. In the area that is the bridge over the Monon Trail, the State intends to widen the area yet maintain the current right -of -way. These plans are still under development and not yet final. There is no lighting, signage, or building associated with this project. The TAC committee suggested pine trees to fill in where gaps exist. The Cemetery Association would like to put trees other than pines in the area. Members of the public were invited to speak in favor of or opposition to this petition; no one appeared and the public hearing was closed. Jon Dobosiewicz reported for the Department. The ultimate recommendation is for this item to be sent to Committee. However, there are several unresolved issues and requests made of the petitioner. 1) A request was made of the petitioner to send a letter to the Commissioner of Indiana Department of Transportation providing them with plans and asking for comment. The petitioner states he has spoken with Parsons, Brinckerhoff, but no evidence has been provided to the Department. The primary concern is to provide for the ability of the State Highway Dept. to make an expansion of US 31 and the State should be provided the opportunity for input —this would also help the Commission in making a decision. 2) The petitioner is also requesting a reduction from 90 feet to 30 feet of the required setback from US 31. There are gravesites within 5 feet of the current US 31 right -of -way, and the Department does not want to see this continue. The setback should provide for the ability to make future improvements critical to the economic welfare of the community. In addition, the petitioner has indicated they would like the Plan Commission to view the areas south and west of the site as commercially zoned property as opposed to residentially zoned property. The Commission does not have the ability to make this call —the petitioner would need to file for a variance through the BZA. The petitioner has indicated a willingness to dedicate area for the ATP Trail that would connect the Monon with 146 Street via "Cool Creek route;" this should be submitted in writing. 3) The third concern is landscaping. The Department has requested a landscape plan from the applicant; this has not yet been received for review. A June 3r Committee meeting date may seem premature to provide the Department the opportunity and the applicant the responsibility of filing plans with the State and seeking their comment to the Plan Commission. The Depaitutent is recommending this item be forwarded to the July 1s Subdivision Committee meeting to allow an opportunity to resolve these issues before it goes to the Committee for discussion. Pat Rice had comments regarding the lack of maintenance and upkeep in landscaping at the Carmel Cemetery. The expansion is needed, but commitments should be made in writing regarding the upkeep and maintenance of the cemetery. July 28, 2003 Carmel /Clay Board of Zoning Appeals Department Report 14 Dave Cremeans, chairperson of the Subdivision Committee, commented there are a lot of unresolved issues and it is possible that the applicant may appear at the August rather than July committee. Dave Cremeans asked that the Department place this item on the Committee Agenda when it is appropriate. Dan Dutcher wanted to note a positive aspect of this proposal and that is the opportunity to tie into the Monon from the Cool Creek Trail. Mr. Dutcher urged the Commission to work to make this a reality. Marilyn Anderson said the trail connection needs to show on the plan, not just a verbal willingness. Docket No. 69 -03 DP /ADLS, Carmel Cemetery, was referred to the Subdivision Committee for further review, perhaps July, most probably the August meeting, but whenever deemed appropriate by the Department. (July 1, 2003 Subdivision Committee Meeting minutes are not available.) Analysis: The expansion of US 31 puts the Carmel Cemetery Association in a negative situation. The cemetery wants to place as many burial tracts on the property, but cannot ignore the 90 -foot setback from US Highway 31. The cemetery will, for now, comply with the 90 -ft US 31 Right -of- way setback. Then, at a later time, when the highway plans are more definite, will revisit the use of additional space along US 31. Findings of Fact: (Development Standards Variances) 1.) The approval will not be injurious to the public health, safety, moral and general welfare of the community; The expansion of the cemetery will not be injurious to the public health, safety, moral and general welfare of the community. The Cemetery is to dedicate to the City the area where the Cool Creek Trail will be developed. 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; The use of the adjacent properties will not be affected if the cemetery is allowed to expand. The area to the south will be the extended Cool Creek Trial and the area to the west is the existing Monon Greenway. 3.) The strict application of the terms of the Zoning Ordinance will result in practical difficulties in use of the property. The strict application of the Zoning Ordinance will result in practical difficulties in the use of the property. The setbacks prescribed within the Ordinance are designed to protect adjacent residential lots not public uses, such as trails. The setback of grave plots from the adjacent lots is in excess of that required by the Ordinance. July 28, 2003 Carmel /Clay Board of Zoning Appeals Department Report 15 (Use Variance) 1.) The grant of this variance will not be contrary to the public interest, due to the existence of special conditions(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: The subject property has no access to any roads thus far, except through the existing cemetery. 2.) The grant of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: A cemetery already exists adjacent to the subject property. 3.) The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The existing cemetery to the north of the site wants to expand. This is not a new use to the area. 4.) The need for the variance arises from a natural condition peculiar to the subject property because: The site is vacant land that has not been developed because of lack of access to a road. The existing cemetery wants to use this adjacent land to expand its cemetery. 5.) The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: The Comprehensive Plan marks this area as a medium intensity regional /community employment area. The cemetery would serve as a transitional buffer to residential uses to the south of the site. The cemetery adjacent to the subject property is already in existence as a special use in the R -1 zone. Recommendation: The staff recommends favorable consideration for docket nos. UV- 74 -03, V- 75 -03, and V- 76 -03. July 28, 2003 Carmel /Clay Board of Zoning Appeals Department Report 16 City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 317- 571 -2417 Fax: 317- 571 -2426 FACSIMILE TELECOPY COVER LETTER DATE: July 23, 2003 TO: Ron Bussell FAX: 566 -9550 FROM: Connie Attached hereto are 7 pages, including this cover letter, for facsimile transmission. Should you experience any problem in the receipt of these pages, please call 317/571/2419 and ask for Connie. NOTES: Attached are the Agenda and Department Report for the July 28, 2003 BZA meeting. Please remember to bring the seven (7) additional fully filled -out Findings -of -Fact sheets and ballot sheets for each petition the night of the meeting for the Board's use. CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. if you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documents to us.