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HomeMy WebLinkAboutDept Report 09-22-03CARMEL /CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT September 22, 2003 li. Lucky Farms Riding Arena (SU- 78 -03) Petitioner seeks Special Use approval to construct an indoor horse riding arena. SU -78 -03 #03070008 §5.2 special use in S -1 zone The site is located at 9919 Towne Road. The site is zoned S -1. Filed by Adam DeHart of Keeler -Webb Associates for Lucky Farms, LLC. General Information: The petitioner would like to erect an indoor riding arena with horse grooming stalls. The property houses the Theraplay Program, which allows special -needs children to ride horses. The program has become very popular, and another facility is needed while the other facilities are being used. The new indoor riding arena will take the place of dilapidated agricultural barns and stable. The property is located in a S- 1/Residential zone. Background Information: Lucky Farms, LLC has come before the BZA before to gain approval of a riding stable (SU- 62 -01), which was approved June 25, 2001. (Excerpt from June 2001 BZA Meeting Minutes): 20h. Lucky Farms Riding Stable (SU- 62 -01) Petitioner seeks Special Use approval in order to establish a riding stable on 5.0± acres. The site is located at 9911 Towne Road. The site is zoned S -1 /residence. Filed by Adam L. DeHart of Keeler -Webb Associates for Lucky Farms, LLC. 10 Adam DeHart of Keller Webb Assoc. 486 Gradle Drive, Carmel, appeared before the Board representing the applicant. Gary Alletto of Lucky Farms was also in attendance. The petitioner is requesting approval to establish a riding stable on a 5 -acre parcel. The main riding stable lies to the north with Treesdale Subdivision to the Lucky Farms property. Mr. DeHart gave a brief history of the property. Due to the condition of the barn and the small stables, the previous barn could not be used for housing Lucky Farms own private animals. This site has been used as a riding stable in excess of 50 years. The foundation had deteriorated as well as the roof, and it was not economical to repair. The barn is being replaced with a slightly larger facility that will accommodate a mare with foal and/or mare and colt together in stalls. Outdoor storage can be eliminated to the north as well as maintenance vehicles. Another barn at this location is being used for outdoor storage of feed and machinery- -this can also be demolished with the installation of the new barn. There is a private room and meeting area that will be available to the owners only. A building permit has been obtained from the Permit Services Depai tment to install a barn, currently under construction on the site. The applicant is requesting re- instatement of the Special Use of a riding stable that would allow a horse to be housed in the barn. The 5 -acre parcel will function as a private barn. The facility to the north is not included, and Treesdale Subdivision is used as an indoor riding arena. The north barn also needs to have stalls vacated per a lease agreement with Childrens' Theraplay of Indiana and the Theraplay Foundation, to make space available for their horses. Members of the public were invited to speak in favor or opposition to the petition; no one appeared and the public hearing was closed. Depar linent Report, Laurence Lillig. The Department believes the site is suited to the proposed use; however, the petitioner must decide as to which zoning approval they would prefer to establish on site. In order to pursue the riding stable, the petitioner must again appear before the Plan Commission to amend the primary plat for the Treesdale Subdivision. The primary plat allows for two points of access for this subdivision. Establishing the second zoning approval on the property effectively makes a secondary access not viable -it also makes a cul -de -sac in excess of 600 feet. Adam DeHart said the subdivision is not installed as a developer advantage. The homeowners in the subdivision can make use of the riding stable for charitable work and own horses. There was never a commitment as to when the subdivision would develop. The Petitioner is willing to work with the Department- -the lots in Treesdale are being sold very slowly. John Molitor's comments: The Department believes the use is appropriate, however, the truncated cul -de -sac requires a variance in excess of 600 feet, and needs Plan Commission approval. Before the Special Use would be established, it seems only logical that the plat needs to be amended and this would require Plan Commission action. Mr. Molitor recommends the BZA not vote on this item until such time as the Plan Commission reviews and votes otherwise it is an unlawful subdivision. Pat Rice asked if this item could be conditionally approved this evening, subject to the Plan Commission approval. 11 John Molitor responded in the affirmative; if the Board believes the land use issue is straight- forward enough, it would be dependant upon getting the access issue worked out by having the Plan Commission approve the amendment to the plat. Adam DeHart said the primary plat was approved by the Plan Commission for Section I. Section I secondary plat is approved, is under construction, and consists of 10 lots. The balance of the property was primary platted for Section II for two reasons: 1) There was a remonstrance from adjoining property owners concerned about the balance of the property and how it would be treated. 2) The owners of Lucky LLC, developer of the subdivision, wanted to place a restriction on the property and the barn area. In the event charitable work could not be provided from that facility and used to house their own horses, it would be restricted in development in accordance with the primary plat. As of now, there are only two lots that have been sold and being developed -lots 9 and 10. Treesdale is a very upscale subdivision with lots that are on the high end as far as purchase price. Section I is expected to develop very slowly. The current use and number of horses are being accommodated on the property. Prior to the approval of Treesdale, the number of horses was 38; currently there are 32 horses. Through attrition, it is expected that they will be operating with 25 horses. The only reason the petition is before the Board is because an inadequate barn to house the horses was demolished and the intention is to replace it. The intention of the balance of the property, referred to as Section II of the Subdivision, already primary platted, was to continue to use it as a riding stable. The area was primary platted for the petitioner's benefit and the neighbors; benefit, as far as how the site would be developed if the use changed from the current riding stable to a subdivision that would comply with the zoning. Laurence Lillig reported that the continued use of the property was not something that was mentioned at the platting stage. The Department has no problem with this property as a riding stable, and it has been used for this purpose for 50 years or more. The problem, as pointed out by Mr. Molitor, is that the primary plat allows for two points of access for this subdivision, required by the Subdivision Regulations. The establishment of a second zoning approval on this property effectively makes a secondary access point un- establishable (impossible.) There would be a cul- de -sac that exceeds 600 feet, the length allowed by the Subdivision Regulations. The expectation when a primary plat is established is that it will be platted within the foreseeable future- -this takes us outside the realm of the foreseeable future. Adam DeHart said the petitioner's definition of "foreseeable future" is a little different from the Depaitinent's, although their position is understood. This was made known by the Depai tinent at the time of Technical Advisory Committee, although their specific recommendation was not made available until this evening. The Subdivision has not been installed as a monetary advantage or developer's advantage, and has been designed and laid out so that the homeowners in the subdivision can make use of the riding stable for their charitable work and their own horses. There was never a commitment made on how fast Section II would be submitted. At this point in time, it is impossible to place a time frame on the secondary plat for Section II. John Molitor said there is no disagreement, the Depth tnnent believes the land use to be appropriate and the Special Use should be approved. The problem is that when the Subdivision is truncated, the cul -de -sac does not meet the Subdivision Control Ordinance. Thus, Plan Commission approval would be required for a variance for the cul -de -sac standard, 600 feet. This particular cul -de -sac is over 700 feet. The Plan Commission would need to approve that or the Subdivision no longer conforms to the approval of the Subdivision Regulations. 12 Laurence Lillig wanted to clarify that in no way is the Depal l,nent suggesting that the developer is trying to be deceitful or tried to mislead the Plan Commission or the Department when the property was platted. Leo Dierckman agreed that this item should be sent to the Plan Commission. Michael Mohr questioned the sequence of approval -if the Board voted negatively, would this case proceed to the Plan Commission or would it end here. John Molitor recommended not voting until the Plan Commission reviews and votes; otherwise it is an unlawful subdivision. Pat Rice commented that she was willing to move ahead without holding up the petitioner. John Molitor recommended that the Plat Amendment be approved by the Plan Commission within 60 or 90 days. Adam DeHart said the petitioner is willing to look into waivers that were granted on this Subdivision and file any application that may have been overlooked. The petitioner is seeking action from the Board this evening to re- establish the riding stable use. Pat Rice moved for the approval of SU- 62 -01, Lucky Farms Riding Stable, conditioned upon Plan Commission review and approval of the Primary Plat Amendment, seconded by Michael Mohr. APPROVED 5 -0. Analysis: The riding arena will be an accessory building to the parcel of land, since a house is present. The petitioner will meet the building side and rear yard setbacks by redescribing the property lines. This revised land description will be filed contingent upon board approval. This use is allowed in S -1 /Residence by Special Use only. Findings of Fact: 1.) The Special Use in the Flood Plain District, Ordinance Z -160, Section 21.6 as amended does not apply and all prerequisites have been met by the Petitioner as verified by: The site plan does not show the riding arena in a flood plain. 2.) The Special Use will be consistent with the Character and the Permitted Land Use of the Zoning District and Carmel/Clay Comprehensive Plan because: The Comprehensive Plan shows the subject property to be within an area of Very Low Intensity Residential Communities. This special use is already in existence and will cater to the needs of Theraplay, horse -riding therapy, which is an asset to the community. 3.) The Special Use is physically suitable for the land in question because: The indoor riding arena will match other uses on the site, and a similar special use was approved by the BZA in the year 2001 for this property. 13 4.) The Special Use will not be injuriously or adversely affect the adjacent land or property values because: It is currently a property with horses, riding stables, and barns. 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 because: The riding arena is situated 560 feet off Towne Road, and it will not affect the availability of facilities. There is a retention pond behind the property. 6.) The Board has reviewed the requirements of the 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: A similar Special Use has already been granted in the year 2001. Recommendation: The staff recommends positive consideration of SU- 78 -03. 14 NOTES: Please call if you have any questions. 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: September 17, 2003 TO: Adam Dehart, Keeler -Webb Associates FAX: 574 -1269 FROM: Connie Attached hereto are 8 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. Attached are the Agenda and Department Report for the September 22, 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.