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HomeMy WebLinkAboutFindings of FactPetitioner: Indiana Municipal Power Agency CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: 09120016 SU Vertical Axis Wind Turbine Tower In Business District FINDINGS OF FACT SPECIAL USE 1. The premises in question is particularly physically suitable for the proposed Special Use because: there is adequate open space outside of the required greenbelt to locate the vertical axis wind turbine tower and meet the technical requirements in order for it to work properly. 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: most of the adjacent properties are commercial, the property to the east will be largely screened by the existing office building, the wind turbine tower has landscaping surrounding it to mitigate aesthetic concerns, the rotating unit has been designed on a vertical axis and sit atop an 18 ft. tall tower pole where it can operate efficiently and quietly, it represents an accessory use of the property, and society will benefit from the demonstration of a clean alternative energy project. 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 wind turbine tower is an accessory use supporting a commercial office building located in a commercial business park, the height of the tower is less than the height of buildings permitted in the B -6 zoning district, and it will not operate in an intrusive fashion. 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: the wind turbine tower does not use water, nor does it contribute anything to the sanitary storm system. Further, it does not require any significant impervious surface. Because the wind turbine tower is not an `occupied" special use, there will be no anticipated need for additional police /fire protection. 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: the wind turbine tower is located internally to the site, away from the greenbelt perimeter, sidewalks and all public streets, so as to not interfere with the use of sidewalks or streets by pedestrian or vehicular traffic. It will also be located outside of the existing parking lot. DECISION Yes No: 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. IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Special Use Docket Number 09120016 SU is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Z day of hv j 20 /0 AIRPERSON, Car /Clay Board of Zoning Appeals SECRETARY, Carmel /Cla oar.: Zoning Appeals 1588140v1 Adopted this Conditions of the Board are listed on the back. (Petitioner or his representative to sign). Page 8 0l 8 z: \shared \forms \BZA applications\ Special Use Application rev. 01/05/2009