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HomeMy WebLinkAboutFindings of FactPOP -DP FINDINGS OF FACT FORM DEVELOPMENT PLAN CONSIDERATION Carmel Plan Commission, Carmel, Indiana DOCKET NO. 09100009 DP NAME OF PROJECT: Long Branch Market w /Kroger PETITIONER: Zinkan Barker Development Co., LLC Based upon all the evidence presented by the Petitioner and upon the Department Report of the Department of Community Services, dated April 20, 2010 we determine that the Development Plan complies with the Standards set forth in the Carmel /Clay Zoning Ordinance and we further make the additional findings of fact attached hereto and incorporated herein by reference as Exhibit "A Based upon all the evidence presented by the Petitioner and upon the Department Report of the Department of Community Services, dated April 20, 2010 we determine that the Development Plan complies with the Standards set forth in the Carmel /Clay Zoning Ordinance, we make the additional findings of fact attached hereto and incorporated herein by reference as Exhibit "A we hereby approve the Development Plan as submitted and, further to the existing commitments previously extended in 1988, we hereby determine that the uses enumerated in the Petitioner's commitments are authorized and shall be allowed as permitted uses, all subject to the following specific conditions as agreed to by the Petitioner Condition 1. The execution and recordation by the Petitioner, with the Recorder of Hamilton County, Indiana, of the Petitioner's commitments extended and approved in connection herewith. Condition 2. The Petitioner shall not now stub the driveway connection to the south, as shown on the approved DP; instead, the Petitioner shall stub the driveway connection to the south, in a location in the area noted on an exhibit filed with the Department of Community Services, at such time as Weston Pointe is required to connect to the north to the subject development. We hereby disapprove of the Development Plan as submitted with the following reasons: 1. 2. 3. DATED THIS 20 DAY OF APRIL, 2010. Commission Member EXHIBIT "A" 1. The premises in question is particularly physically suitable for the proposed uses because: The size, configuration and location of the subject premises, when considered in light of the existing and surrounding zoning and uses, along with the Petitioner's proposed plans, uses and commitments, make the subject parcel particularly physically suitable for the Petitioner's proposed uses. The subject real estate is zoned B -3 Business and the uses allowed by the Petitioner's proposed commitments (i) are permitted uses under the B -3 Business district, (ii) are consistent with the Michigan Road corridor and other commercial uses in the vicinity, and (iii) are of an intensity that is less than or equal to the intensity of some of the uses enumerated under the original commitments made in 1988 in connection with the rezoning the subject real estate, particularly in light of the Petitioner's proposed buffers, set backs and commitments. Adjacent residential uses are substantially insulated from the proposed development, beyond the requirements of the B -3 Business District, by the wall, the significant buffers and the extensive setbacks set forth in the Petitioner's approved plans and commitments. Per the terms of the Petitioner's commitments, additional safeguards and protections are provided including, without limitation, extensive setbacks and buffers in excess of the requirements of the Zoning Ordinance, limitations of hours of certain operations, and lighting restrictions. Additionally, by the Petitioner's commitments, and subject only to limited exceptions set forth in the Petitioner's commitments, the Michigan Road Overlay has been expanded to encompass the entirety of the subject real estate. 2. The proposed uses will not injuriously or adversely affect economic factors, such as cost/benefit to the community and its anticipated effect on surrounding property values because: Regarding economic factors, such as the cost/benefit to the community, the proposed development will be beneficial in that it will increase assessed valuation. Regarding the affect on surrounding property values, the uses allowed by the Petitioner's proposed commitments are permitted uses under the B -3 Business district, are similar to other commercial uses in the vicinity, and are of an intensity that is less than or equal to the intensity of some of the uses enumerated under the original commitments made in 1988 in connection with the rezoning the subject real estate, particularly in light of the Petitioner's proposed buffers, set backs and commitments. Adjacent residential uses are substantially insulated from the proposed development, beyond the requirements of the B -3 Business District, by the wall, the significant buffers and the extensive setbacks set forth in the Petitioner's approved plans and commitments. Per the terms of the Petitioner's commitments, additional safeguards and protections are provided including, without limitation, extensive setbacks and buffers in excess of the requirements of the Zoning Ordinance, limitations of hours of certain operations, and lighting restrictions. Additionally, by the Petitioner's commitments, and subject only to limited exceptions set forth in the commitments, the Michigan Road Overlay has been expanded to encompass the entirety of the subject real estate. 3. The proposed uses 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 uses will affect neighborhood integrity because: FOF -DP The uses allowed by the Petitioner's proposed commitments are permitted uses under the B -3 Business district, and are consistent and compatible with the Michigan Road corridor and other commercial uses in the vicinity. Additionally, and particularly in light of the Petitioner's proposed buffers, set backs and commitments, the uses allowed under the Petitioner's proposed commitments are of an intensity that is less than equal to the intensity of some of the uses enumerated under the original commitments made in 1988 in connection with the rezoning the subject real estate. In this context, neighborhood integrity is maintained by substantially insulating adjacent residential uses, beyond the requirements of the B -3 Business District, through the incorporation of the wall, the significant buffers and the extensive setbacks set forth in the Petitioner's approved plans and commitments. In addition, per the terms of the Petitioner's commitments, further safeguards and protections are provided including, without limitation, extensive setbacks and buffers in excess of the requirements of the Zoning Ordinance, limitations of hours of certain operations, and lighting restrictions. Further, by the Petitioner's commitments, and subject only to limited exceptions set forth in the commitments, the Michigan Road Overlay has been expanded to encompass the entirety of the subject real estate. 4. The proposed uses will not injuriously or adversely affect the adequacy and availability of water, sewage and storm drainage facilities and police and fire protection because: The Petitioner, per the terms and conditions of the Petitioner's commitments, had agreed to design its sanitary sewer system and to extend a sanitary sewer lateral in a manner that makes sanitary sewer more accessible for the residents of the Woodhaven subdivision. Additionally, (i) water is available and the adequacy of water will not be diminished by reason of the proposed development, (ii) storm drainage facilities have been determined by the Technical Advisory Committee to be adequate. and (iii) members of the police and fire departments have reviewed this matter and have expressed no concerns regarding police and fire protection. 5. The proposed uses will not adversely affect vehicular and pedestrian traffic in and around the premises upon which the proposed uses because: The proposed uses will require the widening of Michigan Road and, additionally, the interconnectivity within proposed development provides for efficient vehicular circulation. Further, the proposed development complies with applicable ordinances regarding pedestrian traffic and sufficiently provides for adequate circulation of pedestrian traffic.