HomeMy WebLinkAboutRemonostrance Packet - Indianapolis Water 07-13-11 Indianapolis
Serving Central Indiana
8910
July 13, 2011 44,
City of Carmel Plan Commission ev "4
Department of Community Services
4Vi
One Civic Square 0 w
Carmel, Indiana 46032 4
ATTN: Mike Hollibaugh cs
RE: Department of Waterworks of the City of Indianapolis "DOW
Legacy Project (Southwest Corner of 146 and River Road)
Opposition to Development Plan for Gas Station Convenience Store Car Wash
Docket No. 10110012 DP /ADLS (Legacy PUD Turkey Hill Minit Market)
Dear Mr. Hollibaugh:
DOW is providing this letter to re -affirm its opposition to the Turkey Hill Minit Market gas station,
convenience store and carwash proposed to be located within the Legacy project (collectively, the "Gas
Station as previously stated in DOW's letters to the Carmel Plan Commission dated January 14, 2011 and
June 15, 2011, all of which are incorporated herein by this reference, along with comments made during the
June 21s Plan Commission hearing.
Please note that DOW is not opposing the companion Docket No. 10110013 ZW (waiver of setback)
in connection with the proposed Development Plan.
Plan Commission Authority
The Carmel Plan Commission has the express authority to deny the Development Plan associated
with Docket No. 10110012 DP /ADLS: Legacy PUD Turkey Hill Minit Market, at 7729 East 146 Street
(the "Development Plan pursuant to Chapter 24 of the Carmel Zoning Ordinance (the "Ordinance In
support of this position, please note the following attachments:
Tab 1: Copy of Chapter 24 of the Ordinance (Development Plan), with applicable text highlighted.
Tab 2: Specific provisions of the Comprehensive Plan applicable to protection of the White River
aquifer, with applicable text highlighted.
Department of Waterworks
1220 Waterway Boulevard
Indianapolis, Indiana 46202
www. indianapoliswater. com
Department of Waterworks, City of Indianapolis ("DOW")
Legacy PUD (Turkey Hill Minit Market)
Docket No.: 10110012 DP /ADLS
July 13, 2011
Page 2 of 2
Tab 3: Proposed Findings of Fact supporting denial of the Development Plan. For ease of reference
we have included text from Sections 24.02 (Development Plan) and Section 24.99
(Procedures for Submission and Review) of the Ordinance above proposed findings of fact
that are applicable to each highlighted provision.
DOW believes that approval and subsequent operation of a fueling station at this location poses
an unreasonable risk of groundwater contamination and that such use is not consistent with the City of
Carmel Comprehensive Plan, recommends against approval, and respectfully requests that the Plan
Commission deny the Development Plan associated with Docket No. 10110012 DP /ADLS. Thank you.
Sincerely,
9
Matthew Klein, Executive Director
Department of Waterworks
City of Indianapolis
Attachments:
Tab 1: Chapter 24 of Ordinance (Development Plan)
Tab 2: Selected Comprehensive Plan Provisions
Tab 3: Proposed Findings of Fact
1591959.7
TAB 1
CITY OF CARMEL ZONING ORDINANCE
CARMEL CITY CODE
CHAPTER 10: ZONING SUBDIVISIONS
ARTICLE 1: ZONING CODE
CARMEL ZONING ORDINANCE
CHAPER 24: DEVELOPMENT PLAN AND ARCHITECTURAL DESIGN, EXTERIOR LIGHTING, LANDSCAPING
SIGNAGE REGULATIONS
24.00 Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage Regulations.
24.01 Purpose Intent.
24.02 Development Plan.
24.03 Architectural Design, Exterior Lighting, Landscaping Signage.
24.99 Procedures for Submission and Review.
24.00 Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
Regulations.
24.01 Purpose Intent.
Development Plan (DP) and /or Architectural Design, Exterior Lighting, Landscaping Signage (ADLS) approval by the
Commission shall be necessary prior to the establishment of any Use or Building, so cited by the district regulations herein,
or the issuance of an Improvement Location Permit for said Use or Building. Development Plan and /or Architectural
Design, Exterior Lighting, Landscaping Signage applications shall generally be considered favorably by the Commission.
24.02 Development Plan.
A. Development Requirements.
The Commission shall review a Development Plan application to determine if the Development Plan satisfies the
development requirements specified herein and in the applicable zoning district. The Commission's review shall
include but not be limited to the following items:
1. Compatibility of the development with surrounding land uses.
a. Consistency with the policies for the district as set forth in the Comprehensive Plan;
b. Surrounding zoning and existing land use;
c. Compatibility with existing platted residential uses; and
d. Compatibility of proposed project with existing development within the district.
2. Availability and coordination of:
a. The means and impact of water supply techniques;
b. The means and impact of sanitary sewers;
c. On -site and off -site surface and subsurface storm water drainage including drainage calculations;
and
d. Other on -site and off -site utilities.
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
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as amended per Z- 365 -01; Z- 453 -04; Z -530 -09
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CITY OF CARMEL ZONING ORDINANCE
3. Management of traffic in a manner that creates conditions favorable to health, safety, convenience, and the
harmonious development of the community such that:
a. The design and location of proposed street and highway access points minimize safety hazards
and congestion;
b. The capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic
that will be generated by the new development; and
c. The entrances, streets, and internal traffic circulation facilities in the Development Plan are
compatible with existing and planned streets and adjacent developments.
4. Building setback lines.
5. Building coverage.
6. Building separation.
7. Vehicle circulation.
a. Consistency with the policies for the district as set forth in the Thoroughfare Plan;
b. Dedication of streets and rights -of -way, and /or reservation of land to be sold to governmental
authorities for future development of streets and rights -of -way. In developments that adjoin or
include existing streets that do not conform to the minimum right -of -way dimensions as
established by the Thoroughfare Plan, the developer shall dedicate additional width along either
one or both sides or such streets of inadequate width so as to bring them up to standards, provided
the area to be used for widening is owned by the subdivider or under his control;
c. Location and character of streets;
d. Access to public streets;
e. Driveway and curb cut locations in relation to other sites;
f. Location and character of curbs and gutters;
g. General vehicular traffic;
h. Location and character of vehicle parking facilities;
i. Vehicular internal site circulation;
8. Pedestrian and bicycle circulation.
a. Consistency with the policies for the district as set forth in the Thoroughfare Plan;
b. Location and character of sidewalks, pedestrian trails, and bicycle paths;
c. Access to public sidewalks and multi -use paths;
d. General pedestrian and bicycle traffic;
e. Location and character of bicycle parking and storage facilities;
f. Pedestrian and bicycle internal site circulation.
9. Site landscaping and screening.
10. Height, scale, materials, and style of improvements.
11. Project signage.
12. Recreation space.
13. Exterior lighting.
14. Other requirements considered appropriate by the legislative body:
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
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as amended per Z- 365 -01; Z- 453 -04; Z- 530 -09
Summer 2009 vl
CITY OF CARMEL ZONING ORDINANCE
a. Existing site features, including topography and wooded areas;
b. Zoning on site;
c. Special and general easements for public or private use;
d. Protective restrictions and /or covenants.
B. Plan Documentation Supporting Information.
1. The location and character of the following:
a. Existing and proposed principal structures and accessory structures.
i. Exterior Elevations, Renderings, Etc. Exterior elevations, renderings depicting the
exterior materials to be used, and a list of exterior materials relating to all buildings and
other structures proposed in the area subject to Development Plan approval, together with
Architectural Design, Exterior Lighting, Landscaping and Signage Plans, shall be
submitted to the Commission in order to better define the intent of the proposed
development. The architectural design should reflect a unified design which is in
character and proper relationship with the surrounding area. Unless required by the
Commission, this Section shall not apply to detached, single family residences.
ii. Site Plan.
(a) Location of special and general easements for public or private use;
(b) Building setback lines;
(c) Building coverage;
(d) Building separation.
b. Utilities.
c. Signage.
i. Sign Plan. All exterior signage proposed to be located in the development, subject to
approval and obtaining of a Sign Permit prior to erection under the requirements of the
Sign Ordinance, shall be shown and conformance or nonconformance with said
Ordinance shall be so noted.
d. Landscaping.
i. Landscape Plan. A detailed plan of the existing and proposed landscaping showing
location, kind and caliper measurement size of trees, shrubbery and screening materials,
as appropriate and required by the Plan Commission.
2. The nature and intensity of uses in the development.
3. The condition and size of public thoroughfares and parking, vehicle, and pedestrian facilities.
a. Traffic Study. A traffic study to include a comparative analysis of present volumes on streets
bordering the development or with a direct bearing on the development versus potential capacity
volumes of those streets. Consideration should be made of the effect of the proposed
development and the traffic it would engender, particularly at peak periods. A Circulation Plan
should be included for all existing and proposed streets, both public and private, which will show
recommendations for controlling, signalizing, channelizing, parking, storing and warning both
pedestrian and vehicular traffic.
4. The location and capacity of drainage facilities and sewer systems serving the development.
a. Drainage Plan. Detailed drawings and Construction Plans for all elements of the storm water
drainage system, including curbs and gutters, storm sewers, open drainage waterways, drain tiles,
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
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as amended per Z-365-01; Z- 453 -04, Z- 530 -09
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CITY OF CARMEL ZONING ORDINANCE
culverts, retention reservoirs and other necessary appurtenances, shall be included. Among the
necessary items of information are locations, grades, sizes, capacity and typical cross sections of
the Drainage Plan elements. A report shall be included concerning:
i. Legal drains located in the development or relating to the development,
ii. The flooding potential of the development,
iii. The design of the storm water system to deal with such flooding potential, and
iv. The expected impact of the development's storm water runoff on any receiving stream or
downstream property.
Where flood plains as indicated by FP, FF or FW Districts herein, are involved, a statement from
the Indiana Natural Resources Commission to the extent it has jurisdiction shall be required with
respect to location of floodways and flood plains.
5. Other information considered appropriate by the legislative body.
a. Metes Bounds Description. An accurate metes and bounds description of the boundary of the
tract that is subject to Final Development Plan approval.
b. Covenants, Conditions Restrictions. A list of the covenants, conditions, and restrictions, if any,
which will run with the land and affect the use of the property within the area subject to Final
Development Plan approval. The approved covenants shall be recorded with the Recorder of
Hamilton County, Indiana.
c. Erosion Control Sedimentation Plan. A statement and plan setting forth the method of
controlling erosion and sedimentation before, during and following development and construction,
e.g., temporary seeding, sediment detention basins, erosion prevention devices and other similar
means, that meet the Hamilton County Soil Water Conservation District guidelines for urban
development.
d. Lighting Plan. Specifics are required concerning the easements, locations, size, height, type,
intensity and illuminance of proposed street and outdoor lighting.
e. Service Reports. Service reports or statements, as necessary, may include but not be limited to the
following sources:
i. City, County or State highway departments;
ii. Indiana Natural Resources Commission;
iii. Board of Public Works Safety;
iv. member organizations of the Technical Advisory Committee.
f. Other Construction Plans. Other specific Construction Plans shall be submitted as necessary
detailing information on, but not limited to, streets, lighting, sanitary sewer system, storm water
drainage system, curbs and gutters, sidewalks and the related appurtenances. The required
information shall include locations, grades, sizes, capacities, typical cross sections and so forth.
These plans shall be drawn by a Registered Land Surveyor or a Professional Engineer licensed to
do business in the State of Indiana in accordance with State Statutes.
g. Construction Timetable. A construction timetable or schedule shall include the approximate
timing of completion and /or occupancy of the improvements proposed in the area subject to
Development Plan approval.
h. Deeds of Dedication. Certification of dedication of streets, rights -of -way and other public
property to the proper authorities, except so much thereof as are intended to remain private.
Certificate of Commission Approval. Certificate of Approval by the Commission shall be on each
and every sheet of the Development Plan.
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
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as amended per Z- 365 -01; Z- 453 -04; Z- 530 -09
Summer 2009 vl
CITY OF CARMEL ZONING ORDINANCE
24.03 Architectural Design, Exterior Lighting, Landscaping and Signage.
A. Development Requirements.
The Commission shall review an Architectural Design, Exterior Lighting, Landscaping and Signage application to
determine if the Architectural Design, Exterior Lighting, Landscaping and /or Signage satisfy the development
requirements specified herein and in the applicable zoning district. The Commission's review shall include but not
be limited to the following items:
1. Compatibility of the development with surrounding land uses.
a. Consistency with the policies for the district as set forth in the Comprehensive Plan;
b. Surrounding zoning and existing land use;
c. Compatibility with existing platted residential uses; and
d. Compatibility of proposed project with existing development within the district.
2. Pedestrian and bicycle circulation.
a. Consistency with the policies for the district as set forth in the Thoroughfare Plan;
b. Location and character of sidewalks, pedestrian trails, and bicycle paths;
c. Access to public sidewalks and multi -use paths;
d. General pedestrian and bicycle traffic;
e. Location and character of bicycle parking and storage facilities;
f. Pedestrian and bicycle internal site circulation.
3. Site landscaping and screening.
4. Height, scale, materials, and style of improvements.
5. Project signage.
6. Exterior lighting.
7. Other requirements considered appropriate by the legislative body:
a. Existing site features, including topography and wooded areas;
b. Zoning on site;
c. Special and general easements for public or private use;
d. Protective restrictions and /or covenants.
B. Plan Documentation Supporting Information.
1. The location and character of the following:
a. Existing and proposed principal structures and accessory structures.
i. Exterior Elevations, Renderings, Etc. Exterior elevations, renderings depicting the
exterior materials to be used, and a list of exterior materials relating to all buildings and
other structures proposed in the area subject to Architectural Design, Exterior Lighting,
Landscaping and Signage approval, together with Plans, shall be submitted to the
Commission in order to better define the intent of the proposed development. The
architectural design should reflect a unified design which is in character and proper
relationship with the surrounding area. Unless required by the Commission, this Section
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
24 -5
as amended per Z- 365 -01; Z- 453 -04; Z- 530 -09
Summer 2009 v l
CITY OF CARMEL ZONING ORDINANCE
shall not apply to detached, single- family residences.
ii. Site Plan.
(a) Location of special and general easements for public or private use;
(b) Building setback lines;
(c) Building coverage;
(d) Building separation.
b. Utilities.
c. Signage.
i. Sign Plan. All exterior signage proposed to be located in the development, subject to
approval and obtaining of a Sign Permit prior to erection under the requirements of the
Sign Ordinance, shall be shown and conformance or nonconformance with said
Ordinance shall be so noted.
d. Landscaping.
i. Landscape Plan. A detailed plan of the existing and proposed landscaping showing
location, kind and caliper measurement size of trees, shrubbery and screening materials,
as appropriate and required by the Plan Commission.
e. Exterior Lighting.
i. Lighting Plan. Specifics are required concerning the easements, locations, size, height,
type, intensity and illuminance of proposed street and outdoor lighting.
2. The nature and intensity of uses in the development.
3. Other information considered appropriate by the legislative body.
a. Covenants, Conditions Restrictions. A list of the covenants, conditions, and restrictions, if any,
which will run with the land and affect the use of the property within the area subject to
Architectural Design, Exterior Lighting, Landscaping and Signage approval. The approved
covenants shall be recorded with the Recorder of Hamilton County, Indiana.
b. Other Construction Plans. Other specific Construction Plans shall be submitted as necessary
detailing information on, but not limited to, streets, lighting, sanitary sewer system, storm water
drainage system, curbs and gutters, sidewalks and the related appurtenances. The required
information shall include locations, grades, sizes, capacities, typical cross sections and so forth.
These plans shall be drawn by a Registered Land Surveyor or a Professional Engineer licensed to
do business in the State of Indiana in accordance with State Statutes.
24.99 Procedures for Submission and Review.'
A. Development Plan.
1. Pre- Application Consultation with the Director.
Applicants shall meet with the Director to review the zoning classification of their site, review the
regulatory ordinances and materials, review the procedures and examine the proposed use and development
of the property. The Director shall aid and advise the applicant in preparing his application and supporting
documents as necessary.
Section 24.99 amended per Ordinance Z- 530 -09 §k -1.
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as amended per Z- 365 -01; Z- 453 -04; Z- 530 -09
Summer 2009 vl
CITY OF CARMEL ZONING ORDINANCE
2. Application.
a. Director. The applicant shall submit to the Director:
i. Two (2) copies of the written application form;
ii. Two (2) copies of the Existing Features Site Analysis Plan;
iii. Two (2) copies of the Development Plan;
iv. As well as two (2) copies of all necessary supporting documents and materials.
b. Technical Advisory Committee. The applicant shall submit the following to the members of the
Technical Advisory Committee (TAC):
i. One (1) copy of the written application form;
ii. One (1) copy of the Existing Features Site Analysis Plan;
iii. One (1) copy of the Development Plan;
iv. As well as one (1) copy of all necessary supporting documents and materials.
c. Initial Review of the Application and Supporting Documents and Materials.
i. Director. Following the receipt of the written application, Development Plan, and
necessary supporting documents and /or materials, the Director shall review the materials
for the sole purpose of determining whether the application is complete and in technical
compliance with all applicable ordinances, laws and regulations.
ii. Technical Advisory Committee. Following the receipt of the written application,
Development Plan, and necessary supporting documents and /or materials, the Director
shall place the application on the agenda of the Technical Advisory Committee.
d. Submittal to the Commission.
i. If the materials submitted by the applicant are not complete or do not comply with the
necessary legal requirements, the Director shall inform the applicant of the deficiencies
in said materials.
Unless and until the Director formally accepts the application as complete and in legal
compliance, it shall not be considered as formally filed for the purpose of proceeding to
succeeding steps toward approval as hereinafter set forth.
ii. If the materials submitted by the applicant are determined to be complete and in
compliance, the Director shall forward the materials to the Commission. Within thirty
(30) days of the formal acceptance of the Development Plan application, the Director
shall formally file the application by:
(a) Assigning a docket number;
(b) Setting a date and time for a public hearing; and
(c) Placing it upon the agenda of the Commission according to the Commission's
Rules of Procedure.
iii. The applicant shall file for each Commission member a copy of the Existing Features
Site Analysis Plan, the Development Plan, and supporting documents and /or materials
pursuant to the Commission's Rules of Procedure.
3. Fees. See Section 29.06.
4. Public Notice. The applicant shall be responsible for the cost and publication of the required published
legal notification of the public hearing. The applicant shall also notify all interested parties and property
owners as required by the Commission's Rules of Procedure.
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
24 -7
as amended per Z- 365 -01; Z- 453 -04; Z- 530 -09
Summer 2009 vi
CITY OF CARMEL ZONING ORDINANCE
5. Public Hearing by the Commission. The conduct of the public hearing shall be in accordance with the
Commission's Rules of Procedure. Following the public hearing, the Development Plan shall be reviewed
by the Commission.
6. Review. The Commission shall review a Development Plan to determine if the Development Plan:
a. Is consistent with the Comprehensive Plan; and
b. Satisfies the development requirements specified in the Zoning Ordinance.
7. Approval.
a. In determining whether approval shall be granted, the Commission shall consider generally if the
Development Plan:
i. Creates and maintains a desirable, efficient and economical use of land with high
functional and aesthetic value, attractiveness and compatibility of land uses, within the
District and with adjacent uses;
ii. Provides sufficient and well designed access, parking and loading areas;
iii. Provides traffic control and street plan integration with existing and planned public
streets and interior access roads;
iv. Provides adequately for sanitation, drainage and public utilities; and
v. Allocates adequate sites for all uses proposed, the design, character, grade, location and
orientation thereof being appropriate for the uses proposed, logically related to existing
and proposed topographical and other conditions, and consistent with the Comprehensive
Plan.
b. In determining whether approval shall be granted, the Commission may:
i. Impose conditions on the approval of a Development Plan if the conditions are
reasonably necessary to satisfy the development requirements specified in the Zoning
Ordinance for approval of the Development Plan.
ii. Provide that approval of a Development Plan is conditioned on the furnishing to the
Commission of a bond or written assurance that:
(a) Guarantees the timely completion of a proposed public improvement in the
proposed development; and
(b) Is satisfactory to the Commission.
iii. Permit or require the owner of real property to make a written commitment.
c. Time Limit. An approved Development Plan shall be valid for three (3) years from the date of
approval. Upon written application to the Director before the expiration of said approval, and
upon good cause shown, the Director may issue a single extension of the approval for a period not
to exceed six (6) months.
d. If the Development Plan is substantially or materially altered in any way, resubmission to the
Commission is required.
e. If a Development Plan petition is denied, the Commission shall provide the applicant with a
written copy of the findings -of -fact, if requested.
f. and other matters relevant to review.
8. Amendment.
a. Requirements. See Section 24.02.
b. Fees. See Section 29.06.
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
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as amended per Z-365-0I; Z- 453 -04; Z- 530 -09
Summer 2009 v 1
CITY OF CARMEL ZONING ORDINANCE
c. Public Notice. See §A(4).
d. Public Hearing. See §A(5).
e. Review. See §A(6).
f. Approval. See §7 above.
g. and other matters relevant to review.
B. Architectural Design, Exterior Lighting, Landscaping Signage.
1. Pre Application Consultation with the Director.
Applicants shall meet with the Director to review the zoning classification of their site, review the
regulatory ordinances and materials, review the procedures and examine the proposed use and development
of the property. The Director shall aid and advise the applicant in preparing his application and supporting
documents as necessary.
2. Application.
a. Director. The applicant shall submit to the Director:
i. Two (2) copies of the written application form;
ii. Two (2) copies of the Existing Features Site Analysis Plan;
iii. Two (2) copies of the Exterior Elevations and /or Renderings;
iv. Two (2) copies of the Lighting Plan;
v. Two (2) copies of the Landscape Plan;
vi. Two (2) copies of the Signage Plan;
vii. As well as two (2) copies of all necessary supporting documents and materials.
b. Technical Advisory Committee. The applicant may be required to submit the following to the
members of the Technical Advisory Committee (TAC):
i. One (1) copy of the written application form;
ii. One (1) copy of the Existing Features Site Analysis Plan;
iii. One (1) copy of the Exterior Elevations and/or Renderings;
iv. One (1) copy of the Lighting Plan;
v. One (1) copy of the Landscape Plan;
vi. One (1) copy of the Signage Plan;
vii. As well as one (1) copy of all necessary supporting documents and materials.
c. Initial Review of the Application and Supporting Documents and Materials.
i. Director. Following the receipt of the written application, Plans, and necessary
supporting documents and /or materials, the Director shall review the materials for the
sole purpose of determining whether the application is complete and in technical
compliance with all applicable ordinances, laws and regulations.
ii. Technical Advisory Committee. Following the receipt of the written application, Plans,
and necessary supporting documents and /or materials, the Director shall place the
application on the agenda of the Technical Advisory Committee.
d. Submittal to the Commission.
i. If the materials submitted by the applicant are not complete or do not comply with the
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
24 -9
as amended per Z- 365 -01; Z- 453 -04; Z- 530 -09
Summer 2009 v 1
CITY OF CARMEL ZONING ORDINANCE
necessary legal requirements, the Director shall inform the applicant of the deficiencies
in said materials.
Unless and until the Director formally accepts the application as complete and in legal
compliance, it shall not be considered as formally filed for the purpose of proceeding to
succeeding steps toward approval as hereinafter set forth.
ii. If the materials submitted by the applicant are determined to be complete and in
compliance, the Director shall forward the materials to the Commission. Within thirty
(30) days of the formal acceptance of the Architectural Design, Exterior Lighting,
Landscaping and Signage application, the Director shall formally file the application by:
(a) Assigning a docket number;
(b) Setting a date and time for Commission review; and
(c) Placing it upon the agenda of the Commission according to the Commission's
Rules of Procedure.
iii. The applicant shall file for each Commission member a copy of the Existing Features
Site Analysis Plan, the Plans, and supporting documents and /or materials pursuant to the
Commission's Rules of Procedure.
3. Fees. See Section 29.06.
4. Review. The Commission shall review an ADLS to determine if the ADLS:
a. Is consistent with the Comprehensive Plan; and
b. Satisfies the development requirements specified in the Zoning Ordinance.
5. Approval.
a. In determining whether approval shall be granted, the Commission shall consider generally if the
Architectural Design, Exterior Lighting, Landscaping and Signage:
i. Creates and maintains a desirable, efficient and economical use of land with high
functional and aesthetic value, attractiveness and compatibility of land uses, within the
District and with adjacent uses;
ii. Provides sufficient and well- designed access, parking and loading areas; and
iii. Allocates adequate sites for all uses proposed, the design, character, grade, location and
orientation thereof being appropriate for the uses proposed, logically related to existing
and proposed topographical and other conditions, and consistent with the Comprehensive
Plan.
b. In determining whether approval shall be granted, the Commission may:
i. Impose conditions on the approval of an Architectural Design, Exterior Lighting,
Landscaping and Signage if the conditions are reasonably necessary to satisfy the
development requirements specified in the Zoning Ordinance for approval of the
Architectural Design, Exterior Lighting, Landscaping and Signage.
ii. Permit or require the owner of real property to make a written commitment.
c. Time Limit. An approved Architectural Design, Exterior Lighting, Landscaping and Signage
shall be valid for three (3) years from the date of approval. Upon written application to the
Director before the expiration of said approval, and upon good cause shown, the Director may
issue a single extension of the approval for a period not to exceed six (6) months.
d. If the Architectural Design, Exterior Lighting, Landscaping and /or Signage is substantially or
materially altered in any way, resubmission to the Commission is required.
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
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as amended per Z- 365 -01; Z- 453 -04; Z- 530 -09
Summer 2009 v 1
CITY OF CARMEL ZONING ORDINANCE
e. and other matters relevant to review.
6. Amendment.
a. Requirements. See Section 24.03.
b. Fees. See Section 29.06.
c. Review. See §A(6).
d. Approval. See §7 above.
e. and other matters relevant to review.
C. Appeals.
1. Authority. The Commission may hear, review and determine appeals taken from any order, requirements,
decision or determination made by a Hearing Officer or Committee authorized to approve the Development
Plan or any portion thereof.
2. Filing Deadline. All appeals shall be filed with the Director within thirty (30) days of the action to be
appealed.
3. Appeal Procedure.
a. Consultation with the Director and Application. Appellants shall meet with the Director in order
to examine the nature of the proposed appeal, review the regulatory ordinances and materials, and
review the appeal procedures. The Director shall aid the appellant in preparing his application
and supporting documents as necessary. The appellant shall then submit two (2) copies of the
written application form and all necessary supporting documents and materials.
b. Initial Review of the Application and Supporting Documents and Materials by the Director;
Submission to the Commission. Following the receipt of the written appeal application and
necessary supporting documents and materials by the Director, he shall then review the materials
solely for the purpose of determining whether the application is complete, is in technical
compliance with all applicable ordinances, laws and regulations and is to be forwarded to the
Commission. If the materials submitted by the appellant are not complete, or do not comply with
the necessary legal requirements, the Director shall inform the appellant of the deficiencies in his
materials. Unless and until the Director formally accepts the appeal application as complete and
in legal compliance it shall not be considered as formally filed for the purpose of proceeding to
the succeeding steps toward Commission consideration of the appeal as hereinafter set forth. The
application is formally filed when it is placed upon the Commission agenda by the Director
according to the Commission's Rules of Procedure.
c. Public Hearing by the Commission. Once the Director has accepted and filed the appeal
application with the Commission, he shall assign a docket number and set a date and time for a
public hearing as required by the Rules of Procedure of the Commission. The appellant shall be
responsible for the cost and publication of the required published legal notification of the public
hearing. The appellant shall also notify all interested parties and property owners as required by
the Rules of Procedure of the Commission. The conduct of the public hearing shall be in
accordance with the Commission's Rules of Procedures.
d. Approval or Denial of the Appeal by the Commission. Following the public hearing on the
appeal, the Commission shall approve, approve with conditions, or deny the appeal. In exercising
its powers, the Commission may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed as in its opinion ought to be done on the
premises, and to that end shall have all the powers of the Hearing Officer or Committee from
whom the appeal is taken. Upon reaching a decision on the appeal request, the Commission shall
enter into its records the reasons for its decision and shall provide the appellant with a copy of
said reasons, if requested. The Commission shall inform the Director and the appellant of its
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
24 -11
as amended per Z- 365 -01; Z- 453 -04; Z- 530 -09
Summer 2009 vl
CITY OF CARMEL ZONING ORDINANCE
decision, including all conditions contained as a part thereof. All further actions taken by the
appellant or the Director concerning the item that was appealed, including the issuance of
Improvement Location Permits, shall be subject to said ruling of the Commission.
4. Stay of Work.
When an appeal from Hearing Officer or Committee has been filed with the Commission, all proceedings
and work on the premises upon which the appeal has been filed shall be stayed unless Hearing Officer or
Committee from whom the appeal was taken shall certify to the Commission that, by reason of facts stated
in the certificate, a stay would cause immediate peril to life or property. In such case, proceedings or work
shall not be stayed except by a restraining order which may be granted by the Commission or by a court of
competent jurisdiction, on notice to Hearing Officer or Committee from whom the appeal is taken and the
owner or proprietor of the premises affected and on due cause shown. After the owner, his agent and /or a
person or corporation in charge of the work on the premises affected has received notice, the Director shall
have full power to order such work discontinued or stayed and to call upon the police power of the City or
County to give full force and effect to the order.
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
24 -12
as amended per Z- 365 -01; Z- 453 -04; Z- 530 -09
Summer 2009 vl
CITY OF CARMEL ZONING ORDINANCE
CHAPTER 24: DEVELOPMENT PLAN AND ARCHITECTURAL DESIGN, EXTERIOR LIGHTING, LANDSCAPING
SIGNAGE REGULATIONS
AMENDMENT LOG
Ordinance No. Docket No. Council Approval Effective Date Sections Affected
Z- 365 -01 76 -01a OA November 5, 2001 November 27, 2001 24.02.04
Z- 453 -04 150 -02 OA August 16, 2004 August 16, 2004 Repealed Ch. 24;
Adopted as DP/
ADLS Regulations
Summer 2004 v 1
Z- 530 -09 09030015 OA July 20, 2009 July 20, 2009 24.99(A); 24.99(B)
Summer 2009 v 1
Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage
24 -13
as amended per Z- 365 -01; Z- 453 -04; Z- 530 -09
Summer 2009 vl
TAB 2
CIS PREFACE
as
FOUR CITY DISTRICTS East Carmel Characteristics
East Carmel is unique compared to the other three districts
because it typifies suburbia with curvilinear streets,
dominantly single family homes, and a small number of
Planning for Four Unique Districts employment or commercial developments. More specifically,
Historically, the City of Carmel and Clay Township was a the district contains a large number of neighborhoods with
homogeneous area consisting of farms, rural residential, custom -built homes and has very little integrated commercial
estate homes, small town residential, and small town development. Aside from the commercial corridor along
downtown commercial development. The construction of East 96th Street (the south boundary), there are two existing
1-465 (196O's) and S.R. 431/Keystone (196O's), and integrated commercial areas within this district: Brookshire
significant upgrades to U.S. 31 (197O's) in Clay Township Village Shoppes and Hazel Dell Corner. A third is planned
all led to an evolution of many types of development in the within the Legacy Town Center at 146th Street and River
City and Township. Road. There are also three commerce centers along 146th
Today the City has an urbanizing core, an employment Street just outside of Cannel, Bridgewater Shoppes, Cool
corridor, significant redevelopment sites, many styles of Creek Commons, and Noble West.
residential development and multiple commercial areas. East Carmel has a variety of recreational amenities including
The evolution of the City and township has also resulted in ten parks and an evolving river greenway. It also has three
distinguishable planning districts, golf courses. The Carmel Dads' Club owns and operates
To facilitate more effective planning, the City of Carmel Mark Badger Memorial Sports Park, and maintains a
recognizes the uniqueness of four districts; East Cannel, partnership with Carmel Schools to help meet community
North Central Carmel, South Central Cannel and West recreation needs.
Cannel (see illustration below). The district boundaries The White River aquifer in East Carmel has provided
were determined by evaluating development form, physical the community with an abundance of high quality water
boundaries, and public input. resources; which has been effectively tapped by Carmel's
Although there are boundaries drawn on the map between water utility to serve the public need. Much of East Carmel
planning districts, it is not intended to be a "hard" division. falls within the aquifer and wellhead protection areas,
Rather, the reader should view the divisions as generally designed to ensure the safety and quality of this public
conceptual, reflective of how the community has evolved resource. Public and private decision making must give due
over the decades, and to help organize planning policy consideration to this important resource.
development and to guide decision- making. Therefore, The presence of quarry and aggregate mining operations
an area on the edge of one district would be evaluated along the White River creates the need to balance the
independently to determine which policies best fit that area. legitimate needs of the nearby residents and the quarry as a
supplier of material used for local construction. Sift
Locafiovt
W 146th St I 121 m E 146th Sf ilk 6 W141,ISt a a
m
a �a
E136th St CI CI
o ti
°c W 136th St °{K
3
W131s1 St E 131s75t
IF North
W126ms' r Central East
West Carmel
W 121st St tmPi o� C armel
Carmel 1
1 116th St W116Ih 51 'TC
1111 E111th St
l
s
South
W 106th St E 706th St
z Central
o i� Carmel u
3
ti W 96th 51 _llllll� E 96th St
i
CARMEL CLAY COMPREHENSIVE PLAN 7
CIS PART l: COMMUNITY PROFILE
1
MN
OBJECTIVE PROFILE Demographic Information
The following demographic information relates to the City
of Carmel, the surrounding communities, and the State of
Indiana. All census information was gathered by the Indiana
Environmental Conditions State Library and all non census information was prepared
The following environmental features exist in the City's by the Department of Community Services.
planning jurisdiction.
The data presented in this section is dated due to the lack
River, Floodplains, and Riparian Areas: The most significant of current data available in 2008 and due to the limit on
environmental feature in the planning jurisdiction is the jurisdiction reporting (e.g. township data).
White River and its associated floodplain and riparian areas.
Situated on the eastern boundary of the planning jurisdiction, Population Growth: The City of Carmel has undergone tremen-
the river provides an opportunity for people to connect to the dous growth in the last 25 -year period. The population has
environment. The floodplain area of White River is fairly increased from 18,300 residents in 1980 to 68,700 in 2007.
extensive along its western bank. In certain segments this Area Population Growth
floodplain reaches nearly one -half mile from the centerline 70,000 1 68,/00
of the river and provides for the most extensive expanse of r=
Carmel (city only)
undeveloped and natural landscape in the township. 60,000 Westfield
Other streams and creeks traverse the planning jurisdiction 52,400
50,000 Noblesville
eventually draining into the White River. While Cool Creek
has been predominantly urbanized, its most basic floodway 40,000 Fishers
(special census has been preserved as a natural amenity. Williams Creek, Zionsville
west of Meridian Street, is another environmental corridor 30,000 I
that has large segments still undeveloped.
20,000
Wetlands: Another environmental feature associated with 13,450
maned zo.,
waterways that exists in the planning jurisdiction is wet- 10,000 ma�ed�oos, 12,350
lands. Several wetlands designated on the National Wetland
Inventory Maps exist within the planning jurisdiction. 0 i
Woodlands: A study conducted by the Indiana Department 1980 1990 2000 2010
of Transportation (INDOT) for U.S. 31 indicates that less Source: U.S. Census and Special Census
than 10% of Hamilton County remains as woodlands. Very The population distribution for the City of Carmel for the
few original woodland areas have survived in Carmel. Most
of these woodland concentrations occur along the White year 2007 is shown below. The largest segment of the City's
River or other streams and tributaries such as Cool Creek or population is the 5 to 14 (school age) year old range. The 35
Williams Creek. to 44 year old range ranks second with 45 to 54 year old's
ranking third.
Groundwater: Ground water is a significantly important
feature in Carmel as the water supply system for residents Age City of Carmel
PPY s Y 4.
comes from this source. The groundwater sources are found 85 years and over =7ao I
in the sand and gravel aquifer system of the West Fork of
75
the White River valley. Groundwater is available at depths J3, ao
65 b 74 years
of 50 to 400 feet in the glacial drift with wells yielding
55 to 64 years 7,n0
several hundred gallons per minute. The City of Carmel has I
45 b 54 years 11 460
designated areas around these wells as "wellhead protection I I
areas" to help protect the quality of the available drinking 35 to 44 years I 11,810
25 to 34 years 16,500
water.
15 b 24 years 18,490
5 to 14 years I 112,050
Under 5 years 4,89C
1
0 2,000 4,000 6,000 8,000 10,000 12,000 14,000
Source: 2007 Carmel Special Census
12 CITY OF CARMEL, INDIANA
C I°, PART 2: COMPREHENSIVE PLAN ESSENCE
as
Objective 7.1: Continue to protect regional surface and Policy 8: Inspire Healthful Living
ground water sources to ensure safe drinking water for Introduction: Inspiring healthful living is a response to the
Carmel and adjacent municipalities. Institute regulations obesity rate in Indiana and the Midwest, and also recognizes
that further protect the delineated wellhead protection areas increases in cancer rates, lung diseases, heart disease, and
from contaminants and land uses that have a higher risk of stress related disorders.
contaminating water resources. Objective 8.1: Strive to provide multiple types of facilities for
Objective 7.8: Set the precedent for environmentally sensitive exercise, opportunities to immerse oneself into nature, sport
buildings when developing municipal facilities by striving facilities and leagues, access to recreation programs, access
for the highest feasible level of LEED certification. Also to health education programs, and encouragement to succeed
encourage other public entities to achieve the same. in one's personal health goals.
Objective 7.9: Develop and maintain an Environmental Action Objective 8.2: Work corroboratively with local hospitals to
Plan to implement actions that reduce pollution, conserve offer outreach services, health and wellness clinics, screen
energy, and preserve the natural environment. ings, classes, smoking cessation programs, dietary support,
Objective 7.10: Explore the use of alternate sources of energy mental health clinics, immunization programs, and the like.
such as active solar, geothermal, and wind. Objective 8.3: Encourage mixed -use, compact development
Objective 7.11: Reduce heat island effect by preservation of making it easier for people to walk or ride their bicycles.
Carmel's urban forest and by encouraging the use surfaces This will provide a healthy lifestyle by providing the option
that retard the absorption of heat. for exercise in people's daily routines.
Objective 7.12: Increase effectiveness of wastewater treatment Objective 8.4: Develop programs and improve infrastructure
and discharge by combining master plans of both sanitary to encourage children to walk or ride their bicycles to
sewer districts. school. This will increase their physical activity, improve
their health, and will potentially reduce the automobile trips
Objective 7.13: Reduce unnecessary removal of trees on lots, made to and from school.
encourage preservation of mature trees, and require replace-
ment of trees that have to be removed for development. Objective 8.5: Promptly work to obtain park land while
undeveloped land is still available.
Objective 7.14: Promote the movement toward sustainable
development and architecture. Encourage land develop-
ments and building designs that use or reuse land responsi-
bly by discouraging patterns of sprawl, conserving potable
water, reducing energy consumption, and utilizing reusable
or recyclable materials. Encourage architects and designers
to use green design standards, such as LEED (Leadership in
Energy and Environmental Design), to promote sustainable
and healthful buildings and neighborhoods for people to
shop, work, eat, recreate, and live.
Objective 7.15: Due to increasing interest in redeveloping
previously developed areas, the City would like to conduct
inventories, analyses, and cleanups of its brownfields. This
will serve to facilitate redevelopment in several areas, as
well as making the City healthier and more sustainable. The
City will also be working with citizens and professionals to
identify and prioritize brownfields.
CARMEL CLAY COMPREHENSIVE PLAN 21
TAB 3
City of Carmel Plan Commission
Docket No. 10110012 DP /ADLS (Legacy PUD Turkey Hill Minit Market)
PROPOSED FINDINGS OF FACT
SUPPORTING DENIAL OF DEVELOPMENT PLAN
1. Whether the proposed Development Plan satisfies applicable development requirements
specified in Section 24.02 (Development Plan) and Section 24.99 (Procedures for
Submission and Review) of the Carmel Zoning Ordinance and in the applicable zoning
district (Legacy PUD) as set forth in the Comprehensive Plan.
Section 24.01 Purpose Intent.
Development Plan (DP) and /or Architectural Design, Exterior Lighting, Landscaping
Signage (ADLS) approval by the Commission shall be necessary prior to the
establishment of any Use or Building, so cited by the district regulation herein, or the
issuance of an Improvement Location Permit for said Use or Building. Development
Plan and /or Architectural Design, Exterior Lighting, Landscaping Signage applications
shall generally be considered favorably by the Commission. [emphasis added]
Section 24.02 Development Plan.
A. Development Requirements.
The Commission shall review a Development Plan application to determine if
the Development Plan satisfies the development requirements specified herein
and in the applicable zoning district. The Commission's review shall include
but not be limited to the following items:
1 Compatibility of the development with surrounding land uses.
a. Consistency with the policies for the district as set forth in the
Comprehensive Plan
FINDING: The Plan Commission finds that the policies set forth in the
Comprehensive Plan for the East Carmel District are those policies applicable to the
proposed Development Plan.
FINDING: The Plan Commission expressly finds that the proposed Development
Plan is not consistent with that portion of the Comprehensive Plan referenced
below, and that the Development Plan fails to give due consideration to protection of
the White River aquifer:
"The White River aquifer in East Carmel has provided the community with
an abundance of high quality water resources which has been effectively
tapped by Carmel's water utility to serve the public need. Much of East
Carmel falls within the aquifer and wellhead protection areas, designed to
ensure the safety and quality of this public resource. Public and private
decision making must give due consideration to this important resource."
[emphasis added] (City of Carmel Comprehensive Plan, Preface to the East
Carmel Characteristics)
Page 1 of 9
1598333
FINDING: The Plan Commission expressly finds that the proposed Development
Plan is not consistent with that portion of the Comprehensive Plan referenced
below, and that the Development Plan fails to give due consideration to protection of
the White River aquifer and the nature of the soils present on the subject property:
"Groundwater: Ground water is a significantly important feature in Carmel
as the water supply system for residents comes from this source. The
groundwater sources are found in the sand and gravel aquifer system of the
West Fork of the White River valley. Groundwater is available at depths of
50 to 400 feet in the glacial drift with wells yielding several hundred gallons
per minute. The City of Carmel has designated areas around these wells as
"wellhead protection areas" to help protect the quality of the available
drinking water." [emphasis added] (City of Carmel Comprehensive Plan,
Environmental Conditions section [Part 1: Community Profile])
FINDING: The Plan Commission expressly finds that the proposed Development
Plan is not consistent with the goals, objectives and policies of the Comprehensive
Plan for the East Carmel District because the Development Plan contemplates
installation of underground storage tanks and associated improvements that create
significant potential for contamination of the White River aquifer and which are
inappropriate at this location based upon: (A) the physical characteristics of the
district (Legacy PUD) and adjoining property; (B) the anticipated future
development within the district (Legacy PUD) and upon adjoining property; and
(C) current uses of the district (Legacy PUD) and adjoining property.
FINDING: The Plan Commission specifically adopts the findings referenced in the
report issued by KERAMIDA Inc. dated June 14, 2011 (attached to the June 15,
2011 letter of opposition provided by the Department of Waterworks of the City of
Indianapolis "DOW in support of its finding that the Development Plan is not
consistent with the Comprehensive Plan.
FINDING: The Plan Commission expressly finds that the proposed Development
Plan does not satisfy the development requirements found in Section 24.02 A.1.a of
Chapter 10, Article 1, Chapter 24 of the Carmel Zoning Ordinance, and expressly
finds that the Development Plan and the proposed development is not compatible
with surrounding land uses (including surrounding agricultural, residential and
other uses).
FINDING: The Plan Commission expressly finds that the Development Plan does
not reflect responsible standards for growth and development, does not further the
purposes of the Comprehensive Plan, and does not compliment existing land uses.
Page 2 of 9
1598333
Section 24.02 Development Plan.
A. Development Requirements.
The Commission shall review a Development Plan application to determine if
the Development Plan satisfies the development requirements specified herein
and in the applicable zoning district. The Commission's review shall include
but not be limited to the following items:
1. Compatibility of the development with surrounding land uses.
b. Surrounding zoning and existing land use
FINDING: The Plan Commission expressly finds that the proposed Development
Plan does not satisfy the development requirements found in Section 24.02 A.1.b of
Chapter 10, Article 1, Chapter 24 of the Carmel Zoning Ordinance, and expressly
finds that the development plan and proposed development is not compatible with
surrounding land uses (including, without limitation, surrounding agricultural and
residential uses).
Page 3 of 9
1598333
Section 24.02 Development Plan.
A. Development Requirements.
The Commission shall review a Development Plan application to determine if
the Development Plan satisfies the development requirements specified herein
and in the applicable zoning district. The Commission's review shall include
but not be limited to the following items:
1. Compatibility of the development with surrounding land uses.
c. Compatibility with existing platted residential uses; and
FINDING: The Plan Commission expressly finds that the proposed Development
Plan does not satisfy the development requirements found in Section 24.02 A.1.c of
Chapter 10, Article 1, Chapter 24 of the Carmel Zoning Ordinance, and expressly
finds that the development plan and proposed development is not compatible with
platted residential uses located both within the district (Legacy PUD) and in the
East Carmel District.
Page 4 of 9
1598333
Section 24.02 Development Plan
A. Development Requirements.
The Commission shall review a Development Plan application to determine if
the Development Plan satisfies the development requirements specified herein
and in the applicable zoning district. The Commission's review shall include
but not be limited to the following items:
1. Compatibility of the development with surrounding land uses.
d. Compatibility of proposed project with existing development
within the district
FINDING: The Plan Commission expressly finds that the proposed Development
Plan does not satisfy the development requirements found in Section 24.02 A.1.d of
Chapter 10, Article 1, Chapter 24 of the Carmel Zoning Ordinance, and expressly
finds that the development plan and proposed development is not compatible with
existing residential development within the district (Legacy PUD) and in the East
Carmel District.
Page 5 of 9
1598333
Section 24.99 Procedures for Submission and Review.
A. Development Plan.
6. Review. The Commission shall review a Development Plan to determine
if the Development Plan:
a. Is consistent with the Comprehensive Plan; and
b. Satisfies the development requirements specified in the Zoning
Ordinance
FINDING: The Plan Commission expressly finds that the proposed Development
Plan is not consistent with the Comprehensive Plan because the Development Plan
contemplates installation of underground storage tanks and associated
improvements that create significant potential for contamination of the White River
aquifer which is inappropriate at this location based upon the physical
characteristics of the subject property located in the East Carmel District.
Page 6 of 9
1598333
Section 24.99 Procedures for Submission and Review.
A. Development Plan.
7. Approval.
a. In determining whether approval shall be granted, the Commission
shall consider generally if the Development Plan:
i. Creates and maintains a desirable, efficient and economical use of
land with high functional and aesthetic value, attractive and
compatibility of land uses, within the District and with adjacent
uses;
FINDING: The Plan Commission expressly determines that approval of the
Development Plan should be denied, pursuant to Section 24.99A.7.a.i. of Chapter 10,
Article 1, Chapter 24 of the Carmel Zoning Ordinance, because the Plan
Commission has determined that the Development Plan generally does not create
and maintain a desirable use of land that is compatible with land uses within the
district (Legacy PUD) and with adjacent uses.
Page 7 of 9
1598333
Section 24.99 Procedures for Submission and Review.
A. Development Plan.
7. Approval.
a. In determining whether approval shall be granted, the Commission
shall consider generally if the Development Plan:
v. Allocates adequate sites for all uses proposed, the design, character,
grade, location and orientation thereof being appropriate for the
uses proposed, logically related to existing and proposed
topographical and other conditions, and consistent with the
Comprehensive Plan;
FINDING: The Plan Commission expressly determines that approval of the
Development Plan should be denied, pursuant to Section 24.99A.7.a.v. of Chapter
10, Article 1, Chapter 24 of the Carmel Zoning Ordinance, because the Plan
Commission has determined that the Development Plan generally does not create
and maintain a desirable use of land that: (A) allocates adequate sites for all uses
proposed, the design, character, grade, location and orientation thereof being
appropriate for the uses proposed in a manner that is logically related to existing
and proposed topographical and other conditions (including, without limitation, the
presence of the White River aquifer within the district and adjoining property, the
types of soils present within the district and adjoining property, topography of the
district and adjoining property, and similar factors); and (B) is consistent with the
Comprehensive Plan.
Page 8 of 9
1598333
Section 24.99 Procedures for Submission and Review.
A. Development Plan.
7. Approval.
f. and other matters relevant to review.
FINDING: The Plan Commission expressly determines that approval of the
Development Plan should be denied, pursuant to Section 24.99A.7.f. of Chapter 10,
Article 1, Chapter 24 of the Carmel Zoning Ordinance [other matters relevant to
review], because the Plan Commission has determined that the Development Plan,
and the proposed use contemplated by the Development Plan, creates an
unreasonable risk of harm to the health, safety and welfare of the public based upon
risks associated with authorizing construction and operation of a fueling station at
the proposed location, due to the risks posed to the White River aquifer by the
forces of nature, the failure of equipment or associated facilities, or intentional or
reckless conduct or human error.
FINDING: The Plan Commission expressly determines that, despite the fact that
the fueling station is a permitted use under the Legacy PUD Table of Uses, the
specific use as a fueling station was not fully evaluated when the PUD was
recommended to the Carmel City Council for approval, based upon the
understanding of the Plan Commission that it would have the opportunity to
evaluate specific intended uses as part of the Development Plan approval process,
and that the Development Plan should be denied because the proposed use creates
an unreasonable risk of harm to the health, safety and welfare of the public based
upon risks associated with authorizing construction and operation of a fueling
station at the proposed location, due to the risks posed to the White River aquifer by
the forces of nature, the failure of equipment or associated facilities, or intentional
or reckless conduct or human error, which would affect both the East Carmel
District and surrounding municipalities who utilize the White River aquifer as a
shared resource (as contemplated in Objective 7.7 of Part 2 of the Carmel
Comprehensive Plan Essence).
Page 9 of 9
1598333