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HomeMy WebLinkAboutFindings of Fact 7-19-11 blankFINDINGS OF FACT FORM FOR DEVELOPMENT PLAN CONSIDERATION Carmel Plan Commission Carmel, Indiana Docket No.: 11020013 DP /ADLS and 11030006 ZW NAME OF PROJECT: Woodland Terrace Petitioner: The Justus Companies Based upon all the evidence presented by the Petitioner at all prior Plan Commission and Subdivision Committee meetings and upon the Department Reports of the Department of Community Services for (i) the April 19 Plan Commission meeting, (ii) the May 4 July 5 and July 12 Subdivision Committee meetings, and (iii) the July 19 Plan Commission meeting, and the letter from Mike Hollibaugh (Director of the Department of Community Services) to the Carmel plan Commission dated July 15, 2011, and based on the summary of development plan compliance which is attached hereto and incorporated herein by reference as Exhibit "A the Plan Commission determines that the Development Plan request complies with the standards of Chapter 23B U.S. Highway 31 Corridor Overlay Zone and Chapter 24 Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage Regulations of the Carmel/Clay Zoning Ordinance. The Plan Commission hereby approves of the Development Plan as submitted with the following specific conditions as agreed to by the Petitioner. Condition 1. Approval of final construction documents by the Carmel Engineering Depatln[tent. Condition 2. The applicant shall provide the Department of Community Services a copy of the recorded commitment included under Tab 14 of the Woodland Terrace July 19, 2011 supplemental brochure. Condition 3. The Plan Commission hereby disapproves of the Development Plan Amendment as submitted for the following reasons: 1. 3. DATED THIS 19 DAY OF July, 2011. Commission President Exhibit "A" Summary of Development Plan Compliance The Development Plan satisfies the development requirements specified in the US Highway 31 Corridor Overlay Zone of the Zoning Ordinance including Sections 23B.03 through 23B.16 as specified below by section: 23B.02.A.2.a: Existing site features, including topography and wooded areas: The proposal is compatible with existing site features including topography and wooded areas, in that the proposal makes appropriate utilization of retaining walls and calls for the preservation of virtually all of a mature woodland within the buffer and required and added preservation areas. 23B.02.A.2.n: Proposed setbacks, site landscaping and screening, and compatibility with existing platted residential uses: The proposal is compatible with existing platted residential uses, in that the building setbacks with accompanying landscape plans adjacent to existing residential uses far exceed Zoning Ordinance requirements and the zoning commitments in place to safeguard the privacy and quiet enjoyment of the neighboring residents. 23B.03 Permitted Uses: The existing zoning is B -6 Business. The proposed use, a CCRC, is a permitted use in the B -6 District as a nursing /retirement /convalescent facility. In addition the use is not listed as prohibited within the US Highway 31 Corridor Overlay Zone. Therefore the use is permitted on the real estate. A detailed description of the Continuing Care Retirement Community and a statement of compliance with the Zoning Ordinance can be found under Tab 13 of the July 19, 2011 PC booklet. 23B.06 Accessory Buildings and Uses: All Accessory Buildings have on all sides the same building architectural features, construction materials, and in general are architecturally compatible with the Principal Building. 23B.07 Minimum Tract Size. Minimum area covered by the Development Plan is 7.06 acres exceeding the minimum of 217,800 square feet (5 acres). 23B.08 Height and Yard Requirements. 23B.08: The Proposal meets the intent of orienting the new building with its longest axis parallel to the adjoining streets to create a sense of enclosure along the street. The proposal also locates all parking to the rear or the side of the building from Smokey Row Road as necessary to accomplish this purpose. 23B.08.01 The Principal Buildings requires placement consistent with the Building Setback Lines of the underlying zoning. A zoning waiver is on file requesting a forty (40) foot front yard building setback adjacent to Smokey Row Road. If granted this will allow the building to be placed further from the residential zoned property to the east providing greater separation. 23B.08.02 Adjacent to any residential use or zone the minimum side or rear yard is Forty- five (45) feet. The Development Plan has a minimum setback from residential of eighty -four (84) feet. Exhibit "A" Page 1 of 2 23B.08.03 The Maximum Building Height is specified in the underlying primary zoning district allowing a one hundred (100) foot tall building. However, by commitment of the original zoning, the maximum building height has been reduced to fifty (50) feet. The maximum building height included in the development plan is fifty (50) feet. 23B08.04 The Minimum Parcel Width exceeds that one -half (1/2) the depth of the parcel. 23B.08.05 Minimum Gross Floor Area: The Zoning Ordinance requires the building to have a minimum of fifteen thousand (15,000) square feet of gross floor area. The building exceeds this minimum and has 214,551 square feet of gross floor area. 23B.08.06.A. The Maximum Parcel Coverage is permitted to be sixty -five (65) percent. The Development Plan parcel coverage is 51.25 percent. 23B.08.06.B. The Maximum Floor Area Ratio (F.A.R.) permitted is 0.70. The Development Plan F.A.R. is 0.698. 23B.09 Architectural Design Requirements: The Development Plan complies with all applicable architectural requirements of the Zoning Ordinance as evidenced by the elevations and perspectives (as required) provide under Tab 4 and Tab 5 of the July 19, 2011 PC booklet respectively. 23B.10 Landscape Requirements: The Development Plan is in full compliance with all landscaping requirements of the Zoning Ordinance as evidenced by the plans included under Tab 7 of the July 19, 2011 PC booklet. 23B.10.04 The proposal makes all reasonable efforts to protect and incorporate the existing stands of trees into the overall site design, in that 100% of all trees that are nine -inch DBH or larger and located within the perimeter buffering were preserved. 23B.12 Parking Requirements: The Development Plan is in full compliance with all applicable parking requirements of the Zoning Ordinance. The ordinance requires 170 spaces and 173 have been provided. 23B.13 Lighting Requirements: The Development Plan is in full compliance with all applicable lighting requirements of the Overlay as evidenced by the information provided under Tab 8 of the July 19, 2011 PC booklet. 23B.14 Bicycle and Pedestrian Requirements: The Development Plan is in full compliance with all applicable bicycle and pedestrian requirements of the Zoning Ordinance as evidenced by the approval of the City of Carmel Alternative Transportation Coordinator and plans included under Tab 12 of the July 19, 2011 PC booklet. 24.02.B.3.a: The applicant's submission materials for the proposal did include a traffic study including data of sufficient detail as found necessary and appropriate by the Carmel City Engineer, Department of Community Services, and the Plan commission. Exhibit "A" Page 2 of 2