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HomeMy WebLinkAboutCorrespondence: Remonstrance Lichtenberg 09-18-12l\ ADVISIO REAL ESTATE ADVISORS & APPRAISERS September 18, 2012 Carmel Board of Zoning Appeals City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 RE: Use Variance - 12080016UV Commitment Amendment - 12080017 CA Dear Board: My name is Leo Lichtenberg and my address is 9616 Day Drive, Carmel, IN. property is adjacent south to a proposed development that is before the BZA. I am AGAINST the proposed commitment amendment and the use variance for the below reasons. For purposes of discussion, "Adjacent Parcel" is the property adjacent north of my property and the "Tom Wood Parcel" is the parcel that covers Tom Wood and Truworth Auto Sales dealerships. These are shown in the attached depiction. My Commitment Amendment In 1969, a zoning commitment was made on the Tom Wood Parcel to have no access onto Day Drive. In addition, a commitment of tree screening was also required along the west side of the Tom Wood Parcel. The subject's area is covered by a neighborhood concept plan that was developed by the City of Carmel. As indicated in The Westfield & 96th Neighborhood Concept Plan map (See Addenda 1), there are two distinct areas labeled as Mixed Use Transit and Neighborhood Commercial. The Tom Wood Parcel is located in the Mixed Use Transit district, while the parcels on the west side of Day Drive are located in the Neighborhood Commercial district. By having no access onto Day Drive and keeping the tree screening, a buffer has been created between these two districts. This buffer is similar to a buffer that was created by one of the most recent auto dealership developments — East 96th Street Auto Park. In this instance and as seen in Addenda 2, neighborhood commercial (office) development is occurring on parcels to the west of the buffer, indicating market support for this kind of buffer with no access from a major 9616 DAY DRIVE • INDIANAPOLIS, IN 46280 • TEL: 317.569.8500 • FAX: 317.569.8501 • www.ADVISIoINc.coM PAGE 1 OF 4 PAGES l\ ADVISIO REAL ESTATE ADVISORS & APPRAISERS commercial user. Also, the Neighborhood Concept Plan indicates "Automobile Connection to adjacent neighborhoods is not recommended" (See Addenda 3). Moreover, if access to Day Drive was provided from the Tom Wood Parcel semi - trucks, tow trucks, as well as a large number of other vehicles would be utilizing and parking along Day Drive. I do not know what the existing traffic flow, but it cannot be very much - maybe 10 to 20 cars per day, with 5 -6 cars north of Sipe Jewelry. Semi - trucks could park along Day Drive at night, early mornings, and other odd times making deliveries (See Addenda 4 photos). Day Drive is only 18 feet wide in some areas. Having a semi truck utilizing a portion of Day Drive, would make it difficult for office users to get to my office property. In addition, since Day Drive is a private road, who would be responsible for the additional traffic flow, as well as the additional depreciation and deterioration of Day Drive because of the increase traffic flow? Does this mean that we would have to have an annual paving reserve from this major commercial user since the traffic would increase dramatically because of the curb cuts? Lastly, providing access to Day Drive would create a "test track" scenario. My former office was located along Whitley Drive, just to the south of 96th Street in the same area. Dreyer Reinbold was located at the end of Whitley Drive. Cars would travel in excess speeds along Whitley Drive, another dead end street, in order to test the automobile. This created excess noise of revving engines and safety concerns on a road that is only 18 feet wide (See Addenda 5 for estimated road sizes). On a side note, this is a similar concern on the Tom Wood parcel as there are a number of speed humps on their own parcel. Use Variance — Parking Lot The subject owners are proposing a use variance to permit a parking lot on the Adjacent Parcel to the north of my property. I have some serious concerns about this use on this parcel. First and foremost, the Adjacent Parcel is part of The Westfield & 96th Neighborhood Concept Plan. According to this plan, the properties located along the west side of Day Drive are to be Neighborhood Commercial Uses. As shown in Addenda 1, uses within the neighborhood commercial area are to be "Neighborhood scaled commercial uses such as professional office, and specialty retailers (i.e. jeweler) ". A private parking lot, which is utilized by a commercial auto dealership that uses heavy transport trucking (semis, tow trucks, etc.), is considered a major commercial use. This creates less of a neighborhood commercial use when clients at the adjacent office use have to talk over and smell diesel fuel with a parked semi truck. 9616 DAY DRIVE • INDIANAPOLIS, IN 46280 • TEL: 317.569.8500 • FAX: 317.569.8501 • www.ADVISIoINc.coM PAGE 2 OF 4 PAGES l\ ADVISIO REAL ESTATE ADVISORS & APPRAISERS In addition, the concept plan indicated that the Neighborhood Commercial use is to have minimal lighting, traffic and parking after normal business hours 8 to 5. Since the use variance is for a parking lot, this is in conflict with the Westfield and 96th Neighborhood Concept Plan developed by the City of Carmel. Moreover, within this plan and as shown in Addenda 6, a good neighborhood center should prohibit parking lots in front of buildings and parking with the Neighborhood Center should be at the rear of the building. No buildings are proposed at the Adjacent Parcel. Also, the proposed use as a parking lot and without using a porous material, is an impervious area. An impervious area (Addenda 7) by definition is an area that is covered by impenetrable materials such as asphalt. This increases the amount of rain water; thus, creating a need of additional drainage. Day Drive does not have storm drainage and the amount of rain water is a big concern and according to the Comprehensive Plan, drainage is a big concern for the area (Addenda 8). Also, if cars, trucks, and other vehicles are parked on the lot, there is a concern with pollutes such as gasoline, antifreeze, motor oil, and heavy metals that can pollute groundwater. For water, my office property still utilizes a well, and I would suspect that I'm down gradient. Thus, will there be an oil separation system to separate all pollutes gathered from the site? Lastly, creating another impervious parking lot continues the "urban island" effect. This can be seen all along 96th Street (See Addenda 9). If a parking lot is proposed on the adjacent lot, I would also be concerned what type of cars — wreck cars? How long is the vehicle stored? Will the cars have paint toxins (smell)? Is there any fencing? Any additional lighting (Addenda 10)? Buffering (Addenda 10)? Any security? Sidewalk? Green space? Will the property ever be partially developed (order of development)? Likely Alternative On a side note, it would make more sense for the Tom Wood Parcel to add additional parking on the parcel to the north of the Tom Wood Parcel. This parcel falls within the same district as the Mixed Use Transit district and the seller of the Adjacent Parcel is under the same ownership as the parcel to the north of the Tom Wood Parcel (See Addenda 11). 9616 DAY DRIVE • INDIANAPOLIS, IN 46280 • TEL: 317.569.8500 • FAX: 317.569.8501 • www.ADVISIoINc.coM PAGE 3 OF 4 PAGES l �► ADVISIo REAL ESTATE ADVISORS & APPRAISERS Therefore, I am in favor of the right commercial development on the Adjacent Parcel that would be commensurate with the Westfield & 96th Street Plan. However, the proposed parking lot from a non - contiguous owner is NOT the right development. Also, I believe that the existing buffer is needed with no curb cuts along Day Drive to create that needed separation between districts and to assist in the market support to the Neighborhood Commercial District, as directed in the Westfield & 96th Street Plan. I certainly would appreciate the above considerations. If you have any questions or would like me to send any other information, please give me a call. Sincerely, . Lichte► •erg, MAI 9616 DAY DRIVE • INDIANAPOLIS, IN 46280 • TEL: 317.569.8500 • FAx: 317.569.8501 • www.ADvlslolNc.coM PAGE 4 OF 4 PAGES ADDENDA 8 • would need adequate drainage, storm drainage ends at — along 96th ?? Has areas that are not well drained: and Improve Surface Drainage: As new development has occurred in the region. and as roads have been improved. local residents believe issues with storm water have gotten worse. The City should continue to study and help resolve these drainage issues. thus helping to reduce basement flooding and similar problems that can destabilize neighborhoods. Source: Comprehensive Plan — 2009 (96th Area) ADDENDA 10 • Would increase lighting in the area with pole lighting Mitigate Light Trespass and Glare: Strictly regulate on -site I ighting of any new development adjacent to stable neigh - borhoods to prevent light trespass and glare. Source: Comprehensive Plan — 2009 (96th Street Area) • Would need buffers between uses Utilize Transitional Land Uses and Form to Soften Impacts of Potentially Large -scale Office Development South of 96th Street As the area south of 96th Street evolves into office and commer- cial centers (Indianapolis' jurisdiction), transitional uses and smaller scale buildings should be used along the north side of 96th Street to buffer stable neighborhoods to the north. Similar to landscaping. moderate intensity land uses can also be used for buffering. These buffering land uses would be limited to one to two stories in height and would be required to utilize facades and roof designs that are similar to or complementary with residential development (e.g. brick facades. pitched roofs, and dormers). Further, heavily landscaped parking areas should be required. Source: Comprehensive Plan — 2009 (96th Street Area)