HomeMy WebLinkAboutModification of Development Requirements app
dms.us.52218577.01
MODIFICATION OF DEVELOPMENT REQUIREMENTS
Contact Person: Joseph Scimia Phone: 317‐569‐9600
Fax: 317‐569‐4800 Email: joseph.scimia@faegrebd.com
Contact Person Address: Faegre Baker Daniels LLP, 600 E. 96th St. Suite 600, Indianapolis, IN
46240
PROJECT NAME: Ricker's Gas Station & Convenience Store
PROJECT ADDRESS: 7729 E. 146th Street, Carmel, IN (SW Corner of 146th & River Road)
APPLICANT NAME: Ricker Realty & Development, LLC c/o Faegre Baker Daniels LLP
ADDRESS: 600 E. 96th Street, Suite 600, Indianapolis, IN 46240
PHONE: 317‐569‐9600 FAX: 317‐569‐4800 EMAIL: joseph.scimia@faegrebd.com
Section of Zoning Ordinance for which Modification is being requested:
Section 19.2 of Ordinance #Z‐501‐07 provides for Modification of Development Requirements
of the Legacy PUD by the Commission. The Applicant seeks to Modify Section 9.2 of said
Ordinance which refers to Exhibit 10 for Development Standards. In Exhibit 10, the Maximum
Front Yard Setback is specified as 15 feet. A Modification of this Development Requirement is
requested to allow a Front Yard Setback from the 146th Street property line of 54'± to the edge
of canopy and 156'± to the building; and a Front Yard Setback from the River Road property line
of 40'± to edge of canopy and 74'± to the building.
State explanation of why waiver is being requested:
The Modification is requested to allow the optimum design for this site to accommodate a gas
station/convenience store.
State reasons supporting waiver request:
Compliance with the Maximum Front Yard Setback would require the pumps to be located
behind the proposed building, removing them from being visually identified by passing
motorists. The Maximum Front Yard Setback was intended to implement an urban and
pedestrian‐friendly streetscape. Gas stations and convenience stores are generally excepted
from these types of streetscape requirements because they are primarily vehicular (not
pedestrian) oriented uses.
Present zoning: PUD (Ord. #Z‐501‐07) Overlay Zone: None
dms.us.52218577.01
MODIFICATION OF DEVELOPMENT STANDARDS
FINDINGS OF FACT
CARMEL PLAN COMMISSION
Carmel, Indiana
Docket No: 13060001 ZW
Petitioner: Ricker Realty & Development, LLC
Zoning Ordinance Section Varied From: Ord. Z‐501‐07, Section 9.2, Exhibit 10
Brief Description of Modification: Increase of Maximum Front Yard Setback
As permitted in Section 19.2 of Ordinance Z‐501‐07, in deciding whether or not the applicant has
presented sufficient proof to permit the granting of a Modification of Development Standards of the
referenced Section, the Plan Commission should consider the following criteria:
1. The modification shall be in harmony with the purpose and intent of the Legacy Ordinance.
2. The modification shall not have an adverse impact on the physical, visual, or spatial
characteristics of the Legacy District.
3. The modification shall not have an adverse impact on the streetscape and neighborhood.
4. The modification shall not result in configurations of lots or street systems which shall be
unreasonable or detract materially from the appearance of the Legacy District.
5. The minimum lot size of any lot to be created shall not be reduced below the requirements of
the Legacy District.
Based on all the evidence presented by the petitioner, I approve of the requested Modification of
Development Standards.
In granting a Modification of Development Standards, the Commission may impose such
conditions that will, in its judgment, secure the purposes of this Chapter. (List Conditions on
back.)
I hereby disapprove of the Modification of Development Standards request for the following
reasons:
1.
2.
Dated this day of , 20 .
Commission Member