Town of Brownsburg Board of Zoning Appeals Project Synopsis

Transcription

1 Town of Brownsburg Board of Zoning Appeals Project Synopsis TO: CC: FROM: Board of Zoning Appeals; Tricia Leminger William Dahm- Crew Carwash; Andy Kult- Comer Law Office Development Services Staff DATE: March 3, 2015 RE: CASE # BZDV Crew Carwash, Inc. Accessory Structure Standards 61 North Green Street Brownsburg IN GENERAL INFORMATION: APPLICANT: STATUS OF APPLICATION: REQUESTED ACTION: Crew Carwash, Inc. Pending a hearing before the Board of Zoning Appeals Development Standard Variance DATE OF APPLICATION: February 17, 2015 PURPOSE: ORDINANCE: To allow accessory structures in the front yard within the Highway Commercial (HC) District. Art. 5, 5.12 (E) as it relates to the location of support and recreation based accessory structures in the Highway Commercial (HC) District Development Standards E. Location: Support-based and recreation-based accessory structures shall only be allowed in side yards and rear yards. PROPERTY ADDRESS: 1275 N. Green Street PARCEL ID: EXISTING ZONING: UTILITIES: WATER: SANITARY: STORMWATER: Highway Commercial (HC) Town of Brownsburg Town of Brownsburg Town of Brownsburg EXISTING SURROUNDING ZONING: NORTH: SOUTH: EAST: WEST: Highway Commercial (HC) Highway Commercial (HC) Medium Density Multiple-Family Residential (M2) / High Density Multiple-Family Residential (M3) Highway Commercial (HC) EXISTING USES: NORTH: SOUTH: EAST: WEST: Commercial Convenience / Gas Station I-74 Exit 66 Interchange Multi-Family Dwellings (Apartments) Two-Family Dwellings (Duplexes) Commercial Garage / Commercial Franchise Restaurant Project Synopsis 2014 Page 1 of 20

2 NEIGHBORHOOD CHARACTERISTICS: TOTAL PARCEL SIZE: COMPREHENSIVE PLAN DESIGNATION: THOROUGHFARE PLAN: The area immediately surrounding and including the real estate subject to this application includes, predominantly, land uses typical of those along an interstate highway, intended for easy access to and from the interstate system. The commercial structures are primary single-story with façades of these structures are primarily masonry and steel exteriors. The residential structures are a mix of single and multi-story with a mix of brick and vinyl siding façades. ±6.12 acres The Land Use Plan in the Comprehensive Plan recommends 'Regional Commercial' land uses immediately surrounding and including the subject real estate. The Transportation Plan in the Comprehensive Plan classifies I-74 as "Interstate" and further classifies North Green Street as "Primary Arterial." 2014 ACTIVE TRANSPORTATION PLAN: The 2014 Active Transportation Plan recommends a 12' Multi-Use path along the eastside of N. Green Street. PUBLIC NOTICE: Notice was published in the Hendricks County Flyer on February 24, PUBLIC HEARING DATES: March 9, 2015 PUBLIC COMMENTS: As of the date of this report no written comments have been received from the public. STATUTORY REQUIREMENTS/ FACTORS TO BE CONSIDERED: The requirements for issuing a Developments Standards Variance are outlined in Art. 7, 7.12 of the Zoning Ordinance and by Indiana Code It is the responsibility of the petitioner to provide evidence that proves their request complies with the three points listed below. DEVELOPMENTS STANDARDS VARIANCE The Board of Zoning Appeals shall make findings of fact for a Development Standard Variance on the following criteria: 1. The approval of the Development Standard Variance will not be injurious to the public health, safety, morals and general welfare fo the community. 2. The use and value of the area adjacent to the subject property of the Development Standard Variance will not be affected in a substantially adverse manner. 3. The strict application of the terms of this Ordinance will result practical difficulties in the use of the property. PREVIOUS ACTIONS ON-SITE: P Crew Carwash at Exit Sixty-Six Primary Plat P Crew Carwash DPR Development Plan Review BZA Crew Carwash - "Automobile Oriented Business (Type 3)" Use Variance BZA Crew Carwash- Accessory Front Yard Setback Development Standard Var. PREVIOUS ACTION- SURROUNDING AREA: P Whittington Estates PUD Master Plan P Heritage Business Park Primary Plat P Whittington Replat P Heritage Business Park Primary Plat P Heritage Business Park, Sec. 9 Secondary Plat P Ritters Frozen Custard (Glacier Food, LLC) Site Development Plan Review P Dunkin' Donuts (IVC Food Services) Site Development Plan Review P All Pro Car Wash Expansion DPR Development Plan Review BZA 1395 N. Green Street- Accessory Structure Standards Development Standard Var. Project Synopsis 2014 Page 2 of 20

3 SUPPLEMENTARY DOCUMENTATION INSERT: APPLICATION EXHIBIT A DETAILED STATEMENT OF REASONS EXHIBIT B CONCEPTUAL SITE PLAN EXHIBIT C ZONING MAP EXHIBIT D AERIAL MAP EXHIBIT E SITE PHOTOS EXHIBIT F ZONING ORDINANCE PAGES EXHIBIT G Project Synopsis 2014 Page 3 of 20

4 EXHIBIT A APPLICATION Project Synopsis 2014 Page 4 of 20

5 EXHIBIT A APPLICATION continued Project Synopsis 2014 Page 5 of 20

6 EXHIBIT A APPLICATION continued Project Synopsis 2014 Page 6 of 20

7 EXHIBIT A APPLICATION continued Project Synopsis 2014 Page 7 of 20

8 EXHIBIT A APPLICATION continued Project Synopsis 2014 Page 8 of 20

9 EXHIBIT B DETAILED STATEMENT OF REASONS Project Synopsis 2014 Page 9 of 20

10 EXHIBIT B DETAILED STATEMENT OF REASONS continued Project Synopsis 2014 Page 10 of 20

11 EXHIBIT C CONCEPTUAL SITE PLAN Project Synopsis 2014 Page 11 of 20

12 EXHIBIT D ZONING MAP Project Synopsis 2014 Page 12 of 20

13 EXHIBIT E AERIAL MAP Project Synopsis 2014 Page 13 of 20

14 EXHIBIT F SITE PHOTOS View of subject property from Right-of-Way looking north. View of subject property looking east. Project Synopsis 2014 Page 14 of 20

15 EXHIBIT F SITE PHOTOS continued Looking southwest, from subject site, at I-74 West Bound off ramp. Looking west, across N. Green Street Project Synopsis 2014 Page 15 of 20

16 EXHIBIT G ZONING ORDINANCE Project Synopsis 2014 Page 16 of 20

17 EXHIBIT G ZONING ORDINANCE continued Project Synopsis 2014 Page 17 of 20

18 EXHIBIT G ZONING ORDINANCE continued Project Synopsis 2014 Page 18 of 20

19 STAFF ANALYSIS: Staff has reviewed the Detailed Statement of Reasons, and supporting information submitted by the Applicant and offers the following analysis regarding this request: The Applicant is requesting a Development Standards Variance to allow accessory structures in the front yard, specifically a canopy. Section 5.12 AS-11: General Commercial Accessory Structure Standards of the Zoning Ordinance limits the location of Support-based accessory structures to side and rear yards only, in the Highway Commercial (HC) District. At the December 8, 2014 Board of Zoning Appeals meeting the Applicant was granted a Development Standards Variance to allow for an encroachment upon the accessory structure Front Yard Setback by ten (10) feet of the required twenty (20) feet. The Applicant was also granted a Use Variance to allow Automotive Oriented Business (Type 3) in the Highway Commercial (HC) District. The Applicant is in need of this variance due to the existing conditions on-site, specifically the drainage ditch and the proximity of the right-of-way along N. Green Street. The Applicant has looked at several different site layouts that might accommodate the canopy, in compliance with the Zoning Ordinance; however, due to the on-site constraints these options are not feasible for the project. On February 18, 2015, Staff presented to the Brownsburg Advisory Plan Commission a list of Zoning Ordinance updates where Staff believes the current Zoning Ordinance needs to be updated and or revised. The section of the Zoning Ordinance, subject to this application, is one of these updates. A special Advisory Plan Commission Meeting is scheduled (in the future) to address these updates; however, the Applicant is not able to wait for these changes to take place as the anticipated construction of these improvements is scheduled for mid-year The Applicant s Development Plan Approval included the proposed location of the canopy and is subject and conditioned upon the approval of this Development Standards Variance. Staff believes that the Applicant has satisfied the required criterion for approval of this Development Standards Variance. Development Standards Variance Findings of Fact: The Board of Zoning Appeals shall make findings of fact for a Development Standards Variance on the following criteria: (1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community. (a) It is Staff s opinion that the Applicant has adequately addressed this criterion, based upon their detailed statement of reasons, the analysis provided in this synopsis and the recommendations below. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. (a) It is Staff s opinion that the Applicant has adequately addressed this criterion, based upon their detailed statement of, the analysis provided in this synopsis and the recommendations below. (3) The strict application of the terms of this Ordinance will constitute an unusual and unnecessary hardship if applied to the property for which the variance is sought. (a) It is Staff s opinion that the Applicant has adequately addressed this criterion, based up on their detailed statement of reasons, the analysis provided in this synopsis and the recommendations below. Project Synopsis 2014 Page 19 of 20

20 RECOMMENDATIONS: Based upon the analysis of Application, the Detailed Statement of Reasons, the applicable zoning standards of the Brownsburg Zoning Ordinance and our comments above, it is our opinion that this request has SATISFIED the requirements for approval of a Development Standards Variance pursuant to Art. 7, Sec. 7.12(E)(1)(a) of the Brownsburg Zoning Ordinance and statutory regulations of Ind. Code If the Board should decide to approve this request we recommend the approval be subject to and conditioned upon the following: STAFF CONTACT: (1) That the approval be limited to the proposed Crew Car Wash Lot (proposed Lot 1 of the two lot subdivision) only and not for the proposed lot to be east of the creek. (2) The approval of the Findings of Fact and Conclusions of Law. NAME: Todd A. Barker, AICP Jonathan K. Blake David G. Wilson Heather Wetzel TITLE: Director of Planning Senior Planner Planner Administrative Assistant PHONE: tbarker@brownsburg.org jblake@brownsburg.org dwilson@brownsburg.org hwetzel@brownsburg.org Project Synopsis 2014 Page 20 of 20