METROPOLITAN DEVELOPMENT COMMISSION HEARING … · lawrence township, cd #3 new petitions:...

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METROPOLITAN DEVELOPMENT COMMISSION HEARING EXAMINER

PUBLIC ASSEMBLY ROOM

2ND FLOOR CITY-COUNTY BUILDING 1:00 P.M.

STAFF REPORTS FOR May 24, 2018

These reports do not in any way commit the Hearing Examiner to approve or disapprove any petition filed before it.

Any decision of the Hearing Examiner may be appealed to the full Metropolitan Development Commission, subject to deadlines prescribed by the Metropolitan Development Commission’s Rules of Procedure. Please contact the Current Planning staff, 317-327-5155, within the first or second day after the hearing, to determine the appropriate appeal procedures.

PETITION NO. PETITION ADDRESS AND LOCATION PAGE CONTINUED PETITIONS: 2017-CAP-839 1920 WEST 86TH STREET 3 WASHINGTON TOWNSHIP, CD #1 2018-MOD-003 5020 AND 5050 WEST EPLER ROAD 14 DECATUR TOWNSHIP, CD #20 2018-MOD-005 10930 EAST 59TH STREET 27 (AMENDED) LAWRENCE TOWNSHIP, CD #5 2018-ZON-029 6902 AND 6904 NORTH TACOMA AVENUE, 2430 42 (AMENDED) / BUTTERFIELD DRIVE AND 6955 NORTH 2018-VAR-002 KEYSTONE AVENUE WASHINGTON TOWNSHIP, CD #2 2018-ZON-031 / 6675, 6681 AND 6685 EAST 75TH STREET; 7444 56 2018-VAR-001 JOHNSON ROAD LAWRENCE TOWNSHIP, CD #3

NEW PETITIONS: 2018-APP-007 7914 NORTH SHADELAND AVENUE 72 LAWRENCE TOWNSHIP, CD #4 2018-ZON-038 2215 LAFAYETTE ROAD 85 WAYNE TOWNSHIP, CD #11 2018-ZON-039 8415 WEST WASHINGTON STREET 97 WAYNE TOWNSHIP, CD #22

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2018-ZON-040** 6100 MADISON AVENUE 106 PERRY TOWNSHIP, CD #24 2018-ZON-041** 7425 EAST WASHINGTON STREET 116 WARREN TOWNSHIP, CD #18 2018-ZON-043 6401 WESTHAVEN DRIVE 119 PIKE TOWNSHIP, CD #10 2018-ZON-045 2450 TANSEL ROAD 131 WAYNE TOWNSHIP, CD #6 2018-ZON-046 723 SOUTH CAPITOL AVENUE 139 CENTER TOWNSHIP, CD #16 2018-ZON-047 2900 AND 2950 PROSPECT STREET 141 CENTER TOWNSHIP, CD #12 2018-CPL-812 /** 1836, 1838 AND 1846 NEW STREET 156 2018-CVR-812 CENTER TOWNSHIP, CD #21 2018-CZN-813 / 1644 AND 1654 ROOSEVELT AVENUE 157 2018-CPL-813 CENTER TOWNSHIP, CD #17 2018-CAP-814 / 6400 ENGLISH AVENUE 167 2018-CVR-814 WARREN TOWNSHIP, CD #12

*Automatic Continuance **Continuance Requested ***Withdrawal or Dismissal Requested

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2017-CAP-839 / 2017-CVR-839 Address: 1920 West 86th Street (approximate address) Location: Washington Township, Council District #1 Petitioner: 1950 West LLC, by David Kingen and Justin Kingen Request: Hospital District-Two Approval to provide for a self-storage facility,

including one, three-story building and three, one-story buildings, with wall and incidental signs.

Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a self-storage facility (not permitted), with four parking spaces (17 parking spaces required or 1 per 30 units).

ADDENDUM FOR MAY 24, 2018, HEARING EXAMINER This petition was continued from the April 12, 2018 hearing to the May 24, 2018 hearing at the request of the petitioner’s representative. ADDENDUM FOR APRIL 12, 2018, HEARING EXAMINER The Hearing Examiner acknowledged withdrawal of the variance request and continued the approval petition from the February 15, 2018 hearing, to the April 12, 2018 hearing, at the request of the petitioner’s representative. No additional information has been filed since the February hearing. The Administrator believes a refund, at this time, would not be appropriate because the approval request and variance request are closely connected and both related to a self-storage facility. Until further details are provided about the intended development of the site, a refund may be premature. February 15, 2018 The petitioner’s representative has submitted an e-mail withdrawing the variances and a request for partial refund of the filing fees. Staff has not determined the amount of the refund, but will provide that information at the hearing. The withdrawal would require acknowledgement from the Hearing Examiner. The Hearing Examiner would need to approve the refund of the filing fees for the variances. The petitioner’s representative also requested a continuance of the approval petition from the February 15, 2018 hearing, to the May 10, 2018 hearing.

(Continued)

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STAFF REPORT 2017-CAP-839 / 2017-CVR-839 (Continued) RECOMMENDATIONS Staff recommends denial of these requests, SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 1.97-acre site, zoned HD-2, is undeveloped. It is surrounded by single-family dwellings to the north, zoned D-P; multi-family dwellings to the east, zoned D-P; a hospital complex to the south, across West 86th Street, zoned HD-1; and medical offices to the west, zoned HD 2.

HOSPITAL DISTRICT-TWO APPROVAL ◊ The Ordinance classifies Hospital District One and Two as Development Plan Districts. “No

use, building or structure shall hereafter be established, constructed or used on any land in a Development Plan district for any purpose, until a Site and Development Plan for such land, including the proposed use or uses, has been filed with and approved by the Commission in accordance with this zoning ordinance.”

◊ “The Commission may consider and act upon any such proposed use and Site and

Development Plan, approve the same in whole or in part, and impose additional development standards, requirements, conditions, or commitments thereon at any public hearing of the Commission.”

◊ Land in the development plan districts is subject to the following site and development

requirements. In review of the proposed Site and Development Plan, the Commission must assess whether the Site and Development Plan, proposed use, buildings and structures must:

a. Be so designed as to create a superior land development plan, in conformity with the

Comprehensive Plan; b. Create and maintain a desirable, efficient and economical use of land with high functional

and aesthetic value, attractiveness and compatibility of land uses, within the development plan district and with adjacent uses;

c. Provide sufficient and adequate multi-modal access, such as parking and loading areas, transit provisions, and bicycle facilities;

d. Integrate a multi-modal transportation network using active and passive traffic control with the existing and planned public streets and interior roads;

e. Provide adequately for sanitation, drainage and public utilities in a sustainable, low-impact manner;

f. Allocate adequate sites for all uses proposed - the design, character, grade, location and orientation thereof to be appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive Plan; and

(Continued)

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STAFF REPORT 2017-CAP-839 / 2017-CVR-839 (Continued) g. Provide pedestrian accessibility and connectivity, which may be paths, trails, sidewalks, or

combination thereof. Pedestrian accessibility to available public transit must be provided. Sidewalks along eligible public streets consisting of the walkway and any curb ramps or blended transitions must be provided. If sidewalks are required to be installed, the Administrator or the Commission must be guided by the provisions of Section 744-304 for the installation of sidewalks.

◊ The Site and Development Plan must include layout and elevation plans for all proposed

buildings and structures, and must indicate: a. Proposed uses, buildings and structures. b. All existing uses, buildings and structures, in addition to any proposed to be demolished. c. Proposed buildings and structures and the use of each. d. Elevations of all sides of each building. e. Zoning and existing land uses of adjacent properties. f. Off-street vehicle and bicycle parking layouts with summary table of the number of required

off-street parking, loading, and stacking spaces. ◊ This request for Hospital District-Two approval would provide for a self-storage facility

including one, three-story building and three, one-story buildings, with wall and incidental signs. Staff cannot support this request because the proposed development would not be in conformity with the Comprehensive Plan recommendation of commercial office use and would not be compatible with the existing hospital and abutting uses of medical offices and residential uses.

VARIANCE OF USE AND DEVELOPMENT STANDARDS ◊ This variance of use request would provide for a self-storage facility, which is not a permitted

use in the HD-2 District. “The HD-2 zoning category is designed to: (1) permit and facilitate the logical association of a diversity of land uses in close proximity to a major hospital complex; (2) to provide adequate land area for such hospital-related uses; and (3) to assure a quality and character of site development that will create the environment of safety, quietness, attractiveness and convenience compatible with such hospital complex.”

◊ The HD-2 District permits a number of residential, public, institutional, religious, and civic

uses and commercial and industrial uses that would logically support and be compatible with a hospital complex. A self-storage facility, however, would not have a logical association or be compatible with the hospital complex to the south. It would, in fact, be an anomaly for this immediate area, with negative impacts on the hospital complex, medical offices, and residential development to the north and east.

◊ Furthermore, staff believes that the 30-foot wide easement, bisecting the site, does not

create an unusual and unnecessary hardship related to development of the site. Staff understands that structures would not be permitted within the easement, but it would permit parking and internal drives that could serve uses that would be permitted in the HD-2 District and be more compatible with the surrounding land uses.

(Continued)

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STAFF REPORT 2017-CAP-839 / 2017-CVR-839 (Continued) ◊ This request would also provide for four parking spaces, which is a reduction of the required

17 parking spaces. The Ordinance requires one parking space per 30 units. Because staff does not support the variance of use, this variance for reduced parking spaces should also be denied.

Indiana Fire Code ◊ This site would also be subject to, but not limited to, the following Indiana Fire Code

provisions: Indiana Fire Code 2014

Section 507.5 - Fire Hydrant Systems Section 507.5.1 - Where Required Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided. Exceptions:

1. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183m)

2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183m).

GENERAL INFORMATION EXISTING ZONING AND LAND USE

UQ-2 Undeveloped land

SURROUNDING ZONING AND LAND USE

North - D-P Single-family dwellings South - HD-1 Hospital complex East - D-P Multi-family dwellings West - HD-2 Medical office building

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Washington Township (2005) recommends office commercial.

THOROUGHFARE PLAN This portion of West 86th Street is designated in the Marion County Thoroughfare Plan as a primary arterial, with an existing and proposed 142-foot right-of-way

CONTEXT AREA This site is located in the metro context area.

FLOODWAY / FLOODWAY FRINGE

This site is not within a floodway or floodway fringe.

(Continued)

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STAFF REPORT 2017-CAP-839 / 2017-CVR-839 (Continued)

SITE PLAN File-dated October 26, 2017

ELEVATIONS File-dated October 26, 2017

FINDINGS OF FACT File-dated October 26, 2017

DEVELOPMENT STATEMENT File-dated November 1, 2017

ZONING HISTORY 74-AP-69; 1920 West 86th Street, requested approval of medical related and business offices with possible restaurant and convenience and specialty sales and service business on the first floor, approved. VICINITY 2013-APP-018, 1950 West 86th Street (west of site), requested Hospital District Two Approval to provide for a 58-square foot wall sign on the south elevation and a 48-square foot wall sign on the east elevation of an existing building, approved. 2003-APP-081; 1950 West 86th Street (west of site); requests HD-2 approval for the placement of a 38.5-square foot wall sign on the east elevation of a medical office building, approved. 2009-APP-814 / 2009-VAR-814; 1950 West 86th Street (west of site), requested Hospital District Two approval to provide for the erection of a freestanding identification sign and a variance of development standards of the Sign Regulations to provide for the erection of a four-foot tall ground sign, located five feet from the right-of-way of 86th Street (minimum fifteen-foot front setback required), approved and granted. 96-AP-32; 1950 West 86th Street (west of site); requests HD-2 approval for the placement of a 38.5-square foot wall sign on the south elevation of a medical office building, approved. 96-AP-32; 1950 West 86th Street (west of site), Hospital District Two approval to provide for a building identification sign, approved. 89-AP-180; 1950 West 86th Street (west of site), Hospital District Two approval to provide for a ground sign, approved. 86-AP-83; 1950 West 86th Street (west of site), Hospital District Two approval to provide for a ground sign, approved. kb *******

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View of site looking west.

View of site looking west

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View of site looking southwest

View of site looking north, across West 86th Street

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View of site looking northeast, across West 86th Street

View from site looking northeast at adjacent multi-family development

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STAFF REPORT


Current Planning Section

Case Number: 2018-MOD-003 Address: 5020 and 5050 West Epler Road (approximate addresses) Location: Decatur Township, Council District #20 Zoning: D-1 Petitioner: Kirk Farmer Request: Modification of Commitments for 2005-ZON-816 to Modify

Commitment Three, to provide for one 1,200-square foot house per acre (requires one 1,800-square foot house per two acres), and to Terminate Commitment Five, requiring any house built on the western lots to be built on the west side of the creek, unless the optimal location of the septic system dictates otherwise.

The Hearing Examiner acknowledged the automatic continuance filed by a neighborhood organization that continued this petition from the April 26, 2018 hearing, to the May 24, 2018 hearing. RECOMMENDATIONS Staff has no recommendation for this request, however, any approval should be subject to the following commitments being reduced to writing on the Commission's Exhibit "B" forms at least three days prior to the MDC hearing:

In accordance with the commitments related to petition 2005-ZON-816, a 70-foot half right-of-way along Mann Road and a 35-foot half right-of-way along West Epler Road shall be dedicated within 30-days of the approval of the modification.

SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES ◊ This two-acre site, zoned D-1, is comprised of two parcels. The western parcel is developed

with a single-family dwelling and the eastern parcel is undeveloped. The site is surrounded by undeveloped land to the north, zoned D-A; educational uses to the south, across West Epler Road, zoned SU-2; a single-family dwelling to the east, zoned D-1; and a single-family dwelling to the west, zoned D-A.

(Continued)

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STAFF REPORT 2018-MOD-003 (Continued) ◊ Petitions 2005-ZON-816 / 2005-PLT-816 rezoned a five-acre site, including this site, from the

D-A District to the D-1 classification to provide for the construction of two single-family dwellings, in addition to the existing single-family dwelling fronting on Mann Road. A tributary to Dollar Hide Creek enters the site from the northwest and bifurcates the eastern parcel of this site (middle parcel of the 2005 rezoning and plat).

MODIFICATION

This request would modify commitments for 2005-ZON-816 to modify Commitment Three, to provide for one 1,200-square foot house per acre (requires one 1,800-square foot house per two acres), and to Terminate Commitment Five, requiring any house built on the western lots to be built on the west side of the creek, unless the optimal location of the septic system dictates otherwise. One dwelling has been constructed on the westernmost parcel and the eastern parcel remains undeveloped.

The commitments requiring 1,800 square-foot dwellings to be constructed on the west side of the creek were originally the result of negotiation between the petitioner and remonstrators during the 2005 rezoning and platting process. Because staff played no role in the negotiation of these subject commitments, staff would ordinarily provide no recommendation under such circumstances. Staff would note, however, that the neighborhood organization(s) negotiated in good faith with the petitioner during the petition process, and their agreement was contingent upon all commitments being included with the rezoning petition.

There were five commitments related to the rezoning and the plat. The three remaining commitments would continue to be effective, including dedication of the a 70-foot half right-of-way along Mann Road and a 35-foot half right-of-way along West Epler Road and tree preservation. Because the dedication of rights-of-way has not occurred, staff believes this dedication should occur within 30 days of approval of the modification. See Exhibit A.

Staff would note that any future development on this site would be subject to the Heritage Tree provision of the Ordinance, in addition to the tree preservation commitment. See Exhibit B.


D-1 Single-family dwelling / undeveloped land


North - D-A Undeveloped land South - SU-2 Educational uses East - D-1 Single-family dwelling West - D-A Single-family dwelling

(Continued)

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STAFF REPORT 2018-MOD-003 (Continued)

COMPREHENSIVE LAND USE PLAN

The Comprehensive Land Use Plan for Perry Township (2006) recommends residential development at zero to 1.76 units per acre.

THOROUGHFARE PLAN This portion of West Epler Road is designated in the Marion County Thoroughfare Plan as a local street, with an existing 40-foot right-of-way and a proposed 50-foot right-of-way.

CONTEXT AREA This site is located within the metro context area.

FLOODWAY / FLOODWAY FRINGE The site is not located in a floodway / floodway fringe, but a tributary to Dollar Hide Creek runs diagonally through both parcels of land.

ZONING HISTORY 2005-ZON-816 / 2005 PLT-816; 5422 Mann Road, requested rezoning of two acres, being in the D-A District, to the C-1 classification o provide for single-family residential development an approval of a subdivision plat to be known as Epler Creek subdivision, division five acres into three lots, with a waiver of sidewalks, approved. VICINITY 2013-DV1-031; 5051 West Epler (west of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a 936-square foot pole barn, creating an accessory building area of 1,128 square feet or 88.2% of the main floor area of the primary building and an accessory use area of 2,040 square feet or 102% of the total floor area of the primary building, granted 98-Z-32; 5702 Mann Road (south of site), requested rezoning of 14.18 acres, being in the D-4 District to the SU-2 classification to provide for educational uses, approved. 95-Z-72; 5880 Mann Road (south of site), requested rezoning of 231.3 acres from the D-2 (FF), D-3 (FF), D-6 (FF) and D-6II (FF) Districts to the D-4 (FF) classification to provide for residential development, approved. 93-V3-42; 5210 West Epler Avenue (west of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to permit the construction of a single-family residence with reduced public street frontage, lot width at the setback line, side yard setback and lot size, granted. kb *******

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EXHIBIT A

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EXHIBIT B Heritage Tree Conservation Removal of any Heritage Tree is prohibited unless any of the following determinations are made before removal: 1. The Administrator or the city’s Urban Forester determines that the tree is dead, significantly

and terminally diseased, a threat to public health or safety, or is of an undesirable or nuisance species.

2. The Director of the Department of Public Works determines that the tree interferes with the provision of public services or is a hazard to traffic.

3. The Administrator determines that the location of the tree is preventing development or redevelopment that cannot be physically designed to protect the tree.

4. The site from which the tree is removed is zoned D-A and the tree is harvested as timber or similar forestry product.

Table 744-503-3: Replacement Trees

Size of tree removed or dead

(inches)

Number of Trees to be planted to

replace a Heritage Tree


replace an existing tree

Over 36 DBH 15 10

25.5 to 36 DBH 11 8

13 to 25 DBH 8 6

10.5 to 12.5 DBH 6 4

8.5 to 10 DBH 5 4

6.5 to 8 3 2

4 to 6 2 2

2.5 to 3.5 1 1

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View looking east along West Epler Avenue

View looking west along West Epler Avenue

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View of site looking northeast across West Epler Avenue

View of site looking north across West Epler Avenue

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View of undeveloped portion of the site looking north

View of site looking north at location of stream

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View looking northwest at adjacent single-family dwelling across West Epler Avenue

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STAFF REPORT Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2018-MOD-005 (Amended) Address: 10930 East 59th Street (Approximate Address) Location: Lawrence Township, Council District #5 Petitioner: Meyer Plastics Inc. Request: Modification of Commitments related to 2004-ZON-095 to terminate

Commitments, Four, Five and Six (No driveway shall be closer than 600 feet from the center of the intersection of Sunnyside Road and Pendleton Pike; The owner shall provide an access easement at least 24 feet in width to benefit the properties adjoining the west and north of the subject property if a public road providing access to Sunnyside Road is not available to said properties; the owner shall cooperate with the City of Lawrence Department of Public Works in devising a plan to relieve traffic congestion at the current intersection of East 59th Street and Sunnyside Road), and to modify Commitment Three to provide for a 40-foot half right-of-way (70-foot half right-of-way required).

In order for the petitioner’s representative and Staff to further investigate right-of-way dedication and road improvement issues, this petition was continued from the April 26, 2018 hearing to the May 24, 2018 hearing. RECOMMENDATIONS Staff recommends approval of the petition, subject to the commitments file-dated May 10, 2018, with the following modifications:

1. A 40-foot half right-of-way shall be dedicated along 59th Street, as per the request of the Department of Public Works, Transportation Section, (DPW). Additional easements shall not be granted to third parties within the area to be dedicated as public right-of-way prior to the acceptance of all grants of right-of-way by the DPW. The DPW has requested that the right-of-way be granted within 60 days of approval.

2. The phrase “and DPW will not grant the West Adjoining Property its own driveway cut on East 59th Street” shall be eliminated from the end of the first sentence for the Modification of Commitment Number Five.

SUMMARY The following information was considered in formulating the recommendation:

(Continued)

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STAFF REPORT 2018-MOD-005 (Continued) COMMITMENT MODIFICATIONS

This proposal would provide for the modification of commitments for 2004-ZON-095 (See Exhibit “A”). Specifically, Commitment Three would be modified to provide for the 40-foot half right-of-way along Sunnyside Road required by the current Thoroughfare Plan instead of the 70-foot half right-of-way required by the former Thoroughfare Plan (See Exhibit “B”). Additionally, as the legal description for this site includes parcels abutting 59th Street, a 40-foot half right-of-way should be provided along 59th Street as well. The previous rezoning did not require additional right-of-way along 59th Street because its status was unknown at that time, as it was possible that it might not connect to Sunnyside Road be realigned or, as it is presently, developed with restricted access.

Commitment Four, which prohibited driveways along Sunnyside Road within 600 feet of the intersection of Pendleton Pike and Sunnyside Road would be modified to provide for a northern drive, with a passing blister constructed to the standards of the Department of Public Works and a southern drive with right-in, right-out only limited access for southbound traffic.

Commitment Five, which provided for an access easement for abutting properties to the north and the west if a public roadway (59th Street) was no longer available. As 59th Street is still available as a public right-of-way, the existing language would not be necessary. However, Staff has requested that an easement should still be provided as an option to the west abutting property, if both properties are commercially zoned and developed. The proposed commitments file-dated May 10, 2018, would make the connection dependent upon whether a driveway permit was issued for the abutting property. In Staff’s opinion, whether a driveway is provided is not relevant, as the intent of the request is to not force pedestrians, motorists, bicyclists or delivery vehicles from having to exit and re-enter the public right-of-way unnecessarily from a commercial center due to them being separated by a few feet of vegetation and /or interior curbs. Therefore, the phrase related to the driveway permit should be removed from the Commitment Five modification.

Commitment Six, which required cooperation between the owner and the City of Lawrence Department of Public Works in devising a plan to relieve traffic at the intersection of 59th Street and Sunnyside Road would be terminated as the 59th Street/Sunnyside Road intersection issues have been addressed by an earlier road development project.

DEPARTMENT OF PUBLIC WORKS / STREETS

The Department of Public Works has requested the dedication of a 40-foot half right-of-way along Sunnyside Road and 59th Street. Additional easements shall not be granted to third parties within the area to be dedicated as public right-of-way prior to the acceptance of all grants of right-of-way by the DPW. The DPW has requested that the right-of-way be granted within 60 days of approval.

(Continued)

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STAFF REPORT 2018-MOD-005 (Continued)

Presently, this site has two curb cuts points along Sunnyside Road, with the southernmost access being about 850 feet north of Pendleton Pike and the northernmost access being about 1,010 feet north of Pendleton Pike. This proposal would provide for a southern access 240 feet north of 59th Street and 460 feet north of Pendleton Pike and a northern access 810 feet north of 59th Street and 960 feet north of Pendleton Pike. Presently a commitment exists that restricts access within 600 feet of Pendleton Pike.

Staff would also note that truck traffic would be using the northern proposed entrance, at which point Sunnyside Road is a minimal two-lane road. With the drive being within approximately 140 feet of the driveway to the indoor commercial recreation use to the north, street improvements, including right-turn lanes and passing blisters of an adequate length would be necessary to properly accommodate the turning movements of the proposed and potential truck traffic at this site. These issues have been addressed by the proposed commitments.

GENERAL INFORMATION EXISTING ZONING AND LAND USE C-4 and I-3 (pending) Undeveloped SURROUNDING ZONING AND LAND USE North - I-2 Indoor Commercial Recreation South - C-3 Commercial East - C-3 & I-2 Commercial and undeveloped West - I-2 Industrial COMPREHENSIVE LAND USE PLAN The 2005 Lawrence Township Comprehensive Plan

recommends community commercial uses. COMMITMENTS File-dated March 22, 2018 AMENDED COMMITMENTS File-dated May 10, 2018 THOROUGHFARE PLAN The Official Thoroughfare Plan indicates that Sunnyside

Road is a primary arterial, with a 50-foot right-of-way existing and an 80-foot right-of-way proposed. 59th Street is a primary collector with an approximate 54-foot right-of-way existing and an 80-foot right-of-way proposed.

ZONING HISTORY 2018-ZON-035; 10930 East 59th Street, requests rezoning of 9.501 acres from the C-4 district to the I-3 classification to provide for medium industrial uses, pending.

(Continued)

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STAFF REPORT 2018-MOD-005 (Continued) 2018-SEL-009; 10930 East 59th Street, request Special Exception of the Consolidated Zoning and Subdivision Ordinance to permit Heavy Manufacturing for a plastics company in the I-3 District, granted. 2015-DVL-015; 10930 East 59th Street, requests variance of the Wireless Communications Zoning Ordinance to provide for a wireless communications facility, with a 190-foot tall monopole tower, with a five-foot lightning rod, approved.

2012-APL-017 / 2012-LAP-017; 6002 Sunnyside Road, requests a modification of the condition limiting gravel parking areas to two years, granted. 2011-APL-018 / 2011-LAP-018; 6002 Sunnyside Road, requests a modification of condition limiting gravel parking areas to two years, granted for one year. 2009-DVL-008 / 2009-LSV-010; 6002 Sunnyside Road, requests a variance of development standards of the Industrial Zoning Ordinance to legally establish two gravel parking areas, without striping and with the existing landscaping, granted for a temporary period of two years.

2004-ZON-095; 10930 East 59th Street, requests rezoning of 15.086 acres from I-2-S to C-4 to provide for regional commercial uses, approved.

2004-LUV-001 / 2004-UVL-001; 6060 (filed as 6002) Sunnyside Road (north of subject site) requests a variance of use of the Industrial Zoning Ordinance to provide for a multi-purpose recreational facility and auxiliary retail uses in an existing industrial building, granted.

2003-ZON-018; 6160 Sunnyside Road (two parcels north of subject site), requests a rezoning of 5.623 acres from I-2-S, SU-1 & D-3 to the SU-1 classification to legally establish religious uses, approved. 2001-LSE-010 / 2001-SEL-010; 10640 East 59th Street (west of subject site), requests a special exception of the Industrial Zoning Ordinance to provide for I-2-S uses, a fitness center and general offices in an industrial park, with private streets, with front building setbacks of 20 feet, with front parking lot and loading maneuvering setbacks of 10 feet, loading areas between the front lot line and the front line of the primary building, with a minimum separation between buildings of 20 feet and private streets with no deceleration lanes, granted. 2000-ZON-150; 11890 Pendleton Pike (southeast of subject site), requests a rezoning of 22.38 acres from D-A and SU-18 to C-4, to provide for commercial development, approved. 2000-LUV-011 / 2000-UVL-011; 11020 Pendleton Pike (southeast of subject site), requests a variance of use and development standards of the Sign Regulations to provide for a twenty-five foot tall, 88.85 square foot pole sign, with a 36.55 square-foot electronic variable message sign in a C-3 District (not permitted), within 380 feet of a Protected District (600-foot separation from Protected District required), and within 63 feet of a signalized intersection of two primary arterials (125 foot separation from signalized intersection of arterials required), granted. LWC *******

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2004-ZON-095 Commitments – Exhibit “A”

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May 10, 2018 Commitments – Exhibit “B”

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SITE PLAN

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Photograph One – Sunnyside Street frontage from northern access to cell tower.

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Photograph Two – Frontage of Sunnyside Road, looking south to 59th Street from existing curb cut south of cell tower driveway.

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Photograph Three – Looking north on Sunnyside Road towards cell tower drive and Incrediplex drive from existing curb cut.

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Photograph Four – Site looking north from existing drive east of German Church Road.

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Photograph Five – Frontage of 59th Street from western driveway looking west towards German Church Road.

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Photograph Six – Looking east from western driveway to Sunnyside Road along 59th Street frontage.

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Photograph Seven - Eastern portion of site from western driveway along 59th Street.

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STAFF REPORT



Case Number: 2018-ZON-029 (AMENDED) / 2018-VAR-002 Address: 6902 and 6904 North Tacoma Avenue, 2430 Butterfield Drive and

6955 North Keystone Avenue (Approximate Addresses) Location: Washington Township, Council District #2 Township(s): Washington Petitioner: Patrick Sullivan, LLC, by Brian J. Tuohy Request: Rezoning of 1.6 acres, from the C-S, C-3 and D-3 districts to the C-S

district to provide for residential uses, a greenhouse expansion, the indoor and outdoor storage and display of plant material and other related garden items, covered pergola, with outdoor storage, an eight-foot tall privacy fence, a six-foot tall privacy fence, a six-foot tall wrought iron fence, a gift shop expansion, meeting and conference space, the North Pole / Santa experience, and the outdoor storage of nursery stock, as outlined in the C-S statement and site plan filed with this petition.

Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for an eight-foot tall wood fence (maximum six-foot tall fence permitted in the C-S district), a six-foot tall wrought iron type fence and a six-foot tall wood fence in the front yard of Butterfield Drive (maximum 3.5-foot tall fence permitted), and a covered pergola, with outdoor storage, with a five-foot front setback (20-foot front transitional setback required).

This petition was continued from the April 12, 2018 hearing, to the May 10, 2018 hearing, and then to the May 24, 2018 hearing, to provide additional time for the request to be amended and new notice sent. RECOMMENDATIONS Staff recommends approval of these requests, subject to the following commitments being reduced to writing on the Commission's Exhibit "B" forms at least three days prior to the MDC hearing:

1. Development of the site shall be subject to the C-S Statement, file-dated April 28, 2018, in substantial compliance with the site plan, file-dated April 28, 2018.

2. The dwellings and accessory structures located at 2430 Butterfield Drive, 6902 North Tacoma Avenue and 6904 North Tacoma Drive shall not be demolished.

3. Year around landscaping in front of the proposed wrought iron fencing and wooden fencing shall be installed by October 31, 2018, and maintained thereafter.

4. An Improvement Location Permit shall be obtained for the L-shaped structure (covered pergola) located along Butterfield Drive (addressed as 6955 North Keystone Avenue), within 30 days from the date of approval of the rezoning request.

(Continued)

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STAFF REPORT 2018-ZON-029 / 2018-VAR-002 (Continued) SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES ◊ This 1.6-acre site, zoned C-S, C-3 and D-3, is comprised of four parcels at the southernmost

portion of the larger site developed with a hardware store, garden center and parking. It is developed with accessory buildings associated with the hardware store / garden center and single-family dwellings. It is surrounded by single-family dwellings and greenhouses to the north, zoned C-S; single-family dwellings to the south across Butterfield Drive, zoned D-3; single-family dwellings to the east, across North Tacoma Avenue, zoned D-3; single-family dwellings to the west, across North Keystone Avenue west, zoned D-3.

Petitions 2015-CZN-800 / 2015-CVR-800 rezoned the site to provide for outdoor display and storage, parking areas, an eight-foot tall fence, a building addition, and retention of existing residential dwelling units; and a variance to provide for outdoor display and storage with a reduced setback from Keystone Avenue. Petitions 2004-ZON-811 A-B / 2004-VAR-811 rezoned a portion of the site to the C-3 and C-1 classifications to provide for a retail store, greenhouse, outdoor display and granted a variance of the sign regulations to provide for a pylon sign with an electronic variable message component. Petition 98-UV3-52 provided for a hardware store, medical / dental office and a single-family dwelling with outdoor storage and display of garden materials.

REZONING

This request would rezone 1.6 acres, from the C-S, C-3 and D-3 districts to the C-S district to provide for residential uses, a greenhouse expansion, the indoor and outdoor storage and display of plant material and other related garden items, covered pergola, with outdoor storage, an eight-foot tall privacy fence, a six-foot tall privacy fence, a six-foot tall wrought iron fence, a gift shop expansion, meeting and conference space, the North Pole / Santa experience, and the outdoor storage of nursery stock, as outlined in the C-S statement and site plan filed with this petition.

Beginning in 1998, commercial development has incrementally encroached into the residential neighborhood to the east. Staff recognizes that the proposed C-S Statement would maintain the single-family dwellings along Butterfield Drive and North Tacoma Avenue. Staff, however, is concerned that those dwellings would be removed and / or converted to commercial use, which would not be appropriate and would be detrimental to the neighborhood, particularly those residences along the east side of North Tacoma Avenue and on the south side of Butterfield Drive. These existing dwellings on the site provide a much needed buffer from the commercial uses and activities associated with the hardware / garden center complex.

(Continued)

44

STAFF REPORT 2018-ZON-029 / 2018-VAR-002 (Continued)

It is apparent that fencing has also encroached into the residential uses and the neighborhood. Installation and / or removal of any fencing should be in accordance with the site plan file-dated April 28, 2018.

VARIANCE OF DEVELOPMENT STANDARDS ◊ This request would provide for an eight-foot tall wood fence, a six-foot tall wrought iron type

fence and a six-foot tall wood fence in the front yard of Butterfield Drive, and a covered pergola, with outdoor storage, with a five-foot front setback.

◊ The Ordinance limits fence height to six feet and 3.5 feet in the front yard. The eight-foot tall

fence would connect to and extend an existing eight-foot tall fence installed to the west of dwelling facing North Tacoma Avenue. Staff believes this extension would provide a buffer from the commercial activities, with minimal impact to the surrounding land uses.

◊ The six-foot tall wrought iron fence in the front yard long Butterfield Drive would also be an

extension of an existing six-foot tall wrought iron fence that would provide a buffer from commercial activities. Year around landscaping would soften the impact of a fence, while further strengthening and enhancing the buffer. This landscaping should be installed by October 31, 2018, and be maintained thereafter.

◊ Aerials indicate that an L-shaped covered pergola along Butterfield Drive was constructed

between 2015 and 2016. Staff was unable to find an Improvement Location Permit for this structure. Consequently, this covered pergola has been constructed with a five-foot front setback, when the Ordinance requires a 20-foot setback. One of the purposes of setbacks is to provide a buffer between uses of differing intensities. The right-of-way of Butterfield Drive is 50 feet wide and the setback of the dwellings to the south is 50 feet, resulting in a separation of approximately 100 feet, which minimizes the impact of the reduced setback of the covered pergola. To further minimize the impact of this structure and the commercial activities, year around landscaping should be installed along the frontage of Butterfield Drive. Staff, however, would not support any future structure encroachments into the required setbacks because of the proximity of the dwellings to the south and east of this site.


C-S / C-3 / D-3 Hardware store / garden center / accessory structures / single-family dwellings


North - C-S Single-family dwellings South - D-3 Single-family dwellings East - D-3 Single-family dwellings West - D-3 Single-family dwellings

(Continued)

45



The Comprehensive Land Use Plan for Washington Township (2006) recommends residential development at 3.5 to five units per acre.

THOROUGHFARE PLAN This portion of North Tacoma Street is designated in the Marion County Thoroughfare Plan as a local street, with an existing and proposed 50-foot right-of-way.

This portion of Butterfield Drive is designated in the Marion County Thoroughfare Plan as a local street, with an existing and proposed 50-foot right-of-way.

This portion of Keystone Avenue is designated in the Marion County Thoroughfare Plan as a primary arterial, with an existing and proposed 120-foot right-of-way.

CONTEXT AREA This site is located within the compact context area.

SITE PLAN

SITE PLAN (AMENDED)

File-dated March 8, 2018

File-dated April 26, 2018

FINDINGS OF FACT File-dated May 4, 2018

C-S STATEMENT

C-S STATEMENT (AMENDED)

File-dated March 8, 2018


FLOODWAY / FLOODWAY FRINGE The site is not located in a floodway / floodway fringe.

ZONING HISTORY 2015-CZN-800 / 2015-CVR-800; 6908, 6912, 6916, 7034, 7044 and 7052 North Tacoma Avenue; 6893, 6897 and 6955 (Part) Keystone Avenue, requested rezoning of 2.17 acres from the D-3 and C-1 district to the C-S classification to provide for outdoor display and storage, parking areas, and eight-foot tall screening fence, a building addition for a gift shop, a building for meetings, conferences and other uses related to the garden center, and to maintain the existing residential dwelling units on the remaining portions of 6908-7052 North Tacoma Avenue; and a variance of development standards of the Commercial Zoning Ordinance to provide for outdoor display and storage 60 feet from the centerline of Keystone Avenue, granted and approved. 2004-ZON-811A / 2004-ZON-811B / 2004-VAR-811; 6901-7021 North Keystone Avenue, requests rezoning of 2.55 acres, being in the C-3 and D-3 Districts, to the C-3 and C-1 classification to provide for a retail store and a greenhouse, with outdoor display and a variance of development standards of the Commercial Zoning Ordinance and a Variance of development standards of the Sign Regulations to provide for a 6,000-square greenhouse and a 10,960-square foot outdoor sales and display area associated with a proposed 13,397-square foot hardware store and a 22-foot tall, 63-square foot pylon sign with a nine-square foot electronic variable message display component, approved.

(Continued)

46

STAFF REPORT 2017-ZON-029 / 2017-VAR-002 (Continued) 98-UV3-52, 6917 North Keystone Avenue, requested a variance of use of the C-3 and D-3 Districts to provide for a hardware store, medical or dental office, and single-family residence with outdoor storage and display of garden materials with a 0-foot front yard setback for a display area, approved. 88-UV2-32; 6893 North Keystone Avenue, requests variance of use to provide for a dentist’s office, dismissed. kb *******

50

View looking north along North Keystone Avenue

View looking north at covered pergola

51

View looking north at 2430 Butterfield Drive

View of site looking north across Butterfield Drive

52

View looking north along North Tacoma Avenue

View looking west at 6904 Tacoma Avenue

53

View looking west at 6902 North Tacoma Avenue

View looking northwest across North Tacoma Avenue at dwellings to the east of site

54

View looking northwest across North Tacoma Avenue at dwellings to the east of site

View looking south along North 68th Street

55

View of covered pergola within site looking south

56

STAFF REPORT


Current Planning Section Case Number: 2018-ZON-031 / 2018-VAR-001 Address: 6675, 6681 and 6685 East 75th Street; 7444 Johnson Road (approximate

addresses) Location: Lawrence Township, Council District #3 Petitioner: Samaritan Senior Lifestyle Communities, LLC, by Timothy J. Shrout and

Kevin G. Buchheit Request: Rezoning of 6.5 acres from the D-A district to the D-9 classification to

provide for multi-family development.

Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for an existing 3.13-acre lot to be reduced by approximately ½ acre (three acres required).

ADDENDUM FOR MAY 24, 2018, HEARING EXAMINER The Hearing Examiner continued these petitions from the May 10, 2018 hearing, to the May 24, 2018 hearing, to provide additional time for notice to be provided to all those required to receive notice. A 13-day waiver of the notice period from 23 days down to 10 days was also granted by the Hearing Examiner. ADDENDUM FOR MAY 10, 2018, HEARING EXAMINER The Hearing Examiner continued these petitions from the April 26, 2018 hearing, to the May 10, 2018 hearing, at the request of the petitioner’s representative. April 26, 2018 RECOMMENDATIONS Staff recommends denial of these requests. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 6.5-acre site, zoned D-A, is comprised of five parcels of land. It is developed with three single-family dwellings. It is surrounded by multi-story commercial office buildings to the north, across East 75th Street and single-family dwellings, zoned MU-1 and D-A, respectively; single-family dwellings and horse stables to the south, zoned D-2 and D-A; respectively; single-family dwellings to the east, zoned D-A and D-2; and a commercial office building and single-family dwellings to the west, zoned C-1 and D-A, respectively.

(Continued)

57


The Comprehensive Land Use Plan recommends residential development at 1.75 to 3.5 units per acre.

REZONING ◊ This request would rezone the site from the D-A District to the D-9 classification to provide for

multi-family development. “The D-9 district is designed for suburban high-rise apartments and fulfills the high density residential recommendation of the Comprehensive General Land Use Plan. Recreational facilities and ancillary shopping and service conveniences on-site enable residents to easily complete many of their daily requirements effortlessly. It is intended for use adjacent to the major shopping centers or in areas where unusual conditions exist (i.e., adjacent to a freeway interchange or in unusual topographic situations). To accommodate the demands of more residents, well-planned landscaping is very important for drainage and resiliency of the project.”

The D-9 district has typical ranges of density according to the number of stories: 12-22 dwelling units/gross acre for 1-3 story structures. 27-35 dwelling units/gross acre for 4-5 story structures. 50-65 dwelling units/gross acre for 6-11 story structures. 90-120 dwelling units/gross acre for structures of 12 stories and above” ◊ The Project Narrative, file-dated March 23, 2018, describes the development as providing for

an approximately 170,000-square foot, four-story U-shaped building. There would be 132 market-rate, age restricted (55 and older) units that would include 124 two-bedroom units and eight one-bedroom units. See Exhibit A.

◊ Services offered at this complex would include transportation, fitness center, beauty salon, a

community room, lounge areas on each of the floors and an outdoor courtyard, with a water feature and outside kitchen area.

◊ As proposed, the density of this development would be 20.3 units per acre when the

Comprehensive Plan recommends 1.75 to 3.5 units per acre. This would result in a density approximately six times more dense than the Plan recommendation. Furthermore, the site is surrounded by single-family dwellings to the east, south, and a portion of the west. The mass of a 170,000-square foot, four-story structure would be inconsistent with the residential character of the surrounding properties and the Comprehensive Land Use Plan.

◊ A previously noted, the D-9 District is appropriate adjacent to a major shopping center or in

an unusual situation. This site is located within a residential neighborhood and approximately 1,670 feet from a commercial node and approximately 785 feet from the Interstate 465 interchange. Consequently, staff cannot support this rezoning request.

(Continued)

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STAFF REPORT 2018-ZON-031 / 2018-VAR-001 (Continued) VARIANCE OF DEVELOPMENT STANDARDS ◊ This variance request would provide for an existing 3.13-acre lot to be reduced by

approximately ½ ace when the Ordinance requires a minimum lot size of three acres in the D-A District. The reduction of the minimum lot size by approximately ½ acre may not have a negative impact on surrounding properties, depending upon the purpose for the reduction. In this case, however, the reduction would be related to an inappropriate rezoning request. Staff, therefore, cannot support this variance request.


D-A Single-family dwellings


North - MU-1 / C-1 Multi-story commercial office South - D-2 / D-A Single-family dwellings / horse stables East - D-A Single-family dwellings West - C-1 / D-A Commercial office / single-family dwellings

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Washington Township (2005) recommends residential development at 1.75 to 3.5 units per acres.

THOROUGHFARE PLAN This portion of East 75th Street is designated in the Marion County Thoroughfare Plan as a primary collector, with an existing 100-foot right-of-way and a proposed 102-foot right-of-way.

This portion of Johnson Road is designated in the Marion County Thoroughfare Plan as a local street, with an existing and proposed 70-foot right-of-way.




SITE PLAN File-dated March 23, 2018

ELEVATIONS File-dated March 23, 2018

FINDINGS OF FACT File-dated March 29, 2018

(Continued)

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STAFF REPORT 2018-ZON-031 / 2018-VAR-001 (Continued) ZONING HISTORY 93-V3-98 / 93-SE3-9; 6681 East 75th Street (west of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to permit an existing pole barn, consisting of 88% of the main floor area of the primary structure and a side yard setback of 9.5 feet, granted; and a Special Exception of the Dwelling Districts Zoning Ordinance to permit a manufactured home, granted. VICINITY 2017-MO2-001; 6697 East 75th Street (east of site), requested a modification of Commitment Three of 2014-UV1-007 to eliminate the three-year temporary restriction of the variance grant (expires April 8, 2017), granted, 2014-UV1-007; 6697 East 75th Street (east of site), requested a variance of use and development standards of the Dwelling Districts Zoning Ordinance to provide for a bus storage facility, on a lot with 1.08 acres, zero feet of frontage and lot width, and with a zero-foot west side yard, granted for three years. 2010-DV2-010; 6666 East 75th Street (north of site), requested a variance of development standards of the Commercial Zoning Ordinance to provide for a post-graduate school with 442 parking spaces provided (1,018 required), granted. 2005-ZON-064, 6625 East 75th Street (west of site), requested rezoning of 1.07 acres from D-A to C-1 to provide for office uses, granted. 2004-UV3-033, 6625 East 75th Street (east of site), requested a variance of use to provide for an administrative office in an existing single-family dwelling, and to provide for a commercial storage building, in C-1, denied. 2004-UV3-024; 6625 East 75th Street (west of site), requested a variance of use of the Dwelling Districts Zoning Ordinance to provide for an administrative office in an existing single-family dwelling and a commercial storage building, denied. 2001-ZON-149, 6410 and 6430 East 75th Street (north of site), requested rezoning of 5.193 acres from C-S to C-S to provide for uses permitted within the C-4 classification, granted. 93-UV3-16; 6720 East 75th Street (north of site), requested a variance of use of the Commercial Zoning Ordinance and variance of development standards of the Sign Regulations to permit the placement of a 14-foot by 48-foot advertising sign near a dwelling district and exit ramp, denied. 91-V1-118; 6725 East 75th Street (west of site), requested variance of use to legally establish a mechanical contracting and sprinkler installation business and a variance of development standards of the Sign Regulations to legally establish a wall sign, granted.

(Continued)

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STAFF REPORT 2018-ZON-031 / 2018-VAR-001 (Continued) 88-HOV-96; 6430 East 75th Street (north of site), requested a variance of development standards of the sign Regulations to provide for a sign within 1500 feet of an intersection, granted. 88-Z-225; 7465 North Kitley Avenue (west of site), requested rezoning of 1.55 acres from A-2 to C-1 to provide for business and professional offices, granted. 88-UV1-76; 6725 East 75th Street (west of site), requested a variance of use to provide for a mechanical and sprinkler system contractor's office, granted. 78-Z-58; 6602 East 75th Street (north of site), requested rezoning of 16.07 acres, being in the A-2 district, to the C-2 classification to provide for office-apartments, approved. kb *******

66

EXHIBIT A

68

View of site looking south across East 75th Street


69



70

View of adjacent commercial use to the west looking south across East 75th Street

View of site looking west across Johnson Road

71

View of adjacent property looking west across Johnson Road

72

STAFF REPORT



Case Number: 2018-APP-007 Address: 7914 North Shadeland Avenue (approximate address) Location: Lawrence Township, Council District #4 Zoning: HD-2 Petitioner: Gertie Properties, LLC, by Nancy A. Long and Paul J. Lambie Request: Hospital District-Two Approval to provide for a second wall sign on the

east façade.

RECOMMENDATIONS Staff recommends approval of this request, subject to the substantial compliance with the site plan and sign elevations, file-dated April 12, 2018. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES ◊ This 1.22-acre site, zoned HD-2, is comprised of three parcels, developed with an office

building, access drive and parking lot. The site is surrounded by medical uses and a hotel to the north, zoned HD-2; medical office building to the east, zoned HD-2; office uses to the south, zoned C-S; and undeveloped land to the west, zoned HD-2.

HOSPITAL DISTRICT TWO APPROVAL ◊ This request would provide for Hospital District Two Approval to provide for a second wall

sign on the east façade of the existing building. The Ordinance identifies the Hospital District Two as a district that requires a site and development plan to be approved by the Metropolitan Development Commission. The site and development plan includes signs and their location, size, design, and illumination.

◊ Land in the development plan districts is subject to the following site and development

requirements. In review of the proposed Site and Development Plan, the Commission must assess whether the Site and Development Plan, proposed use, buildings and structures must:

(Continued)

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STAFF REPORT 2018-APP-007 (Continued)

a. Be so designed as to create a superior land development plan, in conformity with the Comprehensive Plan;

b. Create and maintain a desirable, efficient and economical use of land with high functional and aesthetic value, attractiveness and compatibility of land uses, within the development plan district and with adjacent uses;

c. Provide sufficient and adequate multi-modal access, such as parking and loading areas, transit provisions, and bicycle facilities;

d. Integrate a multi-modal transportation network using active and passive traffic control with the existing and planned public streets and interior roads; e. Provide adequately for sanitation, drainage and public utilities in a sustainable, low-impact manner;

f. Allocate adequate sites for all uses proposed - the design, character, grade, location and orientation thereof to be appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive Plan; and

g. Provide pedestrian accessibility and connectivity, which may be paths, trails, sidewalks, or combination thereof. Pedestrian accessibility to available public transit must be provided. Sidewalks along eligible public streets consisting of the walkway and any curb ramps or blended transitions must be provided. If sidewalks are required to be installed, the Administrator or the Commission must be guided by the provisions of Section 744-304 for the installation of sidewalks

◊ “The Commission may consider and act upon any such proposed use and Site and

Development Plan, approve the same in whole or in part, and impose additional development standards, requirements, conditions, or commitments thereon at any public hearing of the Commission. The Commission must, also make written findings concerning any decision to approve or disapprove a Site and Development Plan.”

◊ As proposed, this request would provide for a second 6.83 by 3.25-foot wall sign on the east façade of an existing building. The proposed sign would unobtrusively identify the building and tenant, while maintaining the aesthetic value, attractiveness, and compatibility of the current land use and existing sign, as well as surrounding land uses. Furthermore, the proposed sign would clearly identify the location of the business, thereby enabling clients to easily find their destination


HD-2 Commercial building and parking lot / undeveloped


North - HD-2 Medical uses / hotel South - C-S Office uses East - D-P Medical office uses West - HD-2 Undeveloped

(Continued)

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STAFF REPORT 2018-APP-007 (Continued)

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Lawrence Township (2005) recommends community commercial.

THOROUGHFARE PLAN This portion of North Shadeland Avenue is designated in the Marion County Thoroughfare Plan as a primary arterial, with an existing 100-foot right-of-way and a proposed 102-foot right-of-way.

CONTEXT AREA This site is located within the metro context area.

SITE PLAN File-dated April 12, 2018

SIGN ELEVATIONS File-dated April 12, 2018

FINDINGS OF FACT File-dated April 12, 2018


ZONING HISTORY 2017-APP-011; 7910 and 7930 North Shadeland Avenue, requested Hospital District Two Approval to provide for a 30,000-square foot medical office building, with signs, parking and landscaping, approved. 2000-APP-079; 7920 North Shadeland Avenue (north of site), requested Hospital District-Two approval to provide for construction of a family restaurant, approved. VICINITY 2015-APP-020; 8075 Shadeland Avenue and 7150 Clearvista Drive (east of site), requested Hospital District-One Approval to provide for a skybridge pedestrian connector, with a minimum clearance of 17.5 feet over Clearvista Way, from Community Hospital North to the Community Heart and Vascular Hospital, approved. 2013-APP-014; 7930 North Shadeland Avenue (west of site), requested Hospital District Two Approval to provide for a 10.4-square foot address wall sign, an 18.3-square foot logo and an 84-square foot wall sign on the east elevation and an 18.3- square foot logo and 84-square foot wall sign on the west elevation, approved. 2005-APP-060; 7930 Shadeland Avenue (west of site), requested HD-2 approval to provide for the development of a 26,040-square foot medical office building, with 131 off-street parking spaces, and a sign program to be submitted at a later date subject to approval of the Administrator, approved. 2004-APP-024; 7800 and 7914 North Shadeland Avenue (south of site), requested HD-2 approval to provide for a two-story, 12,822-square foot medical office complex, approved.

(Continued)

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STAFF REPORT 2018-APP-007 (Continued) 2001-APP-073; 7800 North Shadeland Avenue (south of site); requested HD-2 approval to provide for the construction of a 15,832-square foot medical office building, with six wall signs, and 80-off-street parking spaces, approved. 2000-APP-836 / 2000-VAR-836; 7920 North Shadeland Avenue, requested Hospital District-Two approval to provide for an integrated center pole sign and a variance of development standards of the Sign Regulations to provide for sign that was taller and larger than permitted, without the required separation from a protected district, approved and granted. 99-AP-86; 7920 North Shadeland Avenue (south of site), requested Hospital. District-Two approval to provide for illuminated wall signs, ground signs and pole sign, approved. 99-Z-152 / 99-CV-6; 7802 North Shadeland Avenue (north of site), requested rezoning of 2.004 acres, from the C-1 District to the HD-2 classification to provide for a suites hotel to serve the hospital district area and a variance of development standards of the Sign Regulation to provide for a six-foot tall, 60-square foot incidental sign, approved and granted. 98-AP-53; 7920 North Shadeland Avenue (north of site), requests HD-2 approval to provide for the construction of a 101 room hotel, approved. 96-Z-24; 7802 North Shadeland Avenue (south of site), requested rezoning of 2.004 acres from the HD-2 District to the C-1 classification to provide for commercial development, approved. 96-Z-24 / 96-CV-8; 7802 North Shadeland Avenue (south of site), requested a rezoning of 2.004 acres, from the HD-2 District to the C-1 classification to provide for commercial development and a variance of development standards of the Commercial Zoning Ordinance to provide for commercial development without public street frontage, approved and granted. 94-Z-35; 8009 North Shadeland Avenue (north of site), requested rezoning of 13.07 acres, from the D-A District to the C-S classification to provide for the development of a home improvement store, approved. 91-Z-20 / 91-AP-34; 7920 North Shadeland Avenue (north of site), requested rezoning of 14.976 acres from the D-A District to the HD-Two classification to provide for hospital-related uses and Hospital District Two approval to provide for the development of medical offices, clinic, and licensed ambulatory outpatient surgical center and medical laboratories, surgical and medical supply firms, hospital and sick room equipment sales and rental, and nursing, convalescent and retirement home homes, approved. kb *******

80

View looking southwest at existing building

View looking east at existing building on site

81

View from site looking south, along North Shadeland Avenue

View from site looking south

82

View from site looking west

View from site looking north

83

View from site looking northwest

View from site looking north

84

View from site looking northwest

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STAFF REPORT



Case Number: 2018-ZON-038 Address: 2215 Lafayette Road (Approximate Address) Location: Wayne Township, Council District #11 Petitioner: Basim Najeeb Request: Rezoning of 1.4 acres from the C-4 (W-5) district to the C-5 (W-5)

classification.

RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES ◊ This 1.4-acre site, zoned C-4 (W-5), is developed with a single-family dwelling and accessory

structures that have been converted to commercial uses. It is surrounded by commercial uses to the north, zoned C-4; a single-family dwelling to the south, zoned D-4; single-family dwellings to the east, zoned D-4; and commercial uses to the west, across Lafayette Road, zoned C-5 and D-5.

◊ Prior to 2003 this site was split-zoned with C-4 on the western portion of the site and D-4 on

the eastern portion of the site. Petition 2003-ZON-132 rezoned the entire site to the C-4 District.

REZONING

This request would rezone the site from the Community Regional C-4 District to the General Commercial C-5 classification. “The C-5 District is designed to provide areas for those retail sales and service functions whose operations are typically characterized by automobiles, outdoor display, or sales of merchandise; by major repair of motor vehicles; by outdoor commercial amusement and recreational activities; or by activities or operations conducted in buildings or structures not completely enclosed. The types of uses found in this district tend to be outdoor functions, brightly lit, noisy, etc. Therefore, to provide a location where such uses can operate in harmony with the vicinity, the C-5 district should be located on select heavy commercial thoroughfares and should avoid locating adjacent to protected districts.”

(Continued)

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STAFF REPORT 2018-ZON-038 (Continued)

Staff supported rezoning of the site to the C-4 District because of the commercial to the north and west of site. “The C-4 District is designed to provide for the development of major business groupings and regional-size shopping centers to serve a population ranging from a community or neighborhoods to a major segment of the total metropolitan area. These centers may feature a number of large traffic generators such as home improvement stores, department stores, and theatres. Even the smallest of such freestanding uses in this district, as well as commercial centers, require excellent access from major thoroughfares. While these centers are usually characterized by indoor operations, certain permitted uses may have limited outdoor activities, as specified.”

Staff believes the C-4 District is appropriate for this site because of the proximity of residential development to the east and the limitations placed on the outdoor activities that would be detrimental to the neighborhood to the east. Permitting a more intense and more impactful commercial use adjacent to residences would not be appropriate. Staff would note that the Ordinance specifically states that the C-5 District “should avoid locating adjacent to protected districts.”

Staff would note that the Marion County Public Health Department has raised questions regarding connections to public sewer and public water on this site. It is not clear whether this site is connected to either one of those public utilities. Further investigation and research would be necessary to determine the steps required to comply with regulations related to public sewer and water. Additionally, this site is located within an Indiana Department of Environmental Management (IDEM) project area IDEM 0153 due to contamination of several of the Citizens Energy Group (CEG) public wells.

Since the 2003 rezoning, historical aerials indicate that activities and accessory buildings have incrementally moved closer to the neighborhood to the east. Furthermore, there have been three zoning violations (see below) that demonstrate a pattern of intensification of commercial activities and failure to comply with the Ordinance:

VIO06-04235 – parking of a commercial vehicle in a C-4 District VIO07-00068 – failure to obtain proper permits for exterior and interior renovations VIO16-000589 – Unlicensed vehicle and automotive sales in D-4 District

For these reasons staff cannot support the requested rezoning to a more intense and impactful commercial use.

WELLFIELD PROTECTION SECONDARY ZONING

A wellfield is an area where the surface water seeps into the ground to the aquifer and recharges the wells that are the source of our drinking water. This secondary zoning district places closer scrutiny on uses and activities that might contaminate the underground drinking water supply.

(Continued)

87


There are two wellfield district designations. An area identified as W-1 is a one-year time-of-travel protection area. The W-5 is a five-year time-of-travel protection area. All development within these districts are subject to Commission approval. The filing of a site and development plan is required and subject to approval, on behalf of the Commission, by a Technically Qualified Person (TQP), unless exempted by the Ordinance.

“Because of the risk that hazardous materials or objectionable substances pose to groundwater quality, it is recognized that the further regulation of the manufacturing of, handling, transfer, disposal, use or storage of hazardous materials or objectionable substances related to nonresidential use activities is essential in order to preserve public health and economic vitality with Marion County.”

◊ All uses permitted in the applicable primary zoning district shall be those uses permitted in

the W-1 and W-5 zoning districts, unless otherwise prohibited by the Ordinance, and provided no other secondary zoning district prohibits the use.

◊ “No building, structure, premises or part thereof shall be altered, constructed, converted,

erected, enlarged, extended, modified, or relocated except in conformity with this Section, and not until the proposed Site and Development Plan has been filed with and approved on behalf of the Commission by the Technically Qualified Person (TQP). Regulations found in Chapter 742, Article II, Section 4 shall apply to all land within the Wellfield Protection Zoning Districts. The entire site shall be subject to review by the TQP. These regulations shall be in addition to all other primary and secondary zoning district regulations applicable to such land, and in case of conflict, the more restrictive regulations shall apply.”

The subject site is located in W-5 White River well head protection area and any use or development within a wellfield protection district would be subject to the Technically Qualified Person (TQP) review and approval, unless and until the property owner provides sufficient justification that the type of use, type of facility, and chemical quantity limits, independent of the land use would be exempt from the requirements for filing a development plan. Otherwise, a development plan would be required to be filed and approved on behalf of the Metropolitan Development Commission by the (TQP). Contaminants that would have an adverse effect would include chemicals that are used in the home, business, industry, and agriculture. Chemicals such as furniture strippers, lawn and garden chemicals, cleaning chemical and solvents, gasoline, oil, and road salt can all contaminate groundwater supplies if poured on the ground or improperly used or stored

(Continued)

88

STAFF REPORT 2018-ZON-038 (Continued) GENERAL INFORMATION EXISTING ZONING AND LAND USE

C-4 Single-family dwelling / accessory buildings


North - C-4 Commercial uses South - D-4 Single-family dwelling East - D-4 Single-family dwellings West - C-5 / D-5 Commercial uses


The Lafayette Road / Coffin Park Neighborhood Plan (2009) recommends multi-family, specifically the D-8 District.

THOROUGHFARE PLAN This portion of Lafayette Road is designated in the Marion County Thoroughfare Plan as a primary arterial, with an existing and proposed 96-foot right-of-way and a proposed 102-foot right-of-way.


WELLFIELD PROTECTION DISTRICT

This site is located in the White River wellfield protection district.


ZONING HISTORY 2003-ZON-132; 2215 Lafayette Road, requested rezoning of 1.4 acres from D-4 (W-5) and C-4 (W-5) to the C-4 (W-5) to provide for commercial uses, approved. VICINITY 2015-ZON-092; 2307 Lafayette Road (north of site), requested rezoning of 1.25 acres from the C-4 (W-5) and D-4 (W-5) districts to the C-5 (W-5) classification to provide for automobile sales, denied. 2010-ZON-094; 2333 Lafayette Road (north of site); requested rezoning of 7.29 acres from the SU-I (W-5) District to the C-4 (W-5) classification to provide for a commercial parking lot, approved. 2010-ZON-088; 2403-2425 Lafayette road and 2620 Kessler Boulevard, North Drive (north of site), requested rezoning of 1.35 acres, from the D-4 and C-4 Districts, to the C-4 classification to provide for commercial use, approved.

(Continued)

89

STAFF REPORT 2018-ZON-038 (Continued) 2009-ZON-054; 2333 Lafayette Road (north of site), requested rezoning of seven acres, from the SU-1 (W-5) District, to the D-9 (W-5) classification to provide for suburban, high-rise, multi-family dwelling uses, approved. 2007-UV2-016; 2219 Lafayette Road (north of site), requested a variance of use and development standards of the Commercial Zoning Ordinance to legally establish outdoor storage and repair of inoperable automobiles, automobile sales, gravel storage area, reduced setbacks, unenclosed trash container in front of the front building line and reduced off-street parking spaces, denied. 2005-UV1-041; 2223 Lafayette Road (north of site), requested a variance of use and development standards to legally establish automobile sales and repair and a salvage yard, with gravel parking located 59 feet from the centerline of Lafayette Road, and to provide for the construction of a 2,400-square foot addition to an existing 2,624-square foot building in D-4 and C-4 Districts, denied. 2004-ZON-106; 2333 Lafayette Road (north of site), requested rezoning of 14.4 acres from D-S, C-S and C-4 to SU-1, approved. 2004-UV2-016; 2333 Lafayette Road (north of site), requested variance of use of the CZO to provide for religious uses and a daycare, withdrawn. 2004-AP2-003; 2333 Lafayette Road (north of site), requested appeal of Administrator’s decision, related to 2004-UV2-016, which stated that a criminal defender rehabilitation facility with life skills training, job training, counseling, and vocational educational services is a permitted use in the C-4 district, appeal withdrawn. 2002-ZON-049; 2500 Cold Spring Road (east of site), requested rezoning of 18.3 acres from D-S (W-5) to SU-1 (W-5), approved. 2000-ZON-021; 2605 Kessler Boulevard, North Drive (north of site), requested rezoning of 1.68 acre from D-4 to C-5, approved. 96-V1-86; 2351 Lafayette Road (north of site), requested variance of development standards of the CZO to provide for operation of a package liquor store within 52 feet of a protected district, granted. 96-UV3-29; 2219 Lafayette Road (north of site), requested a variance of se and development standards to provide for the continued operation of sale and display of automobiles with a zero-foot south transitional yard, granted.

(Continued)

90

STAFF REPORT 2018-ZON-038 (Continued) 90-UV3-59; 2219 Lafayette Road (north of site), requested a variance of use and development standards to provide for an outdoor automotive sales business, denied (appealed by writ of certiorari; ordered remanded to the BZA by a Court of Appeals due to a failure to adopt findings). 89-UV1-15; 2310 Lafayette Road (west of site), requested variance of use and development standards of the CZO to provide for sale and repair of automobiles, with outdoor operations and storage, on a site with deficient drive aisles and setbacks, granted. kb *******

92

View of site looking east across Lafayette Road

View of site looking east across Lafayette Road

93

View of site looking northeast across Lafayette Road


94


View looking east at adjoining property to the north and the site

95

View looking east at site and adjoining property to the south

View from site looking west across Lafayette Road

96

View from site looking west across Lafayette Road

97

STAFF REPORT


Current Planning Section Case Number: 2018-ZON-039 Address: 8415 West Washington Street (Approximate Address) Location: Wayne Township, Council District #22 Petitioner: Harjinder Singh Request: Rezoning of 3.6 acres from the C-4 district to the C-7 classification.

RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 3.5293-acre site, zoned C-4, is undeveloped. It is surrounded by commercial uses to the north, across West Washington Street, zoned C-S; airport-related uses to the south, across North Perimeter Road, zoned SU-46; undeveloped land to the east, zoned D-3; and undeveloped land to the west, zoned C-3.

Petition 83-UV2-97 provided for a retail bakery, on-site food preparation and indoor storage. Petition 87-Z-99 rezoned the site from the D-3 District to the C-3 classification to provide for retail development. Petition 87-AP2-8 extended the time to pave the parking and driving areas as required by the 1983 variance. Petition 97-Z-232 rezoned the site from the C-3 District to the C-4 classification.

REZONING ◊ This request would rezone the site from the C-4 District to the C-7 classification to provide for

semi-truck parking with office and possible garage bay for trucks. “The C-7 District is designed to provide specific areas for commercial uses which have unusually incompatible features relative to other commercial uses, such as major outdoor storage or display of sizeable merchandise and the outdoor parking and storage of trucks, materials or equipment essential to the operation of these uses. Many of these uses generally are not visited by customers, but rather involve service operations from headquarters with some on-site fabrication of parts. The nature of operation or appearance are more compatible with industrial than retail commercial activities. Because of the character and intensity of these uses, this district should be appropriately located on major commercial arterial thoroughfares and near interstate freeways, but not in close association with those commercial activities involving shopping goods, professional services, restaurants, food merchandising, and the like. Due to the intensity of uses, location of this district should never be adjacent to protected districts.”

(Continued)

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STAFF REPORT 2018-ZON-039 (Continued) ◊ The Comprehensive Plan recommends airport related mixed-use, which is a land use

category consisting of commercial and industrial land uses that are consider complementary to airport development. As proposed, this rezoning would not be complementary or related to airport development. The proposed use would be better suited within an industrial area, rather than along a major and less intense commercial corridor. The existing C-4 District, if properly developed, would serve and enhance the ongoing efforts of the Westside Strategic Revitalization and Airport TIF Implementation Plan scheduled to begin as early as 2019. For these reasons, staff is recommending denial of this request.

Tree Preservation / Heritage Trees

If approved, this development would also be subject to the Heritage Tree Conservation provision of the Ordinance (see Exhibit A).

The Ordinance defines “heritage tree” as a tree over 18 inches Diameter at Breast Height (DBH) and one of the Heritage tree species. Heritage tree species include: Sugar Maple (Acer saccharum), Shagbark Hickory (Carya ovata), Hackberry (Celtis occidentalis), Yellowwood (Cladrastus kentukea), American Beech (Fagus grandifolia), Kentucky Coffeetree (Gymnocladus diocia), Walnut or Butternut (Juglans), Tulip Poplar (Liriodendron tulipifera), Sweet Gum (Liquidambar styraciflua), Black Gum (Nyssa sylvatica), American Sycamore (Platanus occidentalis), Eastern Cottonwood (Populus deltoides), American Elm (Ulmus americana), Red Elm (Ulmus rubra) and any oak species (Quercus, all spp.)

There are significant amounts of natural vegetation and tree located on the subject site, particulary along the southern boundary. Due to their inherent ecological, aesthetic, and buffering qualities, the maximum number of these existing trees should be preserved on the site. Staff is recommending that development of the subject site include a tree assessment by a certified arborist to determine the species of trees, their condition and a risk assessment of all trees over 18 inches in diameter that would be impacted by development. If any of the trees are heritage trees that would be impacted, then the Ordinance requires that the Administrator, Urban Forester or Director of Public Works determine whether the tree(s) would be preserved.

The Ordinance also provides for replacement of heritage trees if a heritage tree is removed or dies within three years of the Improvement Location issuance date. (see Exhibit A, Table 744-503-3: Replacement Trees).

If approved staff would recommend the following commitments: 1. Development of the site shall include a tree assessment by a certified arborist

to determine the species of trees, their condition and a risk assessment of all trees over 18 inches in diameter that would be impacted by development.

2. A tree preservation plan, including the Heritage Tree provision of the Ordinance, shall be submitted for Administrator’s Approval prior to the issuance of an Improvement Location Permit.

(Continued)

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C-4 Undeveloped


North - C-S Commercial development South - SU-46 Airport related uses East - D-3 Undeveloped West - C-3 Undeveloped

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Wayne Township (2006) recommends airport related mixed-use.

This site is also located on the Blue Rapid Transit Line Plan (2013) connecting the Indianapolis airport to the downtown area via Washington Street.

THOROUGHFARE PLAN This portion of West Washington Street is designated in the Marion County Thoroughfare Plan as a primary arterial, with an existing and proposed 120-foot right-of-way.




ZONING HISTORY 97-Z-232; 8401 and 8411 West Washington Street, requested rezoning from the C-3 District to the C-4 classification, approved. 87-AP2-8; 8401 West Washington Street, requested approval to extend the time to hard-surface the parking and driving area pursuant to the 83-UV2-97 variance, granted. 87-Z-99; 8401 West Washington Street, requested rezoning of 3.6 acres, being in the D-3 District to the C-3 classification to provide for commercial use, approved. 83-UV2-97; 8401 West Washington Street, requested a variance of use and development standards of the Dwelling Districts Zoning Ordinance to allow a retail bakery with some on-site preparation of goods, indoor storage of equipment, and reuse of existing building, granted. 65-V-58; 8401 West Washington Street, requested a variance of use to provide for sales and service of hearses and ambulances, granted. 62-V-22; 8401 West Washington Street, requested a variance of use to provide for construction of three model houses, granted. kb *******

100

Exhibit A Heritage Tree Conservation Removal of any Heritage Tree is prohibited unless any of the following determinations are made before removal: 1. The Administrator or the city’s Urban Forester determines that the tree is dead, significantly







(inches)





Over 36 DBH 15 10

25.5 to 36 DBH 11 8

13 to 25 DBH 8 6

10.5 to 12.5 DBH 6 4

8.5 to 10 DBH 5 4

6.5 to 8 3 2

4 to 6 2 2

2.5 to 3.5 1 1

102

View of site looking west along West Washington Street

View looking east along West Washington Street

103

View of site looking south across West Washington Street

View of site looking south across West Washington Street

104

View of site looking east from abutting property to the west

View of site looking east

105

View from site looking north across West Washington Street

106

STAFF REPORT



Case Number: 2018-ZON-040 Address: 6100 Madison Avenue (approximate address) Location: Perry Township, Council District #24 Petitioner: Mara Evangelical Church, by David Kingen and Justin Kingen Request: Rezoning of 2.76 acres from the D-3 District to the SU-1 classification.

The petitioner’s representative has requested a continuance from the May 24, 2018 hearing, to the July 26, 2018 hearing. RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 2.76-acre site, zoned D-3, is undeveloped. It is surrounded by single-family dwellings to the north, east and west, zoned D-3; and undeveloped land to the south, zoned D-3.

Petition 2006-DV3-048 provided for the construction of a single-family dwelling on a lot with zero feet of public street frontage, without direct access to an improved public street and construction of a driveway in the public right-of-way of Beechwood Lane.

The site is also located in Critical Area 51 and specifically references the land use recommendation for this site as follows: “The park designation for the interior portion of 6100 block of Madison Avenue is intended as a passive, conservation-oriented private or public park. Active recreation uses are not anticipated.” See Exhibit A.

(Continued)

107

STAFF REPORT 2018-ZON-040 (Continued) REZONING ◊ This request would rezone the site from the D-3 District to the SU-1 classification. Religious

uses are generally considered compatible with residential development if they are designed and developed properly to address issues such as parking, hours of operation, outdoor activities, signs, setbacks, and landscaping. In this case, however, staff cannot support the rezoning because no infrastructure exists to support a use that invites the public, potentially in large numbers. Specifically, Beechwood Lane is a 25-foot wide unimproved right-of-way that intersects Orinoco Avenue approximately 386 feet to the west and Madison Avenue approximately 312 feet to the east. In other, words, access to the site presents a major issue. Staff’s photographs of the site were taken from a distance because of the lack of access to the site. Furthermore, there are no sewers in the immediate area to serve what could be a large congregation.

◊ The Comprehensive Plan land use recommendation is for park, indexed to residential

development at zero- to 1.75 units per acre.

“Indexing is a method of numerically assigning an alternate land use recommendation to an area. The primary land use recommendation represents the most appropriate and acceptable use for an area. The alternate land use is considered less appropriate than the primary land use unless it is clearly demonstrated to the Metropolitan Development Commission or Board of Zoning Appeals that development of the alternate recommendation would adequately protect the major features of the primary recommendation.

It is staff’s opinion the introduction of religious uses, without any infrastructure whatsoever, on land proposed for park would set a precedence and encourage similar intrusions and disrupt the implementation of the Plan and the surrounding residential land uses. Furthermore, the land use recommendation of park would be more appropriate, given the limitations of this site.


If approved, this development would also be subject to the Heritage Tree Conservation provision of the Ordinance (see Exhibit B).


(Continued)

108


There are significant amounts of natural vegetation and tree located on the subject site. Due to their inherent ecological, aesthetic, and buffering qualities, the maximum number of these existing trees should be preserved on the site. Staff is recommending that development of the subject site include a tree assessment by a certified arborist to determine the species of trees, their condition and a risk assessment of all trees over 18 inches in diameter that would be impacted by development. If any of the trees are heritage trees that would be impacted, then the Ordinance requires that the Administrator, Urban Forester or Director of Public Works determine whether the tree(s) would be preserved.

The Ordinance also provides for replacement of heritage trees if a heritage tree is removed or dies within three years of the Improvement Location issuance date. (see Exhibit B, Table 744-503-3: Replacement Trees).

If approved staff would recommend the following commitments: 3. Development of the site shall include a tree assessment by a certified arborist

to determine the species of trees, their condition and a risk assessment of all trees over 18 inches in diameter that would be impacted by development.


Fire Code ◊ This site would also be subject to, but not limited to, the following Indiana Fire Code provisions: Indiana Fire Code 2014




(Continued)

109


D-3 Undeveloped land


North - D-3 Single-family dwellings South - D-3 Undeveloped land East - D-3 Single-family dwellings West - D-3 Single-family dwellings

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Perry Township (2006) recommends park, indexed to residential development at zero to 1.75 units per acre. The site is also located in Critical Area 51.

THOROUGHFARE PLAN This portion of Madison Avenue is designated in the Marion County Thoroughfare Plan as a secondary arterial, with an existing and proposed 136-foot right-of-way.




ZONING HISTORY 2006-DV3-048; 6100 Madison Avenue, requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a single-family dwelling on a lot with zero feet of public street frontage, reduced lot width at the required front setback, and without direct access to an improved public street and to provide for the construction of a driveway in the public right-of-of way of Beechwood Lane, granted. 87-V1-9; 6170 Madison Avenue, requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a single-family residence on a site that does not have public street frontage, withdrawn. kb *******

111

EXHIBIT A Critical Area 51 Location: Madison Avenue corridor from Huntstead Lane (north of Epler Avenue) to Tulip Drive (north of Southport Road) Why Critical: With two exceptions Madison Avenue is solidly residential from Stevens Street south to Tulip Drive. This stretch of Madison Avenue runs through the included town of Homecroft . It is distinctive for its frontage streets and large lots with extensive setbacks. It is critical to the residential character of this corridor as well as to the stability of the surrounding neighborhoods that this portion of Madison Avenue remains solidly residential with no commercial encroachments. Only a few residential blocks remain in the stretch of Madison Avenue north from Edgewood Avenue to Thompson Road. Signs of commercial disinvestment in a few of the properties along Madison Avenue to the north of this residential area would suggest that additional commercial expansion in this vicinity is not in the best interests of the long term viability of the area. It is critical to the stability of the surrounding neighborhoods that these areas remain residential or at least residential in terms of scale, mass and intensity of use. Parking and signage should be kept to a minimum. Parking should be well screened from neighboring residences and the street. Within the whole of the Critical Area, the area along Epler Avenue between Madison Avenue and the Louisville & Indiana Railroad is a notable sub-area. On the northeast and southeast corners of the intersection of Madison and Epler Avenues is an area of heavy commercial uses, some of which are showing signs of disinvestment. Continuing east along Epler Avenue is a series of single family homes. At the railroad tracks, industrial uses are located on both sides of Epler Avenue. The industrial use to the north wraps around the northside of the residential properties. The land use plan recommends industrial use for much of this vicinity. The Louisville & Indiana Railroad which parallels Madison Avenue for much of its length is under study as a potential rapid transit corridor linking Greenwood and the southern portions of Marion County with downtown Indianapolis and a region-wide rapid transit network. It is possible that Edgewood Avenue, as a major east-west corridor, could be the location of a transit stop or station. Although conjectural at this point, it is critical to consider the land use implications of the potential transit stop or station. Portions of the Critical Area have been designated with the secondary land use recommendation “Environmentally Sensitive” to call attention to significant tree cover. By the standards set up by the Indianapolis Department of Parks and Recreation, Perry Township is in need of significantly more park acreage and linear park mileage in order to adequately serve the population.

112

Recommendations:

Restrict community commercial development to the immediate corners of the intersection of Edgewood Avenue and Madison Avenue and to the east side of Madison Avenue between Whalen Avenue and Epler Avenue as shown on map. Restrict office commercial development to the west side of Madison Avenue between Dudley Avenue and Whalen Avenue, to the southeast corner of Madison and Whalen avenues and to the parcels immediately adjacent to the retail sites on the east of Madison Avenue at Edgewood Avenue as shown on map. The retail commercial sites on the east side of Madison Avenue at Southview Drive should be redeveloped as office commercial sites. Retail development should not encroach upon areas of existing or planned residential development.

The expansion of the light industrial recommendation in the area of Madison Avenue and Epler Avenue is meant to encourage an integrated light industrial use. Piecemeal development of any use or expansion of the heavy commercial uses already present in the area is not intended by the light industrial recommendation. Industrial expansion should be well buffered from the existing residential uses.

The wooded areas designated as Environmentally Sensitive should be preserved to the extent possible.

Should the Louisville & Indiana Railroad cease to function as a rail line or rapid transit line, the land use recommendation for the rail corridor shall change to Linear Park for provision of an active greenway trail. Also at this time the Special Use designation for the east-west power line that crosses the railroad would also change to Linear Park to provide for neighborhood trail connections to the trail on the rail corridor.

The park designation for the interior portion of 6100 block of Madison Avenue is intended as a passive, conservation-oriented private or public park. Active recreation uses are not anticipated.

113

EXHIBIT B Heritage Tree Conservation Removal of any Heritage Tree is prohibited unless any of the following determinations are made before removal: 1. The Administrator or the city’s Urban Forester determines that the tree is dead, significantly







(inches)





Over 36 DBH 15 10

25.5 to 36 DBH 11 8

13 to 25 DBH 8 6

10.5 to 12.5 DBH 6 4

8.5 to 10 DBH 5 4

6.5 to 8 3 2

4 to 6 2 2

2.5 to 3.5 1 1

114

View of site (left side) looking east

View of site (right side background) looking west

115

View of site (background) looking northwest

View of site (background) looking west

116

STAFF REPORT


Current Planning Section Case Number: 2018-ZON-041 Address: 7425 East Washington Street (approximate address) Location: Warren Township, Council District #18 Petitioner: AMERCO Real Estate Company, by Holly Reading Request: Rezoning of 12.54 acres from the C-4 district to the C-S classification

to provide for self-storage, truck and trailer sharing and rental and related retail sales.

Because an adequate legal description has not been submitted for this petition, this petition should be continued from the May 24, 2018 hearing to the June 14, 2018 hearing in order for an acceptable legal description to be provided to the file for review and mapping. GENERAL INFORMATION EXISTING ZONING AND LAND USE

C-4 Vacant Big Box Store


North - C-4 Commercial South - D-5 Residential East - D-2, C-4 &

C-5 Mobile home park and commercial

West - C-4 Self-storage facility and commercial

COMPREHENSIVE PLAN The 2006 Comprehensive Land Use Plan for Warren Township

recommends community commercial.

THOROUGHFARE PLAN This portion of East Washington Street is designated as a primary arterial on the Official Thoroughfare Plan, with an 89-foot existing and proposed right-of-way.


SITE PLAN

AMENDED SITE PLAN


File-dated May 17, 2018 ZONING HISTORY 2016-CZN-837 / 2016-CVR-837; 7410 and 7424 East Washington Street, requests rezoning of 1.19 acres from the C-3 district to the C-4 classification and a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a canopy with a six-foot front setback from the proposed (existing) right-of-way, and to provide for a carwash and accessory uses, within approximately 28 feet of a protected district, approved and granted.

(Continued)

117

STAFF REPORT 2018-ZON-041 (Continued) 2016-AP3-002; 7410 and 7424 East Washington Street, requested a waiver of the Refiling Rule related to 2015-UV3-031, to permit the refiling of a variance of use petition, prior to the expiration of the one-year waiting period, granted. 2015-UV3-031; 7410 and 7424 East Washington Street, requested a variance of use and development standards of the Commercial Zoning Ordinance to provide for the expansion of a carwash, with additional vending, change and storage structures and 16 vacuum stations (not permitted), with a five-foot north side transitional yard (20-foot transitional yard required), with said facilities being within 100 feet of a protected district, denied. 2011-DV1-019; 7410 East Washington Street, requested a Variance of Development Standards of the Commercial Zoning Ordinance to provide for a 312-square foot outdoor seating area, granted. 2005-UV3-010; 7331 East Washington Street, requests a variance of use of the Commercial Zoning Ordinance to provide for the construction of 85,600 square feet of storage unit buildings (not permitted) for an existing storage business permitted by variance petitions 2003-UV3-034 and 2004-UV3-022, granted. 2004-UV3-022, 7331 East Washington Street (subject site), requested a variance of use of the Commercial Zoning Ordinance to provide for a 108,030-square foot outdoor storage area addition to an existing one-story, 97,125-square foot indoor storage facility for the storage of boats, motor homes, automobile trailers and other vehicles and the construction of 312 individual storage units to eventually replace the proposed outdoor storage area, approved. 2003-UV3-034, 7331 East Washington Street (subject site), Variance of use of the Commercial Zoning Ordinance to provide for a climate-controlled, self-storage facility, approved. 2000-ZON-143; 7340, 7360, 7362, and 7364 East Washington Street, requested to rezone 0.96 acre from D-3 to C-1, to provide for commercial uses, approved.

86-UV2-92; 7470 East Washington Street, requested a Variance of Development Standards of the Commercial Zoning Ordinance to provide for a drive-through car wash without the required transitional yard and without the required landscaping along Burbank Road, in C-3, granted. 72-V3-44; 7410 East Washington Street, requested a Variance of Development Standards and transitional yard requirements to erect a restaurant with a pole sign, in C-3, granted. LWC *******

119

STAFF REPORT


Current Planning Section Case Number: 2018-ZON-043 Address: 6401 Westhaven Drive (approximate address) Location: Pike Township, Council District #10 Petitioner: K & S Properties, LLC by Timothy H. Button Request: Rezoning of 1.06 acres from the C-S district to the C-S classification to

provide for religious uses, automobile repair and to Terminate Commitment Two of 88-Z-45 to permit outside operations and overnight storage of vehicles.

RECOMMENDATIONS Staff recommends approval of the rezoning to allow for the proposed uses. Staff recommends denial to terminate Commitment Two of 88-Z-45 to permit outside operations and overnight storage of vehicles. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 1.06-acre site, zoned C-S, is developed with a one-story industrial building and parking. It is surrounded by industrial uses to the north, across Westhaven Drive; industrial uses to the south; religious uses to the east; and religious uses, to the west, all zoned C-S.

REZONING ◊ This request would rezone the site from the C-S District to the C-S classification to provide

for religious uses, automobile repair and to Terminate Commitment Two of 88-Z-45 to permit outside operations and overnight storage of vehicles. See Exhibit A.

◊ The C-S (Special Commercial) District is established for a number of purposes, including, but

not limited to “a more creative approach in land planning” and “assure compatibility of land uses, both within the C-S district and with adjacent areas.” The C-S District provides “maximum adaptability and flexibility in zoning and development controls to meet the changing and diverse needs of the metropolitan area” and permits, within a single zoning district, multi-use commercial complexes or land use combinations of commercial and noncommercial uses. The district provides flexibility and procedural economy by permitting the broadest range of land use choices within a single district, while maintaining adequate land use controls.”

(Continued)

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STAFF REPORT 2018-ZON-043 (Continued) ◊ Religious uses are permitted in commercial districts. Staff, therefore, supports this request,

because religious uses at this location would not have a detrimental impact upon surrounding land uses and because a majority of the activities associated with religious uses would occur when most of the surrounding industrial and commercial uses would have minimal activity.

◊ The Ordinance defines automobile service or repair as follows:

The major or minor repair and maintenance of automobiles, motorcycles, trucks, vans,

trailers, scooters, all-terrain vehicles, and similar vehicles under 14,000 pounds gross vehicle weight rating (GVWR). This definition includes uses such as automobile oil change or lubrication shop; automobile tune up shop; engine repair shop; air conditioning equipment repair; automobile body repair/paint shop; brake system repair or service; detailing/trim shop; exhaust system (muffler) repair shop; glass replacement shop; rust proofing; speed/tuning shop; parts and supply store; tire alignment, retreading, or repair shop; tire dealers; motorcycle paint shop; motorcycle repair shop; and transmission repair and service shop.

◊ There is a history of automotive related uses on this site because petition 88-Z-45 rezoning

provided for vehicle protection and detail services, which are included in the definition of automobile service or repair. Staff believes that the return of this type of use would not be detrimental to or negatively impact the surrounding land uses.

◊ Staff is, however, concerned with eliminating the commitment that prohibits outside

operations and overnight storage of vehicles. The Ordinance requires that all servicing, motor repair, or body repair be conducted within an enclosed building and that no more than 24 hours of vehicle storage be permitted, thereby, minimizing the impact on the adjacent land uses. Allowing outside operations and overnight storage of vehicles beyond the permitted 24 hours, would inappropriately increase of intensity of commercial use would be detrimental to the uses within this area. Staff, therefore, cannot support the termination of Commitment Two of the 1988 rezoning.

FLOODWAY FRINGE

This site has a secondary zoning classification of a Floodway (FW). The Floodway (FW) is the channel of a river or stream and those portions of the floodplains adjoin the channels which are reasonably required to efficiently carry and discharge the peak flood flow of the base flood of any river or stream.

The purpose of the floodway district is to guide development in areas identified as a floodway. The Indiana Department of Natural Resources (IDNR) exercises primary jurisdiction in the floodway district under the authority of IC 14-28-1.

(Continued)

121



C-S Auto repair / commercial offices


North - C-S Industrial uses South - C-S Industrial uses East - C-S Religious uses West - C-S Religious uses

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Pike Township (2005) recommends heavy commercial.

THOROUGHFARE PLAN This portion of Westhaven Drive is designated in the Marion County Thoroughfare Plan as a local street, with an existing and proposed 50-foot right-of-way.



This site is located in the floodway of Mud Run.

ZONING HISTORY 88-Z-45; 6401 Westhaven Drive, requested rezoning of 2.16 acres from the C-S District to the C-S classification to provide for vehicle protection and detail services, approved. 86-UV3-46; 6401 Westhaven Drive, requested a variance of use of the Commercial Zoning Ordinance to provide for the preparation and delivery of pizza, granted. VICINITY 2018-ZON-006; 6405 Westhaven Drive (west of site), requested rezoning of 1.08 acres, from the C-S (FW) district to the C-S (FW) classification to provide for religious uses in addition to the uses approved by 88-Z-45 and 84-Z-92, approved. 84-Z-92; 6365 Westhaven Drive (east of site), requested rezoning of 2.16 acres, being in the C-S and C-3 District, to the C-S classification to provide for uses including offices, warehousing, small assembly and packaging, computer center, technical data processing and distribution, approved.

(Continued)

122

STAFF REPORT 2018-ZON-043 (Continued) 78-UV2-81A; 6355 Westhaven Drive (east of site), requested a variance of use to erect a building for racquetball / handball courts, granted. 74-AP-61; 3912 Glen Arm Road (west of site), requested approval to provide for self-service storage warehouses, approved. 70-Z-5; 4002 North High School Road (east of site), requested rezoning of 28.51 acres, being in the D-3 District, to the C_S classification to provide for a distribution center, including warehousing, small assembly and packaging, a computer center, technical data processing and office, approved. kb *******

124

EXHIBIT A

126

View looking east along Westhaven Drive – building on right

View looking west along Westhaven Drive

127



128

View of site looking south

View of site looking south along western boundary

129

View of site looking east – site is in the background

View of site looking north along western boundary – site on right

130

View from site looking north across Westhaven Drive

131

STAFF REPORT


Current Planning Section Case Number: 2018-ZON-045 Address: 2450 Tansel Road (Approximate Address) Location: Wayne Township, Council District #6 Petitioner: Juarez Brothers Land LLC, by David Kingen and Justin Kingen Request: Rezoning of 0.44 acre from the D-A district to the D-4 classification.

RECOMMENDATIONS Staff recommends approval of this request, subject to the following commitments being reduced to writing on the Commission's Exhibit "B" forms at least three days prior to the MDC hearing:

1. Development of the site shall include a tree assessment by a certified arborist to determine the species of trees, their condition and a risk assessment of all trees over 18 inches in diameter that would be impacted by development.


SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 0.44-acre site, zoned D-A, is undeveloped. It is surrounded by a single-family dwelling to the north, zoned D-A; undeveloped land to the south, zoned D-A; single-family dwellings to the east, across Tansel Road, zoned D-A; and a detention pond to the west, zoned D-4.

REZONING ◊ This request would rezone the site from the D-A District to the D-4 classification. “The D-4

district is intended for low or medium intensity single-family and two-family residential development. Land in this district needs good thoroughfare access, relatively flat topography, and nearby community and neighborhood services and facilities with pedestrian linkages. Provisions for recreational facilities serving the neighborhood within walking distance are vitally important. Trees fulfill an important cooling and drainage role for the individual lots in this district. The D-4 district has a typical density of 4.2 units per gross acre.”

(Continued)

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STAFF REPORT 2018-ZON-045 (Continued) ◊ Development of one single-family dwelling on this site would result in a density of 2.72 units

per acre. As proposed, this request would be less dense than the Comprehensive Plan recommendation of 3.5 to five residential units per acre, but the proposed D-4 District would be consistent with the abutting subdivision to the west of this site and compatible with surrounding residential development. Staff, therefore, supports the request.


This development would also be subject to the Heritage Tree Conservation provision of the Ordinance (see Exhibit A).


There are significant amounts of natural vegetation and tree located on the subject site. Due to their inherent ecological, aesthetic, and buffering qualities, the maximum number of these existing trees should be preserved on the site. Staff is recommending that development of the subject site include a tree assessment by a certified arborist to determine the species of trees, their condition and a risk assessment of all trees over 18 inches in diameter that would be impacted by development. If any of the trees are heritage trees that would be impacted, then the Ordinance requires that the Administrator, Urban Forester or Director of Public Works determine whether the tree(s) would be preserved.

The Ordinance also provides for replacement of heritage trees if a heritage tree is removed or dies within three years of the Improvement Location issuance date. (see Exhibit A, Table 744-503-3: Replacement Trees).


D-A Undeveloped


North - D-A Single-family dwelling South - D-A Undeveloped East - D-A Single-family dwellings West - D-4 Detention pond

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Wayne Township (2006) recommends residential development at 3.5 to five units per acre

(Continued)

133


THOROUGHFARE PLAN This portion of Tansel Road is designated in the Marion County Thoroughfare Plan as a primary collector, with an existing 60-foot right-of-way, a proposed minimum 80-foot right-of-way and a proposed maximum 91-foot right-of-way.




ZONING HISTORY 2016-ZON-052; 2779 North Raceway Road and 2636 Tansel Road (north of site), requested rezoning of 37 acres from the D-A and D-4 districts to the D-4 district, and the termination of commitments for Petition 2007-ZON-064 (Instrument #2007-0126580) involving 16.3 acres, approved. 2007-ZON-038; 2779 North Raceway Road (west of site), requested rezoning of 16.3 acres from the D-A District to the D-4 classification to provide for residential uses, approved. 2005-ZON-033; 2779 North Raceway Road (west of site), requested rezoning of eight acres, being in the D-A District to the SU-2 classification to provide for a charter elementary school, withdrawn. 2004-ZON-859 / 2004-PLT-859 / 2004-VAR-859; 2510 Tansel Road (north of site), requested rezoning of 1.2 acres, being in the D-A District to the D-4 classification to provide for residential uses; approval of a subdivision plant to be known as Fitzwater Subdivision, dividing 1.2 acres into three lots with a waiver of sidewalks; and a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of two, two-family dwellings on corner lots, approved. 2000-ZON-022; 2541 Raceway Road (west of site), requested rezoning of 0.2909 acre from the D-A District to the D-4 classification to provide for single-family development, approved. 99-Z-213 A & B; 2501 and 2801 North Race Road (west of site), requested a rezoning of 19.64 acres, being the D-A District, to the C-4 classification to provide for single-family residential development, approved. 97-Z-10 (99-DP-2); 2928 Tansel Road (north of site), requested rezoning of 7.54 acres, from the D-A and D-2 Districts to the D-P classification to provide for single-family residential development of 23 lots, approved. kb *******

134

Exhibit A Heritage Tree Conservation Removal of any Heritage Tree is prohibited unless any of the following determinations are made before removal: 1. The Administrator or the city’s Urban Forester determines that the tree is dead, significantly







(inches)





Over 36 DBH 15 10

25.5 to 36 DBH 11 8

13 to 25 DBH 8 6

10.5 to 12.5 DBH 6 4

8.5 to 10 DBH 5 4

6.5 to 8 3 2

4 to 6 2 2

2.5 to 3.5 1 1

136

View looking north along Tansel Road

View looking south along Tansel Road

137

View of site looking south

View of site looking west across Tansel Road

138

View of site looking west across Tansel Road

View looking east across Tansel road

139

STAFF REPORT


Current Planning Section Case Number: 2018-ZON-046 Address: 723 South Capitol Avenue (Approximate address) Location: Center Township, Council District # 16 Petitioner: Bullseye Event Center LLC, by David Kingen and Justin Kingen Request: Rezoning of 0.33 acre, from the I-3 (RC) District, to the CBD-2 (RC)

classification. RECOMMENDATIONS

Staff recommends approval of the petition.

SUMMARY OF ISSUES The following issues were considered in formulating the recommendation:

LAND USE

The request would provide for the rezoning of a 0.33-acre parcel, located along the east side of Capitol Avenue, just north of McCarty Street. One lot separates the subject lot and McCarty Street.

The subject site is improved with a one-story commercial building. This request would provide for an event center or other commercial uses that would support Lucas Oil Stadium events and other events in the downtown. Lucas Oil Stadium is located to the northwest, across Capitol Avenue.

This request to CBD-2 would comply with the Regional Center Plan 2020, which recommends the site for medium-density mixed-use development.

REGIONAL CENTER

The site is located within the Regional Center overlay district. Design of all new construction, including parking areas in the Regional Center overlay district, is subject to the approval of the Administrator of the Division of Planning.

GENERAL INFORMATION EXISTING ZONING AND LAND USE I-3 (RC) One-story structure

(Continued)

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STAFF REPORT 2018-ZON-046 (Continued) SURROUNDING ZONING AND LAND USE North - I-3 (RC) Surface parking South - I-3 (RC) Commercial building East - C-7 (RC) Surface parking West - I-3 (RC) Surface parking COMPREHENSIVE PLAN The site is located within the boundaries of the Regional

Center Plan 2020, which recommends medium-density mixed-use development.

THOROUGHFARE PLAN The Official Thoroughfare Plan for Marion County indicates

that Capitol Avenue is a primary arterial, with a 60-foot right-of-way existing and proposed.

ZONING HISTORY None. JY *******

Zoning map – 2018-ZON-046

141

STAFF REPORT


Current Planning Section Case Number: 2018-ZON-047 Address: 2900 and 2950 Prospect Street (approximate address) Location: Center Township, Council District #12 Petitioner: Indianapolis Bond Bank, by Andrew B. Buroker and Mark Leach Request: Rezoning of 53.661 acres from the D-5 (FW) and I-4 (FW) (FF) districts

to the SU-9 (FW) (FF) classification to provide for a criminal justice complex.

RECOMMENDATIONS Staff recommends approval of this petition. SUMMARY OF ISSUES LAND USE

The subject site, zoned I-4-U and D-5, which is largely unimproved, has been undergoing various forms of environmental remediation. The site would be rezoned to the SU-9 district to provide for public uses, specifically buildings and structures related to a proposed criminal justice complex, which would house courts, a penal institution and other related public uses. If this site were to be developed solely for a prison or penal institution, it would likely be rezoned to the SU-8 district, which permits correctional or penal institutions and diversion centers. The requested SU-9 district permits “Buildings and grounds used by any department of town, city, township, county, state or federal government.”

This proposal would not be consistent with the 1998 Redevelopment / Revitalization of the Southside Community Plan which recommends heavy industrial development for the site. In Staff’s opinion, the correctional facility, in particular, because of its intensity would not be wholly inconsistent with the intent of the plan designating this site for uses that are generally more intense than the majority of uses found other areas planned for residential, commercial and lighter industrial uses.

SITE DEVELOPMENT

Staff would note that because correctional facilities are residential facilities, it should be located on the least contaminated portion of this site. Additionally, Staff would also note concern with using Southeastern Avenue as major entrance to the site due to visibility issues related to vegetation and the Pleasant Run bridge over Southeastern Avenue to the northwest and the railroad bridge overpass to the Southeast. Staff would suggest that it might be most appropriately used for an emergency access only.

(Continued)

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The main point of egress to this site east and south of Pleasant Run historically has been from Prospect Street. Secondary access points were provided for along Pleasant Run Parkway, North Drive and Southeastern Avenue for the areas west of Pleasant Run. Any future internal access from Pleasant Run Parkway, North Drive would require the construction of vehicular and/or pedestrian bridges.


I-4 / D-5 Former industrial gas utility site


North - D-5 and C-4 Undeveloped and commercial South - I-4 Undeveloped East - I-4/D-5 Railroad and Salvage yard West - I-4 Former industrial gas utility site

COMPREHENSIVE PLAN The 1998 Redevelopment / Revitalization of the Southside Community Plan recommends heavy industrial development.

THOROUGHFARE PLAN This portion of Prospect Street is indicated as a primary arterial

on the Official Thoroughfare Plan, with a 60-foot right-of-way existing and proposed. Southeastern Avenue is a secondary arterial, with a 100-foot right-of-way existing and proposed.

ZONING HISTORY 2018-UV1-013; 3300 Prospect Street, variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to legally establish automobile salvage in the D-5 district and to permit existing office trailers, with side setbacks ranging from two feet to 12 feet and a front setback of 20 feet, denied. 2000-SE1-007; 3306 East Prospect Street, requested a special exception of the Industrial Zoning Ordinance to provide for an automobile and truck recycling operation, granted. 2005-ZON-053; 3444 Prospect Street, requested the rezoning of 0.29 acre, being in the C-4 District, to the D-5 classification to legally establish residential uses, approved. 99-Z-60; 3412-3420 East Prospect Avenue & 1031 Vandeman Street, requested the rezoning of 0.6 acre from C-4 and D-5 to SU-1 to legally establish an existing church, approved. 89-V3-98; 3464 Prospect Street, requested a variance of use of the Commercial Zoning Ordinance to legalize an existing building used for the storage and warehousing of manufactures goods, granted. 88-V3-61; 2900 East Prospect Street, requests a variance to provide for a truck scales building with a 92-foot front setback, granted. LWC *******

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Photograph One – Entrance at Southeastern Avenue

144

Photograph Two – Entrance at Southeastern looking northwest towards Pleasant Run Creek

145

Photograph Three – Entrance at Southeastern looking southeast towards railroad bridge

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Photograph Four – Looking west on Prospect Street towards railroad bridge

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Photographs Five and Six – Looking at west end of site along Prospect Street

149

Photograph Seven – Looking at Pleasant Run Creek at west end

150

Photograph Eight – Existing main entrance on Prospect Street

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Photograph Nine – Looking East on Prospect Street to railroad bridge

152

Photographs Ten , Eleven and Twelve – Looking at site from Pleasant Run Parkway

156

STAFF REPORT



Case Number: 2018-CPL-812 / 2018-CVR-812 Address: 1836, 1838 and 1846 New Street (Approximate Addresses) Location: Center Township, Council District #21 Petitioner: Orman Properties LLC, by Pat Rooney Request: Approval of a Subdivision Plat to be known as 1836 New

Street Subdivision, dividing 0.353 acres into three lots. Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for two lots with 29 feet of width and 3,973 square feet (minimum 50 feet of width and 5,000 square feet of lot area required) and to provide for a two-foot south side setback for the existing dwelling (minimum three-foot side setback required).

The petitioner is considering an amendment to these petitions. Therefore, the petitioner has requested a continuance to the June 28, 2018 hearing. The amendments being considered would not require additional notice. LA

****

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STAFF REPORT



Case Number: 2018-CZN-813 / 2018-CPL-813 Address: 1644 and 1654 Roosevelt Avenue (Approximate Address) Location: Center Township, Council District #17 Petitioner: Phillip Greene Decker Schaefer as Trustee of the Phillip

Green Decker Schaefer Trust, by Pat Rooney Request: Rezoning of 1.76 acres from the MU-2 district to the D-8

classification. Approval of a Subdivision Plat to be known as Sheldon Subdivision, dividing 1.76 acres into 17 lots.

RECOMMENDATIONS

Staff recommends approval of the rezoning petition.

Staff recommends that the Hearing Examiner approve and find that the plat, file-dated, April 6, 2018, complies with the standards of the Subdivision Control Ordinance, subject to the following conditions:

1. That the applicant provide a bond, as required by Section 741-210, of the Consolidated Zoning and Subdivision Ordinance.

2. Subject to the Standards and Specifications of the Citizens Energy Group, Sanitation Section.

3. Subject to the Standards and Specifications of the Department of Public Works, Drainage Section.

4. Subject to the Standards and Specifications of the Department of Public Works, Transportation Section.

5. That addresses and street names, as approved by the Department of Metropolitan Development, be affixed to the final plat prior to recording.

6. That the Enforcement Covenant (Section 741-701, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording

7. That the Site Distance Covenant (Section 741-702, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording.

8. That the Sanitary Sewer Covenant (Section 741-704, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording.

9. That the Storm Drainage Covenant (Section 741-703, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording.

10. That the plat restrictions and covenants, done in accordance with the rezoning commitments, be submitted prior to recording the final plat.

11. That all the standards related to secondary plat approval listed in Sections 741-207 and 741-208 of the Consolidated Zoning and Subdivision Regulations be met prior to recording the final plat.

12. That the signature of owner of 1656 Roosevelt Avenue be added to the final plat, prior to recording.

(Continued)

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STAFF REPORT 2018-CZN-813 / 2018-CPL-813 (Continued)

13. That any broken or missing sidewalks be installed or replaced along all four perimeter streets.

SUMMARY The following information was considered in formulating the recommendation: DEVELOPMENT HISTORY

The site is comprised of a city block, with the exception of the lot at the northeast corner of the block, at the intersection of 17th Street and Roosevelt Avenue. A north-south alley and a public street at the south end of the site (Montana Street) were vacated in 2008. The site has historically been used for a public school and a youth counseling center. The building that housed those two uses was removed in 2012.

LAND USE

The proposed rezoning to the D-8 District is contradictory to the Comprehensive Plan recommendation of public/semi-public uses for the site. However, given the property is no longer being used for public purposes, new residential infill development would be complementary to the surrounding neighborhood. Therefore, this deviation from the Plan would be warranted.

PLAT PETITION

This replat would be consistent with the subdivision regulations and the D-8 classification. No variances would be needed to develop the lots as proposed.

STREETS

The previously vacated north-south alley and Montana Street would be rededicated and constructed as part of this petition. Access to the lots would be from the new north-south alley.

SIDEWALKS

Sidewalks are required to be installed along all perimeter streets. Currently, sidewalks exist along Sheldon Street, Roosevelt Avenue and 17th Street. However, many of those sidewalks are broken or severe state of disrepair. Additionally, no sidewalks could be seen on former Montana Street and would be required with this new development. Therefore, staff has placed a condition on the plat approval recommendation that all broken or missing sidewalks be replaced or installed. A bond will be required for this improvement.

(Continued)

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STAFF REPORT 2018-CZN-813 / 2018-CPL-813 (Continued) GENERAL INFORMATION EXISTING ZONING AND LAND USE

MU-2 Vacant SURROUNDING ZONING AND LAND USE

North - D-8, C-3, C-1 Unimproved lot, industrial South - MU-2, SU-1 Industrial, church East - C-3 Unimproved lots West - SU-2, D-8 Single-family dwellings

COMPREHENSIVE PLAN The site is located within the boundaries of the Martindale

Brightwood Neighborhood Plan, which proposes public/semi-public use, specifically the SU-7 zoning classification.

THOROUGHFARE PLAN The Official Thoroughfare Plan identifies this portion of Roosevelt Avenue as a primary collector, with a 60-foot right-of-way existing, and a 60-foot right of way proposed.

The Official Thoroughfare Plan identifies this portion of 17th

Street as a local street, with a 50-foot right-of-way existing, and a 50-foot right of way proposed.

The Official Thoroughfare Plan identifies this portion of

Sheldon Street as a local street, with a 60-foot right-of-way existing, and a 60-foot right of way proposed.

ZONING HISTORY - SITE 2008-ZON-011; 1644 and 1654 Roosevelt Avenue (subject site), rezoning of 1.96 acres from SU-7 and C-3C to C-3C, approved. 2007-ZON-062; 1610 and 1644 Roosevelt Avenue (west half of subject site and site across Montana Street to south), rezoning of 2.13 acres from SU-1 and SU-7 to C-3C, approved. 90-Z-143; 1644 Roosevelt Avenue (portion of subject site), rezoning of 0.97 acre from D-8 to SU-7 to provide for a youth counseling center, approved. ZONING HISTORY - SURROUNDINGS 2010-UV1-009; 1708-1728 (even) Roosevelt Avenue, 1520-1528 (even) East 17th Street and 1521-1525 (odd) East 18th Street (adjacent to north); variance of use to provide for an automobile sales, repair, storage and salvage operation, granted. 2009-MO1-004; 1714, 1716 and 1724 Roosevelt Avenue (adjacent to north), requested a modification of conditions related to petition 67-V1-247, to terminate the condition that limited the grant to the owners of the parcel at the time of approval and to replace the approved site plan with a site plan submitted with this filing, approved.

(Continued)

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STAFF REPORT 2018-CZN-813 / 2018-CPL-813 (Continued) 2007-ZON-127; 1443 East 17th Street and 1642-1660 Sheldon Street (across Sheldon Street to south), rezoning of 0.77 acre from D-8 to SU-2, approved. 2006-ZON-098; 1701 Roosevelt Avenue (across Roosevelt Avenue to northeast), rezoning of 0.1 acre from C-3 to D-8, granted. 2002-ZON-107; 1610 Roosevelt Avenue (across Montana Street to south), rezoning of two acres from D-5, C-3, and C-5 to SU-1, granted. 2001-UV3-015; 1510 East 17th Street (across 17th Street to north), variance of use to legally establish a gravel and sand hauling business with outdoor storage and a 7.5-foot tall barbed wire fence in the required front yard, in D-8, granted. 97-UV2-83; 1610 Roosevelt Avenue (across Montana Street to south), variance of use to provide for the placement of a 29 by 138-foot building for an existing heating and air conditioning contractor, granted. 95-UV2-14; 1610 Roosevelt Avenue (across Montana Street to south), variance of use to provide for the construction of an addition to an existing sheet metal shop, warehouse, and office facility, granted. 95-UV1-62; 1510 East 17th Street (across 17th Street to north), variance of use to provide for the construction of a 4,000-square foot building to house vehicles and equipment associated with a sand and gravel hauling operation, in D-8, granted. 94-UV1-31; 1508-1514 East 17th Street (across 17th Street to north), variance of use to provide for construction of a 4,000-square foot building for the storage of automobiles, trucks and associated materials, in D-8, denied. 87-UV2-76; 1610 Roosevelt Avenue (across Montana Street to south), variance of use to provide for a heating and air conditioning contractor with assembly, fabrication, sale, and service of related materials and products, granted. 75-UV2-43; 1702-1710 Roosevelt Avenue and 1524 East 17th Street (across 17th Street to northeast), variance of use to expand a storage, wrecking, and auto part sales operation in conjunction with demolition of vehicles in C-3/D-8, granted. LA *******

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1. Intersection of Sheldon St and 17th St - looking east

2. Looking south on Sheldon Street - site to left

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3. Former Montana Street - looking east

4. Former north-south alley looking south from 17th St

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5. 17th Street looking east towards Roosevelt Ave

6. Looking south on Roosevelt Ave - site to right

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STAFF REPORT



Case Number: 2018-CAP-814 / 2018-CVR-814 Address: 6400 English Avenue (approximate address) Location: Warren Township, Council District #12 Petitioner: A & C Real Estate Holdings LLC, by David Kingen and Justin Kingen Request: Modification of the Site Plan related to 2010-ZON-100 to provide for an

addition to an existing building.

Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a 50-foot tall building addition (maximum 38-foot height permitted).

RECOMMENDATIONS Staff recommends approval of these requests, subject to the following commitments being reduced to writing on the Commission's Exhibit "B" forms at least three days prior to the MDC hearing:

1. Development of the site shall be in accordance with the site plan and elevations file-dated April 6, 2018, with outdoor storage limited to the fenced area located at the northwest corner of the site.

2. An updated Plan of Operation shall be submitted for Administrator’s Approval; prior to the issuance of an Improvement Location Permit.

SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES ◊ This 8.20-acre site, zoned C-S, is developed with an industrial building. It is surrounded by

undeveloped land to the north, zoned I-2; industrial uses to the south, across English Avenue, zoned I-2 and I-3; industrial uses to the east, zoned I-2, and single-family dwellings to the west, zoned D-5.

◊ Petitions 2010-ZON-100 / 2011-VAR-001 rezoned the site to the C-S District to provide for a

non-ferrous metals and electronic scrap recycling facility. MODIFICATION

This request would modify the site plan related to 2010-ZON-100 to provide for an addition to an existing building. The site plan indicates that the 18,000-square foot addition would be at the northern end of the existing building. The proposed addition would maintain the existing 185-foot width and extend 100 feet to the north.

(Continued)

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STAFF REPORT 2018-CAP-814 / 2018-CVR-814 (Continued)

The Plan of Operation, file-dated February 8, 2011, states that outdoor storage would “be located at the northeast corner of the property and fenced for security.” Aerials indicate that outdoor storage has been occurring along the entire northern portion of the site, not just the northeast corner. The proposed addition would decrease the area currently used for outdoor storage.

The site plan, file-dated April 6, 2018, depicts an existing fenced area at the northwest corner of the site. Because Staff is concerned that the outdoor storage would migrate to the south, staff is requesting that the outdoor storage be confined to this fenced area and not be allowed to expand beyond that area.

Because of the proposed expansion and the possibility that the Plan of Operation associated with the previous rezoning needs to be updated to reflect any and all changes in the operation. Staff is, therefore, requesting that a detailed Plan of Operation be submitted for Administrator’s Approval prior to the issuance of an Improvement Location Permit.

VARIANCE OF DEVELOPMENTS STANDARDS ◊ This variance request would provide for a 50-foot tall building addition when the Ordinance

limits the height to 38 feet. The existing building is approximately 27 feet tall. The proposed addition would be approximately 48 feet tall. Because the addition would be at the northeast corner, approximately 230 feet from the dwelling district to the west, staff believes the distance and the landscape buffer along the western property boundary mitigates the impact of the increased building height. Staff, therefore, supports this request.

Fire Code ◊ This site would also be subject to, but not limited to, the following Indiana Fire Code provisions: Indiana Fire Code 2014




(Continued)

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STAFF REPORT 2018-CAP-814 / 2018-CVR-814 (Continued) GENERAL INFORMATION EXISTING ZONING AND LAND USE

C-S Industrial uses


North - I-2 Undeveloped land South - I-2 / I-3 Industrial uses East - I-2 Railroad right-of-way / Industrial uses West - D-5 Single-family dwellings


The Irvington Neighborhood Plan (2008) recommends light industrial, specifically the I-2-S zoning classification.

THOROUGHFARE PLAN This portion of English Avenue is designated in the Marion County Thoroughfare Plan as a primary collector, with an existing and proposed 110-foot right-of-way


SITE PLAN File-dated April 6, 2018

ELEVATIONS File-dated April 6, 2018

FINDINGS OF FACT File-dated April 6, 2018

C-S STATEMENT File-dated April 6, 2018


ZONING HISTORY 2010-ZON-100 / 2011-VAR-001; 6450 English Avenue, requested rezoning of 8.9 acres from the I-2-S District, to the C-S classification to provide for a non-ferrous metals and electronic scrap recycling facility, approved and granted. VICINITY 2010-UV1-006, 420 Kitley Avenue (east of site), requested a variance of and development standards of the Industrial Zoning Ordinance to provide for an industrial bakery and legally establish an off-street parking in the front yard, granted.

(Continued)

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STAFF REPORT 2018-CAP-814 / 2018-CVR-814 (Continued) 95-HOV-30; 404 Kitley Avenue (east of site), requested a variance of development standards to provide for the expansion of an existing waster dock area, with a reduced north side setback, granted. 85-UV1-127; 301 Kitley Avenue (east of site), requested a variance of use and development standards to provide for outside storage of automobiles in I-3-S, without the required perimeter setbacks, granted. 83-Z-229; 6325 English Avenue (south of site), requested rezoning of 4.2 acres, being in the I-2-S District tot eh I-3-S classification, to provide for a truck delivery service, approved. kb *******

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View of site looking west along English Avenue

View looking east along English Avenue

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View of site looking northeast across English Avenue

View of site looking north

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View of site looking southeast

View of site looking north across English Avenue

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View of site looking north

View of site looking north along eastern boundary

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View of site looking west from adjacent property to the east

View from site looking south across English Avenue

METROPOLITAN DEVELOPMENT COMMISSION HEARING … · lawrence township, cd #3 new petitions:...

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