METROPOLITAN BOARD OF ZONING APPEALS · 2020-06-04 · 4 STAFF REPORT 2020-UV2-008 (Continued) 87-AP2-2, 7025 East 86th Street, request to modify the conditions and site plan of variance

METROPOLITAN BOARD OF ZONING APPEALS DIVISION II

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STAFF REPORTS FOR JUNE 9, 2020

These reports do not in any way commit the Board

to approve or disapprove any petition filed before it.

DEPARTMENT OF METROPOLITAN DEVELOPMENT DIVISION OF PLANNING

CURRENT PLANNING SECTION PETITION NO. PETITION ADDRESS AND LOCATION PAGE NO. EXPEDITED PETITIONS:

2020-UV2-008 8531 BASH STREET LAWRENCE TOWNSHIP, COUNCIL DISTRICT 3

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CONTINUED PETITIONS:

2019-DV2-035 (AMENDED)

2222 BLUFF ROAD AND 357 WEST RAYMOND STREET CENTER TOWNSHIP, COUNCIL DISTRICT 16

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2020-DV2-008 (AMENDED)

6750 EAST 82ND STREET WASHINGTON TOWNSHIP, COUNCIL DISTRICT 3

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2020-DV2-012 6740 SOUTH FRANKLIN ROAD FRANKLIN TOWNSHIP, COUNCIL DISTRICT 25

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2020-UV2-003 6907 COFFMAN ROAD PIKE TOWNSHIP, COUNCIL DISTRICT 7

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2020-UV2-005* 5339 WEST 71ST STREET PIKE TOWNSHIP, COUNCIL DISTRICT 8

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NEW PETITIONS:

2020-DV2-020 5602 ENSENADA AVENUE FRANKLIN TOWNSHIP, COUNCIL DISTRICT 18

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2020-UV2-007 2515 SOUTH HOLT ROAD WAYNE TOWNSHIP, COUNCIL DISTRICT 16

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* Automatic Continuance ** Continuance Requested *** Withdrawn or Dismissal

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section

Case Number: 2020-UV2-008 Address: 8531 Bash Street (Approximate Address) Location: Lawrence Township, Council District #3 Zoning: I-3 Petitioner: LMT Holdings LLC, by Debbie Thomas Request: Variance of use and development standards of the Consolidated Zoning

and Subdivision Ordinance to provide for an office use within an existing building (not permitted) and to provide for a deck addition with a 21.5-foot side setback and 51-foot front transitional setback (30-foot side setback and 150-foot front transitional setback required).

RECOMMENDATIONS Staff recommends approval of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE I-3 Metro Office and Industrial SURROUNDING ZONING AND LAND USE North I-3 & C-5 Industrial (Auto Repair) and Commercial (Office) South I-3 & C-S Commercial (Office and Retail) East I-3 Industrial (Self-Storage) West D-6II Residential (Multi-Family) COMPREHENSIVE PLAN The Marion County Land Use Plan (2019) recommends Community

Commercial Uses REDEVELOPMENT PLAN 96th Street Castleton EDA Redevelopment Area TIF DISTRICT 96th Street/Castleton Allocation

This site is developed with three buildings and used for a mix of commercial and industrial uses. An accessory parking area is located within the north side yard and east rear yard. The southeast corner of the rear yard includes outdoor storage. The surrounding area is commercial to the north and south, industrial to the east and multi-family apartments to the west.

This property is zoned I-3. The I-3 district is an intermediate district for industries that present moderate risks to the general public. Wherever practical, this district should be away from protected districts and buffered by intervening lighter industrial districts. Where this district abuts protected districts, setbacks are large and enclosure of activities and storage is required.

(Continued)

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STAFF REPORT 2020-UV2-008 (Continued) VARIANCE OF USE AND DEVELOPMENT STANDARDS FINDINGS OF FACT

This request would provide for office uses in an I-3 district.

This request would provide for a deck addition with a 21.5-foot side setback and a 51-foot front transitional setback.

The existing uses on this site are a mix of industrial and commercial uses. Staff is not opposed to a variance of use that would legalize the existing office uses at this site.

The building subject to the request for reduced setbacks is being used for a non-industrial use. The required front and side transitional setback in heavy commercial districts is 20 feet, which is less than the setbacks proposed; however, the existing industrial uses in other buildings on this site would require the industrial zoning remain. Staff would not be opposed to a reduced setback specific to the office uses building.

GENERAL INFORMATION THOROUGHFARE PLAN Bash Street is classified in the Official Thoroughfare Plan for

Marion County, Indiana as a Primary Collector with a 90-foot existing and proposed right-of-way.

SITE PLAN File-dated May 5, 2020 FINDINGS OF FACT File-dated May 5, 2020 PLAN OF OPERATION File-dated May 5, 2020 ZONING HISTORY – SITE PREVIOUS CASES: 2013-UV2-004, variance to provide for a business office and retail sales for 15 to 25-foot long buses, approved. ZONING HISTORY – VICINITY 84-UV2-49, 7025 East 86th Street, variance to provide for the construction of a 25 by 50-foot and 50 by 60-foot building addition to be used for the rental, sale, repair and maintenance of trucks, trailers and related products, and the construction of a 60 by 160-foot detached structure to be used for body work and repainting of trucks and trailers, approved. 85-UV1-87, 8571 Bash Street, variance to provide for construction of commercial offices with a ten-foot rear yard setback, fifteen-foot east side setback, and 34-foot south side setback, approved as amended. 85-Z-204, 8455 Masters Road, rezoning from the SU-9 district to the I-3 district, approved. 86-UV2-125, 7025 East 86th Street, variance to provide for a building addition to an existing truck and trailer rental and sales facility, approved.

(Continued)

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STAFF REPORT 2020-UV2-008 (Continued)

87-AP2-2, 7025 East 86th Street, request to modify the conditions and site plan of variance 86-UV2-125 to allow a building addition in a different location than previously approved, approved. 89-UV2-5, 7025-27 East 86th Street, variance to provide for the rental of trucks, trailers, equipment, and the sale of products accessory to the rental business, approved. 90-Z-41, 8401 Bash Street, rezoning from the I-3 and C-5 districts to the C-S district, approved. 99-Z-27, 8501 Masters Road, rezoning from the SU-9 district to the I-3 district, approved. 2007-ZON-099, 7011 & 7013 East 86th Street, rezoning to from the I-3 district to the C-5 district, approved. 2008-DV1-003, 7013 East 86th Street, variance to provide for a 62.5-sqaure foot pylon sign with a thirteen-square foot electronic variable message component within approximately 280 feet of a protected district, approved. 2019-PLT-062, 7035 East 86th Street, Castlewood Minor Subdivision, dividing 7.6 acres into two lots, approved. AR *******

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2020-UV2-008; Location Map

2020-UV2-008; Site Plan

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2020-UV2-008; Photographs

Subject site remodeled building, facing west

Existing buildings on site, facing northeast

Subject site remodeled building facing southwest

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North side yard, facing west

South side yard, facing south; existing building shown left

North of site

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Previous building exterior (Source: Google Street View 2019)

Previous building exterior (Source: Google Street View 2019)

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STAFF REPORT


Current Planning Section Case Number: 2019-DV2-035 (AMENDED) Address: 2222 Bluff Road and 357 West Raymond Street (approximate address) Location: Center Township, Council District #16 Zoning: I-3 Petitioner: Safeway Realty LLC, by David Kingen and Justin Kingen Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a non-hard-surfaced parking lot (not permitted) and a 10-foot south transitional yard (40-foot transitional yard required).

ADDENDUM FOR JUNE 9, 2020 This petition was continued from the May 19, 2020 hearing, to the June 9, 2020 hearing at the request of the petitioner’s representative. Amended Petition: On June 3, the petitioner requested to amend the petition by removing the variance request for a gravel lot, and submitted a revised site plan. The revised site plan, indicated a new ‘Hard Surface” identified as asphalt millings. Asphalt millings are determined by the Ordinance not to be a hard surface material. Therefore, the use of asphalt millings as indicated in exchange of gravel, does not remove the need for a variance of development standards to provide for a non-hard-surfaced parking lot. No new notice will be required for this amended change. The revised site plan indicates approximately 62, twelve-foot wide, parking spaces for semi-truck trailers in Area “B”. In addition, Area “1”, shows a future expansion of approximately 48 additional semi-truck trailer parking spaces to be used after hard surface and striping has been completed. This would allow for an approximate total of 110 semi-truck and trailer parking spaces on the proposed non-hard-surfaced parking lot. The need for a non-hard-surfaced parking lot with a 10-foot transitional yard setback is a self-imposed hardship due to the planned use and development of the site and not a result of the Ordinance requirements. The strict application of the terms of the zoning ordinance does not constitute a practical difficulty for the property. Therefore, Staff continues to recommend denial of this amended request. As this petition has been continued four times at the request of the petitioner’s representative, for a total of five months, Staff will no longer support any continuance requests from the petitioner. If the petitioner is not prepared to go forward, then Staff would recommend this petition be dismissed due to lack of prosecution on the part of the petitioner.

(Continued)

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STAFF REPORT 2019-DV2-035 (Continued) ADDENDUM FOR MAY 12, 2020 The Metropolitan Board of Zoning Appeals, at its regular meeting on April 14, 2020, continued petition 2020-DV2-035 to the May 19, 2020 hearing, without additional notice. No new information has been submitted to the file. ADDENDUM FOR APRIL 14, 2020 This petition was continued from the March 10, 2020 hearing to the April 14, 2020 hearing at the request of the petitioner. No new information has been submitted to the file. ADDENDUM FOR MARCH 10, 2020 This petition was continued from the January 14, 2020 hearing to the March 10, 2020 hearing at the request of the petitioner. No new information has been submitted to the file. ADDENDUM FOR JANUARY 14, 2020 This petition was continued from the December 10, 2019 hearing to the January 14, 2020 hearing at the request of the petitioner. No new information has been submitted to the file. December 10, 2019 RECOMMENDATIONS Staff recommends denial of the request. SUMMARY OF ISSUES LAND USE EXISTING ZONING AND LAND USE

I-3 Truck terminal SURROUNDING ZONING AND LAND USE

North - I-3 Industrial liquids company South - D-5 / C-1 Cemetery East - I-2 Commercial Landscaping Company West - I-3 Industrial fabrication

COMPREHENSIVE PLAN The Comprehensive Plan recommends light industrial uses for the

subject site.

This 4.23-acre site, was recently re-zoned to the I-3 District (2017-CZN-836).

(Continued)

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STAFF REPORT 2019-DV2-035 (Continued) VARIANCE OF DEVELOPMENT STANDARDS

This request would provide for a gravel lot, currently used in connection with a truck terminal facility. The Consolidated Zoning and Subdivision Ordinance requires the paving and striping of parking areas in industrially-zoned districts.

Significant concerns arise regarding the proposed gravel surface treatment, specifically: the inevitable dust and air quality impact upon the surrounding properties; erosion control and run-off associated with exposed gravel and soil; negative aesthetic impacts; and, the inefficient use of space due to lack of striping. Furthermore, loose stones can enter the public right-of-way and become a hazard for passing vehicles and accelerate the deterioration of public funded street surfaces.

The grant of this variance would allow future users of the site to operate on the gravel portion in a more intense manner than proposed by this request. Moreover, the precedent set by the grant of this variance could provide for other requests for commercial gravel parking lots to locate incrementally within this area.

The petitioner’s findings of fact indicate that the immediate area has other users with gravel parking areas. Aerial photos indicate the adjacent user to the north in the I-3 District, and the adjacent user to the east, in the I-2 District have paved parking and maneuvering areas.

This request would also provide for a 10-foot south transitional yard, where a 40-foot transitional yard is required.

The petitioner’s findings of fact also indicate that the immediate area has other users with reduced transitional yards, and the Comprehensive Plan recommends Industrial use for the protected district to the south.

Although the property to the south is zoned D-5, it is comprised of two parcels, with both parcels being owned by cemetery associations. The use as a cemetery has been established long-term, first showing up in the 1950 aerial photos and predating the current Ordinance.

The petitioner’s findings of fact are incorrect, in that the current Comprehensive plan recommends Regional Special Use for the site to the south.

The need for a gravel parking lot with a 10-foot transitional yard setback is a self-imposed hardship due to the planned use and development of the site and not a result of the Ordinance requirements. The strict application of the terms of the zoning ordinance does not constitute a practical difficulty for the property, since the site is zoned I-3 and could be used by any number of uses permitted, by right, in the I-3 zoning classification. Any practical difficulty is self-imposed by the desire to use the site as a gravel parking lot with a reduced 10-foot transitional yard setback.

(Continued)

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STAFF REPORT 2019-DV2-035 (Continued)

This site was recently rezoned to I-3 in 2017 (2017-CZN-836 / 2017-CVR-836). Staff believes that the use of the newly re-zoned lot should adequately align with modern development standards in order to better preserve the intent of each development standard.

In Staff’s opinion, the request to provide for a gravel lot and a 10-foot south transitional yard would represent a significant deviation from the Ordinance, and provide for increased intensity and negatively impact adjacent properties.

FLOODWAY FRINGE

This site has a secondary zoning classification of a Floodway Fringe (FF), which is the portion of the regulatory floodplain that is not required to convey the 500-year frequency flood peak discharge and lies outside of the floodway.

The designation of the FF District is to guide development in areas subject to potential flood damage, but outside the Floodway (FW) District. All uses permitted in the primary zoning district are permitted, subject to certain development standards of the Flood Control Districts Zoning Ordinance.

GENERAL INFORMATION THOROUGHFARE PLAN This portion of Bluff Road is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a local street, with a 25-foot existing half right-of-way and a 29-foot proposed half right-of-way.

CONTEXT AREA This site is located in the compact context area

FLOODWAY / FLOODWAY FRINGE

This site is located within the floodway fringe of White River.

SITE PLAN (AMENDED) File-dated June 3, 2020.

FINDINGS OF FACT File-dated October 7, 2019.

ZONING HISTORY 2017-CZN-836 / 2017-CVR-836; 2222 Bluff Road (subject site), requested the rezoning of 4.23 acres from the I-3 (FF), C-1 (FF) and D-5 (FF) districts to the I-3 (FF) classification, and a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to legally establish a building, with a zero-foot setback along Raymond Street and 27-foot setback along Bluff Road, and a zero-foot side yard, approved and granted.

(Continued)

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STAFF REPORT 2019-DV2-035 (Continued) 90-V1-123; 2341 South West Street (south of site), requested a variance of development standards of the Industrial Zoning Ordinance to permit and addition to an existing building with parking located within the required front yard, granted. 85-UV2-66;208 West Raymond Street (north of site), requested a variance of use and development standards of the commercial zoning Ordinance to provide for the outdoor display and sale of vehicles without the required yards, granted. RU *******

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2019-DV2-035; Location Map

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2019-DV2-035; Site Plan (Amended)

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2019-DV2-035; Photographs

Subject site, looking west.

Subject site, looking east.

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Subject site with proposed 10-foot south transitional yard, looking west.

Subject site gravel entrance, looking north along Bluff Road.

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Adjacent Commercial landscaper located to the east of the site.

Adjacent Industrial fluids use located to the north of the site.

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STAFF REPORT


Current Planning Section Case Number: 2020-DV2-008 (Amended) Address: 6750 East 82nd Street (approximate address) Location: Washington Township, Council District #3 Zoning: C-4 Petitioner: ARC CAFEUSA 001 LLC, by Elliot Smith Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for an oil change facility with a zero-foot front setback from the proposed right-of-way of 82nd Street, encroaching four feet into the front setback of Cresco Street, parking with a zero-foot front setback from the proposed right-of-way of Castleton Road, stacking spaces located in the front yard and a trash container within the clear sight triangle of abutting streets and within the front yard and zero feet from the proposed right-of-way of Cresco Street and four feet from the proposed right-of-way of Castleton Road (stacking spaces not permitted in the front yard that is along a public right-of-way that exceeds 30 feet in width, trash containers not permitted in the front yard or within the clear sight triangle and 10-foot setback from the proposed right-of-way required).

ADDENDUM FOR JUNE 9, 2020 This petition was automatically continued by a City-County Councilor from the May 19, 2020 hearing to the June 9, 2020 hearing. No additional information has been provided to the file. ADDENDUM FOR MAY 19, 2020 This petition was continued from the April 14, 2020 hearing to the May 19, 2020 hearing with additional notice. The request was amended to include the stacking spaces located in the front yard and to correct the dumpster location from the proposed right-of-way of Castleton Road from five feet to four feet. Since the stacking spaces in the front yard of Bash Street are simply to allow the customers to leave the site instead of waiting for additional services, staff does not find the location of the stacking spaces to be an issue. The reduced front yard setback was due to a measurement error from the petitioner. The location of the existing dumpster would remain the same. A final site plan was submitted on March 25, 2020, which moved the building five feet north to be out of the proposed right-of-way of 82nd Street, removed parking from within the proposed right-of-way of 82nd Street by providing a shared vehicle space, added a sidewalk along Bash Street, and agreed to the dedication of an additional two feet to the existing 82nd Street right-of-way. Staff continues to recommend approval of this petition.

(Continued)

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STAFF REPORT 2020-DV2-008 (Continued) April 14, 2020 RECOMMENDATIONS Staff recommends approval of this request with the following commitments:

1. The building shall be moved five feet north to be out of the proposed right-of-way of 82nd Street.

2. The parking spaces shall be removed from within the proposed right-of-way of 82nd Street by using the parking reductions.

3. A sidewalk shall be developed along Bash Street. 4. The petition agrees to the dedication of an additional two feet to the existing 82nd Street right-

of-way (1 for widening the sidewalk and 1 for maintenance). SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE C-4 Metro VACANT RESTARUANT SURROUNDING ZONING AND LAND USE North C-4 Pet Hotel South C-4 Gas Station East C-4 Auto Related Services West C-4 Machine Shop COMPREHENSIVE PLAN The Comprehensive Plan recommends community commercial

development. CASTLETON STRATEGIC This site is located within the boundaries of the Castleton Strategic REVITALIZATION PLAN Revitalization Plan (2020).

The 0.58-acre site is developed with a vacant restaurant and drive-thru amenities and is surrounded by commercial development.

The purpose of the Community Commercial typology provides for low-intensity commercial and office uses that serve nearby neighborhoods. These uses are usually in freestanding buildings or small, integrated centers. Examples include small-scale shops, personal services, professional and business services, grocery stores, drug stores, restaurants, and public gathering spaces.

(Continued)

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STAFF REPORT 2020-DV2-008 (Continued) CASTLETON STRATEGIC REVITALIZATION PLAN

82nd Street as the main corridor through Castleton is envisioned to become a complete street, which would encompass “wider sidewalks with buffers, and on the north side a broad promenade with accommodations for bicyclists and pedestrians as well as gathering spaces, lighting, street trees, and curbed edges”. The goal would be to transform Castleton from an automobile oriented environment into one that supports multi-modal transportation, specifically along the north side of 82nd Street to connect various villages/ projects proposed in the plan. One item to consider would be the consolidation of cuts/driveways along 82nd street.

The Plan sections 82nd Street east of Allisonville Road into condition categories starting from one to six as noted in Exhibit A. Condition 3 falls between the proposed Nickel Plate Trail and Bash Street. Exhibit B represents a visual for the catalytic infrastructure that could be proposed east of Allisonville Road along 82nd Street.

The theme of 82nd Street as a Place which was derived by the community includes the following: o Introduce corridor-branded signage and lighting o Enhance entrances o Enhance landscape along 82nd Street and in medians o Relieve traffic congestion and simplify access o Activate frontage with buildings rather than parking o Develop a strong adopt-a-median program o Commit to a well-maintained streetscape environment

VARIANCE OF DEVELOPMENT STANDARDS

The grant of the request would allow for deficient front setbacks and a trash container to be in the front yard and within the clear sight triangle of two streets.

Table 744-201-3: Dimensional standards for Districts C-1, C-3, C-4, C-5, C-7, and C-S notes the front setback for a C-4 district within the Metro Context area is 10 feet from the proposed right-of-way or existing right-of-way, whichever is greater.

In the case of 82nd Street, the proposed 134-foot right-of-way would be greater than the existing 91-foot right-of-way. The request would allow the building to be five feet within the proposed right-of-way and the parking spaces to be within 29 feet of the proposed right-of-way.

Staff would request that the building be moved five feet north to eliminate the encroachment into the proposed right-of-way. Staff would also request the use of parking reductions to reduce the number of parking spaces to two or three spaces outside of the proposed right-of-way of 82nd Street.

For Castleton Road, the proposed 50-foot right-of-way would be greater than the existing 15-foot right-of-way. The proposed parking spaces would be within the 10-foot front setback of the proposed right-of-way and the dumpster would be located five feet from the proposed right-of-way.

(Continued)

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For Cresco Street, the proposed 50-foot right-of-way would be greater than the exiting 30-foot right-of-way. The request would allow the dumpster to be located zero feet from the proposed right-of-way.

In general, staff would support reduced front setbacks along the western, northern, and eastern property lines as long as the 82nd Street proposed right-of-way is maintained. The proposed right-of-way of 82nd Street is vital to the implementation of the Castleton Strategic Revitalization Plan.

Lastly, the request would allow for the dumpster to be located within the clear sight triangle of the abutting streets and in the front yard. Since the dumpster would remain in its existing location, staff would support these requests.

This petition was initially submitted as an inquiry and staff recommended approval so long as a sidewalk is installed along Bash Street and a two-foot dedication of the existing 82nd Street right-of-way is granted. One foot would be for the widening of the sidewalk and the other would be for maintenance purposes.

GENERAL INFORMATION THOROUGHFARE PLAN East 82nd Street is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a primary arterial street, with a 91-foot existing right-of-way and a 134-foot proposed right-of-way.

Bash Street is classified in the Official Thoroughfare Plan for

Marion County, Indiana as a primary collector street, with a 79-foot existing right-of-way and an 80-foot proposed right-of-way.

Castleton Road is classified in the Official Thoroughfare Plan

for Marion County, Indiana as a local street, with a 15-foot existing right-of-way and a 50-foot proposed right-of-way.

Cresco Street is classified in the Official Thoroughfare Plan

for Marion County, Indiana as a local street, with a 30-foot existing right-of-way and a 50-foot proposed right-of-way.

SITE PLAN File-dated March 09, 2020. AMENDED SITE PLAN File-dated March 27, 2020. FINAL SITE PLAN File-dated April 17, 2020.

(Continued)

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STAFF REPORT 2020-DV2-008 (Continued) EXHIBIT A File-dated March 31, 2020 EXHIBIT B File-dated March 31, 2020 FINDINGS OF FACT File-dated March 09, 2020. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES 91-V3-61; 6742 East 82nd Street (subject site), Variance of development standards of the Sign Regulations to permit pricing panels on the principle identification sign; to allow canopy signs 55 feet from the center line of 82nd Street; and to allow pump island sign in excess of the permitted 12 square feet, granted. ZONING HISTORY – VICINITY 2016-DV3-010; 6807 East 82nd Street (southeast of site), Variance of development standards of the Sign Regulations to provide for a four-foot tall ground sign within 183 feet of an existing integrated center sign (300 feet of separation required), denied. 2015-ADM-062; 6741 East 82nd Street (south of site), Approval of a landscape plan for a gas station rebuild. 2014-DV3-065; 6741 East 82nd Street (south of site), Variance of development standards of the Commercial Zoning Ordinance and the Sign Regulations to provide for the redevelopment of a convenience store gasoline station with a free-standing sign, with a five-foot front setback along Bash Street (15-foot front setback required), with a trash container enclosure within the established front yard of Bash Street (not permitted), and with 46.5-square foot canopy signs being 42% of the canopy façade (maximum 25% permitted), granted. 2005-VAC-011; 8170 Castleton Road (southwest of site), Vacation of a portion of first east-west alley south of East 82nd Street, being of variable width, from a point on the west line of Castleton Road, being the southeastern corner of Lot Number Nine in the Town of Castleton as recorded in Platt Book One, Page 94, in the Marion County Recorder’s Office to a point 201.3 feet to the west on the south line of Lot Number Eight in the Town of Castleton as recorded in Plat Book One, Page 94, in the Marion County Recorder’s Office, thence south 27 degrees, 30 minutes west 23.53 feet, thence east 212.23 feet to a point on the west line of Castleton Road thence north 20 feet to the point of beginning, adopted.

(Continued)

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STAFF REPORT 2020-DV2-008 (Continued) 99-V1-7; 6725 East 82nd Street (southwest of site), Variance of development standards of the Sign Regulations to provide for the placement of an advertising sign, being 14 by 48 feet in size; located 270 feet from the nearest advertising sign to the west and 510 feet from the nearest advertising sign to the east; with an Electronic Variable Message Center located approximately 100 feet from a signalized intersection; and, with a combined vertical height of the sing face and the Electronic Variable Massage Center of 16 feet 11 inches, granted. 99-UV1-148; 6816 East 82nd Street (east of site), Variance of use of the Commercial Zoning Ordinance to provide for outdoor display and sale of automobiles (not permitted), withdrawn. 96-HOV-11; 6735 East 82nd Street (south of site), Variance of development standards of the Sign Regulations to provide for the installment of an illuminated awning with a sign on the north side of the building, being 38% or 261 square feet of the façade; an illuminated awning on the west side of the building, being 37% or 227 square feet of the façade; and an illuminated awning with a sign on the rear of the building being 38% or 261 square feet of the façade, granted. 91-HOV-12; 6803 East 82nd Street (southeast of site), Variance of development standards of the Commercial Zoning Ordinance and the Sign Regulations to permit the development of a retail center with a parking ratio of one space per 214 square feet of gross floor area, with a six-foot wide landscape strip along East 82nd Street; and a free-standing sign with pole covers less than 15 feet from the right-of-way of East 82nd Street, granted. 87-AP-150; 6741 East 82nd Street (south of site), Modification of commitments to eliminate #4 and #5 in 84-V1-83 made September 14, 1987, and recorded as Instrument #84-0072296, which would permit a pole sign 40 feet in height with a double sign face that is 10 feet wide and 21 feet high, withdrawn. 87-V1-103; 6741 East 82nd Street (south of site), Variance of development standards of Sign Regulations to permit an addition to the top of an existing pole sign for a total sign face of 310 square feet, withdrawn. 84-V1-83; 6741 East 82nd Street (south of site), Variance of development standards to provide for the erection of a pole sign within the required fifteen-foot setback, granted. 80-Z-103; Town of Castleton (west and north of site), Rezoning of various D-5 district parcels located in the Town of Castleton, Marion County, Indiana to the C-4 classification, approved. MI

*******

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2020-DV2-008; Aerial Map

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2020-DV2-008; Site Plan

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2020-DV2-008; Amended Site Plan

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2020-DV2-008; Final Site Plan

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2020-DV2-008; Exhibit A

2020-DV2-008; Exhibit B

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Photo of the Subject Property: 6750 East 82nd Street

Exisitng sidewalk along East 82nd Street.

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North view of Castleton Road located west of the subject site.

West view of Cresco Street located north of the subject site.

Eastern boundary of the subjet site looking south on Bash

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STAFF REPORT


Current Planning Section Case Number: 2020-DV2-012 Address: 6740 South Franklin Road (approximate address) Location: Franklin Township, Council District #25 Zoning: C-3 Petitioner: DRGSF Surplus LLC, by Russell L. Brown Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to provide for a 139-foot setback and a double-loaded and single-loaded row of parking along Southport Road (maximum 85-foot front setback and one double-loaded row permitted).

ADDENDUM FOR JUNE 9, 2020 This petition was continued from the May 19, 2020 hearing to the June 9, 2020 hearing, at the request of the petitioner. No additional information has been added to the file. ADDENDUM FOR MAY 19, 2020 This petition was continued from the April 14, 2020 hearing to the May 19, 2020 hearing. No additional information has been added to the file. April 14, 2020 RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE C-3 Metro Undeveloped SURROUNDING ZONING AND LAND USE North C-S Undeveloped South D-P Single-family dwellings East C-4 Grocery store / Gas station West D-A Single-family dwelling COMPREHENSIVSE PLAN The Comprehensive Plan recommends office commercial

development. (Continued)

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The 1.92-acre site is currently undeveloped with undeveloped property to the north, residential to the west and south, and commercial uses to the east.

The subject site is part of a larger area that was rezoned from the D-A district to the C-3 classification in 2014


The grant of this petition would allow for a 139-foot front setback and a double loaded and single-loaded row of parking along Southport Road.

Per Table 744-1: Limitations to Parking in Front of a Building, the C-3 district within the Metro Context area is limited to one double-loaded row of parking.

Table 744-201-3: Dimensional standards for Districts C-1, C-3, C-4, C-5, C-7, and C-S notes the maximum front setback for a C-3 district within the Metro Context area is 85 feet. The request would exceed the maximum allowed by 54 feet.

Staff determined that the maximum 85-foot front setback could be met if a single-loaded row of parking would be proposed in front of the building. There is no practical difficulty to warrant the need for the variances. A change to the layout of the site would permit the Ordinance to be met.

For these reasons, staff is recommending denial of this petition. GENERAL INFORMATION THOROUGHFARE PLAN Southport Road is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a primary arterial street, with an 85-foot existing right-of-way and an 80-foot proposed right-of-way.

SITE PLAN File-dated March 10, 2019. LANDSCAPE PLAN File-dated March 10, 2019. FINDINGS OF FACT File-dated March 10, 2019. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES 2014-CZN-824B; 8120 East Southport Road (subject site), Rezoning of 5.9 acres from the D-A district to the C-3 classification to provide for an integrated commercial center, approved.

(Continued)

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STAFF REPORT 2020-DV2-012 (Continued) 2014-CZN-824C; 8120 East Southport Road (north of site) (subject property), Rezoning of 12.5 acres from the D-A district to the C-S classification to provide for an integrated commercial center, approved. 2014-CZN-824D; 8120 East Southport Road (north of site) (subject property), Rezoning of 6.7 acres from the D-A district to the C-S classification to provide for an integrated commercial center, approved. ZONING HISTORY – VICINITY 2017-ADM-063; 8120 East Southport Road (north of site) (subject property), Approval of self-storage site and landscape plans for a grocery store. 2017-ADM-062; 8120 East Southport Road (east of site), Approval of amended elevations for gas station and fence removal. 2016-ADM-362;8142 East Southport Road (east of site), Approval of elevations, site and landscape plans. 2016-ADM-014; 8120 East Southport Road (east of site, Approval of site and landscape plan for a grocery store. 2016-CZN-832 / 2016-CVR-832 / 2016-CPL-832; 6725 South Franklin Road (east of site), Rezoning of one acre from the D-A district to the C-4 classification, variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a liquor store within 20 feet from a protected district (100-foot separation required), and approval of a subdivision plat, to be known as, Deerburg Subdivision, dividing 20.18 acres into two lots, withdrawn. 2014-ADM-187; 6925 South Franklin Road (east of site), Approval of site pan for c-store and gas station. 2014-CVR-824; 8120 East Southport Road (east of site), Variance of development standards of the Commercial Zoning Ordinance to provide for a grocery store, a gasoline station and commercial retail development with outdoor seating and dining (not permitted in C-3, 200 square feet or one percent of gross floor area permitted in C-4) and with 500 square feet of outdoor storage on the fueling station parcel (outdoor storage not permitted), with 665 parking spaces (738 spaces required), approved. 2014-CZN-824A; 8120 East Southport Road (east of site), Rezoning of 28.15 acres from the D-A district to the C-4 classification to provide for an approximately 98,500 square foot grocery store, a fueling station and integrated commercial center, approved. 2013-ZON-070; 6725 South Franklin Road (east of site), Rezoning of three acres from the D-A district to the C-3 classification to provide for a gas station, approved. 2007-ZON-075; 7016 South Franklin Road (southeast of site), Rezoning of 3.15 acres from the D-A District to the C-1 classification to provide for office-buffer commercial uses, approved.

(Continued)

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STAFF REPORT 2020-DV2-012 (Continued) 2002-UV1-015; 6636 South Franklin Road (north of site), Variance of use of the Special Districts Zoning Ordinance to provide for a 2,500-square foot single-family dwelling (not permitted), granted. 99-Z-107/99-DP-18; 7835 East Southport Road (southwest of site), requests rezoning of 80.64 acres from the D-A district to the D-P classification to provide for a single-family subdivision, approved. 97-Z-53; 7700 East Southport Road (west of site), requests a rezoning of 2.662 acres from D-A to SU-39 to provide for water tanks and a water pumping station, approved. 96-Z-42/96-DP-4; 8101 East Southport Road (south of site), Rezone 93.5 acres from D-A to DP to provide for 199 single-family residential lots, approved. 96-Z-6A; 6610 South Franklin Road (north of site), Rezoning of 58 acres being in the D-A district to the SU-3 classification to provide for the development of a golf course, approved. 96-Z-B; 6636 South Franklin Road (north of site), Rezoning of 1 acre being in the D-A district to the D-1 classification to provide for the continued use of an existing single-family residence, granted 93-Z-137; 6602 South Franklin Road (north of site), Rezoning of 108 acres from D-A district to the D-4 classification to provide for residential development, denied. 90-HOV-26; 6526 South Franklin Road (north of site), Variance of development standards of the Dwelling District Zoning Ordinance to permit an addition to an existing single-family residence with a side yard setback of 3.5 feet (10.5 feet require) and a lot width of 70 feet (80 feet required), granted. 84-Z-204; 7802 East Southport Road (west of site), requests the rezoning of 20.63 acres, being in the A-2 District, to the SU-5 classification to provide for the construction and maintenance of a radio broadcasting tower and accessory building, approved. 83-Z-5 / 83-CV-4; 7802 East Southport Road (west of site), requests the rezoning of 20.83 acres, being in the A-2 District, to the D-12 classification to permit the development of 58 two-family residences on platted lots, denied; and, a variance of development standards of the Dwelling Districts Zoning Ordinance to permit a reduction in the minimum lot area, lot width, side yard, and front setback requirements, withdrawn. MI

*******

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2020-DV2-012; Aerial Map

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2020-DV2-012; Landscape Plan

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Photo of the Subject Property: 6740 South Franklin Road

Undeveloped area east of the site.

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Grocery store and gas station to the east of the site.

Residential dwellings south of the site.

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STAFF REPORT


Current Planning Section Case Number: 2020-UV2-003 Address: 6907 Coffman Road (approximate address) Location: Pike Township, Council District #7 Zoning: I-2 Petitioner: RAS Development Company LLC, by David Kingen and Justin Kingen Request: Variance of use and development standards of the Consolidated Zoning

and Subdivision Ordinance to provide for a heavy industrial use involving the heating of plastic materials (not permitted), with zero-foot north and west side setbacks (30-foot side setbacks required).

ADDENDUM FOR JUNE 9, 2020 This petition was continued from the May 19, 2020 hearing, to the June 9, 2020 hearing at the request of the petitioner’s representative. No additional information has been provided to the file. ADDENDUM FOR MAY 12, 2020 The Metropolitan Board of Zoning Appeals, at its regular meeting on April 14, 2020, continued petition 2020-UV2-003 to the May 19, 2020 hearing, without additional notice. A representative of the petitioner submitted a revised plan of operation, file dated April 30, 2020. Staff continues to recommend denial based on the proposed use not being consistent with the recommendations of the Comprehensive Plan and would negatively impact the adjacent residential uses. April 14, 2020 RECOMMENDATIONS Staff recommends denial of this petition. SUMMARY OF ISSUES LAND USE

EXISTING ZONING AND LAND USE I-2 Warehouse

SURROUNDING ZONING AND LAND USE

North - I-2 Warehouse South - I-2 Warehouse East - D-4 Single-family dwelling West - D-6II Multi-Family Dwellings

(Continued)

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STAFF REPORT 2020-UV2-003 (Continued) COMPREHENSIVE PLAN The Comprehensive Plan recommends light industrial uses for

the western 2/3’s portion of the site, and suburban neighborhood uses for the eastern 1/3 portion of the site.

VARIANCE OF USE

The Comprehensive Plan recommends half of the site for suburban neighborhood uses, and the remaining half of the site for light industrial uses. The proposed use would be permitted in the I-4, Heavy Industrial Zoning District. The I-4 district is designed to provide for those heavy industrial uses which are typically characterized by certain factors which would be exceeding difficult, expensive or impossible to eliminate. These industries are therefore buffered by sufficient area to minimize any detrimental aspects. Uses within the I-4 District range from processing to manufacturing, assembly of equipment and products, including the heating of plastic materials.

Because of the character and intensity of these uses, this district should be appropriately located on major commercial arterial thoroughfares where the gradual and reasonable transition from lesser industrial uses exist. Due to the intensity of the uses, the location of this district adjacent to protected districts should be avoided.

Given the increase in intensity between the existing zoning and the proposed use, this site would be over-developed and inappropriately expand heavy industrial uses towards an established residential district and light industrial district. The proposed use would not be consistent with the recommendations of the Comprehensive Plan and would be detrimental to the use and value of the adjacent residential uses.

PLAN OF OPERATION

The plan of operation proposes a 24 hour a day, seven days a week operation, with 80 employees accessing the site at full capacity. In addition, visitor, customer, and delivery traffic is expected with approximately 20 deliveries a week, with six to seven weekly deliveries made by semi-trailers. No limits on delivery days or times are provided. In Staff’s opinion, the encroachment of the heavy industrial use into an established light industrial area and residential district would not be mitigated by the proposed plan of operation.

Staff is concerned that the number of employees and the expected delivery traffic with the proposed use would have on this portion of Coffman Road would be too much of a burden and intensity for a local street, with a 40-foot right-of-way in areas.

The proposed use would be an inappropriate encroachment and intrusion into this light industrial area and residential neighborhood because it is not in harmony with the surrounding neighborhood and fails to appropriately buffer the increase in zoning intensity from the surrounding neighborhood as recommended by the “Pattern Book.” Furthermore, staff is most concerned that, if approved, further heavy industrial defined uses would follow and encroach into this area of established light industrial and residential districts.

(Continued)

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The strict application of the terms of the zoning ordinance does not constitute a practical difficulty for the property, since the site is zoned I-2 and could be used by any number of uses permitted, by right, in the I-2 zoning classification. Any practical difficulty is self-imposed by the desire to use the site for a heavy industrial use involving the heating of plastic materials.


The petition proposes to place two 30-foot tall silos for the outside storage of raw materials to be used in the heating of plastic materials, along the north side of the structure, resulting in a zero-foot north side setback and zero-foot west side setback. The zero-foot westside setback is a result of the proposed silos location within the 90-degree parcel line shift along the northern east-west parcel line.

Although the location of the proposed silos would be on the north side of the building, it is Staff’s position that the need for the outside silo storage and the proposed set-back variances indicates it is an increase in intensity of the site, in addition to the variance of use request.

The inability of the site to meet the development standards indicates that the proposed use would be too intense for this site. There has been no practical difficulty demonstrated that would warrant the proposed setbacks. The request is a result of the need for the silos to be located in the setback.

GENERAL INFORMATION THOROUGHFARE PLAN

This portion of Coffman Road is classified in the Official Thoroughfare Plan for Marion County, Indiana as a local street, with a 20-foot and 25-foot existing half right-of-way, and a 25-foot proposed half right-of-way.

SITE PLAN (AMENDED)

PLAN OF OPERATION (AMENDED)

FINDINGS OF FACT

File-dated March 24, 2020

File-dated April 30, 2020

File-dated March 10, 2020

ZONING HISTORY 2020-ZON-16; 6844 Coffman Road (west of site), requested the rezoning of 0.55 acre from the C-1 district to the D-3 district, pending with Staff recommending approval. 2016-CZN-831 / 2016-CVR-831 / 2016-CPL-831; 7007 Coffman Road (includes subject site), requested the rezoning of 0.19 acre from the C-3 District to the I-2 Classification to provide for industrial uses, approved; approval of a Subdivision Plat to be known as Calderon Industrial Plat, dividing 19.16 acres into three lots, approved; and a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for parking within 50% of the front yard and to provide for a building connection within the required side setback of Lots One and Three, approved, granted.

(Continued)

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STAFF REPORT 2020-UV2-003 (Continued) 2014-UV2-005; 7005 Coffman Road (north of site), requested a variance of use of the Industrial Zoning Ordinance to provide for a banquet hall / family life center, granted. 2013-UV2-001; 4765 West 71st Street (north of site), requested a variance of use of the Commercial Zoning Ordinance to provide for a construction contractor’s office, with outdoor storage of equipment, granted. 2007-UV2-038; 6565 Coffman Road (south of subject site), requested a variance of use of the Dwelling Districts Zoning Ordinance and the Industrial Zoning Ordinance to provide for a consignment store, granted. 2006-ZON-113; 7007 Coffman Road (includes subject site), requested the rezoning of 5.51 acres, from the I-2-S District, to the D-6II classification to provide for multi-family dwellings, denied. 2003-UV3-040; 6565 Coffman Road (south of site), requested a variance of Use of the Dwelling Districts Zoning Ordinance and the Industrial Zoning Ordinance to provide for an automobile repair facility, granted. 2002-DV1-003; 6601 Coffman Road (south of subject site), requested a variance of development standards of the Industrial Zoning Ordinance to provide for 10 loading docks along the front line of the building and 10 loading areas encroaching 58 feet into the front transitional yard, granted. 99-Z-16; 6844 Coffman Road (west of site), requested the rezoning of 0.6 acre from D-3 to C-1 to provide for commercial office development, approved. 99-UV2-96; 6565 Coffman Road (south of site), requested a variance of Use of the Industrial Zoning Ordinance to provide for the retail sales of automobile racing components, parts, accessories, apparel, uniforms, and products, granted. 97-UV1-109; 6601 Coffman Road (south of subject site), requested a variance of use of the Industrial Zoning Ordinance to provide for the construction of an indoor sports and recreation facility, granted. 91-UV3-84; 6565 Coffman Road (south of site), requested a variance of use of the Industrial Zoning Ordinance to permit all I-2-S and I-1-S uses, corporate offices, vehicular use areas which include administrative office and operations for the (1) indoor display of antique automobiles and vehicles, (2) indoor restoration, repair and maintenance of antique automobiles, antique vehicles, and fleet vehicles, and (3) functions of a licensed transfer automobile dealer in all existing and future buildings, granted. RU *******

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STAFF REPORT 2020-UV2-003 (Continued) 2020-UV2-003; Location Map

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47

2020-UV2-003; Plan of Operation April 30, 2020 (Amended)

LIQUIBOX

PLAN OF OPERATION (4/30/2020) 6907 Coffman Road

THE BUSINESS Liquibox is a tenant within an existing building (“Building”) containing approximately 65,000 square feet located at 6907 Coffman Road and owned by RAS Development Company, LLC (the “Subject Property”). Liquibox currently occupies 31,000 square feet of space in the building, where it currently conducts warehousing operations (the “Existing Space’). Liquibox proposes to establish a manufacturing component in the Existing Space, specifically producing specialty packaging for Bag in Box solutions for beverages and other liquid consumer products, using an injection molding process, as described in this Plan of Operation.1 The owner of the building is currently using the approximately 31,000 remaining square feet of additional space in the building for warehousing (i.e., there are no other tenants in the building). A floor plan showing the initial layout of the proposed manufacturing space in the Existing Space is attached as Exhibit “A.”

MANUFACTURING PROCESS The specifics of the proposed manufacturing process are set forth in Exhibit “B” attached hereto. The proposed manufacturing process is required by the FDA to be “food grade,” meaning the manufacturing process must be FDA compliant utilizing materials and processes that are safe for eventual direct food contact; said another way, by law, the operation must be very clean. The attached Exhibit “C” contains photographs which may help in understanding the process and equipment involved.

ZONING The Subject Property is zoned I-2, which allows for a variety of industrial uses, including both light and medium manufacturing. The proposed business will meet all I-2 development and performance standards. Because the Liquibox manufacturing process uses heat to mold plastic, it meets the definition of "Heavy Manufacturing" under the Zoning Ordinance, and requires a variance of use. The range of temperatures associated with the manufacturing process does not exceed those found in a common household oven.

HOURS OF OPERATION Operations for the first year or two will be limited to Monday through Friday, with two (2) twelve (12) hour shifts per day, likely in the 7 to 7 timeframe. Eventually, Liquibox plans to increase operations to 7 days a week.

NUMBER OF EMPLOYEES At startup, approximately ten (10) employees per shift will be working in the manufacturing portion of the Building, inclusive of the two (2) employees working in the warehousing side of the operation. At full capacity, it is possible that a maximum of twenty (20) employees may be on-site supporting both the manufacturing operation and the warehousing operation. The majority of the employees would likely be on site during the day shift, and fewer employees on site for the night shift.

1 It is anticipated that Rapak LLC will replace Liquibox as the operator in the building upon the approval of the variance.

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2020-UV2-003; Plan of Operation (Amended) page 2 EXPECTED TRAFFIC Besides employee traffic, there will be some delivery traffic, and occasional visitor/customer traffic. The majority of this traffic would occur during the daytime. At startup, it is expected that there will be approximately 10-12 deliveries per week supporting the manufacturing operation, with approximately one third of those deliveries made by semi-trailers. Currently, the warehousing operation generates approximately 8-10 truck trips per week. It is expected that overall truck traffic will not increase significantly over time, as shipments of finished product to the Building will be phased out and replaced by less frequent shipments of raw material. So, the overall expectation might be 10-12 trucks per week accessing the Building, representing both the manufacturing and warehousing operations.

MISCELLANEOUS There will not be any noticeable emissions, if any, as a result of the added manufacturing use of the Subject Property. No air quality discharge permit is required, and no outside ventilation is required for the plastic injection molding process

OUTSIDE STORAGE Outside storage of raw materials will be wholly contained in two planned silos of approximately 30 feet in height, located on the north side of the buildings shown on the site plan submitted with the Variance Petition.

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EXHIBIT A

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EXHIBIT B

Date: April 9th, 2020 To: From: Ron Gasior, Vice President of Operation, Liquibox Re: Variance to the Coffman Rd Facility Summary of the Plan of Operation for an Injection Molding Facility Raw Materials

• Resin – primary material used to make the final product. The resin arrives in a dry pellet form. It is approximately the size of a pea or twice the size of a grain of rice.

• Colorants or Additives – these materials also arrive in a dry form in the similar shape and size of the resin. Colorants are mixed in the blender with the resin and the colorants decide the final color of the product based on a mix percentage or blender recipe. An example of an additive would be lubricant. The lubricant arrives in a dry pellet form. The lubricant would be mixed through the blender as well. The lubricant helps add slip to the part so it can release easy out of the tool after it has been formed.

Injection Molding Process

• The resin and/or additives are brought to the molding machine area by either the closed-loop silo system piping or in prepackaged containers (gaylords, boxes, or barrels).

• The resin is then either dried at the press or run through a blender to mix with colorants or additives.

o The dryer is a closed system desiccant bed process. This means the pellets gather in a 2ft x 2ft metal chamber. While in the chamber, the pellets are exposed to heat (200 degrees) and vacuum. This process removes moisture out of the pellets. This process does not melt the pellets, or even soften them.

o The blender is a weight blender – pellets are not ground they are just mixed. o Both are closed-loop systems.

• The resin/additive mix flows from the closed system blender or dryer into the barrel of the machine where the pellets are melted into a uniform liquid.

• The plastic liquid is moved with an auger action to the front of the barrel where it is pushed into the injection mold under high pressure.

o This pressure is typically generated by hydraulics – up to 20,000 psi. o In some cases this pressure is generated by servo motors.

• The mold itself is cooled via a closed loop water system at typically between 70° - 150°F (depends on resin type) to solidify the plastic liquid back into a solid part.

• The part comes out of the mold at less than 180°F.

• The part is dropped onto a conveyor where it is cooled more and then placed into a box as a finished molding.

o Some parts are sold as finished moldings; e.g., a pour spout for laundry detergent bottles or a cap that goes onto water bottles.

o Some finished moldings are assembled with other finished moldings through various assembly equipment to make other larger assemblies. An example would be a push tap that goes on to laundry detergent bottles. Another example would be a push tap on a Gatorade Cooler.

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Additional information related to the Injection Molding Process

• The temperature ranges on the barrel heats are from 350°F to 500°F depending on resin. These temperatures are contained in the machine, not exposed to the local environment. Plant personnel do not have direct access to the barrel.

• During the melting process, the pellets are not exposed to the environment as well. The pallets are contained/enclosed in the barrel

• The facility will process about 750 – 1000 lbs. of resin per hour with all 10 machines running.

• The average temperature standing at the machine operator panels is less than 80°F when the machine is running.

• All the machines are OSHA and ANSI approved for safety.

• The largest machine would be approximately 29’ long and 11’ wide (400 Ton Husky)

• The smallest machine would be approximately 14’ long and 6’ wide (90 Ton Toshiba)

• There will be 10 total machines within this range.

• Typical sound pressure will be 80 - 90db in the plant in the manufacturing area.

• Engineering/safety protocols will be put in place to protect operators if required to reduce sound pressure levels.

• Actions taken to prevent material/resin spills outside of the plant

• The plastic comes in solid-form pellets in its raw form.

• None are liquids in their raw form.

• The material loading process is a closed system, where feed lines are connected through latched connections on the piping to the silo system.

• Plastic is pushed from the specially designed semi-trailers through the lines/piping and into the silo via a pump system on the tractor-trailer.

• If a line burst should occur there is no liquid spilled, only pellets.

• The pellets can by swept up or vacuumed up using conventional equipment that you would use at your home – e.g., Shop Vac.

Once the production equipment is put into the existing warehouse space (31,000 square feet), the building utilization would be: 30% warehouse, 55% equipment/manufacturing, and 15% personnel/offices/manufacturing services.

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EXHIBIT C

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Existing building on subject site, looking northwest.

Existing subject site, area of requested reduced setbacks and tank storage, looking west

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Adjacent single-family dwellings to the east.

Adjacent multi-family condominium dwellings to the west.

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Adjacent warehouse to the south, looking east.

Adjacent warehouse to the north, looking east.

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STAFF REPORT


Current Planning Section Case Number: 2020-UV2-005 Address: 5339 West 71st Street (approximate address) Location: Pike Township, Council District #8 Zoning: D-A Petitioner: AT&T Mobility, by Matthew M. Price Request: Variance of use and development standards of the Consolidated Zoning

and Subdivision Ordinance to provide for a wireless communications facility (not permitted) with a 125-foot tall monopole tower with a five-foot lightening rod and with a 30-foot rear setback (75-foot setback required).

This petition was continued by the petitioner from the May 19, 2020 hearing to the June 9, 2020 hearing. A timely automatic continuance was filed by a remonstrator, continuing this matter from the June 9, 2020 hearing to the July 14, 2020 hearing. This would require the Board’s acknowledgement. RECOMMENDATIONS Staff recommends denial of this request. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE D-A Metro Undeveloped SURROUNDING ZONING AND LAND USE North C-S Commercial Office Building South SU-2 Lincoln Middle School Parking Lot East SU-2 School Campus Entrance / School Tennis Courts West SU-2 Undeveloped COMPREHENSIVE PLAN The Comprehensive Plan recommends regional special use

development.

The 0.90-acre subject site is a heavily wooded undeveloped property. It is surrounded by a school campus to the south of 71st street and by an industrial park to the north.

The grant of this request would permit the construction of a wireless communications tower and its supporting structures (e.g. fence, electrical box) with a deficient 30-foot rear setback.

(Continued)

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STAFF REPORT 2020-UV2-005 (Continued) VARIANCE OF USE

A Wireless Communications Facility, as defined by the Ordinance, is any facility used by a licensed commercial wireless telecommunications provider to provide service, such as cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, paging, and other similar services that are marketed to the general public.

The purpose of the D-A district is to house the agricultural lands of Marion County and to provide for a variety of agricultural uses. A single-family dwelling is intended to be permitted as a part of such agricultural uses with a secondary provision for large estate development of single-family dwellings to fulfill the very low-density residential classification of the Comprehensive General Land Use Plan.

Per Table 743-1: Use Table, a wireless communications facility is a permitted use within the D-A zoning district with additional use-specific standards found in Article III. Section 05.OO. However, Table 743-305-1 notes that a monopole tower for wireless communications facility is not permitted within the D-A district.

The regional special use provides for public, semi-public and private land uses that serve a specific institutional purpose for a significant portion of the county. Development of accessory uses should remain thematically or economically supportive of the special use while also being contextually sensitive to adjacent existing development and land use plans. Staff determined that the proposed use does not meet those conditions, as the site is directly adjacent to multiple schools which serves as an academic campus.

The request for a wireless communications tower does not align with the recommendation of the Comprehensive Plan and would not be necessary infrastructure within the existing campus. Furthermore, nothing is preventing the site to be used and developed as zoned for residential development.

Lastly, there are significant amounts of natural vegetation and trees located on site, which could include Heritage trees. Staff is concerned about the number of trees that would be cleared out for the proposed use.

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.)

(Continued)

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

However, staff is recommending denial of this request. VARIANCE OF DEVELOPMENT STANDARDS

Per Table 744-201-1, the required rear yard in the Metro Context Area within the D-A district is 75 feet. The proposed setback would be 30-feet.

The Robin Run stream runs through the north west portion of the site. This stream is classified as a category two stream which would require a 50-foot wide stream protection corridor on both sides of the stream. The width is measured parallel to the top of bank. This does cause a practical difficulty for developing the site.

Staff would support granting this development standard variance for a use that would more appropriately fit the context of the area.

GENERAL INFORMATION THOROUGHFARE PLAN 71st Street is classified in the Official Thoroughfare Plan for

Marion County, Indiana as a primary arterial street, with a 121-foot existing and proposed right-of-way.

FLOODPLAIN The western portion of this site is located in the 500-year

floodplain of Robin Run. SITE PLAN File-dated April 16, 2020.

ELEVATIONS File-dated April 16, 2020. ADDITIONAL PLANS File-dated April 16, 2020. FINDINGS OF FACT File-dated April 16, 2020. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES None.

(Continued)

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STAFF REPORT 2020-UV2-005 (Continued) ZONING HISTORY – VICINITY 2016-ADM-094; 6901 Zionsville Road (southwest of site), Approval of a building infill and elevations. 2015-ADM-006; 7001 Zionsville Road (west of site), Approval for an 8.67-foot tall, 43 square foot freestanding sign. 2014-ADM-045; 6901 Zionsville Road (south of site), Approval for an indoor pool addition to the high school. 2011-DV1-025; 5353 & 5401 West 71st Street and 6701 & 6901 Zionsville Road (southwest of site), Variance of development standards of the Sign Regulations to provide for three, six-foot tall, 27-square foot, free-standing directional signs, (maximum 2.5-foot tall, six square foot directional signs permitted), one, six-foot tall, 89-square foot, three-sided, free-standing directional sign, (maximum 2.5-foot tall, six square foot directional signs permitted), four, three-foot tall, nine-square foot, free-standing directional signs, (maximum 2.5-foot tall, six square foot directional signs permitted), and two, 3.5-foot tall, 12-square foot, free-standing directional signs, (maximum 2.5-foot tall, six square foot directional signs permitted), granted. 2011-ZON-037; 7108 Waldemar Drive (north of site), Rezoning of 4.91 acres, from the C-S District, to the C-S classification to provide for educational uses in addition to the existing uses approved under petition 87-Z-247, approved. 2010-ADM-025; 6901 Zionsville Road (southwest of site), Approval for school signs per petition 2010-DV1-052. 2010-DV1-052; 6701 & 6901 Zionsville Road and 5353 & 5401 West 71st Street (southwest of site), Variance of development standards of the Sign Regulations to provide for four, six-foot tall free-standing signs, three along Zionsville Road and one along 71st Street, within approximately 50 feet of D-A and D-3 protected districts (maximum height of four feet permitted within 600 feet of a protected district), and to provide for a six-foot tall sign and a 3.5-foot tall sign along Zionville Road, with a separation of 160 feet (300-foot separation required), granted. 2009-ADM-023; 6801 Zionsville Road (southwest of site), Approval of facade improvements, parking lot realignment and landscaping. 97-V2-74A; 5555 West 71st Street (west of site), Variance of development standards of the Sign Regulations to provide for Sign A, being a pylon sign, 9.16-foot by 14.5-foot and 15.9 feet in height, located at the intersection of 71st Street and Zionsville, within 325 feet of a Dwelling District (minimum separation of 600 feet required); and with 67% of the sign face devoted to an electronic variable message center (maximum 40% of the sign face permitted); as amended at the hearing, with the sign located 78 feet from the right-of-way of West 71st Street; 215 feet from the right-of-way of Zionsville Road; and 240 feet from the intersection of Zionsville Road and 71st Street, granted.

(Continued)

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STAFF REPORT 2020-UV2-005 (Continued) 97-V2-74B; 5555 West 71st Street (west of site), Variance of development standards of the Sign Regulations to provide for four, six-foot tall free-standing signs, three along Zionsville Road and one along 71st Street, within approximately 50 feet of D-A and D-3 protected districts (maximum height of four feet permitted within 600 feet of a protected district), and to provide for a six-foot tall sign and a 3.5-foot tall sign along Zionsville Road, with a separation of 160 feet (300-foot separation required), granted. 87-Z-247A; 7301 Zionsville Road (north of site), Rezoning of 352 acres to provide, generally, for industrial and office uses, approved. MI

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2020-UV2-005; Aerial Map

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2020-UV2-005; Land Survey

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2020-UV2-005; Elevation

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2020-UV2-005; Additional Plans

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Photo of the Subject Property: 5339 W. 71st Street

Rear view of the property looking north.

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View of the tennis courts and middle school to the east of the subject site.

Commercial Office Building located north of the subject site.

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STAFF REPORT


Current Planning Section Case Number: 2020-DV2-020 Address: 5602 Ensenada Avenue (approximate address) Location: Franklin Township, Council District #18 Zoning: D-4 Petitioner: First Choice Property Group LLC, by Daniel L. Russello Request: Variance of development standards of the Consolidated Zoning and

Subdivision Ordinance to legally establish a six-foot tall fence in the front yard and clear sight triangle of Pappas Drive and Thompson Road (maximum 42-inch fence permitted within the front yard; fences not permitted in the clear sight triangle).

RECOMMENDATIONS

Staff recommends denial of the request as proposed.

SUMMARY OF ISSUES

LAND USE

EXISTING ZONING AND LAND USE

Metro context D-4 Single-family dwelling

SURROUNDING ZONING AND LAND USE

North - D-3 Single-family dwelling South - D-4 Single-family dwelling East - D-4 Single-family dwelling West - C-S Mini Warehouse Storage

COMPREHENSIVE PLAN The Comprehensive Plan recommends suburban neighborhood uses for the site.

According to Assessor’s records and aerial photos, a zoning non-compliant six-foot tall fence was installed in approximately 2008, in the front yard and clear sight triangle of Pappas Drive and Thompson Road by a previous owner. The property was purchased in June of 2019 by First Choice Property Group, LLC, who replaced the previous non-compliant fence with the existing non-compliant fence.

(Continued)

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STAFF REPORT 2020-DV2-020 (Continued) VARIANCE OF DEVELOPMENT STANDARDS FRONT YARD FENCING

Development Standards of the Consolidated Zoning and Subdivision Ordinance require that fences not exceed 42 inches in height in the front yard of the primary dwelling to ensure that lots maintain residential qualities and characteristics. Fences taller than 42 inches in the front yard tend to be commercial or industrial in nature, create a compound aesthetic within residential neighborhoods, and block site lines from adjacent properties and intersections.

The fence could remain in its current location if reduced to 42 inches. In addition, the fence could also be moved further back approximately 20 feet to the leading edge of the dwelling along Pappas Drive in order to maintain the existing six-foot height.

CLEAR SIGHT TRIANGLE

The clear sight triangle Ordinance standards serve several purposes including visibility for automobile, bicycle, and pedestrian traffic safety.

The northwest corner of the subject site is within a required clear sight triangle at the intersection of Thompson Road and Pappas Drive. The Ordinance establishes this clear sight triangle as an imaginary line connecting two end points measured 120 feet east from the Thompson Road intersecting centerline, and 75 feet south from the Pappas Drive intersecting centerline. This depth of a clear sight area would allow vehicles to move efficiently yet still see an approaching car and have sufficient time to slow down or stop.

Staff would recommend approval if the fence along the Pappas Road frontage would be moved approximately 10 feet east from the property line, towards the primary dwelling to maintain the existing six-foot height. This would remove the six-foot tall fence from the clear sight triangle. Or, Staff would also recommend approval if the fence along the Pappas Road frontage was reduced to 42” in height in its current location with a portion of the fence still remaining in the clear sight triangle. Either of these options would allow for some relief from the compound aesthetic and site lines for drivers and pedestrians, and minimize the fences effect on the clear sight triangle.

In addition, if either of the above reductions were met, then Staff would recommend approval for a six-foot tall fence along the Thompson Road frontage, as it would be a minor deviation from the Ordinance requirements, and similar to adjacent properties.

Staff has presented these options to the Petitioner, who has declined them. Therefore, Staff does recommend denial of the petition as filed.

(Continued)

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GENERAL INFORMATION

THOROUGHFARE PLAN This portion of Ensenada Avenue is classified in the Official Thoroughfare Plan for Marion County, Indiana as a local street, with a 25-foot existing and proposed half right-of-way.

This portion of Pappas Drive is classified in the Official Thoroughfare Plan for Marion County, Indiana as a local street, with a 25-foot existing and proposed half right-of-way.

This portion of East Thompson Road is classified in the Official Thoroughfare Plan for Marion County, Indiana as a primary arterial, with a 50-foot existing half right-of-way and a 60-foot proposed half right-of-way.

SITE PLAN

FINDINGS OF FACT

File-dated May 11, 2020

File-dated May 11, 2020 ZONING HISTORY 2018-DV2-023; 5209 Pappas Drive (south of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a six-foot tall fence in the front yard of Yucatan Drive, denied. 2018-DV3-039; 5234 Straw Hat Drive (west of site), requested a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to legally establish a six-foot tall fence in the front yard along Yucatan Drive, withdrawn. 2010-DV1-018; 7704 Straw Hat Drive (west of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to legally establish a 425-square foot above-ground pool, a 495-square foot garage, a 100-square foot mini-barn, and 637.5 square feet of deck area for a total accessory use area of 1,657.5 square feet or 136.4% of the total floor area of the primary dwelling, granted. 2010-HOV-034; 5517 Straw Hat Drive (south of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to legally establish a deck within a five-foot drainage and utility easement, with a zero-foot east rear yard setback, granted. 2005-DV2-033; 5974 Parterra Drive (east of site), requested a variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the installation of a 452-square foot above-ground swimming pool with a 21-foot front yard setback from Arlington Avenue, and with a 9-foot encroachment into a 30-foot wide drainage and utility easement, and to legally establish a 85.5-square foot shed located in the drainage and utility easement with a 22-foot front yard setback from Arlington Avenue (minimum 25-foot front yard setback required; structures not permitted in front of the established building line of the primary dwelling; structures not permitted in an easement) and to legally establish a six-foot tall fence located within the required front yard along Arlington Avenue (maximum 42-inch tall fence permitted in the front yard), dismissed. RU *******

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STAFF REPORT 2020-DV2-020 (Continued) 2020-DV2-020; Location Map

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2020-DV2-020; Clear Sight Triangle

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Subject site looking north from Ensenada Drive.

Subject site looking East from Pappas Drive.

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Six-foot tall fence in front yard of Pappas Drive, looking north.

Six-foot tall fence in front yard of Thompson Road, looking east.

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STAFF REPORT


Current Planning Section Case Number: 2020-UV2-007 Address: 2515 South Holt Road (approximate address) Location: Wayne Township, Council District #16 Zoning: I-3 (FF) Petitioner: Coventa Environmental Solutions, by Adam DeHart Request: Variance of Use of the Consolidated Zoning and Subdivision Ordinance to

provide for a Solid Waste Processing and Centralized Waste Treatment Facility to provide for the receiving, testing, screening, processing, recycling, treatment and disposal of non-hazardous waste and materials (not permitted).

RECOMMENDATIONS Staff recommends approval of this request with the following conditions:

1. The barbed wire shall be removed. 2. An additional ADA parking space shall be provided on site.

SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE I-3 Metro Industrial SURROUNDING ZOING AND LAND USE North I-3 Portable Building Manufacturer South I-4 Metal Recycling East I-4 Motor Truck Terminal West I-3 Parking Area/ Single-Family Dwellings COMPREHENSIVE PLAN The Comprehensive Plan recommends heavy industrial and light

industrial development.

The 9.8-acre site is improved with a 139,703-square foot solid waste processing and centralized waste treatment facility previously approved through 2016-UV1-002.

The site is surrounded to the North, East, and South by various industrial uses in the I-3 and I-4 districts. To the west, the site is adjacent to an industrially used parking area and single-family dwellings in the I-3 and D-5 districts.

(Continued)

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STAFF REPORT 2020-UV2-007 (Continued) VARIANCE OF USE

The grant of the petition would allow for the expansion of an existing solid waste processing and centralized waste treatment facility in two phases.

The first phase would add an additional 1,692 square feet to the facility with 11 additional parking spaces. The second phase would add an additional 10,944 square feet to the facility with 16 additional parking spaces. The total area of the addition would be 12,636 square feet with a total of 27 new parking spaces.

When the intensity of use of any legally established building, structure or premises is increased, the parking spaces as required by Chapter 744 Article IV shall be provided for the total increase. The building additions would cause an increase in the required number of parking spaces that equals 15 percent or more of the number of parking spaces existing on the first day of the month that is six months after the date of adoption of the Ordinance. Per Table 744-402:2 ADA Parking Requirement Summary, the total required off street parking spaces for the 12,636 square-foot addition would equal eight spaces thus requiring an additional ADA parking space. Staff would request that this ADA space be added to the site plan.

The I-3 district is an intermediate district for industries that present moderate risks to the general public. Wherever practical, this district should be away from protected districts and buffered by intervening lighter industrial districts.

The subject site is located adjacent to other industrial and commercial uses that utilize outdoor storage and provide adequate buffering from protected districts. The building is setback approximately 800 feet from Holt Road and the adjacent D-5 protected district. Therefore, truck traffic on Holt Road, already permitted for any use within the district, would be the only direct potential impact on the residential uses to the west of Holt Road.

The Plan of Operation, file-dated May 10, 2016, for the waste processing and treatment facility provides more detail about the type of materials to be processed; and the operational procedures. The Plan of Operation indicates the hours of operation would be 24 hours a day, five to six days a week. The receiving of shipping loads would occur primarily during the first shift.

The Plan of Operation also provides an Odor Management Plan that details the installation of a biofilter system to safely contain and eliminate odor from being discharged into the air. No obnoxious odors are anticipated to be released to the community and the petitioner has indicated compliance with all standards and statutes.

Given the minimal outdoor operations, the use would continue to operate similar to a light industrial use. Operation consistent with the plan of operation continues to be compatible with the surrounding uses and the recommendations of the Comprehensive Plan. In Staff’s opinion, providing for the expansion of the existing use at this location would be a minor deviation from the Ordinance.

(Continued)

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STAFF REPORT 2020-UV2-007 (Continued) GENERAL INFORMATION THOROUGHFARE PLAN Holt Road is classified in the Official Thoroughfare Plan for

Marion County, Indiana as a primary arterial street, with a 60-foot existing right-of-way and a 95-foot proposed right-of-way.

FLOODPLAIN This site is located in a 100-year floodplain. OVERLAY A portion of the eastern side is located within an industrial

reserve. DPW BIKEWAYS/ IndyMoves PedalIndy 2018 proposes a bike lane along GREENWAYS South Holt Road. SITE PLAN File-dated May 1, 2020. PLAN OF OPERATION File-dated May 1, 2020. FINDINGS OF FACT File-dated May 1, 2020. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES 2016-UV1-002; 2515 South Holt Road (subject site), Variance of use of the Industrial Zoning Ordinance to provide for a solid waste processing and centralized waste treatment facility, granted. ZONING HISTORY – VICINITY 2010-UV3-020; 3501 West Kelly Street (north of site), Variance of use and development standards of the Industrial Zoning Ordinance to provide for vehicle dispatch, vehicle towing and recovery, indoor and outdoor vehicle auctions, vehicle storage and sales of salvaged vehicle parts related to a 24-hour vehicle and reclamation, salvage and service operation, with an outdoor storage area of approximately 4.1 acres, and to provide for asphalt millings for a parking lot, granted. 2006-SE3-001; 1800 South Holt Road (north of site), Special Exception of the Industrial Zoning Ordinance to provide for a full-service metal recycling facility, granted. 2003-ZON-846/2003-VAR-846; 3602 Farnsworth Street (south of site), Rezoning of 12.51 acres, being in the I-3-U District, to the I-4-U classification to provide for a metal recycling operation, and a Special Exception of the Industrial Zoning Ordinance to provide for a metal recycling operation, approved.

(Continued)

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STAFF REPORT 2020-UV2-007 (Continued) 95-UV2-7; 2745 South Holt Road (south of site), Variance of use of the Industrial Zoning Ordinance to provide for the construction of a garage for the service, sale and repair of semi-trucks, granted. 91-V1-34; 2530 South Tibbs Avenue (east of site), Variance of development standards of the Industrial Zoning Ordinance to allow off street loading and maneuvering between the front lot line and the front lien of the principal building, granted. 85-UV2-137; 2320 South Tibbs Avenue (northeast of site), Variance of use of the Industrial Zoning Ordinance to provide for the construction of two storage buildings accessory to an existing union hall, granted. 83-V1-48; 2720 South Tibbs Avenue (southeast of site), Variance of development standards of the Industrial Zoning Ordinance, 63-AO-4, Section 2.07 B, 4 to allow an addition to the rear of the existing warehouse which would maintain the four (4) foot side setback within the ten (10) foot north side yard. Also, an existing garage 1 storage building with a four (4) foot north side yard is requested to remain as constructed. Paved off-street parking for six (6) spaces, is provided, as per plans filed, granted. MI

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2020-UV2-007; Aerial Map

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2020-UV2-007; Plan of Operation

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Photo of the drive to the subject site.

Photo of the subject site and barbed wire to be removed.

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Photo of the western properties.

Photo of the dwellings to the west fo the drive.

Documents

METROPOLITAN BOARD OF ZONING APPEALS · 2020-06-04 · 4 STAFF REPORT 2020-UV2-008 (Continued) 87-AP2-2, 7025 East 86th Street, request to modify the conditions and site plan of variance