METROPOLITAN DEVELOPMENT COMMISSION Public Assembly Room 2nd … · 2020-02-27 · 2nd Floor...

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1 METROPOLITAN DEVELOPMENT COMMISSION Public Assembly Room 2nd Floor City-County Building 1:00 p.m. March 4, 2020 PETITIONS FOR PUBLIC HEARING PETITION NO. PETITION ADDRESS AND LOCATION PAGE NO. 2019-ZON-085* 3023 WEST MORRIS STREET 4 WAYNE TOWNSHIP, CD #16 2019-VAC-015** 4326 SELLERS STREET 22 LAWRENCE TOWNSHIP, CD #13 2019-UV3-016 1024 CALVARY STREET 24 (AMENDED) CENTER TOWNSHIP, CD #16 2019-UV3-017 1018 CALVARY STREET 35 (AMENDED) CENTER TOWNSHIP, CD #16 2019-CVR-860 8301 ROCKVILLE ROAD 47 WAYNE TOWNSHIP, CD #15 2019-ZON-122 / 6400, 6449, 6455, 6500, 6559, 6565, 6600 AND 6833 83 2020-VAR-001 KENTUCKY AVENUE; 6700, 7700, 7924, 7944, 8002, 8032 AND 8210 CAMBY ROAD DECATUR TOWNSHIP, CD #20 2019-CZN-852 / 6201-6215 NORTH COLLEGE AVENUE 101 2019-CVR-852 WASHINGTON TOWNSHIP, CD #2 2019-CAP-855 / 1426 AND 1500 BROAD RIPPLE AVENUE 135 2019-CVR-855 WASHINGTON TOWNSHIP, CD #2 2019-ZON-128 1051 EAST 19TH STREET AND 1720 NORTH 147 ALVORD STREET CENTER TOWNSHIP, CD #17 2020-CPL-801* / 6701, 6751 AND 6801 ACTON ROAD 162 2020-CZN-801* FRANKLIN TOWNSHIP, CD #25

Transcript of METROPOLITAN DEVELOPMENT COMMISSION Public Assembly Room 2nd … · 2020-02-27 · 2nd Floor...

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METROPOLITAN DEVELOPMENT COMMISSION

Public Assembly Room 2nd Floor City-County Building

1:00 p.m.

March 4, 2020

PETITIONS FOR PUBLIC HEARING

PETITION NO. PETITION ADDRESS AND LOCATION PAGE NO.

2019-ZON-085* 3023 WEST MORRIS STREET 4

WAYNE TOWNSHIP, CD #16

2019-VAC-015** 4326 SELLERS STREET 22

LAWRENCE TOWNSHIP, CD #13

2019-UV3-016 1024 CALVARY STREET 24

(AMENDED) CENTER TOWNSHIP, CD #16

2019-UV3-017 1018 CALVARY STREET 35

(AMENDED) CENTER TOWNSHIP, CD #16

2019-CVR-860 8301 ROCKVILLE ROAD 47

WAYNE TOWNSHIP, CD #15

2019-ZON-122 / 6400, 6449, 6455, 6500, 6559, 6565, 6600 AND 6833 83

2020-VAR-001 KENTUCKY AVENUE; 6700, 7700, 7924, 7944, 8002, 8032

AND 8210 CAMBY ROAD

DECATUR TOWNSHIP, CD #20

2019-CZN-852 / 6201-6215 NORTH COLLEGE AVENUE 101

2019-CVR-852 WASHINGTON TOWNSHIP, CD #2

2019-CAP-855 / 1426 AND 1500 BROAD RIPPLE AVENUE 135

2019-CVR-855 WASHINGTON TOWNSHIP, CD #2

2019-ZON-128 1051 EAST 19TH STREET AND 1720 NORTH 147

ALVORD STREET

CENTER TOWNSHIP, CD #17

2020-CPL-801* / 6701, 6751 AND 6801 ACTON ROAD 162

2020-CZN-801* FRANKLIN TOWNSHIP, CD #25

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2020-CZN-806** / 8451 SOUTH ARLINGTON AVENUE 164

2020-CPL-806** FRANKLIN TOWNSHIP, CD #25

PETITIONS OF NO APPEALS

Petitions Recommended for Approval

2020-MOD-001 7125 EAST 96TH STREET 166

LAWRENCE TOWNSHIP, CD #3

2020-MOD-002 9310 AND 9340 OTIS AVENUE 166

LAWRENCE TOWNSHIP, CD #4

2020-MOD-003 1521 BROOKVILLE CROSSING WAY 166

WARREN TOWNSHIP, CD #18

2019-ZON-117 11815 BROOKVILLE ROAD 167

WARREN TOWNSHIP, CD #1

2019-ZON-120 9500 EAST 16TH STREET 167

WARREN TOWNSHIP, CD #19

2019-ZON-121 6720 EAST RAYMOND STREET 167

WARREN TOWNSHIP, CD #18

2019-ZON-123 7530 WEST MOORESVILLE ROAD 167

DECATUR TOWNSHIP, CD #20

2019-ZON-126 7610 WEST COUNTY LINE ROAD 167

DECATUR TOWNSHIP, CD #20

2020-ZON-003 1425 (REAR-EAST) SOUTH MICKLEY AVENUE 167

WAYNE TOWNSHIP, CD #22

2019-CZN-824 2502, 2506, 2520, 2522 AND 2525 EAST 56TH STREET 168

WASHINGTON TOWNSHIP, CD #9

2019-CZN-839 960, 1002, 1006, 1010 AND 1014 BATES STREET AND 168

1001 EAST GEORGIA STREET

CENTER TOWNSHIP, CD #16

2019-CZN-848 227 WEST 42ND STREET 168

WASHINGTON TOWNSHIP, CD #7

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2019-CZN-849 1630 NORTH MERIDIAN STREET (FRONTS ILLINOIS STREET) 168

AND 1752 NORTH MERIDIAN STREET (FRONTS ILLINOIS

STREET)

CENTER TOWNSHIP, CD #11

2019-CZN-859 1328, 1336, 1340, 1402, 1406, 1409, 1411, 1430, 1436, 1443 168

AND 1446 ROOSEVELT AVENUE; 1402, 1406,1410, 1414, 1420,

1422, 1423, 1427, 1431 AND 1435 DR. A J BROWN AVENUE;

1406 AND 1410 ARSENAL AVENUE; 1420 NEWMAN AVENUE

CENTER TOWNSHIP, CD #17

2019-CZN-860 8301 ROCKVILLE ROAD 169

WAYNE TOWNSHIP, CD #15

2019-REG-099 1630 NORTH MERIDIAN STREET (FRONTS ILLINOIS STREET) 170

1752 NORTH MERIDIAN STREET (FRONTS ILLINOIS STREET)

CENTER TOWNSHIP, CD #11

* Automatic Continuance ** Continuance Requested *** Withdrawal

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PART I REZONING PETITION RECOMMENDED FOR APPROVAL BY THE HEARING EXAMINER, APPEAL FILED BY REMONSTRATOR: 2019-ZON-085 3023 WEST MORRIS STREET (APPROXIMATE ADDRESS)

WAYNE TOWNSHIP, COUNCIL DISTRICT #16 BLUE LAKE DEVELOPMENT INC., by Mary E. Solada Rezoning of 14.29 acres from the D-11 (FF) district to the I-3 (FF) classification.

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2019-ZON-085 Address: 3023 West Morris Street (Approximate Address) Location: Wayne Township, Council District #16 Petitioner: Blue Lake Development Inc., by Mary E. Solada Request: Rezoning of 14.29 acres from the D-11 (FF) district to the I-3 (FF)

classification.

ADDENDUM FOR MARCH 4, 2020, METROPOLITAN DEVELOPMENT COMMISSION This petition was heard by the Hearing Examiner on February 13, 2020. After a full hearing the Hearing Examiner recommended approval of the rezoning. Subsequently, a remonstrator filed an appeal of the Hearing Examiner’s decision. A memorandum of her recommendation is attached. An automatic continuance has been filed by a registered neighborhood organization that would continue the petition from the March 4, 2020 hearing, to the April 1, 2020 hearing. This would require acknowledgement by the Metropolitan Development Commission. 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. A tree assessment and preservation plan by a certified arborist shall be submitted for Administrator’s Approval prior to any site preparation or disturbance of the site. Such assessment shall 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. In accordance with the Ordinance, if any of the trees are heritage trees that would be impacted, they would be preserved or removed and replaced.

2. A 51-foot half right-of-way shall be dedicated along the frontage of West Morris Street, as per the request of the Department of Public Works (DPW), Engineering Division. 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 right-of-way shall be granted within 60 days of approval and prior to the issuance of an Improvement Location Permit (ILP).

(Continued)

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STAFF REPORT 2019-ZON-085 (Continued)

3. A closure plan for the mobile home community shall be filed with the Environmental Public Health Division, Indiana State Department of Health, for their review and approval, within 30 days of final approval of the rezoning. Such plan shall include, but not be limited to, all requirements identified in Cause No. F-000635-20, Number 5b, in the Order filed January 23, 2020 (Exhibit B). The closure shall be completed, including confirmation by field staff inspection, within three months of approval of the closure plan or prior to the issuance of an Improvement Location Permit (ILP), whichever occurs first.

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

This 14.39-acre site, zoned D-11, is comprised of four parcels and developed with mobile home dwellings. It is surrounded by industrial uses to the north, across West Morris Street, zoned I-3 and SU-13 (sanitary landfill); industrial uses to the south, zoned I-3; commercial and industrial uses to the east, zoned C-7 and I-3, respectively; and industrial uses to the west, zoned I-3.

Petition 2018-ZON-093 rezoned the abutting site to the south to the I-3 (FW)(FF) to provide for a “clean” landfill.

REZONING ◊ This request would rezone the site from the D-11 (FF) District to the I-3 (FF) classification to

provide for industrial uses. “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.”

◊ The Comprehensive Plan recommends light industrial typology for the site. “The Light

Industrial typology provides for industrial, production, distribution, and repair uses conducted within enclosed structures and unlikely to create emissions of light, odor, noise, or vibrations. This typology is characterized by freestanding buildings or groups of buildings, often within industrial parks. Typical uses include warehousing, self-storage, assembly of parts, laboratories, wholesaling, and printing. Industrial or truck traffic should be separated from local/residential traffic.”

(Continued)

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STAFF REPORT 2019-ZON-085 (Continued) ◊ The Pattern Book recommends the following development policy guidelines for light and heavy

industrial uses. Light Industrial Uses • Industrial truck traffic should not utilize local, residential streets.

• Streets internal to industrial development must feed onto an arterial street. • Removed as a recommended land use where they would be adjacent to a living

or mixed-use typology.

Heavy Industrial Uses • The primary entrance should be served by an arterial street.

• Industrial truck traffic should not utilize local, residential streets. • Streets internal to industrial development must feed onto an arterial street. • Removed as a recommended land use where they would be adjacent to a living

or mixed-use typology. ◊ As proposed, this request would represent an expansion of and be integrated with the abutting

property to the south currently operating as a landfill. Although the Comprehensive Plan recommends light industrial, staff believes that the rezoning would be a reasonable expansion and integration with the I-3 District to the south, with minimal impact on adjoining land uses, if all development standards are maintained.

◊ Access to this site could be gained from West Morris Street, a primary arterial. The abutting

site to the south currently has access from South Tibbs Road, a secondary arterial, and West Minnesota Street, a primary collector.

◊ Although the rezoning would not be entirely consistent with the Comprehensive Plan, the

deviation to an intermediate industrial category and the ability of the site to comply with the Pattern Book policy guidelines result in a request that would be supportable.

◊ For all these reasons, staff recommends approval of the rezoning request, subject to the

commitments related to tree preservation, dedication of right-of-way and closure of the mobile home park.

Violations / Closure Requirements of the Mobile Home Park ◊ This request was filed on August 22, 2019, but was not docketed until February 13, 2020, at

the request of the petitioner’s representative. Staff understands the delay was related to the existing mobile dwellings that were occupied by residents and additional time was needed to relocate and /or compensate those residents that were living on the site.

(Continued)

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STAFF REPORT 2019-ZON-085 (Continued) ◊ Due to a number of violations and the planned closure of the mobile home community, the

Environmental Public Health Division of the Indiana State Department filed an Order (Cause No F-000635-20) on January 23, 2020, against Blue Lake, Inc. d/b/a I-70 Mobile Home Park, identifying several violations and requiring certain actions to be taken to correct the violations. See Exhibit B.

◊ The Order, Item 5b, outlined the required steps to be completed to properly close the mobile

home community. Staff’s approval recommendation is subject to a commitment that complies with the Order.

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 100-year frequency flood peak discharge and lies outside of the floodway.

Staff would note that a large portion of the site lies within the unregulated 500-year frequency flood plain, with small areas of the site located within the 100-year frequency.

The designation of the FF District is to guide development in areas subject to potential flood (I-3 in this request) are permitted, subject to certain development standards of the Flood Control Districts Zoning Ordinance.

Department of Public Works ◊ The Department of Public Works, Traffic Engineering Section, has requested the dedication

and conveyance of a 51-foot half right-of-way along West Morris Street. Tree Preservation

There are significant amounts of natural vegetation and trees located on the eastern half of 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. See Exhibit A.

(Continued)

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STAFF REPORT 2019-ZON-085 (Continued)

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.)

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).

GENERAL INFORMATION EXISTING ZONING AND LAND USE

D-11 Mobile home dwellings.

SURROUNDING ZONING AND LAND USE

North - I-3 / SU-13 Industrial uses South - I-3 Industrial uses East - C-7 / I-3 Commercial uses / undeveloped land West - I-3 Industrial uses

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Indianapolis and Marion County (2018) recommends light industrial typology.

THOROUGHFARE PLAN This portion of West Morris Street is designated in the Marion County Thoroughfare Plan as a local street, with an existing 90-foot right-of-way and a proposed 102-foot right-of-way.

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

OVERLAY There is no overlay for this site.

FLOODWAY / FLOODWAY FRINGE

This site is located within the floodway fringe the East Fork of White Lick Creek.

ZONING HISTORY 2018-ZON-093; 1311 South Tibbs Avenue, 2900 and 3023 West Morris Street, and 2800 Minnesota Street (south of site), requested rezoning of 65.66 acres, from the D-A (FF), D-5, D-11 (FW) (FF), SU-34 (FF), C-1, and C-7 (FW) districts, to the I-3 (FW) (FF) classification, approved.

(Continued)

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STAFF REPORT 2019-ZON-085 (Continued) 2013-ZON-007; 3120 West Morris Street (north of site); requested rezoning of 3.997 acres, from the C-7 and SU-13 Districts, to the I-3-U classification to provide for an electrical parts and equipment wholesaler and distributor, approved. 2014-ZON-072; 2840 West Minnesota Street (west of site) requested rezoning of 1.49 acres from the D-5 and D-11 Districts to the I-3-S classification to provide for storage of light industrial equipment, approved. 2014-ZON-009; 2925 West Minnesota Street (south of site), requested rezoning of 5.189 acres from the I-2-S District to the I-4-S classification to provide for industrial development, approved. 2009-ZON-086; 2900 West Minnesota Street (south of site), requested rezoning of 13.08 acres from, the I-2-S and I-4-S Districts to the I-4-S classification to provide for heavy industrial uses, approved. 96-Z-152 / 96-CV-30; 2910 West Minnesota Street (south of site), requested rezoning of 12.055 acres from the C-7, C-5 and D-11 Districts to the C-ID classification to permit the continued operation and expansion of a general contractor and excavation business within 500 feet of a protected district with outdoor storage / operations and accessory structures exceeding the permitted square footage, with a reduced landscape strip and legally establish a parking area within the required front yard, approved and granted. 93-SE3-7; 1502 and 1507 South Goodlet Street (west of site), requested a special exception of the Dwelling Districts Zoning Ordinance to provide for the placement of a manufactured home, withdrawn. 83-V3-57; 3101 West Morris (west of site), requested a variance of the Industrial Zoning Ordinance development standards to allow the paved parking to remain and to allow reduction of the required landscaping of transitional yards, granted. 73-Z-310; 2910 West Minnesota Street (south of site), requested rezoning of 5.01 acres from the D-5 and D-11 Districts to the C-7 classification to provide for storage of materials, machinery and equipment used in an excavation business, approved. kb *******

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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

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

Number of Trees to be planted to

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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EXHIBIT B

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View of site looking southwest across West Morris Street

View of site looking south across West Morris Street

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View of site looking south across West Morris Street

View of site looking south across West Morris Street

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View of site looking southeast

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PART II VACATION PETITION DENIED BY THE PLAT COMMITTEE, APPEAL FILED BY THE PETITIONER: 2019-VAC-015 4326 SELLERS STREET (APPROXIMATE ADDRESS)

LAWRENCE TOWNSHIP, COUNCIL DISTRICT #13 MACLE REALTY LLC, by Russell L. Brown Vacation of a portion of Plummer Street, with one 22-foot wide, 125-foot long section and one 50-foot wide, 270-foot long section lying southwest of the southwesterly right-of-way line of Sellers Street and being the first street north of Pendleton Pike within the Allen and Sellers Addition to Lawrence Indiana as recorded in Plat Book 14, Page 138 in the Office of the Recorder, with a waiver of the Assessment of Benefits.

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STAFF REPORT Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2019-VAC-015 Address: 4326 Sellers Street (Approximate Address) Location: Lawrence Township, Council District #13 Petitioner: MACLE Realty LLC, by Russell L. Brown

Waivers: Assessment of Benefits The petitioner and remonstrance have agreed to request a continuance of this vacation to the April 1, 2020 hearing, without notice. LA ******

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PART III

VARIANCE OF USE PETITION APPROVED BY THE METROPOLITAN BOARD OF ZONING APPEALS, DIVISION 3, APPEAL FILED BY THE CITY-COUNTY COUNCILOR: 2019-UV3-016 1024 CALVARY STREET (APPROXIMATE ADDRESS) (AMENDED) CENTER TOWNSHIP, COUNCIL DISTRICT #16 I-4

JASON BLANKENSHIP, by Mark and Kim Crouch Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a two-family dwelling with attached garages (not permitted) with a five-foot front setback and three and five-foot side setbacks (30-foot front setback and 20-foot side setbacks required).

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2019-UV3-016 (Amended) Address: 1024 Calvary Street (approximate address) Location: Center Township, Council District #16 Zoning: I-4 Petitioner: Jason Blankenship, by Mark and Kim Crouch Request: Variance of use and development standards of the Consolidated Zoning

and Subdivision Ordinance to provide for a two-family dwelling with attached garages (not permitted) with a five-foot front setback and three and five-foot side setbacks (30-foot front setback and 20-foot side setbacks required).

ADDENDUM FOR MARCH 4, 2020 METROPOLITAN DEVELOPMENT COMMISSION This petition was approved by the Metropolitan Board of Zoning Appeals Division III on February 18, 2020. The City County Councilor for District 16 filed an appeal of this decision to the Metropolitan Development Commission (see attached appeal letter). ADDENDUM FOR FEBRUARY 18, 2020 This petition was continued from the January 21, 2020 hearing, to the February 18, 2020 hearing as a joint request from staff and a registered neighborhood organization. This petition and site plan were amended to reduce the seven-foot south side setback to five feet as recommended by staff. Additional notice was needed, as the amended request deviated more from the Ordinance than the original notice. Staff is now recommending approval of the amended petition. January 21, 2020 RECOMMENDATIONS Staff recommends this petition be continued to reduce the seven-foot south side setback to five feet to accommodate staff’s recommendation to provide for three-foot side setbacks for the detached garages at 1018 Calvary Street (2019-UV3-017). SUMMARY OF ISSUES The following issues were considered in formulating the recommendation:

(Continued)

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STAFF REPORT 2019-UV3-016 (Continued) LAND USE EXISTING ZONING AND LAND USE I-4 Compact Undeveloped

SURROUNDING ZONING AND LAND USE North I-4 Research and Development/ Single-family dwelling South C-5 Commercial East C-5 Commercial West I-4 Undeveloped COMPREHENSIVE PLAN The Comprehensive Plan recommends traditional

neighborhood development. OVERLAY This site is within two Transit-Oriented Development

(TOD) overlays, specifically the Bus Rapid Transit Red Line and Bus Rapid Transit Blue Line.

The 0.16-acre site is undeveloped and is surrounded by a mechanical/industrial engineering firm and single-family dwellings to the north, vacant commercial buildings directly east, and an undeveloped property to the west.

The subject site was originally developed with a two-family dwelling and an out-building according to an 1898 Sanborn map.

VARIANCE OF USE

The grant of this petition would permit a two-family dwelling with attached garages to be located on an I-4 zoned lot.

The I-4 district is for those heavy industrial uses which present an elevated risk to the general public and are typically characterized by factors that would be exceedingly difficult, expensive, or impossible to eliminate.

Although two-family dwellings are not a permitted use in this district, the proposed use would be consistent with development proposed by the traditional neighborhood typology recommendation of the Comprehensive Plan.

Staff would note that a variance of use is one process for developing the subject property consistent with the surrounding residential development. However, it would be best to consider rezoning the subject site and surrounding properties in the future to eliminate or reduce the need for future variances.

(Continued)

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STAFF REPORT 2019-UV3-016 (Continued) VARIANCE OF DEVELOPMENT STANDARDS

The grant of this petition would allow for deficient front and side setbacks within the I-4 District.

Per Table 744-201-6: Dimensional Standards for Districts I-1 through I-4, the I-4 district calls for a 30-foot front setback and 20-foot side setback in the Compact Context Area. The request would reduce the front setback to five feet and the side setbacks to three and seven feet. The front setback would be consistent with front setbacks along Calvary Street which range from zero- to 20-foot front setbacks within the I-4 district.

The deficient three-foot side setback would face the alley which would be a buffer between the proposed attached garage and adjacent properties. Additionally, the three-foot setback involves a corner of the building not a continuous wall, significantly lessening any potential impacts. The seven-foot setback would be to the south which would allow for a ten-foot separation between dwellings.

However, staff would recommend that two-feet in lot width be granted to the southern property located at 1018 Calvary Street. This would allow for a three-foot fire separation distance for the proposed detached garages at 1018 Calvary Street. This change would require an amendment, with additional notice to shift the lot line north and reduce the proposed south side setback from seven feet to five feet. The separation between buildings would remain unchanged. Therefore, staff recommends that this petition be continued.

GENERAL INFORMATION THOROUGHFARE PLAN Calvary Street is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a local street, with a 60-foot existing and proposed right-of-way.

EXHIBIT 1 - APPEAL LETTER File-dated February 24, 2020. SITE PLAN File-dated December 12, 2019. AMENDED SITE PLAN File-dated January 21, 2020. FINDINGS OF FACT File-dated December 12, 2019. ZONING HISTORY – SITE EXISTING VIOLATIONS None.

(Continued)

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STAFF REPORT 2019-UV3-016 (Continued) PREVIOUS CASES None. ZONING HISTORY – VICINITY 2019-UV2-017; 953 and 1005 Harrison Street (northwest of site), Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the remodeling of a single-family dwelling (953) with an eleven-foot front setback and a 0.5-foot west side transitional setback, the construction of a second-floor deck with a 13-foot east side setback, and the construction of a detached garage with nine-foot side and side transitional setbacks and a 16-foot rear setback and to provide for the construction of a single-family dwelling (1005) with a 15-foot front setback and eight-foot side and setbacks and the remodeling of a detached garage with five-foot side setbacks (30-foot front setback, 20-foot side and rear setbacks and 50-foot side transitional setbacks required), granted. 2013-ADM-235; 949 Harrison Street (northwest of site), Approval of site plan, elevations, and floor plan for residential property improvements. 2013-UV2-031; 450 South Shelby Street (south of site), Variance of use of the Commercial Zoning Ordinance to provide for two dwelling units in an existing building (not permitted), granted. 2010-ADM-104; 941 Harrison Street (northwest of site) Approval of site plan and elevations for single-family dwelling and detached garage. 2010-ZON-001; 941, 945, and 949 Harrison Street (northwest of site), Rezoning of from the I-4-U district to the D-8 classification, approved. 2005-DV2-013; 1110-1146 Deloss Street (east of site), Variance of development standards of the Industrial Zoning Ordinance to legally establish a 3,600-square foot gravel parking lot for an existing masonry restoration business, granted. 2005-DV2-011;1102 and 1106 Deloss Street (east of site), Variance of development standards of the Industrial Zoning Ordinance to legally establish a gravel parking lot, granted. 2004-AP1-002; (west of site), Appeal of Administrator’s decision to approve a Certificate of Legal Nonconforming Use for a four-unit multi-family dwelling in the D-8 district with non-conforming setback lines and yards, denied. 2004-LNU-020; 927-929 English Avenue (west of site), Certificate of Legal Non-Conforming Use for building setback lines and yards, four dwelling units, and a total car ratio of 0.00, granted.

(Continued)

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STAFF REPORT 2019-UV3-016 (Continued) 2000-AP2-005; 906-914 English Avenue (northwest of site), Modification of site plan, related to petition 2000-UV2-016, to provide for the reconfiguration of a 1,040-square foot carriage house, creating an 11.5-foot front setback from Pine Street and a 20-foot front setback from Harrison Street (minimum 18-foot front setback from Pine Street and 22-foot front setback from Harrison Street permitted by 2000-UV2-016), granted. 2000-UV2-016; 906 English Avenue (Northwest of site), Variance of use of the Commercial Zoning Ordinance and a variance of use and development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a single-family dwelling on a lot containing an existing two-family dwelling, with a main floor area of zero feet, and to legally establish a two-family dwelling, with a front setback of 2.5 feet along English Avenue and a front setback of three feet along Pine Street, and a side yard setback of three feet, granted. 2000-ZON-027; 502 South Shelby Street (south of site), Rezoning of 0.10 acre, being in the D-8 District, to the SU-1 classification to provide for parking for a religious use, approved. 95-UV3-51; 436-440 Shelby Street (South of site), Variance of use of the Commercial Zoning Ordinance to provide for a machine shop for the manufacture of pattern molds, granted. 88-V1-27A; 916 Harrison Street (North of site), Variance of development standards of the Industrial Zoning Ordinance to provide for an additional overhead loading door within the required front yard on an addition approved pursuant to the Petition 87-V1-94, granted. 87-V1-94; 916 Harrison Street (North of site), Variance of development standards of the Industrial Zoning Ordinance to provide for an addition to an existing industrial building without the required setback, granted. 85-Z-120B; 963 English Avenue (southwest of site), Rezoning of 0.229 acre, being in the D-8 district, to the SU-1 classification to provide for additional parking for the church, approved. 84-V3-56; 1027 Harrison Street (north of site) Variance of development standards of the Industrial Zoning Ordinance to provide for a 16 by 34-foot addition to an existing building within the required setback from the right-of-way, withdrawn. MI

*******

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2019-UV3-016; Location Map

2019-UV3-016; Aerial Map

2019-UV3-016; Sanborn (1898)

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2019-UV3-016; EXHIBIT 1 - APPEAL LETTER

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2019-UV3-016; Site Plan

2019-UV3-016; Amended Site Plan

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2019-UV3-016; Photographs

Photo of the Subject Property:1024 Calvary Street

Photo of the alley north of the site and undeveloped property to the south.

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PART IV

VARIANCE OF USE PETITION APPROVED BY THE METROPOLITAN BOARD OF ZONING APPEALS, DIVISION 3, APPEAL FILED BY THE CITY-COUNTY COUNCILOR: 2019-UV3-017 1018 CALVARY STREET (APPROXIMATE ADDRESS) (AMENDED) CENTER TOWNSHIP, COUNCIL DISTRICT #16

I-4 JASON BLANKENSHIP, by Mark and Kim Crouch Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a two-family dwelling with a five-foot front setback and four-foot side setbacks, with detached garages (not permitted) with three-foot side setbacks and five and 11-foot rear setbacks (30-foot front setback and 20-foot side and rear setbacks required).

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2019-UV3-017 (Amended) Address: 1018 Calvary Street (approximate address) Location: Center Township, Council District #16 Zoning: I-4 Petitioner: Jason Blankenship, by Mark and Kim Crouch Request: Variance of use and development standards of the Consolidated Zoning

and Subdivision Ordinance to provide for a two-family dwelling with a five-foot front setback and four-foot side setbacks, with detached garages (not permitted) with three-foot side setbacks and five and 11-foot rear setbacks (30-foot front setback and 20-foot side and rear setbacks required).

ADDENDUM FOR MARCH 4, 2020 METROPOLITAN DEVELOPMENT COMMISSION This petition was approved by the Metropolitan Board of Zoning Appeals Division III on February 18, 2020. The City County Councilor for District 16 filed an appeal of this decision to the Metropolitan Development Commission (see attached appeal letter). ADDENDUM FOR FEBRUARY 18, 2020 This petition was continued from the January 21, 2020 hearing, to the February 18, 2020 hearing at the request of a registered neighborhood organization. This petition and site plan were amended to provide three-foot side setbacks for the detached garages as recommended by staff. This change altered the lot width from 40 feet to 42 feet and increased the three-foot side setbacks for the two-family dwelling to four-foot side setbacks. These changes did not require additional notice. Staff recommends approval of the amended petition. RECOMMENDATIONS Staff recommends approval of this request if the petition would be amended to provide for three-foot side setbacks for the detached garages. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE I-4 Compact Undeveloped

(Continued)

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STAFF REPORT 2019-UV3-017 (Continued) SURROUNDING ZONING AND LAND USE North I-4 Undeveloped / Single-family dwelling South C-5 Commercial East C-5 Commercial West I-4 Vacant COMPREHENSIVE PLAN The Comprehensive Plan recommends traditional

neighborhood development. OVERLAY This site is within two Transit-Oriented Development

(TOD) overlays, specifically the Bus Rapid Transit Red Line and Bus Rapid Transit Blue Line.

The 0.11-acre subject site is undeveloped and is surrounded by an undeveloped property and single-family dwellings to the north, vacant commercial buildings directly east, and a vacant building to the west.

The subject site was originally developed with a single-family dwelling according to an 1898 Sanborn map.

VARIANCE OF USE

The grant of this petition would permit a two-family dwelling with detached garages to be located on an I-4 zoned lot.

The I-4 district is for those heavy industrial uses which present an elevated risk to the general public and are typically characterized by factors that would be exceedingly difficult, expensive, or impossible to eliminate.

Although two-family dwellings are not a permitted use in this district, the proposed use would be consistent with the development proposed by the traditional neighborhood typology recommendation of the Comprehensive Plan.

Staff would note that a variance of use is one process for developing the subject property consistent with the surrounding residential development. However, it would be best to consider rezoning the subject site and surrounding properties in the future to eliminate or reduce the need for future variances.

VARIANCE OF DEVELOPMENT STANDARDS

The grant of this petition would allow for deficient front and side setbacks within the I-4 District.

(Continued)

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STAFF REPORT 2019-UV3-017 (Continued)

Per Table 744-201-6: Dimensional Standards for Districts I-1 through I-4, the I-4 district calls for a 30-foot front setback and 20-foot side setback in the Compact Context Area. The request would reduce the front setback to five feet and the side setbacks to three feet for the dwelling. The front setback would be consistent with front setbacks along Calvary Street which range from zero- to 20-foot setbacks within the I-4 district. The three-foot side setbacks would be sufficient for fire separation, which staff is in support of.

Staff would request three-foot side setbacks for the detached garages to meet the three-foot fire separation distance and not hinder future development at the southern property. This could be accomplished through the grant of two feet in lot width from the northern property located at 1024 Calvary Street to the subject site, which would create a 42-foot frontage. The building would shift one foot north to allow three-foot side setbacks. The proposed dwelling would then have a five-foot north side setback, but additional notice would not be required for these changes to occur.

Staff determined that the development standard deviations would promote residential development of the subject site as recommended by the Comprehensive Plan. Therefore, staff would recommend approval of this petition.

GENERAL INFORMATION THOROUGHFARE PLAN Calvary Street is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a local street, with a 60-foot existing and proposed right-of-way.

EXHIBIT 1 - APPEAL LETTER File-dated February 24, 2020. SITE PLAN File-dated December 12, 2019. AMENDED SITE PLAN File-dated January 21, 2020. FINDINGS OF FACT File-dated December 12, 2019. ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES None.

(Continued)

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STAFF REPORT 2019-UV3-017 (Continued) ZONING HISTORY – VICINITY 2019-UV2-017; 953 and 1005 Harrison Street (northwest of site), Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the remodeling of a single-family dwelling (953) with an eleven-foot front setback and a 0.5-foot west side transitional setback, the construction of a second-floor deck with a 13-foot east side setback, and the construction of a detached garage with nine-foot side and side transitional setbacks and a 16-foot rear setback and to provide for the construction of a single-family dwelling (1005) with a 15-foot front setback and eight-foot side and setbacks and the remodeling of a detached garage with five-foot side setbacks (30-foot front setback, 20-foot side and rear setbacks and 50-foot side transitional setbacks required), granted. 2013-ADM-235; 949 Harrison Street (northwest of site), Approval of site plan, elevations, and floor plan for residential property improvements. 2013-UV2-031; 450 South Shelby Street (south of site), Variance of use of the Commercial Zoning Ordinance to provide for two dwelling units in an existing building (not permitted), granted. 2010-ADM-104; 941 Harrison Street (northwest of site) Approval of site plan and elevations for single-family dwelling and detached garage. 2010-ZON-001; 941, 945, and 949 Harrison Street (northwest of site), Rezoning of from the I-4-U district to the D-8 classification, approved. 2005-DV2-013; 1110-1146 Deloss Street (east of site), Variance of development standards of the Industrial Zoning Ordinance to legally establish a 3,600-square foot gravel parking lot for an existing masonry restoration business, granted. 2005-DV2-011;1102 and 1106 Deloss Street (east of site), Variance of development standards of the Industrial Zoning Ordinance to legally establish a gravel parking lot, granted. 2004-AP1-002; (west of site), Appeal of Administrator’s decision to approve a Certificate of Legal Nonconforming Use for a four-unit multi-family dwelling in the D-8 district with non-conforming setback lines and yards, denied. 2004-LNU-020; 927-929 English Avenue (west of site), Certificate of Legal Non-Conforming Use for building setback lines and yards, four dwelling units, and a total car ratio of 0.00, granted. 2000-AP2-005; 906-914 English Avenue (northwest of site), Modification of site plan, related to petition 2000-UV2-016, to provide for the reconfiguration of a 1,040-square foot carriage house, creating an 11.5-foot front setback from Pine Street and a 20-foot front setback from Harrison Street (minimum 18-foot front setback from Pine Street and 22-foot front setback from Harrison Street permitted by 2000-UV2-016), granted.

(Continued)

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STAFF REPORT 2019-UV3-017 (Continued) 2000-UV2-016; 906 English Avenue (Northwest of site), Variance of use of the Commercial Zoning Ordinance and a variance of use and development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a single-family dwelling on a lot containing an existing two-family dwelling, with a main floor area of zero feet, and to legally establish a two-family dwelling, with a front setback of 2.5 feet along English Avenue and a front setback of three feet along Pine Street, and a side yard setback of three feet, granted. 2000-ZON-027; 502 South Shelby Street (south of site), Rezoning of 0.10 acre, being in the D-8 District, to the SU-1 classification to provide for parking for a religious use, approved. 95-UV3-51; 436-440 Shelby Street (South of site), Variance of use of the Commercial Zoning Ordinance to provide for a machine shop for the manufacture of pattern molds, granted. 88-V1-27A; 916 Harrison Street (North of site), Variance of development standards of the Industrial Zoning Ordinance to provide for an additional overhead loading door within the required front yard on an addition approved pursuant to the Petition 87-V1-94, granted. 87-V1-94; 916 Harrison Street (North of site), Variance of development standards of the Industrial Zoning Ordinance to provide for an addition to an existing industrial building without the required setback, granted. 85-Z-120B; 963 English Avenue (southwest of site), Rezoning of 0.229 acre, being in the D-8 district, to the SU-1 classification to provide for additional parking for the church, approved. 84-V3-56; 1027 Harrison Street (north of site) Variance of development standards of the Industrial Zoning Ordinance to provide for a 16 by 34-foot addition to an existing building within the required setback from the right-of-way, withdrawn. MI

*******

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2019-UV3-017; Location Map

2019-UV3-017; Aerial Map

2019-UV3-017; Sanborn (1898)

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2019-UV3-017; EXHIBIT 1 - APPEAL LETTER

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2019-UV3-017; Site Plan

2019-UV3-017; Amended Site Plan

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2019-UV3-017; Photographs

Photo of the Subject Property: 1018 Calvary Street

View of the vacant commercial building and existing single-family dwelling to the south.

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Buildings located east of the subject site.

Rear view of the subject site and bordering alley.

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PART V

VARIANCE PETITION DENIED BY THE HEARING EXAMINER, APPEAL FILED BY THE PETITIONER: 2019-CVR-860 8301 ROCKVILLE ROAD (APPROXIMATE ADDRESS)

WAYNE TOWNSHIP, COUNCIL DISTRICT #15 KEN KNUCKLES Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for 85 parking spaces (maximum 70 parking spaces permitted).

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2019-CZN-860 / 2019-CVR-860 Address: 8301 Rockville Road (Approximate Address) Location: Wayne Township, Council District #15 Petitioner: Ken Knuckles Request: Rezoning of four acres from the I-3 (FF) district to the C-4 (FF)

classification. Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for 85 parking spaces (maximum 70 parking spaces permitted).

ADDENDUM FOR MARCH 4, 2020, METROPOLITAN DEVELOPMENT COMMISSION These petitions were heard by the Hearing Examiner on February 13, 2020. After a full hearing the Hearing Examiner recommended approval of the rezoning and denial of the variance request. Subsequently, the petitioner’s representative filed an appeal of the Hearing Examiner’s decision recommending denial of the variance request. A memorandum of her recommendation is attached. On February 24, 2020, the petitioner’s representative submitted additional informational to support the request for 85 parking spaces that exceeds the maximum 70 spaces permitted by the Ordinance by 15 spaces. Exhibits One and Two provides customer data from November 26, 2019, through December 31, 2019, which would be the busiest time of the year. Exhibit Three provides aerials of two nearby sites, both of which depict open parking spaces. The first photo in Exhibit Four shows only a portion of the parking lot and the second and third photos show open parking spaces. Exhibit Five appears to be computer screen shots indicating popular times, but no information is provided that indicates the type of “popular” activity, such as classes, shopping or use of shooting lanes. Exhibit Six is a letter of support from the business park owners’ association. Unfortunately, the information provided is not helpful as it does not illustrate parking demand. In order to properly indicate the impact of parking, a parking survey would have to conducted illustrating parking availability and parking demand at peak hours during the day, week and year. See Exhibit C. Staff would also note that this site is part of an integrated center defined as “an area of development that share common site facilities,” including parking. Because it appears that the need for additional parking would be limited to approximately five out of 52 weeks occurring at the end of year, the remaining 47 weeks would likely be satisfied with the 70 maximum parking spaces allowed by the Ordinance.

(Continued)

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STAFF REPORT 2019-CZN-860 / 2019-CVR-860 (Continued) RECOMMENDATIONS Staff recommends approval of the rezoning request, subject to the following commitment being reduced to writing on the Commission's Exhibit "B" forms at least three days prior to the MDC hearing:

A tree assessment and preservation plan by a certified arborist shall be submitted for Administrator’s Approval prior to any site preparation or disturbance of the site. Such assessment shall 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. In accordance with the Ordinance, if any of the trees are heritage trees that would be impacted, they would be preserved or removed and replaced.

This plan shall also, at a minimum: a) delineate the location of the existing trees, b) characterize the size and species of such trees, c) indicate proposed development, and d) identify the method of preservation (e.g. provision of snow fencing or staked straw bales at the individual tree's dripline during construction activity). All trees proposed for removal shall be indicated as such. All development shall be located in a manner which causes the least amount of disruption to the trees.

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

This 4.0-acre site, zoned I-3 (FF), is undeveloped and surrounded by offices uses to the north, zoned I-2 (FF) and C-1 (FF); undeveloped land to the south, zoned I-3 (FF); office uses and undeveloped land to the east, zoned C-4 (FF); and undeveloped land to the west, zoned PK-1 (FW)(FF).

Petitions 2019-CZN-833 / 2019-CVR-833 requested rezoning for four acres from the I-3 (FF) District to the C-4 (FF) classification and a variance of development standards to exceed the parking requirements. These petitions were withdrawn prior to any hearing.

(Continued)

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STAFF REPORT 2019-CZN-860 / 2019-CVR-860 (Continued) REZONING ◊ This request would rezone this site acres from the I-3 (FF) District to the C-4 (FF) classification

to provide for a firearm range and firearm sales. “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.”

◊ The Comprehensive Plan recommends light industrial for the site. “The Light Industrial

typology provides for industrial, production, distribution, and repair uses conducted within enclosed structures and unlikely to create emissions of light, odor, noise, or vibrations. This typology is characterized by freestanding buildings or groups of buildings, often within industrial parks. Typical uses include warehousing, self-storage, assembly of parts, laboratories, wholesaling, and printing. Industrial or truck traffic should be separated from local/residential traffic.”

◊ This site is located within an overlay, specifically an environmentally sensitive area. “Overlays

are used in places where the land uses that are allowed in a typology need to be adjusted. They may be needed because an area is environmentally sensitive, near an airport, or because a certain type of development should be promoted. Overlays can add uses, remove uses, or modify the conditions that are applied to uses in a typology.”

◊ “The Environmentally Sensitive Areas (ES) Overlay is intended for areas containing high

quality woodlands, wetlands, or other natural resources that should be protected. The purpose of this overlay is to prevent or mitigate potential damage to these resources caused by development. This overlay is also appropriate for areas that present an opportunity to create a new environmental asset. This overlay is not intended for the preservation of open space.” In this case, the 100-year floodway fringe of the East Fork of White Lick Creek lies within this overlay.

◊ Even though the Plan recommendation is light industrial, the proposed C-4 District would be

more compatible with and less impactful to the surrounding land uses comprised of office uses and commercial uses. Consequently, staff supports the rezoning, subject to the preservation of the existing trees and protection of the stream corridor.

Site Plan ◊ The site plan, file-dated December 31, 2019, provides for a 15,000-square foot building with

parking to the west, north and east. The mechanical equipment would be located along the southern building façade and enclosed with an eight-foot tall chain link fence with vinyl slats.

(Continued)

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STAFF REPORT 2019-CZN-860 / 2019-CVR-860 (Continued) ◊ The site is located approximately 450 feet south of Rockville Road and gains access from

Country Club Road which is a local street with a 55-foot wide right-of-way that narrows to a 50-foot right-of-way terminating at a 205-foot long private easement.

Stream Protection Corridor ◊ A stream protection corridor consists of a strip of land, extending along both sides of all

streams. The width of the corridor is based upon whether the stream is designated as a Category One or Category Two. Category One streams have a corridor width of 60 feet in the compact context area and 100 feet in the metro context area. Category Two streams have a corridor width of 25 feet in the compact context area and 50 feet in the metro context area.

◊ The vegetative target for the Stream Protection Corridor is a variety of mature, native riparian

tree and shrub species that can provide shade, leaf litter, woody debris, and erosion protection to the stream, along with appropriate plantings necessary for effective stream bank stabilization.

◊ The ditch that feeds into the East Branch of White Lick Creek runs along the boundary and is

designated as a Category Two stream requiring a 50-foot wide stream protection corridor. Staff would note that the site plan, file-dated May 2, 2018, provides for a proposed stream crossing and buffer.

Tree Preservation ◊ There are significant amounts of natural vegetation and trees located along the western and

southern boundaries of the site. Due to their inherent ecological, aesthetic, and buffering qualities, the maximum number of these existing trees should be preserved on the site.

◊ A tree inventory and preservation plan prepared by a certified arborist shall be submitted for

Administrator's Approval prior to the issuance of an Improvement Location Permit (ILP) and prior to any site preparation activity.

This development would also be subject to the Heritage Tree Conservation provision of the Ordinance. The Ordinance 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.

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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STAFF REPORT 2019-CZN-860 / 2019-CVR-860 (Continued) VARIANCE OF DEVELOPMENT STANDARDS ◊ This request would provide for 85 parking spaces when the maximum permitted is 70 parking

spaces. The practical difficulty noted in the findings of fact references the need for the additional parking would create an operational hardship for the petitioner because 85 spaces is the minimum number of parking spaces to support the successful operation of the business and meet the needs of the customers.

◊ Staff requested more detailed information to substantiate the need for additional parking. The

petitioner provided data from five weeks from November to December 2019. It was, however, impossible to review because of the lack of contextual details. See Exhibit A.

◊ In addition to the column headings, information such as dates, number of customers during

certain hours, number of customers using the range, shopping or taking classes would provide information necessary for review. The narrative states there would be 20 shooting lanes and two classrooms with an average of 15 attendees, but no further information was provided regarding use of the lanes and the number of classes.

◊ Staff requested additional information be submitted to explain the numbers, including column

headings, but no further documentation was provided. If appropriate documentation was provided in a form that substantiated the need for the additional parking, staff would reconsider their recommendation but no data about actual parking demand has been submitted to the file to demonstrate the need for the parking supply provided.

◊ Staff would note that IndyGo Route 10 serves this location, thereby reducing the need for

additional parking spaces beyond the maximum. ◊ For these reasons, staff is recommending denial of the variance to exceed the maximum

number parking spaces. GENERAL INFORMATION EXISTING ZONING AND LAND USE

I-3 Undeveloped land

SURROUNDING ZONING AND LAND USE

North - I-2 / C-1 Commercial office uses South - I-3 Undeveloped land East - C-4 Commercial office uses / undeveloped land West - PK-1 Park

(Continued)

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STAFF REPORT 2019-CZN-860 / 2019-CVR-860 (Continued)

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Indianapolis and Marion County (2018) recommends regional commercial and light industrial.

THOROUGHFARE PLAN This portion of Rockville Road is designated in the Marion County Thoroughfare Plan as a primary arterial, with an existing 174-foot right-of-way and a proposed 119-foot right-of-way.

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

OVERLAY This site is located within an environmentally sensitive overlay.

SITE PLAN File-dated December 31, 2019

ZONING HISTORY 2019-CZN-833 / 2019-CVR-833; 8301 Rockville Road, requested rezoning of 4.0 acres from the I-3 (FF) District to the C-4 (FF) classification and a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for 85 spaces, withdrawn. Vicinity 2004-ZON-025; 8351 Rockville Road, requested rezoning of 1.144 acres, being in the C-S (FF) District to the I-2-S (FF) classification to provide for an addition to an existing pharmaceutical supply facility, approved. 2003-ZON-076; 8155 Rockville Road (adjacent to subject site), requested a rezoning of 24.909 acres, being in the C-3 (FF) (FW), C-4 (FF) (FW) and I-3-S (FF) (FW) Districts, to the C-4 (FF) (FW) classification to provide for commercial development, approved. 96-Z-208 and 96-Z-209; 8101 and 8175 Rockville Road, requested rezoning of 6.78 acres, being in the C-S (FF) District, to the C-3 (FF) and C-4 (FF) to provide for commercial retail development, a gasoline service station, and car wash, approved. 96-Z-195; 8101 Rockville Road, requested rezoning of 11.528 acres from C-S (FF) to I-3-S (FF) to provide industrial development, approved. 92-Z-101; 8101 Rockville Road, requested rezoning of 35.25 acres from the I-2-S (FF) to C-S (FF) to permit office/warehousing, approved. 89-Z-254; 8101 Rockville Road (includes subject site), requested the rezoning of 6.5 acres, being in the I-2-S/I-3-S (FP) Districts, to the C-S (FP) classification to allow for the development of an entertainment/retail center, approved. 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

Number of Trees to be planted to

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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EXHIBIT C

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View from site looking north at access drive

View looking east at Country Village Drive

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View looking northwest at abutting property to the north of site

View of site looking southwest

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View of site looking west

View of site looking northwest

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View of site (left) looking west

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PART VI

COMPANION PETITIONS RECOMMENDED FOR DENIAL BY THE HEARING EXAMINER, APPEAL FILED BY THE PETITIONER:

2019-ZON-122 / 6400, 6449, 6455, 6500, 6559, 6565, 6600 AND 6833 KENTUCKY 2020-VAR-001 AVENUE; 6700, 7700, 7924, 7944, 8002, 8032 AND 8210 CAMBY ROAD

(APPROXIMATE ADDRESSES) DECATUR TOWNSHIP, COUNCIL DISTRICT #20 HILLWOOD ENTERPRISES LLC, by J. Murray Clark Rezoning of 172.94 acres from the D-A, D-3, D-6II, C-1, C-3 and C-5 districts to the I-2 district. Variance of use of the Consolidated Zoning and Subdivision Ordinance to provide for C-3 uses; vocational, technical or industrial school or training facility; hotel, motel or hostel; and heavy general retail (not permitted).

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2019-ZON-122 / 2020-VAR-001 Address: 6400, 6449, 6455, 6500, 6559, 6565, 6600 and 6833 Kentucky Avenue; 6700, 7700, 7924, 7944, 8002, 8032 and 8210 Camby Road (approximate address) Location: Decatur Township, Council District #22 Petitioner: Hillwood Enterprises LLC, by J. Murray Clark Request: Rezoning of 172.94 acres from the D-A, D-3, D-6II, C-1, C-3 and C-5

districts to the I-2 district. Variance of use of the Consolidated Zoning and Subdivision Ordinance

to provide for C-3 uses: vocation, technical or industrial school or training facility; hotel, motel or hostel; and heavy general retail (not permitted).

RECOOMENDATIONS Staff recommends denial of these requests. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 173-acre site is composed of eleven tracts. The bulk of the site is used agriculturally, however the site includes single-family dwellings, offices, and retail establishments. It is surrounded by institutional, residential, industrial, commercial and agricultural uses (see “General Information). A 400-foot wide utility easement crosses the northern portion of the site from east to west. A 100-foot wide utility easement crosses the western half of the site from south to north.

With one exception, within the portion of Decatur Township outside Interstate 465, industrial uses have been restricted to the northwest side of Kentucky Avenue (State Route 67) and the Indiana Southern railroad. Commercial development has primarily occurred along Kentucky Avenue and in small nodes such as the historic town of West Newton. This has allowed residential areas to develop on the southeast side of Kentucky Avenue without the intermixing of inappropriately intensive land uses.

(Continued)

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STAFF REPORT 2019-ZON-122 / 2020-VAR-001 (Continued)

A cross-township arterial street that links the Southport Road bridge over White River to Kentucky Avenue and I-70 has been a planning goal for decades. This route has been partially accomplished by the construction of Ameriplex Parkway from I-70 to Kentucky Avenue. Various routes to connect Ameriplex Parkway to the Southport Road bridge have been proposed. The proposed route in the current Thoroughfare Plan extends southeasterly from the intersection of Ameriplex Parkway and Kentucky Avenue to the intersection of Mendenhall Road and Mills Road. From there, the proposed route proceeds along Mills Road before curving south to the intersection of Mooresville Road and Camby Road. From there it goes due east to connect into the Southport Road bridge. This route doesn’t border or go through the subject property but passes within 500 feet of the site. Land use planning in this area has taken the proposed thoroughfare into consideration.

Two significant planning processes have recently been conducted that include the subject site: the Decatur Township Comprehensive Land Use Plan and an Urban Land Institute Technical Assistance Panel. The Decatur Township Comprehensive Land Use Plan was adopted by the Metropolitan Development Commission in 2018 and is the official land use plan of record for Decatur Township. This means that it is the plan that, by state law, the MDC must “pay reasonable regard to.”

The Decatur Township Comprehensive Land Use Plan’s recommendation for the bulk of the site is “Village Mixed-Use.” Village Mixed-Use is a land use typology intended to create neighborhoods with a wide range of small businesses, housing types, and public facilities. This typology is intended to strengthen existing small-town centers as well as to promote new neighborhood centers. Businesses found in this typology serve adjacent neighborhoods, rather than the wider community. This typology is compact and walkable. This typology has a residential density of six to 25 dwelling units per acre.

The southwest corner of the site, and swaths along Camby Road and Percy Street are recommended in the plan as Suburban Neighborhood. Suburban Neighborhood is a land use typology that is predominantly made up of single-family housing, but is interspersed with attached and multifamily housing where appropriate. This typology should be supported by a variety of neighborhood-serving businesses, institutions, and amenities. Streets should be well-connected. This typology generally has a residential density of one to five dwelling units per acre.

This site is included in Critical Area 004 of the Plan. A Critical Area is a type of overlay that provides more detailed, custom guidance for proposed development.

(Continued)

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STAFF REPORT 2019-ZON-122 / 2020-VAR-001 (Continued)

Critical Area 004 is intended to support a mix of retail, offices, and residential uses with the goal of increasing the economic diversity of Decatur Township. Housing for all ages is a priority in this critical area. Development within this Critical Area should be master-planned, walkable suburbanism with a high degree of both vehicular and pedestrian connectivity. Buildings and landscaping should incorporate a high quality of design, and should act as a gateway for the township. This Critical Area should create a destination that draws consumers and employees from outside the surrounding community.

In addition to the uses found in the Village Mixed-Use typology, the following land uses are appropriate in this Critical Area:

Large-Scale Retailing

Large-Scale Offices

Hotel, Motel, or Hostel - Should be located along an arterial or collector street.

Light Industrial Uses - If significant development (such as, but not limited to, the estab-lishment of an economic development area, infrastructure improvements, or building construction) of the Critical Area does not occur within five years of adoption, light industrial uses are added as a recommended use. Individual buildings should be limited to a maximum footprint of 200,000 square feet. Aggregate footprint of light industrial buildings (not including research and production of high-technology or biotechnology-related goods) should be limited to a maximum of 40% of the aggregate square footage of all buildings in the critical area.

For all uses in this Critical Area, heights for buildings adjacent to residential typologies should provide a transition from the core of the area to the adjacent uses. In general, these buildings should be no more than 150% of the height of existing residential development or 35 feet, whichever is less.

REZONING

This petition would rezone 172.94 acres from the D-A, D-3, D-6II, C-1, C-3 and C-5 districts to the I-2 district to provide for warehousing and distribution.

The site plan file dated December 5, 2019 shows three phases of development. Phase One in the southwest portion of the subject property contains two buildings of 229,041 square feet and 235,200 square feet. Phase Two in the central portion of the site contains four buildings ranging in size from 190,400 square feet to 285,794 square feet. Phase Three on the eastern portion of the subject site is the area that abuts the Camby Wood subdivision. Development in this area is shown as “to be determined.” The square footage of the six buildings shown in the site plan totals 1,406,035 square feet.

Of the 173 acres in this request, 155 acres were included in zoning petition 2015-ZON-035. That petition requested rezoning to the I-2 classification to provide for approximately 2,200,000 square feet of warehouse/distribution buildings. That petition was denied by the MDC.

(Continued)

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STAFF REPORT 2019-ZON-122 / 2020-VAR-001 (Continued)

Since the denial of petition 2015-ZON-035, 52 additional lots have been platted in the Camby Woods subdivision and houses have been built. The persons investing in this real estate and in these homes had a reasonable expectation, based on the Comprehensive Plan, that the subject property would be developed as either a suburban neighborhood or as a mixed-use village and not as an industrial park.

The proposed development fulfills neither the official Comprehensive Land Use Plan nor the unofficial ULI proposal.

The request fails to the meet the Comprehensive Land Use Plan in the following ways:

Does not meet the proposed Village Mixed-Use and Suburban Neighborhood land use recommendations

Allows, but does not commit to, the additional land uses provided for in the Critical Area text: Large-scale Retailing, Large-scale Offices and Hotel, Motel or Hostel.

Prematurely requests the Light Industrial land use that the Critical Area Plan does not recommend until 2023.

Vastly exceeds the extent of the premature land use by proposing 100% of the property for that land use instead of 40%.

Exceeds the size of building for the premature land use for five of the six proposed buildings.

Whether or not the Comprehensive Plan’s proposal of Village Mixed-use is viable in the short-term and whether or not the Plan’s other recommendations have been slow in developing, the significant deviation proposed by this petition would be not warranted. Land development occurs at varying rates over time. Inappropriate development of high intensity uses that are contrary to Plan recommendations can severely impact the ability of planned lower-intensity uses to reach their full potential and can isolate and degrade existing land uses.

Because the request would be significantly inconsistent with the plans for the area, staff recommends denial of this petition.

URBAN LAND INSTITUTE STUDY

The Urban Land Institute Technical Assistance Panel conducted a charrette that was concerned with central Decatur Township from the Kentucky Avenue/Ameriplex Parkway intersection south to Mooresville Road. This charrette was conducted over two days and developed preliminary findings. Finalized findings have not been submitted. The charrette findings have not been adopted by the MDC and are not the official land use plan of record, so there is no obligation on the part of the MDC to consider these findings.

(Continued)

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STAFF REPORT 2019-ZON-122 / 2020-VAR-001 (Continued)

The ULI proposal envisions a new street running from the intersection of Camby and Reynolds roads and angling north-northeast to the proposed cross-township road. To the east of this road and including roughly the eastern one-third of the subject site, the proposal depicts senior living and medical uses. This is the area in closest proximity to the Camby Woods subdivision. To the west of the proposed street, the proposal depicts a large commercial node at the intersection of Kentucky Avenue and Ameriplex Parkway. This node includes the northernmost portion of the subject site. The remainder of the subject site is depicted as Office Flex/Light industry.

The request fails to the meet the Urban Land Institute proposal in the following ways:

Allows, but does not commit to, commercial uses on the northern portion of the site.

Doesn’t provide for senior living or medical uses on the eastern portion of the site. VARIANCE

This variance would permit a set of land uses in addition to those allowed by the I-2 classification for a 19-acre portion of the 173-acre subject site. This represents 11% of the site. Of the 19 acres, roughly one-third are within the airport electrical easement. The additional land uses are:

All C-3 uses

Vocational, technical or industrial school or training facility

Hotel, Motel, or Hostel

Heavy General Retail.

The C-3 District is intended for the development of an extensive range of retail sales and personal, professional and business services required to meet the demands of a fully developed residential neighborhood, regardless of its size.

Vocational, technical or industrial schools and training facilities are permitted by right in the I-2 district, so permitting them by variance is redundant.

Heavy General Retail is defined in the ordinance as establishments not included in light general retail that are engaged in offering or selling goods or merchandise to the general public for personal or household consumption that are large in size and typically weigh more than 75 lbs. The establishment may sell products that often require special delivery or delivery directly from the site. The establishment typically draws from a wide area and may also render services incidental to the sale of such goods. The establishment typically buys goods for resale to the public. This definition includes uses such as garage and outbuilding sales; gravestones and monuments; furniture; flea market; tool leasing; appliance store; flooring; playground equipment; air conditioner sales; hot tub sales; gymnasium equipment sales; swimming pool sales; building materials and garden supplies; home improvement store/center; hospital and sick room sales; lumber and other building materials; garden shop, nursery; and lawn and garden supply stores.

(Continued)

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STAFF REPORT 2019-ZON-122 / 2020-VAR-001 (Continued)

The variance would allow for these uses, but does not commit to any of them being established.

Because the variance does not meaningfully mitigate the request’s inconstancy with land use plans for the site, Staff recommends denial of this petition.

TRAFFIC IMPACT STUDY (TIS)

A traffic impact study for the proposed development was submitted. The study specifically examined two existing and three proposed intersections. The study did not consider a potential intersection of Kentucky Avenue and Trotter Road. Since the time the Traffic Impact Study was submitted the site plan has been modified to remove the Middle Access Drive and change the South Access Drive to a right-in, right-out intersection.

One of the existing intersections studied was Kentucky Avenue and Camby Road. The TIS found that “No improvements are needed at this intersection to accommodate the future traffic from the proposed development.”

The other existing intersection studied was Kentucky Avenue and Ameriplex Parkway. The TIS recommended two improvements to mitigate current traffic conditions:

Restriping of the eastbound approach (Ameriplex Parkway) to provide a dedicated left-turn lane and two right-turn lanes.

Signal modification to allow for permitted/overlap phasing for eastbound right-turn lanes.

With these two improvements, plus optimizing traffic signal timings, the TIS reported that the intersection is “anticipated to accommodate background traffic and full build-out of the proposed development.”

The three proposed intersections examined in the Study would be entrances into the subject site, referred to in the study as the South, Middle and North Access Drives.

The South Access Drive was proposed to be constructed with two outbound lanes and at least one inbound lane with a stop sign on the outbound lanes. A median cut was proposed on Kentucky Avenue with a southbound left-turn lane as well as a northbound right-turn lane. The TIS reports that although the intersection as a whole would provide a satisfactory level of service upon full buildout of the site. However, the TIS reports that the left turn lane from Kentucky Avenue onto the South Access Drive would operate at a Level of Service F during the morning peak, which means that vehicles in this lane will have an unacceptable wait to turn. At this location, the wait is a function of having to cross the heavy and fast traffic northbound on Kentucky Avenue.

The Middle Access Drive was proposed as one outbound land and at least one inbound lane. No median cut was proposed on Kentucky Avenue. The TIS reports that this intersection would provide a satisfactory level of service upon full buildout of the site.

(Continued)

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STAFF REPORT 2019-ZON-122 / 2020-VAR-001 (Continued)

The North Access Drive is proposed as two outbound lanes and at least one inbound lane. A median cut is proposed on Kentucky Avenue with southbound left-turn lane as well as a northbound right-turn lane. A traffic light is proposed at this intersection. The TIS reports that with the provision of a traffic light, this intersection would provide a satisfactory level of service upon full buildout of the site. Without the provision of a stoplight, this intersection would operate at a Level of Service F for outbound traffic during both the morning and afternoon peaks. It would also operate at a Level of Service f for the southbound, left-turn movement during the morning peak. A Level of Service F means that vehicles in these lanes will have an unacceptable wait to turn.

GENERAL INFORMATION EXISTING ZONING, CONTEXT AREA, AND LAND USE D-A Metro Agriculture, Single-family dwellings D-3 Metro Agriculture D-6II Metro Agriculture, Undeveloped land C-1 Metro Undeveloped land C-3 Metro Office C-3 Metro Commercial SURROUNDING ZONING AND LAND USE North D-5, C-1, C-3, and C-5 Agriculture, Undeveloped land, Single- family dwelling, Commercial South D-A and D-3 Single-family dwellings, Agriculture, Post office East D-A and D-3 Single-family dwellings, Undeveloped land West C-5, C-S, I-2 and SU-7 Undeveloped land, Industrial, Utility, Group living COMPREHENSIVE LAND USE PLAN The Decatur Township Comprehensive Plan

(2018) recommends village mixed-use and suburban neighborhood. The site is also in Critical Area 004.

THOROUGHFARE PLAN Kentucky Avenue is classified in the Official

Thoroughfare Plan for Marion County, Indiana as primary arterial, with a 175-foot existing right-of-way and a 175-foot proposed right-of-way.

Camby Road is classified in the Official Thoroughfare Plan for Marion County, Indiana as primary arterial, with a 30-foot existing right-of-way and an 80-foot proposed right-of-way.

(Continued)

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STAFF REPORT 2019-ZON-122 / 2020-VAR-001 (Continued) Percy Drive is classified in the Official Thoroughfare Plan for Marion County, Indiana as a local street, with a 50-foot existing right-of-way and a 50-foot proposed right-of-way. Ameriplex Parkway is classified in the Official Thoroughfare Plan for Marion County, Indiana as a primary arterial, with no existing right-of-way and a 119-foot proposed right-of-way. Trotter Road is unbuilt as it abuts the subject property. It is classified in the Official Thoroughfare Plan for Marion County, Indiana as a primary collector, with a 50-foot existing right-of-way and a 91-foot proposed right-of-way.

FLOODWAY / FLOODWAY FRINGE This site is not located within a floodway or floodway fringe.

WELLFIELD PROTECTION DISTRICT This site is not located within a wellfield protection district. SITE PLAN File-dated February 13, 2020. ZONING HISTORY – SITE 2015-ZON-035; 6400, 6449, 6455, 6500, 6545 and 6565 Kentucky Avenue, 6700, 7700, 7924 and 8032 Camby Road and 6503 Mendenhall Road, requested rezoning of 155.03 acres from the D-A, D-3, D-5, D-6II, C-1, C-3 and C-5 districts to the I-2-S classification, denied. 2015-PLT-015; 7700 Camby Road, requested approval of a subdivision plat, dividing 44.93 acres into 141 lots, approved. 2005-ZON-186; 6600 and 6833 Kentucky Avenue and 8032 and 8210 Camby Road, requested rezoning of 43.5 acres from the D-A district to the C-5 classification, approved. 2004-ZON-170; 8222 Camby Road, requested rezoning of two acres from the D-A district to the C-1 classification, approved. 2004-ZON-044; 7700 Camby Road, requested rezoning of 20.579 acres from the D-A and D-3 districts to the D-6II classification, approved. 2003-PLT-847; 7500, 7550 and 7700 Camby Road, requested approval of a subdivision plat, dividing 74.745 acres into 269 lots with a waiver to not provide right-of-way for Ameriplex Parkway, approved.

(Continued)

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STAFF REPORT 2019-ZON-122 / 2020-VAR-001 (continued) 2004-VAR-847; 7500, 7550 and 7700 Camby Road, requested a variance of development standards of the Dwelling Districts Zoning Ordinance to not provide right-of-way for Ameriplex Parkway, withdrawn. 2004-ZON-044; 7700 Camby Road, requested rezoning of 3.773 acres from the D-A district to the D-3 district, approved. 2003-PLT-069; 7500, 7550 and 7700 Camby Road, requested approval of a subdivision plat, dividing 74.74 acres into 269 lots, withdrawn. 98-V2-101; 6545 and 6559 Kentucky Ave, requested a variance of development standards of the Sign Regulations to allow a business identification sign in a dwelling district; approved. 97-UV2-57; 6545 Kentucky Ave, requested a variance of use of the Dwelling Districts Zoning Ordinance to provide for office use, approved. ZONING HISTORY – VICINITY 2019-ZON-036; 8900 Mooresville Road, requested rezoning of 121.1 acres from the C-4 and C-S districts to the C-S classification to provide for all Manufacturing, Research and Development, Utilities, Wholesale Distribution uses permitted by the I-1 District; all Group Living, Community, cultural and Educational Facilities, and Office Uses permitted in the C-1 district; Vocational, Technical or Industrial Training School or Training Facility; Hospital; Animal Care, Boarding and Veterinary Services; Farmer’s Market; Artisan Food and Beverage; Business, Home and Personal Services or Repair; Bar or Tavern; Eating Establishment or Food Preparation; Indoor Recreation and Entertainment; Indoor Spectator Venue; Hotel or Motel; Department Store; Grocery Store; Liquor Store; Light and Heavy General Retail; Automobile and Light Vehicle Wash; Automobile Fueling Station; Automobile, Motorcycle, and Light Vehicle Service or Repair; Commercial Parking Lot; Transit Center; and Recycling Station and the following accessory uses: wireless communications facility; game courts; outdoor storage; temporary outdoor display and sales; outdoor seating and patio; recycling collection point; renewable energy facility, solar, geothermal or wind; satellite dish antenna; signs; temporary construction yard, office or equipment storage; temporary outdoor event; and outside vending machines/self-serve kiosk, denied. 98-CP-33Z; 6702 and 8602 Kentucky Avenue, 5101 and 5212 Stanley Road, 8402 West Thompson Road, 8133-8211 and 8241 Milhouse Road and 6035-6103 Flynn Road, requested rezoning of 152.8 acres from the C-S, D-A, and D-4 districts to the C-S classification to provide for a mixed use advanced technology and commerce park, approved. 98-CP-33Z; 6702 and 8602 Kentucky Avenue, 5101 and 5212 Stanley Road, 8402 West Thompson Road, 8133-8211 and 8241 Milhouse Road and 6035-6103 Flynn Road, requested a variance of development standards of the Commercial Zoning Ordinance to provide for alternative development standards, approved

(Continued)

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STAFF REPORT 2019-ZON-122 (Continued) 95-Z-149; 5950 Kentucky Avenue, requested the rezoning of 1,217.24 acres from the D-A, D-3, I-2-S, I-3-s and I-4-S districts to the C-S classification to provide for a mixed use advanced technology and commerce park, approved. klh

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STAFF REPORT 2019-ZON-122 Location Map

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STAFF REPORT 2019-ZON-122 Aerial Photograph (2019)

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STAFF REPORT 2019-ZON-122 Decatur Township Comprehensive Land Use Plan

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STAFF REPORT 2019-ZON-122 Urban Land Institute proposal

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STAFF REPORT 2019-ZON-122 Site Plan

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STAFF REPORT 2019-ZON-122 Elevation

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STAFF REPORT 2019-ZON-122 Hearing Examiner Memorandum

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PART VII

COMPANION PETITIONS RECOMMENDED FOR APPROVAL BY THE HEARING EXAMINER, APPEAL FILED BY A REMONSTRATOR: 2019-CZN-852 / 6201-6215 NORTH COLLEGE AVENUE (APPROXIMATE ADDRESSES) 2019-CVR-852 WASHINGTON TOWNSHIP, COUNCIL DISTRICT #2

MIDTOWN DEVELOPMENT PARTNERS LLC, by Michael Rabinowitch Rezoning of 0.66 acre from the D-5 (FF) district to MU-2 (FF) district. Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a 77-foot tall five-story and four-story mixed-use building, with a zero-foot south front setback from 62nd Street, a zero-foot north side transitional yard, within the clear sight triangle of the abutting streets and alley and 49 parking spaces (35-foot height, five-foot front setback, 12-foot front transitional setback, 15-foot side transitional setback, structures not permitted within the clear sight triangle, 153 parking spaces required).

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2019-CZN-852 / 2019-CVR-852 Address: 6201-6215 North College Avenue (Approximate Address) Location: Washington Township, Council District #2 Petitioner: Midtown Development Partners LLC, by Michael Rabinowitch Request: Rezoning of 0.66 acre from the D-5 (FF) district to MU-2 (FF) district.

Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a 77-foot tall five-story and four-story mixed-use building, with a zero-foot south front setback from 62nd Street, a zero-foot north side transitional yard, within the clear sight triangle of the abutting streets and alley and 49 parking spaces (35-foot height, five-foot front setback, 12-foot front transitional setback, 15-foot side transitional setback, structures not permitted within the clear sight triangle, 153 parking spaces required).

ADDENDUM FOR MARCH 4, 2020, METROPOLITAN DEVELOPMENT COMMISSION These petitions were heard by the Hearing Examiner on February 13, 2020. After a full hearing the Hearing Examiner recommended approval of both the rezoning and variance requests. Subsequently, the remonstrator filed an appeal of the Hearing Examiner’s decision. A memorandum of her recommendation is attached. February 13, 2020 RECOMMENDATIONS Staff recommends approval of the requests, subject to substantial compliance with the site plan and elevations file-dated January 28, 2020. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 0.66-acre site, zoned D-5 (FF), is comprised of four parcels developed with single-family dwellings that have been converted to commercial uses. It is surrounded by multi-family dwellings to the north, zoned D-5 (FF); commercial office uses to the south, across East 62nd Street, zoned C-1 (FF); commercial uses to the east, zoned C-3 (FF) and MU-2 (FF); and commercial uses to the west, across North College Avenue, zoned C-1 (FF).

(Continued)

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STAFF REPORT 2019-CZN-852 / 2019-CVR-852 (Continued) REZONING ◊ This request would rezone the site from the D-5 District to the MU-2 classification to provide for

mixed-use redevelopment. “The MU-2 District is intended to accommodate a mix of residential uses, offices, personal services, retail, and eating & drinking businesses that typically do not draw customers from beyond their neighborhood boundaries and do not generate substantial vehicle traffic. The corridor development pattern of the MU-2 district is neighborhood-focused; supportive of safe, vibrant pedestrian activity; and offers additional housing options. Application of the MU-2 district is for use in older urban commercial areas that are located adjacent to established residential neighborhoods extending along segments of primary and secondary thoroughfares. It can also be used in newer areas to replicate those building patterns found in older parts of the city. In order to perform its neighborhood focus, floor areas are restricted, auto-related uses minimized, and building details and other similar amenities are scaled to the pedestrian.”

◊ The proposed development would provide for 53,419 square feet, plus a roof deck of 617

square feet of office uses in the northern building and 28,173 square feet of dwelling units (24 dwelling units) in the southern building, with 5,106 square feet of office uses on the first floor of this building. Fifty-one parking spaces would be provided on the lower level.

◊ The Envision Broad Ripple Village Plan recommends urban mixed-use. “This land use

category consists of existing areas of densely developed, pedestrian oriented, mixed-use (primarily commercial), development within the historic central city and first generation suburban areas of Indianapolis. The development pattern varies from location to location but typically includes multi-story buildings located at or near rights-of-way, with entrances and large windows facing the street. Parking is typically within, to the side, or to the rear of buildings. Original building uses were retail and services on the ground floor with offices or apartments on subsequent floors. Future development in these areas should maintain the historic fabric of the existing development.”

◊ The Village Plan further provides that “within the urban mixed-use area, the uses are typically

mixed within buildings” and “potential development should focus on design issues related to architecture, building size, parking, landscaping and lighting. . . . .typical strip commercial development, large-scale freestanding retail uses and heavy industrial development are generally inappropriate within this land use categories.”

◊ Staff supports the rezoning because it would be consistent with the Village Plan

recommendation of urban mixed-use and the Red Line Transit Oriented Development Strategic Plan as identified below.

(Continued)

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STAFF REPORT 2019-CZN-852 / 2019-CVR-852 (Continued) ◊ The Red Line Transit Oriented Development Strategic Plan identifies this site as being within

the ¼ mile walk of the transit station at College Avenue and Broad Ripple Avenue with a District Center typology that is “located at the center of regionally significant districts with several blocks of retail or office at their core. Development opportunities include infill and redevelopment, dense residential, employment near transit stations, neighborhood retail and a focus on walkability and placemaking.”

◊ The District Center typology has the following characteristics:

• Walkable areas of multiple city blocks, serving as cultural and commercial hubs for multiple

neighborhoods • Mix of office, retail, entertainment, and residential with higher densities at center desired • Off-street parking is discouraged and should be limited to garages • Aspire to a minimum of 15 Dwelling Units per Acre at the core of the station area • Aspire to a minimum of 3-story buildings at the core of the station area VARIANCE OF DEVELOPMENT STANDARDS ◊ The request would provide for five variance requests related to building height, setbacks and

parking. ◊ The Village Plan also provides design guidelines for the review of future zoning and variance

petitions. Design elements to be considered include: • Building height, minimum and maximum • Setbacks and build-to lines • Streetscapes (sidewalk width, parking, landscaping) • On-site parking • Building entrance orientation • Fenestration/transparency • Rooflines • Driveways ◊ “The design elements pertinent to any particular parcel are based on the type of street the

parcel fronts. The streets in the village vary in how they look and function. Design elements should be applied in different manners based on the type of street frontage. The village streets were analyzed and then each one was classified into one of eight frontage typologies.”

◊ This site is identified with the Main Street typology with the following design elements:

(Continued)

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STAFF REPORT 2019-CZN-852 / 2019-CVR-852 (Continued) Use, height and setbacks

Frontage Typology

Allowed Uses Permitted Street Level Uses

Building Height

Required Build Line (RBL)

Required Setback

Main Street Corridor

Retail, Personal Services, Entertainment, Restaurant, Tavern, Offices, Residential

All allowed uses, except residential

Minimum: 25 feet and 2 stories. Maximum: 40 feet or 4 stories, whichever is the lesser

RBL – Yes Front Setback Min:5 ft. Max: 15 ft.

Rear Min: 10 ft. Side: Min: 0 ft. Max: 10ft

Access, facades and parking

Frontage Typology

Entrance Frontage Face of Building

On-Site Parking Driveways

Main Street Corridor

Primary Entrance(s) required from the frontage

Transparency at Ground Level Min: 40% Max: 85% Upper Level(s) Min: 25% Max: 60%

Not Required Permitted only behind a building in rear yard with alley access

Not permitted between College Avenue and Monon Trail. Only alley access permitted. Permitted east of Monon

◊ Original documents provided for 77-foot tall, five-story and a four-story mixed-use buildings

when the Ordinance permits a 35-foot height and the Village Plan recommends a 40-foot height or four stories, whichever is the lesser. Amended documents, file-dated January 28, 2020, eliminates one story on the five-story mixed-use building, thereby decreasing the maximum height to 62 feet ¾ inch and resulting in two four-story buildings and a reduction of 17,000 square feet. While the height would exceed that recommended by the neighborhood Plan and the Ordinance, it would be an acceptable deviation given the nearby transit stop and support of transit-oriented development

◊ Because of the impact of a 62+-foot tall building, staff requested a shadow study to determine

the degree to which the proposed building would cast a shadow on adjacent buildings. That study was submitted on February 5, 2020, but does not include the fall equinox. See Exhibit B.

◊ The impact of shadows cast by the proposed 62+-foot tall building would be less impactful than

the shadows cast by the originally proposed 77-foot tall building.

(Continued)

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STAFF REPORT 2019-CZN-852 / 2019-CVR-852 (Continued) ◊ The request would provide for a zero-foot south front setback from 62nd Street when the

Ordinance requires a five-foot front setback and the Village Plan recommends a five-foot front setback. Even though a zero-foot setback would not be consistent with the Ordinance and the Plan, a landscape buffer would be provided within the right-of-way to soften the impact of a four-story building.

◊ The request would provide for a seven-foot north side transitional yard that decreases to four

feet at the eastern boundary when the Ordinance requires a 15-foot side transitional setback. The original documents provided for a zero-foot north side setback. Staff believes the increase of the north side setback would be supportable because it would provide space for a landscape buffer and / or fencing.

◊ The request would provide for a building encroachment into the clear-site triangle when the

Ordinance prohibits structures within the clear sight triangle. Staff believes this would be a reasonable encroachment into the clear sight triangle without compromising the safety of pedestrians and vehicles.

◊ Finally, the request would provide for 51 parking spaces when 173 parking spaces, without

reductions would be required. A 30% reduction would be permitted if located within ¼ mile of a transit station, which would be a reduction of 52 parking spaces or 121 required spaces. With the 51 spaces provided on-site this would result in a requested reduction of 71 parking spaces. However, the nearby parking garage to the west of the site, has agreed to provide up to 80 parking spaces. See Exhibit C.

Floodway / Floodway Fringe

This site has a secondary zoning classification of a Floodway (FW) and Floodway Fringe (FF). 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 Floodway Fringe (FF) is the portion of the regulatory floodplain that is not required to convey the 100-year frequency flood peak discharge and lies outside of the floodway.

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.

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 (MU-2) in this request) are permitted, subject to certain development standards of the Flood Control Districts Zoning Ordinance.

(Continued)

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STAFF REPORT 2019-CZN-852 / 2019-CVR-852 (Continued) GENERAL INFORMATION EXISTING ZONING AND LAND USE

D-5 Commercial uses

SURROUNDING ZONING AND LAND USE

North - D-5 Multi-family dwellings South - C-1 Commercial office East - C-3 / MU-2 Commercial uses / commercial office West - C-1 Commercial uses

COMPREHENSIVE PLAN The Envision Broad Ripple Village Plan (2012) recommends urban mixed-use. The site is also located within Critical Area Two.

The Red Line Transit Oriented Development Strategic Plan (2015) identifies the transit stop at College Avenue and Broad Ripple Avenue as a District Center.

THOROUGHFARE PLAN This portion of North College Avenue is designated in the Marion County Thoroughfare Plan as a local street, with an existing 85-foot right-of-way and a proposed 78-foot right-of-way.

This portion of East 62nd Street is designated in the Marion County Thoroughfare Plan as a local street, with an existing 50-foot right-of-way and a proposed 48-foot right-of-way

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

FLOODWAY / FLOODWAY FRINGE

This site is located within a floodway or floodway fringe of White River.

SITE PLAN

SITE PLAN (AMENDED)

File-dated November 26, 2019

File-dated January 28, 2020

ELEVATIONS

ELEVATIONS (AMENDED)

File-dated November 26, 2019

File-dated January 28, 2020

(Continued)

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STAFF REPORT 2019-CZN-852 / 2019-CVR-852 (Continued) ZONING HISTORY 2018-CZN-851 / 2018-CVR-851; 6201, 6207, 6211, 6215 North College Avenue; and 6202, 6214, 6216 and 6220 Carrollton Avenue, requested rezoning of 1.465 acres from the D-5 (FF), C-3 (FF) and MU-2 (FF) districts to the C-S (FF) district to provide for a mixed-use development with multi-family units and commercial space; a variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a 75-foot tall mixed-use building, with zero-foot front and front transitional yards without landscaping along College Avenue, 62nd Street and Carrolton Avenue; and a vacation of the first north-south alley, east of College Avenue, being 15 feet wide, from the north right-of-way line of 62nd Street being the southeast corner of Lot 14 of Stewart’s 2nd College Avenue Addition, withdrawn 2002-UV3-003; 6207 North College Avenue, Variance of use of the Dwelling Districts Zoning Ordinance to provide for a beauty salon within an existing 1,393.26 square foot single-family dwelling, granted. 2000-UV3-042; 6207 North College Avenue (north of site), variance of use of the Dwelling Districts Zoning Ordinance to provide an office within an existing single-family dwelling, granted. 90-UV3-21, 6201 Carrollton Avenue (east of site), requested variance of use of the Dwelling Districts Zoning Ordinance and a variance of development standards of the Sign Regulations to permit attorneys’ offices, with sign, in an existing single-family residence; approved. VICINITY 2010-UV1-024; 6201 North College Avenue (west of site), requested a variance of use of the Dwelling Districts Zoning Ordinance to provide for a tanning, esthetician, massage therapy and hair salon services (not permitted), with off-street parking provided and a previously approved ground sign, granted. 2008-UV1-010, 6201 North College Avenue (west of site); variance of use of the Dwelling Districts Zoning Ordinance to provide for an antique store, granted. 2004-UV3-003, 6201 North College Avenue (west of site); variance of use of the Dwelling Districts Zoning Ordinance and a variance of development standards of the Sign Regulations to provide for a 1,942-square foot administrative office with a four-foot tall, eighteen-square foot ground sign with a four-foot setback from the existing right-of-way of College Avenue and a six-foot setback from the existing right-of-way of East 62nd Street, with off-street parking provided, granted.

(Continued)

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STAFF REPORT 2019-CZN-852 / 2019-CVR-852 (Continued) 2009-UV1-041, 6169 North College Avenue (north of site); variance of use of the Dwelling Districts Zoning Ordinance and variance of development standards of the Sign Regulations to provide for a spa offering beauty and esthetic services, including make-up, facials, manicures, pedicures, therapeutic massage, hair styling, hair removal and the retail sale of beauty and health products and to provide for a three-foot tall, 14.01-square foot free-standing sign, with a 10.67-foot front setback (, and with off-street parking provided, granted. 2008-UV3-009, 6202 Carrollton Avenue (east of site); variance of use and development standards of the Commercial Zoning Ordinance and variance of development standards of the Sign Regulations to provide for use of the existing accessory parking lot as a commercial parking lot, with deficient maneuvering area and a deficient six-foot transitional setback along East 62nd Street and a 10-foot transitional setback along Carrollton Avenue and a variance of development standards of the Sign Regulations to provide for a ground sign with a 3.5-foot front setback from the right-of-way of East 62nd Street, granted. 2007-UV1-032, 6169 North College Avenue (north of site); variance of use of the Dwelling Districts Zoning Ordinance to provide for a clothing store, with costume and props rental, and a variance of development standards of the Sign Regulations to provide for a 24.75-square foot portable freestanding sign, granted. 2006-ZON-021; 6202 Carrollton Avenue (east of site), requested rezoning of 0.30 acre, from the D-5 District, to the C-3C classification to provide for a day spa and beauty salon, approved

2004-UV3-003, 6201 North College Avenue (west of site), requested variance of use of the Dwelling Districts Zoning Ordinance and a variance of development standards of the Sign Regulations to provide for a 1,942-square foot administrative office (not permitted) with a four-foot tall, eighteen-square foot pylon sign with a four-foot setback from the existing right-of-way of North College Avenue and a six-foot setback from the existing right-of-way of East 62nd Street (minimum fifteen-foot setback from the existing right-of-way required), and with off-street parking provided; approved. 2002-ZON/VAR-815, 6229-6235 Carrollton Avenue (east of site), requested rezoning of 0.21 acre from D-5 to C-3 to provide for neighborhood commercial uses, and a variance of development standards of the Commercial Zoning Ordinance to legally establish an 8,393.86 square foot, 18.66-foot tall commercial building with a 9.5-foot side transitional yard, without the required landscaping (minimum 21-foot landscaped side transitional yard required for buildings over 18 feet tall), and with nine off-street parking spaces (minimum 34 required), located within the required 10-foot front yard and three feet within the right-of-way of Carrollton Avenue (off-street parking not permitted within the required front yard or the right-of-way), and with the required maneuvering area located within the right-of-way of Carrollton Avenue (maneuvering area for required off-street parking not permitted within the right-of-way); approved.

(Continued)

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STAFF REPORT 2019-CZN-852 / 2019-CVR-852 (Continued) 2001-DV3-016; 6170 Carrollton Avenue (east of site), variance of development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a 576-square foot detached garage, with a one-foot side yard setback (minimum four-foot side yard setback required) in D-5, granted. 2000-ZON-028; 6280 North College Avenue (north of site), requested rezoning of 0.187 acre from the D-4 District to the C-4 classification to provide for expansion of a convenience store / gasoline station, with an associated carwash, approved. 95-Z-160; 6202-6230 North College Avenue (west of site), requested rezoning of 0.94 acre from the D-4 (FF) District to the C-1 (FF) classification to provide for an office, childcare and single-family residence, approved. 95-UV1-106; 6163 North College Avenue (south of site), variance of use of the Dwelling Districts Zoning Ordinance to legally establish a barber/hair styling shop in an existing residential structure and a variance of development standards of the Sign Regulations to permit an existing 3.5 by 4.75 foot ground sign (not permitted), granted. 86-Z-274; 6232 North College Avenue (north of site), requested rezoning of 0.18 acre from the D-4 District to the C-1 classification to provide for a veterinary office, approved. 81-UV3-12, 6201 Carrollton Avenue (east of site), requested variance of use to permit use of residence as advertising office with four employees, small logo sign on building; approved. 64-V-570, 6202 Carrollton Avenue (east of site), requested variance of front building line requirement to permit occupancy of the existing building for church purposes, with two pole signs ten feet from the front lot line, with off street parking provided; approved. kb *******

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EXHIBIT A Critical Area 2 Location: Broad Ripple Village Why critical: Broad Ripple originally developed as a distinct village. Over the years, the City of Indianapolis grew out to envelop it. To maintain Broad Ripple’s identity as a distinct place it has been designated as Urban Mixed-Use and Village Mixed-Use. To retain and enhance the village character of Broad Ripple and to promote its evolution into a self-sustaining pedestrian-oriented village it is critical to increase the population density, promote mixed-use development and enhance vitality of the streetscape. *Recommendations: • For land use recommendations for the village area see pages 29-33. • For development guidelines for the village area see pages 39-46. *See Main Street typology above.

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EXHIBIT B

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EXHIBIT C

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View of site looking southeast across North College Avenue

View of site looking east across North College Avenue and along East 62nd Street

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View of site looking west along East 62nd Street

View of site looking north across East 62nd Street

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View of site looking north across East 62nd Street

View of alley looking north across East 62nd Street

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View looking south across East 62nd Street at adjacent residential property

View looking south across East 62nd Street at adjacent commercial property

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View of site looking west from alley

View of site looking west from alley

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View of site looking west from alley

View from site looking south

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View from site looking southeast across alley

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PART VIII

COMPANION PETITIONS TRANSFERRED BY THE HEARING EXAMINER FOR INITIAL HEARING: 2019-CAP-855 / 1426 AND 1500 BROAD RIPPLE AVENUE (APPROXIMATE ADDRESSES) 2019-CVR-855 WASHINGTON TOWNSHIP, COUNCIL DISTRICT #2 BR HEALTH HOLDINGS LLC, By Aaron Hurt PK-1 Park District-One Approval to provide for an approximately 40,000-square foot

Family Center and associated parking, sidewalks, landscaping and signs. Variance of use of the Consolidated Zoning and Subdivision Ordinance to provide for a healthcare center (not permitted) within the proposed Family Center.

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2019-CAP-855 / 2019-CVR-855 Address: 1426 and 1500 Broad Ripple Avenue (approximate addresses) Location: Washington Township, Council District #2 Zoning: PK-1 Petitioner: BR Health Holdings LLC, by Aaron Hurt Request: Park District-One Approval to provide for an approximately 40,000-

square foot Family Center and associated parking, sidewalks, landscaping and signs.

Variance of use of the Consolidated Zoning and Subdivision Ordinance to provide for a healthcare center (not permitted) within the proposed Family Center.

An automatic continuance was filed by a registered neighborhood group, continuing this request from the February 5, 2020 hearing to the March 4, 2020 hearing.

RECOMMENDATIONS Staff recommends approval of these requests. SUMMARY OF ISSUES

The following issues were considered in formulating the recommendation:

LAND USE

Broad Ripple Park has been a City park since 1946. Prior to that time, it was the White City Amusement Park, known for its ornate carousel, roller skating rink, zoo, and exceptionally large swimming pool. Upon acquiring the property, the city removed the remaining amusement rides. The park was developed with a small community center, playground, new pool and bathhouse, and a dog park.

In 1986, the Broad Ripple Branch Library opened in the southwest portion of the park. At that time, the library site was rezoned from PK-1 to SU-37. SU-37 is an appropriate zoning district for libraries. The branch library continued in operation until 2003. The building was then repurposed as a family center. A recent land use petition, 2019-ZON-064, rezoned the library site back to PK-1 to reflect the site’s ongoing use as a park.

(Continued)

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STAFF REPORT 2019-CAP-855 / 2019-CVR-855 (continued) APPROVAL

The PK-1 approval request would provide for improvements to this portion of the park. The improvements include demolition of the existing family center, construction of an enlarged family center with a partner space, construction of associated parking, sidewalks and overlooks and retention of the existing boat dock.

The PK-1 District is a development plan district. No use, building or structure can be constructed or used on any land in a development plan district 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 the Ordinance.

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:

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 prodded. Sidewalks along eligible public street 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 proposed development is consistent with the Broad Ripple Park Master Plan, a segment of the Comprehensive Plan that was adopted by the Metropolitan Development Commission in August 2018. The master plan shows the construction of a large community center with a partner space, boat launch, river overlook and associated parking and sidewalks. The Master Plan states,

(Continued)

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STAFF REPORT 2019-CAP-855 / 2019-CVR-855 (continued)

“The engagement with the White River is the fundamental premise and inspiration for the proposed Family Recreation Center development. The building placement, views from the building, and the interaction of both indoor and outdoor spaces should revolve around engaging of the river. The building is envisioned to use extensive glass along the river’s edge to enhance the user experience. The proposed center includes a gymnasium, walking/jogging track, health and fitness areas, multi-purpose rooms, a café with a river’s edge terrace, adventure plan, support amenities, and the opportunity to collaborate in a Public/Private Partnership.”

The site plan shows pedestrian connections from the proposed developments to Broad Ripple Avenue, the existing 197-space parking lot, and the park’s other amenities.

Staff believes that the proposed development meets the standards of the development plan district and therefore supports approval of this request.

VARIANCE

The Indianapolis Consolidated Zoning / Subdivision Ordinance permits the following uses in the PK-1 district: Park, Playground or Greenway; and Wireless Communication Facility. The request would permit a healthcare center in a tenant space.

Broad Ripple Park serves a wide swath of northern and central Indianapolis as a hub for active recreation. Two large nearby parks, Holliday Park and Marott Park are both primarily passive parks. The nearest large active parks are Sahm Park, (a 6.5-mile drive), Northwestway Park (8 miles), Riverside Park (8.5 miles) and Douglass Park (6 miles). Through a public planning process, the Department of Parks and Recreation determined that to adequately serve the active recreation needs of the population of such a large area, an expanded family recreation center was warranted.

A healthcare facility is a reasonable tenant because of the similarity of the goals of parks and healthcare: the wellbeing of the population. In its Comprehensive Parks, Recreation and Open Space Plan (2018), Indy Parks states “Critical to the future vitality of Indianapolis is a parks system that can provide recreational opportunities, inclusive of all users, that promote physical and mental well-being, provide immaculate settings that create memorable experiences, and unite citizens in a positive, supportive, and fun environment.” Indianapolis-based Community Health Network is committed to “providing convenient access to exceptional healthcare services, where and when patients need them—in hospitals, health pavilions and doctor’s offices, as well as workplaces, schools and homes.”

(Continued)

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STAFF REPORT 2019-CAP-855 / 2019-CVR-855 (continued)

According to the proposed Plan of Operation, the healthcare facility would “provide primary care and other ambulatory related healthcare and wellness services out of its space at the Family Center to the community. The use of space will include patient examination and consultation areas, administrative offices and common area, conference rooms, multi-purpose rooms for educational and wellness programming as well as outpatient physical and speech therapy, and other ancillary medical uses customary in an outpatient location.”

The Plan of Operation also states that emergency department care and ambulance service would not be offered at this location.

The proposal healthcare facility would be 15,000 square feet. The healthcare facility and Indy Parks would share an additional 1500 square feet of program space. The square footage of the healthcare facility would make it secondary to the recreational component of the 40,000-square foot building.

GENERAL INFORMATION EXISTING ZONING, CONTEXT AREA, AND LAND USE

PK-1 Compact Park

SURROUNDING ZONING AND LAND USE

North - PK-1 Park, White River South - D-5 Single-family dwellings East - PK-1 Park West - D-P, PK-1 Mixed-use, Park

COMPREHENSIVE LAND USE PLAN

The Broad Ripple Park Master Plan (2018) recommends a variety of park and recreation uses, buildings and structures.

The Washington Township Comprehensive Land Use Plan (2018) recommends Park.

THOROUGHFARE PLAN This portion of Broad Ripple Avenue is indicated as a primary collector on the Official Thoroughfare Plan, with a 90-foot existing and proposed right-of-way.

ZONING HISTORY 2019-ZON-064; 1426 Broad Ripple Avenue, requested rezoning of 2.2 acres from the SU-37 district to the PK-1 district to provide for park uses, approved. 93-HOV-080; 1426 Broad Ripple Avenue, requested a variance of development standards of the Sign Regulations to provide for the placement of an incidental sign, approved.

83-Z-136; 1426 Broad Ripple Avenue, requested rezoning of 1.98 acres from the PK-1 District to the SU-37 classification to provide for a new branch library, approved. klh ****

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2019-CAP-855 / 2019-CVR-855; Location Map

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2019-CAP-855 / 2019-CVR-855 : Aerial Map (2019)

2019 Aerial Photo of Broad Ripple Park and its surroundings.

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2019-CAP-855 / 2019-CVR-855; Building Elevations

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2019-CAP-855 / 2019-CVR-855; Site Plan

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2019-CAP-855 / 2019-CVR-855; Photographs

Current Broad Ripple Park Family Recreation Center, formerly the Broad Ripple Branch Library

Entry drive from Broad Ripple Avenue, subject site to the right, current aquatic center in the center.

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Pedestrian entry from Broad Ripple Avenue.

Boat ramp into the White River.

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View south across Broad Ripple Avenue to the neighboring properties.

View west across the Family Recreation Center’s parking lot to the neighboring mixed-use building.

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PART IX

REZONING PETITION FOR INITIAL HEARING: 2019-ZON-128 1051 EAST 19TH STREET AND 1720 NORTH ALVORD STREET

(APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #17 BRANDON BART Rezoning of 2.12 acres from the I-3 district to the D-P district to provide for 37 single-family attached dwelling units at a density of 17.5 units per acre.

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2019-ZON-128 Address: 1051 East 19th Street and 1720 North Alvord Street (Approximate Addresses) Location: Center Township, Council District #17 Petitioner: Brandon Bart Request: Rezoning of 2.12 acres from the I-3 district to the D-P district to provide

for 37 single-family attached dwelling units at a density of 17.5 units per acre.

RECCOMMENDATION

Staff recommends approval of this request subject to the following commitment being reduced to writing on the Commission’s Exhibit “B” forms at least three days prior to the MDC hearing:

Prior to the issuance for an Improvement Location Permit, a copy of an executed agreement between the owner and the Hoosier Heritage Port Authority shall be submitted to the Administrator. The agreement shall permit the owner to clear the unused railroad right-of-way and then provide for the maintenance of the right-of-way thereafter in a brush-free, weed-free and trash-free manner by the owner or successors.

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

Aerial photography dating back to the late 1930s indicates that most of this two-acre site has been used industrially for most of that time.

Aerial photography also indicates that the area across Alvord Street to the east was a solid row of single-family dwellings in the late 1930s. By 2010, incremental demolitions had reduced the number of dwellings remaining on this block face to two. In the last five years, eleven new single-family dwellings and one two-family dwelling have been constructed on this block. Residential density on this block is now approximately 6.8 units per acre.

(Continued)

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STAFF REPORT 2019-ZON-128 (Continued)

Two railroad corridors were located along the western edge of the site. The westernmost rail corridor was redeveloped as the Monon Rail-Trail in the early 2000s. The subject site does not abut the Monon Rail-Trail. The eastern rail corridor, which does abut the site, is approximately 45 feet in width and is owned by the Hoosier Heritage Port Authority. This corridor has become overgrown with scrub while awaiting reuse.

Within the last five years, a mixed-use development has been established in the block to the south with 12,250 square feet of commercial space and 142 multi-family residential units. Residential density in this development is approximately 31 units per acre.

According to the petitioner, remediation of contamination from the site’s industrial and railroad history has been done.

The Comprehensive Land Use Plan recommends Village Mixed-Use for the properties lining the sides of the Monon Rail-Trail from the I-65 / I-70 interchange north to Fall Creek, including the subject property. This recommendation indicates a desire to shift from the industrial uses of the past to residential and small-scale commercial uses.

ZONING

The requested zoning district, D-P, was established for the following purposes: 1. To encourage a more creative approach in land and building site planning. 2. To encourage and efficient, aesthetic and desirable use of open space. 3. To encourage variety in physical development pattern. 4. To promote street layout and design that increases connectivity in a neighborhood and

improves the directness of routes for vehicles, bicycles, pedestrians, and transit on an open street and multi-modal network providing multiple routes to and from destinations.

5. To achieve flexibility and incentives for residential, non-residential and mixed-use developments which will create a wider range of housing types as well as amenities to meet the ever-changing needs of the community.

6. To encourage renewal of older areas in the metropolitan region where new development and restoration are needed to revitalize areas.

7. To permit special consideration of property with outstanding features, including but not limited to historical significance, unusual topography, environmentally sensitive areas and landscape amenities.

8. To provide for a comprehensive review and processing of development proposals for developers and the Metropolitan Development Commission by providing for concurrent review of land use, subdivision, public improvements and siting considerations.

9. To accommodate new site treatments not contemplated in other kinds of districts.

Petitions for the D-P district must include a preliminary site plan that identifies the locations and types of land uses and proposed layout of streets, open space, parking and other basic elements of the plan.

(Continued)

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STAFF REPORT 2019-ZON-128 (Continued)

Petitioners are encouraged to include standards for

Lot area;

Floor area;

Ratios of floor space to land area;

Open space;

Setback lines and minimum yards;

Building separations;

Height of structures;

Signs;

Off-street parking and loading space;

Design standards;

Phasing of development;

Bikeways and walkways; and

Landscaping.

The lay-out of the proposed development would include a row of attached single-family dwellings fronting Alvord Street. These residences would have attached garages accessed from a private street that would be constructed to the west of the homes and paralleling Alvord Street. The proposed development would also include a second row of attached single-family dwellings. This row would front the scrubby, unused rail right-of-way to the west of the site. These residences would have attached garages accessed from the same private street as the homes fronting Alvord Street.

The Consolidated Zoning and Subdivision Ordinance requires that single-family dwellings, whether detached or attached, be located with a public street frontage. The reasons for this are to provide for public health and safety by ensuring that dwellings are easily located and accessed by emergency vehicles, as well as deliveries, services and casual visitors. Public street rights-of-way also provide space for public utilities. Dwellings that front on a street provide for informal surveillance that makes for a safer street and safer homes on the street. Private streets frequently become a financial burden to the neighborhood homeowners in the future.

In 2017, a development fronting on the Monon Rail-Trail was approved in the block between 20th Street and 21st Street. This site differs from the subject site in that it fronts directly onto the Monon Rail-Trail.

In staff’s opinion, siting the western row of attached dwellings so that they front on a scrubby and unmaintained right-of-way would create an unsafe condition.

(Continued)

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STAFF REPORT 2019-ZON-128 (Continued)

The petitioner has provided a letter from the Hoosier Heritage Port Authority, the owner of the railroad right-of-way, stating that the Port Authority is willing to work with the petitioner on clearing and maintenance. Although this is a positive sign, it is too indefinite to allow staff to fully recommend approval of the site plan. Staff recommends that a commitment be made that prevents the issuance of an Improvement Location Permit from being issued until an executed agreement between the owner and the Port Authority concerning site clearing and future maintenance is submitted for Administrator’s Approval.

GENERAL INFORMATION EXISTING ZONING, CONTEXT AREA, AND LAND USE I-3 Compact Warehousing SURROUNDING ZONING AND LAND USE North MU-1 Undeveloped South MU-2 Multi-family dwellings East D-8 Single-family dwellings West I-3 Vacant rail right-of-way, Monon Rail-Trail, Metal working COMPREHENSIVE LAND USE PLAN The Center Township Comprehensive Plan (2018)

recommends Village Mixed-Use. THOROUGHFARE PLAN 17th Street is classified in the Official Thoroughfare Plan

for Marion County, Indiana as Local Street, with a 50-foot existing right-of-way and a 48-foot proposed right-of-way.

Alvord Street is classified in the Official Thoroughfare Plan for Marion County, Indiana as Local Street, with a 60-foot existing right-of-way and a 48-foot proposed right-of-way. 19th Street is classified in the Official Thoroughfare Plan for Marion County, Indiana as a Local Street, with a 50-foot existing right-of-way and a 48-foot proposed right-of-way.

FLOODWAY / FLOODWAY FRINGE This site is not located within a floodway or floodway fringe.

WELLFIELD PROTECTION DISTRICT This site is not located within a wellfield protection district. SITE PLAN File-dated February 19, 2020.

(Continued)

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STAFF REPORT 2019-ZON-128 (Continued)

ZONING HISTORY – SITE 95-UV1-37; 1802 – 1804 Alvord Street, variance of use to provide for automobile repair and a gravel parking area, approved. 94-UV3-112; 1714 – 1720 Alvord Street, variance of use to legally establish a social organization, approved. ZONING HISTORY – VICINITY 2019-CZN-850, 2019-CVR-850; 1118 East 19th Street (northeast of site), requested the rezoning of 0.1 acre from the C-3 district to the D-8 classification and to reduce the required front setback from 18 feet to twelve feet, approved. 2019-ZON-103; 1661 Cornell Avenue (southwest of site), requested the rezoning of 0.12 acre from the I-3 district to the D-8 classification, approved. 2015-CZN-835, 2015-CVR-835; 1102 East 16th Street (south of site), requested the rezoning of 4.5 acres from the I-3-U, D-8 and C-5 districts to the C-3C classification, and to provide for a reduced setback and reduction in the number of require parking spaces, approved. 2011-ZON-077; 1902 Alvord Street (north of site), requested rezoning of 2 acres from the I-3-U district to the C-2 classification, approved. 2006-ZON-085; 1115 East 19th Street (east of site), requested rezoning of 0.24 acre from the C-3 district to the D-8 classification, approved. klh

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STAFF REPORT 2019-ZON-128, Location

STAFF REPORT 2019-ZON-128, Aerial photograph (2019)

STAFF REPORT 2019-ZON-128, Site Plan

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STAFF REPORT 2019-ZON-128, Streetscape

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STAFF REPORT 2019-ZON-128, Development Statement

Monon Roots by Onyx+East

Development Statement 2.20.2020

Onyx and East is proposing to redevelop the property generally located at the west side of Alvord Street, between 17th and 19th Street with the Monon Trail running along the western property line. The property currently consists of 3 parcels covering 2.12 acres. The site is currently zoned as I3 – Medium Industrial District. The rezoning for the proposed redevelopment will consist of 37 residential, attached, single-family units. The vision of this redevelopment, known as Monon Roots, is to provide opportunities for new home ownership and private investment into the Monon 16 area. The Monon 16 area was designated the LIFT Indy winner in 2018 and has since sparked a large amount of redevelopment and investment into the Kennedy King and Hillside Neighborhoods. Since it’s LIFT designation, the neighborhood has seen much detached, single-family development and multi-family apartment development. New retail nodes along the 16th Street Corridor are forming in this area as new residents, both renters and homeowners, continue to move into the neighborhood. The proposed Onyx and East development will compliment other land uses and private investment in the area by offering a new product type and density that is currently lacking in the neighborhood. Land Use Plan Considerations Onyx + East proposes a townhome development for this block that is consistent with the applicable comprehensive plan recommendations of the Village Mixed-Use typology. The proposed development is also consistent with the following guidelines taken from the Marion County Pattern Book:

• 100% of the proposed development is covered by the Pattern Book’s Village of Mixed-Use typology.

• The proposed land use of single-family, attached residential is consistent with the recommended land uses identified in Village Mixed-Use.

• The proposed density of 17 units per acre is consistent with the Pattern Book’s Village Mixed-Use recommendation of 6 to 25 dwelling units per acre.

• The proposed development is within one-quarter mile distance to schools, playgrounds, libraries, public greenways, and similar recreational or cultural amenities as the Village Mixed-Use typology recommends.

• Although not all units have direct street frontage, all units within the proposed development will have first floor front doors with sidewalks that connect directly to the surrounding street’s pedestrian network.

The Proposed Development The proposed redevelopment represents an investment of $11.5 M dollars into the Monon 16 / Hillside Neighborhood area. The proposed development includes the following:

• 2-Story, Attached, Single-Family “Courtyard” Homes o 16 Total Units

▪ 8 Units at 2,025 SF ▪ 8 Units at 1,750 SF

o 2-3 Bedrooms

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o 2.5 – 3 Bathrooms o Private, Attached, 2-Car Garages for all units (32 Spaces) o Private Side Yards, “Courtyards”

o Optional Rooftop Decks on top of garage

o Estimated Pricing Ranging from $370,000 - $410,000

• 3-Story, Attached, Single-Family Townhomes o 21Total Units ▪ 6 Units at 1,270 SF

▪ 6 Units at 1,550 SF

▪ 5 Units at 1,823 SF

▪ 4 Units at 2,157 SF o 2-4 Bedrooms o 2.5 – 3 Bathrooms o Private, Attached, 2 Car Garages for all Units /1 Car Garages for 1,270 SF Units (36

Spaces) o 2nd Floor Front Balconies on Select Units o 4th Floor Rooftop Decks on Select Units o Estimated Pricing Ranging from $280,000 - $420,000

In addition to the new construction homes, the proposed site development and infrastructure will also include:

• New, on-street parking spaces added along the west side of Alvord Street

• On-Street Bump-Outs and landscaping for street beautification

• New sidewalks along the west side of Alvord Street

• Potential new sidewalk connections to the Monon Trail

• A new, internal, private alley to access all units

• Full length driveways for guest parking for the units with frontage along the Monon Trail (additional 34 Spaces)

All units will be conveyed as fee-simple units with the owners owning the land under their unit and having membership in a homeowners’ association established for maintenance of building exteriors, common areas, and greenspace of the development. Vehicular access is provided from 17th and 19th Street to an internal alley/drive that will provide access to the garage, trash, emergency services, and other utilities. Development Standards and Commitments 1. The project shall be constructed in substantial conformity with the site plan, landscape plan,

and building elevations filed for consideration and approval by the Metropolitan Development Commission at its meeting on March 4, 2020. All drawings and submitted materials identify proposed design standards including setbacks, landscaping, building heights, and building materials. Any substantial changes from the revised documents will be submitted to the Department of Metropolitan Development for approval.

2. Onyx+East will be responsible for naming and signing the proposed internal alley for the

purpose of addressing and providing clear directions for guests, deliveries, emergency services, and other potential visitors. The HOA established as part of this proposed

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development will be responsible for maintaining the internal alley and its respective private utilities.

Construction is expected to begin in Q2 of 2020. Sales are anticipated to begin by the end of 2020 with hopes of being complete by Q2 of 2022.

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STAFF REPORT 2019-ZON-128, Correspondence

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STAFF REPORT 2019-ZON-128, Photographs

View from the northwest corner of the site across the site towards Alvord Street.

View from the southeast corner of the site looking northwest to the site’s remaining industrial

buildings.

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View east down 17th Street. Subject property to the left. Recently constructed multi-family

complex to the right.

View from 19th Street south along the Monon Rail-Trail. Unused rail right-of-way immediately to

the left of the Monon Rail-Trail. Subject site to the left of that, with Alvord Street beyond.

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PART X

COMPANION PETITIONS FOR INITIAL HEARING: 2020-CPL-801 / 6701, 6751 AND 6801 ACTON ROAD (APPROXIMATE ADDRESSES) 2020-CZN-801 FRANKLIN TOWNSHIP, COUNCIL DISTRICT #25

THESSALONICA INC., by David A. Retherford Rezoning of 32.30 acres from the D-A district to the D-P district to provide for 16 lots, at a density of 0.495 units per acre, with access from a private drive. Approval of a Subdivision Plat to be known as Mossy Creek Farms, subdividing 32.30 acres into 16 lots, with a waiver of sidewalks along Acton Road.

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section

Case Number: 2020-CZN-801 / 2020-CPL-801 Address: 6701, 6751 and 6801 Acton Road (Approximate Address) Location: Franklin Township, Council District #25 Petitioner: Thessalonica Inc., by David A. Retherford Request: Rezoning of 32.30 acres from the D-A district to the D-P district to

provide for 16 lots, at a density of 0.495 units per acre, with access from a private drive.

Approval of a Subdivision Plat to be known as Mossy Creek Farms, subdividing 32.30 acres into 16 lots, with a waiver of sidewalks along Acton Road.

A timely automatic continuance was filed by a registered neighborhood organization continuing this petition from the March 4, 2020 hearing, to the April 1, 2020 hearing. This would require acknowledgement from the Hearing Examiner. kb *******

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PART XI

COMPANION PETITIONS FOR INITIAL HEARING:

2020-CZN-806 / 8451 SOUTH ARLINGTON AVENUE (APPROXIMATE ADDRESS) 2020-CPL-806 FRANKLIN TOWNSHIP, COUNCIL DISTRICT #25

J & T PROPERTIES PLUS LLC, by Russell L. Brown Rezoning of 20.754 acres from the D-A district to the D-P district to provide for single-family development with a total of 32 lots (including the existing single-family dwelling) at a density of 1.5 units per acre. Approval of a Subdivision Plat to be known as Stonecreek, dividing 20.754 acres into 31 lots and one out-lot, with a waiver of the requirement to provide for a second entrance in a subdivision with 30 lots or more.

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section

Case Number: 2020-CZN-806 / 2020-CPL-806 Address: 8451 South Arlington Avenue (Approximate Address) Location: Franklin Township, Council District #25 Petitioner: J & T Properties Plus LLC, by Russell L. Brown Request: Rezoning of 20.754 acres from the D-A district to the D-P district to

provide for single-family development with a total of 32 lots (including the existing single-family dwelling) at a density of 1.5 units per acre.

Approval of a Subdivision Plat to be known as Stonecreek, dividing 20.754 acres into 31 lots and one out-lot, with a waiver of the requirement to provide for a second entrance in a subdivision with 30 lots or more.

The petitioner’s representative will be requesting a continuance from the March 4, 2020 hearing, to the March 18, 2020 hearing. This would require a motion and vote. kb *******

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PART XII

MODIFICATION PETITIONS RECOMMENDED FOR APPROVAL BY THE HEARING EXAMINER, NO APPEAL FILED: 2020-MOD-001 7125 EAST 96TH STREET (APPROXIMATE ADDRESS)

LAWRENCE TOWNSHIP, COUNCIL DISTRICT #3 C-S VALVOLINE LLC, by Kelly Schweiterman Modification of Development Statement for 2000-ZON-017 to Modify Commitment Four to permit an oil change facility (automotive-related uses not permitted).

2020-MOD-002 9310 AND 9340 OTIS AVENUE (APPROXIMATE ADDRESSES)

LAWRENCE TOWNSHIP, COUNCIL DISTRICT #4 D-P ARCHVIEW PROPERTIES LLC, by Timothy E. Ochs Modification of Development Statement of 2007-ZON-046 as amended by 2013-ZON-066 to modify Sections 2.31 and 3.37 to provide for 20% of a building’s face along the required building line (80% of a building’s face required) to modify Sections 2.3.2 and 3.39 to provide for at-grade parking to the building’s public face along Otis Avenue (at-grade parking prohibited in front of the parking setback line, which must equal 50% of the length of the building from its public face to rear, excluding building projections such as porches), and to modify Section 2.11.4 of the Commitments to permit garbage or recycled material to be transported 500 feet to a community disposal receptacle (maximum distance of 450 feet permitted).

2020-MOD-003 1521 BROOKVILLE CROSSING WAY (APPROXIMATE ADDRESSES)

WARREN TOWNSHIP, COUNCIL DISTRICT #18 I-2 PLUMBERS, STEAMFITTERS & HVAC SERVICE TECHNICIANS LOCAL UNION NO. 440, by J. Zach Bode Modification of Commitments of 2002-ZON-037 to modify Commitment Four to retain the existing mature tree line and install the required six-foot tall fence, but not install the required six to eight-foot tall mound with two rows of staggered, six-foot tall evergreen trees at 20 feet on-center (100-foot buffer required along east 939.92 feet of the south property line).

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PART XIII

REZONING PETITIONS RECOMMENDED FOR APPROVAL BY THE HEARING EXAMINER, NO APPEAL FILED:

2019-ZON-117 11815 BROOKVILLE ROAD (APPROXIMATE ADDRESSES)

WARREN TOWNSHIP, COUNCIL DISTRICT #1 HENRY C. ONOCHIE Rezoning of 4.22 acres from the SU-9 district to the C-3 district.

2019-ZON-120 9500 EAST 16TH STREET (APPROXIMATE ADDRESS)

WARREN TOWNSHIP, COUNCIL DISTRICT #19 METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP, by Andrew Wert Rezoning of 0.83 acre from the D-2 district to the SU-2 district.

2019-ZON-121 6720 EAST RAYMOND STREET (APPROXIMATE ADDRESS)

WARREN TOWNSHIP, COUNCIL DISTRICT #18 METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP, by Andrew Wert Rezoning of 0.83 acre from the D-2 district to the SU-2 district.

2019-ZON-123 7530 WEST MOORESVILLE ROAD (APPROXIMATE ADDRESS)

DECATUR TOWNSHIP, COUNCIL DISTRICT #20 ROSEMARY SWIFT TRUST, by David Gilman Rezoning of 33.522 acres from the D-A district to the D-S district.

2019-ZON-126 7610 WEST COUNTY LINE ROAD (APPROXIMATE ADDRESSES)

DECATUR TOWNSHIP, COUNCIL DISTRICT #20 CONRAD FARM LLC, by Steven C. Robinson Rezoning of 5.287 acres from the UQ-1 district to the D-A district.

2020-ZON-003 1425 (REAR-EAST) SOUTH MICKLEY AVENUE (APPROXIMATE

ADDRESSES) WAYNE TOWNSHIP, COUNCIL DISTRICT #22 SEEDS OF HOPE INC., by Roger L. Kessler Rezoning of 0.55 acre from the SU-1 district to the SU-7 district to provide for a women’s semi-independent living addiction recovery facility.

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PART XIV

COMPANION PETITIONS RECOMMENDED FOR APPROVAL BY THE HEARING EXAMINER, NO APPEAL FILED: 2019-CZN-824 2502, 2506, 2520, 2522 AND 2525 EAST 56TH STREET (APPROXIMATE

ADDRESSES) WASHINGTON TOWNSHIP, COUNCIL DISTRICT #9 D-5 (W-5) GBV LLC II, by David Kingen and Justin Kingen Rezoning of 1.81 acres from the D-5 (W-5), I-1 (W-5) and I-2 (W-5) districts to the C-S (W-5) district to provide for restoration, service, storage and sales by internet or appointment only of classic autos on the south property; C-1 uses, MU-1 uses and event center (Gathering place for car clubs, public viewing of classic autos with art viewing only).

2019-CZN-839 960, 1002, 1006, 1010 AND 1014 BATES STREET AND 1001 EAST

GEORGIA STREET (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #16 GTR FINANCIAL LLC; LIBERTY REAL ESTATE OF INDIANA INC; AND JAMES YANAN by David Kingen and Justin Kingen Rezoning of 0.73 acre from the I-4 district to the D-8 district.

2019-CZN-848 227 WEST 42ND STREET (APPROXIMATE ADDRESS)

WASHINGTON TOWNSHIP, COUNCIL DISTRICT #7 CIRCLE CITY PROPERTY MANAGEMENT AND DEVELOPMENT LLC, by David Kingen and Justin Kingen Rezoning of 0.105 acre from the D-5 district to the D-8 classification.

2019-CZN-849 1630 NORTH MERIDIAN STREET (FRONTS ILLINOIS STREET) AND 1752 NORTH MERIDIAN STREET (FRONTS ILLINOIS STREET); (APPROXIMATE ADDRESSES)

CENTER TOWNSHIP, COUNCIL DISTRICT #11 ARROW STREET DEVELOPMENT, by Andi M. Metzel Rezoning of 1.71 acres from the C-4 and C-S districts to the MU-2 district to provide for multi-family development. within the clear sight triangle).

2019-CZN-859 1328, 1336, 1340, 1402, 1406, 1409, 1411, 1430, 1436, 1443 AND 1446 ROOSEVELT AVENUE; 1402, 1406,1410, 1414, 1420, 1422, 1423, 1427, 1431 AND 1435 DR. A J BROWN AVENUE; 1406 AND 1410 ARSENAL AVENUE;

1420 NEWMAN AVENUE (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #17 PURE DEVELOPMENT, by Brian J. Touhy Rezoning of six acres from the D-8, C-3 and C-S district to the C-S district to provide for a mixed-use development with retail, office, indoor recreation, restaurant and/or industrial uses permitted by the I-1 and I-2 districts.

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2019-CZN-860 8301 ROCKVILLE ROAD (APPROXIMATE ADDRESS) WAYNE TOWNSHIP, COUNCIL DISTRICT #15 KEN KNUCKLES Rezoning of four acres from the I-3 (FF) district to the C-4 (FF) classification.

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PART XV REGIONAL CENTER PETITION RECOMMENDED FOR APPROVAL BY THE REGIONAL CENTER HEARING EXAMINER, NO APPEAL FILED: 2019-REG-099 1630 NORTH MERIDIAN STREET (FRONTS ILLINOIS STREET) AND 1752 NORTH MERIDIAN STREET (FRONTS ILLINOIS STREET); (APPROXIMATE ADDRESSES)

CENTER TOWNSHIP, COUNCIL DISTRICT #11 ARROW STREET DEVELOPMENT, by Andi M. Metzel Regional Center Approval to provide for a multi-family residential development, consisting of two, five-story buildings with approximately 195 dwelling units, resident amenities, and 126 ground floor garage parking spaces