Board of Zoning Appeals

OF~J5 . Browns TOWN urg BOARD OF ZONING APPEALS Minutes Brownsburg Town Hall 61 North Green Street Brownsburg, Indiana 46112 Monday, May 9, 2022 The Brownsburg Board of Zoning Appeals convened at 6: 00 PM with a moment of silence and the Pledge of Allegiance. A roll call was taken; where upon determination of quorum was found. Members Present: Jeff Humphreys, Brett Scowden and Marlon Webb Members Absent: Maria Andrews and Stacey Risk Also Present: Jodi Dickey, AICP- Director of Development Services, Jenna Wertman, AICP- Senior Planner II, and Heather Wetzel- Administrative Assistant A. CALL TO ORDER AND DETERMINATION OF QUORUM B. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE C. CONSIDERATION OF PREVIOUS MEETING( S) MINUTES 1. April 11, 2022- Regular Meeting Motion: Brett Scowden made a motion to APPROVE the April 11, 2022 regular meeting minutes, seconded by Jeff Humphreys, motion carried 3 In Favor/ 0 Opposed/ 0 Abstained. D. APPROVAL OF FINDINGS OF FACT 1. BZSE- 22- 1 Main Street Self- Storage Expansion " Self- Storage Warehouse" 2. BZDV- 22- 1 Brownsburg Fire Territory Training Center Side Yard Setback Motion: Brett Scowden made a motion to APPROVE the Findings of Fact for BZSE- 22- 1 and BZDV- 22- 1, seconded by Jeff Humphreys, motion carried 3 In Favor/ 0 Opposed/ 0 Abstained. E. HEARING OF REQUESTS FOR CONTINUANCES 1. None F. CONTINUED PUBLIC HEARINGS 1. None F. OLD BUSINESS 1. None G. NEW BUSINESS 1. BZSE- 22- 2 Shelby Materials " Materials Recycling" A request for a Special Exception Use approval from Art. 5§ 5.81 SE- 01 Special Exception Standards as it applies to Art. 2§ 2. 39 to permit a " Materials Recycling" use within the High 1 of 4 Intensity Industrial { I2) District. Parcel No( s): 32- 08- 20- 400- 010. 000- 016 Represented by: Russell Brown, Clark, Quinn, Moses, Scott & Grahn ADVERTISED PUBLIC HEARING Jenna Wertman reviewed the Special Exception request for a Materials Recycling use in the I2 district. The subject property was located north of the Shelby Materials site and they were asking to use a portion of the site to store concrete materials until there were sufficient amounts to crush and recycle it into stone products to be sold. The surrounding areas were mix of High Intensity Industrial uses to the north, west and south and residential uses across Raceway Road to the east. Staff was recommending approval with conditions. Concrete would be stored on site until there was sufficient amount to crush. The crushing would place a few times per year and it would generally happen over the course of a few days until all product was crushed, which took a few days weather permitting. Crushing would occur during daytime business hours. There was a substantial buffer along the street frontage, both due to the adjacent residential and outdoor storage screening requirements. She reviewed the site plan and where they would store materials. There would be a 6' mound on Raceway with a unit value of 7 which exceeded the typical Industrial landscaping unit value of 3 or 4 because of the outdoor storage. They had provisions for a future entrance if the front of the site was developed. No other landscaping was required to the north, west or south because those were Industrial. There was a condition that limited the number of times per year the crushing could occur. There were provisions for weather that could extend the time. There were no restrictions on decibel levels or noise in Industrial districts but there was a general restriction on loud or excessive noises between 11pm and 7am. Staff recommend that activities be limited from 8am to 8pm. The applicant had stated that crushing would take place during normal business hours. Ms. Wertman reviewed the requirements for Special Exception approval. It was consistent with the zoning district. It would not be injurious to public health, safety, morals and general welfare. She noted it would have a significant amount of landscaping as it was being developed under the current code. It was in harmony with the adjacent land uses as three sides were Industrial with other heavier industrial uses. The landscape mound would add more harmony than any of the other uses in that area. It would be heavily landscaped and buffered from the residential properties to the east. It would not alter the character of the district as it was a continuation of an existing use. It would not substantially affect property value in an adverse manner as it was a continuation of an existing use and would have more buffering than surrounding properties. Staff recommended approval of the Special Exception with the following conditions: 1) On no more than four occasions in a calendar year, applicant will conduct the recycling process for the material stored on- site. The recycling process shall be considered complete when all material stored on- site has been crushed. Each recycling process is estimated to take seven to ten days of operation and is weather dependent. A recycling process will not be considered complete until all material stored on- site has been crushed. 2) Material crushing should generally occur in the daytime hours, beginning not before 8 a.m. nor extending past 8 pm. Russel Brown, Clark Quinn Moses Scott & Grahn appeared for the Applicant. He noted that the landscaping would be done with the initial construction and immediately create buffering for the residents to the east. Shelby will utilize the existing facility for entry and exit into the expansion and it will not create additional traffic onto Raceway Road. This would provide Shelby an opportunity to continue to utilize the site in a way that had been done over the years. He said the crushing activity was relatively quiet for industrial activity. Any dust could be managed. Mr. 2 of 4  Brown said they were in agreement with the Staff commitments. He said he had gotten a few calls from residents to the east who wanted to know that the use would be and if there would be a drive off Raceway Road. One call came from a nearby industrial owner who was in support. He felt they had met the criteria and asked for a favorable vote. Jeff Humphreys confirmed they were already doing that use on the current property. Randy Zentz, Zentz Consulting said they did some but it was not very efficient. Mr. Humphreys asked how the process worked and Mr. Zentz gave an overview of the recycling process of the concrete that was turned it into aggregates that could be used and recycled. Mr. Humphreys asked if the expansion would result in more noise, equipment or longer times. Mr. Zentz said it would not be any louder than current operations. The frequency of the crushing would go down but the duration would increase. The process normally took 7 to 10 days. They might work early on a Saturday but not on a Sunday. Brett Scowden asked about the front of the site and if they wanted the same use there. Ms. Wertman said the Special Exception was for the back and they would have to return to the BZA for another Special Exception to use the front half in the same way. Mr. Scowden, Mr. Brown, Mr. Zentz and Ms. Wertman discussed the wording of Condition # 1 regarding time limits as the work was weather- dependent and could affect the duration. ADVERTISED PUBLIC HEARING OPENED James Hale, 3111 N. Raceway Rd., appreciated the buffer. He wanted to know where the crushing would take place and what would be developed on the front half of the property. Carol Ochs, 3117 N. Raceway Rd, said there were several residences would that faced this property. She wanted to know about the future development. Mr. Zentz showed the areas where the crushing would be. There were no current plans for future development. He would have to come back to do anything. They only wanted to buy half of the property but Marathon wanted to sell it as one lot. Mr. Brown addressed the access question and said there was a potential access point across from Kathleen Street. That would have to be part of a future development plan. Shelby would be using their existing access off 300. ADVERTISED PUBLIC HEARING CLOSED Mr. Scowden and Staff clarified the amended recommendations to read: 1) On no more than four occasions in a calendar year, applicant will conduct the recycling process for the material stored on- site. The recycling process shall be considered complete when all dried material stored on- site at the beginning of the process has been crushed. Each recycling process is estimated to take seven to ten days of operation and is weather dependent. 2) Material crushing should occur not before 8 a.m. nor extending past 8 p.m.; 3) The approval of the Findings of Fact and Conclusions of Law. Motion: Brett Scowden made a motion to APPROVE BZSE- 22- 1, subject to and conditioned upon Staff recommendations as amended, seconded by Marlon Webb, motion carried 3 In Favor/ 0 Opposed/ 0 Abstained. F. COMMUNICATIONS & REPORTS 1. Report From Director Of Development Services Jodi Dickey did not have a report for the Board. 3 of 4 G. MISCELLANEOUS BUSINESS 1. None H. CITIZENS COMMENTS RELATING TO AGENDA 1. None I. ADJOURNMENT Motion: Brett Scowden made a motion to ADJOURN, seconded by Jeff Humphreys, motion passed 5 In Favor/ 0 Opposed/ 0 Abstained. 6:36 P.M. ATTEST: 4 of 4