Board of Zoning Appeals

TOWN OF 71r"?. Brownsburg BOARD OF ZONING APPEALS Minutes Brownsburg Town Hall 61 North Green Street Brownsburg, Indiana 46112 Monday, September 12, 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, Stacey Risk, Brett Scowden, Maria Andrews, and Marlon Webb Members Absent: Also Present: Jodi Dickey, AICP- Director of Development Services, Jenna Wertman, AICP- Senior Planner, Adeleke Mustapha- Associate Planner A. CALL TO ORDER AND DETERMINATION OF QUORUM B. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE C. CONSIDERATION OF PREVIOUS MEETING( S) MINUTES 1. August 08, 2022- Regular Meeting Motion: Brett Scowden made a motion to APPROVE the August 08, 2022 regular meeting minutes, seconded by Jeff Humphreys, motion carried 5 In Favor/ 0 Opposed/ 0 Abstained. D. APPROVAL OF FINDINGS OF FACT 1. Motion: Brett Scowden made a motion to APPROVE BZDV- 22- 6 and BZDV- 22- 7, seconded by Jeff Humphreys, motion carried 5 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- 4 1570 E US Hwy 136 Kid City Daycare A request for a Special Exception Use approval to permit a " Day Care" use within the High Intensity General Commercial ( C2) District. Parcel No( s): 32- 07- 13- 200- 040. 000- 016 Represented by: Andrew Wert, CCHA Law 1 of 4  ADVERTISED PUBLIC HEARING Jenna Wertman gave a presentation related to the Special Exception Request. In it she detailed the process and criteria for Special Exception Requests and noted that staff believed it could meet the five criteria. She provided information on the site location, zoning, and acreage. During the presentation she noted that the special exception request would include a play area, parking, and other features associated with the daycare. Staff noted that generally the parking would be to the front and side of the property and showed a sample rendering of the development. Ms. Wertman noted that the building would need to meet the architectural standards of the Unified Development Ordinance. She reviewed the five criteria and provided an overview of the responses from the applicant. Staff recommended approval of the Special Exception and noted that no other conditions were recommended. Holly Thomas came forward as the franchisee of the proposed Kid City Day Care and noted that there was a need in the area for additional childcare facilities in the community. She provided information on her background in the child care industry. Brett Scowden asked a question for staff related to the architectural standards within the Special Exception portion of the Unified Development Ordinance. Ms. Wertman noted that based on the applicability portion of that section it would not apply to this use. The use would still have to meet the requirements within the Architectural Subsection of the Unified Development Ordinance. Maria Andrews asked about future uses on the site and what could go in next to the daycare facility. Ms. Wertman explained that uses allowed within the C2 would be permitted to locate on the additional lots. There were no further questions for the applicant or staff at this time. ADVERTISED PUBLIC HEARING OPENED 6: 11 No members of the public came forward to speak on this request. ADVERTISED PUBLIC HEARING CLOSED 6: 13 Motion: Maria Andrews made a motion to APPROVE BZSE- 22- 4, seconded by Brett Scowden, motion carried 5 In Favor/ 0 Opposed/ 0 Abstained. 2. BZDV- 22- 8 NE Corner, Ronald Reagan Parkway & Connector Rd Canopy Hgt A request for a Development Standards Variance from Article 5, § 5. 20( D)( 1) " Canopy and Portico Standards," to exceed the maximum permitted canopy height. Parcel No( s): 32- 08- 18- 210- 003. 000- 016 Represented By: Mike Timko, Kimley- Horn ADVERTISED PUBLIC HEARING Jenna Wertman gave a presentation related to the Development Standards Variance and noted that it involves the review of three criteria. She noted that there were conditions proposed with the recommendation from staff. Ms. Wertman noted that 5. 20 restricts the canopy height to 14' from the grade to the underside and 17' high overall. She reviewed some recent developments done under other districts and the heights on those gas station canopies. 2 of 4  0 The presentation included the proposed site plan and a brief explanation of the site layout. Renderings provided by the applicant were reviewed and how that relates to the Unified Development Ordinance. She noted that the applicant had prepared a presentation as well that would review this information again. She reviewed the statutory criteria, an overview of the applicant responses, and staff considerations. This generally included concerns for heat, canopy damage, usability of the site for other non- semi users such as recreational vehicles, and the general scale of the area in comparison to the requested increase in height. Staff detailed the recommendations that the site layout remain similar to the one provided, that additional landscaping be provided on the north side, and the findings of fact approval. Jeff Humphreys asked whether the total height of the canopy would be the same as the Unified Development Ordinance. Ms. Wertman noted that the Unified Development Ordinance heights of 14' and 17' would be a 3' canopy face while the applicant was proposing a 16' and 20' request and therefore a 4' canopy face. Lee May came forward to represent the project. The presentation included information about the gas station and how it would include a convenience store, drive- through, a canopy with high- flow diesel and a typical retail services fueling canopy. Mr. May noted the site layout, the types of vehicles that might be expected around the various areas of the site, and how different scenarios may result in the canopy being clipped at a lower height. Standards for interstate overpasses and signs were presented as a comparison to the request. He noted that truck exhausts can be up to 500 degrees and those that were vented at the top of the vehicle could damage the canopy underside at a lower height. He reemphasized the setting of the industrial area as it pertains to vehicles likely to use this site. Mr. May noted that the four feet total canopy height is to hide structural and venting mechanisms on the fueling station. Maria Andrews asked about the number of fueling stations as different numbers were referenced during the presentation. Ms. Wertman clarified that the Unified Development Ordinance did not have a standard limiting the number of fueling stations. Brett Scowden clarified whether the extra foot of fascia was needed to hide the mechanical components. Mr. May discussed the mechanical and venting mechanisms that were in the canopy area. A clarification was also discussed regarding canopy signs. Stacey Risk asked about opportunities for updating the canopy requirements of the Unified Development Ordinance. Ms. Wertman clarified that this was currently the only option until/ if the Unified Development Ordinance was formally updated. ADVERTISED PUBLIC HEARING OPENED 6: 35 No one came forward to speak on this matter. ADVERTISED PUBLIC HEARING CLOSED 6: 36 Motion: Jeff Humphreys made a motion to APPROVE BZDV- 22- 8, seconded by Stacey Risk, motion carried 5 In Favor/ 0 Opposed/ 0 Abstained. F. COMMUNICATIONS& REPORTS 1. Report From Director Of Development Services Jodi Dickey noted that Heather Wetzel was no longer with the Department of Development Services. G. MISCELLANEOUS BUSINESS 1. None 3 of 4 H. CITIZENS COMMENTS RELATING TO AGENDA 1. None I. ADJOURNMENT Motion: Brett Scowden made a motion to ADJOURN, motion passed 5 In Favor/ 0 Opposed/ 0 Abstained. 6: 38 P. M. l Marlon Webb, President ATTEST: dmi istrative Assistant 4 of 4