STAFF REPORT: 2014-P-05 TOWN OF WHITELAND PLAN

STAFF REPORT: 2014-P-05
TOWN OF WHITELAND PLAN COMMISSION
August 5, 2014
2014-P-05
Twin Brothers Investments. Development plan approval, 340 N. US 31, zoned C-1.
EXHIBITS:
1.
2.
3.
4.
Aerial photo/location map, spring 2012
Proposed development plan
Proposed building elevations
Proposed freestanding sign
Proposal summary
This petition is to establish a development plan for the property located at 340 N. US 31. This
property was most recently the site of a Swifty gas station and has been vacant for about three
months.
Review of a development plan is required because the petitioner is seeking to demolish the existing
gas station building and construct a new, larger, convenience store building on the site. In addition,
the existing canopy will be cut back to accommodate the larger building. The existing freestanding
sign will also be replaced with a relocated sign. Other structures, such as the fuel tanks, gas pumps
and islands, driveways, lights, etc. are proposed to remain unchanged.
A waiver has been requested from the required front and side setbacks.
The development plan
Uses
The property in question has been used as a gas station for at least 15 years. The most recent owner
sold the property in May, and the station is currently vacant since that time. This property is zoned
C-1, and gas stations are a permitted use. The proposal to build a convenience store would also be a
permissible use.
Adjacent properties zoning and land use:
Current Zoning
Current Land Use
North C-2
(Ardmoor Dr.), Vehicle sales
West
R-1
Residences
South
C-1
Vehicle sales
East
New Whiteland GB-2 (US 31), Retail uses
The proposed building
The proposed building will generally occupy the area of the current gas station building on the
western side of the property, as well as area to the north of the existing building that is currently
non-utilized pavement area. The existing building is approximately 483 square feet, while the
proposed building will be 1,328 sq. ft. The elevations submitted indicate the on-story building to be
of masonry construction, with windows on the gas pump side of the building.
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C-1 zoning requires a front setback of 100’ from the edge of pavement, and a side setback of 5’ from
a residential property line. The existing building enjoys legal nonconforming front setbacks with
regard to the distance from Ardmoor Drive (~70’) and U.S. 31 (~93’); the demolition of the building
would remove these legal nonconformities. The new building is proposed to be located 99’ from the
edge of U.S. 31 pavement, 55’ from the edge of Ardmoor Drive, and a minimum of 3.8’ from the
residential property to the west. Because of this, the petitioner is seeking a waiver of the required
setbacks. This will be discussed below.
Parking, loading, and circulation
Generally, the existing pavement, aisles, and driveways will not be changed.
Parking spaces are proposed to be marked in conjunction with the new construction. As proposed,
the development plan shows a total 6 parking spaces, with one being ADA-compliant. This conforms
to the minimum requirements of the zoning code. Three spaces are to be provided north of the
store, and three to be provided as parallel parking along the south edge of pavement.
No provision for dedicated on-site loading/unloading of vehicles. The zoning code is not definitive
on whether a loading berth is required for this type of use. However, based on similar uses
elsewhere, deliveries are often made using the automobile traffic aisles with variable impact on
traffic circulation.
Pedestrian circulation is proposed to be enhanced with the addition of a sidewalk along Ardmoor
Drive west of the driveway. Internal pedestrian circulation is not defined, other than a walk at the
front of the convenience store.
Lighting, landscaping, refuse container, and signage
Parking lot lighting is proposed to be provided by existing light fixtures. The submitted photometric
plan shows a maximum of about 4.3 foot-candles at the northwest property line. This reduces to 0.5
foot-candles about 25’ onto the adjacent property. The zoning code does not have specific lighting
requirements at this time, but this is likely similar to the existing lighting levels.
Landscaping is proposed along the west and northwest property lines, in the area between the
parking pavement and property line. This would consist of evergreen shrubs along the residential
property line, ornamental shrubs near Ardmoor Drive, and landscaping around the proposed sign
location.
A small refuse container enclosure is proposed at the south end of the building. Details on the
enclosure were not found in the submitted documents.
The existing freestanding sign is located within the right-of-way of U.S. 31. That sign would be
removed in favor of a new pole sign located at the northeast corner of the property. The sign would
be a minimum of 10’ from the right-of-way line, which is the sign code minimum. As proposed, the
sign would be approximately 70 sq. ft. in area, 19’ in height, and have a 12’ clearance. Additional
signage would be placed on the existing canopy. These proposed signs appear to meet the
requirements of the sign code; detailed final review would occur upon permit application.
Drainage
Drainage is to be generally the same as the existing. Stormwater primarily runs toward the ditch
along U.S. 31. The Stormwater Coordinator offered some comments during Technical Review which
appear to have been incorporated.
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Technical Review Committee
The Technical Review Committee (TRC) convened to discuss this proposal on July 18. Topics
discussed included technical revisions to the plan, pedestrian- and ADA-accessibility, water meter
pit location, and other aspects of the proposed project.
Generally, the TRC’s comments appear to have been addressed in the revised set of plans.
Waivers
As part of the development plan review, the Plan Commission is authorized to consider waivers of
certain sections of the Zoning Code and other development codes. Waivers must be supported by
the findings of fact.
Based on the proposed plan, the following waiver has been requested:

To permit reduced front and side setbacks.
Suggested findings of fact
Section 156.206(E)(1) of the Whiteland Zoning Code and 36-7-4-1400 of the Indiana Code provide
criteria for reviewing proposed development plans. The Plan Commission must make at least the
following findings of fact. Approvals may be stated generally; disapprovals of any finding shall
specify the code with which there is noncompliance.
(1) The Development Plan is consistent with the Town of Whiteland Comprehensive Plan.
Findings: The comprehensive plan future land use map indicates this property to be commercial,
and encourages business development and expansion in general. This plan is consistent
with those goals.
(2) The Development Plan does not cause a hazard or unsafe conditions on existing or proposed
streets, or at points of access.
Findings: The plan proposes no changes to the existing traffic circulation onto the surrounding
streets, nor any significant changes to the level of traffic generated. Therefore, it can be
expected that the plan will not cause a hazard or unsafe conditions.
(3) The Development Plan does not cause existing or proposed streets to exceed their capacity or
cause excessive traffic congestion.
Findings: No streets will be expected to exceed their capacity with this plan.
(4) The Development Plan dedicates the necessary right-of-way for future expansion of perimeter
roads as indicated in a Thoroughfare Plan.
Findings: While no Thoroughfare Plan has yet been adopted, the Comprehensive Plan makes
general recommendations for rights-of-way. Ardmoor Drive is not indicated as
requiring additional right-of-way, nor is U.S. 31, so no additional right-of-way is
dedicated with this plan.
(5) The Development Plan creates a safe environment for pedestrians and non-motorized vehicles
to safely move about the development and to connect to perimeter pedestrian facilities.
Findings: Due to the nature of existing improvements, there is little opportunity to create on-site
pedestrian facilities. Perimeter pedestrian access is proposed to be enhanced with
construction of a sidewalk segment along Ardmoor Drive. Sidewalks along U.S. 31 would
be ideal, but are infeasible within the scope of this project due to existing lot coverage
and state approvals required.
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(6) The Development Plan arranges buildings and structures appropriately for function and
aesthetic appeal.
Findings: It appears that the proposed structure is arranged adequately for function and
aesthetics.
(7) The Development Plan is compatible with surrounding uses, buildings, and zoning districts; or
is designed to effectively and appropriately buffer or transition to surrounding uses, buildings,
or zoning districts.
Findings: The plan proposes landscaping along the west and northwest property lines. This
should be sufficient to “buffer” the new construction, especially when compared to the
existing building and lot configuration.
(8) The Development Plan satisfies the applicable design and development standards of the
Whiteland Zoning Code.
Findings: Except for the requested waiver, it appears that the plan meets the requirements of the
zoning code. The requested waiver for setbacks will not be injurious to the public
health, safety, morals, and general welfare, as the reduced setback is mitigated by the
fence on the common property line, there will be no windows or doors in the area of the
reduced setback, and sufficient building access is still achieved. The front setbacks are
generally the same as the existing building, which has not been injurious, so it can be
expected that the continuation of these setbacks will also not be injurious. The use and
value of adjacent property should not be affected in an adverse manner as the reduced
side setback is a minimal size, and the proposed use is the same as the existing use.
Finally, the strict application of the zoning code would result in a practical difficulty due
to the small size and configuration of the property that would not adequately allow even
a small shift in the building location without further affecting other setbacks or the
adjacent properties.
(9) The Development Plan satisfies the applicable design and development standards of the
Whiteland Subdivision Control Code.
Findings: No subdivision control requirements apply to this case.
(10) The Development Plan satisfies the applicable design and development standards of the
Whiteland Sign Code.
Findings: It appears that the proposed signs meet the current sign code requirements.
(11) The Development Plan satisfies the applicable design and development standards of the
Whiteland Building Code.
Findings: It appears that the plans satisfy the standards of the building code. It is expected that
any small deficiencies that may be found may be corrected during building permit
review and inspections.
Staff’s recommended motion
Staff recommends that the development plan be approved, with certain conditions.
If after considering the petition, the Commission agrees with the position of staff, the following motion
would be appropriate:
To approve the development plan, with waivers to allow a 99’ setback from the edge of U.S. 31
pavement, a 55’ setback from the edge of pavement of Ardmoor Drive, and a minimum 3.8’ setback
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along the western residential property line, based on the findings of fact stated in the staff report,
with the following conditions:
1. The area of the side setback that is reduced to 3.8’ shall not exceed the length shown on the
development plan.
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Exhibit 1: Aerial photo/site location (spring 2012)
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Exhibit 2: Proposed development plan
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Exhibit 3: Proposed building elevations
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Exhibit 4: Proposed freestanding sign
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