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MINUTES
Carmel Board of Zoning Appeals
Regular Meeting
Monday, March 24, 2014
6:00 p.m.
Council Chambers, Carmel City Hall
Present: James Hawkins, President
Leo Dierckman
Dennis Lockwood
Earlene Plavchak
Alan Potasnik
Connie Tingley, Recording Secretary
Staff members in attendance: Alexia Donahue Wold, Planning Administrator
Mike Hollibaugh, Director,Dept. of Community Services
Legal Counsel: John Molitor
Previous Minutes:
On a motion made by Leo Dierckman and seconded by Earlene Plavchak:
The Minutes for the meeting dated February 24,2014,were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report:
Alexia Donahue-Wold:
• Items 6-13, KG Main LLC, Old Meridian and West Main are tabled indefinitely
o Still working through Plan Commission process
Legal Council Report:
John Molitor:
• Litigation still pending in Court of Appeals
• House Bill 1216 passed General Assembly; expects Governor to approve
o Does not feel it will have any effect on Board of Zoning Appeals
o Does affect zoning commitments made to Plan Commission for developments going to City
Council
o Should not have any effect on commitments made to Board of Zoning Appeals
• Those are not subject to review by City Council
Public Hearing
1-3. (SU, V) Keystone Woods Cell Tower
The applicant seeks the following special use approval and variances for a new cell tower in a residential
district:
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Carmel Board of Zoning Appeals
March 24,2014 Meeting
Docket No. 14020014 SE ZO CH 25.13: Towers: Permitted as Special Exception in Residential
Districts
Docket No. 14020015 V ZO CH 25.13.i: Min setback 250 ft, 125 ft requested from north & south
and 100 ft from west
Docket No. 14020016 V ZO CH 26.01.04: Max Height 120 ft, 150 ft requested
The site is located northeast of Keystone Parkway and 106`" Street, and is zoned S-2/Residence within the
Keystone Overlay. Filed by Jennifer Jones with JB Towers, LLC.
Present for Petitioner:
Jennifer Jones, JB Towers, LLC
• Site plan shown
• Contacted in Summer 2012 by HOA President, Connie Murphy, to have tower in area
o Residents have very spotty cell service
• Both groups did their due diligence
o HOA polled residents in area with petition
• Map with signatures on petition
• Comments included: "Please approve; It will help; Good for neighborhood; Sounds good;
We're all for it; Let's go; etc."
o JB Towers mapped towers in vicinity
• All over one mile; up to 4.36 miles away
• Towers were plotted
• Engineer put together study showing existing coverage (map shown)
• Map shown with new tower; gaps covered
• Everyone has Smart phone, internet, and email driving capacity for carrier
• JB Towers is not a carrier
o They develop towers and lease space
o Asking for 150-foot tower to hold five carriers
• Also room for fire, safety and other City or County uses
• Wireless internet or two-way radio could install antennas
• Site plan shown of Keystone Woods Swim Club lot
o Access and utility easement indicated
• Proposing only one tennis court remain
• Keep existing asphalt in place with water main underneath
o Lease area sets in grove of trees
• Will place fence inside trees, thereby cutting off one corner of leased area
• TAC asked for additional fifteen-foot easement outside leased area for
landscaping easement
o Spot for tower indicated
• 125 feet from north and south property lines
• Ordinance setbacks are greater to protect people around tower
• Savor Industries stated 150-foot pole can be designed with stress fracture making
tower fold over on itself in high wind or ice
o Allows them to stay within 100-foot fall radius off road and away from
neighbors
• Residential zoning allows 120-foot tower
o Within Carmel Ordinance 150-foot allowed in other areas
o Photos shown of 120 and 150-foot towers in Fort Wayne
o Renderings shown of swim club area with 150-foot tower
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Carmel Board of Zoning Appeals
March 24,2014 Meeting
• Type of antennas will be determined by carriers
o Tight pack antennas are mounted onto tower without any set off
• Will not be able to fit as many around the tower
• Carriers will want additional spaces; limiting number of carriers
• Will then need additional tower
o 120-foot tower will limit number of carriers
o Will not do typical platform antenna stands that stick out far from tower
• Carriers love it because they can mount 16 antennas
o Proposing close-mounted which are not mounted straight to tower
• Has platform that allows additional antennas
Public in Favor:
Connie Murphy, President Keystone Woods HOA
• Polled majority of people; only one said "No"
• Horrible cell coverage; calls drop
• Jordan Woods Subdivision would also get better cell coverage
Chris Kniola,Buildings and Grounds for HOA
• Teleconferences; primarily Asia and South America
o Often late at night; signal drops
• Helped poll neighborhood during winter
I Mary Desotell, Pool Manager
• Seven or eight years ago had pool emergency
o Easier to go across street to Fire Dept and bring them over
o Lawn mowers had cut land line phone
o Cell phones could not dial 9-1-1
o For that one emergency in 20 years, it would be perfect if cell phones could get through
Public Hearing closed.
Department Report:
Alexia Donahue-Wold
• Locating communication tower in residential district requires granting Special Exception
o Ensure tower does not have negative effect on surrounding properties
o This tower will be on land owned by Homeowners Association
• Residents support tower
• Area currently being used for tennis courts
• Petition signed by homeowners, including a couple adjacent to proposed site
• Area around tower and equipment shelter will be surrounded by six-foot wooden fence
and 15-foot landscape buffer
• Believe tower will aid and provide more cellular and data coverage for surrounding area
• Additional height will help and also allow more carriers
• Reduced setback will permit better location on site within existing woods
• Intent of permitting towers and co-location is to provide broadest range possible while keeping structure
as visually unobtrusive as possible
o Proposed monopole tower
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Carmel Board of Zoning Appeals
March 24,2014 Meeting
o Department has requested antennas be flush-mounted on tower for smallest profile and more
aesthetically pleasing
Department supports Special Exception and Variances with Commitments:
1. Antennas will be flush-mounted
2. Co-location will be permitted on tower
Discussion:
• Graphic shown of various towers in Carmel
o Ms. Jones was not aware of cell tower at Fire Station at 106th' Street
o Some of the towers were in residential areas
• Petitions surveyed most of neighborhood
• JB Towers covers maintenance of security fence, trees and site
o Typically chain closes two gates
o Each tenant has own lock
• Special Exception approval is needed for any tower
• Variance is to cover 150-foot height (120-foot permitted)
• Driveway extends over corner of tennis court (about one foot)
o Once tower is built, only pick-up trucks will access site
o Parking will be on existing tennis court
• Fence is inside existing trees to preserve buffer
o Urban Forester has approved landscape plan
• Pictures shown of proposed antennas
o Better than original proposal
o Flush-mounted is mounted directly to pole
o Proposed antennas have small platforms
• Want six to twelve antennas per carrier
• Before mounting on tower, carriers will need permit for approval of platform
• Monitored through Commitments for close-mounted (max 12 feet)
o Tower would fall into itself; not onto Keystone
o JB Towers removes old antennas
Motion: On a motion made by Leo Dierckman and seconded by James Hawkins:
To allow a voice vote.
MOTION CARRIED UNANIMOUSLY
Motion: On a motion made by Leo Dierckman and seconded by James Hawkins:
Docket Nos. 14020014 SE, 14020015 V and 14020016 V, Keystone Woods Cell Tower, be approved
for a tower in a residential district; 125 minimum north and south and 100-foot west setbacks (250 feet
required); maximum height 150 feet (120 feet allowed) with Commitments:
1. Antennas will be flush-mounted or close-mounted to the tower or internally mounted
2. Co-location will be permitted and accommodated on the tower
3. All subject to Department approval
MOTION CARRIED UNANIMOUSLY
Old Business
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Carmel Board of Zoning Appeals
March 24,2014 Meeting
I 1-5. (V) Tallyn's Ridge Subdivision
The applicant seeks the following development standards variances for a new subdivision.
Docket No. 14010004 V ZO CH: 5.01.02 Max Density 1 Lot/Acre, 1.51 Lots/Acre requested
Docket No. 14010005 V ZO CH: 5.04.02(D) Min Lot Area 15,000 sqft, 14,000 sqft requested
Docket No. 14010006 V ZO CH: 5.04.03(A) Min Front Yard 40 ft,30 ft requested
Docket No. 14010007 V ZO CH: 5.04.03(C)(1) Min Aggregate of Side Yard 30 ft,25 ft requested
Docket No. 14010008 V ZO CH: 5.04.03(E)(1) Min Lot Width 120 ft, 100 ft requested
The site is located at 3225 West 146th Street and is zoned S-1/Residential. Filed by Steve Hardin with
Faegre Baker Daniels, on behalf of Lombardo Homes of Indiana LLC.
Present for Petitioner:
Steve Hardin, Faegre Baker Daniels, Ed Hackett and Jeff Boland, Lombardo Homes, and Alyson Donica,
Land Use Consultant with Faegre Baker Daniels
• Follow up from February 24 meeting
o Work with Staff to come up with set of architectural standards that could be Conditions of
approval
• Included in packet at Tab 5
• No vinyl siding
• Exterior materials would only be masonry, brick or stone and fiber-cement board
• Architectural elevations incorporated as Conditions (similar to illustrated home
elevations)
• East neighbors, Loefgrens, have better certainty of tree line along eastern property
o Developer/builder will not remove any trees 4-inch diameter or greater
within 15 feet of eastern property line unless dead, diseased, dying; court
order; or some other type of infrastructure needed in area
o Jeff Boland met on site with the Loefgrens last Thursday
• Walked tree line and talked about development
• Reported they were satisfied with proposal
Public Hearing closed.
Department Report:
Alexia Donahue-Wold
• Since last meeting Petitioner has submitted architectural standards for the subdivision
o Appropriate for neighborhood
• Petitioner has reduced number of lots from 28 to 27
• Petitioner has agreed to preserve trees along eastern property line
Department supports variances and recommended approval.
Motion: On a motion made by Leo Dierckman and seconded by Alan Potasnik:
Docket Nos. 14010004 V through 14010008 V, Tallyn's Ridge Subdivision, be approved for maximum
density (one lot/acre required, 1.46 lots/acre requested [27 lots]); minimum lot area (15,000 square feet
Irequired, 14,000 square feet requested); minimum front yard (40 feet required, 30 feet requested); minimum
aggregate of side yard (30 feet required, 25 feet requested) and minimum lot width (120 feet required, 100 feet
requested) with stated Conditions:
1. Architectural standards including: no vinyl siding, exterior materials would only be masonry, brick or
stone and fiber-cement board
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Carmel Board of Zoning Appeals
March 24,2014 Meeting
2. Architectural elevations substantially similar to illustrated home elevations
3. Tree line preserved along eastern property (4 inches or greater in diameter within 15 feet of eastern
property line) unless diseased, dying, court order or other infrastructure needed
MOTION CARRIED UNANAIMOUSLY
6-13. TABLED INDEFINITELY (UV, V) KG Main LLC, Old Meridian and West Main.
The petitioner also seeks the following development standards variance approvals:
I • I I I. t I 1/ •• • 1 • ..•
20C.05.02.D)
• • i •
• I • . . ..
• • II. - I i i . . . .. . .
• • . • •
The site is zoned OM/SFA (Old Meridian District, Single Family Attached)& OM/MU (Old Meridian
District, Mixed Use.) It is located at 12960 Old Meridian St., at Main St. Filed by Paul Reis of Krieg
Devault, LLP on behalf of Keystone Realty Group, LLC.
Adjournment:
Motion: On a motion made by James Hawkins and seconded by Leo Dierckman:
The Meeting be adjourned.
MOTION CARRIED UNANAIMOUSLY
The meeting adjourned at 6:44 p.m.
Approved this day of +.k..<-.1 20 /''`j
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Filename-3.24.2014 regular meeting.doc
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