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MINUTES
Carmel Board of Zoning Appeals
Regular Meeting
Monday, June 23, 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: Angie Conn, Planning Administrator
Mike Hollibaugh, Director, Dept. of Community Services
Harry Davis, Intern _
Legal Counsel: John Molitor
Previous Minutes:
On a motion made by Leo Dierckman and seconded by Alan Potasnik:
The Minutes for the meeting dated May 27,2014,were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report:
Angie Conn:
• Nothing to report
Legal Council Report:
John Molitor:
• In consultation with City Attorney's office, regarding litigation discussed in Executive Session on May
20, 2014, an additional letter will be sent before filing any claims
Public Hearing
1.(SU) College Park Congregation of Jehovah's Witnesses,Kingdom Hall.
The applicant seeks the following special use approval for a new place of worship in a business district:
Docket No. 14050007 SU ZO CH 16.02: Special Use: Place of Worship in B-5/Business District
The site is located at 10439 Commerce Drive, and is zoned B-5/Business. Filed by David Shelton of DeFur Voran,
LLP on behalf of Kory Jones with College Park Congregation of Jehovah's Witnesses.
Present for Petitioner:
David Shelton, DeFur Voran, LLP, Kory Jones, Elder with College Park Congregation, and Steve Shaw,
prepared plans
www.CARMEL.IN.GOV Page 1 of 5 (317) 571-2417
Carmel Board of Zoning Appeals
June 23,2014 Meeting
David Shelton:
• Site plan shown
• Vacant property
o Office building to north
o Retail to west
o Residential south and east separated by retention pond
• Plans shown for Kingdom Hall with elevations
o Approximately 10,300 square feet
o Seating for 441
• No need for any development standards variances
• Worked closely with Staff and City Departments
o Taken care of issues with landscaping
o Filed with Plan Commission and will go before TAC again
o Still have issue with connectivity between the site and the property to the north/offices
• Owner of developed office property is also their seller
• Letter dated June 11, 2014 from northern adjacent property owner
• Supports petition and emergency access
• Does not support full access between the two properties
o Wear and tear on property
o Increased liability
o Potentially unsafe driving patterns
• Applicant shares same concerns, especially increase in liability with open access
point
• Two properties are complimentary
o As a religious use, it is off peak for the business/office hours (9-5)
o Makes more sense to have connected if both were office or retail uses
o Only use for connectivity would be a cut through for traffic
o Limited emergency access proposed
• Barrier of breakaway gate or locked gate with Fire Department access
• Fire Department okay with emergency access provided it was 20 feet wide and
accommodates firefighting apparatus of 75,000 pounds
• Not sure if this is a use issue or issue for Plan Commission development process
• Use is consistent with Comprehensive Plan for area
o Satisfies five criteria for Special Use
1. Subject property is physically suitable for proposed Special Use
a. Adequate area to accommodate use, including improvements and parking
b. Direct access onto Commerce Drive (90-foot right-of-way)
c. Separated from residential neighborhoods by retention pond
d. No direct vehicular access to residential areas
2. Special Use will not injuriously or adversely affect economic factors such as cost benefit to
community and effect on surrounding property values
a. Use adjacent to area fully developed area; only vacant property in surrounding area
b. Use will provide transitional buffer between residential areas, office and retail
c. Use will operate on non-peak times; no impact on surrounding uses and parking
3. Special Use consistent with social neighborhood factors
a. Compatible with existing uses
b. Architecturally residential in appearance
i. All brick, single level with hip roof
ii. Nice transition between residential, business and office uses
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Carmel Board of Zoning Appeals
June 23, 2014 Meeting
c. No food preparation with noxious odors
d. No vehicular access to residential areas
e. Lights will point downward within two feet of edge of asphalt
i. Lights only on during meetings at the Kingdom Hall
ii. Otherwise only security lighting
4. Special Use will not injuriously or adversely affect availability of water, sewage and storm
drain facilities or police and fire protection
a. No facilities for daycare
b. No overnight accommodations
c. No on-site residents
d. Only used as meeting place
e. No on-site food preparation; only microwave in break room
f. Retention pond has more than adequate capacity to handle stormwater drainage
5. Special Use will not adversely affect vehicular and pedestrian traffic in and around premises
a. Direct access onto Commerce Drive
b. No direct access within neighborhoods
c. Use at non-peak time
d. Required to install 10-foot asphalt path along entire frontage of property along
Commerce Drive for pedestrian traffic
Public Hearing closed.
I Department Report:
Angie Conn
• Department generally in favor of this Special Use as being favorable in the Permitted Uses table
• Connectivity to north parcel is good planning to connect internal driveways
o BZA can approve with Conditions or Commitments
o It can also be addressed at Plan Commission
Department recommended positive consideration.
Discussion:
• Site plan reviewed with connectivity
o Northern portion is four office buildings
o When approved in 2005, anticipated Phase 2 to be office buildings with connectivity of shared
parking and driveways
• Phase 2 never went through with Plan Commission approval
• No elevation grade or development issues between the two parcels
Motion: On a motion made by Leo Dierckman and seconded by Alan Potasnik:
Docket No. 14050007 SU, College Park Congregation of Jehovah's Witnesses, Kingdom Hall, be approved
for a place of worship in B-5/Business District.
MOTION CARRIED UNANIMOUSLY
2. (UV)Mi Escuelita Preschool, 120 Third Street NW.
The applicant seeks the following use variance approval for a preschool in a residential district:
Docket No. 14050008 UV ZO CH 8.01 Permitted Uses
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Carmel Board of Zoning Appeals
June 23, 2014 Meeting
The site is located at 120 3rd Street NW, and is zoned R-2/Residential within the Old Town Overlay, Character Sub-
Area. Filed by Giovina Cecili with Mi Escuelita.
Present for Petitioner:
Vicky Rodriguez
• Stay same as past three years
• Want to add four more children per day (from 8 to 12 children)
• Applying for daycare license
•
o One child will stay longer hours (requires State license)
o Have taken Orientation 1
o Need approval to operate more hours
• No traffic issues for dismissal and arrival
o Parents take less than 5 minutes to drop off
o Teachers take children from car and bring into school
o All children do not arrive at same time
• Wish to extend hours of operation and continue as preschool
Public Hearing closed.
Department Report:
Angie Conn
• Inspection made by Carmel Fire Department
o Addressed outstanding concern regarding violation of Indiana Fire Code
• No longer a concern
• Hours of operation proposed 8:00 a.m. to 5:00 p.m.
o Two sessions per day
• Morning session 8:30-11:30 a.m.
• Afternoon session noon-3:00 p.m.
• Increasing enrollment by 4 children; from 8 to 12 children per day
• Original Use Variance had 3 year time limit
Department recommended favorable consideration with CONDITION of acquiring State license and
providing copy to City
Discussion:
• This Use Variance will not have a time limit
o If approved it would run with the land
• Original time limit was because of preschool use in established residential area in Old Town
o Concerns with noise and traffic from pick up and drop off
o Time limit imposed to gauge use
o Nothing reported to Code Enforcement
o No State licensing required at the time
• If students come to school for less than four hours, license is not needed
• Applying for State license because one family wants their child to attend full day
• Have received first visit/inspection from State
• Impressed with program
• Will grant licensing paper
• Certificates for courses taken about child abuse, neglect, sleeping habits, etc.
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Carmel Board of Zoning Appeals
June 23,2014 Meeting
• Will receive State visit twice per year
o Smoke detectors, fire extinguishers, CPR certification, etc.
Motion: On a motion made by Leo Dierckman and seconded by James Hawkins:
Docket No. 14050008 UV,Mi Escuelita Preschool, 120 Third Street NW,be approved for a preschool in a
residential district.
MOTION CARRIED UNANIMOUSLY
3-7. TABLED TO JULY 28- (V)Blackwell Park Phase II.
The applicant seeks the following development standards variances for a new subdivision:
Docket No. 14040017 V ZO CH: 8.01.02: Max Density 3.9 lots/acre,4.33 lots/acre requested
Docket No. 14040018 V ZO CH: 8.04.02: Min Lot Size 10,000 sq.ft,6,600 sq.ft.requested
Docket No. 14040019 V ZO CH: 8.04.03.A: 35 ft.Min Front Yd. Setback,20 ft. requested
Docket No. 14040020 V ZO CH: 8.04.03.E: Min Lot Width 80 ft.,55 ft. requested
Docket No. 14040021 V ZO CH: 8.04.03.F: 35% Max Lot Coverage,45% requested
The site is located at 510-531 Burnett Court in Carmel,just north of 5th Street NE and east of 2nd Ave NE. The
property is zoned R-2/Residential and is not located in an overlay zone. Filed by Andrew Greenwood of Old Town
Development, LLC.
Old Business
1. TABLED TO JULY 28- (CA) Tom Wood Day Drive,Parking Lot Lighting.
The applicant seeks to amend a commitment, made in 2012 as a part of the Use Variance for a parking lot,to allow
parking lot lighting: Docket No. 14040022 CA: (CA) Tom Wood Day Drive,Parking Lot Lighting.
The site is located at 9624 Day Drive. It is zoned S-2/Residence. Filed by Paul Reis of Krieg DeVault for Tom Wood,
Inc.
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 6:30 p.m.
Approved this 2KA7 day of VZl rr 20 ry
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;'resident—James Hawkins Secretary—Connie Tin:,ey
Filename:6.23.2014 regular meeting.doc
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