HomeMy WebLinkAboutMinutes BZA 08-26-96 CARMEL/CLAY BOARD OF ZONING APPEALS
AUGUST 26, 1996
The meeting was called to order by the Vice President in Council Chambers, One Civic Square,
Carmel, Indiana, at approximately 7:00 PM with the Pledge of Allegiance.
Members present were as follows: Mary Ann Burke; Richard Klar; Alan Klineman; and Charles
Weinkau£
A quorum was declared.
Also present and representing the Department of Community Services were Terry Jones and
Mark Monroe. John Molitor, Outside Counsel, was also in attendance.
F. Communications, Bills, Expenditures and Legal Counsel Report
John Molitor advised the Board of the temporary appointments of H. K. "Tom"
Thompson and Jay Dorman for the express purpose of hearing and voting on Items lh. and 2h.,
since Dick Klar and Alan Klineman are on record as abstaining from discussion and voting on the
Carmel/Clay School Corporation Docket No. SU-38-96 and Docket No. V-39-96.
G. Reports, Announcements and Staff Concerns
a) Mark Monroe of the Department of Community Services reported that items 6h. and
7h. were tabled due to improper Public Notice; these items will re-appear on September's Agenda.
b) Alan Klineman referred to a Variance which had been ruled on at last month's meeting,
Oldham Variance Docket No. V-40-96, and expressed concern that the homeowners did not
come before the Board to present their position. Mr. Klineman was concerned that the Board had
not perhaps heard all of the evidence which was given by the builder, Rex Weiper. Mr. Klineman
encourged the Board to reconsider the matter through a formal vote and hear the matter at the
September meeting.
Steven Glazier appeared before the Board as attorney for Bob and Patricia Oldham, 1218 Bentley
Way, Carmel. Mr. Glazier reported that the Oldhams did not take the opportunity to speak at the
previous meeting and would like to be afforded the opportunity to do so.
The Board will take the Oldham Variance under advisement and determine what course to pursue.
H. PUBLIC HEARING:
lh. CARMEL/CLAY SCHOOL CORPORATION (SU-38-96)
Petitioner seeks Special Use approval to construct 18 soccer fields. The site is located
south of 126th Street and east of Shelborne Road. The site is zoned S-1/Residential.
Filed by Mr. Gary Murray of Paul L Cripe.
2h. CARMEL/CLAY SCHOOL CORPORATION (V-39-96)
Petitioner seeks Developmental Standards Variances of Sections 27.3.1 and 27.3.2 to
construct parking lots without paving and curbing. The site is located south of 126th
Street and east of Shelborne Road. The site is zoned S-1/Residential.
Filed by Mr. Gary Murray of Paul L Cripe.
Dave Coots of Coots, Henke & Wheeler, 255 East Carmel Drive, Carmel, appeared before the
Board representing the combined efforts of the Carmel/Clay School Corporation, Carmel Dad's
Club, and Carmel Youth Soccer Association. This Docket was continued from the August
meeting.
Also in attendance were the following: Gary Murray of Paul LCripe; Steve Henke, president of
the Carmel Dad's Club; Sara Cantwell, president of Carmel United Soccer Association, and Mike
Comparato; Ned Melchai of the School Corporation; and Don Currisse of the Carmel Dad's Club.
Mr. Coots reviewed the initial presentation made at the July 22nd meeting and the criteria for
Special Use approval. An erosion control plan has been put into place in order to address
concerns of the neighbors to the east. It was the petitioner's opinion that there was nothing about
the site as to the construction itself, which would affect any adjacent properties.
The Hamilton County Commissioners have requested that the petitioner install a berm along each
side of 126th Street; in addition, the petitioner has agreed to install a guard rail on either side of
126th Street where 126th Street crosses the Brindle Legal Drain, and further agreed that they will
maintain both sides of the road right-of-way, the north side being 16 1/2 feet; the south side of
126th Street will be an additional 40 feet of road right-of-way that the School has volunteered to
dedicate for purposes of aesthetics, future road expansion and maintenance of the road right-of-
way. The petitioner has also agreed with the County and adjacent property owners to improve
the line of sight at 126th Street and Shelborne Road to the north and south. The plan as
submitted for 126th Street road dedication and roadway improvements has been approved by the
Hamilton County Commissioners.
The petitioner has agreed with the adjacent property owners, through their attorney, Bruce
Bittner, that one of two things will be done: either coating the driveway and parking area with an
emulsified, petroleum product which holds down dust and over time, in mixing with the gravel,
forms a chip and seal product; or using a pine resin solution (twice a year) which eliminates dust
from use of the gravel, unpaved parking area.
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The driveway and curb cuts to this site, with accel/decel lanes, have been approved at each
entrance along 126th Street. There are no points of ingress/egress onto Shelborne Road. The
parking lots accommodate a total of 256 cars. Additional parking is shown in a grass area on
each field which will allow an additional 660 vehicles; these spaces would be needed at
tournament times. A maintenance facility will be moved to the subject site from the existing site
at Springmill Road. An enclosed dumpster will be located at the southwest corner of the parking
area on the east fields; the dumpster will be emptied weekly. There will also be port-o-lets used
as bathroom facilities--there will not be an on site structure for purposes of public convenience.
Landscaping: there are approximately 450 additional plantings to be made to the south along the
north and east boundaries to a distance south of the adjacent property home located to the east of
the tract. Mounding was considered; however because of the elevation from the property to the
east to the subject site, mounding along the east side of the property would be ineffective and
would interfere with drainage. There is no major earthwork contemplated either in the
construction of the site or for purposes of berming around the site. On site landscaping will be
consistent with the development of soccer fields.
Hours of use of the facility will be daylight hours only. There will be no lighting except for light
standards in each graveled parking area for security purposes only. Fencing (six feet, chain link)
will be removed from the Springmill site and installed at the subject site along the east property
boundary; moving the fence and reinstalling on the subject site is a two/three year objective.
Signage: None is proposed at this time; however ultimately there may be identification signs
which will conform to the Ordinance.
Curbing and paving would not apply to the gravel parking facility; hence the request for the
variance until such time as the parking lots are paved.
Members of the public were invited to speak in favor of the proposed project; the following
appeared:
Steve Henke, 14300 Oakbrook Court,Carmel, 46032, president of Carmel Dad's Club, felt that
Soccer is a vital sport for the youth of the community. Without the Shelborne facility, there
would be hundreds of children that would be unable to participate in this sport. The Badger Park
facility cannot accommodate all participants. The Dad's Club fully supports the Shelborne facility.
The Dad's Club will manage the facility well and will be good neighbors to all involved.
Through a long term agreement with the School, the Dad's Club would continue to manage the
facility, even after the construction of a school.
Sara Cantwell, 5309 Longstone Roundabout, Carmel, president of Carmel United Soccer Club,
spoke about the selectivity of their program; one or two tournaments are hosted each year. There
are aproximately 500 children participating in the United Soccer Club in Carmel.
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Bruce Bittner, attorney with Church, Church, Hittle & Antrim, 938 Conner Street, Noblesville
spoke on behalf of a number of area residents who are not really opposed to the Special Use
presented and in fact agree with comments heard earlier regarding the Carmel Youth Soccer and
Dad's Club program. The area residents are asking the Board to consider the impact on local
community, neighbors and adjoining property owners. Mr. Bittner did not feel that there was a
practical difficulty which would allow the variances of the parking lot paving and curbing. Mr.
Bittner asked that consideration be given to: compatibility with surrounding zoning and land use,
driveway and curb cut locations in relation to other sites; general impact on vehicular traffic,
parking location and arrangement as well as the number of parking spaces required for the special
use; landscaping and tree masses; necessary screening/fencing; special general easements for
public and private use (Brindle private drain runs throught the property and should be identified
and flagged adequately for protection). If approved, it is requested to be subject to conditions
that can be enumerated, especially in regard to the private drain on the property. The present plan
contemplates 18 fields, although 12 are intended in the immediate future. It is requested that the
Board adopt 12 fields rather than 18 with conditions specified.
Members of the public were invited to speak in opposition to the proposed project; the following
appeared:
Bill Decker, 1421 Field Drive, Noblesville, stated that the dust factor would be horrendous for
area residents
Dr. John Hasewinkel, 3242 West 126th Street, Carmel, 46032, expressed opposition due to the
increased traffic and the ingress/egress point; inadequate parking; noise factor, especially on
Saturday and Sunday mornings; infringement upon peace and quiet of the neighborhood and loss
of privacy; little to no buffer to minimize impact; and decreased property value. Also, the average
daily use of the parking lot should not be considered because there are tournaments which
generate as many as one thousand cars. Any overflow parking would be on sod, and the ground
would not be utilized in wet/rainy conditions; cars would probably be parked along the narrow
roadside and perhaps neighboring properties. Dr. Hasewinkel reported that Carmel/Clay Schools
has not maintained the property to date, and weeds have been mowed by the area homeowners.
Buildings on the property are in a sad state of disrepair.
Cindy Haskell, 14221 Shelborne Road, Carmel expressed concern regarding aquifer in the area
and effect on her water well and livestock.
Matt Clark, attorney with Clark, Mosman & Clark, was present representing Margaret & Andrew
Vanderfleet and Carolyn Muhlenbein, property owners abutting to the east. If approval is
granted, it is requested that appropriate commitments be made and followed through.
Appropriate buffering; secure perimeter fencing; hours of operation/play restricted; a permanent
bathroom facility rather than port-o-lets; measures be taken to alleviate the dust factor in view of
the health of Mrs. Vanderfleet.
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Karen Young, 12815 Shelborne Road, Carmel reported that the drain is on a recorded easement
and with the proposed configuration of the fields, it is very likely the the will be crushed; it would
be obvious in the fall/spring if the ground floods. Ms. Young does not feel that the area residents'
lifestyle should be interrupted for the sake of the soccer fields.
Dave Coots located the Vanderfleet and Muhlenbein 39 acres as being to the right of the
proposed tract and immediately to the west of Crossfields Development's 73 acres currently being
developed into a single family residential subdivision. At Dr. Hasewinkel's request, the petitioner
has relocated the entry off 126th Street to the far eastern end of the property and to the far
western end. There have been numerous meetings with adjacent property owners and Mr. Bittner
in an effort to accommodate area residents. Mr. Coots stated that efforts have been made to
maintain a dust free environment on the parking areas without asphalt paving. Buffer mounding
on the east side of the site would be unacceptable from a drainage perspective. The petitioner is
committing to surface address the site so that there will be no dust generated from the site. The
buildings on site will be torn down; chain-link fencing will be installed along the east portion of
the property separating the subject site from the Muhlenbeins and Vanderfleets, to the southern
edge of any existing field to be built in the initial phase; the balance of the eastern boundary will
be chain-linked as volunteer efforts and money becomes available, the same as with the balance of
the perimeter of the property.
As to the well issue, there will be two wells dug in the middle of the 160 acre tract of ground, and
there is no negative impact on any aquifer for the use of water contemplated for the limited
irrigation of the fields during construction and thereafter as required for maintenance.
In regard to the drainage tile, in the event the petitioner interrupts a drainage tile, he is required to
repair or replace. If the the is under a graveled parking area, it will either be re-channeled or
repaired.
Mr. Weinkauf asked about fixed restroom facilities at some future date; Mr. Coots responded that
fixed facilities were not intended until the school is constructed, at which time the area would be
serviced by sewer and water.
Tom Thompson suggested that the petitioner consider fencing on the inside of their property with
landscaping adjacent to the neighboring property rather than opposite for aesthetics.
Jay Dorman asked a number of questions regarding signage for the fields; the length of accel/decel
lanes 1001150 feet; 19/20 feet of paved surface into the parking area. According to the County,
126th Street will be resurfaced next year and improvemens made; the street is 17 1/2 to 18 1/2
feet wide with a three foot gravel berm; no passing blister would be required until a school would
be proposed or built on the site. Clarification: three buildings will be moved from the Springmill
site, two concession and one maintenance equipment storage. The revised plans have been
reviewed by the Technical Advisory Committee; there were no specific remarks regarding the
drainage.
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Ned Melchai, supervisor of buildings and grounds for Carmel Schools, stated that the homes
existing on the site are being rented and the barn is being rented by an area farmer for egipment
storage. The plan is to tear down the carriage house behind the existing home; however, there is
no time table at present for tearing down the homes, however it will be done before the ground is
used for soccer purposes.
Tom Thompson recommended firm commitments from the petitioner in regard to signage,
fencing, dust management, permanent restrooms, an increase in the amount of buffering alongside
field No. 10, and consideration to the landscaping along the east side.
Mark Monroe reported that the Department's concerns expressed at the July meeting have been
adequately as addressed as resubmitted. No signage has been presented to the Department; it is
suggested that if identification signage is proposed, that it be presented to the Department for
review and compliance with the Sign Ordinance. Also, the Department has not been made aware
of the movement of the buildings from the Springmill Road site to the subject site, and
information regarding placement should be provided to the Department.
Mark also reported that several letters had been received; Tom Jones; Dr. Hasewinkel; and
Carroll and Crystal Hasewinkel, copies of which were provided to the Board. Letters were also
received from the Muhlenbeins and Vanderfleets.
With the resolution of the Department's concerns and resolution of the Board's consideration, the
Department recommends approval with the plans as resubmitted.
Jay Dorman asked that the County Highway's responsibility for maintenance of clear visibility at
126th and Shelborne be confirmed; some clarification would be advisable.
Mr. Coots confirmed that the petitioner would commit to no signage of an advertising nature; all
signage is to be submitted to the Department in compliance with the Sign Ordinance. In addition
to the installation of a fence to the south boundary of field 412 between the subject site and the
property to the east, consideration will be given to the placement of the fencing and landscaping;
the driveway and parking areas would be treated for prevention of dust; restrooms will be
addressed in terms of a permanent facility, but probably in conjunction with the development of a
school. The application is based on current facilities in use at the Springmill site.
Tom Thompson again expressed concern regarding the parking; at tournament events, parking
may spill out onto 126th Street. Mr. Coots responded that a Sheriffs deputy is retained for
purposes of traffic flow and parking at tournament events, and parking will not be permitted on
126th Street.
Charles Weinkauf asked for clarification of field#10 and its proximity to the property line of the
neighbor to the east; Gary Murray of Paul L Cripe, Inc. reported that the distance was 60 feet to
the property line.
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Tom Thompson moved for the approval of Docket No. SU-38-96, and Docket No. V-39-96,
Carmel/Clay School Corporation, subject to the following conditions in written form from the
petitioner: no commercial advertising signs visible from the street--directional signs for the fields
to be approved by the Department;placement of fencing and landscaping along the perimeter so
as to provide an aesthetic barrier to the immediately adjacent neighbors; construction of
permanent restroom facilities at such time as sanitary sewers are brought to the property;
maintenance of a dust-free atmosphere; securing a 50 foot buffer along the east property
(presently identified as field 410); restriction from parking on 126th Street; and that the port-o-
lets be adequately serviced/maintained, seconded by Charles Weinkau£
Mark Monroe asked for clarification on the clearing of sight distance at the intersection of 126th
and Shelborne Road, and plans for paving the parking lot. Tom Thompson responded that the
sight/distance was for further clarification by the Hamilton County Highway, and that paving was
covered in the condition of dust maintenance.
Dave Coots agreed to furnish the commitments in written form to the Department of Community
Services within three days.
NOTE: At Mr. Muhlenbein's request, Dave Coots clarified an earlier statement made that
mounding on the east property line would affect the drainage; there could be interruptions in the
mounding to permit drainage to flow through.
The vote on Mr. Thompson's motion was 4 in favor, none opposed; MOTION APPROVED.
3h. Methodist Medical Plaza (V-47-96)
Petitioner seeks Developmental Standards Variance of Section 17.2 for a reduction of
Forty (40) spaces to allow for the preservation of existing trees, and maximization of open
space on the site. The site is located south of 103rd Street and east of Meridian Street.
The site is zoned B-6/Business.
Filed by Mr. Tim Stevens for Bremner & Wiley.
4h. Methodist Medical Plaza (V-48-96)
Petitioner seeks Developmental Standards Variance from the U.S. 31 Overlay Section,
Section 23.B.14.1, Page 137, of the Carmel Zoning Ordinance, in order to not contain a
refuse container within the principal or accessory building. The site is located south of
103rd Street and east of Meridian Street. The site is zoned B-6/Business.
Filed by Mr. Tim Stevens for Bremner & Wiley.
Tim Stevens of LandRush Development, 970 Logan Street, Noblesville, and Glenn Hoage, Vice
President of Bremner & Wiley appeared on behalf of the petitioner. Approval is being requested
of the two variances stated at the subject site, south of 103rd Street and east of Meridian Street.
The use of the facility is for medical office purposes and medical care. The first floor will be
primarily Oncology and Radiation Therapy treatment as well as an immediate care facility for
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emergency services; the second floor will house primary care physicians; and the third floor will
be a birthing/maternity facility for Methodist.
The islands within the parking lots are the subject of the current tree/vegeation preservation
effort. The petitioner is asking for 1 parking space per 375 square feet of building space. The
petitioner is willing to landbank an additional 80 parking spaces for future use which brings the
parking ratio to one space per 315 gross square feet.
The refuse enclosure is designed in a manner similar to trash enclosures existing on the site,
approximately 13X13 feet, seven feet tall with brick walls and a wooden fence to the front which
would face the interior of the parking lot. The variance is being requested to accommodate a
design which will architecturally minimize the refuse container. The brick to be used will match
the existing facade of the building; the gated area is painted the same color as the brick with metal
coping which surrounds the entire trash enclosure.
Members of the public were invited to speak in favor or opposition to the proposed variances;
none appeared and the public hearing was closed.
Charles Weinkauf noted the Department's recommendation which was not to approve the variance
in regard to the refuse container; Mark Monroe responded that there were commitments filed at
the time of rezone of the subject property to comply with the requirements of the U.S. 31 Overlay
Zone. Any trash refuse area is to be located either within the main building or within an accessory
building in the parking lot which would be completely enclosed with a roof. The existing
dumpsters are in violation.
Alan Klineman moved for the approval of Docket No. V-47-96, METHODIST MEDICAL
PLAZA, seconded by Dick Klar. The vote was four in favor, none opposed, MOTION
APPROVED.
Dick Klar moved for the approval of Docket No. V-48-96, METHODIST MEDICAL PLAZA,
seconded by Charles Weinkauf.
Mr. Klineman was in favor of the petitioner's treatment of the trash; however, Mr. Klineman felt
that it was necessary to be consistent and the record should be cleaned in regard to the violation.
John Molitor commented that according to the rules, the petitioner could offer minor, oral
amendments to the petition which would then be made as a part of the motion to approve. The
petitioner offered an amendment that the variance be extended to accommodate the existing
violation. Dick Klar's motion was so amended, seconded by Charles Weinkauf. The vote was four
in favor, none opposed, MOTION APPROVED.
5h. Karrington of Carmel (UV-49-96)
Petitioner seeks Use Variance Approval to develop an Alzheimer's Care assisted living
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residence on the property. The property is located at Carmel Centerpointe Lots 5 and 6.
The site is zoned B-8/Business.
Filed by Karrington Communities.
Andrew Weeks, Director of Development with Karrington Communities, Mike Concilla, project
manager, and Joe Pachs, architect with NDBJ appeared before the Board representing the
petitioner. Also in attendance was Mick Scheetz, president of Carmel Centerpointe, Inc.
The proposed facility will be a state-of-the-art Alzheimer's Care assisted living facility. The
project will be residential in design, both the exterior and interior. Assisted Living is not
specifically listed in the Carmel Zoning Ordinance; however, the closest uses which are
convalescent home, nursing home, and retirement home, are excluded as permitted uses. The
petitioner feels that the proposed use will fit well on this particular site. The site is also
conveniently located to Doctors' offices, retail, and close to the center of town. It is felt that the
proposed use provides a very definite service to the community and fulfills a need.
The project has appeared before the Carmel Plan Commission and has received approval.
Members of the public were invited to speak in favor or opposition to the proposed project; none
appeared and the public hearing was closed.
Mark Monroe reported that the project had appeared before the Carmel Plan Commission and
received Architectural Design, Lighting, Landscaping and Signage approval. There is also a
replat application which was referred to the Subdivision Committee for further review. The
Department is recommending approval at this time.
Dick Klar moved for approval of Docket No. UV-49-96, seconded by Alan Klineman. The vote
was four in favor, none opposed, MOTION APPROVED.
There being no further business to come before the Board, the meeting was adjorned at 10:25
PM.
Mary Ann Burke, Vice President
Ramona Hancock, Secretary
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