HomeMy WebLinkAboutUnofficial Minutes 9-25-2000Pat Rice said she understood the need for the request; however, it was her recollection
that when the plan was presented to the Plan Commission, the plan stated 5 to 7
buildings. Pat Rice asked for clarification of the plan.
Jim Nelson stated that the petitioner has committed to seven (7) buildings.
Leo Dierckman moved for the approval of V- 83 -00, Merchants' Pointe, seconded by
Earlene Plavchak. APPROVED 4 in favor, none opposed.
7h. Lakes at Hazel Dell Subdivision, Section 1, Common..Area 3' (SUA- 88 -00)-
Petitioner seeks to amend` the lifeguardng 'commitment made as part of the
Board's approval. (Docket No. SU- 37 -99, approved August 23, 1999) of the
amenity area. The site is located at 12474 Dell 'field Boulevard West. The site is
zoned S- 1/Residence.
Filed by Joseph M. Scimia of Baker & Daniels for Zaring Homes of Indiana.
Joseph Scimia, attorney, 600 East 96a' Street, appeared before the Board representing
Zaring Homes of 'Indiana. The petitioner is requesting a Special Use Amendment to
delete the commitment requiring a lifeguard to be present at all times that the pool at the
Lakes at Hazel Dell Clubhouse is open, pursuant: to conditions that were imposed as part
of SU -37 -99 that approved'the actual swimming pool as a special use.
The Lakes at Hazel Doll development is located south of 1.26t' Street on the east and west
side of Hazel Dell Drive. This particular subdivision consists of 280 homes within four
communities of its boundaries. There are currently between 45 and 50 homes that have
been sold, under construction, or currently occupied.. , The Special Use previously
obtained authorized a 75X25 foot swimming pool and is one of the common amenities
provided to the homeowners in the Lakes at Hazel Dell.
The petitioner's request is based on the cost associated with running a full time program
for lifeguards at this point in the development of the community; at present it is cost
prohibitive. The petitioner has also had difficulty in obtaining certified lifeguards to
work at the pool. Mr. Scimia distributed copies of the State and Local Ordinances which
regulate swimming pools under the jurisdiction of the State Department of Health and the
County Department of Health. The swimming pools such as the size at the Lakes at
Hazel Dell are exempt from the requirement under State and Local law to have a
lifeguard present during their operating hours. In fact, the Ordinances adopted by the
State and the County provide that local entities may provide stricter requirements -by the
adoption of an. Ordinance requiring a lifeguard to be present at times when they would
not otherwise be required.
The petitioner is requesting that if a lifeguard is required during operating hours, it should
be required by Ordinance applicable to all people and all subdivisions located within the
City of Carmel. It would also be a legislative act .taken by elected officials. The
petitioner is requesting that the imposition of the requirement be applied equally to
everyone. At present, Lakes at Hazel Dell is only one of two communities required to
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have lifeguards for pools that would otherwise not be required to have lifeguards under
State and County ordinances. The departments of the State as well as the County given
authority to regulate these types of activities have already made the determination that
pools of this size do not require lifeguards. In fact, there have been no mortalities
associated with pools of this size in Carmel since 1985.
There is an exception for pools with less ,than 2,000 square feet, and as previously stated,
this pool is 1875 :square feet and would therefore be exempt from regulation under State
code.
At this time, Mr. Scimia asked that materials presented and the proposed Findings of Fact
be incorporated into the file. Mr. Scimia also asked that if the City desires to regulate
this type of activity, it should be applicable to all subdivisions located within Carmel's
jurisdiction.
Mr. Scimia again requested that approval 'be granted to amend the Special Use approval
to delete the requirement that a lifeguard be present at all times the swimming pool is
open.
Pat Rice asked John Molitor if additional time could be allotted to review the materials
distributed this evening.
John Molitor said there is certainly some case law that relates to this sort of argument..
Mr. Scimia is suggesting that making a commitment of this nature is a quasi-legislative
act and should be reserved for the City Council. There is some case law to that effect,
however, it is not directly on the swimming pool rule. However, it is an argument that
would deserve some consideration.
Members of the public were invited to speak in favor of or opposition to this petition; no
one appeared.
Department Report: Steve Engelking stated that the Department had not had_ an
opportunity to review the materials submitted this evening. The Department
recommended that this item be tabled until the materials can be reviewed.
The public hearing was then closed.
Michael Mohr requested back up material for the reasoning behind the previous decision
made at the time of the Special Use approval by the Board of Zoning Appeals.
Leo Dierckman asked that the efforts of the petitioner to secure a lifeguard be
documented to the Board.
Earlene P.lavchak echoed Leo'Dierckman''s comments; there are a number of lifeguards in
Ms. Plavchak's neighborhood. Secondly, the economic concerns of the petitioner are not
the concern of this Board.
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Leo. Dierckman: moved. to TABLE SUA- 88 -00, Lakes at Hazel.Dell Subdivision, Section
1,, to the October meeting, seconded by Michael Mohr.. APPROVED 4 in favor, none
opposed,
l lh-16h. Keystone Square - Arby's (V- 108 -00; V- 109 -00; V- 110 -00; V- 111 -00; V-
112-00;: V- .113 -00)
Petitioner seeks Developmental Standards Variances of Sections 25.7.02 -7(b):
Number and Type of sign; 25.7.02 -7(c) Maximum Sign Area; and 25.7.05:
Maximum size of Fast'Food Drive- Through Service-Menu Sign.
Filed by E. Davis Coots of Coots Henke & Wheeler for RTM Mid America -
Arby's.
Dave Coots, 255 East Carmel Drive, Carmel, appeared before the Board representing the
applicant. Mr. Bill Moorman of Arby's was also present. The petitioner is seeking to
install 70 square .feet of signage; less than allowable under ordinary circumstances but
because it is a. specia_1 use under a five acre site, it is ;restricted to 10 square feet of
signage.
The site :of the new Arby's, is at Carmel Drive and Range Line Road, previously the Long
John Silver's Restaurant, Elevations were presented of they building. An Arby's sign will
be above the windows toward the south edge of the building,, The lettering is 3 feet high,
8 feet long, 24 square feet; `T-he petitioner also seeks to install inside the atrium window
the Arby's logo, the '10 gallon hat that has the "Arby's" wording across the hatband. The
lettering will be maroon with black,. encased letters; this signage will be duplicated on the
south elevation, the�Carmel Drive elevation.
The petitioner -is also requesting that the Board grant a .size variance from the ordinance
permitted menu board. The ordinance permits 17 square feet-, the petitioner is requesting
19.22 square feet, with `7 foot square wings on either side of the menu board that angle
toward the center: The menu board is located ion the driveway at the north side of the
building and faces the north parking area; the immediate neighbor to the north is Party
Time Rental, and the, board' will -.not be visible from Range Line Road or from Carmel
Drive.
Members, of the public were invited to speak in favor of or opposition to the petition; no
one appeared.
Department Report, Steve. Engelking. Given the circumstances of this special use and
that all aign4ge over' and above, the minimum required must :come through this process,
the Department, °i _s recommending approval of two signs per frontage toward Carmel
Drive .and' Range Line, Road. However, with regard to the logo "hat," it is a neon sign
and the Department is requesting that this sign be backlit similar to the sign on the
outside of the building. This has previously been discussed with the petition.
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