Loading...
HomeMy WebLinkAboutMinutes TAC 03-16-16Page 1 of 6 WWW.CARMEL.IN.GOV ONE CIVIC SQ. CARMEL, IN 46032 (317) 571-2417 CARMEL TECHNICAL ADVISORY COMMITTEE MEETING MINUTES Date: Wednesday , March 16, 2016 Place: Dept. of Community Services Conference Room, 3 rd Floor, Carmel City Hall. Time: 9:00 a.m. ( Approximate start times for each item are listed below .) 9:00 a.m. Docket No. 16020007 SP: The Sanctuary at 116th Street, Section 2B, Secondary Plat & Construction Plans. The applicant seeks administrative approval to plat 10 lots on 7.18 acres. The site is located at approximately 4455 W. 121 st Street and is zoned S-1/Residence-ROSO III. It is located east of Section 4B and west of West Rd. Filed by Lori McElroy of CESO, Inc., on behalf of Sanctuary Project I, LLC. Docket No. 16020008 SP: The Sanctuary at 116th Street, Section 2C, Secondary Plat & Construction Plans. The applicant seeks administrative approval to plat 14 lots on 5.35 acres. The site is located at approximately 4351 W. 121 st Street and is zoned S-1/Residence-ROSO III. It is located east of Section 2B and east of West Rd. Filed by Lori McElroy of CESO, Inc., on behalf of Paul & Shelley Shoopman, landowners. Justin Elam and Lance Oakes with CESO presented the project. Mr. Elam said regarding Section 2B, the developers are seeking final approval for the remaining 10 lots and finishing the boulevard through the subdivision. For Section 2C, Mr. Elam said the agreement calls for the developers to complete the engineering for this area, which includes bonding the areas the developer owns, as well as completing the work on both sides of the road. Angie Conn – City of Carmel Planning & Zoning - Review comments sent about a month ago. One of the main comments was regarding the path along 116 th Street. The department needs to know who is to be held responsible for this path. Mr. Elam said he also did not know who was responsible for this, but the developer was under the impression that their contributions to this have been complete. Ms. Conn said some of the bonds were for the street only and not the path, so this could potentially become an issue at a later time. Mr. Elam reiterated that the developers would like to work with the City to make sure everything is completed correctly. Ms. Conn said both parties may need to involve Paul Shoopman into the discussion. Greg Hoyes – Hamilton County Surveyor’s Office - Comments sent. Mr. Hoyes said both of these sections had previously been approved back when Section 2 overall was approved. He added that this has already been through the drainage board, so there are only a few procedural items left. Trent Godsey – Duke Energy - Mr. Godsey said this project is being reviewed by Duke’s Subdivision Group but there is already an overall approval for this project, so there most likely will not be any major concerns. Daren Mindham – City of Carmel Urban Forestry - Review comments sent. The main concern was that there are no plans for 2C. Mr. Mindham said when these plans are finalized, they will need to be submitted separately from any previously approved sections. Alex Jordan – City of Carmel Engineering Department - Mr. Jordan said Section 2B was reviewed by Crossroads Engineering and comments were sent March 1. Mr. Jordan said comments have been issued for 2C so the department will just wait for the revised plans. Page 2 of 6 WWW.CARMEL.IN.GOV ONE CIVIC SQ. CARMEL, IN 46032 (317) 571-2417 Mr. Elam said regarding the landscape islands in the parking lots, some of the plans showed the islands and some did not show the islands. Mr. Jordan said the department typically does not allow common area within the right-of-way. Mr. Elam said the developers will be happy to do whatever the department wants. Ryan Hartman – Clay Township Regional Waste - Comments sent March 1. No additional comments. Nick Mishler – City of Carmel Building Permits - No comments. Alexia Lopez – City of Carmel Planning & Zoning - No comments. Bill Hohlt – City of Carmel Deputy Building Commissioner - No comments. 9:25 a.m. Docket Nos. 15120014 SUA & 15120015 V: Oak Hill Mansion, 2,820 sq. ft. Building Addition. The applicant seeks Special Use Amendment from Ch. 21.05, expansion of Special Use over 10% allowed – 25% requested; and variance approval from Ch. 27 for reduced number of parking spaces. The site is located at 5801 E. 116 th Street, and is zoned S-1/Residential and Special Flood Hazard Area. Filed by David Kingen and Justin Kingen of Neighborhood Downtown Zoning Assistance, Inc. on behalf of Early Events, LLC. Erica Stephenson with MAWR Design, Justin Kingen with NDZA, and Scott Szentes with Silver Creek Engineering presented the project. Mr. Kingen said this addition will be roughly 900 square feet in size, so it exceeds the 10% allowable building space without a special exception. Mr. Kingen said he believes they will meet the parking requirements, so they will not need to seek a variance for parking. Angie Conn – City of Carmel Planning & Zoning - No comments. Greg Hoyes – Hamilton County Surveyor’s Office - This project does not fall in a regulated drainage watershed so the department does not have comments. Trent Godsey – Duke Energy - Mr. Godsey asked if the plans call for an alteration of electrical service. Mr. Kingen said the electrical will not be changed. Daren Mindham – City of Carmel Urban Forestry - Mr. Mindham asked for a site plan showing how the landscaping will be affected. Alex Jordan – City of Carmel Engineering Department - Mr. Jordan said there was a meeting on February 29 and most of the issues were solved. Department is awaiting the final plans. Ryan Hartman – Clay Township Regional Waste - This project falls outside CTRWD service area. Nick Mishler – City of Carmel Building Permits - Mr. Mishler asked if the developers have received flood zone approval from DNR. Mr. Kingen said they have a letter from them, and the City of Carmel has indicated that the fill will need to be balanced out. Mr. Mishler said if the developers have any questions, they can contact the Building Commissioner Jim Blanchard, who is the flood administrator for the City of Carmel. Alexia Lopez – City of Carmel Planning & Zoning - Ms. Lopez asked if the developers can receive a copy of the letter from DNR for the file. Also, Ms. Lopez Page 3 of 6 WWW.CARMEL.IN.GOV ONE CIVIC SQ. CARMEL, IN 46032 (317) 571-2417 asked if the developers have a total number of occupants for the building. Mr. Kingen said there is a sign in the building that says maximum capacity is 499, but that is just seating capacity. Mr. Kingen said he believes the building can hold as many as 800-900 people, and that is only interior. When the outdoor space is included, you could even add an extra couple hundred people. Mr. Kingen added that the existing outdoor deck area is 4000 square feet. Mr. Kingen said the developers will update the plans to add bike racks. Ms. Lopez asked if any of the existing parking will need to be removed. Mr. Kingen said they will lose about 36-40 spots, which will drop the total from approximately 200 down to around 160 or 165. Ms. Lopez added that the developers will need to provide 9 packets for the BZA meeting. Bill Hohlt – City of Carmel Deputy Building Commissioner - Mr. Hohlt asked if there are enough spaces for accessibility parking, since this will be checked at final. Mr. Kingen asked what the total number will need to be. Mr. Hohlt said he can look up this information. 9:35 a.m. Docket No. 16030002 SU: Shelborne Rd. Private Event Venue/Barn. The Petitioner seeks BZA Special Use approval for a Private Event Venue/Barn, from Zoning Ordinance Chapter 5.01 – Permitted Uses. (The Petitioner might also seek Variance approval to have an existing sign be located in the street right of way.) The site is located at 11500 Shelborne Road and is zoned S-1/Residence. Filed by Fay Duffner, owner. Property owner Fay Duffner presented the project. Ms. Duffner said the property is six acres along Shelborne Road just south of 116 th Street. Ms. Duffner said they hold many large parties, and friends have asked if they can rent the space. Angie Conn – City of Carmel Planning & Zoning - No comments. Greg Hoyes – Hamilton County Surveyor’s Office - No comments or concerns. Trent Godsey – Duke Energy - Mr. Godsey asked if there are any plans to update the service. Ms. Duffner said this work has already been done. Mr. Godsey said there will be no additional requirements. Daren Mindham – City of Carmel Urban Forestry - No comments. Alex Jordan – City of Carmel Engineering Department - Mr. Jordan said John Thomas issued comments previously. John Thomas – City of Carmel Engineering Department - Mr. Thomas said the response he received to his original comments didn’t address the items laid out, so he sent a more concise list. Mr. Thomas said for the drive connection to Shelborne Road, approval would be required from the Board of Public Works. Ms. Duffner said the driveway was existing when the property was purchased over three years ago and there are no drainage problems, and asked why the driveway would need to be replaced. Mr. Thomas said the driveway previously received temporary construction entrance approval from the BPW and asked if she has received permanent approval. Mr. Thomas said anytime a property owner connects to a thoroughfare road, they are required to gain approval from the Board of Public Works. Mr. Thomas added that typically for a lot like this it would not be an issue, but the property owners would still need to go through this process. Ms. Duffner asked why this was required, since this was only brought about by the application for this permit. Mr. Thomas said anytime a permit is applied for, it will trigger that the property will need to be brought into compliance. He added that the permanent drive cut request is simply a letter to the Engineering Department and the Board of Public Works, and then the item would be placed on the BPW agenda with the Department’s support or disapproval. Ms. Duffner said the width of the driveway is due to the busy intersection and the safety of the mowers who, Page 4 of 6 WWW.CARMEL.IN.GOV ONE CIVIC SQ. CARMEL, IN 46032 (317) 571-2417 if the driveway was narrow, would pull into the oncoming lane of traffic. Mr. Thomas said if they would like to vary from the maximum allowable entrance width, it would require a variance. Ms. Duffner said driving around town, there are many entrances that would be considered violations. Mr. Thomas said at this time, this specific property is being discussed, and other properties can be discussed as they come up. Ms. Duffner said this is discrimination if she has the same thing as someone else, but the City is telling her she will need to change. Mr. Thomas said the property owner is coming to the City for approval, so there are requirements that will need to be met. Ms. Duffner said the City is telling her she will need to do $25,000 worth of work, and she does not see the need for this. Mr. Thomas said traffic entering and exiting the property on a gravel road will break down the integrity of the roadway, so the concrete is required to maintain the structure of the roadway. Ms. Duffner said there is a church down the road with a gravel entrance, as well as many others in the area. Mr. Thomas said if that church came to the City to apply for an improvement, change of use, or any kind of use variance, they would also be required to bring their property up to code. Ms. Duffner said she is not going to spend the money to install a concrete drive and added that she pays a lot in taxes. Mr. Thomas said another item is the structure in, or very close to, the right-of-way. Ms. Duffner said this item is a flower box and is outside the right-of-way. During events, she said a vinyl sign is placed on the box that says private event. Ms. Duffner said the City removed this sign and ruined it, costing her $400. Mr. Thomas said the department needs to discuss the dedication of the right-of-way along Shelborne Road so there can be improvements to this area. Mr. Thomas said this frontage would need to be dedicated in order to gain approval for the variance. Ms. Duffner said she mows and maintains this area and asked what zoning law allows the City to take this property. Ms. Lopez said Chapter 2 of the zoning ordinance says any project that comes through, such as a use variance, a regular variance, a development plan, or special use, the project would need to comply with the Comprehensive Plan. Ms. Duffner said this property would need to be taken by eminent domain. She added that concrete work is extremely expensive and the reason the neighbors across the road added an entrance to their driveway was because it was for their main entrance. Ryan Hartman – Clay Township Regional Waste - Mr. Hartman said CTRWD does not have any record that the bathrooms inside the barn have been permitted. Mr. Hartman said what he would suggest is for another pump to be added and the system from the current house. Ms. Duffner said there is already a pump for this additional building. Mr. Hartman said the Department would like to come out to the property to inspect the lines since this was never permitted. Ms. Duffner said this line goes straight to the sewer and there has never been a problem. Mr. Hartman said for the bathrooms to be in compliance, they would need to be permitted. Ms. Duffner said if this is the case, she will use portable restroom facilities instead. Mr. Hartman said if the bathrooms are to be used, they would need to be inspected to see how they are tied into the system. Ms. Duffner said the two pumps are tied together and she does not see an issue. Mr. Hartman said this potentially could be an issue if one pump were to be overloaded. Mr. Hartman said the Department also has an Inflow & Infiltration program so this would need to be checked as well, to make sure ground water does not seep into the system, which CTRWD would eventually have to treat. Ms. Duffner said she has a well and these systems are not mixed, and added that problems are being created that currently don’t exist. Mr. Hartman said the goal of the inspection would be to make sure these problems don’t exist. Nick Mishler – City of Carmel Building Permits - Mr. Mishler said with this project being commercial use, it would most likely require State of Indiana approval. Ms. Duffner said this is not a commercial use, but rather friends of hers that would like to have a party. She added that this is not a storefront and not a public space. Mr. Mishler said it was previously indicated that Ms. Duffner was charging for these events. Ms. Duffner said the people paying to use the space are her friends and the use is not commercial because these are people she knows. Ms. Duffner said assuming this is commercial use, she would like to know why it would need to go to the State. Mr. Mishler said every commercial project or change of use would need to get approval from the State of Indiana Department of Homeland Security. Ms. Duffner said she previously ran a surgery center with fewer problems than this. Page 5 of 6 WWW.CARMEL.IN.GOV ONE CIVIC SQ. CARMEL, IN 46032 (317) 571-2417 Alexia Lopez – City of Carmel Planning & Zoning - Ms. Lopez said the Department received the Special Use and Variance application and she will provide these docket numbers to the petitioner. Ms. Lopez asked how many parking spaces were on site. Ms. Duffner said there is space for around 30 cars. Bill Hohlt – City of Carmel Deputy Building Commissioner - Mr. Hohlt said Ms. Duffner’s email from several weeks ago indicated that the barn would host weddings and parties. He also said the barn would require ADA accessible restrooms. Ms. Duffner said she will not be using the restrooms. Mr. Hohlt said regardless of whether the restrooms will be used, they have never been permitted, and therefore would need to be inspected. Ms. Duffner said the restrooms were already there, she just made them larger. She added that since this is a private space and not public, she does not believe ADA requirements apply. Mr. Hohlt said the Department will let the State of Indiana decide what the requirements will be. Ms. Duffner said at Bub’s on Main Street, the restroom is right next to the kitchen and it is not ADA compliant. Also, she said there are ten buildings in Old Town that are not compliant. Ms. Duffner reiterated that this is discrimination in that she is being held to a higher standard than others in Carmel. Mr. Hohlt asked Mr. Mishler if the barn was originally permitted. Mr. Mishler said he will need to research. Ms. Duffner said the barn was there when the property was purchased. Mr. Hohlt asked if Ms. Duffner has contacted the Carmel Fire Department. Ms. Duffner said she has, and the Department did not have a problem. She added that there is a fire department right down the street. Mr. Hohlt asked if Chris Ellison at the Carmel Fire Department had expressed concern with fire apparatus trying to pull onto a gravel drive. Ms. Duffner said she will not be spending the funds that will be required to pave the driveway, and added that the process seems ridiculous. Ms. Lopez said the process may seem complicated, but anytime a person is not going to use their property only for single-family residential, this is the process they would go through. Ms. Duffner said this is her private property and she can do whatever she would like on the property, and added that if these are the requirements, she will host these events for free. Ms. Duffner asked Ms. Lopez if she had done concrete work in the past to know how much it would cost. Ms. Lopez said no, but asked if Ms. Duffner has received quotes for the concrete work. Ms. Duffner said she used to be a civil engineer, and has done concrete work before, including pouring slabs in other states so she knows what she would be required to spend. She said the current gravel driveway functions just fine. Ms. Duffner wanted to state for the record that it is not right for the City of have these requirements, and said the City is holding her to a higher standard than other property owners. Ms. Lopez said these are actually the same standards to which others are held. Ms. Duffner said she could find 100 examples where people haven’t had to adhere to these requirements, and those are real businesses where people with wheelchairs would go. She said it’s not likely anyone in a wheelchair would have to access her property. Ms. Duffner said she used to be both a civil and environmental engineer, and has worked with many planning departments, including San Francisco, which is notorious for their stringent rules. She said there is no environmental impact, but rather just a field with drains. Ms. Lopez said the petitioner has received comments both written and verbal, and will now need to go to the BZA. Ms. Duffner said there is no reason to go to the BZA because she does not have a budget to invest in this, and she does not want to spend $2,000 for a zoning permit that she will probably not be able to get. Ms. Duffner wanted to add that this entire process started with someone taking her sign rather than leave her a note. She said there are illegal signs along 116th Street. Mr. Hohlt said the Department of Community Services pulls illegal signs on the weekends and during the week, including signs in the right-of-way and roundabouts. Ms. Duffner said the only time she left up a vinyl banner this winter was when there was a blizzard. Mr. Hohlt said we did not have a blizzard this winter. Ms. Duffner said school was cancelled one day this winter. Mr. Hohlt said there was only one day this winter that was a 2-hour delay, but there were no days cancelled. Mr. Hohlt said if signs are in the right-of-way, the Department will pull them. Ms. Duffner said people have given her positive feedback regarding her flower box, and it is not in the right-of- Page 6 of 6 WWW.CARMEL.IN.GOV ONE CIVIC SQ. CARMEL, IN 46032 (317) 571-2417 way. Mr. Hohlt asked Mr. Thomas if he could confirm that this is not in the right-of-way, and added that it is between Shelborne Road and the telephone poles that line the street. Ms. Duffner said she was told by Inspector Brent Liggett that anything in the right-of-way could be hauled away. Ms. Lopez said the City has given the petitioner the requirements to get the property in compliance. Ms. Duffner said she will not be tearing up her driveway. Mr. Thomas said as of right now, the driveway is not in compliance. Ms. Duffner said this has truly become a situation of harassment. Mr. Hohlt said regardless of whether Ms. Duffner decides to pursue the Special Use approval, she would be required to permit the restrooms and barn, per state law. Ms. Duffner said she does not need to let anyone on her property. Mr. Hohlt said in her previous email, Ms. Duffner indicated that she renovated these restrooms to make them ADA accessible. Mr. Mishler asked Mr. Hohlt if the Department would be willing to waive the building permit fees. Mr. Hohlt said he would agree that the fees for the building permit would be waived. Ms. Duffner said it is incredibly expensive to maintain the property and said the neighbor on the other side of the berm does not maintain his property. There is also a property down the road with a wood pile and a yard that is not maintained.