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Carmel Board of Zoning Appeals
Regular Meeting Minutes
Monday, September 23, 2019
Members Present: Kent Broach
Leo Dierckman
Brad Grabow-Vice President
James Hawkins
Alan Potasnik-President
Staff Present: Angie Conn
Mike Hollibaugh
Joe Shestak
Legal Counsel: John Molitor
Time of Meeting: 6:00 PM
Approval of Minutes of Previous Meetings:
A Motion made by Brad and seconded by Leo to approve the minutes from Aug.26, 2019 BZA Meeting. Approved 5-0
Communications,Bills,and Expenditures: Angie Conn:
• Badger Fieldhouse, Docket Nos. 19070013-14 in regarding to the signs have been withdrawn from their petition.
Reports,Announcements,Legal Counsel Report,and Department Concerns: None
Public Hearings:
(V)Valvoline Instant Oil Change—US 421.
The applicant seeks the following development standards variance approvals:
1. Docket No. 19070017 V UDO Section 3.99 Min.2500 sq.ft. gross floor area required,2077 sq.ft.
requested.
2. Docket No. 19070018 UDO Section 3.95.F Vehicle stacking in the rear allowed,stacking in the front yard
requested. The 0.98 acre site is located at 9835 Michigan Rd. and is Lot 1A of North Augusta subdivision. It is
zoned B3/Business, within the US 421 Michigan Road Overlay Zone. Filed by Richard Gallegos, III of
Valvoline, LLC.
Petitioner: Brian Cross,Civil Site Group, Inc.
• Presented an aerial view
• We were heard in the front of the Plan Commission last week for DP/ADLS
• Presented a site plan
• In 2018, we presented a different proposal for this site
• There are restriction access and easement agreements set by the West Carmel Marketplace
• Access from the rear by way of Walnut Creek Dr.This was dedicated in 2016 as a public access easement
• Presented building elevations. Three drive up bays will be used.
• Building Signage will be facing Michigan Road and Walnut Creek Drive
• Front yard car stacking is not allowed per the Ordinance. Nearby Prime Car Wash on Michigan Road is very
similar to what we are proposing for our site layout.
• We worked with Staff on architecture and building placement. The easements created some difficulty.
• There will be a basement that will be used for storage,employee break room, and service area
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Public Comments: None
Department Report: Angie Conn:
• This parcel is one of the last vacant properties along the Michigan Road Corridor
• Staff supports their variance requests and recommend positive considerations of both variances
Board Comments: None
On a Motion ma
de by Leo and seconded by Jim to approve Docket Nos. 19070017 V& 19070018 V
Approved 5-0
(V)Franciscan Orthopedic Center of Excellence.
The applicant seeks the following development standards variance approvals:
3. Docket No. 19080001 V. UDO Section 2.40. Max. 18' accessory structure height allowed; 51' parking
garage proposed.
4. Docket No. 19080002 V. UDO Section 5.07.D.3. At least 2 primary buildings required; 1 multitenant
building and 1 parking garage proposed. The site is located at approximately 10800 Illinois St. The site is
zoned MC/Meridian Corridor. Filed by Robert Hicks of Hall, Render, Killian, Heath & Lyman, P.C. on behalf of
Meridian Development Services, LLC.
Petitioner: Robert Hicks,Hall Render, Heath & Lyman, P.C.
• Presented an aerial map, the property is located north of 106`h St., west of Meridian St., and east of Illinois St.
• There are two principal buildings and one accessory building planned for this site
• Presented a site plan,to show all three buildings-hospital, medical office building, and parking garage.
• This project is being presented to the Plan Commission for DP/ADLS approval
• The four level parking garage is 41'7" in height. The three story medical office building is about the same height.
• Presented a rendering of the parking garage
• We have received letters in remonstrance from the neighbors on the proposed height of the parking garage
• Presented a rendering of the sight view from Spring Mill Place
• We will plant evergreen trees between Illinois Street and the parking garage
• The light fixtures on the top level of the garage will be screened from view. The recessed lighting is being
designed to cut off any light spillage to the neighborhood to the west
• The garage lighting will be motion-detected
• We are trying to minimize the effect of the parking garage on the nearby neighborhoods
• If the garage were a principal building, we would not need a hearing or variance. Principal buildings should be no
less than 4 stories per the MC zoning district.
• The parking garage will be constructed to look like the primary building in terms of color and materials
• It's complicated to have two principal buildings at this location because of how the site is laid out,the wide width
of the lot,and there's a 60' wide underground pipeline that you can't build on
• There are number of easements located around the site which made it difficult for the site layout
• We can't do surface parking on this site because of the needs of the hospital and office building
• We determined 664 parking spaces are needed to accommodate all the current and future uses. 478 spaces is
required by the UDO.
Public Comments: None
Department Report: Angie Conn:
• The parking garage is designed to complement the primary building
• Staff supports the variance of the height of the parking garage
• The gas line easement creates a challenge for the site
• Staff considers positive consideration of both variances
Board Comments:
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Minutes Board of Zoning Appeals 9-23-19
Jim: Is any portion of the garage subterranean? Robert Hicks: Everything is above grade. There's a significant
amount of underground stormwater detention. Robert Harmeyer,MSKTD Architects: The existing soil conditions on
this site would make it difficult to build the garage underground.
Jim: How long will it take the trees to grow to the height depicted in the renderings? Robert Harmeyer: We plan on
planting 6'-8' trees in that location. The renderings depict what we expect the trees will look in 10-15 years. We also plan
on planting trees along the wall on the western side of Illinois Street. Kent: Are these plantings on raised berms? Robert
Hicks: Not on raised berms. We had meetings with the Urban Forester in regarding these plantings and the City agreed
with our plan. Brad: Who will be responsible for the maintenance of the plantings? Robert Hicks: The existing
plantings are in the City's ROW and are maintained by the City. Brad: Is the size of the trees you are purposing to plant
the size recommended by the Urban Forester? Robert Hicks: Yes
Brad: Is there any latitude in moving the garage and access road from 30' to the east? Robert Hicks: The adjacent
residences to the north will be in place for another year, so we are required to abide by the restrictions placed in the UDO.
Brad: What's the compliance for the setback and buffers for the homes across the street? Angie: They will have to go
through the rezone process. There are commitments in place. Brad: Are there additional variances needed for this?
Angie: It can get complicated but it's doable. Robert Hicks: We are limited to what can be placed on site because of
the gas line easements. If we start shifting the site plan, we lose connectivity.
On a Motion made by Jim and seconded by Kent to approve Docket Nos. 19080001 V& 19080002 V
Approved 5-0
(V,SUA) Badger Fieldhouse.
The applicant seeks the following special use and development standards variance approvals for a 152,000 sq. ft.
practice fieldhouse building and a championship outdoor soccer field at Badger Fields:
5. Docket No. 19060005 SU Amend UDO Section 2.03 Permitted Uses,Recreational Special Use required.
6. Docket No. 19060013 V UDO Section 2.04 Max.35' building height allowed,45' requested.
7. Docket No. 19060014 V UDO Section 2.04 Max.35% lot cover allowed,64% requested.
8. Docket No. 19060015 V UDO Sections 2.04,7.17,7.27 Lot frontage on a street required,No frontage
requested.
9. Docket No. 19060016 V UDO Sections 2.04,5.78.F Min.25' side yard building setback for semi-public
buildings required,20' and 11' requested.
10. Docket No. 19070012 V UDO Section 5.28.E Parking lot curbs required,No curbing requested.
11. WITHDRAWN- • • • • •
•
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12. WITHDRAWN- •
• • •
The 36-acre site is located at 5459 E. Main St. It is zoned S1/Residence. Filed by Ted
Nolting of Kroger, Gardis& Regas LLP, on behalf of Clay Township of Hamilton County and Carmel Dads'
Club Inc.
Petitioner: Ted Nolting,Kroger,Gardis& Regas LLP.
• We are in agreement to transfer 9.41 acres on the southern portion of the property to Clay Township. In return the
Township will construct a private indoor recreational facility to benefit Carmel Dad's Club activities
• We requested a SU for an indoor facility which is permitted in the S-1 district
• The lot coverage is in contingent with the City's approval of a subdivision replat approval
• The proposed fieldhouse will not be facing a street frontage and have no parking lot curbs
Matt Synder: President of Clay Township Board:
• The fieldhouse is part of a 19 project initiative called the Clay TWP Impact Program.
• This fieldhouse will be open to the public. A walking track will be included.
• Our Parks Dept. runs operates 102%cost recovery. We have cost recovery on all of our programs and structures
• All of the other projects have been approved and this is the last one to get approved. This is three years in the
making and we passed a resolution in December 2018
• There are drainage concerns from homeowners who border the south side of the property. We hear their concerns
and want to improve the drainage and help the adjacent homeowners
• We have the support of the church to the east, school system to the west, and two property owners to the south
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Minutes Board of Zoning Appeals 9-23-19
• We have four engineers that are doing drainage designs for the homeowners to the south. This area has the
oldest litigated wetland in the county.
Bill Payne, Project Executive and Architect:
• Presented a site plan
• The 450' of forest to the south with remain as is and will provide a buffer between the fieldhouse and Carrington
Woods Subdivision
• The new facility will be constructed where the two baseball diamonds exist just north of the woods
• 150 occupants will be allowed in the fieldhouse
• We are increasing the 330 parking spaces that currently exists on the east side of the property to 453 spaces.
• There will be a pathway to the Carmel Clay Schools
• The existing soccer fields will be developed into a championship field with cutoff lighting
• A new detention pond will be constructed
• Presented a floor plan. This facility is not meant for spectators, merely used for training and practices
• Presented the building elevations
• We will add additional landscape along Main Street
Public Comments:
Doug Deck,Carrington Woods HOA President: We are in support. We are the neighborhood directly south of this
facility. We are affected by the drainage of this. When there is a 20 year rainfall, the water in my backyard gets up to 4'.
We hired our own water engineer and attorney to work with them. We believe this will done in an appropriate water
engineering fashion.
Jim Inskeep, 5600 Ottawa Pass: I'm in support. I am the Athletics Director of CHS. This gives us an unbelievable
opportunity to our youth in our community. This is a wonderful thing to have right here in our community instead of
having families drive elsewhere for similar facilities. The increase of the light technology and the reducing of the light
spillage is more favorable now to the adjacent neighborhoods.
Steve Sailor, 5762 Meadowlark Place: I'm against this petition. I'm concerned with the increase of traffic. I don't
approve of placing this structure in the middle of a residential area.
Jack Beery, 13105 Franklin Hall Trail: I'm in favor. I'm the President of the Carmel's Dad's Club. 5,000 Clay Township
residents represent our Club. This process for this new facility started 5 years ago. We are seeing indoor facilities from all
adjacent communities and cities. This facility will allow our members to participate right here in Carmel.
Kristen Crawford, 5771 Osprey Way: I'm in favor. There are multiple benefits of youth sports. This indoor facility will
allow us to train during the winter months. This will be a community facility for a variety of recreational activities. We
are in need of this indoor facility and Carmel will benefit from it.
Bob Huser, 4843 Essex Court: Is 45' the maximum height allowed in the Ordinance?The plans I have looked shows the
building height at 49' 10.5". The traffic along Main Street is bad enough as it is. Something needs to be done to Main
Street to alleviate the traffic problems. .
Pat Lindley, 12985 Cricklewood Court: I'm in favor. I served on the Carmel Dad's Club Board of Directors. We created
a comprehensive plan addressing the future facilities needs for all sports programs offered by the Dad's Club. The
approval of this fieldhouse will assure the community's sustainability.
Sue Finkam, City Councilor: I'm in favor. I requested and required this to come through the BZA. It's important that
lights,traffic,and drainage are looked at.
Kevin Rider, City Councilor: I'm in support. The partnership of the TWP, Church, and City are great. They are helping
with the drainage issues of this entire area. The promises that have been made are going to be kept. The Dad's Club will
run this facility. I did not like their first proposal.This will bring the community together on the east side.
Rebuttal to Comments: Ted Nolting
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Minutes Board of Zoning Appeals 9-23-19
• A separate bond has been approved and funded for entrance improvements to this facility if required by the City
Engineering Department
• We have an occupant load of 440 people.Normally this facility's occupancy is at 150 people. 60%of this will be
under 16 years old-the driving age.
• A little over 49' is the peak of the roof but the UDO measures the height of the centerline of pitch which is 45'
Department Report: Angie Conn:
• Overall we are in support of the special use and variance requests
• The petitioner continues to address the outstanding comments with the TAC members
• There are continue discussions on the parking requirements. There might be a shared parking agreement with the
Carmel Clay Schools
• The landscape plan is still being reviewed
• Drainage will be improved and is still being reviewed by City Engineering
• Improvements to the traffic flow is being looked at
• It's a recreation use that is complementary to all the surrounding uses
• We recommend positive consideration on all Dockets listed with the condition the petitioner continue discussions
with each TAC member to address any of the remaining review comments
Board Comments:
Leo: Who are the fields named after? Steve Beery: Jack Badger had a son name Mark. Leo: Who will maintain the sign?
Steve Beery: We are working on improving the sign. Leo: Can we name it with his full name,Jack Badger? I want people
to know who this park is named after.Bill Payne: The name of the park will always be name Badger Park.The sign will
always be there. Leo: Are you willing to commit to naming this Mark Badger Fields? Steve Beery,Bill Payne: Yes.
Brad: Will noise be generated from the six mechanical units? Bill Payne: They will be screened in by walls on all sides
of the units to help deter the noise.
Brad: What's the drainage plan? Bill Payne: A detention pond will be constructed immediately west of the building,and
it will detain the water and exceed Carmel's requirements. Brian Stevens, Engineer: I was hired by the TWP to look at
the drainage at the school,church, Carrington Woods,and this site. It will exceed the City standards. It will meet the 10
and 100 year event. Brad: What's the direction of the flow of the drainage from this site? Brian Stevens: It splits to
the north to Main Street and to south through the Carrington Woods property into a 15"diameter pipe that is maintained
by the City of Carmel.
Brad: Are the current the light structures coming down? Bill Payne: Yes
Kent: It sounds like they are exceeding the City's requirements. Why has not the drainage being approved by the City
Engineering? Angie: They still need to do their final review of the report. They are looking at an area wide report as
well as a local site report.
On a Motion made by Leo and seconded by Brad to approve Docket Nos. 19060005 SU, 19060013-16 V,&
19070012 V with the following Conditions: 1.)Addressing all remaining TAC member review comments, including
Carmel Engineering Dept. 2.)The ground sign will remain and read Mark Badger Fields,and 3.) Seriously consider
naming the building 'Jack Badger Plex'.
Approved 5-0
Meeting jour ed at 7:41 p.m.
344'tk
Alan Potasnik—President J Shestak—Recording Secretary
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Minutes Board of Zoning Appeals 9-23-19