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HomeMy WebLinkAboutBZA 01-27-20City of Carmel 1 Minutes Board of Zoning Appeals 1-27-20 Carmel Board of Zoning Appeals Regular Meeting Minutes Monday, January 27, 2020 Members Present: Alan Potasnik - President Brad Grabow - Vice President Kent Broach Leo Dierckman James Hawkins Staff Present: Angie Conn Mike Hollibaugh Joe Shestak Legal Counsel: John Molitor Time of Meeting: 6:00 PM Declaration of Quorum, Swearing-in of Members, and Officer Elections: • Election of President: (Alan) - Motion by Brad, seconded by Leo. Approved 5-0 • Election of Vice President: (Brad) - Motion by James, seconded by Leo. Approved 5-0 Approval of Minutes of Previous Meeting: A Motion made by Leo and seconded by Brad to approve the minutes from January 9, 2020 Special BZA Meeting. Approved 5-0 Communications, Bills, and Expenditures: John Molitor • Senate Bill 100 is pending. It states if there’s a non-conforming structure that is damaged by storm or fire that it can be rebuild, if the non-conformance is not expanding. If this State law is passed, it would override the City’s Ordinance. Reports, Announcements, Legal Counsel Report, and Department Concerns: Angie Conn • Hearing Officer item, Docket No.19100024 SE, Westrick Short Term Residential Rental has been tabled to the Feb. 24 BZA Hearing Officer meeting due to their public notice error listing 6pm as the meeting time. Public Hearings: Alan: Who wishes to speak tonight in favor or against this petition? 13 people raised their hands. Explained the Rules of Procedure for a public hearing. (SUA) Islamic Life Center Amendment. The applicant seeks the following special use amendment approval for a place of worship on 14.78 acres, to mostly shift the west parking to the north side of the building: 1. Docket No. 19090001 SUA UDO Section 2.03: Permitted Uses, Special Use required for Church/Temple/Place of Worship. The site is located at 14120 & 14138 Shelborne Rd. Zoned S1/Residence. Filed by Paul Reis & Kevin Buchheit of Krieg DeVault LLP on behalf of Al Salam Foundation, Inc. Petitioner: Paul Reis: • With me tonight are the project architect, members of the Al Salam Foundation, and Kevin Buchheit • This presentation is the fulfilment of the 6 commitments that were presented to the BZA in Feb. 2018 • No new buildings built in the 9-acre parcel to the north, which lies north & west of the south boundary line of the pipeline easement that runs northeast through this 9-acre parcel (presents aerial photo of subject property) • The petitioner will prepare and file an application to allow for a special use, place of worship, on the 9-acre 2 Minutes Board of Zoning Appeals 1-27-20 parcel to the north • Will prepare a revised site plan, which will relocate the parking west of the drive on the west side of the 5-acre tract onto the 9-acre tract, south and east of the pipeline easement • A fence was to be constructed along the west property line (presented pictures of fence and landscape buffer). These were installed in the fall of 2019. • No outside speakers will be used for the call of prayer • Entrance canopies have been added to the north and south sides of the building. There will no longer be an entrance on the west side of the building, so people will only enter from the north and south. • The screened dumpster location has been relocated to the southeast corner of the north parcel. This is the farthest away from the residential areas to the west. (presented a design of the dumpster enclosure) • Presented an image of the identification sign that will be along Shelborne Road • The footprint and size of the building will remain as approved. It’s exactly located where it was presented. • Read the 5 items stated in the Petitioner’s Findings of Fact Public Comments: Caleb McCormick, NE Carmel: This is just simply just an extension of the property. The entrance is being moved away from the property line that is closest to the adjacent neighborhood. This will help with privacy. Nadeem Ikhl-que, Windsor Grove: In support. These are basically the steps as a fulfillment we made in the commitments. We wanted to make sure we followed each of the required steps. Bruce Garrison, Northside of Carmel: In support. My church works with the Al Salam Foundation. I fully support the parking lot being moved. They want to work with the Carmel community. Khalid Mahmood, Weston Ridge: In support. We are here to show our commitment. Our attorney has presented our case and all the fulfilments are completed. We will work in a positive way with our neighbors. Ashhar Madni, Main St. & Towne Rd.: In support. We are following the commitments. Our parking has moved from the west side to the north side. We installed a fence and landscape. This will help eliminate the light and noise. We will be sensitive to the needs of the nearby neighbors. Ali Khan, West Carmel: In support. They will make a wonderful neighbor. Salvatore Pappalardo, 3650 W. 141st Street: I am directly adjacent to the subject property. There were comments that property values wouldn’t decrease. Well I can’t sell my house. I have had no offers. I had to pull it off the market. If anyone wants to buy to my house, please contact me. Greg Pellicone, Overbrook Farms: I have to live with the consequences, good and bad. The parking lot adjustment is an improvement from the previous site plan. What is the comprehensive site plan for the entire property? I want some transparency. David Reeves, Overbrook Farms: My property backs up to the 9-acre plot and overlooks the 5-acre property. You should require the residential portion of the property, to remain residential. Margaret Gordon, 121st and Shelborne: We are in support. We have seen a lot of changes in this area. A Lutheran Church, Jewish Temple, and a Greek Orthodox Church. We have not experienced any problems with noise or traffic. Tahir Mahmood, Overbrook Farms: In support. They have made significant efforts to preserve the greenspace areas and to be sensitive to the neighbors. Woaqar Hasan, Zionsville: In support. We have agreed to the commitments that were previously presented to the BZA Asad Ullah, West Carmel: In support. My children are very excited for this. Fahad Javed, 116th & Shelborne: In support: The parking lot is being moved is a positive improvement. 3 Minutes Board of Zoning Appeals 1-27-20 Arif Kheir, The Preserve at Bear Creek: In support: I was excited when they decided to be here in Carmel since we previously didn’t have a Mosque in Carmel. Ashraf Saeed, West Carmel: In support. I would like invite everyone to come to our potluck dinners on Friday. Ahmad Alamine, Indianapolis: In support. I believe in this area, and this is exactly what we are looking for. Please approve this last piece of the project. Tom Chandler, West Carmel: I submitted a letter and have additional comments. I live .25 mile from the site. Can you address the southwest portion of the northern parcel? How’s the parking going work with 107 parking spaces (4 passengers per car = 428 attendees) for a building with the capacity of 350 people? This intersection is dangerous. Sarfraz Ahmad, West Carmel: In support. Once the center is running, it will be open to all and faiths of the community. Jon Haskell, 14221 Shelborne Road: I live on the 6-acres just east of the property. What is the City’s plan for stormwater for this facility? There are drainage problems all along Shelborne Road. My fields get flooded. Has this been addressed? Is there a detention pond planned for this site? What’s the long-term plan? Rebuttal to Public Comments: Paul Reis: • Everything proposed tonight has complete fulfilled our requirements in our commitments to the BZA • Any future construction must come before this Board for Special Use approval. There’s no requirement now to provide a comprehensive plan. • The parking spaces provided is in full compliance to the ordinance • The stormwater issue is being taking care. The Department of Engineering must approve our drainage plan, or the site will not get constructed. There’s a retention pond on site. I do not know the future plans for Shelborne Road. Department Report: Angie Conn • The Petitioner pointed out their commitments from their 2018 Special Use (SU) proposal • The requirements for SU is spelled out in the Department Report • TAC has reviewed the project for parking, drainage, landscaping, lighting, and architecture. The Petitioner continues to work the TAC members with any comments they may have. • If this petition is approved tonight, as a condition, Staff recommends a full set of construction plans be reviewed and approved by the TAC • Staff supports the request to move the parking lot • North of pipeline will remain residential in nature • Staff recommends favorable recommendation of this petition with the condition listed above Board Comments: None A Motion made by Leo and seconded by James to approve Docket No. 19090001 SUA with the condition stipulated by the Department. Approved: 4-1, Potasnik (V, SUA) Carmel Elementary School Rebuild. The applicant seeks the following special use amendment and variance approvals: 2. Docket No. 19110013 SUA UDO Section 2.09 Elementary School Special Use requested. 3. Docket No. 19110014 V UDO Section 5.30 149 Parking Spaces required, 114 requested. 4. Docket No. 19110015 V UDO Section 5.39.C.4 Max. 3 sq. ft. traffic directional signs allowed, 7 sq. ft. requested. 5. Docket No. 19110016 V UDO Section 5.19.F Min. 25’ West Bufferyard width required, 12’ requested. 6. Docket No. 19110017 V UDO Section 1.07.E Transportation Plan Compliance, 90’ ROW Collector Street required, 56’ ROW Residential Street requested. 7. Docket No. 19110019 V UDO Section 2.04E Max. 35% lot cover required, 55% requested. The 16-acre site is located at 101 4th Ave SE. It is zoned R2/Residence. Filed by Ron Farrand of Carmel Clay Schools. 4 Minutes Board of Zoning Appeals 1-27-20 Petitioner: Brent Hite, CSO Architects: • This new school will replace the existing aging elementary school facility just south of Main Street at 4th Ave • The new capacity are 750 students and 80-100 staff members. This an increase of 500 from the previous building. • This will allow the district to maintain a standard capacity across the board at all the other elementary schools • The new school will be brought up to today’s building code standards and educational environments • The new school building will be built behind the existing school on the existing baseball fields • The existing building will remain in use and occupied during the duration of construction • The school district wanted ways to better connect the site to the surrounding areas • All site access will come through 4th Ave • We wanted to separate bus and parent/student vehicles to the best we could. Busses and service vehicles will take a separate service drive. Parents will turn southeast and drop of at the main entrance of the building. 76 double stacked cars are the max capacity at the pickup/drop-off area. • The Carmel Public Library development plan has not been finalized yet. We will coordinate with them when construction starts at both sites. There will be a connection drive to the east parking lot of the library. • Peak overflow parking can be provided by the library parking lot and the future library parking garage • The schools will redistrict after completion of the new school • Bus parking to the south has 12 spaces, and the bus lot will be gated • Service vehicle entry will be at the southwest end of the building. Service deliveries will be scheduled separate to the bus and parent pickup/drop-off peak times. • All mechanical equipment will be placed behind masonry screened walls • Construction is slated to start in March 2020, with 100% completion around Oct. 2021 • The extension of 4th Street along the west property line is part of the City’s future transportation plan. The entire ROW of this future street will be on the school’s property. There’s no immediate plan to build this street. • 149 spaces are required, and we are requesting 114. We will have overflow parking available at the library and high school. Public Comments: Carrie Gonzales, lives behind school field: The variance request will result in taking away greenspace. The school’s buffer zone is being cut in half. I ask to deny those requests. Aaron (Jennifer) Barker, 7 Lincoln Court: My daughter is a 3rd grade student. I’ve seen multiple plans on the positioning of the school. We want to accommodate the roadways and neighbors’ backyards. Turning it 45 degrees, takes away bufferyards. Deborah Newman, 198 Carmelaire Drive: I have concerns with the 25’ becoming a 12’ bufferyard. The new school will literally be in their backyard. I’m worried about the drainage will all the added hardscape. We currently have drainage issues. How are they going to be addressed? What type of buffers will be used? Thomas Shelburne, 301 Amys Run Court: My property backs up to the school’s baseball field. We have standing water when it rains. I would ask to deny the 12’ bufferyard request. John Kouns, 6 Lincoln Court: The neighbors are going to feel the negative effects during construction. The access drive for the buses will circle the entire property. They are trying to put a square peg in a round hole. I understand the needs and safety of the school. This design is terrible. The people who designed it do not live in this neighborhood. Deborah Carpenter, 10 Lincoln Court: My property abuts the SW corner of the school property. This will affect my property. Sight lines will be affected. The drainage is a real issue. The hardscape will affect this dramatically. I’m concerned for additional noise and light pollution. Is 4th street going to go through? There’s no room for this. Are they going to buy out the existing properties along this path? There has to be a better way. Kristina Cadden, 514 Lexington Blvd: My backyard backs up to the baseball fields. There’s standing water issues. The school buses will be very close to the homes. Rebuttal to Public Comments: Brent Hite • The setback requirement for the variance request is only in one location (points to map). The distance is 5 Minutes Board of Zoning Appeals 1-27-20 actually 68’. The City has asked us to give up the ROW for the future 4th Street extension. • The school district is not part of the City’s plans for the 4th street extension • The drainage issue has been brought up in the community meetings. The current drainage just runs off the existing school’s campus. The new development will retain as much as possible and reroute the stormwater to a detention area. The school district can’t improve the adjacent properties drainage issues but will improve the drainage on the school’s property. Department Report: Angie Conn • The TAC has reviewed the drainage, landscaping, architecture, traffic flow, and utilities. No mayor issues were addressed by TAC. The Petitioner will continue to address any outstanding comments made by TAC. • The thoroughfare plan requires a 90’ wide street ROW. The petitioner is requesting a 56’ wide ROW, which falls into a residential street category. • The larger directional signage will improve safety on the site • The west bufferyard is related to the one corner of the building, as a setback to the future street ROW • Ample landscaping will be planted around the perimeter of the building • The petitioner has been working with the Engineering Department regarding the stormwater drainage • Staff recommends positive consideration of the Variances and SU with the condition that the school comes to a final agreement with the City Engineer in regarding of the construction of the 4th Ave SE future street Board Comments: Leo: What’s the plan with 4th Street? Does it just dead end there? Angie: A future 4th street would eventually run south from Main Street to City Center Drive. The City could purchase the homes along this route. The City would prefer this road to be built now. Leo: Why can’t the school set aside the funds for this? Does the School District want to build this street now? Ron Farrand: We would prefer to not to construct the street but commit to pay our portion into the street funds. We understand our obligation and would work out some commitment. Leo: My motion would not include the construction of this future street right now, but to contribute to the future funds of this street. Does the Engineering Department want this built right now? Mike Hollibaugh: The Engineering Department wants this street built. This project will help jumpstart the long-term thoroughfare plan. Leo: My motion will include they will not build the road until the road is fully constructed, but they will help contribute to this road. We don’t want the improvements to be sitting there for 10 years. John Molitor: It would be the condition they would not construct the road but could commit in setting aside the funds for the future street buildout. Leo: I want to hear what the petitioner’s thoughts are. Ron Farrand: We are willing to make that commitment when the road is built. We are willing to make whatever deal it takes with the City. Brad: With the parking issue, tell me about current student population, and employees. How will 114 spaces work out? Ron Farrand: We have been in discussions with the Carmel Public Library, Mayor’s Office, and Planning Department. We will include the library for our overflow parking. More than adequate for our daily needs. Brad: What about parking for a large event, let’s say 200 some cars show up. That’s 86 over the proposed amount. The library’s parking garage hasn’t been built yet. Ron Farrand: The Carmel High School parking lot is a block away. For significant crowds, we can provide shuttles to direct them to another parking lot. Brad: Can you explain the pedestrian connectivity of sidewalks around the school’s campus, library, and high school? Ron Farrand: We have sidewalks that connect to all directions around campus. They will connect to the existing sidewalks of the library, Main Street, and 4th Street. Kent: Can you explain the Landscape Plan? Brent Hite: The UDO has certain landscape and buffer requirements that we are all in compliance with. We worked with the City’s Urban Forester, Darren Mindham. Darcy Fower, Landscape Architect: We will keep the existing vegetation and add a few more trees. There are overhead utility lines that creates a problem for landscaping. We will plant additional shrubs and oriental trees, with lower shrubs in the parking lot to block car headlights. We will line the northern and eastern borders with evergreens that will provide a nice buffer. Alan: Will any new school construction affect the drainage to any of the off-site properties? Angie: Engineering Department reviews the drainage. They abide by strict requirements for drainage per the City code. A Motion made by Leo and seconded by Jim to approve Docket No. 19110013 SUA. Approved: 5-0 6 Minutes Board of Zoning Appeals 1-27-20 A Motion made by Leo and seconded by Jim to approve Docket Nos. 19110014-17 V and 19110019 V with the Condition s for Docket No. 19110017 V: The Petitioner does not need to construct 4th Ave SE at this time; instead they will contribute monies for what it costs to construct their portion of the road, into the Non -Reverting Thoroughfare Fund (either paying now, or committing to paying later, at a time when the Carmel Engineering Dept. constructs 4th Ave SE all the way down to City Center Dr.) Docket No. 19110014 V: Approved 5-0 Docket No. 19110015 V: Approved 4-1, Grabow Docket No. 19110016 V: Approved 5-0 Docket No. 19110017 V: Approved 5-0 with Conditions (listed above) Docket No. 19110019 V: Approved 5-0 Meeting adjourned at 7:52 p.m. ______________________________ ______________________________ Alan Potasnik – President Joe Shestak – Recording Secretary