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HomeMy WebLinkAboutMinutes BZA 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.