HomeMy WebLinkAboutDepartment Report 07-22-02 Department Report
Board of Zoning Appeals
July 22,2002
Page 10 of 16
L. New Business.
/— Emerald Crest at Hazel Dell Summit Amenity Area(SU-13-00)
The Department of Community Services seeks clarification of the Special Use approval
granted July 24, 2000, per Section 5.2: Permitted Special Uses in order to establish a
private recreational facility.
The site is located northwest of East 131St Street and Hazel Dell Parkway.
The site is zoned S-1/Residence - Low Density.
The Department has recently been contacted by residents in the Emerald Crest at Hazel
Dell Summit Subdivision regarding the landscaping installed in conjunction with the Amenity
Area approved by the Board of Zoning Appeals as Docket No. SU-13-00 on July 24, 2000.
The minutes of the July 24, 2000, meeting (see Exhibit A) show that the Motion for
Approval was subject to the Department's review and approval of the Landscape Plan,
maintaining Carmel standards.
The April 24, 2000, minutes (see Exhibit B), indicate that, among other issues, the Board
noted that the Landscape Plan needed attention. The petitioner then requested to be tabled to
address the issues raised. On June 26, 2000, the petitioner made a written request to be further
tabled to the July 24, 2000, meeting of the Board to allow review of the Landscape Plan and
other issues. At the July 24, 2000, meeting (see Exhibit A) the petitioner notes that the
Landscape Plan submitted to the Department and the Board that evening was, "the same plan as
previously submitted;" in other words, the same Landscape Plan they were directed to revise in
April.
To date, no revised Landscape Plan has been submitted to the Department for review and
approval. The Findings-of-Fact submitted by the petitioner and adopted by the Board state, in
part, that, "The Special Use will not injuriously or adversely affect the adjacent land or property
values because: Landscape and mounding buffers will be installed to reduce noise and view from
adjacent lots." The pool is open, and the April 2000 Landscape Plan has been installed (see
Exhibits C-J). There are no landscape or mounding buffers substantial enough to produce the
effects of noise and visual screening as described in the Findings.
The Department requests that the Board affirm the need for the petitioner to provide
landscaping consistent with the Findings adopted at the July 24, 2000, meeting, and clarify that
this shall be, at a minimum, consistent with the requirements of Section 26.4: Perimeter
Buffering Requirements for buffers between single-family and active recreational uses (D
bufferyards).
Page 10
Department Report
Board of Zoning Appeals
July 22,2002
Page 11 of 16
Item 1L.
exhibit A
Board of Zoning Appeals
July 24,2000
I. Old Business:
1i. Emerald Crest at Hazel Dell Summit Amenity Area(SU-13-00)
Petitioner seeks Special Use approval per Section 5.2:Permitted Special Uses in order to establish a private
recreational facility. The site is located northwest of East 131s`Street and Hazel Dell Parkway. The site is
zoned S-1/Residence.
Filed by Li-Ching Wu of Davis Homes.
Stu Huckelberry of Davis Homes, 3755 East 82"d Street, Indianapolis 46240 appeared before the Commission
representing the petitioner. This particular item has been tabled for a few months in order to address the size of the
pool as previously proposed(30X50)and the provisions for lifeguarding.
The size of the pool is now at 32X81 or 10X25 meters. In addition to being fenced, the petitioner is willing to
record an amendment to the covenants and restrictions that would provide for lifeguarding during the hours of
operation of the pool. All other items pertaining to this particular petition remain as previously submitted and
presented.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared. (Note: The
public hearing on this item was held in May,2000)
Laurence Lillig reported that the landscape plan had not been submitted to the Department prior to this evening's
meeting; therefore, the item is recommended for tabling. Stu Huckleberry responded that the landscape plan is the
same plan as previously submitted.
Leo Dierckman stated that the concerns of the Board appear to have been addressed through the size of the pool and
the lifeguarding issues.
Laurence Lillig stated that the landscape plan will be submitted to Scott Brewer, City Forester, for approval. It was
noted that the stairway into the pool area is thought to be a hazard for diving and turning.
Leo Dierckman moved to approve SU-13-00,Emerald Crest at Hazel Dell Summit Amenity Area, subject to the
Department's review and approval of the landscape plan, maintaining Carmel standards, and further conditioned
upon the petitioner being given the option to reduce the size of the pool to 25 yards if he so desires; further
conditioned upon the petitioner re-locating the stairway into the pool area if he so desires.
APPROVED 4 in favor,none opposed.
Page 11
Department Report
Board of Zoning Appeals
July 22,2002
Page 12 of 16
Item 1L.
exhibit B
Board of Zoning Appeals
April 24,2000
H. Public Hearing:
2h. Emerald Crest at Hazel Dell Summit Amenity Area(SU-13-00)
Petitioner seeks Special Use approval per Section 5.2: Permitted Special Uses in order to establish a
private recreational facility. The site is located northwest of East 13l Street and Hazel Dell Parkway. The
site is zoned S-1/Residence.
Filed by Li-Ching Wu of Davis Homes.
Stu Huckelberry of Davis Homes appeared before the Board representing the applicant. Davis Homes is requesting
approval to construct a recreational facility to include a pool and bathhouse/clubhouse within the Emerald Crest at
Hazel Dell Summit Subdivision.
Emerald Crest at Hazel Dell consists of 113 lots. The recreational facility would be constructed on an area
combined of two, adjacent common areas that currently exist in the plat for Sections I and II. The area comprises
3/4 of an acre and includes the parking lot. Landscaping and mounding will be utilized to visually screen the facility
from the adjacent homes on either side.
Mr. Huckelberry displayed the site on the overhead. Emerald Crest abuts but does not encompass the Michner
Ditch. Emerald Crest is bounded by 131s` to the south, and Cherry Tree Road to the northwest. There will be a
single entrance to the recreational area located opposite the main boulevard entry to the subdivision. The pool will
measure 30 X 54, 1620 square feet,with concrete decking.
The bathhouse will be constructed of brick and/or stone, and vinyl sided with a shake roof. The facility will be
exactly the same as constructed at the Trails at Avian Glen, and very similar to the one constructed at Shelbome
Green off 96th Street. In terms of size and arrangement/layout,it is exactly the same.
Charles Weinkauf commented that within the City limits of Carmel and within Clay Township, there has been no
body that has taken the initiative to set certain size restrictions or other types of restrictions or limitations,rules and
regulations regarding pools of this type in developments. The Board has taken some fairly strong stands as far as
sizes of pools, and how they are proposed to be operated. There is concern about safety of unguarded pools, and
pools that are built strictly for cosmetic purposes and not really functional once they are in place. This is considered
to be just"window dressing."
Mr. Weinkauf asked if there were any way the pool could be made larger to accommodate possible swim teams for
neighborhood use.
Mr. Huckelberry stated that the pool will be eight feet deep, tapering down to three or four feet. As currently
proposed, the pool is gated, fenced, and the residents will have either keys or key cards. If the pool were increased
to a length of 75 feet,the State Board of Health requires anything over 2,000 square feet to be guarded and this part
of the proposal would be changed.
Mr.Weinkauf stated major concerns with the health,safety, and welfare of the people in the area. Merely fencing a
pool does not solve the problem of having an unguarded pool, 8 feet deep.
In response to questions from Leo Dierkman, Mr. Huckelberry stated that there are 12 parking spaces and the
landscape design must be subject to Board of Zoning Appeals approval. As has been done in other pools, the day-
to-day operation of the pools is generally under the control of the Home Owners Association,typically this has been
contracted out. If Davis Homes is responsible for the operation,it is contracted out.
Mr. Huckelberry asked for the opportunity to meet with the Department and return to the Board with a workable
proposal.
Docket SU-13-00,Emerald Crest at Hazel Dell Summit Amenity Area,was TABLED to the May meeting.
Page 12
Department Report
Board of Zoning Appeals
July 22,2002
Page 13 of 16
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Item 1L. Exhibit C. East side of pool looking North.
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Item 1L. Exhibit D. East side of pool looking South.
Page 13
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Department Report
Board of Zoning Appeals
July 22,2002
Page 14 of 16
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F. North side of pool looking west(from Swale).
Page
Department Report
Board of Zoning Appeals
July 22,2002
Page 15 of 16 yy 1,
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Item IL. Exhibit G. North side of pool looking East.
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Item 1L. Exhibit H. West side of pool looking South.
Page 15
Department Report
Board of Zoning Appeals
July 22,2002
Page 16 of 16
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Item 1L. Exhibit J. West side of pool looking North.
Page 16