HomeMy WebLinkAboutMemo of Meeting BZA 05-28-02
Carmel/Clay Board of Zoning Appeals
MEMORANDUM OF MEETING
May 28, 2002
Board Members in attendance: Michael Mohr, Pat Rice, Leo Dierckman, Earlene Plavchak, Charles Weinkauf
Dept. staff in attendance: Mike Hollibaugh, Laurence Lillig, Kelli Lawrence, Jon Dobosiewicz, Jeff Kendall, John Molitor
J. Public Hearing:
1j. This item was tabled to the June 6, 2002, agenda.
WTF - Sprint Spectrum (A-97-01)
Appellant (an Interested Party) wishes to appeal the decision of the Director regarding the collocation of a WTF antenna on an existing private radio tower.
The site is located at 1388 Queen’s Way. The site is zoned S-1/Residence – Very Low Density.
Filed by J. Taggart Birge of Bose McKinney & Evans for Richard Deer.
2j. This Item was WITHDRAWN at the May 28, 2002, meeting of the Board.
Smokey Ridge, Section 3, Lot 63 (V-17-02)
Petitioner seeks approval of a Developmental Standards Variance of Section 25.9: Drainage in order to allow a swimming pool to encroach three (3) feet into a platted Drainage Easement.
The site is located at 13719 Smokey Ridge Overlook. The site is zoned R-1/Residence.
Filed by Marjorie A. Mikels of Pools of Fun for Thomas A. & Melinda Endicott.
3-4j. Tabled to the July 22, 2002, agenda at Petitioner’s request.
Lakes at Hazel Dell, Section 1, Common Area 4a (V-18-02; V-19-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-18-02 §25.7.02-1(b): Number & Type 2 Subdivision Signs
V-19-02 §25.7.02-1(b): Number & Type unmatched Subdivision Signs
The site is located on the southwest corner of West Dellfield Boulevard and Hazel Dell Parkway. The site is zoned S-1/Residence - Low Density.
Filed by Joseph M. Scimia of Baker & Daniels for Drees Homes.
5-6j. Tabled to the July 22, 2002, agenda at Petitioner’s request.
Lakes at Hazel Dell, Section 1, Common Area 6 (V-20-02; V-21-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-20-02 §25.7.02-1(b): Number & Type 2 Subdivision Signs
V-21-02 §25.7.02-1(b): Number & Type unmatched Subdivision Signs
The site is located on the northeast corner of East Dellfield Boulevard and Hazel Dell Parkway. The site is zoned S-1/Residence - Low Density.
Filed by Joseph M. Scimia of Baker & Daniels for Drees Homes.
7j. This item was tabled to the June 6, 2002, agenda.
St. Peter's United Church of Christ (V-28-02)
Petitioner seeks approval of a Developmental Standards Variance of Section 27.3.2 in order to forego the installation of perimeter parking lot curbing.
The site is located at 3106 East Carmel Drive. The site is zoned R-1/Residence within the State Highway 431/Keystone Avenue Overlay Zone.
Filed by David R. Barnes of Weihe Engineering for St. Peter's United Church of Christ.
8j. This item was tabled to the June 6, 2002, agenda.
Carmel/Clay Schools - Orchard Park, Lot 78 and Block B - Orchard Park Elementary (V-29-02)
Petitioner seeks approval of a Developmental Standards Variance of Section 25.7.02-5: Institutional Uses; (b): Number & Type in order to establish two (2) Institutional Signs.
The site is located at 10404 Orchard Park South Drive. The site is zoned R-1/Residence.
Filed by Chris Hinkle of Paul I. Cripe, Inc. for the Carmel/Clay School Corporation.
9-10j. This item was tabled to the June 6, 2002, agenda.
Carmel/Clay Schools - Towne Meadow Elementary (V-30-02; V-31-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-30-02 §25.7.01-2 22.22-square-foot traffic directional sign #1
V-31-02 §25.7.01-2 22.22-square-foot traffic directional sign #2
The site is located at 10850 Towne Road. The site is zoned S-1/Residence - Very Low Density.
Filed by Chris Hinkle of Paul I. Cripe, Inc. for the Carmel/Clay School Corporation.
11-15j. This item was tabled to the June 6, 2002, agenda.
Carmel/Clay Schools - Cherry Tree Elementary (V-32-02; V-33-02; V-34-02; V-35-02; V-36-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V
-32-02 §25.7.01-2 13.24-square-foot traffic directional sign #1
V-33-02 §25.7.01-2 4.28-square-foot traffic directional sign #2
V-34-02 §25.7.01-2 6.82-square-foot traffic directional sign #3
V-35-02 §25.7.01-2 6.82-square-foot traffic directional sign #4
V-36-02 §25.7.01-2 51.75-square-foot institutional sign #5
The site is located at 13989 Hazel Dell Parkway. The site is zoned S-1/Residence - Low Density.
Filed by Chris Hinkle of Paul I. Cripe, Inc. for the Carmel/Clay School Corporation.
16j. This item was tabled to the June 6, 2002, agenda.
Appel Heating & Air Conditioning (V-37-02)
Petitioner seeks approval of a Developmental Standards Variance of Section 26.4.5(c) in order to reduce the side perimeter bufferyards on the north and south property lines to zero (0)
feet.
The site is located at 530 South Range Line Road. The site is zoned I-1/Industrial.
Filed by Adam L. DeHart of Keeler-Webb Associates for Appel Heating & Air Conditioning.
17-28j. This item was tabled to the June 6, 2002, agenda.
Carmel/Clay Schools - New Middle School (SU-38-02; V-39-02; V-40-02; V-41-02; V-42-02; V-43-02; V-44-02; V-45-02; V-46-02; V-47-02; V-48-02; V-49-02)
Petitioner seeks Special Use approval in order to establish a middle school on 159.823± acres.
Petitioner also seeks approval of the following Developmental Standards Variances:
V-39-02 §5.4.1: Maximum Height 45' 4" principal building height
V-40-02 §25.7.01-2 15.17-square-foot traffic directional sign A
V-41-02 §25.7.01-2 3' 3" traffic directional sign A
V-42-02 §25.7.01-2 13.42-square-foot traffic directional sign B
V-43-02 §25.7.01-2 3' 3" traffic directional sign B
V-44-02 §25.7.01-2 12.55-square-foot traffic directional sign C
V-45-02 §25.7.01-2 3' 3" traffic directional sign C
V-46-02 §25.7.02-5(b)(i) three (3) institutional signs
V-47-02 §25.7.02-5(c)(i) 93.0-square-foot east wall institutional sign
V-48-02 §25.7.02-5(c)(ii) 24-square-foot changeable copy
V-49-02 §25.7.02-5(d) 6' 2" institutional ground sign
The site is located on the southeast corner of West 126th Street and Shelborne Road. The site is zoned S-1/Residence/Estate.
Filed by Jeff Bolinger of Fanning/Howey Associates for the Carmel/Clay School Corporation.
29-30j. This item was tabled to the June 6, 2002, agenda.
Newark Addition, Lots 1 - 4(part) - Mohawk Landing (V-50-02; V-51-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-50-02 §25.7.02-11(d)(i) 10' center identification height
V-51-02 §25.7.02-11(g)(i) center identification copy
The site is located on the southeast corner of City Center Drive and South Range Line Road. The site is zoned B-7/Business.
Filed by Paul G. Reis of Drewry Simmons Pitts & Vornehm for the 5254 Tivoli Partnership and Kosene Mohawk, LLC.
33-45j. Tabled to the June 24, 2002, agenda pending ADLS approval.
Carmax Auto Superstores (V-54-02; V-55-02; V-56-02; V-57-02; V-58-02; V-59-02; V-60-02; V-61-02; V-62-02; V-63-02; V-64-02; V-65-02; V-66-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-54-02 §14.6: Landscaping Requirements 15’ north and east bufferyards
V-55-02 §25.7.01-2 8’ traffic directional sign E1
V-56-02 §25.7.01-2 4-square-foot traffic directional sign E1
V-57-02 §25.7.01-2 8’ traffic directional sign E2
V-58-02 §25.7.01-2 4-square-foot traffic directional sign E2
V-59-02 §25.7.02-8(b)(i) five (5) identification signs (A, B, B1, C, D)
V-60-02 §25.7.02-8(b)(ii) three (3) id signs oriented east (B, C, D)
V-61-02 §25.7.02-8(c) 193-square-foot wall identification sign A
V-62-02 §25.7.02-8(c) 193-square-foot wall identification sign C
V-63-02 §25.7.02-8(c) 78.33-square-foot ground identification sign B
V-64-02 §25.7.02-8(c) 78.33-square-foot ground identification sign B1
V-65-02 §25.7.02-8(d) 8’ ground identification sign B
V-66-02 §25.7.02-8(d) 12’ 3½” ground identification sign B1
The site is located on the northwest corner of East 96th Street and Gray Road. The site is zoned B-3/Business.
Filed by E. Davis Coots of Coots Henke & Wheeler for Carmax Auto Superstores, Inc.
46-66j. Tabled to the June 24, 2002, agenda pending ADLS approval.
St. Vincent’s Carmel Hospital (V-67-02; V-68-02; V-69-02; V-70-02; V-71-02; V-72-02; V-73-02; V-74-02; V-75-02; V-76-02; V-77-02; V-78-02; V-79-02; V-80-02; V-81-02; V-82-02; V-83-02;
V-84-02; V-85-02; V-86-02; V-87-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-67-02 §25.7.01-2 39-square-foot “EMERGENCY” TDS (20-1)
V-68-02 §25.7.01-2 11.07-square-foot “Ambulance Exit Only” TDS (20-4)
V-69-02 §25.7.01-2 11.07-square-foot “Ambulance Entrance” TDS (20-5)
V-70-02 §25.7.01-2 14.5-square-foot “Main Entrance” TDS (25-1)
V-71-02 §25.7.01-2 10.94-square-foot “Emergency” TDS (25-2)
V-72-02 §25.7.01-2 forty-one (41) 4-square-foot section TDS (30-#)
V-73-02 §25.7.01-2 ten (10) 17.25-square-foot director TDS (32-a)
V-74-02 §25.7.01-2 ten (10) 5' 2" director TDS (32-a)
V-75-02 §25.7.01-2 ten (10) 14.06-square-foot director TDS (32-b)
V-76-02 §25.7.01-2 ten (10) 4'6" director TDS (32-b)
V-77-02 §25.7.01-2 five (5) 4.75-square-foot bldg entrance id # TDS (22-#)
V-78-02 §25.7.02-5(b)(i) eight (8) institutional signs
V-79-02 §25.7.02-5(c)(i) 70.06-square-foot institutional sign (10-1)
V-80-02 §25.7.02-5(c)(i) 70.06-square-foot institutional sign (11-1)
V-81-02 §25.7.02-5(c)(i) 77.7-square-foot institutional sign (12-1)
V-82-02 §25.7.02-5(c)(i) 77.7-square-foot institutional sign (12-2)
V-83-02 §25.7.02-5(c)(i) 144-square-foot institutional sign (20-2)
V-84-02 §25.7.02-5(d) 5' 4" institutional sign (10-1)
V-85-02 §25.7.02-5(d) 5' 4" institutional sign (11-1)
V-86-02 §25.7.02-5(d) 8' 9" institutional sign (12-1)
V-87-02 §25.7.02-5(d) 8' 9" institutional sign (12-2)
The site is located at 13500 North Meridian Street. The site is zoned B-6/Business within the US 31/Meridian Street Overlay Zone.
Filed by Becky R. Feigh of BSA Design for St Vincent Hospital & Health Care Center, Inc.
67-68j. This item was tabled to the June 6, 2002, agenda.
Little Farms Addition, Lot 46 (V-89-02; V-90-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-89-02 §25.9: Drainage accessory bldg encroaching in drainage easement
V-90-02 §25.1.1(B)(3)(b)(i)(b) accessory building setback
The site is located at 10401 Ethel Drive. The site is zoned R-1/Residence and R-3/Residence within the Home Place District Overlay Zone.
Filed by Timothy M. & Melanie Rae Brower.
K. Old Business.
1k. Martin Marietta Materials (UV-23-02)
Petitioner seeks approval of a Use Variance of Section 5.1: Permitted Uses in order to establish a Sand and Gravel Processing Operation.
The site is located on the northeast corner of East 106th Street and Hazel Dell Parkway. The site is zoned S-1/Residence - Low Density.
Filed by Thomas H. Engle of Barnes & Thornburg for Martin Marietta Materials, Inc.
2-5k. Martin Marietta Materials (SU-24-02; SU-25-02; V-26-02; V-27-02)
Petitioner seeks Special Use approval of a Sand and Gravel Extraction Operation and an Artificial Lake.
Petitioner seeks the following Developmental Standards Variances:
V-26-02 §5.2.2: Other Requirements 150-foot setback
V-27-02 §5.2.2: Other Requirements 100-foot setback
The site is located on the northwest corner of East 106th Street and Hazel Dell Parkway. The site is zoned S-1/Residence - Low Density.
Filed by Thomas H. Engle of Barnes & Thornburg for Martin Marietta Materials, Inc.
Note: Items 1k and 2-5k were heard together.
In attendance for petitioner: David Warshauer, Barnes & Thornburg, 11 S. Meridian, Indianapolis; Bob Furlong, John Shuler, Dan Hoskins and Max Williams, Martin Marietta and Tom Engle
of Barnes & Thornburg.
Support:
Organized:
Tom Yedlick, 5053 St Charles Place, President, Kingswood HOA
Individuals:
Kent Broach 5032 St. Charles Place,
Mike Tin, 5083 St Charles Place
Sharon Donnelly, 11079 Huntington Court
Giovanni DeLuca, 5063 St Charles
Tim Warner, 11159 Woodbury Dr
Julie Kozak, 5073 St Charles
Russell Sveen, 11109 Woodbury Drive
Curt Olman, 11078 Huntington Court
Adam Dehart, Project Manager Keeler Webb Association, 486 Gradle Drive
Don Craft, 4988 St Charles Place
Copy of agreement given to board (lawsuit agreement with Kingswood)
Opposition:
Organized:
Jeff Joliet, 11158 Bradbury Place, Powerpoint demo
Keith Johns, 5019 Huntington Drive
David Ezell, 5068 Huntington Drive
Darrell Leap, 5932 Lookout Drive West, Lafayette, IN
Nick Tilman, 11484 Lakestone, Fishers
Holly Deske, 5017 Kingswood Drive
Susan Backer, 5029 Kingswood
Public:
Gloria Green, 6115 Woodmill Drive, Vice President, Eller Commons HOA
Lyndal Trailer, 5059 Huntington
Marcus Freihoffer, 11136 Bradbury Place
Kimberly Lee, 5029 Huntington Drive
Greg Hammes, 3714 Wolf Drive, Williamson Run HOA
Larry J. King, 11268 Williams Court
Bill Curry, 11211 Bradford Place
Michael Mohr announced continuing Martin Marietta dockets & Hamilton Senior Services. All other items will be heard Thursday, June 6, 2002, at 7:00 P.M.
David Warshauer: Thanks to everyone. Limit tonight to new info. Listen to staff and Carmel Utilities, issues have been looked at and examined.
Public hearing closed.
Mike Hollibaugh, Dept Report.
Greg Sovas, Spectra Environmental Group, Latham, NY
John Duffy, Carmel Utilities Director
Robert Furlong, 10927 Valley Forge Circle, Carmel, Vice President, Martin Marietta
Doug Haney, Carmel City Attorney
John Molitor, the BZA Board has the ability to require commitments related to project.
Pat Rice moved to draft agreement, Leo Dierckman seconded. Vote 2-3, with Weinkauf, Mohr, and Plavchak opposed.
Charles Weinkauf moved to approve UV-23-02, Earlene Plavchak seconded. DENIED 2-3, Mohr, Rice, and Weinkauf opposition votes.
Earlene Plavchak moved to approve SU-24-02, Leo Dierckman seconded. DENIED 2-3, Mohr, Rice and Weinkauf opposition votes.
Earlene Plavchak moved to approve SU-25-02, Pat Rice seconded. DENIED 2-3, Mohr, Rice and Weinkauf opposition votes.
Earlene Plavchak moved to approve V-26-02, Pat Rice seconded. DENIED 2-3, Mohr, Rice and Weinkauf opposition votes.
Earlene Plavchak moved to approve V-27-02, Pat Rice seconded. DENIED 2-3, Mohr, Rice and Weinkauf opposition votes.
David Warshauer requested a copy of the negative Findings of Fact.
Pat Rice moved to suspend the rules to hear item 31-32j after 11:00 P.M.
Leo Dierckman seconded the motion. APPROVED 5-0
31-32j. Hamilton County Senior Services (V-52-02; V-53-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-52-02 §27.3.2 forego parking lot curbing
V-53-02 §27.5 reduced number of parking spaces
The site is located at 1078 Third Avenue Southwest. The site is zoned I-1/Industrial.
Filed by Sandra Stewart of Hamilton County Senior Services, Inc.
In attendance for petitioner: Jeff Bischoff, BSA Design, 9365 Counselors Row, Indianapolis,
Sandy Stewart, Executive Director, Hamilton County Senior Services, Suzanne Marks, President, Board of Directors, Hamilton County Senior Services.
This is a non-profit organization of social and health services for senior citizens over age 55. This is relocation and renovation of the facility for offices. This is a design to restripe
the parking lot with 41 spaces; ordinance requires 67. Forty-one is plenty for their needs. Additional spaces can be used at Carmel Ice Skadium. They are remodeling the building and
the site. Putting curbs in the parking lot will keep the drainage from working properly.
Favor:
Ramona Hancock, 12838 Wembly Road, Carmel is in support of the programs at the center for seniors and the community.
Opposition: None
Rebuttal: None
Department Report: Laurence Lillig V-52-02 favorable with low shrubs and landscape plan for review by Monday, June 17, 2002, for Administrative approval. V-53-02 favorable with the
parking plan revised to show parking spaces with adequate.
Public Hearing closed.
Earlene Plavchak moved to approve V-52-02, seconded by Pat Rice. APPROVED 5-0, with conditions.
Leo Dierckman moved to approve V-53-02, seconded by Earlene Plavchak. APPROVED 5-0, with conditions.
L. New Business.
1L. Board to consider amendments to the Board of Zoning Appeals Rules of Procedure.
To be discussed at the special meeting, June 6, 2002.
Adjourn.
Adjourn 12:45 A.M.