HomeMy WebLinkAboutMinutes BZA 09-22-08
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City of Carmel
MINUTES
Carmel Board of Zoning Appeals
Regular Meeting
Monday, September 22, 2008
6:00 PM
Council Chambers
Present: James Hawkins (President)
Kent Broach
Earlene Plavchak
Madeleine Torres
Jay Dorman (Alternate)
Richard Osborn (Alternate)
Connie Tingley (Recording Secretary)
Absent: Leo Dierckrnan
Staff members in attendance: Mike Hollibaugh, DOCS Director
Christine Barton-Holmes, Planning Administrator
Rachel Boone, PlarmingAdministrator
Legal Counsel: John Molitor
Previous Minutes
On a Illotion made by Kent Broach and seconded by James Hawkins:
The Minutes for the meeting dated August 25, 2008 were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report: Christine Barton Holmes
Withdrawn: Docket No. 08080010 V, 1800 106th St. Partners, LLC
Tabled to Oct. 27, 2008: Esrael Kennel, Docket No. 08080009 UV
Towne Rd Cormnunications Tower, Docket Nos. 08080011 SE & 08080014 V
St. Vincent Sports Perfonnance Center, Docket Nos. 08070002 V through 08070005 V
Circle KlSheil, Docket Nos. 08030019 V through 08030025 V
Requested Agenda be re-ordered to hear 81. Vincent Heart Center Helipad docket first in light of
alternate Board member and the large attendance by remonstrators.
Legal Report: John Molitor
Hearing for Docket No. 08060008 UV, S1. Vincent Heart Center Helipad:
Jay Dorman replaced Leo Dierckman
Richard Osborn replaced James Hawkins
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Carmel Board of Zoning Appeals
September 22, 2008
Motion:
On a motion made by Earlene Plavchak and seconded by James Hawkins:
The Agenda would be re-ordered to hear Docket No. 08060008 UV, St. Vincent Heart Center
Helipadfrrst.
MOTION CARRIED UNANIMOUSLY
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Mr. Hawkins recused himself; Mr. Osborn joined the Board; M.r. Broach chaired this portion of the hearing.
Public Hearing:
lIb. Sf;. Vincent Heart Center Helipa..d
The applicant seeks the following use variance approval:
Docket No. 08060008 UV Appendix A: Use Table Helipad in B6/US 31 Overlay District
The site is located at 10330 North Meridian Street and is zoned B6/Business, within the US 31 Overlay District.
Filed by Robert A. Hicks' andPau\ E.,C1endeneu for 81. Vincent Heart Center.
Present for Petitioner:
Robert Hicks, One American Square, Suite 2000, Indianapolis
. Ranked #1 in Indiana, top five percent nationally for cardiology
. Aerial site plan of area shown
. Valuable for survival of patients, especially from remote counties
. 20 additional minutes to transport from Conseco helipad at 122nd & Pennsylvania; adds trauma with
off-loading into ambulance; can mean life or death
. Helipad lease is non-exclusive and terminable with 14 days notice
Concerns from neighbors - Noise, Safety and Property Values:
f) Mitigate noise with no-fly zone; eight-foot wall buffer from 106tlt to end of Reserve 2; mature
evergreens; pad located 600 feet from nearest home
o PHI Helicopter Company has state of the art safety equipment; 8- foot wall provides protection
o Property values affected by existing conditions in the area with Springmill Road, Illinois Street,
US 31 and 1-465 highways, not helipad
o
Sound tests July 1 and September 6, 2008:
" Performed by David Braslau
o Measured from lawn and bedroom of home closest to the helipad
" Sounds not greater than or less than existing sounds in the neighborhood
. Maximum decibel 75-76 in the lawn during take-off and landing for 30 seconds at 480 feet during
hovering at test zone (comparable to city. traffic at 100 feet)
. Mid 40's dba in bedroom September 6 for 10 seconds for landing and take-off
. Audible but not intrusive, one to two percent probability of awakening
" Ambient outdoor sound in the area is already 50 to 65 decibels
e Existing flights in the area from Clarian, corporations and news helicopters
. January to July 2008 - average 20 patient transports per month at Conseco between 6:00 AM and
6:00 PM; average 5 transports between 10:00 PM and 6:00 AM
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Jack Hall: interventional cardiologist with the Care Group at St. Vincent Heart Center;
Clinical attributes of helipad:
19 Time is critical when person is suffering a heart attack
e The sooner the artery can be opened in the cath lab, the sooner the heart attack is stopped
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Carmel Board of Zoning Appeals
September 22, 2008
. The facility has worked diligently to improve their process for better patient outcomes
. They have worked to decrease the time from the threshold of the building into the cath lab
" Extra 20 minute delay from a transfer can mean life or death
(I Hehpad will reduce time to cath lab and reduce mortality
. This facility has saved and improved many lives
Favorable:
R. Jay Noble, 325 MillridgeDrive, Indianapolis
e His house was indicated on the site plan and used for the sound measurements
1:1 Cardiologist with the Care Group at this location
" Wants this prestigious neighborhood and the hospital to thrive
o Landing helicopter no louder than tmcks on Illinois Street
G Landing helicopter no louder than frequent helicopter fly-overs
III Logical data and facts to consider, not emotional solution
Remonstrance:
Drew Soshnick, 300 N. Meridian Street, Indianapolis, attorney representing property owners from
Reserve 1 and Reserve 2
. Information in packets identifying helipads in area.
o Clarian helipad 1700 feet from residential area
o Conseco helipad 1800 feet from residential area
o Denied Irsay helipad 900 feet from three homes
o 120 Reserve 1 and 2 residents within 1500 feet of proposed helipad
o Findings of Fact
o Injurious: vibrations, loss of time, impact on stmcture
o Safety: difficulUo implement no- fly zone
· Clarian offered helipad access for cost of insurance certificate
· During approval process an emergency facility and helipad were not contemplated
o Hardship: property values affected within one mile of an airport
· Two helipads in place (Conseco and Clarian)
· Helipad available at 86th Street St. Vincent Hospital
o Declared chest pain facility in 2001
o Comprehensive Plan provides for residential development west of the hospital site
o Residents replied upon that statement
o No data of increased patient risk
Zeff Weiss, 3400 One American Square, Indianapolis, attorney representing Drs. Naval Sondhi and Robert
Boeglin, owners at 106th Street and Springmill
II Not pennitted in the US 31 Overlay
o Only hardship is Petitioner chose this site for the hospital, which is self-created
o Original Petition stated no intention of having helipad
ill Letter from City Councilor Luci Snyder stated Petitioner had indicated they would not come back
later and try to do that which was not pernlissible
" Inlpacts adjoining residents
ill Sound tests for helicopter not fully loaded, which would be louder
(II 2:00 AM hovering helicopter would wake many neighbors
· Helicopters in a hurry would not respect no-fly zone
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Carolel Board of Zoning Appeals
September 22, 2008
· No evidence of no diminution of property values
o Other altematives; patients are currently getting service
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Erma Jean Fronek, fomIer Homeowners Association President for Reserve 2
. No emergency room at time hospital was approved
· Concerned about helicopter crashes ill windy conditions
Eric Fox, 399 Ventana Court, Reserve I, shared statements in a letter from his wife who works in the
pharmaceutical industry
· No outcome data supporting risk benefit superiority of air transport versus ground transport within
150 miles
· St. Vincent Hospital on 86th Street has coronary surgery capabilities
· S1. Vincent Hospital satellite facilities are close to helipads and also perform coronary surgery
· Heart transplants at St. Vincent Hospital on 86th Street
· Hospital ownership should be secondary for emergency medical treatment
~ Environmental impact of noise
· Cost of overall health care; portion covered by insurance or Medicare/Medicaid
· Duplication of services within the community
Rebuttal:
Robert Hicks
o All sound spectrums measured September 6; no indication vibrations were a problem Ulr.. .
lJ No-fly is enforceable; no encroachments at St. Vincent Ho"spital on 861h Street
o No written or verbal overture from Clarian for use of their helipad
o Clarian only a little closer than Conseco
o Still risky step oftransportation from helicopter to hospital
· 2001 ADLS does not contain commitment representing helipad; hoped to constmct one in the future
o Fully loaded helicopter for two out of four sound tests September 6;" no sound differential
o Evidence for diminution in property values; sound reports concluded sounds are not different than
current sounds in the neighborhood
Jack Hall
· Helicopter flies direct line, cuts down on travel time
· Standard of care from threshold to procedure:
o 90 minutes S1. Vincent Hospital on 86th Street
· Various emergencies
o 24 minutes S1. Vincent Heart Center
III Emergencies focused on cardiac
Robert Hicks
o Mike Hollibaugh and Christine Barton-Holmes attended July sound test landings and take-offs
· Staff gave objective conditional approval
Public Hearing Closed
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Department Report:
Christine Barton Holmes
It Purpose of Division of Planning - weigh all petitions for public health, safety and general welfare
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Carmel Board of Zoning Appeals
September 22, 2008
. Purpose of ambulance - get patient expeditious treatment
o According to Petitioner helipad would save approximately 20 to 30 minutes
o Conseco helipad is approximately 1.7 miles
o Clarian helipad is approximately 1.4 miles
o Department asked various questions for evaluations
o Sound impact
CI Several take-offs and landings
" Standing on Illinois Street close to buffer and brick wall
CI Noise level approximately same as 1-465 and US 31
II Audible right before landing and at take-off
o Flight pattems; number and frequency of flights
. Average less than one flight per day for acute care patients
. Helipad approximately 600 feet from closest residence
. Several area general hospital helipads closer than 600 feet to residential areas
o Variety of emergency flights
o More frequent flights
e Already noise in the area
o Vehicle noise from 1-465 and US 31
o Helicopters for traffic/news
o Helicopters for Clarian North
o Private helicopters
. Substantial buffering
o Brick wall
o Dense line of evergreens
o Parking lot
o Parking lot landscaping
o Additional landscaping around helipad
. Department felt Petitioner had mitigated concerns
Department recommended 5-year conditional approval to re-evaluate the impact
Discussion:
e U sage for number of trips
o Exact location of new helipad and transfer
path to hospital
. Data for patient outcome for ground
transports
(I Awards won with existing helipad
· Ownership and business of hospital
o Substanti al buffering
'" Permitted flight path for helicopters
. Intent and commitments of 2001
DP/ADLS for emergency room and
he1ipad
. Impact of construction and widening
of US 31
. Increased traffic on US 31 from other
City construction proj eets
o Rooftop helipads
o No-fly zone for Clarian
David Braslau stated from his sound studies a rooftop helipad creates more noise.
Motion: On a motion made by Earlene Plavchak and seconded by Madeleine Torres:
Docket No. 08060008 UV, 81. Vincent Heart Center Helipad be approved.
MOTION DENIED 2-3 (Broach, Dorman, Plavchak negative votes)
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Carmel Board of Zoning Appeals
September 22, 2008
Action: Mr. Molitor delegated to prepare written Findings of Fact in consultation wjth the Remonstrators'
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Five minutes recess taken; James Hawkins rejoined the Board; Richard Osborn left.
I-2h. The National Bank ofIndianapolis (US 421) - Signage
The applicant seeks the following development standards variance approval:
Docket No. 08080005 V Ch. 25.07.02-08 b) Number of signs
Docket No. 08080012 V Ch.25.07.02-08b) Two signs facing one ROW
The site is located at 10590 N. Michigan Rd. It is zoned I-I, Wide variety of industrial, commercial, and office uses.
Filed by Tom McDowell of Brenner Design.
Present for Petitioner:
Andy Buroker and Diana Brenner, 108 E. Market Street, Indial).apolis
19 Aerial site plan shown
o One-third acre front green space
o Extensive buffer along both streets
o Ground monument 4 x 8 feet
<) Same material as bank building
. Same logo
o Sign identity same as their other locations
e Recognizable way-finder for customers
· Ext~nsive landscaping; tree canopies may
interfere with wall signs
. 2 wall signs; front and southwest facades
· 80 square feet permitted; 66 feet currently
o Additional sign 5.6 square feet
. Four access points; 2 public right-of-ways
· Compatible with other grolmd monument
signs in the area
}lublic Hearing Closed
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Department Report:
Rachel Boone:
· One-sided four-foot tall sign will match
building; brick with EFIS base
· Under 80 square feet pennitted
. Prominent comer l06th & Michigan
. Does not help northbound traffic
fI Recognizable: National Bank buildings
are same design
· Same buffer as others along Michigan
Road
e Most oftbeoutlots do not have two signs
e Others have variances for multiple signs
o Future ground signs for Weston Park may
have option for listing at private entrances
Department recommended negative consideration
Discussion:
I!I Location and size of existing wall signs
o Location of new monument sign
. Additional landscaping for aesthetics
c . Bank believes "less is more" for sign size approach
Motion: On a motion made by James Hawkins and seconded by Earlene Plavchak: D
Docket Nos. 08080005 V and 08080012 V, The National Bank ofIndianapolis (US 421) - Sign age
be approved. .
MOTION CARRIED 3-2 (Hawkins, Plavchak negative votes) .
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Carmel Board of Zoning Appeals
September 22, 2008
Five minute recess taken; Kent Broach recused himself.
3-4h. Martin Marietta Bufferyard
The applicant seeks the following development standards variance and commitment amendment approvals:
Docket No. 08080007 CA Instr. #2005-00040447 Modification of existing commitment
Docket No. 08080008 V Section 5.02.02 Bufferyard reduction from 300' to 150'
The site is located at 10750 River Road and is zoned Sl/Low-density residential
Filed by Zeff Weiss of Ice Miller LLP for Martin Marietta Materials, Inc.
Present for Petitioner:
Greg Ewing and ZeffWeiss, 3400 One American Square, Indianapolis; Ed Gchr, Martin Marietta
. Aerial site plan shown
. CA reduce 2005 Commitments from 300 feet bufferyard to 100 feet from Kingswood subdivision
o DS V reduce Ordinance standard 300 feet bufferyard to 150 feet
e Comprehensive agreements had been made between the City, Kingswood and other adjoining
subdivisions, and Martin Marietta
Agreement with neighbors: [In audience: Bernie Lally, Russ Sveen, Tom Yedlick and Michael Thyen
representing APOs (Adjoining Property Owners)]
. Culminating from settlement agreement
e Transfer to APOs 60 feet immediately adjoining north side of Martin Marietta
III Following completion of mining, 75 feet transferred to City ofCarme1
. 15 feet gap also given to City of Cannel
. No Use Covenant for both City of Carmel strips
. Transferred "as is and whereas"; natural state, no trees removed
ZeffWeiss submitted Findings of Fact and evidence previously presented with Docket No. 05010021 SU,
Mueller North Sand & Gravel operation
Favorable:
Chris Wolcott, 5089 Kingswood, President Kingswood Homeowners Association
G Agreed with presentation of ongoing discussions to resoive this issue
II Property also deeded to APOs on the west side of Martin Marietta property
4) Intent is not to gain more property but to insure safety/security to residents and certainty of future
use of property after mining completed
Public Hearing Closed
Department Report:
Christine Barton-Holmes:
II Fairly extensive buffer/screening with large berm will be preserved
. Additional land deeded to property owners
Department recommended positive consideration
Discussion:
John Molitor
. All this property subject to settlement agreement approved and executed by all parties
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Carmel Board of Zoning Appeals
September 22, 2008
. Board not obligated under settlement agreement to approve or deny these dockets
. City was under obligation not to object
Board:
. Location ofbenn and buffer
. City would accept the 15 feet with conservation requirements
. Deeded property to homeowners, not Kingswood Homeowners Association
. Buffer 150 feet from origipal property line; 90 feet from extended property line
Cil No time frame in settlement agreement for vacation of property/fee title; incentive to complete sand
and gravel operation ASAP (five to ten years)
tIl Mining as dredge system
III Transfer possessor rights to APOs; retain fee title for Martin Marietta until sand and gravel
completed; APOs possession and use now with 150 teet buffer
Gt Area becomes public water supplYTcsource and conservation (j.r.ea. accotdmg to settlement
agreement; not public park space
. Not encroaching into Carmelot Park buffer
.. Kingswood Homeowners Association supported new buffer
. Additional 60 feet cannot be conveyed independent of APOs' lots
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Motion: On a motion made by Jay Donnan and seconded by Jim Hawkins:
Docket Nos. 08080007 CA and 08080008 V, Martin Marietta Bufferyard with Conditions stated
in Findings of Fact be approved.
MOTION CARRIED UNANIMOUSLY
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5h. Esrael Kennel TABLED UNTll.. OCTOBER 27
The applicant seeks the following use variance approval:
DocketN O. 08080009 UV Appendix A: Use Table More than three animals on residential property
The site is located at 806 Alwyne Road and. is zmied R2fmedium-density residential.
Filed by Trevor & Ann Esrael, owners.
6h. 1800 106th St. Partners, LLC WITHDRAWN
The applicant seeks the following development standards variance approval:
Docket No. 08080010 V Section 5.04.03A Reduction of required front yard setback
The site is located at 1800 West 106th Street and is zoned S 1/Iow-density residential.
Filed by Katherine Welch of Bose McKinney & Evans, LLP for 1800 106th St Partners, LLC.
7-8h. Towne Rd Communications Tower TABLED UNTIL OCTOBER 27
The applicant seeks the following development standards variance and special exception approvals:
Docket No. 08080011 SE Section 25.13 Communications tower in residential district
Docket No. 08080014 V Section 25.13(B) Setback less than 100' per tower height from property line.
The site is located at 111 04 Towne Road and is zoned S 1 fLow-density residential.
Filed by Brian Ramirez for American Tower Corporation.
Kent Broach rejoined the Board.
9h. Opns North Building 3 U
The applicant seeks the following development standards variance approval:
Docket No. 08080015 V Section 23B.08.03 Reduction ofrequired building height
The site is located at 12711 North Meridian Street and is zoned B2fOfficefConlinercial within the US 31 Overlay. .
Filed by Ryan Albright of Opus North Corporation
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Cannel Board of Zoning Appeals
September 22, 2008
Present for Petitioner:
Aleisha Jaeger, Opus North Corporation, 10333 N. Meridian Street; Bob Hughes, HGOR, Landscape
Architect; Reid McCartney, Capital Group; Steve Clem, TVS Architect
~ Site originated in 2000 as campus/office with three buildings
. Building # I constructed two years ago
. Occupied by Capital Group Companies
. Site plan shown with exterior elevations
. Building #2 elevation based on architecture for Building #1
4) CBNT group in Building #1
Cl Building #2 will be 5-story, 175,000 Square feet
. Building #3 will be single-story Mail Processing Center
4) Compatible building with matching pre-cast materials and glass
. Buildings will be linked into a single building structure with common materials
. Service yard between the facilities
\1) Site plan for central service court area between the single-story building and five-story building
III Aggregate truck activity and deliveries into one isolated location (mail and food service)
$ Green areas provide screening for mail/delivery area
. Create Class A corporate amenity environment .
o Innovative solutions for storm water management facilities
o 350 seat cafeteria for all the employees of the complex with views up and down the stream
o Outdoor seating area near the pond between the buildings
o Terraced paths through the wetlands/stream of the area to increase water quality
o Covered and open walkways on outside of buildings
o White noise from stream helps to block noise from Meridian Street
o Manmade naturally functioning environment for employees
o Landscaping for campus shown
o Landscape will screen the area with considerable evergreens
o Rendering of buildings with landscaping shown
Public Hearing Closed
Department Report:
Christine Barton-Holmes:
(') Although not permitted, several single story buildings with.in the US 31 Overlay
(') Heavily landscaped as part of the overall campus; screening US 31
o Building #3 designed for specific purpose
Department recommended positive consideration
Discussion:
o Walkway does not need variance
o Building details would be approved through the Plan Commission process
III Construction to begin on Building #2 within a week; completed December 2009
e Constmction to begin on Building #3 shortly thereafter; completed November 2009
e Construction would be simultaneous
Motion: On a motion made by Jay Dorman and seconded by Jim Hawkins:
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Carmel Board of Zoning Appeals
Septelllber22,2008
Docket No. 08080015 V, Opus North Building 3 be approved with the Commitment that
Buildirigs #2 and #3 will be under construction at the same time.
MOTION CARRIED UNANIMOUSLY
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10h. Danbury Estates Lot 8 Addition
The applicant seeks the following development standards variance approval;
Docket No. 08080022 V Section 10.04.03.B.l Reduced side yard setback
The site is located at 14537 Dublin Drive and IS zoned R4fMedium -density residential.
Filed by Beth Bennett, owner.
Present for Petitioner:
Beth Bennett
. Site plan shown
. City Ordinance' 10-toot side yard setback; Homeowners Covenants 5-footsetback
. House currently 7 feet from neighbors
o Addition would be 5 feet 2 inches from neighbors
c Current deck in location of room addition
(1) Rendering of room addition shown
Public Hearing Closed
Department Report:
Christine Barton-Holmes:
Co Similar variances already granted injhis subdivision or. . .
Co Not listed as ROSa subdivision; however most houses built with the reduced setback
(> Site partially within thetloodway
o Worked with Engineering Department regarding encroachments
o Petition modified to move addition further from floodway
o Continue to work with Engineering and Permitting Departments for best practices
. Materials match existing house
Department recommended positive consideration
Motion: On a motion made by Kent Broach and seconded by James Hawkins:
Docket No. 08080022 V, Danbury Estates Lot 8 Addition be approved.
MOTION CARRIED UNANIMOUSI~Y
12-15h. St. Vincent Sports Performance Center TABLED UNTIL OCTOBER 27
The applicant seeks tbe following development standards variance approvals:
Docket No. 08070002 V Section 23.B.09.D Sloped roof exceeding 100' without change in plane.
Docket No. 08070003 V Section 23.B.8.05.B.La Increase in maximum 1'1 floor gross floor area over
40%
Docket No. 08070004 V Section 27.03.02 Elimination of straight concrete curbs on parking
islands
Docket No. 08070005 V Section 23.B.12.a Parking between US 31 & 90' build-to line
Tbe site is located at 13400 North Meridian St and is zoned S2/Single-Family Residential in the US 31 Overlay.
Filed by Paul Reis of Bose McKinney & Evans LLP for Brenmer Duke Healthcare Real Estate.
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Carmel Board of Zoning Appeals
September 22, 2008
Old Business
1-7i. Circle K/Shell TABLED UNTIL OCTOBER 27
The applicant seeks the following development standards variance approvals:
Docket No. 08030019 V Section 23F.05.01B Build-to line greater than 10'
Docket No. 08030020 V Section 23F.!)7.02 Height under 26'
Docket N~. 08030021 V Section 23F.07.01 One occupiable floor
Docket No. 08030022 V Section 23F.08.01 Floor Area Ratio minimum 0.5
Docket No. 08030023 V Section 23F.06.02 Frontage minimum 70%
Docket No. 08030024 V Section 23F.15.02 Parking located in front of building
Docket No. 08030025 V Section 23F.ll.03 Landscaping & screening
The site is located at 1230 South Rangeline Road and is zoned B3/Business, within the Cannel DrivelRangeline
Road Overlay.
Filed by Donald Fisher of Insight Engineering for Mac's Convenience Stores, LLC.
Motion: On a motion made by Earlene Plavchak and seconded by Madeleine Torres:
The Meeting be adjourned.
MOTION CARRIED UNANIMOUSLY
The meeting adjourned at 8:50 PM.
Approved this ;2. 7 day of {!2a-f-G/V
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Secretary - Connie Tin~l~y {/
S:\Board of Zoning Appeals\Minutes\Board of Zoning Appeals - 2D08/20080922.t1f
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