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HomeMy WebLinkAboutMinutes BZA 04-27-09fl V` Q Rrneq~~F! ~ ~n `\\ ` /l' Cit o f C arm el \!NDIANp/ MINUTES Carmel Board of Zoning Appeals Regular Meeting Monday, Apri127, 2009 6:00 PM Council Chambers Present: James Hawkins (President) Kent Broach Leo Dierckman Eazlene Plavchak Madeleine Torres Connie Tingley (Recording Secretazy) r Staff members in attendance: Mike Hollibaugh, DOCS Director Christine Barton-Holmes, Planning Administrator Rachel Boone, Planning Administrator Legal Counsel: John Molitor Previous Minutes On a motion made by Madeleine Torres and seconded by Earlene Plavchak: The Minutes for the meeting dated March 23, 2009 were approved as circulated. MOTION CARRIED UNANIMOUSLY Department Report: Christine Barton Holmes Tabled to May 18, 2009: Conseco -Higher Education, Docket No. 09030003 UV Legal Report: John Molitor Reminder Executive Session scheduled immediately following this meeting Item 2i, 646 Johnson Drive Appeal, Docket No. 09020014: Plan Commission authorized attorneys to initiate litigation against building owner o Two BZA members also members of Plan Commission (Dierckman and Torres) ^ Recommended to recuse themselves; both left meeting • Mr. Dierckman tried to mediate settlement between building owner and neighbors it • Two alternate members needed before further action Discussed situation with building owner; no objection to tabling Plan Commission might be able to resolve dispute Motion: On a motion made by James Hawkins and seconded by Eazlene Plavchak: Docket No. 09020014 V, 646 Johnson Drive Appeal, would be tabled to the May 18, 2009 meeting. MOTION CARRIED UNANIMOUSLY Page 1 of 11 Carmel Boazd of Zoning Appeals Apri127, 2009 Public Hearing: lh. Uptown Partners Feuce Commitment Amend The applicant seeks the following commitment amendment: Docket No. 09020004 CA Amend recorded commitment To permit fence design modification The site is located 531 South Guilford Road and is zoned B7/Commercial Filed Justin Moffett of Uptown Partners. Present for Petitioner: Justin Moffett, Uptown Partners, development company and Highline Construction, builder partner • Handouts distributed • Aerial view in packet shown • Developmental Standazd Variances approved 2007 • ADLS/DP approval from Plan Commission • Screening and buffering requested by neighbors east of development • Approved privacy fence to be built in accordance with US 421/Michigan Road standazds o Overlay requires 8-foot fence with 24 inch brick or stone columns every 24 feet and cedaz fence panel between columns ^ Fence options did not have adequate life span • Wood fence portions appear wom after a few seasons o Want maintenance-free fence for this zero-maintenance community o Want quality landscaping and fencing Fence product found for solution o Manufactured and installed by SimTek ' o Polyethylene with lifetime warranty against fading, cracking and breaks o Designed to eliminate sagging between posts o Maintenance free 0 8-foot tall fence panel sections; picture shown o Both sides have same finished look for aesthetics o Designed with own column system ^ Problematic to install masonry column every 24 feet • Difficult to find masonry column to match fence o SimTek fence not chosen because it is cheaper; $10,000 more than cedar fence Favorable: Ann Ihrer, 1046 Timber Creek Drive, Unit 8, adjacent property owner • How tall; 6 or 8 feet? Remonstrance: None Public Hearing closed Department Report: Christine Barton-Holmes • Required fence more commercial style to screen parking lot, building and caz lights • Proposed fence more residential in appearance and scale o Would accomplish same end and not detract from overall impact Department recommended positive consideration Page 2 of 11 Carmel Boazd of Zoning Appeals April 27, 2009 Discussion: • 8-foot fence required by US 421 Overlay • SimTek fence 8 feet as approved • Vegetative Swale along property line • 6-foot fence provide little benefit Motion: On a motion made by Leo Dierckman and seconded by Eazlene Plavchak: Docket No. 09020004 CA, Uptown Partners Fence Commitment Amend be approved. MOTION APPROVED 4-1 (Hawkins negative vote) 2h. Conseco -Higher Education TABLED UNTII. MAY 18 The applicant seeks the following use variance approval: Docket No. 09030003 UV Appendix A: Use Table Private higher education institution in M3 District The site is located at 1289 City Center Drive and is zoned M3/Industrial Park. Filed by Jeff Groth of Conseco for Franklin University 3-6h. Blackwell Park The applicant seeks the following development standards variances for eight parcels: Docket 09030007 V Section 8.04.02.D Reduction of minimum lot area Docket 09030008 V Section 8.04.03.A Reduction in minimum front yard setback Docket 09030009 V Section 8.04.03.E Reduction in minimum lot width Docket 09090010 V Section 8.04.03.F Increase in maximum lot coverage ' The sites aze located at 3`d Street NE and aze zoned R2. They are not in the Old Town Overlay District. Filed by Justin Moffett. Present for Petitioner: Justin Moffett and Jeff Langston, Heartwood Custom Homes • Handouts distributed • Two yeazs ago purchased three platted building lots from Blackwell family and built three semi-custom homes on 3`d Avenue NE o Each sold for approximately $350,000 • Obtained First Right of Refusal for remaining Blackwell property o Desirable area for appropriate development • Aerial location shown of 3`° Street and 3`° Avenue NE; northwest of Carmel High School o Approximately 2.7 acres o Contains 5 platted lots o Currently zoned R-2 • If vaziances granted, will seek Plan Commission approval for minor subdivision in compliance with Subdivision Control Ordinance • Met with Planning staff for development of property o Most obvious to develop lots sizes in harmony with adjacent Old Town lots • Old Town Carmel Overlay District defines lot size, setbacks and azchitectural standazds o Old Town Chazacter map does not include all properties in Old Town ' o Believe pazcel inadvertently left out of Zoning Ordinance for the Overlay • Proposed site plan • Three additional platted, buildable lots bought from Blackwell family o Included in variance requests to be in conformance with remaining lots • Variance area is also platted, buildable lots Page 3 of t l Cannel Board of Zoning Appeals Apri127, 2009 • Unimproved alley will be paved to offer rear-loading gazages d • One existing 65-foot platted lot on proposed extension of 3` Avenue NE • Six 50-foot lots on the west side • Two 60-foot lots on right side o Larger to offer rear-load garages • Existing platted pazcel in bottom right corner of map • Proposed pazk azea of 180 feet by approximately 148 feet; .6 acre o Low spot for natural drainage o Park azea and detention area for storm water ^ Vegetated dry azea to retain storm water; not wet pond • One-third of pazk area o Green space key for neighbors o Work with Urban Forestry and Engineering to determine azea with least impact o Minor subdivision not required to offer green space • If approved, would be platting lots 1-8 at Plan Commission level; 2.2 acres • 13 total lots, 5 already platted and buildable • Variances attempting to mirror Overlay standard of lots in general area: o Minimum lot area from R-2 standard of 10,000 squaze feet to 6,500 squaze feet o Minimum front yazd R-2 setback from 35 feet to 20 feet o Minimum lot R-2 width from 80 feet to 50 feet o Maximum lot R-2 coverage from 35% to 45%; typical of urban development • Development within established neighborhood source of debate o Residential land will be developed by someone because of proximity to core of Carmel ' o Lot density has support within the Zoning Ordinance o R-2 standard is 3.9 units per acre for base density o Proposed density is 3.7 units per acre o Proposed C3 Comprehensive Plan labels Old Town density at 4 to 8 units per acre • Concept elevations shown o Comply with lot size and azchitecture requirements in Old Town Overlay • R-2 standazds do not need to comply with architecture guidelines of Old Town o Approximately 2000 squaze feet with 3 bedrooms and 2 baths; basement optional o $350,000 to $400,000 sales price o Reaz load garages off alley or driveway behind home Jeff Langston, 5243 Woodfield Drive • Have built lazge luxury custom homes • Trying to bring something special to Old Town Justin Moffett • Chose Heartwood Custom Homes because of quality of homes • Langston Development will be site developer o Awazds for tree preservation o Quality site development work • C P Morgan subdivision on 151 Avenue NW developed in 1990's ' o Cul-de-sac of approximately 15 vinyl-sided range homes o Allowed by R-2 standards • Will work to meet chazacteristics of neighborhood Page 4 of 11 Carmel Board of Zoning Appeals Apri127, 2009 Favorable: Joshua Kirsch, 220 2nd Avenue NE • Main concern with maximum density o Resolved by detention pond and flow into City system • No cleaz standazds for neighborhoods • Support tasteful development with respect to neighborhood Sally VanOvermeiren, 135 Audubon Drive • No problems with aesthetics • Concern about development of Sylvan Lane into 2"d Avenue NE • Traffic horrendous due to the high school o Rectified with Ninth Grade building • Alleyways intersecting into Sd' Avenue; could be hazazd • Area does not want to become subdivision o Insulated from Audubon and Sylvan side which has greater acreage • Otherwise acceptable idea Remonstrance: Brian Borlik, 145 Audubon Drive (PowerPoint did not work) Laura Corry, 340 2"d Avenue NE helped with overhead presentation • Old Town azeas do not have Homeowners Associations ' o Area has organized neighborhood group; Friends of Old Town • Petition signed by over 100 residents; many in attendance o All abutting and contiguous owners signed; except Blackwell and Moffett • Met over dozen times to discuss proposed development o Some meetings included Mr. Moffett • Many different home styles and lot sizes in Old Town o Brick, wood and stone o Lot sizes have varying setbacks from the streets o Most homes are one or two-story, with no three-story • Picture of Blackwell woods shown from 2"d Avenue view • Not in opposition to property development • Most trees will probably be lost in the development • Numerous varieties of wildlife also on property • Current R-2 zoning rules should be upheld and enforced • Prefer minoring existing neighborhood or development in harmony • High density is next to low density o Blackwell Woods property provided transition o Need transition of lot sizes to maintain look and flow • Large lots aze wooded with historic homes • Pictures of transition azea shown • Proposed view shown ' o Three homes already built • Higher density does not preserve green space o Fir trees were not preserved as promised with construction of the previous three homes o Very few trees left on properties • Location and mature trees aze important for perspective buyers Page 5 of 11 Cazmel Boazd of Zoning Appeals Apri127, 2009 • Concerned about exterior stairs • Height of buildings not in keeping with transition neighborhood ' • Changing paint, flipping doors and windows does not keep houses from looking like "soldiers" or "triplets" in a row • Sub-chazacter appropriate for area • Development too dense; more house on a smaller lot o No room for trees between homes o Satellite image of 8 homes in the woods; 3 homes on 2°d Avenue; 2 homes on 3rd Street o Creates PUD; inappropriate subdivision not in keeping with neighborhood • Only hardship is trying to create more homes to create more dollazs for developer • Mr. Moffett not willing to compromise on 8 homes in the woods o No room for buffer zones o Four or five homes would have lazger lots; more appropriate • Pazk should be called Blackwell Detention Basin o High school detention basin is muddy pit with gravel and weeds o All trees within 20 feet would be destroyed to create detention basin o Area is lowest .57 acres; .22 acres (40%) for detention basin o Serious drainage problems; 3 to 6 inches standing water after rains o Trees already being removed and causing drainage issues o Pumping station already overworked for azea • City comes with pumping trucks • Traffic big problem o Parked cars on both sides of street , o Large vehicles cannot pass through o High school events cause entire neighborhood to become parking lot • Existing R-2 correct zoning for azea • Correct to not be included in chazacter sub azea with higher density • Need compromise for less homes with 80-foot lots Jay Darman, 13506 Belford Court, Plan Commission member • Friends in Friends of Carmel group • No reason for variances • Less than enthusiastic with other Moffett projects on the Monon and on Guilford Public Hearing closed Rebuttal: Justin Moffett Monon project not developed because of mazket conditions Mr. Dorman voted in favor of Guilford project Never met Mr. Borlik; no efforts for discussion o He had attempted to meet with neighbors to share thoughts and ideas o Has been mob mentality ' o Lives in neighborhood, but not invited to neighborhood meetings o Asked to attend meeting to provide content and feedback; told he could not attend o Mr. Kirsch called for details and facts which changed his opinion; rather than heazsay Page 6 of 11 Carmel Board of Zoning Appeals April 27, 2009 o Was invited to one meeting for presentation, but did not receive any reciprocation of ' dialogue for on-going dialogue to make situation better o Remonstrators had one plan and wanted no further discussion • Sylvan Lane and Audubon Drive not pazt of area 0 3rd Avenue has right-of-way stubbed into property as if it would continue o Sylvan and Audubon not part of grid pattern for Old Town; meets and bounds properties • Minoring properties on 2°d Avenue NE • Lots of petition signers have lot sizes similar to proposed development o One home torn down on 51.9-foot lot; new home covers at least 45% o Attitude of no development • Never promised to save trees on 3 previously developed lots • Exterior stairs to serve home office o Home built and appraised at $374,000 two years ago. o Sold in 4 days at $360,000 o Home values faz exceed current homes in Old Town azea • Neighbors do not like the three new $350,000 homes with front-loading garages o Following Old Town azchitecture for new project for scale to match the neighborhood o Front-loading garages would not be allowed • Low spot mentioned in presentation would need detention basin o Department of Engineering will need to sign off on drainage plan o Existing problems will not improve until detention basin is created t • Sewer capacity 0 2007 new sewer lines installed by Carmel Utilities to serve the 3 new homes o Capacity included for future development of the land • Minor subdivision not required to have green space o Many residents requested park space • Proposal meets density allowed under Zoning Ordinance o Could fit 10 lots with no park space; use easement for detention area o Fee150-foot lots meet gird system in Old Town 0 50-foot lots aze standard in Old Town; 60-foot for corner lots Department Report: Christine Barton-Holmes • Develop existing wooded area with 13 home sites on 5 pazcels o Outside Old Town Overlay o Platting process would require Technical Advisory Committee (TAC) review • Engineering, drainage and utility issues would be reviewed • Four variances to maintain existing R-2 zoning • Lots would not be in Old Town Overlay; would conform to Overlay • Heavily wooded with significant trees o Work with Urban Forester for overall tree preservation o And for individual trees on future home sites ' • Handouts provided by Department to show context guide for azea, photos of site and houses in surrounding area o Majority of houses aze one and one and one half stories with a few two-story houses o Strongly urge petitioner to use architectural design requirements of Old Town Overlay Page 7 of 1 l Cazmel Boazd of Zoning Appeals Apri127, 2009 o Use existing house design and sizes for designing houses in this project Platted as subdivision within Old Town grid layout o Should be designed as part of the overall grid o No significant fencing or signage o Administrative approval process per Chapter 23D.04 • Context sensitive and continue neighborhood feel Department recommended positive consideration subject to previous suggestions. Discussion: • Three homes on 3`d Avenue o Front-load garages do not comply with Overlay o Materials conform with standards of Overlay o No market dissatisfaction o Taste issue for neighborhood; out of the norm o Buffer • New architectural features alleviated neighbors' concerns • Lot sizes compazed o Mirror R-3 lot sizes along 2"d Avenue NE in the proposed extension of 3rd Avenue NE • Allows for duplexes; commitment to not make duplexes 0 5~' Street NE lots aze 80 feet down to smaller sizes o Norm for downtown Carmel lots aze 50 to 66 feet • Buffer ' o Proposed alley o Existing row of pine trees o Offered to provide additional landscape buffering for lots 6 and 7 o Landscape buffer standards will be set at the Plan Commission meetings 0 20% greenspace in subdivision developments with 30% of that in detention pond area o Here six-tenths of 2.2 acres will be park area; exceeding percentage expectations of Zoning Ordinance • Without any vaziances o More creative for storm detention within lot easements o Possible to build on lots 7 and 8; but not best design o R-2 permits 3.9 units per acres as base density o This development will be 3.7 units per acre; 10 lots on 2.7 acres • Petition addressing C3 Plan (Comprehensive Plan) o Did not want 8 units per acre 0 5 units per acre should be maximum for Old Town o Second part of petition did not want any development of Blackwell Pazk azea ^ Not consistent with favoring 5 units per acre • With variances o Addresses need for green space o Brings lots into conformance with general lot size of neighborhood • Should be more discussion with neighborhood ' • Drainage issues need to be addressed o Would park area become a detention pond? o Weihe Engineers will complete civil plans o High school project caused water problems Page 8 of 11 Carmel Boazd of Zoning Appeals April 27, 2009 o Bonds posted; storm water system must work ' o Development of site will help address and handle storm water • Cul-de-sac design will be determined at Plan Commission level o No intent to connect to Sylvan o "T" hammerhead endings aze discouraged • Any R-3 lots on 2"d Avenue NE could have duplexes o Those lots not included in these variances o Pre-existing platted lots o Commitment offered so as not to increase density • Committed to Old Town Overlay standazds zone character 0 23D.03 Character sub-area 0 23D.04 Approval process for all pazcels • Will work with Department of Engineering to development low-impact for alleys o Not private alleys; public right-of--ways o May be pervious pavement • Waiting for soil report o Alt-Witzig Engineering doing study • Confirmed some soil hazd to develop • Not federal jurisdiction o No local or state statue would prohibit development in permitting process o Useable ground because of small size • C3 Plan recommends 8 units per acre; this would be a compromise ' Action: Board suggested the Petitioner get together with the neighborhood. They also wanted copy of soil report to determine feasibility of building on parcels. Motion: On a motion made by Leo Dierckman and seconded by James Hawkins: Docket Nos. 09030007 V through 09030010 V, Blackwell Park would be tabled until the next meeting, May 18, 2009. MOTION CARRIED UNANIMOUSLY I. Old Business li. Community Health Pavilion - Signage The applicant seeks the following development standards variance approvals: Docket No. 09020007V 25.07.02-09 (b) Two signs facing East ROW The site is located at 11911 N. Meridian St. It is zoned B-6/Business, within the US 31 Overlay Zone. Filed by Don Miller of A Sign By Design. Present for Petitioner: Don Miller, A-Sign-By-Design Kelly Woodburn, Community Health Pavilion ' • Last month received 2-2 tie vote • Made some concessions • New proposed signage reduced by 34.56 square feet • Other sign facing right-of--way is ground sign at north end of property • Two entrances to properly Page 9 of 1 l Cazmel Boazd of Zoning Appeals April 27, 2009 • Front two-story building makes it difficult to see Community Health Pavilion building • Mature trees and parking lot also make it difficult to see ground sign from south entrance ' • Identification not visible from south drive/entrance • New signage would be visible from south entrance • Directional sign was changed to meet City Code; no variance needed Kelly Woodburn, 14156 Avalon East Drive, Fishers, IN, manager Community Health Pavilion • Patients and tenants notice lack of signage at south entrance • North sign says Med Check which is a part of the building • Most physician services aze at south entrance • South entrance is marked "Penn Medical Plaza"; does not help Community Health Network • New building blocks Community Health Pavilion building • Additional signage at south entrance extremely helpful Favorable: Dr. Patricia Wesly, 1321 Helford Lane, tenant of building • Frequently patients do not see building o Non-descript building behind other taller buildings o Numerous patients not from Carmel azea o End up in roundabout at Old Meridian • Entrance difficult to see when approaching from the south Gary Erskine, 8357 Tequista Circle, Indianapolis, North Regional Practice Director for Community ' Physicians of Indiana • Three practices in building • Patients comment on difficulty in finding building • Traffic has increased on Pennsylvania Public Hearing closed Department Report: Rachel Boone • Last month additional north wall sign for Med Check o West Med Check sign to be removed o South bound traffic would have ground sign and wall sign • Third wall sign would be fourth lazge sign on site; two permitted o May help northbound traffic o Second opportunity at designated north entrance • Newer building has signage at the south entrance; giving equal signage for both buildings • Vaziances are for the ground sign and extra wall sign to both face east towazd Pennsylvania • Department feels number of signs and squaze footage for this site aze growing excessively o Newer building chose to split allowable squaze footage among four signs in addition to ground sign ' o Department gave favorable recommendation for third sign Department recommended negative consideration of this fourth sign Page 10 of 11 Carmel Boazd of Zoning Appeals April 27, 2009 Discussion: • Location of new and old signs on site plan o North elevation approved April meeting o Proposed second sign facing east o Ground sign o Directional sign for additional parking; reduced size o Directory signs on the facility Physician/medical practices located in the building o Two Community Physicians of Indiana internal medicine groups o Meridian Orthopedics o Diabetes and endocrinology group o Med Check Urgent Caze o Imaging center o Sports medicine/physical therapy o Pediatric group o Allergy/asthma group Motion: On a motion made by Madeleine Torres and seconded by Kent Broach: Docket No. 09020007 V, Community Health Pavilion - Signage be approved. MOTION DENIED 2-3 (Dierckman, Hawkins, Plavchak negative votes) 2i. 646 Johuson Drive Appeal TABLED UNTIL MAY 18 The applicant seeks the following permit issuance appeal: Docket No. 09020014 Appeal Appeal of Permit No. 09010003 Accessory Structure Size The site is located at 646 Johnson Drive and is zoned Rl/Single-family residential Filed by: Howazd & Holly Green; John & Beryl Colosimo; James & Laura Dunn; Judy Wagner; and Michael & Susan Shaw, neighbors. Action: Executive Session in approximately ten minutes in the Department of Community Services Conference Room on the third floor. Motion: On a mofion made by Leo Dierckman and seconded by Madeleine Torres: The Meeting be adjourned. The meeting adjourn/ed at 7:45 PM. ,~, ` Approved this I y5 day of (~ ~rl H t ~~~ resident -James R. Hawkins MOTION CARRIED UNANIMOUSLY 20 Cam. Secretary - ~ - nni, ingley S:~BOard of Zoning AppealsVvtinu[es~Boatd of Zoning Appeals - 2008/20090427.rtf Page 11 of 11