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HomeMy WebLinkAboutMinutes BZA 09-23-02gIVIV�'�' of CAq`� C i ty of arme Carmel /Clay Advisory Board of Zoning Appeals Regular Meeting September 23, 2002 The regularly scheduled meeting was held at 7:00 PM in the Council Chambers of Carmel City Hall on September 23, 2002. Those members in attendance: Leo Dierckman, Michael Mohr, Earlene Plavchak, Pat Rice, and Charles Weinkauf, thereby establishing a quorum. Department of Community Services Staff in attendance: Director Michael Hollibaugh, Planning Administrators Laurence Lillig and Jon Dobosiewicz, and Intern Brian Hanson. John Molitor, Legal Counsel, was also present. The minutes of the August 26, 2002 meeting were approved as submitted. John Molitor reported the Executive Session discussion preceding this meeting was limited to the discussion of pending litigations. Laurence Lillig noted Item lj. Burton Accessory Building, V -92 -02 remains tabled and will be withdrawn from future agendas pursuant to written request by Mr. Burton. J. Public Hearing: 1 j. Tabled indefinitely at request of petitioner. Burton Accessory Building (V- 92 -02) Petitioner seeks approval of a Developmental Standards Variance of Section 25.1.1(B)(1): Maximum Height in order to construct a 19' 10" accessory building. The site is located at 3227 East 136 Street. The site is zoned R -1 /Residence. Filed by J. Scott Burton. 2j. PrimeLife Enrichment Center (V- 152 -02) Petitioner seeks approval of a Developmental Standards Variance of Section 25.7.02 8(b): Number Type in order to establish two Identification Signs. The site is located at 1078 Third Avenue Southwest. The site is zoned I -1 /Industrial. Filed by Sandy Stewart of PrimeLife Enrichment, Inc. Present for Petitioner: Jeff Bishoff, BSA Design, 9365 Counselor's Row, Indianapolis, IN and Sandy Stewart, Director of PrimeLife. The current monument sign will be reused. This variance is for an additional wall- mounted sign on the front of the building. This sign is needed to maintain a high -level of service and to enhance the building. Page 1 Carmel/Clay Board of Zoning Appeals September 23, 2002 Page 2 of 10 Members of the public were invited to speak in favor of or opposition to the petition. No one appeared and the public hearing was closed. Mr. Lillig gave the Department Report. The Department is recommending favorable consideration of the petition. Mrs. Rice asked if the sign was lit in any way. Sandy Stewart, 4176 East 116 Street, Carmel gave the response. The monument sign has ground lighting. The building sign does not have lighting at this point. Mrs. Rice asked about illumination of this sign in the future. Mr. Lillig replied that a variance would not be needed to illuminate the sign. In I -1 zoning, a single- tenant building is allowed to illuminate a sign by amending their sign permit. Mrs. Rice moved to approve V- 152 -02, PrimeLife Enrichment Center. The motion was seconded by Mrs. Plavchak and APPROVED 5 -0. 3 -8j. Carmel/Clay Schools Carmel Junior High (SUA- 154 -02; V- 155 -02; V- 156 -02; V- 157-02; V- 158 -02; V- 159 -02) Petitioner seeks approval of a Special Use Amendment in order to construct a 26,847 square -foot addition to Carmel Junior High. In addition, the petitioner also seeks the following Developmental Standards Variances: V- 155 -02 §25.7.01 -2: Definitions: Traffic Directional Sign three (3) 14.5- square- foot TDS V- 156 -02 §25.7.02- 5(b)(i) two (2) Institutional Signs V- 157 -02 §25.7.02- 5(c)(i) 96- square -foot Institutional Wall Sign V- 158 -02 §25.7.02- 5(c)(ii) 24- square -foot Changeable Copy Sign V- 159 -02 §25.7.02 -5(d) 6'2" Ground Sign The site is located at 300 South Guilford Road. The site is zoned R -1 /Residence. Filed by William E. Payne of Fanning /Howey Associates for the Carmel/Clay School Corporation. Present for Petitioner: Bill Payne, Executive Director, Indianapolis Office of Fanning /Howey Associates, Inc., architects and engineers for Carmel Clay Schools. Carmel Junior High School is presently approximately 220,000 square feet. The addition is predominately focused on a new auditorium on the north end of the facility, adjacent to the activity areas. Parking will need to be expanded on the north end, but at this time it will not impact the existing pool facility. A new entrance will bring the main entrance into the same elevation as the administrative offices, providing a more secure and viewable area when entering the school. Most of the efforts will be on the interior of the school, renovating and reorganizing spaces to meet the six to eight grades criteria established by Carmel Clay Schools. Parking will be expanded on the Guilford side of the building. A new bus queuing area will be established on the south side of the building, allowing better separation of bus and vehicular traffic. The softball diamonds will be reconstructed on the south end of the site, reorienting them to accommodate a future proposed Page 2 Carmel/Clay Board of Zoning Appeals September 23, 2002 Page 3 of 10 right -of -way on the south property line where a road is proposed connecting to the Old Meridian District. Additional landscaping will buffer the parking areas on the Guilford side. An asphalt walk path will be added along Guilford Avenue and realignment of drive areas to provide a more safe and secure drive entrance. The track and stadium on the west side will get repairs and the tennis courts will be relocated. There has been communication with the City about the possibility of a regional detention center that would be located underground at this site. Tentatively, it would be at northwest corner of the site and that would remain activity fields. It was noted a Docket number was not assigned for the variance for the height of the new auditorium. Mr. Lillig stated it was an oversight on his part. The variance was noticed, but a Docket number was not assigned. The Docket number will be V- 167 -02 for Carmel Junior High, for the height of the auditorium. Mr. Mohr asked about the height of the auditorium. Mr. Lillig stated it was between 45 and 48 feet. Members of the public were invited to speak in favor of or opposition to the petition. No one appeared and the public hearing was closed. Mr. Lillig gave the Department Report. The Department is recommending favorable consideration of SUA- 154 -02 with the following Conditions: the sixty -foot half right -of -way for the Old Meridian District boulevard be dedicated off the south property line of Tax Parcel 16 -09- 26-00-00- 019.000; the right -of -way required off Tax Parcel 16- 09- 26- 00 -00- 012.000 for the boulevard also be dedicated, and all Technical Advisory Committee comments be resolved satisfactorily prior to the issuance of an Improvement Location Permit. The Department is recommending favorable consideration of the sign variance petitions, as well as favorable consideration of the variance for the height of the auditorium. Mr. Weinkauf asked if there would be a proposal for each of the variances. A five minute recess was taken. Mr. Weinkauf asked again if presentations would be made on each variance request. He also questioned the statement about no impact on the public swimming pool at this time, but could it in the future? Mr. Payne stated there had been continuing communications between the City of Carmel and Carmel Clay Schools as to the viability and future of that pool facility. No decisions have been made at this time. These plans have no impact on the usability of that facility at this time. If Carmel Clay Schools chooses to do something with that facility, then that would be a subsequent project. The pool is owned by the School system. Mrs. Rice moved to approve SUA- 154 -02, Carmel/Clay Schools Carmel Junior High. The motion was seconded by Mr. Dierckman and APPROVED 5 -0. Page 3 Carmel/Clay Board of Zoning Appeals September 23, 2002 Page 4 of 10 Mr. Payne presented the variances needed for the signs. Members of the public were invited to speak in favor of or opposition to the petitions. No one appeared and the public hearing was closed. Mr. Lillig gave the Department Report. The Department is recommending favorable consideration of the Developmental Standards Variances for signage, Dockets V- 155 -02 through V- 159 -02, and favorable consideration of the Developmental Standards Variance for the height of the auditorium, Docket V- 167 -02. Mr. Dierckman moved to consolidate the variance requests into one vote. The motion was seconded by Mrs. Rice and APPROVED 5 -0. Mr. Weinkauf moved to approve V- 155 -02, V- 156 -02, V- 157 -02, V- 158 -02, V- 159 -02 and V- 167-02, Carmel/Clay Schools Carmel Junior High. The motion was seconded by Mrs. Rice and APPROVED 5 -0. Mr. Dierckman moved to consolidate the variances, V- 161 -02, V- 162 -02, V- 163 -02, V- 164 -02, V- 165 -01, V- 166 -02, Carmel/Clay Schools Clay Junior High. The motion was seconded by Mrs. Rice and APPROVED 5 -0. 9 -15j. Carmel/Clay Schools Clay Junior High (SUA- 160 -02; V- 161 -02; V- 162 -02; V -163- 02; V- 164 -02; V- 165 -02; V- 166 -02) Petitioner seeks approval of a Special Use Amendment in order to construct a 67,976 square -foot addition to Clay Junior High. In addition, the petitioner also seeks the following Developmental Standards Variances: V- 161 -02 §25.7.01 -2: Definitions: Traffic Directional Sign three (3) 14.5- square- foot TDS V- 162 -02 §25.7.02- 5(b)(i) two (2) Institutional Signs V- 163 -02 §25.7.02- 5(c)(i) 74- square -foot Institutional Wall Sign V- 164 -02 §25.7.02- 5(c)(ii) 24- square -foot Changeable Copy Sign V- 165 -02 §25.7.02 -5(d) 6'2" Ground Sign V- 166 -02 §5.4.1 45' 4" auditorium height The site is located at 5150 East 126 Street. The site is zoned S -1 /Residence Low Density. Filed by William E. Payne of Fanning /Howey Associates for the Carmel/Clay School Corporation. Present for Petitioner: Bill Payne, Fanning /Howey Associates, 9025 N. River Road, Indianapolis. This building has had no significant renovations in its thirty -plus years. It needs internal renovations to reorganize the facilities. A new gymnasium space will be added at the east end of the building. The new fully functioning auditorium with a fly loft, which is appropriate for middle school level, will be added at the west end of the building, adjacent to the music rehearsal spaces. The primary entrance will remain the same with more windows and landscaping. The Page 4 Carmel/Clay Board of Zoning Appeals September 23, 2002 Page 5 of 10 east parking lot will be extended slightly to the south to provide permanent curbing for traffic flow. The science labs will be on the north side. The new signage will be for the new traffic pattern. Some improvements will be made to the athletic activity areas to the north of the building, reconstructing the tennis courts and adding an additional tennis court and fencing and resurfacing the track. Question from the Public: John Frey, 5183 Carrington Circle, Carmel, IN, asked for clarification about the green area on the east side, fencing, lighting, and the pond. What will the actual use be of the current green area on the southeast edge of the Clay property? Remonstrance: John Joyce, 13041 Harrison Drive, Carmel, IN, was concerned about the noise of the air handlers and emergency lighting generators, and the lighting shining into the homes along the eastern edge of Mohawk Crossing. Gerhardt Pohl, 12928 Limberlost Drive, Carmel, IN, was concerned with the added elevation of the auditorium. The move of the building closer to the Mohawk Crossing neighborhood and the additional height creates an eyesore to that neighborhood. What other considerations could be made in the plan to locate that auditorium to a different portion of the building or reduce the elevation? He is not eager to see a large brick block across the street from his home. Richard Wolcott, 5180 Carrington Circle, Carmel, IN, adjacent to the southeast side of the property. He was concerned about greenway of trees being removed and a chain link fence with barbed wire installed. Jenny Deheer, 5077 T.C. Steele Lane, Carmel, IN, read a letter to the Board of Zoning Appeals with signatures from residents in the neighborhood. The letter expressed concern about the green space and height of the auditorium being detrimental to property values. The letter gave suggestions for relocating the auditorium to the northeast corner which is already two -story elevation, dig down to minimize the height variance, or locate it north of the current building and east of the tennis courts in the natural drop -off to minimize the height and maintain buffer area. She was in favor of a new auditorium, but would like it to be built within the current zoning laws. She sees problems with locating a daycare center at a Junior High School where grounds are already sparse. She believes the plans will create a high- stress situation for junior high youth. The smaller buffer area will cause the buses on the service road to echo throughout the neighborhood. Norm Rundle, Carmel City Council member, 12120 Windsor Drive, Brookshire Subdivision, Carmel, IN, requested the Board take into account the points raised about the height of the building and the impact on the property values in the Mohawk Crossing neighborhood. He is supportive of the quality of our schools and the need for expansion. He feels the height is significant and some reasonable alternatives have been proposed and he hopes they will be considered. Page 5 Carmel/Clay Board of Zoning Appeals September 23, 2002 Page 6 of 10 Rebuttal: Mr. Payne stated the retention pond will have some measure of expansion and the fence will be extended around it to continue to use the area as a nature lab. There is some flexibility in the location of the fence and there is no intention of eliminating the trees along the east property line. The lighting plan illustrates compliance with the Carmel Zoning requirements of less than 0.1- foot candle at property line. The illumination will be safer and better. The main mechanical room is presently located at the northeast corner of the building. This will be expanded and kept in the same general location, so the noise should not be a problem. The air handling equipment is presently in the middle of the roof of the building and if it is not a problem now, it should not be a problem with the new equipment, which will have a higher sound deadening quality. There will be no air handling equipment that will be exposed on the roof area any where near the edge of the new building wall, which is approximately 175 feet from the property line to the west. The location of the new auditorium has the proximity to the music rehearsal spaces and the cafeteria space, which is the internal circulation that is desired by the School Corporation and meets their criteria. Mr. Lillig gave the Department Report. The Department is recommending favorable consideration of the Special Use Amendment with the following Conditions: the five feet of additional right -of -way for East 126 Street be dedicated; the four -foot concrete sidewalk along East 126 Street be replaced with the ten -foot asphalt path required by the Alternative Transportation Plan; the eastern middle curb cut be closed; and all Technical Advisory Committee issues be resolved satisfactorily prior to the issuance of an Improvement Location Permit. The Department is recommending favorable consideration of the variances for signage and also of the variance for the height of the auditorium. Mr. Dierckman asked if the possibility of moving the auditorium had been explored and reducing the overall height by excavating. Mr. Payne responded that the main entrance to the auditorium faces the cafeteria and registers at the same elevation. From there the auditorium floor dishes down to accommodate a shallow pit area immediately in front of the stage floor. The stage floor is at the same elevation as the balance of the building for moving students, performers and equipment in and out of the area easily. If it is pushed down into the ground, and physically that is possible, then it would have to accommodate both disabled persons' access, as well as movement of equipment, probably via some type of lift. It would be difficult to make that work educationally. Mrs. Rice asked about signatures on the petition as to how many are adjacent to the school property? Also, was the auditorium discussed at any public School Board meetings? She was told Harrison Drive and Limberlost border the property. Mr. Payne stated there was no discussion at that time about the auditorium location or the height at the School Board meetings. Mrs. Deheer stated that she addressed the School Board meeting earlier this evening regarding these issues. She had not addressed them previously. There was never a school meeting for the parents to look at the plans and voice their input and that was what she had been waiting for. Page 6 Carmel/Clay Board of Zoning Appeals September 23, 2002 Page 7 of 10 Mr. Payne stated the plans have been available at the school since last fall and have been presented at PTA meetings. It was his understanding an initial newsletter, not certified mailing, was sent to adjoining property owners late last year. At the School Board meetings, information was given about the website that was established last fall. Jan Barnes, 12811 Limberlost Drive, Carmel, IN, stated the first inkling she had that there was going to be some expansion was the certified letter she received. They do not have children in the school and did not know about the website. Mr. Payne stated a committee was made up of a cross section of the entire community to discuss what would happen at each of the different school projects and these meetings and dialogues were publicized. Mrs. Deheer stated that her friends that were on the PTO at Clay had not seen the plans. Mrs. Rice asked if the lighting has been expanded and would the neighborhood be affected? Mr. Payne stated some fixtures would be introduced along the access drive on the west side of the building. They are cut -off, pole- mounted fixtures and meet the zoning requirements. They are needed for safety and access. He suspects there will be some impact. Mr. Lillig suggested the Board ask about whether the lenses are flat or convex and the pole height, to better understand. Mr. Payne stated they are fifteen feet high and cut -off luminares [sic], but would be agreeable to doing whatever was necessary to make them acceptable. Mr. Lillig stated the Department generally recommends flat lenses in a situation like this and fifteen -foot pole heights are actually fairly short. Mrs. Rice would like the lighting issue addressed, a commitment for the tree line, and the air conditioning and generator noise addressed. Mr. Payne made the commitments that any expansion of the current fence would occur on the school side of the trees and tree removal would not occur and the decibel level of the HVAC equipment would be no greater than the current level. Discussion followed on the noise level. The Carmel Police Department could take a current noise level reading at the property line and then again after the new construction is completed, to see if the reading is in compliance. John Joyce, 13041 Harrison Drive, Carmel, IN, felt the contractors had guidelines for the air handlers, but the issue was the air handlers at the top of this 45 -foot building would be funneling out over the neighborhood. He appreciated the certified letter. He had not followed the public meetings or newspapers about the school bus shop and now has noise beginning at 6:30 to 7:00 each morning. Page 7 Carmel/Clay Board of Zoning Appeals September 23, 2002 Page 8 of 10 Sandro Franchi, 12811 Limberlost Drive, Carmel, IN, stated the trees on the west side are not evergreens, but bare trees about 80% of the school year. He cannot see that there is 175 feet between the new road and the properties. Mr. Dierckman asked if there was any negotiation relative to this auditorium? Mr. Payne stated it is the desire of the Carmel /Clay Schools that this be the location, size and configuration of the auditorium. It is approximately 310 feet from the current west building line to the property line and the auditorium addition extends approximately 140 feet, so that leaves 170 feet. Mr. Lillig stated that looking at the plans, it appears the light poles along the west side are 30 feet, not 15 feet. Mr. Dierckman moved to deconsolidate the variance requests. The motion was seconded by Mrs. Rice and APPROVED 5 -0. Discussion followed regarding the 30 -foot pole lighting issue. Mr. Payne made the commitment to adjust the light standards to 15 feet tall, with flat lenses, along the west property line. Discussion followed again about the placement and height of the auditorium. Mrs. Rice moved to separate the sign variance requests, and table the Special Use Amendment (SUA- 160 -02) and Developmental Standard Variance (V- 166 -02). The motion was seconded by Mr. Dierckman and APPROVED 4 -1, with Mr. Weinkauf casting the opposing vote. Mrs. Rice moved to approve the sign variance requests, V- 161 -02 through V- 165 -02, Carmel/Clay Schools Clay Junior High. The motion was seconded by Mr. Dierckman and APPROVED 5 -0. K. Old Business lk. There was no Old Business on the September 23, 2002, agenda of the Board of Zoning Appeals. L. New Business 1L. There was no New Business on the September 23, 2002, agenda of the Board of Zoning Appeals. Page 8 Carmel/Clay Board of Zoning Appeals September 23, 2002 Page 9 of 10 M. Adiourn Mr. Dierckman moved to adjourn the meeting. The motion was seconded by Mrs. Rice and APPROVED 5 -0. The meeting was adjourned at 8:45 pm. Michael Mohr, President Connie Tingley, Secretary Page 9