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MINUTES*
Carmel Board of Zoning Appeals
Regular Meeting
Monday, February 22, 2010
6:00 PM
Council Chambers
Present: James Hawkins, President
Kent Broach
Leo Dierckman
Earlene Plavchak
Rick Ripma, Alternate
Connie Tingley, Recording Secretary
Staff members in attendance: Mike Hollibaugh, Director, Department of Community Services
Christine Barton- Holmes, Planning Administrator
Legal Counsel: John Molitor
Previous Minutes
The Minutes for the meeting dated January 26, 2010 were approved as submitted.
Department Report: Christine Barton Holmes
Item 3, Meridian Main tabled until March 22, 2010
Item 4 -11, Home Place Monon Gardens tabled until March 22, 2010
Item 12 -22, Long Branch Market w/Kroger (Altum's site) tabled until March 22, 2010
Item 1 i, 646 Johnson Drive Appeal tabled indefinitely
Legal Report: John Molitor
Settlement discussions continue for cell tower on Towne Road
o Decision point in next few days
o Need Executive Session next month
Public Hearing:
1. PFM Car Truck Care Center
The applicant seeks the following use variance approval:
Docket No. 09120011 UV PUD Z-500 -06 Vehicle repair not permitted in PUD
The site is located at 1441 South Guilford Avenue on 6.45 acres and is zoned PUD.
Filed by Jon Dobosiewicz of Nelson Frankenberger, LLC for Five J LLC.
*Limited audio and video available
Page 1 of 6
Carmel Board of Zoning Appeals
February 22, 2010
Present for the Petitioner:
Jon Dobosiewicz and Jim Shinaver, Nelson Frankenberger; John Neely, PFM; Jim Shields,
Weihe Engineers and Doug Beamer, T &W building contractor
Location indicated
Former PSI /Cinergy fleet maintenance facility (currently Duke Energy)
I -1 zoning before rezoned as part of Park Place PUD
19,000 square feet existing
4,200 square feet proposed addition
Retail and commercial store fronts
Photos of building and surrounding area shown
Duke distribution center remains; north of this parcel
Landscaping plan shown; approved January Special Studies meeting
o Berm raised with trees on top
o Mounding will be re- sculpted along front and parking area
o Proposed mound on north property edge
o Additional 53 evergreen and shade trees for buffer
Elevations approved January Special Studies meeting
Two overhead doors used for customers
Service area in back of building
Building designed to be complimentary to area buildings
Copy of Equicor letter of support given to Board members
Remonstrance:
Dave Coots, Coots Henke Wheeler, representing The Barrington of Carmel
Request does not meet Findings of Fact;
o Based on what used to occur in the building
Permitted uses in PUD are for indoor uses
o Auto shop would have outdoor storage of vehicles waiting for parts or pickup
Barrington is north of proposed development
o Pre -sales required for construction financing
o Construction to begin in less than six months
Park Place PUD Amendment (Z- 521 -08) added parcels 2 and 3: PSI/Cinergy properties with
Duke Energy participation
o Parcel 3 permitted uses include indoor equipment sales /repair
o Mr. Neely's other locations include truck, collision and outdoor storage /work
o Auto repair not compatible; permitted in other zoning classifications
Photo shown of unobstructed view from Barrington
o No landscape buffer at this time
Negative impact on neighboring properties
o Garage doors open during summer hours
o Noise pollution
Mark Henderson, 11541 Woodview Drive East
Concerned with commercial development in neighborhood
PSI had been inconspicuous with no night lights
Two -story buildings at Guilford and College negative impact
o Flood lights come into subdivision
Page 2 of 6
Carmel Board of Zoning Appeals
February 22, 2010
o Diminish property values
o Homes in area hard to sell
Rebuttal:
Jon Dobosiewicz
Distributed pamphlet to Board with additional information
Equipment sales /repair permitted; including farm equipment, heavy machinery, etc.
Duke Energy property between PFM and Barrington
Barrington 450 feet from PFM and 150 feet from Duke Energy
Barrington removing their tree buffer
PFM enhancing their buffer with proposed additional mound
o Buffering and transition above and beyond City requirements, per Scott Brewer, Urban
Forester
Mr. Henderson referring to Equicor development
Compatible use and re -use of existing building
Public Hearing closed
Department Report:
Christine Barton Holmes
Rezoned from I -1 to restrict uses
Proposed use less intense and more suitable than other permitted uses
Scott Brewer reviewed landscape plans; exceeds requirements
Department recommended positive consideration.
Discussion:
Only oil changes, tires etc. for cars and small trucks at this location
Cannot keep garage doors closed during summer months because of fumes, heat, etc.
Additional evergreens could be provided for buffering
Duke Energy participated in PUD and schedule of uses
Barrington $55 million project
o Senior and assisted living facility
o South two -story building for nursing home and assisted living closest to PFM
o 15 -foot site line from second floor
Could be developed by someone without variances
Landscaping berms identified on location map
o 14 -foot buffer should block second floor view
o Will provide more buffer as trees mature
Current tree line more deciduous than evergreen
Everyone assuming Duke Energy landscape buffer will remain
Barrington will landscape along multi purpose path
Any commercial development would have outdoor dumpsters, storage, etc.
Neighbors near other PFM sites do not complain
Noise does not carry across parking lot
Less impact then strip mall
Other industrial uses (Duke Energy power station and Telemon) already in existence
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Carmel Board of Zoning Appeals
February 22, 2010
Duke used current site for office and some truck repair; garage doors for entrance and exit
Hours of operation 7:00 am to 7:00 pm Monday through Friday; 8:00 am to 4:00 pm Saturdays
Earnest money involved
More property than needed for PFM
o Prime for development if economy improves
Motion: On a motion made by James Hawkins and seconded by Rick Ripma:
Docket No. 09120011 UV PFM Car &Truck Care Center be approved with Commitments:
1) no class 8 trucks (semis or higher); 2) no collision repair; 3) additional landscaping and 4) garage
doors closed between 8:00 pm and 8:00 am..
MOTION APPROVED 4 -1 (Dierckman negative vote)
2. IMPA Renewable Energy Project
The applicant seeks the following special use approval:
Docket No. 09120016 SU 25.13.01.A Tower in business district
The site is located at 11610 North College Avenueon 3.94 acres and is zoned B6 /Office /Commercial.
Filed by Scott Perkins of Perkins VonDeylen Architects for the Indiana Municipal Power Authority.
Present for the Petitioner:
Joe Calderon, Bose, McKinney &.Evans;. Scott Schafer, Perkins VonDeylen Architects Project
Director; and Philip Lopresto, ISC Distribution Engineer
Compatible with neighborhood and community
Used as demonstration unit for potential clients
25.5 —foot tower
B -6 zoning permits 100 -foot buildings
Aerial site photos of existing conditions
o Location of wind turbine on parcel
o In middle of 15 -foot area with surrounding landscaping
Noise level less than conversation
Precursor to future global energy development
No cost to community for services
Power shut -off labeled for Carmel Fire Department
Public Hearing closed
Department Report:
Christine Barton- Holmes
Special Use process needed for any towers
Visible traveling north at 116 Street and College
Modified to just over 20 feet
Buildings permitted at 100 feet
Department recommended positive consideration.
Discussion:
Model size for residential service
White fiberglass composite material or silver steel pole
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Carmel Board of Zoning Appeals
February 22, 2010
Piece of sculpture on top of flagpole
o Sculpture sets above 18 -foot flagpole
Turbine supplements electricity
o Goal to reduce energy usage 10 percent by generating own power
Can be building or tower mounted
Cell towers can be 100 feet
Most flagpoles are 20 to 25 feet; 40 -foot on a previous building
Visual pollution
Danger of kids trying to climb pole
This would be used for demonstration purposes only
Motion: On a motion made by James Hawkins and seconded by Kent Broach:
Docket No. 09120016 SU, Renewable Energy Project be approved.
MOTION APPROVED 3 -2 (Dierckman and Ripma negative votes)
3. Meridian Main TABLED UNTIL MARCH 22, 2010
The applicant seeks the following development standards variance approvals and use variance approval:
Docket No. 09050012 V 23B.08.03.A.1 Building height under 26' /one occupiable floor
The site is located at 1440 Main Street West and is zoned B6 within the US 31 Overlay.
Filed by Joseph Scimia of Baker Daniels and James Browning of Browning Investments for Meridian 131,
LLC.
4 -11. Home Place, Lots 26,26,40,47,48,100 (The Monon Gardens) TABLED UNTIL MARCH
22, 2010
The applicant seeks the following use variance and development standards variance approvals:
Docket No. 09110001 UV Section 9.01.01: permitted uses; to permit multi family uses on multiple lots
Docket No. 09110002 V Section 9.04.03.F: exceeding maximum 35% lot coverage per lot
Docket No. 09110003 V Section 9.04.03.D.1: reducing rear setback from 20' to 5' 10' per lot
Docket No. 09110004 V Section 9.04.03.G: minimum ground floor area, 800 s.f /dwelling
Docket No. 09110005 V Section 9.04.3.a: reducing front setbacks from 30' to 10' per lot per frontage
Docket No. 09110006 V Section 26.02.05: distance btwn multi family buildings on same lot
Docket No. 09110007 V Section 26.04.06: reduction of perimeter bufferyards for overall development
The site is located near 10505 Cornell Ave. and is zoned R- 3/Residence within the Home Place Overlay.
Filed by Scott Leopold of Leopold Building Group.
12 -22. Long Branch Market w/ Kroger (Altum's site) TABLED UNTIL MARCH 22
The applicant seeks the following development standards variance approvals:
Docket No. 09110015 V Section 23C.03.B: maximum 75% gross floor area permitted for retail uses
Docket No. 09110016 V Section 23C.08.02: maximum building setback from US 421 right of way
Docket No. 09110017 V Section 25.07.02 -08.b: Frontage on a public street
Docket No. 09110018 V Section 25.07.02 -08.b: three signs for a single tenant building (anchor tenant)
Docket No. 09110019 V Section 25.07.02 -08.b: three signs facing west (anchor tenant)
Docket No. 09110020 V Section 25.07.02 -08.c: maximum sign area (anchor tenant)
Docket No. 09110021 V Section 25.07.02 -8.G: type of changeable copy for a sign
Docket No. 09110022 V Section 25.07.02 -11.g: copy, multi- tenant building complex directory sign
Docket No. 09110023 V Section 25.07.02 -11.d: maximum height of multi- tenant building complex sign
Docket No. 09110024 V Section 23C.03.B: drive -thru location on buildings
Docket No. 09110025 V Section 23C.14.07: perimeter fence design
The site is located at 11335 N. Michigan Rd. It is zoned B-3/Business and located within the US 421/Michigan
Rd. Overlay Zone. Filed by Robert Barker of Zinkan Barker Development Co., LLC.
Page 5 of 6
Carmel Board of Zoning Appeals
February 22, 2010
I. Old Business
11. 646 Johnson Drive Appeal TABLED INDEFINITELY
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 R1 /Single family residential
Filed by: Howard Holly Green; John Beryl Colosimo; James Laura Dunn; Judy Wagner; and Michael
Susan Shaw, neighbors.
Motion: On a motion made by Leo Dierckman and seconded by James Hawkins:
The Meeting be adjourned.
MOTION CARRIED UNANIMOUSLY
The meeting adjourned at 8:10 PM.
1l/i
Approved this day of 20 /V.
A
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Pres' i%'- James R. Hawkins Secretary C R ie 1 gley
S: \Board of Zoning Appeals\Minutes \Board of Zoning Appeals 2010\20100222.doc
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