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HomeMy WebLinkAboutMinutes BZA 04-26-99CARMEL /CLAY BOARD OF ZONING APPEALS APRIL 26, 1999 The regularly scheduled meeting of the Carmel /Clay Board of Zoning Appeals was called to order with the Pledge of Allegiance at approximately 7:00 PM in the Council Chambers of City Hall, Carmel, Indiana. Members present were: Earlene Plavchak; James Quinn; Pat Rice; Charles Weinkauf; and Tom Yedlick. Steve Engelking, Director, and Mark Monroe were present representing the Department of Community Services. The minutes of the March meeting were approved as submitted. John Molitor reported that a Bill has now passed the House and Senate that would create the Indiana Land Resources Council; this Bill is expected to be signed by the Governor. There is another Bill before the House that would make minor modifications in Board of Zoning Appeals membership if there were a second or third panel created. Items lh. and 2h. for Ameritech Telecommunications Tower scheduled for this evening remain Tabled at this time. H. Public Hearing: 3h. College Wood Elementary (V- 14 -99) Petitioner seeks approval of a developmental standards variance of Section 25.7.02 -5 of the Carmel /Clay Zoning Ordinance to allow an increase in the maximum size of signage on the site from 46 square feet to 70 square feet. The site is located at 400 South Guilford Avenue and is zoned R -1 /Residence. Filed by Cheryl Curry for the Carmel/Clay School Corporation. Cheryl Curry appeared before the Board representing College Wood Elementary, 400 South Guilford, Carmel, 46032. Approval is being requested to allow an increase in the maximum size of signage, initially established in 1966 when the building was first constructed. The School Building is setback approximately 1,000 feet from Guilford Avenue. The PTO has raised $4,000. in order to fund the new sign and it will not be lighted. At this time, there are no plans to enhance the landscaping. Mark Monroe reported that the Department is recommending approval. In response to further questions from Earlene Plavchak, Ms. Curry displayed a sample of the signage. The PTO is gifting the sign to the School and the School will maintain the sign. s:AMinutes \BZA \1999apr 1 Tom Yedlick asked about ADLS review; Mark Monroe responded that in this particular instance, ADLS review is not required, and institutional signs for Churches, schools, hospitals, are exempt. James Quinn opined that the signage should be a matter decided by the School Board. Earlene Plavchak moved for the approval of V- 14 -99, College Wood Elementary, APPROVED 5 -0. 4h. Keystone Office Park, Building 5 (SU- 15 -99) Petitioner seeks Special Use approval to construct an office building. The site is located on the south side of 98' Street, just east of Keystone Avenue. The site is zoned B-3/Business. Filed by Jim Nelson of Nelson and Frankenberger. Jim Nelson, 3663 Brumley Way, Carmel, appeared before the Board representing the Sheridan Group. Also in attendance was Greg Rasmussen of Weihe Engineers. Keystone Office Park was initially approved in the early 1980's. The original plan provided for 5 office buildings, although only 4 were constructed. Today, the Sheridan Group owns 3 of the buildings and the site for the 5 building; the 4 building is owned by Tom Wood. Jim Nelson displayed an aerial photograph depicting the site and the intersection of 96 and Keystone and 98 and Keystone. The site for the 5 building is on the eastern edge of the property, zoned B -3, and consists of 2 plus acres. The closest neighbor is the self storage facility to the east and the overflow display area for Ed Martin located in Bauer Commercial Park. The design of the office buildings is unique and conservative, and constructed of all brick. The proposed building is single story, 18,164 square feet, and designed to match the existing buildings. The proposed building will be oriented east /west with the front elevation facing internal to the park. A substantial setback has been created from 98 Street; the building will be enhanced with landscaping. Members of the public were invited to speak in favor or opposition to the proposed petition; none appeared and the public hearing was closed. Mark Monroe reported no outstanding items and the Department is recommending approval. James Quinn moved for the approval of SU- 15 -99, Keystone Office Park, Building 5. APPROVED 5 -0. s:AMinutes \BZA \1999apr 2 5h. Lancaster Variance (V- 16 -99) Petitioner seeks approval of a developmental standards variance of Section 5.3.1 of the Carmel /Clay Zoning Ordinance to decrease the required front yard setback for an accessory use from 75 feet to 46 feet. The site is located at 11642 Rosemeade Drive within the Rosemeade Commons Subdivision and is zoned R- 1 /Residence. Filed by Jim Nelson of Nelson and Frankenberger. Jim Nelson, 3663 Brumley Way, Carmel, appeared before the Board representing James and Paulette Lancaster, owners of lots 3 and 4 in Rosemeade Commons. Mr. Lancaster was also present. The Plan Commission previously approved the consolidation of lots 3 and 4 into a single lot known as lot 3, the purpose of which was to create a single parcel for the site of the Lancaster residence and a pool house and swimming pool. The plans for the pool house and swimming pool have been approved by the Architectural Control Committee of Rosemeade Commons and complies with their covenants and restrictions. The pool house is set back 46 feet from the right -of -way line of Rosemeade Drive which is 11 feet beyond the 35 foot building line established by the plat. The pool facility sets beyond the 35 foot building line by approximately 11 feet. The reason for the variance is because the rear of the property abuts a creek that meanders in a southeasterly direction; the outer limits of the floodway line extend eastward into the lot and occupy between 60 and 80 feet of the western edge of the property. The proposed pool facility sets 9 feet behind the right -of -way line in respect to the residence and 11 feet in respect to the building line. Members of the public were invited to speak in favor or opposition to the proposed development; none appeared and the public hearing was closed. Mark Monroe reported that the Department is recommending approval. In response to questions from Tom Yedlick, Mr. Lancaster stated that the pool house is designed for the pool use and entertainment as well, such as exercise equipment, small kitchenette, and entertainment area for entertaining around the pool. The pool house will not be used as living quarters for anyone. The fencing around the pool will be wrought iron, 5 feet in height. The pool will have a pool cover. Pat Rice moved for the approval of V- 16 -99, Lancaster Variance. APPROVED 5 -0. Note: Items 6h., 7h., and 8h. for Carmel Convenience Center, were TABLED due to the Petitioner's failure to appear. Items 9h. and 10h. were heard together. s:AMinutes \BZA \1999apr 3 9h. Woodland Springs Christian Church (SU- 20 -99) Petitioner seeks a Special Use approval to construct a church. The site is located on the east side of Hazel Dell Road, one property south of 146 Street. The site is zoned S- 1/Residence. Filed by Todd Ruetz of Campbell Kyle and Proffitt. 10h. Woodland Springs Christian Church (V- 21 -99) Petitioner seeks a developmental standards variance of Section 5.4.1 of the Carmel/Clay Zoning Ordinance to increase the allowable maximum height of the church from 25 feet to 60 feet. The site is located on the east side of Hazel Dell Road, one property south of 146 Street. The site is zoned S -1 /Residence. Filed by Todd Ruetz of Campbell Kyle and Proffitt. Todd Ruetz, 3324 Eden Way Place, Carmel appeared before the Board as attorney representing Woodland Springs Christian Church and as a member of its Elder Board. The Church is planning to construct a new facility on the east side of Hazel Dell Road, one property south of 146 Street. A Special Use Variance is required as well as a Developmental Standards Variance due to the proposed height of the structure that exceeds the 25 foot allowance by Ordinance. Also in attendance were: Mark Wright, Senior Pastor; Alan Peterson and Russ Love of the Building Committee; Mike Eagan and Matt Stalban of Schmitt Associates, Architects; and Larry Hemp, engineer with Woolpert. The current facility was built and began services in 1971. The Church membership has grown to the extent that additional space is required and there is no ground available for expansion at the current location. The Church will be built in two phases. The proposed site is bounded on the west by Ashton Subdivision, to the east is Ashmore Trace Subdivision; to the south is Spring Creek Subdivision, with the zone classification of S -1 /Residential. The property is not yet annexed and there is presently a petition in preparation for the annexation. The surrounding properties on the east, west, and south sides are within the City of Carmel. The property is relatively flat land with existing trees on the northern, eastern, and western perimeter. The trees located south of the proposed parking lot will be used as hedge rows for the parking area. Streets, curbs, sidewalks, and gutters will be provided. There are two curb cuts: one at the north side of the property, and one at the southern end for future development. The internal site circulation within the parking lot and the alley service areas are accessible to service vehicles and large delivery trucks. The building sets back 120 feet from the front yard setback to the east, and 210 feet from the sideyard setback to the north. A large landscaped area will buffer the church building from both the north and the east. s:AMinutes \BZA \1999apr 4 The building and parking lot cover about 25% of the total site area. At this time, there is no signage contemplated and a sign permit will be forthcoming at the appropriate time. The existing tree rows will be supplemented by additional landscaping. The building and parking facilities as well as the trash and storage area will be bermed and concealed by appropriate landscaping. The building will be served by City Water and Sewer, and the petitioner has agreed to give the City an easement for the sewer line. There is a drainage ditch along the north side of the property. The Church has agreed to install a 3 foot wide, concrete bottom to the ditch to facilitate the water. The present traffic conditions of HazelDell Parkway have not lent itself to any type of traffic study. However, the petitioner was provided with traffic information despite the construction. The traffic volumes in the area that have increased dramatically would not be present at the times the Church would be having its main traffic flow. The education and administration sections are compliant with the 25 foot height restriction; the worship /multi purpose section ranges in height from 35 feet to 50 feet and the steeple tower rises to 60 feet. The worship /multi purpose section is designed to serve as both a 600 seat auditorium with stage for preaching and worship as well as an open forum for family gathering, life activities. The Church's request for a variance is only for that portion of the structure that is necessary to the intended use of the facility and that is traditionally recognized and accepted as a center of worship. Woodland Springs Church held meetings with the neighbors of the proposed facility. All homeowners that attended the meetings were positive in their comments regarding the proposal. Members of the public were invited to speak in favor or opposition to the proposed development; none appeared and the public hearing was closed. Mark Monroe reported no outstanding issues at this time and the Department is recommending approval of both requests. In response to Earlene Plavchak's inquiry, Todd Ruetz stated that the present Woodland Springs Church facility has been sold to another church, the Chinese Community Church of Indianapolis. Mr. Quinn requested that a report from the Heritage Foundation be included in the official minutes. Mr. Quinn also asked that a letter be drafted to the Carmel City Council asking that an ordinance be introduced to exempt houses of worship from going through the government approval process. James Quinn moved for the approval of SU -20 -99 Woodland Springs Christian Church. APPROVED 5 -0. s:AMinutes \BZA \1999apr 5 James Quinn moved for the approval of V -21 -99 Woodland Springs Christian Church. APPROVED 5 -0. llh. Old Meridian Office and Apartment Building (V- 22 -99) Petitioner seeks a developmental standards variance of Section 20D.7.3 to decrease the required minimum side landscape yard from 10 feet to 5 feet. The site is located one lot south of the southeast corner of Carmel Drive and Old Meridian Street and is zoned M- 3/Manufacturing. Filed by Adam DeHart of Keeler -Webb Associates. Adam DeHart, project manager for Keeler -Webb Associates, 486 Gradle Drive, Carmel appeared before the Board representing the applicant. The proposed facility consists of an apartment building and office space and is located along Old Meridian Street. The site contains 2.43 acres and is bisected by a storm sewer along Meridian Street, into an open drain, flows south and then east along the property line. There is also a 20 foot easement on the site and approximately 9 /10 of an acre is not buildable. The parking facilities and the building will be located within the easement guidelines and setback guidelines for M -3 zoning. The apartments will be leased on short and long term leases for professional executive suites. The sanitary sewer will service both the adjoining property, (Reliastar) and the proposed facility. Access will be provided onto Old Meridian and Carmel Drive for a through traffic pattern. Accel/decel lanes will be installed by Landmark Properties to serve both lots 1 and 2. Internal sidewalks will be provided; large Oak trees on site will be preserved. The 10 foot, side yard greenspace will be utilized in the form of a common access drive. The Old Meridian Task Force has recommended internal parking areas behind the facility and a minimal amount has been placed to the front of the building that would be expressly for the clients of the businesses on the first floor. All tenants on the second floor would park at the rear of the structure; an elevator is incorporated into the plans The existing vegetation along the legal drain on the south property line will be enhanced so that the entire southern and western boundaries are green areas. Members of the public were invited to speak in favor or opposition to the proposed petition; no one appeared and the public hearing was closed. Mark Monroe reported that the Department is recommending an alternative so that the joint access road would have a five foot landscape strip on either side of the street rather than backing the access road against the building to the north and the sidewalk to the north. Mr. DeHart responded that in order to meet the parking requirements, the petitioner has tried to align the parking lots and landscaping islands to preserve the existing trees within s:AMinutes \BZA \1999apr 6 the required 10 foot landscaping area. It is possible to move the sidewalk adjacent to the building and re- locate the landscaping to the curb area. Mark Monroe clarified the Department's recommendation: The 5 foot landscape area is recommended to be installed between the northern building and the access road. There would also be a 5 foot landscape strip on the south side adjacent to the building. The northern building has no landscaping between the building and the access drive that connects to Old Meridian. There was further discussion regarding the positioning of the landscape strip and the requested variance for the minimum side landscape yard in relation to the access road. Mr. Quinn felt that the petitioner was proposing a building that was too large for the site and that the Department and the petitioner were at odds with the Department's position. It was Mr. Quinn's observation that there seemed to be much confusion on the proposal. Mr. Quinn was in favor of Tabling this item until the next BZA meeting in order for the petitioner and the Department to agree on the proposal. Mr. DeHart reported that the petitioner will be appearing before the Plan Commission for ADLS approval; each approval is contingent upon the other. The petitioner is willing to meet with the owner to the north and the Department to reach an amicable solution. Mr. DeHart expressed a willingness to table the petition. The Board took a short recess to allow the petitioner an opportunity to clarify his request. Mr. DeHart stated that the petitioner intends to leave his application as submitted. The petitioner affirmed his request for relief from the sideyard landscape at 12400 North Old Meridian. In an effort to provide 10 feet of landscape area, the access drive will be located entirely on the petitioner's site, and to leave the area between the sidewalk and the common access drive as green area. The net result of relocating the access drive is a slight reduction in the square footage of the structure in order to accommodate the drive and the sidewalk on the petitioner's property. Mr. Molitor stated that the Rules of Procedure provide for minor, oral amendments to be made to a petition, and this can be done as part of the motion for approval. Jim Quinn moved to amend the petitioner's request to provide for a decrease in the required minimum side landscape yard from 10 feet to 0 feet, seconded by Pat Rice. APPROVED 3 in favor, Jim Quinn and Tom Yedlick opposed. Earlene Plavchak moved for approval of V- 22 -99, Old Meridian Office and Apartment Building, as amended, (decreasing the minimum side landscape yard from 10 feet to 0 feet). APPROVED 3 in favor, James Quinn and Tom Yedlick opposed. s:AMinutes \BZA \1999apr 7 12h. P.J's College of Cosmetology and Office Building (SU- 23 -99) Petitioner seeks special use approval to use the properties as a school and office and to make other site improvements. The site is located at 1112 and 1118 South Rangeline Road. The site is zoned B-3/Business. Filed by Adam DeHart of Keeler -Webb Associates. Adam DeHart of Keeler -Webb, 486 Gradle Drive, Carmel appeared before the Board representing the applicant. Phil Stewart and wife have purchased the properties at 1112 and 1118 South Rangeline Road that adjoin Carmel City Hall to the west. The existing use is residential in nature, although it is zoned B -3 for business. In 1988, the facility was converted from residential to commercial. PJ's College has satellite schools in the four corners of Indianapolis and their corporate offices are located in the Carmel area. The petitioner is proposing to use the entire facility at 1118 Rangeline Road. The front porch of the building will be used as office space. The Chiropractor may utilize the site at 1112 Rangeline in the future, due to parking requirements. Presently, the parking is based on a single classroom of 20 persons. The total use of the facility is a maximum of 25 to 30 students with a maximum of 6 teachers and requires 31 parking spaces; the petitioner is providing 50 spaces. The petitioner is proposing to upgrade the curbing and the asphalt parking area at 1112 Rangeline. The existing entrance will be maintained and will be widened to accommodate emergency and two -way traffic. The north entrance will provide one -way traffic. The detention pond is being increased to accommodate the impervious area on site; the dead trees on site will be removed and replaced. The Stewarts are planning to install landscaping in the front portion of the building to screen the parking lot area and to enhance the existing landscaping. Members of the public were invited to speak in favor or opposition to the proposed development; none appeared and the public hearing was closed. Mark Monroe reported no outstanding Technical Advisory issues and the Department is recommending approval of the plan at this time. Adam DeHart confirmed that the curbing, and existing asphalt will be upgraded, the parking stops will be removed, and all drive access isles and parking areas will have a poured concrete drive. Signage will be placed to indicate one way traffic in -one way traffic out. James Quinn moved for the approval of SU- 23 -99, P.J's College of Cosmetology and Office Building. APPROVED 5 -0. s:AMinutes \BZA \1999apr 8 There was discussion regarding the Rules of Procedure and whether or not Agenda items 6h., 7h., and 8h., could be automatically tabled to the following (May) meeting in the absence of the petitioner. It was determined that the Rules of Procedure provide for an automatic tabling if the petitioner does not show. Jim Quinn asked that the tabling rule provided for in the Rules of Procedure be considered for discussion at the next regularly scheduled meeting. Mark Monroe reported that he had talked with the petitioner earlier in the day and they have expressed an interest in tabling; however, no written confirmation was received. There being no further business to come before the Board, the meeting was adjourned at 10:30 PM. Ramona Hancock, Secretary Charles W. Weinkauf, President s:AMinutes \BZA \1999apr 9