HomeMy WebLinkAboutMinutes BZA 01-25-99F. Legal Counsel Report
CARMEL /CLAY BOARD OF ZONING APPEALS
JANUARY 25, 1999
The regularly scheduled meeting of the Carmel /Clay Board of Zoning Appeals was called
to order by the President at approximately 7:00 PM in the Council Chambers of City
Hall, Carmel, Indiana.
Mayor James Brainard administered the Oath of Office to new board members Pat Rice
and Tom Yedlick.
Members present were: Earlene Plavchak; Pat Rice; Charles Weinkauf; and Tom
Yedlick.
Steve Engelking, Director, and Mark Monroe were present representing the Department
of Community Services. John Molitor, Counsel, was also present.
The minutes of the January 1 1th Special Session were approved as submitted.
John Molitor reported that a Senate Bill had been introduced to the Indiana General
Assembly by Senator Murray Clark, Senate Bill #628. The Bill creates a special zoning
overlay district for the western part of Clay Township and creates a Board that would
have special powers regarding zoning, highway and bridge construction in the western
part of the Township. This Bill will be monitored and the Board kept informed.
G. Announcements:
Mark Monroe reported that Item 5h., Carmel Centerpointe Sign (V- 54 -98) was TABLED
BY THE PETITIONER.
Also, the Board has specific requirements regarding Public Notice. Items 9h. and 10h.
did not meet the Board's 25 day notice deadline. A suspension of the Board's Rules of
Procedure will be required in order to hear these items this evening.
Gary Murray of Paul I. Cripe, Inc. reported that Notice of item 9h. was sent to adjoining
property owners in a timely fashion, however the public notice in the newspaper was
delayed due to the holidays.
Board Member Tom Yedlick announced his intent to abstain from discussion and voting
on Item 9h. due to a conflict of interest.
Earlene Plavchak moved to suspend the rules on item 9h., Docket No. V- 58 -98, seconded
by Pat Rice. MOTION APPROVED.
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Jackson Lau of Lau Associates reported that due to the holidays, the notice to the
newspaper was one day short of the publication requirement and that all property owners
had been noticed in a timely fashion.
Earlene Plavchak moved to suspend the rules on item 10h., Docket No. SU- 59 -98,
seconded by Tom Yedlick. MOTION APPROVED.
H. Public Hearing:
Note: Items lh. and 2h. were heard together and voted on separately.
lh. Overture Subdivision (V- 45 -98)
Petitioner seeks approval of a developmental standards variance of Section
33.3.02 of the Carmel /Clay Zoning Ordinance to increase the allowable project
density from 1.6 units per acre to 2.2 units per acre. The site is located at the
northwest corner of 126 Street and Hazeldell Road. The site is zoned S-
1 /Residence.
Filed by Steve Van Soelen of the Estridge Development Company.
2h. Overture Subdivision (V- 46 -98)
Petitioner seeks approval of a developmental standards variance of Section
33.4.03 of the Carmel /Clay Zoning Ordinance to decrease the minimum front
yard setback requirement from 22 feet to 10 feet. The site is located at the
northwest corner of 126 Street and Hazeldell Road. The site is zoned S-
1 /Residence.
Filed by Steve Van Soelen of the Estridge Development Company.
Steve Van Soelen, Vice President of Development for the Estridge Company appeared
before the Board representing the petitioner. Brad Love, Executive Vice President of
Estridge Custom Homes, and Tim Walsh, Project Manager were also in attendance.
Steve Van Soelen gave an overview of the project development as being at the corner of
126 Street and Hazeldell Road, consisting of 17.96 acres, 4.77 of which have been
included as open space (26.5% of the overall site.) Within the development plan are 40
homesites, built by Estridge Custom Homes, to create a village -type atmosphere. A
walking /jogging path is incorporated into the plan around the entire perimeter of the
development that will tie into the path on Hazeldell and the path on 126 Street. There
will also be a path that traverses the community, north/south, with asphalt walkway.
Each homesite has direct access to the common area.
The plan also seeks to preserve the tree lines on both the north and the west property lines
and boundaries. The price range of the homes will range from $275,000. to $450,000.
The variances are for the number of units allowed in a subdivision and the corner lot
setback from 22 to 10 feet.
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The Plan Commission approved the development plan and the Primary Plat on January
19
The property owner to the north is a Church; directly to the east is Hazeldell Parkway; to
the northeast is the Carmel Utilities Plant, an industrial -type use; and the property to the
south is a proposed subdivision with homes a little less in value than those proposed. The
neighbors to the West, Timber Crest Bend, will be the most impacted by the proposed
development. A letter received from the residents of Timber Crest Bend states that they
are in favor of the buffer created by the development; the development will protect their
property values; and the number of proposed units is not a concern. The proposed plan
creates buffers, open space and trees, and the Timber Crest Bend residents are in favor of
the proposed development plan.
The petitioner believes that the number of units being requested is in line and consistent
with the Comprehensive Plan, Vision 20/20. The Ordinance to implement the policies of
the Comprehensive Plan ear marked this area for 2.8 units per acre; the proposed plan is
2.2 units per acre.
The setbacks are on the six corner lots only and these issues have been viewed as no
concern with safety or welfare. The approval of the variances will cause no change in
use of value to the area. The average price of the homes is between $340,000. and
$350,000 range.
The petitioner reports that a strict application of the terms of the Zoning Ordinance will
result in practical difficulties in the use of the property. This particular parcel of ground
is overly- burdened by the rights -of -way taken for both Hazeldell Parkway, 126 Street,
and the round -about area (approximately 4 acres of ground). The new Residential Open
Space Ordinance calculation computes to just over 39 lots.
Members of the public were invited to speak in favor or opposition to the two petitions;
none appeared and the public hearing was closed.
Mark Monroe reported that the Department is recommending approval. Mr.Van Soelen's
statements regarding the Comprehensive Plan, allowances for density, the current S -1
Ordinance allowances for density; and the recently approved Residential Open Space
Ordinance are all correct and allow for development at a greater density than the
proposed plan.
There was discussion and questions from Board members regarding the open space
calculation and right -of -way areas.
John Molitor commented that at the time the City acquired the right -of -way for Hazel
Dell Parkway, it also acquired a landscape easement adjacent to the right -of -way in
which the owner of the property is not allowed to build or to provide for the parkway
appearance along the road. The City did not pay for the land -it only acquired a
landscape easement to prevent the owner from developing the property. The landscape
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easement is not owned by the City and can be counted as part of the developer's open
space.
There was further discussion regarding the new open space requirements as opposed to
the original open space requirements and the number of lots that could be fit on this
property with the additional constraints of buffer, setbacks, right -of -way, etc.
Earlene Plavchak moved for the approval of V- 45 -98, Overture Subdivision, seconded
by Pat Rice. APPROVED 3 in favor, Tom Yedlick opposed.
Earlene Plavchak moved for the approval of V- 46 -98, Overture Subdivision variance,
seconded by Pat Rice. APPROVED 4 -0.
3h. Cheswick Place, Lot 90 (V- 49 -98)
Petitioner seeks approval of developmental standards variance of Section 5.4.5
and 5.3.1 of the Carmel /Clay Zoning Ordinance to decrease the minimum rear
yard setback requirement for a pool from 20 feet to 6 feet and to allow the pool to
encroach within an easement by 4 feet. The site is located at 1014 Summer Hill
within the Cheswick Place Subdivision. The site is zoned S -1 /Residence.
Filed by Steve Moed.
Steve Moed, 1014 Summer Hill, Carmel, appeared before the Board describing the
encroachment of the pool into the easement by 4 feet. The 4 feet is the concrete pool
decking that goes into the drainage easement. There is an additional 40 feet to the rear of
the property to the lake for a total of 46 feet of serviceability. There are no neighbors to
the rear, and the back yard is a 5 acre lake.
Mark Monroe reported that the Department is recommending approval, however the
petitioner will need to approach the Hamilton County Surveyor's office regarding the
encroachment within the easement. The City's Zoning Ordinance does not allow the
encroachment, but the County has jurisdiction within the drainage easement. As a
preliminary, the County has voiced no objection to the encroachment.
Members of the public were invited to speak in favor or opposition to the petition, no one
appeared and the public hearing was closed.
There were questions from Board members regarding the situation of the pool on the lot;
Mr. Moed responded that it would be too close to the house if re- located, and from a
matter of aesthetics, it is best as proposed.
Mr. Moed has talked with his developer about the encroachment, and is not covered by
any covenants and restrictions as yet.
Tom Yedlick moved for the approval of Docket No. V- 49 -98, Cheswick Place, seconded
by Pat Rice. APPROVED 3 in favor, Earlene Plavchak opposed.
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4h. Shelbourne Greene, Lot 187 (V- 53 -98)
Petitioner seeks approval of a developmental standards variance of Section
26.2.19 of the Carmel /Clay Zoning Ordinance to decrease the minimum front
yard setback requirement from 25 feet to 24 feet. The site is located at 9728
Innisbrook Boulevard within the Shelbourne Greene Subdivision. The site is
zoned R -1 /Residence (cluster subdivision.)
Filed by Brian Rismiller of Benchmark Surveying.
Brian Rismiller of Benchmark Surveying appeared before the Board representing the
applicant. During a stake survey of the house at 9728 Innisbrook Boulevard, the survey
crew discovered that the home had been flipped or "mirrored" in the field at the time the
foundation was being built. It was discovered that there was a manhole in the middle of
the driveway, and the field decision was made to flip the house. The house is on a curved
lot and the calculations in the field did not take into consideration the off -set of the house;
this caused a corner of the house to go beyond the setback line approximately 9 inches.
There was no reduction in the side yard setback.
The current situation is not readily visible from the street and there is no sight limitation
caused by the corner "jutting out" beyond the building setback line. There are about 10
lots on the curve and this particular home blends in well with the surrounding homes.
Approval of the variance is being requested at this time.
Members of the public were invited to speak in favor or opposition to the petition; none
appeared and the public hearing was closed.
Mark Monroe reported that the Department is recommending approval. The plans as
presented to the City and as a part of the building permit did meet the minimum setback
requirements and were approved. The error occurred by a change in the field.
In response to questions from Mr. Yedlick, Mr. Rismiller stated that as soon as the error
was discovered, construction was halted.
Earlene Plavchak moved for the approval of V- 53 -98, Lots 187 Shelbourne Greene,
seconded by Tom Yedlick. APPROVED 4 -0.
5h. Carmel Centerpointe Sign (V- 54 -98)
TABLED BY PETITIONER
NOTE: Items 6h., 7h., and 8h. were heard together and voted on separately.
6h. Hamilton Crossing East Signs (V- 55 -98)
Petitioner seeks approval of developmental standards variances of Section
25.7.02 -11 of the Carmel /Clay Zoning Ordinance to allow an increase in the size of one
of the proposed center identification signs from 100 square feet to 150 square feet and to
allow an increase in the allowable height from 8 feet to 20 feet. Also, the petitioner seeks
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a variance to allow tenant identification on the three center identification signs. The site
is located at the southeast corner of 126 Street and U.S. 31. The site is zoned B-
2 /Business and is located within the U.S. 31 Overlay Zone.
Filed by Phil Nicely of Bose McKinney and Evans.
7h. Hamilton Crossing East Signs (V- 56 -98)
Petitioner seeks approval of developmental standards variances of Section
25.7.02 -9 of the Carmel /Clay Zoning Ordinance to allow the wall identification
signs to exceed the allowable size for certain tenant locations. The site is located
at the southeast corner of 126 Street and U.S. 31. The site is zoned B -2 /Business
and is located within the U.S. 31 Overlay Zone.
Filed by Phil Nicely of Bose McKinney and Evans.
8h. HAMILTON CROSSING EAST SIGNS (V- 57 -98)
Petitioner seeks approval of a developmental standards variance of Section 30.5.5
of the Carmel/Clay Zoning Ordinance to waive the requirement to begin
construction on the sign within one year. The site I located at the southeast corner
of 126 Street and U.S. 31. The site is zoned B -2 /Business and is located within
the U.S. 31 Overlay Zone.
Filed by Phil Nicely of Bose McKinney and Evans.
Phil Nicely, attorney, 8888 Keystone Crossing, Indianapolis appeared before the Board
representing Duke Realty, Limited Partnership. Also in attendance were Larry Mervel
and Craig Flandermeyer of Duke Realty and Steve Granner of Bose McKinney Evans.
The property being developed is located at the southeast corner of 126 Street and U.S.
31, and also the property located at the northwest corner of 126 and U.S. 31, known as
Hamilton Crossing West. Duke Realty has received approval from the Plan Commission
for two multi -story office buildings located on the northwest corner of the property and
ADLS approval from the Plan Commission for a mixed use development at the southeast
corner which includes both retail and a hotel.
The Plan Commission has approved ADLS for the entire development, including the
signs. The sign package is believed to be necessary for the development and compatible
with the U.S. 3 corridor. Hopefully, there will be no need for future tenants in the center
to appeal to the Board for a variance.
The first variance requested relates to identification signs for the center. Three
identification signs are proposed, one at the corner of 126 Street and U.S. 31; one at the
corner of 126 Street and Pennsylvania; and one at the southern end of the development.
Identification signs at each of the specified locations are permitted under the Sign
Ordinance The request is not for the number of signs, but rather the size of the sign at
126 Street and U.S. 31. The second part of the variance is to have tenant identification
on each of the ground signs. The proposed sign at 126 Street and U.S. 31 is a ground
sign 20 feet in height, with 150 square feet. The exact size and type of sign was approved
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by the Commission and the BZA with respect to Hamilton Crossing West, the office
development on the west side of the street.
It is the petitioner's position that there is an importance of similarity in the development
and would like to bring all the development within the Duke "umbrella." The ground
identification signs are essential at the rear of center; these signs are only 20 square feet
in size.
The petitioner has agreed with the Plan Commission that there will not be a multitude of
colors on the signs, but that the color on the ground signs would be limited to one color
(red.) Tenant signage would match the green awnings in the center, and the anchor
tenant will have a red sign, the third color is white.
In terms of total square footage permitted in the center, the petitioner is below that
allowable by Ordinance. (250 square feet is permitted, 190 square feet is being
requested.) The other variance being requested relates to the size of the sign for one of
the anchor tenants, and the right to "flip -flop" two of the signs.
The petitioner is requesting an increase in the square footage for the anchor tenant from
95 square feet to 130 square feet. In the event the end units contain over 5,000 square
feet, the petitioner would also like to flip the size of the sign from the front of the
building to the rear. Unless a tenant space is over 4,500 square feet, signage will be
restricted to the front only. All other signage will be limited to 75 square feet. In terms
of overall signage for the center, the petitioner has agreed to 1375 square feet.
The petitioner believes that the variances are not injurious to the public health, morals, or
general welfare of the community; the signs will be constructed in accordance with the
appropriate regulations and standards, and cannot be injurious in any way. The signage is
a benefit to the traveling public. The use and value of adjacent property is not
substantially affected in any adverse manner The appropriate size of the ground sign has
been determined by the size of sign across the street. The petitioner believes that the
Ordinance creates practical difficulties because it does not allow appropriate
identification to the traveling public, especially on a high -paced roadway such as U.S. 31.
Members of the public were invited to speak in favor or opposition to the petition; none
appeared and the public hearing was closed.
Mark Monroe reported that the Department is recommending denial of the variances for
the increase in height and size of the center identification sign adjacent to U.S. 31 and the
increase in the size of the sign for the anchor tenant from 95 square feet to 130 square
feet. The Department is recommending approval of the variances to allow tenant
identification on the center identification sign, to switch the allowable size of sign from
the U.S. 31 frontage to the Pennsylvania Street frontage and to waive the required time
limit for construction. The Department is recommending that if the variances are
approved as requested, a formal request should be made for a written commitment to be
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filed that would waive, for instance, wall signage along Pennsylvania Street and also
some of the sizes of signs allowed for the ground center identification signs.
In response to questions from Pat Rice, Mark Monroe stated that no specific request had
been made of the Task Force for a recommendation and none was rendered. However,
some of the members of the Task Force also sit on the Plan Commission that approved
the ADLS application.
Mr. Nicely commented that the petitioner has filed a plan for signage so that each tenant
does not have to come before the Commission for ADLS approval or a variance.
There were a number of questions regarding the size of signage on Pennsylvania Street
which is the back of the complex, as opposed to the front. There is a distinction in the
Ordinance that allows the size of signs along a highway as opposed to a city street. The
U.S. 31 corridor is not really designed for a lot of retail development, large signs, etc. but
more for office development.
Craig Flandermeyer commented that the signage will be internally illuminated, box
letters, red in color. The top of the sign will be of clear aluminum with the Hamilton
Crossing logo and will not be lit. The base of the sign will be brick to match the
building; the main body of the sign will be dryvit.
Pat Rice moved to approve Docket No. V- 55 -98, Hamilton Crossing East Signs,
conditioned upon receipt of a written commitment from the petitioner that he will forego
the signage allowable by Ordinance, seconded by Tom Yedlick. APPROVED 4 -0.
Tom Yedlick moved for the approval of V- 56 -98, Hamilton Crossing East Signs,
subject to the aforementioned commitment from the petitioner, seconded by Pat Rice.
APPROVED 4 -0.
Pat Rice moved for the approval of V- 57 -98, Hamilton Crossing East Signs, subject to
the afore mentioned written commitment from the petitioner, seconded by Earlene
Plavchak. APPROVED 4 -0.
NOTE: Tom Yedlick announced his intention to abstain from discussion and voting on
Docket No. V- 58 -98.
9h. Todd Witsken Tennis Center (V- 58 -98)
Petitioner seeks approval of a developmental standards variance of Section
23.A.3 of the Carmel/Clay Zoning Ordinance to allow a decrease in the required
greenbelt from 30 feet to 5 feet. The site is located at the northwest corner of
136 Street and Keystone Avenue. The site is zoned R -2 /Residence and is
located within the U.S. 431 (Keystone Avenue) Overlay Zone.
Filed by Gary Murray of Paul I. Cripe.
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Steve Pittman, 306 Mill Ridge Drive, Carmel appeared before the Board representing the
applicant. Gary Murray of Paul I. Cripe Engineering was also in attendance. Approval is
being requested to allow a decrease in the required greenbelt in conjunction with the
construction of five courts on the Carmel High School grounds. A tennis house will also
be constructed, but at a later date.
ADLS approval has been granted by the Plan Commission that would allow an
encroachment into the Keystone Overlay Zone. The proposed 5 courts will encroach into
the 30 foot greenbelt buffer. All other issues from the Technical Advisory Committee
have been addressed.
Members of the public were invited to speak in favor or opposition to the petition; none
appeared and the public hearing was closed.
Mark Monroe reported that the Department is recommending approval.
In response to questions regarding the tennis house, Mr. Pittman stated that the actual
tennis house is not a part of the petitioner's request, and will be built at some future date.
The tennis house would have men's /women's locker rooms, and coaches offices.
There is complete public access to the tennis courts; there are not closed in, locked up,
etc. but they are on school grounds and as such under the School's jurisdiction. Mr.
Pittman stated that all funds donated toward the Witsken Tennis Center are privately
solicited and not funded with public money.
Earlene Plavchak moved for the approval of Todd Witsken Tennis Center (V- 58 -98),
seconded by Pat Rice. APPROVED 3 in favor, none opposed, Tom Yedlick abstaining.
10h. Bethlehem Lutheran Church (SU- 59 -98)
Petitioner seeks Special Use approval to allow a church in a S -2 /Residence
district. The site is located on the east side of Meridian Corners Boulevard, one
property north of 131 Street. The site is zoned S -2 /Residence.
Filed by Jackson Lau of Lau Incorporated.
Jackson Lau of Lau Associates, 134 West Carmel Drive, Carmel appeared before the
Board representing the petitioner. Reverend George Schertz of Bethlehem in Carmel was
also in attendance and gave a brief history of the Church, organized in 1991, and
currently meeting in Smokey Row Elementary School.
The Church is located on the east side of Meridian Corners Boulevard and 131 Street
and is close to the Abacus Day Care Center. There is no retention pond requirement on
this lot, however, a lake will be built to elevate the grade of the lot.
The master plan consists of three phase buildings: fellowship hall, classrooms and
worship hall with a semi circular parking lot, plus a full parking lot on the west side of
the property to 131S Street. The sanctuary will be facing directly east.
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There are approximately 42 parking spaces incorporated into the initial phase of
construction with the fellowship hall. Phase two has 40 additional parking spaces, phase
three will contain 54 parking spaces for a total of 136 spaces. At the present time, all
utilities are located on Meridian Corners Boulevard. The storm sewer is approximately
150 feet away for connection.
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 that the Department is recommending approval of the Special Use
application, conditioned upon some minor TAC issues being resolved. There is nothing
substantial that would delay consideration of the project.
Tom Yedlick asked if the number of parking spaces is adequate for the building. Mark
Monroe stated that the City's minimum requirement for parking is one space for every 4
seats in the main sanctuary. However, there could be overflow parking needed for a
maximum attendance event.
Mark Monroe commented that under the present Ordinance, the Church would need
additional approval if the construction of addition or additions is greater than 10% of the
previously approved square footage.
Pat Rice moved for the approval of Bethlehem Lutheran Church, SU- 59 -98, seconded
by Earlene Plavchak. APPROVED 4 in favor, none opposed.
There being no further business to come before the Board, the meeting was adjourned at
9 :50 PM.
Ramona Hancock, Secretary
Charles W. Weinkauf, President
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