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HomeMy WebLinkAboutMinutes BZA 08-25-0311�IIIIV!`' ca q� It of arme Carmel /Clay Advisory Board of Zoning Appeals Regular Meeting Monday, August 25, 2003 The regularly scheduled meeting was held at 7:00 PM in the Council Chambers of Carmel City Hall on August 25, 2003. 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: Department Director Michael Hollibaugh and Planning Administrator Jon Dobosiewicz. John Molitor, Legal Counsel, was also present. Mr. Dierckman moved to approve the minutes from the July 28, 2003 meeting. The motion was seconded by Mrs. Rice and APPROVED 5 -0. Mr. Molitor gave the Legal Report. He had distributed two documents to each Board Member. The first was regarding a proposal pending before the City Council that would terminate the City and Township joinder effective at the end of this year. The second item was a copy of a letter received from Wayne Phears who represents Martin Marietta in the pending litigation. The letter was a proposed settlement of the two pending cases. Mr. Molitor wanted to discuss it at the end of this meeting or in Executive Session. Mr. Dobosiewicz gave the Department Report. Concerning Item lh, notice was made to the adjoining property owners. However, the public notice in the newspaper was made less than ten days. The Board does not have the authority to waive its rules because State statues require ten days notice. The petitioner could make the presentation at this meeting and the Public Hearing would be left open and final action taken next month so that anyone from the public could make comments at this meeting. H. Public Hearin lh. Lucky Farms Riding Arena (SU- 78 -03) Petitioner seeks Special Use approval to construct an indoor horse riding arena. SU -78 -03 903070008 §5.2 special use in S -1 zone The site is located at 9919 Towne Road. The site is zoned S -1. Filed by Adam DeHart of Keeler -Webb Associates for Lucky Farms, LLC. Present for the Petitioner: Adam DeHart, Keeler -Webb Associates. The Indianapolis Star had changed the fax number for legal notices and his notice had gone to the wrong office. This item was TABLED. Page 1 Carmel/Clay Advisory Board of Zoning Appeals August 25, 2003 Page 2 of 5 2h. (TABLED UNTIL SEPTEMBER 22) Nathan Hawkins Addition, Lot 6 (V- 79 -03) Petitioner seeks Development Standards Variance approval to construct a parking lot without curbing. V -79 -03 903070010 §27.3.2 parking lot curbing The site is located at 220 N Range Line Rd. The site is zoned B -1 /Business in the Old Town Overlay. Filed by Joe Sheets of JBS Holdings, Inc. 3 -4h. First Indiana Bank, Drive Thru (V- 80 -03; V- 81 -03) Petitioner seeks Development Standards Variance approvals for the following: V -80 -03 903070011 25.1.2.133(a) front yard setback V -81 -03 903070013 §27.7.01 -3 exempt signage: sign area The site is located at 10333 N Meridian St. The site is zoned B -5 /Business in the US 31 Overlay. Filed by Philip Nicely of Bose McKinney Evans LLP on behalf of First Indiana Bank. Present for the Petitioner: Steve Granner, Zoning Consultant, Bose McKinney Evans, 600 E. 96 Street, Suite 500, Indianapolis, IN. First Indiana Bank has purchased Metro Bank and one of the branch locations is 103 Street and Meridian. To upgrade the services provided at that location, they are proposing to construct a freestanding drive -thru banking facility. The sign complies with the Ordinance. The variance is simply to cover the lower base of the sign with the same silver skin as the buildings to make the sign look better. The second variance is for the detached accessory building setback. They prefer to move it closer to Pennsylvania and away from U.S. 31. He presented the steps they were taking through Plan Commission and Committee meetings for the ATM and signage. Members of the public were invited to speak in favor of or opposition to the petition. No one appeared. Mr. Dobosiewicz gave the Department Report. He pointed out the two proposed ground sign elevations. The Department felt the sign with the base cover looked less temporary. The Department felt it was more appropriate to place the accessory building further from the U.S. 31 corridor. The Department recommends favorable consideration. Mr. Dierckman moved to approve V -80 -03 and V- 81 -03, First Indiana Bank, Drive Thru. The motion was seconded by Mrs. Rice and both variances were APPROVED 5 -0. I. Old Business li. Meridian Technology Center Building F, 501 Congressional Boulevard (V- 71-03) Petitioner seeks the following Development Standards Variance: V -71 -03 903060008 25.07.02 -10c 60 square -foot directory sign The site is located at 501 Congressional Blvd, and the site is zoned B -6 /Business. Page 2 Carmel/Clay Advisory Board of Zoning Appeals August 25, 2003 Page 3 of 5 Filed by A Sign By Design on behalf of Duke Realty LP Petitioner was not present. The item was TABLED. J. New Business Mr. Molitor discussed the letter from Mr. Phears regarding the five Martin Marietta petitions. The staff was under the impression the lawsuits would be dismissed by Martin Marietta in exchange for an agreement by the staff that they would docket these five petitions on the Board's agenda. Martin Marietta was quite concerned about the sequence of these hearings. The staff had recommended that the petitions for the south parcel be scheduled first and had suggested September 29 for a special meeting. The north parcel would be scheduled for a special meeting October 13. Those were predicated upon Martin Marietta submitting necessary information to the Department to enable them to properly review the petitions, in particular in regard to the reclamation plans to follow and also in respect to hydrology. There has been some concern expressed by neighbors and the Carmel Utilities that some of the mining activities might impact the wellheads in that area. The Martin Marietta proposed settlement has three main elements as described in the petition. The fourth one would be the dismissal of the two pending cases. They want the sand and gravel application for the south parcel heard by itself on October 13. Secondly, they want the sand and gravel application for the north parcel heard sometime between November 3 and 21. That one is similar to the petition heard last May and which was rejected by the Board and is the subject of the first lawsuit. Thirdly, they want to defer the remaining three hearings until after the first of next year. They want the one for surface mining for the south parcel to be heard during the first quarter of 2004. The two petitions that concern underground mining, which would be a quarry type operation and would probably include blasting, they want those to be heard last. They are suggesting a combined hearing sometime during the second quarter of 2004. The only other element they are suggesting is that we agree these hearings will be conducted under the ordinances that were in effect at the time these petitions were filed. The ordinances have not changed during that time. There was an ordinance before the Plan Commission that would have changed the zoning ordinance to take mining out of special use and put it into mineral extraction district after rezone by the City Council. The staff withdrew that ordinance, when both Martin Marietta and the neighbors from Kingswood suggested it be withdrawn. Discussion followed regarding the order, the time line and the lawsuits. Mr. Molitor suggested they might be trying to create a clear record for any future litigation. Sherry Marchbanks, the Petitioner for Item li., Meridian Technology Center Building F, 501 Congressional Boulevard (V- 71 -03), arrived at this time. There was more discussion on the order, docketing, and time frame of the hearing of the petitions. Mr. Molitor had discussed the Martin Marietta proposal with Gene Lausch. Mr. Hollibaugh stated that Mr. Molitor had conveyed the sentiments of the Department. They will work with the Board, but would prefer not to separate the petitions into individual meetings on individual nights. That is time consuming and costly. They would like to look at the overall project. Page 3 Carmel/Clay Advisory Board of Zoning Appeals August 25, 2003 Page 4 of 5 Mr. Molitor stated that it seemed the consensus of the Board to empower the Staff to propose the schedule for two special meetings, the first to hear the petitions on the south parcel and the second to hear the petitions on the north parcel. Beyond that, they will not be separated any more. If Martin Marietta does not want certain of the petitions heard, they have the choice to withdraw them. The petitions will not be heard for the Mueller north property until they dismiss the lawsuits challenging the Board's decision. Mr. Weinkauf moved to move Item Ii., Meridian Technology Center Building F, 501 Congressional Boulevard (V- 71 -03) back into business. The motion was seconded by Mrs. Plavchak and APPROVED 3 -2 with Mr. Dierckman and Mrs. Rice casting the negative votes. li. Meridian Technology Center Building F, 501 Congressional Boulevard (V- 71 -03) Petitioner seeks the following Development Standards Variance: V -71 -03 903060008 25.07.02 -10c 60 square -foot directory sign The site is located at 501 Congressional Blvd, and the site is zoned B -6 /Business. Filed by A Sign By Design on behalf of Duke Realty LP Present for the Petitioner: Sherry Marchbanks, A Sign By Design, 4725 W. 106 Street, Zionsville, IN. Mr. Weinkauf pointed out that this item was tabled at the July 28, 2003 meeting to allow 30 days for the purpose of obtaining additional information for other signs for this complex. Mrs. Marchbanks distributed pictures of signs in the area similar to the sign they are requesting. They are all building identification signs. Firestone is the only one that has something other than the building address on it. However, all of these buildings sit close to this sign. The sign they are requesting is a little smaller. At design review, Duke agreed to take their logo off the sign. She also distributed a copy of the landscape design. Mr. Mohr pointed out that the pictures did not show a multi- tenant sign like the one being requested. Mrs. Marchbanks stated that was correct for that area. Firestone is the only one that has their company name on the sign and Firestone is the only tenant in that building. There are none with multi- tenant panels. The sign that was originally approved does not match anything else in the park. The proposed sign will match what is in the park, but will have a multi- tenant panel. The building for this sign sets way back in the back. The number 501 is on the building, but you can easily miss that. This sign will help with traffic flow. Members of the public were invited to speak in favor of or opposition to the petition. No one appeared. Mr. Dobosiewicz gave the Department Report. He distributed pictures of signs also. The Department is recommending the request be denied. If there is logic to allow the listing of eight Page 4 Carmel/Clay Advisory Board of Zoning Appeals August 25, 2003 Page 5 of 5 tenants, then there is a need to take a look at the ordinance and modify it to allow this to occur at all locations. There is nothing unique about this location. Discussion followed regarding the signs in the area. Some buildings have one tenant and list the name on the building. Other buildings have multi- tenants. This could start a precedent for other buildings in this park. Mr. Weinkauf moved to approve V- 71 -03, Meridian Technology Center Building F, 501 Congressional Boulevard. The motion was seconded by Mrs. Plavchak and DENIED 1 -4 with Mr. Mohr, Mrs. Plavchak, Mrs. Rice, and Mr. Weinkauf casting the negative votes. K. Adiourn Mrs. Rice moved to adjourn. The motion was seconded by Mrs. Plavchak and APPROVED 5 -0. The meeting was adjourned at 8:05 PM. Michael Mohr, President Connie Tingley, Secretary Page 5