HomeMy WebLinkAboutMinutes BZA 05-23-11 r City of arms
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MINUTES
Carmel Board of Zoning Appeals
Regular Meeting
May 23, 2011
Council Chambers, Carmel City Hall
Present: James Hawkins, President
Kent Broach
Leo Dierckman
Earlene Plavchak
Ephraim Wilfong
Connie Tingley, Recording Secretary
Staff members in attendance: Angie Conn, Planning Administrator
Mike Hollibaugh, Director, Department of Community Services
Legal Counsel: John Molitor
Previous Minutes:
On a motion made by Earlene Plavchak and seconded by Leo Dierckman:
The Minutes for the meeting dated April 25, 2011 were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report: Angie Conn
Docket No. 11020010 SU Latter -Day Saints Mormon Temple Meetinghouse
o Petitioner has worked diligently with Engineering and Forestry Departments
o Both Departments are now satisfied with the revised plans and support the petition
Legal Report: J oh Molitor
The Petition for 646 Johnson Drive has been withdrawn
o The Judge ruled favorably for the case brought by Plan Commission on the plaintiffs
motion for a summary judgment
o Ruling has been entered against Mr. Lewis
o Appeal was withdrawn by the neighbors
House Bill 1311 which updates State Statues regarding planning and zoning processes was
signed into law by the Governor.
o Will prepare a report for ramifications for the Plan Commission and BZA
American Cell Tower on Towne Road litigation was postponed again because of a conflict
in scheduling
o Will be heard June 28
o Anyone welcome to attend
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Carmel Board of Zoning Appeals
May 23, 2011
Public Hearings (no new petitions)
Old Business
1. (SU) Latter -Day Saints Mormon Temple Meetinghouse.
The applicant seeks special use approval for a temple and religious meetinghouse:
Docket No. 11020010 SU Ordinance Chptr 6.02: church /temple /place of worship in
S2 zone. The site is located at the SW corner of 116 St. and Springmill Rd. on 12 acres. It is
zoned S2/ Residence and lies within the West 116 Street Overlay. Filed by Kerry Nielsen of
the Church of Jesus Christ of Latter -day Saints for Suburban Land Reserve, Inc.
Present for the Petitioner:
Kerry Nielsen, Project Manager, Church of Jesus Christ of Latter -day Saints for Suburban Land
Reserve, Inc.
Great discussions, working sessions, and technical review with City Engineer's Office and
Urban Forester; good view points made
Have spoken with all neighbors who had concerns last month, except one; good input and
communication with comparables and examples
Updated site plan shown with boundaries
The ponds will be serving the initial area for drainage
Tree boundary area will remain with landscaping added to all borders and around pond for
bufferyard setbacks
o Additional layering with shrubbery and evergreen planting to control site lines, car
lights, traffic and pedestrian activity
Developed area is about 12 acres inside the circulation route
o Footprint of two buildings, utility enclosure and parking area leaves more than 60
percent open space
o With adjustments to landscaping there is a 100 -foot setback area adjacent to parcel
improvements; creating passive open space
There is 200 feet from the middle of the right -of -way to the property line plus another 40 to 50
feet of trees on the subdivision's side of the property line
Community traffic and cars are a serious consideration
o They will do their part through scheduled use
o Scheduled use of the Meetinghouse is off -peak traffic times
o Friday evenings and Saturdays for the Temple
o Sunda primary °usc for the tir ghou; e
o The proposed neighboring developments could be a factor in traffic
o Participated in a number of meetings regarding improvements to right -of -way to
improve capacity and function
Neighbors' concerns were traffic, the pond, drainage, obligations for the bounded area, the
south remaining 28 acres of residential S -2 property, noise and lighting
o Under the annexation agreement the S -2 area would remain residential
o Exhibits and good discussions with neighbors regarding on/off lighting schedules and
setbacks for security
o Discussions with neighbors regarding construction activity; distance, site, scheduling
truck traffic and plans, space and staging of construction and equipment, noise
Remonstrators:
Mac McNaught, 425 McLaren Lane, Williams Mill Subdivision
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Carmel Board of Zoning Appeals
May 23, 2011
Use is fine, excellent site plan
Assured parking will be scheduled for the two buildings
Main concern is the north/south drive off 116 Street connecting to Williams Mill
o Planning future connection to Valeside Crescent
o Create traffic shortcut through property and Williams Mill
o Should not be a straight/direct connection to Valeside Crescent
Andrew LeBlanc, 11495 Chateaux Drive
Good meeting today with Kerry
Main concern is the traffic off 116 Street and cut through
o 7:00 am traffic backs up past the Hilbert residence
o Traffic will immediately take a cut through to Springmill
It was his understanding they were trying to leave the west tree line intact
o They will remove trees from the entranceway
o Kerry stated it would be 200 feet from property line to middle of road
o Right -of -way road dips down toward west property line; may be less than 200 feet
o Kerry mentioned the dip /curve is done for aesthetic purposes only
Would like commitments made for tree line to be maintained without trimming or thinning
Would like commitment for no walkways or paths around the pond or through the woods for
security for residents of Chateaux and future development
Commit when road wraps around to provide additional buffering for Mr. Bedford's property on
the southwest border
Would like written commitments
No issue with project moving forward; would just like to get "what if's" out of the way
Perfect Storm: bought his property after Latter -Day Saints bought theirs; Bridges project was
started and information was distributed on another project at this intersection
Mac McNaught, 425 McLaren Lane, Williams Mill Subdivision
Harry Todd, Wallack Somers Haas, representing property owner Robert Goad could not be
in attendance
o Would like buffer line maintained
Phillip Kerr, 11540 Chateaux Drive, west of parcel
Also met. with Kerr today for solutions
Original tree line was about 75 feet, site plan is after trees have already been cut for roadway
Concerned about cut through from 116 Street
City wants walkways and paths; this loses seclusion and privacy
Would like firm commitments before project moves forward to protect residents on all sides
Consider totality of everything happening at Springmill and 116 Street
Rebuttal:
Kerry Nielsen
Altering the driveway connection is a good idea
o Valeside Crescent is public right -of -way
o City Engineer thinks it should be connected some way
o They will work with Engineering on this idea
Mr. Goad's property is on the west boundary
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Carmel Board of Zoning Appeals
May 23, 2011
o The open space is for safety and creating a path for utilities
o They will preserve the biggest trees in the mid section
o 200 feet will be the minimum west distance from neighboring properties
o There is no reason for paths through the trees
o Engineering asked for the typical profile of a path on both sides of the 50 -foot
right -of -way; two traffic lanes, curb, gutter; planting strip and sidewalk on each side
o Landscape graphic gave details of 50 -foot right -of -way defining boundary with layered
plantings to help control sight -lines of pedestrians and cars coming in and out
o Standard right -of -way is path on both sides; they are not promoting that and would be
glad to leave it out if agreed to by City Engineer's Dept.
They expect to extend the same treatmernt along the edge of the pond for buffering
o If the road does not go along the pond, they will have other options
o They intend to plant the edge of the pond with additional trees
o It will be maintained as open space with no development or activity
They are trying to balance aesthetics and safety for everyone; sight- lines, separation, privacy
while celebrating the quality of the open space
o They are treating all four sides with buffering
o The S -2 residential area will be included in drainage and buffering
o S -2 area will have largest lots possible with transition in the front
They have been working with Staff to make this Special Use compatible with the area
Department Report
Angie Conn
The Engineering and Forestry Departments are satisfied with the level of plans that support
this project
The S -2 balance of the property would have public hearing before the Plan Commission for'the
primary plat with opportunities for creative design; including altering driveway
This Special Use is just for the 12 acres
The 26 criteria for the Special Use have been met
This is a good transition buffer
The Department recommended positive consideration.
Discussion:
Permitted density under 2 is 2A units per ire
This is the only pubic forum for this Special Use
The S -2 section will go through the plat process in Plan Commission with approval for
architectural standards
Project needs firm commitments for the various pieces of the property
o Space to the west remain dedicated tree preservation area, including pond area
o S -2 area will remain with density associated to S -2; no further requests for change in
zoning or density
o No path on west side of roadway; subject to Engineering approval
o 200 feet minimum from middle of roadway to west property line
o Plant buffer along dedicated tree preservation area at south edge now so that it will be
mature when homes are developed
o Move continuance of roadway as close to mid -point as Engineering will permit
Page 4 of 5
Carmel Board of Zoning Appeals
May 23, 2011
Sidewalk on west side of roadway may require variance from Zoning Ordinance in addition to
Engineering approval
Cannot force petitioner not to seek rezoning
Moving roadway closer to Springmill might hinder future residents entering the neighborhood
o Make an indirect connection to Williams Mill to avoid cut through
Road cut onto Springmill will line -up with road cut for Bridges
Name will remain Indianapolis Temple because of Mormon District of the church
Density for residential area could be less than S -2 requirements
Action:
Time taken for Petitioner to discuss the Commitments with their Counsel
Commitments made by Latter -Day Saints:
1. Keep west Open Space /Tree Preservation area including pond area
2. Establish path(s) along right -of -way in the best interest of neighbors; try for Dept. of
Engineering's approval for one path along east side only
3. 200 feet minimum from center line of right -of -way to west property line
4. Develop tree buffer around edge of pond during development of Temple and Meetinghouse
5. Move 50 feet right -of -way so that a direct short cut is not created through Williams Mill
6. Respect conditions and density of S -2 residential area.
Motion: On a motion made by Leo Dierckman and seconded by Kent Broach:
Docket No. 11020010 SU, Latter -Day Saints Mormon Temple Meetinghouse be
approved with Commitments made by Petitioner.
MOTION CARRIED UNANIMOUSLY
2. Withdrawn By Petitioner: (A) 646 Johnson Drive Appeal (in Johnson Acres subdivision).
The applicant seeks the following permit issuance appeal:
1 1 1 1 1! 1 1 i 1 1 i.
The site is located at 646 Johnson Drive and is zoned R1 /Residential. Filed by Howard Holly
Green, John Beryl Colosimo, James Laura Dunn, Judy Wagner, and Michael Susan
Shaw, neighbors.
Adjournment
Motion: On a motion made by Earlene Plavchak and seconded by James Hawkins:
The Meeting be adjourned.
MOTION CARRIED UNANIMOUSLY
The meeting adjourned at 7:05 PM.
Approved this 27%1 day of de...-/ 20
Pre I ent James R. Hawkins Secretary ingley
Filename: 201105223.doc
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