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HomeMy WebLinkAboutMinutes BZA 07-25-11 Hearing Officer V� 1 C f C 1 MINUTES Carmel Board of Zoning Appeals Hearing Officer July 25, 2011 Meeting 5:30 PM Caucus Rooms, Carmel City Hall Present: Kent Broach, Hearing Officer Connie Tingley, Recording Secretary Staff Members: Rachel Boone, Planning Administrator Angie Conn, Planning Administrator Legal Counsel: John Molitor Public Hearing 1. (V) King of Glory Church Signage The applicant seeks the following development standards variance approval: Docket No. 11060008 V Ch.25.07.02 -07 E: Sign located in road right of way. The site is located at 2201 E. 106 St. and is zoned S- 2/Residence within the Keystone Parkway Overlay Zone. Filed by Kristen Kohl of Sign Craft Industries on behalf of King of Glory Church. Present for the Petitioner: Kristin Kohn New monument sign in right -of -way off new roundabout at 106 Keystone Public Hearing closed Department Report: Rachel Boone City acquired right -of -way for new roundabout interchange Existing sign removed during construction Needs to be in right -of -way for visibility o Significant drop -off to Church property o Placement approximately 20 feet into 40 -feet right -of -way Replacing and upgrading previous signage Department recommended positive consideration of the variance. www.carmel.in.gov Page 1 of 7 (317) 571 -2417 Carmel Board of Zoning Appeals Hearing Officer July 25, 2011 Action: Mr. Broach APPROVED Docket No. 11060008 V, King of Glory Church signage for sign located in road right -of -way. 2 -4. (V) Fidelity Keystone Signage The applicant seeks the following development standards variance approvals: Docket No. 11070004 V Ch.25.07.02 -10 B Number of signs (6 proposed, 4 allowed) Docket No. 11070005 V Ch.25.07.02 -10 B Sign not facing a public right -of -way: west (1 proposed, 0 allowed) Docket No. 11070006 V Ch.25.07.02 -10 C Three signs facing one public right -of- way: east (3 proposed, 2 allowed) The site is located at 650 E. Carmel Dr. and is zoned B -8 /Business. Filed by Joe Calderon of Bose McKinney Evans on behalf of Equicor Development. Present for the Petitioner: Joe Calderon and Mark Zuckerman Aerial photos shown Currently no signage on west facade visible form Carmel Drive Bank of Indianapolis has one sign on north facade facing Carmel Drive Proposed new sign (3 balances east facade Three signs require variances because of location Tenant signage very important Propose two new signs for building subject to ADLS Amend Public Hearing closed Department Report: Rachel Boone Three existing wall signs and one upgraded ground sign This allows more tenants to be identified on outside of building Sign Ordinance allows two signs for multi tenant, multi -level building in addition to ground sign because of two public streets Not uncommon request for additional signage for upper floors Department recommended positive consideration of the variance. Discussion Signage design addressed at Special Studies committee Signage will all be same color (gold) Action: Mr. Broach APPROVED Docket Nos. 11070004 -06 V, Fidelity Keystone signage for number of signs (6 proposed, 4 allowed); sign not facing public right -of -way, west (1 proposed, 0 allowed); three signs facing one public right -of -way, east (3proposed, 2 allowed). 5 -7. (SU, V) Lubavitch of Indiana Worship Center The applicant seeks the following special use re- approval: Page 2 of 7 Carmel Board of Zoning Appeals Hearing Officer July 25, 2011 Docket No. 11050019 SU Amend Two development standards variances are ZO Ch. 5.02 Religious Uses in SI District. also requested: Docket No. 11060016 V ZO Ch. 5.04.03.E minimum lot width, 200 feet Docket No. 11060017 V ZO Ch. 26.02.08 25 -ft side yard setback for churches The site is located at 2640 W 96 Street and is zoned S1 /Residence. Filed by E. Davis Coots of Coots Henke Wheeler, PC for Lubavitch of Indiana. Present for the Petitioner: Dave Coots Brandon Schreeg, Remenschneider; Dennis Lockwood, Lockwood Design; Greg Snelling, Engineer Renewal of Special Use approved October 2007 o One year extension received administratively Landscape revisions o To preserve mature trees Efforts to minimize run -off and relocation of retention pond o Change water retention area Modifications made required variances for lot width and rear yard setback from 25 feet to 20 feet along west boundary Changes were shown in packet with comparisons (Tab 4) Landscape changes moved cul -de -sac configuration (Tab 5) Revisions constitute improvements in overall design o Reducing building area o Reducing impervious paving area by more than 50 percent o Reducing lot coverage o Reducing exterior lighting from 46 to 21 light fixtures o Reducing parking spaces from 36 to 31 o Improves retention of existing mature landscape material o Adds considerable landscape material along west boundary o Improves overall product o Photos of existing conditions along west elevation with mature trees and landscaping Specifics are shown in packet Undeveloped site in rapidly growing area Homeowners Association south of 96 Street did not anticipate any objections Minor construction compared to project at College Park Church Will not adversely affect surrounding property values Complimentary use to residential uses Low impact use contemplated by the Ordinance Parking reduced because of reduction in overall size o Parking re- oriented from east/west to circular parking oriented north/south o Toward the east, away from Shelborne Greene subdivision to the west Compatible with existing large church All utilities are in place 96 Street still undergoing improvements City Engineering office has approved accel /decel lane from entryway o Ties in with accel /decel lane from College Park Church to the east Page 3 of 7 Carmel Board of Zoning Appeals Hearing Officer July 25, 2011 Traffic flow will be accommodated by on -site parking and City improvements to 96 Street Favorable: Rabbi Avrohom Grossbaum represented supporters from the church Small congregation Vital facility for community for prayer, classes and fellowship Unique to greater Carmel /Indianapolis Hasidic community Classes are in the evening with Saturday as main day of worship o Services Friday evenings and Saturday mornings People are encouraged to walk to worship Nice transition from mega church to small church to residential Remonstrance: David Kennedy, President, Shelborne Greene HOA, 3468 Muirfield Way Familiar with situation in 2007 Residents along border primarily concerned with light, noise, hours of operation Patios, yards, etc along berm Had not seen new plans /revisions Mr. Broach explained the Petitioner needed to return to the BZA because building had not been started in the three -year approval time period. Mr. Coots remarked the building height had reduced from 31 feet to 28 feet, making better elevations. Remonstrance continued: Steve Hantz, 9605 Cypress Way, adjacent to parcel Opposed to granting lot width since beginning of project o 200 feet regulation for safety and traffic issues Had not seen new plan His understanding that cul -de -sac helped meet 200 feet requirement Driveway has moved toward Shelborne Greene properties Does not agree with Findings of Fact: o This request not suitable for property o Felt property values would be affected o Traffic would be affected by walkers; not safe to walk in street Trees along border are bare during Fall and Winter Steve Noone, 9653 Cypress Way Previously submitted letter with objections Primary objection is lot just not big enough for project He understood variance was granted because of the cul -de -sac Work was to begin fairly quickly after 2007 variance; nothing has started Received letter from Mr. Coots in May, 2009 asking them to consent to a site change o Essentially a straight road along west side of property o Building was going to be flipped so that it faced the opposite way o Did not sign the consent form Page 4 of 7 Carmel Board of Zoning Appeals Hearing Officer July 25, 2011 Year later trees and shrubs were cut down o Rabbi Grossbaum wrote they really wanted to be good neighbors and good stewards of the land o There has not been good stewardship of the land in this five -year project o No confidence in project being carried out in timely manner Not good project for this site Michele Anderson, 9609 Cypress Way, adjacent to parcel Lots of changes; need new application Removal of two -lane circular driveway on east side of property o This moves 22 -feet driveway 6 feet from her back fence o There is also 5 -feet walkway for pedestrians Increase in gross building area by 1195 square feet (Tab 5) Reduction in parking spaces from 35 to 31 o This is for addition of 8 bike spaces o Will these spaces be bicycle and /or parking spaces? o Does not see as reduction in parking Not suitable use for 135 -feet wide property She will be looking at the back of the building; not someone's home o Any resident would police who is on the property o Need security for all the hours the congregation is not on the property Property value will decrease o Two -lane driveway and walking path close to her property line Does not fit Comprehensive Plan o South Central Carmel plan requires protection of stable single- family neighborhoods Through buffering, vegetation and distance o West Carmel plan also strives to protect wooded lots and other natural resources o Too close to residences o Pictures show mature tress are bare and do not provide buffer or vegetation in Fall and Winter In the Fall, Rabbi Grossbaum wrote existing home had been abandoned many years and could wait for demolish Tab 3 aerial photo from 2007 does not show the current size of College Park church o New aerial photo shows additions to College Park 18 -feet sanctuary Jr. High Activity Center and Gym 12,000 square feet for Preschool, Elementary School and Nursery 62 percent increase in Adult Education space 8 more counseling and mediation rooms Increased attendance 44 percent in last 18 months This facility will be used throughout the week o Can streets handle the traffic? o College Park Church is buffered from Shelborne Greene by the vacant Lubavitch parcel as well as vegetation along their border 2011 improved plan is not same plan submitted in 2007 o Lighting along driveway eliminated Lights might be needed for safety for night -time services Page 5 of 7 Carmel Board of Zoning Appeals Hearing Officer July 25, 2011 o Improvements do not protect neighborhood's property values Lot is too narrow and close to Shelborne Greene for a church Andrew Osterholzer, 9643 Cypress Way, adjacent to parcel Purchased home on Cypress Way in 2006 o Sought home on that side of street for woods and privacy provided o City had no plans on file at that time o Assured from various departments would only be developed as private residence due to zoning and lot width restrictions This seems to be trying to get around Zoning Ordinance o Project was somewhat objected to at first o Cul -de -sac solution for 200 feet frontage has been removed o Not an extension or renewal; different proposal Concerned about security when congregation not present; theft and vandalism o Not patrolled regularly o Out of sight from street Buffer trees could be damaged during building process Not safe for members to walk to site Does not want contractors /service technicians viewing his children in backyard Neighborhood children can cross through to parking lot and detention pond Noise pollution from dumpster and cars Light pollution from light poles in parking lot During heavy rains, property becomes a swamp o Parcel sets lower than property to east o How will they manage extreme run -off? Feels it will affect resale value Over supply of commercial properties in area for church to locate Small congregation will probably increase and outgrow this facility Discussion by Mr. Broach: Concerns about driveway Landscape plan lacks evergreens; other churches have walls of evergreens to complete buffer Remonstrators brought up new points that need to be addressed Recommend petition be moved to full Board next month because of changes Would not need another public notice; may send first class meeting notice Packet of information was provided to Shelborne Greene HOA President Encouraged Petitioner to meet with neighbors Action: Mr. Broach TRANSFERRED Docket Nos. 11050019 SU Amend, and 11060016 -17 V, 945 Lubavitch of Indiana Worship Center to the full BZA Hearing, Monday, August 22, 2011, 6:00 pm. 1 Page 6 of 7 Carmel Board of Zoning Appeals Hearing Officer July 25, 2011 Adjournment The Hearing Officer adjourned the meeting at 6:35 PM. Approved this 2,7 day of 20 /I Hearing Officer Kent Broach Secretary Co; ie /gley File: 20110725 hearing officer.doc Page 7 of 7