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HomeMy WebLinkAboutMinutes BZA 09-26-11 C RT,\R C ity of arme 1 9Tii x n10 w 4 Wyk /ND' AN� MINUTES Carmel Board of Zoning Appeals Regular Meeting September 26, 2011 6:00 PM Council Chambers, Carmel City Hall Present: James Hawkins, President Kent Broach Earlene Plavchak Alan Potasnik 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 James Hawkins: The Minutes for the meeting dated August 22, 2011 were approved as circulated. MOTION CARRIED UNANIMOUSLY Department Report: Angie Conn Item #5 Docket No. 11080006 SU, Home Place, Section 2, Lots 245 -246: The Family Church, Inc. was two days late with newspaper public notice. Due to the large number of citizens present for Items #2 -4 Docket Nos. 11050019 SU Amend, 11060016 V and 11060017 V, Lubavitch Worship Center, recommended re- ordering the Agenda Action: On a motion made by James Hawkins and seconded by Kent Broach: The Rules of Procedure be suspended to hear Item #5, Docket No. 11080006 SU, Home Place, Section 2, Lots 245 -246: The Family Church and the Agenda be re- ordered to hear this item first. MOTION CARRIED UNANIMOUSLY Legal Report: John Molitor Executive Session immediately following this meeting for discussion of strategy with respect to pending litigation Public Hearing: WWW.CARMEL.IN.GOV Page 1 of 16 (317) 571 -2417 Carmel Board of Zoning Appeals September 26, 2011 1. TABLED INDEFINITELY: (UV) 3610 W 96 St. Office zoned p ope t y: i. 1 1 1 1. 1 1 The site is located at 3610 W. 96 Overlay Zone. Filed by James Whccicr of Coots Hcnkc Whccicr for Citizcns Bank of Paris. 5. (SU) Home Place, Section 2, Lots 245 -246: The Family Church, Inc. The applicant seeks the following special use approval: Docket No. 11080006 SU ZO Ch. 12.01 Permitted Uses, Religious Use in a Business District. The site is located at 10540 Jessup Blvd. The site is zoned B -1 /Business and located within the Home Place Business District Overlay Zone. Filed by Pastor Randy Wardwell for The Family Church, Inc. Present for the Petitioner: Dennis Lockwood, Lockwood Design Associates, 10610 N. Park Avenue, Indianapolis Renovate buildings on B1 property for church's use Property bounded by Jessup Blvd. on east, alley on west, B2 Business on north, and B1 Business on south; empty, wooded buffer R3 Residential across Jessup Blvd. Property is two lots with existing brick and block building on east lot and metal -sided pole building on west lot o Yard barn and metal barn already removed Fifty -feet drainage easement on west side of property; part of 150 -feet total drainage easement for right -of -way Site layout plan creates footprint joining the two buildings o Pole building currently leased until church is able to move into it for future growth and expansion Seventeen parking spaces provided for 65 sanctuary seats; 16 spaces required per Ordinance Providing four bicycle racks per minimum required by the Ordinance Floor plan shown o Original block building will be converted into a sanctuary with Pulpit and Baptistry in front and audio control area in rear o Area between the buildings will become entry lobby with two restrooms, a classroom, changing room for Baptistry and some mechanical storage o The existing metal building and door would continue as is East elevation facing Jessup Blvd will have windows installed and bare areas filled with brick for religious /residential feel for exterior o Brick will be painted white to tie entire building together with vertical and horizontal siding on metal building o Accent color will be light blue; matching existing building Existing roof has new asphalt shingles o Roof over in- filled area will be matching asphalt shingles Two -sided 18 square feet yard sign proposed with church's name and address Parking lot lights match other projects in the area o Accent soffit lighting will be used on brick on east elevation Page 2of16 Carmel Board of Zoning Appeals September 26, 2011 o Security down -light will be used at door on west side Proposed landscape plan will provide combination shade trees, shrubs and ornamental trees for buffering around the parking lot and side of building Rev. Randy Wardwell, 1361 Edinburgh Drive Family has lived in Carmel 26 years Appreciated meeting beginning with Pledge of Allegiance Sold former church site at Main and Old Meridian Downsizing at new location Public Hearing closed. Department Report Angie Conn Home Place Overlay Business District does permit this use Underlying B1 zoning requires Special Use review Landscape Plan is only outstanding issue o Per email today, City Forester would like additional buffering along east and north property lines Department recommended positive consideration conditioned upon approval of Landscape Plan by the City's Urban Forester. Discussion: Mr. Lockwood indicated they would work with the City Forster to come to agreement on the Landscape Plan Current sign on west elevation for existing business using the metal pole building o Per the Department, it is a grandfathered, non conforming sign o When business leaves, sign would be removed Architectural standards will apply, subject to approval by the Plan Commission o Board's concerns about the design could relate to compatibility with neighboring properties with regard to property values, health, safety and welfare o Petitioner is attempting to retro -fit existing buildings with addition in middle Ephraim Wilfong: Church was fine, but felt it could be architecturally better with single wall on multiple sides as opposed to different buildings with different materials o Dennis Lockwood agreed to look at that possibility Motion: On a motion made by James Hawkins and seconded by Kent Broach: Docket No. 11080006 SU, Special Use for permitted uses, religious use in a Business District be approved Conditioned upon approval of the Landscape Plan by the City Urban Forester. MOTION CARRIED UNANIMOUSLY Page 3 of 16 Carmel Board of Zoning Appeals September 26, 2011 2 -4. (SU, V) Lubavitch of Indiana Worship Center The applicant seeks the following special use amendment and development standards variance approvals: Docket No. 11050019 SU Amend ZO Ch. 5.02 Religious Use in Residential District. 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 religious use. 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, Coots, Henke Wheeler; Ken Remenschneider, Remenschneider Landscape Architects; Dennis Lockwood, Lockwood Design; Greg Snelling, Snelling Engineering made modifications since original approval; Kate MacGill, F C Tucker Realtor, will discuss property values; Rabbi Avrohom Grossbaum Renewal of Special Use granted in October, 2007 o Needed renewal because more than 3 years since original approval Variances needed in conjunction of development of project Neighbors Twin Lakes and Shelborne Greene subdivisions Changes made since first approval will be highlighted Renewal was originally scheduled on July 25 BZA Hearing Officer agenda o Mr. Broach, the Hearing Officer, made the assessment that additional matters being presented were not in the original Special Use approval (i.e. two variances) o Schedules conflicted with August 22 BZA meeting Public Notice sent for July Hearing Officer meeting o Determined by BZA Board that regular notice was sufficient for this meeting o 140 notices sent Long, narrow 96 Street parcel along east border of Shelborne Greene subdivision, west border of College Park Church and estate lots on the north Churches and places of worship are Special Uses in S1 zoning required to meet criteria October 2007 approval was extended a number times, as permitted, through the Department of Community Services Director o Met multiple times with Staff regarding project revisions being contemplated Variance is for minimum 200 -feet frontage along 96 Street o In 2007, a City street ending in a cul -de -sac was approved that provided the 200 -feet frontage on a public thoroughfare for the balance of the project Multiple meetings with Urban Forester and Department of Community Services in an effort to make it ecologically more friendly, eliminating as much asphalt as possible and a rectangular retention area, substituting with more green Revisions were made following the July BZA Hearing Officer meeting, taking into consideration some concerns from the public Special Use is for religious and education training Less EIFS and architecturally more aesthetic than design approved in 2007; cast stone appearance substituted for fifty percent or more of the EIFS Dimensions and interior layout remain the same Exterior skin of the building changed considerably Page 4of16 Carmel Board of Zoning Appeals September 26, 2011 Tim Irwin, Executive Director of Health by Design, supports the re- design of the site plan to make it more ecologically friendly From the Department's Report Findings of Fact: o Site is undeveloped within rapidly growing area Single residence in disrepair and state of decay has been removed Vegetation removed Petitioner thought these improvements qualified for the Ordinance time period o Places of worship are complementary and favorable uses within residential zoning Feel it is consistent with the Ordinance o Synagogue will fit into context of the area Adjacent to a large existing church Adjacent to single- family residential subdivision Multi- family units south of 96 Street o Utilities are in place o Multi- purpose path will be constructed along 96 Street City making improvements to 96 Street Pedestrian bike path will be installed Entrance from 96 Street consistent with a major thoroughfare o This use does not violate any Special Use requirements Overall design of building takes into consideration the width of the parcel o Layout and buffering o Service from east side that border existing church property Variance needed for reduction in 25 -feet side yard setback o 96 Street is front o Building is oriented toward east Side yard requires 45 -feet setback o West side adjacent to 20 -feet common area owned by Shelborne Greene HOA with adjacent 20 -feet drainage and utility easement (40 feet combined) 20 -feet setback along parcel creates 60 feet overall buffer between new building and any building constructed in subdivision Making it short 5 feet for the side yard requirement Ken Remenschneider, President, Remenschneider Associates, landscape architects and planners, 212 W. Tenth Street, Indianapolis Project began with traditional approach to site development and retention pond Now utilizing sustainable, low- impact development strategy o Retain more site features o Substantial tree preservation program, including fencing off drip lines of trees during demolition of building o Significant landscape restoration o Adding to buffering between development and its driveway and the neighbors to the west o Employing techniques that reduce need for stormwater infrastructure Use pervious pavers Tile retention in dominant use near plants Water goes back into ground rather than running off Page 5 of 16 Carmel Board of Zoning Appeals September 26, 2011 Vegetated swales create channels in the ground to allow water to flow into the ground As suggested at Hearing Officer meeting in July, heavy evergreen tree buffer be added Petitioner willing to build multi -use path along 96 Street in compliance with Carmel Bike and Pedestrian Plan to benefit public Kate MacGill, Realtor with F C Tucker Company, 9279 N. Meridian St., Indianapolis Full time realtor over 18 years; over $165,000,000 in sales Ask to provide opinion regarding affect on values of adjacent homes Examples provided: o Sale of 5726 Central Avenue, next to school, parking lot and access road Sold November 2006, priced at $213 per square foot Average for block was $156 per square foot o 525 E. Kessler Blvd., next to Shaarey Tefilla Synagogue Listed and sold in ten days for list price Never felt synagogue in backyard was adverse to this home Other facilities could go on this parcel o Wastewater treatment facility Home in Fishers next to wastewater treatment facility hard to sell because of smell o Gravel extraction operation, kennel, radio television transmission tower, commercial greenhouse, preschool, etc. Felt place of worship could be positive versus other uses Rabbi Avrohom Grossbaum, 2005 spoke with Jon Dobosiewicz in Depaitment of Community Services o Felt they met criteria o Minimum 5,000 square feet of space o One parking spot for each four seats o Side lots of 40 feet total o Best use for property o Next to another church Did not know about 200 feet frontage o Found creative way to meet requirement o Would need to clear mature trees and vegetation o Cost of cul -de -sac was exorbitant o Hired new environmental sensitive engineer o Worked with City Planning Department to keep most of the trees o Reduced carbon footprint and cost o Beneficial to neighbors Committed to being a good neighbor o At neighbors' requests, removed dilapidated building before beginning construction at an extra expense o One neighbor bought after synagogue's Special Use approval o At neighbors' request, driveway moved away from their properties Driveway fifty to sixty feet from the homes, toward church Page 6 of 16 Carmel Board of Zoning Appeals September 26, 2011 o Moved walking lane that had been adjacent to neighbors' properties Safety concerns regarding people walking to services o Handful of potential walkers on Saturday morning, relative light traffic o Some will be coming by car o Carmel plan calls for walking lane o Other streets in Carmel with cycling/walking lanes are busy Appropriate and best use for this parcel Spent thousands of dollars and many hours working with architects, site engineers and other professionals, and the City Planning Department In tune with national and local concerns regarding suburban sprawl Improvement to area, consistent with surrounding area, instead of paving over another parcel Public in Favor: Mike Schiffmiller, 9638 Cypress Way, west side of Cypress Way In favor of proposal Jay Walerstein, Summerlakes subdivision, east of Towne Road Lived and raised family in subdivision for 21 years In favor of proposal Look forward to having the congregation in close proximity to his property Robert Koor, 3539 Inverness Blvd, Shelborne Greene subdivision, west of parcel Feel it will be improvement to property Fern Mirkin, City Center and Guilford area Brought correspondence from College Park Church o Mr. Smith gave his full support Mary Farahan, 9753 Summerlakes Drive Carmel High School student Loves the City and growing up in Carmel Plans to return after college Cannot practice Judaism near home Parents moved to America to practice their religion freely Lucky to attend synagogue services in Indianapolis Has attended Jewish camps in Indianapolis, including one administered by Lubavitch Her grandparents were Holocaust survivors and would have loved these privileges Family must drive to Indianapolis to practice faith This Chabad House would mean parents had accomplished their goal Only a teenager, but old enough to practice her religion and be proud of where she came from Ted Mowery, 5792 Annandale Drive Not Lubavitch or Jewish, yet Cannot be counted among them, but supports the facility o Facility involved in getting Jews to become more observant Page 7 of 16 Carmel Board of Zoning Appeals September 26, 2011 o Positive contribution to community o Fulfill Jewish unity in the synagogue o Demonstrates we are tolerant and welcoming to the Jewish people o Pushing them away is not the message the community wants to send Mark Scheer, environmental Lawyer Not Lubavitch Lubavitch comes from a tiny village on the outskirts of Russia o When Russia became the Soviet Union, members immigrated o Escaped the Nazis in 1941 o They are people of loving kindness, gentleness, grace, inclusiveness o Has known the Grossbaum's for many years o They will be an asset to the neighborhood and this wonderful City Remonstrators: Michele Anderson, 9609 Cypress Way, Lot 319 adjacent to parcel The one homeowner that requested the dilapidated house be removed The former driveway ran along her property o In new plans, driveway has been moved to the east part of the parcel The property is too small for proposed facility It will substantially lower property values o In response to Ms. MacGill, Rabbi Grossbaum would be a lovely neighbor as a residential property Variance for 200 feet is for entire parcel, not just frontage o Building will be 28 feet tall o Span across four residential properties o 22 feet driveway with two lanes o Parcel is only 135 feet wide o Too much on a narrow property o 2007 and 2011 plans were shown Neighborhood cannot sustain another large facility o College Park Church has gone through a large expansion since the 2007 Special Use approval for Lubavitch Four additional parking lots Increased worship capacity by 101% Increased connecting space by 400% Increased adult education by 62% Have elementary school, preschool and nursery used during the week Floor plan of church shown Increased vehicular traffic all week, making no room for the Lubavitch traffic City requires protection of single family neighborhoods through buffering and vegetation City plan requires protection of single family residential character along with 96 Street between Springmill and Shelborne Roads City strives to protect wooded lots along with other natural features Places of worship are conditional rather than vested for placement adjacent to suburban, residential development and should buffer appropriately Page 8 of 16 Carmel Board of Zoning Appeals September 26, 2011 Current vegetation does not provide buffering with deciduous trees o Would need 30 feet evergreens to provide sufficient buffering If it remained residential property, someone would be on the property o Special Use will allow access to the neighborhoods when parishioners not at facility o Not all properties have fences separating parcels o No way to police who is going on and off the property Steve Noone, 9653 Cypress Way, Lot 311 adjacent to property, directly behind proposed building Built home 14 years ago and signed covenants Feel this property should also abide by zoning regulations and ordinances His career has been working in non -profit and religious organizations; understands law 200 feet minimum established for a reason October 2007 approval included cul -de -sac to meet 200 feet requirement o That cul -de -sac has been removed from new plans Not a renewal, the original variance approval expired o They have done nothing with construction Remonstrated at every hearing because this is way too narrow to accommodate the building o It is one -third short of minimum lot width Rabbi Grossbaum wants to be good neighbors, but that has not been carried out o Dealing with this since September 2006 o Only time anything is done to improve the lot has been because of Code Enforcement acting on complaints from neighbors o No way of knowing it will be any better than the past Andrew Osterholzer, 9643 Cypress Way, west of parcel, behind the building Would love to have Lubavitch as neighbors if property was wider o Sixty -five feet too narrow Submitted letter after July meeting Prior to purchasing his home in 2006 was told by City it was highly unlikely the property would become anything other than a private residence due to lot width Lot width established for a reason o To protect impact on neighbors o Buildings to set properly on parcel o Security Handling of case disingenuous, not by the Board o Clever abuse of the system to residents of Shelborne Greene Security, thefts and vandalism are concerns given discreet access previously mentioned o Hidden parking lot behind building o Are special patrols planned to look at property in evening hours; perfect for illegal or indecent activities in his backyard o Safety for approximately 18 young children; wander into parking lot or retention pond o Lubavitch has no control over contractors and service providers in view of his children and property Retention pond with less water capacity than previous two plans o Past spring property flooded for weeks for 100 yards in either direction Page 9 of 16 Carmel Board of Zoning Appeals September 26, 2011 Noise and light pollution Resale values presented were not 4- bedroom, 21/2 bath communities in Carmel o Older neighborhoods with dramatically different styled homes o Not a relative comparison Not enough space for 30 -40 feet tall pines trees needed for buffer o If foundation for building dug in tree drip -line, it will kill the trees Lot too narrow to service back side of building Twenty feet common area is yard area for Shelborne Greene homes What happens when congregation grows? o Move to another location, leaving building subject to questionable activities? o Construct more square footage? o What policies are in place for future of this site? Irresponsible of the City to make such a harmful variance to accommodate a few individuals at the expense of the residents of Shelborne Greene Robert McLaughlin, 9649 Cypress Way Comments do not pertain to Use Variance o Not trying to deny someone a place to worship Issue of trust o Told trees in buffer zone would not be disturbed Crews have pretty much leveled lot No survey indicating borderlines before clearing property Removed healthy and mature trees within the buffer zone Continued to work with chainsaws toward his property until he asked them to stop Defoliated everything they could touch o July Hearing slated as an extension of previous approval However, entirely new project with new site plan and changes Conditions for approval in October 2007 were no longer present Not the same project presented for extension or re- approval o Would not have purchased his property knowing it had a certain requirement o Lot with variance was allegedly satisfied with plan that was approved o Lot size and zoning requirements have not changed Safety and privacy issue, especially the plans submitted in July o Driving lanes and pedestrian paths were too close to west side property owners Should be strong consideration given to property values o Properties presented were not similar properties for comparison o Approximately $2 million in residential property immediately adjacent to this project o No confidence this would not have a negative impact on property values in this economy Steve Hantz, 9605 Cypress Way, adjacent to parcel Submitted letters for last three meetings Objections same as they were in 2006 o This narrow property is not suited for a public building, regardless of the building use Not opposed to Rabbi building an Orthodox Jewish place of worship in Carmel Object to any public building on that parcel; too narrow Zoning in place for a reason Page 10 of 16 Carmel Board of Zoning Appeals September 26, 2011 Hope land used as intended, original zoning requirements Special Use Findings of Facts need to be answered in the affirmative o Premises in question is physically suitable for the proposed Special Use That makes no sense because they are requesting a site width variance, 135 feet not suitable o The Special Use will not adversely affect vehicular and pedestrian traffic in and around the premises It will affect the pedestrian as well as the vehicular traffic The property should retain its current zoning The Rabbi would make a good neighbor in a residence Krista Pritt, 2616 Chaseway Ct, south of 96 Street Main concern is upkeep of the property o Building was torn down just recently o Have not taken care of the parcel o Has only owned her property since last year o Massive vegetation and a lot of animal activity Already questionable activity after dark with vehicles going back the driveway Concerned about pedestrian and bicycle traffic on busy 96 Street o No easements at this time; understand Carmel will be building some to help with pedestrian traffic Concerned about any sale in the future to a different organization Buffer along Cypress Way properties should be thicker than it is Rebuttal: Ken Remenschneider (retention pond and tree clearing issues) Federal government has changed requirements for stormwater management for cities and towns o Impact of stormwater and how it affects aquatic life along its routes In the process of re- establishing meadows and wetlands that are part of the stormwater management system to meet new federal requirements New requirements will reduce amount of infrastructure needed to be built to manage stormwater requirements When they started working with this project, they took a walk of the site o Like to preserve trees because they have a large capacity to suck up water after a storm o City Forester and Administration are very interested in tree preservation o The property was left fallow for some time o A lot of the vegetation was invasive species: bush honeysuckle keeps native flora from growing under it o Did not have enough survey detail to be able to preserve the trees and be certain they would not be excavating and damaging the trees during construction o The clearing was to remove invasive species o Large fencing around trees that might be damaged o A few trees in the building footprint and parking lot o An interesting parking lot design came about in an effort to preserve a nice stand of trees in the middle of the parking lot for shade o Pulled driveway away from west property line Page 11 of 16 Carmel Board of Zoning Appeals September 26, 2011 o Bulk of stormwater management shifted into two basins (indicated on plan) o They will use pervious pavers in a couple areas (indicated on plan) They pull water into the ground, preventing runoff The Board and City Departments understand the code requirements for standards for the planned and orderly evolution of the City o Narrow site was challenge to the designers, landscape architects, architect and engineer o A project with constraints, prompts creative solutions o This is an outstanding proposal o If the acreage was not so long and narrow, a more intense development could go on the property Landscape along west side was code compliant o Mr. Broach suggested at July Hearing Officer meeting to more effectively buffer throughout the year with evergreen trees o Code compliant landscaping was replaced with evergreen trees to more effectively buffer throughout the year Dave Coots This use will be less intense than the 1800 -seat sanctuary at College Park Church o This has 31 parking spaces used on days other than Sunday Will not exacerbate traffic on 96 Street 96 Street is a major Cross County thoroughfare street on the City plan o Overall dimension of the building much smaller Drops from 28 feet high point for balance of building In 2007 Carmel Police Department preferred not to have any security devices at 96 Street (roping, chaining, etc.) o That would prevent the Police from patrolling o If it becomes an issue, they will work with the Police Department to secure the driveway Two hundred feet width issue is a major part of the variance application o The artificial cul -de -sac was not the best solution for the use of the property o The size of the building is dictated by the width of the property o No matter the size of the parcel, the building could be at the present location along the west boundary o Used considerate design elements for the adjacent properties Public Hearing closed. Department Report: Angie Conn The Worship Center Special Use was approved in 2007 o If Petitioner had continual construction within three -year time limit, the building could have been built by now Revisions to site plan are similar to original plan as far as intensity of use that was approved The cul -de -sac was a way around the variance for 200 feet requirement o Current plan is more aesthetically pleasing without cul -de -sac o Lot is still less than 200 feet wide Page 12 of 16 Carmel Board of Zoning Appeals September 26, 2011 The Department recommended favorable consideration of all variances due to the fact the use was approved in 2007. Discussion: Conditions /Commitments of 2007 approval: o Continue working with Department on screening of parking lot o Knee wall along parking lot o Evergreens to block parking lot illumination Department's opinion that current plan meets the intent of the Commitments All the additional evergreens screen west property line Earlene Plavchak: Wanted details for density, height and width of buffer along back of building to screen height Ken Remenschneider: Evergreen trees would average 30 -40 feet when mature o Single row, White pine planted at 6 -feet intervals o Sheared to make dense and increase capacity o Can have base spread of 15 -20 feet o Grading restraints for water flow north to south prevent berm for trees Earlene Plavchak: Private security firm may be needed Dave Coots: Applicant also wants the property to be secure If security becomes an issue, they would want to protect the property Rabbi Grossbaum: Greater security risk as it now stands as deserted property They would take appropriate security measures Ephraim Wilfong: Would future uses include outdoor activities creating noise issues for the neighbors? Dave Coots: Open area to north of building will be used by students after school or summertime for outdoor play activities Nothing beyond normal business hours of the center Ken Remenschneider: Far eastern side of property to use existing buffer Alan Potasnik: Appears to be an enclosed trash collection area abutting the southwest corner of proposed facility o Original approval showed brick and wood enclosure Page 13 of 16 Carmel Board of Zoning Appeals September 26, 2011 o New proposal looks like galvanized metal, warehouse material o Not as visually attractive as original approval Dennis Lockwood: Some revisions were made to enclosure o Intention was to allow vegetation around it to provide enclosure, as opposed to brick wall o Simplified the design with the intent of installing ground covering, shrubbery and vegetation, in tune with landscape design Alan Potasnik: South of that appears to be a brown square in the trees Ken Remenschneider: That is part of stormwater management facility When the basin to the north fills up, water goes across to this one Native plants used to populate a bio- retention basin cannot take the scouring and would be washed out There is a basin, berm and another basin with berm dropping in the center for water to flow over Stones are embedded into the soil with sedges to hold the soil to keep it from eroding Rather than retention area, they are bio swales that retain water long enough to soak into the ground (less than 48 hours) Not concrete or asphalt No depth to the area There is an elevated spot between the two basins, but the berm is actually the low spot Alan Potasnik: Approved yard sign indicates the address and Lubavitch of Indiana; proposed yard sign indicates the address and Chabad Center for Jewish Life o It has been called a synagogue and /or Chabad Center for Jewish Life o Will it be a community center or synagogue? o A number of uses are listed on the website, including a camp o Would it be used on Sundays? Rabbi Grossbaum: It will not be a community center like the JCC (Jewish Community Center) in Indianapolis with swimming, exercise equipment, etc. It will be a Jewish Life Center for study, prayer and communal fellowship Lubavitch and Chabad are synonymous o Lubavitch is name of the town or village where the group originated o Chabad is an acronym of three Hebrew words There will be Sabbath services like a synagogue There will be a summer program for kids; a Bible camp using the outdoor play area (ages 2 -10) Same activities as an average synagogue or church Page 14of16 Carmel Board of Zoning Appeals September 26, 2011 Main day of prayer is Saturday, may have occasional Sunday adult education sessions with three or four cars Kent Broach: Which are evergreens in the landscape plan? Besides along the building, how far along the property line does the buffer run? What is the timetable for this project? Ken Remenschneider: From the last meeting, the evergreens are proposed along the west facade of the church They are proposing code compliant landscaping along the other areas o In the code compliant landscaping, they are receiving credit from the City for the preservation of trees Great amount of effort and cost associated with creating the site and preserving the trees It will not match the buffer along the building and parking lot There will be existing trees plus additional landscaping Dave Coots: Final drawings need to be prepared for construction; Mr. Lockwood estimates three weeks to one month to finalize Assuming Carmel issues permits within the week following submission of final drawings, it would start this Fall and continue through completion (estimated to be 6 to 8 months) James Hawkins: Will water quality basin closer to the building hold water? Ken Remenschneider: Both basins are water quality basins Both are bio- retention basins that will drain down in 24 to 48 hours after a rain Motion: On a motion made by James Hawkins and seconded by Ephraim Wilfong: Docket Nos. 11050019 SU Amend, religious use in Residential District; 11060016 V and 11060017 V, minimum lot width, 200 feet and 25 -feet side yard setback for religious use, be approved. MOTION CARRIED 4 -1 (Potasnik negative) New Business BZA Executive Session held immediately following the meeting. Adjournment Motion: On a motion made by Earlene Plavchak and seconded by James Hawkins: The Meeting be adjourned. MOTION CARRIED UNANIMOUSLY Page 15 of 16 Carmel Board of Zoning Appeals September 26, 2011 The meeting adjourned at 8:30 PM. Approved this o22' day of /w__ 20 /1 I. P es James R. awkins Secretary Vimidingley 1 Filename: 20110926.doc Page 16 of 16