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HomeMy WebLinkAboutMinutes BZA 11-28-11Present: James Hawkins, President Kent Broach Earlene Plavchak Alan Potasnik Ephraim Wilfong Connie Tingley, Recording Secretary Staff members in attendance: Angie Conn, Planning Administrator Alexia Donahue -Wold, Planning Administrator Mike Hollibaugh, Director, Department of Community Services Legal Counsel: John Molitor Previous Minutes: On a motion made by Ephraim Wilfong and seconded by James Hawkins: The Minutes for the meeting dated September 26, 2011 were approved as circulated. MOTION CARRIED UNANIMOUSLY Department Report: Angie Conn Pointed out the email received from Judy Hagan and distributed to the Board members regarding Items #3 -5 Meridian Mail II, Docket Nos. 11101116 V-- 11100018 V. Staff recommended Item #1 Docket No. 11050006 UV, 3610 W. 96` St Office be withdrawn from Agenda, due to lack of moving forward with the Petition. Legal Report: John Molitor Appeal has been filed against Director's decision o Discuss options at end of this meeting to not delay Public Hearings Action: On a motion made by James Hawkins and seconded by Kent Broach: Item #1 Docket No. 11050006 UV, 3610 W. 96` St Office be removed from the agenda. MOTION CARRIED UNANIMOUSLY Public Hearings W W W.CARMEL. KGOV Page 1 of 13 (317) 571 -2417 Carmel Board of Zoning Appeals November 28, 2011 Removed for Agenda by Board's vote. 3 -5. (V) Meridian Main II (former North Meridian Heights neighborhood). The applicant seeks the following development standards variance approvals: Docket No. 11100016 V ZO Ch. 20G.04.02.A Required on- street parking Docket No. 11100017 V ZO Ch. 20G.05.04.b.2 Maximum 20 -ft front building setback Docket No. 11100018 V ZO Ch. 2.09 Required Compliance with Thoroughfare Plan The site is located at 1304 W. Main St., and is zoned a mix of OM/MU— Old Meridian Mixed Use on the southern portion and B -6 /Business and US 31 Overlay on the northern portion. Filed by Mr. Jamie Browning for Meridian Heights Associates, LLC. Present for Petitioner: James Browning, Meridian Heights Associates, LLC Property fronts 131 Street and U.S. 31 as part of a two -part development Applied for and received approval for Development Plan for building plans, drainage, road positioning and utility location Property fronting U.S. 31 is zoned B -6 in the U.S. 31 Overlay Zone First variance addresses property fronting 131" Street in the Old Meridian Overlay Zone that requires on -street parking Buckingham projects along Old Meridian have on -street parking in front of buildings Dept. of Engineering views 131 Street as different from Old Meridian Not a good situation for on -street parking in front of the building Traffic on 131 Street more significant Does not make sense to have cars trying to parallel park along 131 Street Variance would allow flexibility in concurrence with Dept. of Engineering Second variance is for Building 9A Ordinance requires building to be closer to the thoroughfare /main artery going north- south through the development Trying to avoid having this building directly behind another building Would like to place Building 9A further to the east to have visibility from 131 Street Third variance is for right -of -way from property Page 2 of 13 Carmel Board of Zoning Appeals November 28, 2011 o Pennsylvania Way is approximately 24 feet wide o Recently modified Thoroughfare Plan requires a 66 feet right -of -way o In their view, the roads will never align themselves in a way that will allow for 66 feet of right -of -way to the east or to the west o Asking to reduce the right -of -way to 50 feet o Dept. of Engineering is in support of the proposed right -of -way o Modification would allow for higher density in the development Public Hearing closed. Department Report: Angie Conn Graphics of street shown Thoroughfare Plan shows 66 feet right -of -way including two 12 feet wide side paths Petitioner is proposing one 8 feet wide path and one 5 feet wide walk That creates a large discrepancy Department is not in favor of the variances for the on- street parking and the right -of- way width Those go hand -in -hand Department feels the Old Meridian District Master Plan adopted in 2000 is still a viable document that promotes walkability and pedestrian friendliness Department is in favor of the building setback Department recommended denial of variances for on- street parking and Thoroughfare Plan right -of way (Docket Nos. 11100016 V 11100018 V) and positive consideration of the proposed building setback (Docket No. I1101117V). Discussion: Color rendering showed relationship between the two Meridian Main developments Road has been approved and built for Meridian Main I Two roads will connect making the two developments inter related Right -of -way established for Meridian Main I Trying to align the two developments Illustrates parking in front of the buildings However, trying to getaway from parallel parking along 131" Street Department stated with new interchange at U.S. 31 and 131 Street, it might not be safe for parallel parking, but definitely want parallel parking along the north/south drive Discussed tabling the variances to work with the Department for on- street parking and the Thoroughfare Plan Petitioner felt they had done that o Right -of -way came up at the Plan Commission meeting Motion: On a motion made by James Hawkins and seconded by Ephraim Wilfong: Docket Nos. 11100016 V through 11100018 V Meridian Main U, be tabled. MOTION CARRIED UNANIMOUSLY Page 3 of 13 Carmel Board of Zoning Appeals November 28, 2011 6 -7. (V, SU) St. Mary St. Mark Coptic Orthodox Church. The applicant seeks the following special use development standards variance approvals for a church: Docket No. 11100013 SU ZO Ch. 5.02 Special Uses Religious use on residential site Docket No. 11100014 V ZO Ch. 5.04.01 Max. building height exceeds 35 -ft The site is located at 12174 Shelborne Rd. It is zoned S -1 /Residence. Filed by Don Highlander of Connecting Spaces, LLC. Present for Petitioner: Don Highlander, Architect with Connecting Spaces, LLC and Paul Salama, Church Board member Paul Salama Coptic Orthodox Church is a Christian organization established in Alexandria, Egypt Emphasis is family building and counseling o Family- oriented Encourage Youth to pursue higher education Youth are motivated by what they have seen their parents accomplish Building architecture is unique Fuses indigenous Egyptian building traditions and materials with Greco -Roman Christian Byzantine styles Iconography also unique, focusing on religious truth and beauty Poster presentations highlighting beliefs of church and family values Locally involved in visiting homeless and elderly in greater Indianapolis area Also participated in Taste of Egypt Festival with foods, activities, etc. Music is derived from ancient Egypt Foods are mix of traditional and Mediterranean Believe their church would be welcome addition to the community Don Highlander Site is 5.5 acres Lot coverage approximately 32 percent, under 35 percent allowed o Approximately 10,000 square feet Parcel is across the street from an elementary school and large single family lots Engineering Department does not see any traffic issues Planning 134 parking spaces Most members will enter and leave church at different times Sunday School after main liturgy Light lunch is served for Youth Will maintain Thoroughfare Plan implemented at this site Proposing a left turn lane into the property from Shelborne South turn only when exiting the property; no left turns With approximately 68 percent greenspace, plenty of room for storm drainage and required landscape buffering Site is serviced by all utilities Page 4 of 13 Carmel Board of Zoning Appeals November 28, 2011 o 16 inch water main in front of property, coming from the school to the west side of property Plenty of water for domestic use and fire protection Sanitary sewer has been extended north and is within 25 feet of parcel Will be extended to the north; helping any future development Natural gas and electric also available Seems to be ideal site for a church Style of the church is Coptic Orthodox which typically has towers and a dome Dome exceeds the 35 feet height limitation Towers are exempt from Building Code; similar to steeples Public Hearing closed. Department Report: Angie Conn Church use is complementary to residential uses as described by the Comprehensive Plan o Recommend approval of the Special Use Staff in favor of maximum building height Most of the building meets 35 feet height limit The dome will be approximately 60 feet Building is centered on site; do not see any effect on adjacent properties Department recommended positive consideration of both Dockets. Discussion: There is one tall dome, some towers and domes at the altars Main dome in center is approximately 60 feet Towers are like steeples There are domes at each of the three altars; exceeding the 35 feet Currently four domes and two towers Variance is to approve everything above 35 feet Building height does fall within 35 feet Approval could be limited to design presented at this meeting Preliminary stage; design could change Only domes and towers could exceed 35 feet Buildings in Egypt are stucco -look Not planning to build out of stucco, but trying to maintain the look Hoping to find a cut masonry Preliminary landscape plan has been submitted Do not have inventory of existing landscaping Aware of buffering requirements Plan needs more work Have gone through TAC process Maher Rizkalla Current church is located at 800 E 110 Street (1 10 Street and College) since 1983 Page 5 of 13 Carmel Board of Zoning Appeals November 28, 2011 Community is under 100 families Plan to begin construction within one year of receiving approval Discussion continued: Topography is undulating o 35 feet is measured from average Motion: On a motion made by Alan Potasnik and seconded by James Hawkins: Docket No. 11100013 SU, Special Use on residential site and Docket No. 11100014 V maximum building height exceeds 35 feet with the caveat that maximum height of 35 feet is being applied to the domes and towers as presented this evening. MOTION CARRIED UNANIMOUSLY 8. (SU) Carey Addition, Lot 3 Starting Line Preschool. The applicant seeks the following special use approval: Docket No. 11100019 SU ZO Chptr. 8.02 Special Uses, preschool on residential site. The site is located at 110 3` Ave NE. It is zoned R- 2/Residence and lies within the Old Town Overlay Character Subarea. Filed by Diane Atkins. Present for Petitioner: Diane Atkins, owner of preschool Lost lease for current school location on Carmel Drive Looked at various buildings for school; strip centers, office buildings, houses This house fits the needs Near the high school Parking in the driveway is not a problem with only four instructors Students are dropped off and picked up Cars will drive down 3' Avenue, drop off and have access to other streets Will not make any changes to outside of house Would like to install fence in back and side yards for outdoor play areas Remonstrance: Pam Ocaranza, 230 1" Street NE, backyard neighbor over 20 years Many changes for residents in Old Town This is a neighborhood with families School would create more noise and additional traffic, close to private homes Enough noise and traffic every day from Carmel High School Preschool traffic would be in between the high school and grade school traffic times Streets are often blocked from events in Carmel Arts Design District No one would want a playground and signs in their front yard New Carmel distinctive style houses are being built in the area Recently started working from home for the peace and quiet Her office faces the back of this property Screaming kids outside her office Concerned about property value and future worth Area is not zoned for business Page 6of13 Carmel Board of Zoning Appeals November 28, 2011 There is a preschool building down the street Would need privacy fence in place of wire fence Feels property lines are not accurate Ms. Ocaranza's fence is within her property, not on the property line Not much back yard for children In her opinion, a gentleman in the neighborhood wanders the streets and could be dangerous for children o He has never been convicted, but there have been issues with him Her property is the only one directly impacted; very upsetting situation Rebuttal: Diane Atkins: Had looked at the former preschool at the end of 1" Street Renovations have removed the open space on the main floor Only one bathroom with one toilet for the whole house Would need reconstruction This house has open floor plan with two bathrooms on the main floor Not putting playground equipment in yard o Children will only be outside occasionally; 10 -15 minutes for free -play activities Fence will be black chain link; not privacy fence Children will use back door, therefore need fence Children are supervised by four teachers when outside Should not be able to hear children when they are inside Paul Dick, 13176 Fairwood Drive, McCordsville, IN, with Colliers International Realtor that helped locate this property Had looked for several months for location to meet preschool image Selected because of the commercial zoning/variance usage Several commercial properties in area This would be transitional use This will not subtract from property values Enhances properties Soft use of this property Property has been vacant for over one year Someone using and maintaining property will enhance area Small sign will enhance village concept City is seeking Public Hearing closed. Department Report: Angie Conn Site is still zoned residential o Received Use Variance approval in 2003 for a small business use Generally Department is in favor of this transitional use o High school, Masonic Lodge, office building in area Board could impose time limit to review use in a few years Page 7 of 13 Carmel Board of Zoning Appeals November 28, 2011 Department recommended positive consideration. Discussion: With two front yards, fence height would be 3'h feet Chain link would be permitted Large tree would remain Petitioner would commit to no playground equipment State guidelines would be followed for number of children Classes start at 9:00 am with 11:30 am transition and 2:00 pm pickup Maximum of 15 children at 2:00 pm Landscape exists with tall trees screening neighbor Earlene Plavchak Concerned with use Preschool facility available down the street that needs renovation Main concern: 11:30 am, Monday through Friday, there could be 25 children picked up at one time Twenty -five cars would need to park for pickup o Monday, Wednesday and Friday, 3 4 year olds —12 children and Monday through Thursday, 4 5 year olds —15 children, equaling 27 children Previous variance was approved because it was a very low impact use Owner and possibly one employee; no customers coming and going Remained residential in appearance This use will change character of this area It is not low- impact for a residential area Chain link fence will not give any privacy; any dog could get to children through chain links Preschool is good but not at this location Diane Atkins responses: No playground or fence at location down the street, small triangle side yard Many families have children in both classes; 12 of 15 students stay until 2:00 pm o Could stagger start times Was told six feet fence permitted in back yard/neighbor's side yard and three and one half feet in south and east front yards o Willing to install privacy fence Sign in front of house would not be visible to Ocaranza property Parents will not be parking Pull up and teachers will meet children Parents will drive off Just like preschools at churches Parking at Masonic Lodge and Carmel High School as well as along street would allow parents to park and come in Note: Masonic Lodge and Carmel High School are not preschool parking areas Page 8 of 13 Carmel Board of Zoning Appeals November 28, 2011 Discussion Continued: How many occupants does Fire Code permit for this property? o Spanish as a second language preschool gave this information No street parking between 8:30 am and 9:30 am o Will parents line up along the street for 9:00 am class? Per Staff: sign plan submitted meets Old Town Overlay requirements for square footage Property line between parcels indicated in photo Children will be entering on other side of property Driveway on west is double -width with covered two- garage on north side Five cars will fit in driveway Diane Atkins Responses Still looking into Fire Code number per request of Fire Marshall Line of cars with parents in the cars /not parked Previous location has parking lot Willing to change start times to alleviate traffic Very narrow area; not sure any room for evergreens between the two houses Confirmed parents drop off and teachers take children out of the car Earlene Plavchak Always got out of the car when dropping off her preschool -aged children, took child out n of car seat and walked them into the building Preschool down the street had driveway that came up to the front door so parents could get out the car and take children into the building Teachers cannot leave children in the building to come outside to get another child Does not feel this is appropriate site for a preschool Ephraim Wilfong Not appropriate to use other properties for parking without permission Not comfortable with Ms. Atkins not knowing maximum number of occupants to meet Fire Code Diane Atkins Responses Parking outside Masonic Lodge is public parking filled with Carmel High School students' cars Current parents would be okay with dropping children, instead of taking siblings out of the car when bringing in student One teacher would be in the classroom and one greeting the students Fire Marshall comfortable with number of students for square footage, provided they meet State Standards for educational use James Hawkins Did not feel the Board had all the answers they need If Petition denied, six -month waiting period before re- applying Page 9 of 13 Carmel Board of Zoning Appeals November 28, 2011 Petitioner should research Board's questions to mitigate concerns Drop -off and pick -up Maximum number occupants for square footage Student/teacher ratio Recommended tabling Diane Atkins Responses Felt Board's main concerns were drop -off and pick -up; willing to stagger start times of classes Occupancy is within Codes Other Fire Code concern is doors opening the other way Ephraim Wilfong Could be Code Enforcement issue if a neighbor would complain about the traffic /parking between 8:30 am 9:30 am John Molitor Did not know precise restrictions; early hours restriction is to keep high school students from taking all available street parking Property owners have permits for on- street parking Masonic Lodge probably does not invite non members for parking James Hawkins Thought some parking permits were sold to the high school students John Molitor Permits could be sold for private parking permits, not public street parking Diane Atkins Responses Four teachers includes her; all will park in the driveway Drop -off and pick -up will be along street Considered circular drive Transportation said that would cause more traffic problems Only about 20 yards from the door to the street Earlene Plavchak Concerned with parking requirements for employees; lined, number, etc Angie Conn Different parking requirements for school versus business Usually one space per classroom to accommodate teachers Also, one per every six students Old Town Overlay has fifty percent reduction of parking Numbers are okay for parking for teachers Parking for teachers is not an issue like the pick -up and drop -off parking Page 10 of 13 Carmel Board of Zoning Appeals November 28, 2011 Kent Broach If tabled, could work with Department on staggered starting times, privacy fence to screen neighbor's view James Hawkins Work with neighbor to mitigate concerns Diane Atkins Responses If tabled when could she come back? (next meeting January 24, 2012) Will be out of her building December 17 with nowhere to go Either this will work or she will be back at the drawing board Motion: On a motion made by Alan Potasnik: Approve Docket No. 11100019 SU, Special Uses, preschool on residential site. Amended by Kent Broach: subject to working with the Department to resolve issues discussed (staggered start times, compliance, screening, work with neighbor, traffic pattern, etc.) Earlene Plavchak did not feel Petitioner willing to work with Department on problems on her own. Did not see point in amendment. Motion seconded by Earlene Plavchak. MOTION DENIED 14 (Broach favorable) Legal Report continued: John Molitor Mr. Hollibaugh issued a Letter of Determination for Traditions on the Monon Planned Unit Development on 136 Street near Monon Greenway Various owners within the development, along with the developer, have been trying to work with Staff regarding various issues that have come up with the Planned Unit Development regarding infrastructure Both sides have appealed various determinations within the letter Appeals come to the Board of Zoning Appeals for interpretation of the Planned Unit Development Ordinance Appeals could consume a substantial portion of the January meeting Issues when brought to Appeals on both sides: Public notice to be given by suspending Article 6 of Rules of Procedure with respect to notice: Staff provide the public notice of both Appeals to affected property owners, instead of both appellants providing notice Notice would be sent by regular mail only, instead of certified mail, because all property owners within the Planned Unit Development are already aware of the appeals Page 11 of 13 Carmel Board of Zoning Appeals November 28, 2011 Does not feel Appeals affect adjacent property owners; they would not need notice Excessive amount of time may be needed for these Appeals; may want to consider special meeting date Pre hearing conference will be called between the sides to discuss procedural issues Expert witnesses at the hearing Cross examination of the witnesses Time allotted to both sides Discussion: Staff would be responsible for posting signage for the meeting Does not impact adjacent neighbors; only property owners within development Landscape requirements Proper installation of driveways Gutters, etc Related to Building Code and quality issues Process has been going on between Pulte, the neighborhood and the Department for over a year Internal dispute the Department has tried to mediate and enforce Number of issues have been resolved Both sides are not happy; HOA and Pulte No external complaints Leppert Funeral Home may be only property affected by PUD and overflow parking Probably not worth trouble of trying to get the appellants to reimburse City for notices Board could decide to notice surrounding property owners o Notice rules are set out in BZA Rules of Procedure o Need to meet 10 days State requirement Special pre- meeting may be needed for BZA Board to go over the PUD to minimize time and set ground rules o Could cover issues regarding ground rules, special witnesses, time limits, etc. at regular January 24 meeting and schedule special meeting at a later date Motion: On a motion made by James Hawkins and seconded by Ephraim Wilfong: To suspend Article 6 of the Rules, granting the Staff provide the public notice through regular mail to residents or occupants within the PUD. MOTION CARRIED UNANIMOUSLY Action: Staff will poll Board members for date for special meeting. Adjournment Motion: On a motion made by James Hawkins and seconded by Earlene Plavchak: The Meeting be adjourned. MOTION CARRIED UNANIMOUSLY Page 12 of 13 Carmel Board of Zoning Appeals November 28, 2011 The meeting adjourned at 7:50 PM. Filename: 20111128, doe Page 13 of 13