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HomeMy WebLinkAboutMinutes BZA 01-24-12Present: James Hawkins, President Kent Broach Earlene Plavchak Alan Potasnik Ephraim Wilfong Connie Tingley, Recording Secretary Staff members in attendance: Legal Counsel: John Molitor Citv of Carmel MINUTES Carmel Board of Zoning Appeals Regular Meeting January 24, 2012 6:00 PM Council Chambers, Carmel City Hall Alexia Donahue Wold, Planning Administrator Angie Conn, Planning Administrator Mike Hollibaugh, Director, Department of Community Services Swearing -in of Members: John Molitor led swearing -in of James Hawkins, Earlene Plavchak and Ephraim Wilfong Election of Officers: On a motion made by Kent Broach and seconded by Earlene Plavchak: James Hawkins be elected President of the Board of Zoning Appeals. MOTION CARRIED UNANIMOUSLY On a motion made by Earlene Plavchak and seconded by James Hawkins: Ephraim Wilfong be elected Vice President of the Board of Zoning Appeals. MOTION CARRIED UNANIMOUSLY Previous Minutes: On a motion made by Earlene Plavchak and seconded by Kent Broach: The Minutes for the meeting dated November 28, 2011 were approved as circulated. MOTION CARRIED UNANIMOUSLY Department Report: Alexia Donahue Wold Item #1, Docket No. 11100016 V, Meridian Main II was withdrawn Items #14 -15, Docket Nos. 11120010 UV and 11120011 V, North Augusta, Lot 4, were tabled WWW.CARMEL.IN.GOV (317) 571 -2417 Carmel Board of Zoning Appeals January 24, 2012 Briefing of the Traditions on the Monon PUD issues and Planning Director's determination would be discussed at end of meeting Legal Report: John Molitor Will be given at end of meeting; relating to Traditions on the Monon PUD Public Hearing: 1 (V) Meridian Main II (former North Meridian Heights neighborhood). The applicant seeks the following development standards variance approvals: WITHDRAWN: Docket No. 11100017 V ZO Ch. 20G.05.04.b.2 Maximum 20 -ft front building setback Docket No. 11100018 V ZO Ch. 2.09 Required Compliance with Thoroughfare Plan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 the Petitioner: Jamie Browning, Meridian Height Associates, LLC Site rendering shown First Variance Building 9A: o Want relief from required 20 -foot setback line to allow for greater visibility o Requesting 53 -foot setback Second Variance Thoroughfare Plan: o Thoroughfare Plan requires 65 -foot right -of -way o Seeking 55 -foot right -of -way o Meridian Main I is 43 feet o St. Vincent parcel is 43 feet o Roads will never align o Variance will allow for more density, greater building area and more parking o Road is 22 feet with 7 -foot parking, 2 -foot curb /gutter area and 4 -foot planting strip with 8 -foot walkway on one side and 5 -foot planting strip and 5 -foot walkway on other side These were areas of concern in Development Plan Added parking, 5 -foot walkway and 8 -foot bike path Have come to reasonable resolution with Staff regarding pavement section and current plan Public Hearing Closed Department Report: Alexia Donahue Wold: Petitioner worked with Department regarding requested variances; reached compromise No long need Docket No. 11100016 V for required on- street parking; it has been provided Request Commitment for variance for Building 9A o Setback requirement only for north/south street; not Pennsylvania Comfortable with decreased road right -of -ways which will accommodate on- street parking and 8 -foot path requested by Plan Commission Page 2 of 16 Carmel Board of Zoning Appeals January 24, 2012 Department recommended positive consideration of both variances Discussion: Petitioner agreed to Commitment of setback variance apply to only north/south street and new buildings on Pennsylvania will be sited to comply with 20 -foot setback Motion: On a motion made by Earlene Plavchak and seconded by Kent Broach: Docket Nos. 11100017 V and 11100018 V, Meridian Main II, be approved, for maximum 20- foot front building setback from north -south street only (New buildings on Pennsylvania will be sited to comply with the 20 -foot maximum setback.) and required compliance with Thoroughfare Plan. MOTION CARRIED UNANIMOUSLY 4. (V) Meridian Main, Parcel 1. TABLED The applicant seeks the following development standards variance approvals: Docket No. 11120012 V ZO Chptr. 23B.08.03.A building must have 2 occupiable floors Docket No. 11120013 V ZO Chptrs. 27.08 23B.12.A.1 required parking spaces The site is located at 1440 W. Main St. It is zoned B- 6/Business and lies in the US 31/Meridian St. Overlay Zone. Filed by Joseph Scimia of Baker Daniels LLP, for Meridian 131, LLC. Present for the Petitioner: Jamie Browning, Meridian Height Associates, LLC At the Department's request, Dockets tabled to the February 27, 2012 meeting. 5 (V) 12085 River Rd Pole Barn. The applicant seeks the following development standards variance approvals for: Docket No. 11100008 V ZO Ch. 25.01.01.A: accessory building with no principal building Docket No. 11100009 V ZO Ch. 25.01.01.B.5: maximum ground floor area The site is located at 12085 River Rd. It is zoned S -1 /Residence, within the Flood Hazard District. Filed by Kimberly Wise, owner. Present for the Petitioner: Kimberly Wise, owner Property located just north of Citizens Water Treatment facility One acre purchased in 2006 to build home o Given letter of build ability from the City of Carmel o Parcel located in flood plain o Spoke with FEMA about removing parcel from floodplain o When she tried to get building permits, told Carmel had just passed an Ordinance no longer allowing filling in a floodplain o Worked with City's Engineering Department Was finally granted a variance to build a home without a basement It would never be removed from the floodplain o In the meantime she had bought another home She sells commercial real estate and put the property on the market o Current interested party wants to build a pole barn for storage Page 3of16 Carmel Board of Zoning Appeals January 24, 2012 o First person interested enough to put in an offer, since property went on market in 2007 Parcel was shown o North is 6 acres of vacant land o South is 80 acres of water treatment facility o Horse stable south of water treatment facility o Residential across the street Proposed pole barn would be 45 feet by 65 feet o Utilized for storage of lawn equipment for landscape business o Mr. Claypool does a lot of business in Carmel and Fishers o Would like to store trucks, bobcats and mowers o Landscape /buffer shown with existing trees and additional 9 -foot Norway spruce to screen view from River Road o Worked with Engineering Department to line up driveway and existing street into Northwood Hills o Strictly storage; no business run at location o No more than 2 cars at any given time Early in the morning to pick up landscape trucks Bring equipment back at end of day o Area behind barn will be used to clean trucks; no visible trucks on blocks o Property is lined in back with spruce trees as well Water treatment is building near property line View from Northwood Hills shown bare land Pole barn structure with tree cover will not detract o Rendering shown of tan barn with green roof and wainscoting Custom barn would have three overhead doors across front Passenger door in side Two more overhead doors in rear; not visible from street Remonstrance: Robert Penzes, 11964 River Road, across from water plant This would be a commercial business in a neighborhood He had tried to buy a lot in that neighborhood and knew about the floodplain She is making it commercial property Eventually there will be tractors and trucks setting outside as the company gets bigger Sam Ansell, 6330 Northwood Drive Beautiful neighborhood Charming horse facility fits into area Park south of water treatment plant Park to the north Beautiful neighborhood along a golf course Northwood Hills also beautiful neighborhood This would be a commercial area Barn/business first thing he will see out his front door Trucks and equipment will be going in and out every day; early and late o Noise and dust Page 4 of 16 1 Carmel Board of Zoning Appeals January 24, 2012 o Detract from neighborhood Already having difficulties with Shook Construction which wedged their way in next to the water treatment plant o He was not notified of any meeting about it Allowing commercial to creep into a residential area is disservice to everyone There are more appropriate places for this business Sorry she cannot build the house she wants or sell the property David Bickel, 12311 Medalist Parkway, commercial /industrial realtor Deals with pole barn construction and businesses like this one Does this variance include storage tanks for gasoline to service the equipment? Intentions of this owner are good, but life of the building is long, what happens when business turns over? Will zoning for an industrial use require more parking then two cars? Will we be looking at other vacant parcels for commercial use in the future? This is a residential area Jeff Thomas, 11848 Hoster Road, Northwood Hills HOA President Just came to his attention today; cannot speak for the neighborhood This is a commercial use He is also in a floodplain and knows it is not easy to sell property Residential area; screening will not do justice Given time, he was confident he could get a petition signed by his neighborhood opposing this Rebuttal: Kimberly Wise Mr. Claypool intends to store the equipment inside No intent to run business, have signage or customers It is adjacent to the water treatment facility It will look better with the landscaping than it does now as a vacant lot o Cleared in 2007 No one interested in parcel since water treatment facility is building next to property line Public Hearing Closed Department Report: Alexia Donahue Wold: Single family residential does surround site Construction of pole barn would detract from the residential character; even more than the water treatment plant being constructed nearby Concern this site would function more as a business since it would be used for storage of landscaping equipment Petitioner stated there has been a variance to allow construction of a single family home Department recommended negative consideration Page 5 of 16 Carmel Board of Zoning Appeals January 24, 2012 Discussion: Variance is from Engineering requirements for building in a floodplain o Cannot build a basement because of floodplain o Has to be built up four feet from current elevation o Carmel Ordinance does not allow filling in a floodplain Petitioner felt it excludes this parcel from building Site included six feet concrete block walled area on asphalt, divided to store two kinds of mulch o Only storage for rock or mulch o Not visible from front Motion: On a motion made by James Hawkins and seconded by Earlene Plavchak: Docket Nos. 11100008 V and 11100009 V, 12085 River Road Pole Barn, be approved, for accessory building with no principal building and maximum ground floor area. MOTION DENIED UNANIMOUSLY 7 (V) Fifth Third Bank. The applicant seeks the following development standards variance approvals: Docket No. 11120015 V ZO Chptr. 23F.08.01 Floor Area Ratio (FAR) 0.5 Docket No. 11120016 V ZO Chptr. 23F.06.02 Building occupying <70% frontage Docket No. 11120017 V ZO Chptr. 23F.03.01 Prohibited sign, ground sign The site is located at 205 E. Carmel Dr. The site is B -8 /Business and lies within the Carmel Dr. Rangeline Rd. Overlay Zone. Filed by Kurt Prosser of GPD Group, Inc. Present for the Petitioner: Jeffrey Wagner, V.P. and Regional Director of Corporate Real Estate, Fifth Third Bank, and Kurt Prosser, Project Coordinator, GPD Group Redevelop site currently occupied by medical /professional office building Currently occupy leased premises on East Carmel Drive Will be free standing banking facility offering broader range of services to community Discussing project with City since last Fall for development requirements o Standard Fifth Third Bank building prototype not compatible with Rangeline Road/Carmel Drive Overlay o Site will be custom building Site map shown Have worked through requirements of Ordinance and Departments Received Plan Commission approval o Few technical items before sub committee meeting Project narrowed down to three variance requirements o Floor area ratio requirement Single occupant banking facility Required parking for employees (17 -18) and peak times Drive -thru banking Making it impossible to reach .5 FAR o 70% frontage Working with existing curb cut Oriented building with drive -thru on back Page 6 of 16 Carmel Board of Zoning Appeals January 24, 2012 Preserved pedestrian access at the front and side for some parking Making it impossible for building to take up 70% frontage (proposed 50 -55 o Prohibited ground sign Working with Urban Forester, found any signage on building would not be visible because of existing and proposed landscaping Propose ground sign in lieu of wall sign Project meets all remaining requirements of the Overlay District o Two -story building o Both floors occupied o Placing building as close to street as Ordinance allows Small conflict between Ordinance and Overlay requirements for width Will require dedication of additional right -of -way; pushing building back o Pedestrian entrance in front o Materials aesthetically pleasing Public Hearing Closed Department Report: Alexia Donahue Wold: Petitioner worked well with Department to create a project that satisfies the intent of the Carmel Drive/Rangeline Road Overlay o Two -story building fronting on Carmel Drive o Provide attractive, pedestrian- friendly streetscape Position of building and preservation of existing trees would block the view of any proposed wall signs o Any ground sign would require a variance Department not generally in support of any variances from the Overlay Zone, but believe this project has done a good job of meeting the goals of the Carmel Drive/Rangeline Road Overlay Department recommended positive consideration all variances Discussion: Cross access easement on southern portion of property o A sidewalk connects two properties Sidewalk connecting parcel to the Racquet Club parcel was for previous owner's personal access to Racquet Club o A strip labeled as proposed for future cross access This is a requirement of the Zoning Code to have cross access between the properties 20 feet would be dedicated for the cross access easement Proposed 31.99 square feet ground sign is smaller than permitted 45 square feet o Replace current ground sign Motion: On a motion made by Kent Broach and seconded by Alan Potasnik: Docket Nos. 11120015 V through 11120017 V, Fifth Third Bank, be approved, for floor area ratio 0.5; building occupying <70% frontage; and prohibited ground sign. Page 7 of 16 Carmel Board of Zoning Appeals January 24, 2012 10. (SU) Hamilton Crossing West, Building 2 Middle Star Center. The applicant seeks the following special use approval: Docket No. 11120006 SU ZO Chptr. 16.02 Special Uses. The site is located at 12650 Hamilton Crossing Blvd. It is zoned B- 5/Business and lies within the US 31 Overlay Zone. Filed by Blaine Paul of Duke Realty. Present for the Petitioner: Blaine Paul, Duke Realty; from Little Star Center, Inc.: Dwayne McCoy, Center Controller, and Mary Rosswurm, Executive Director Little Star existing tenant in Hamilton Crossing, Building 1; Special Use 2004 o Group has been in operation for ten years o First center in the State to serve children with autism o Received State and City recognition o Provides individualized, therapeutic intervention for older children, teens and young adults affected by autism Aerial site plan shown Work on ADL (activities of daily living), vocational and social skills o Maximize ability levels Initial space will be 9,000- 10,000 square feet o Want potential to expand o Special Use is focused on entire property Anticipate 14 learners and 19 teachers Office hours of 8:00 am to 5:00 pm, Monday through Friday o Very fitting for office development Little Star space only takes children up to certain age Middle Star will allow them to grow into next phase o Children 10 and above, including teens and young adults o Carrying over curriculum from Little Star Have been a great tenant with no complaints Public Hearing Closed Department recommended positive consideration of Special Use Discussion: Typical day includes outside activities o Walking path on all four sides of Hamilton Crossing Page 8 of 16 MOTION CARRIED UNANIMOUSLY Department Report: Alexia Donahue Wold: Use will function similar to office use with regard to number of users (employees and students), hours of operation, and parking Little Star north of this site is similar use for younger children Compatible use to other existing office uses on the site Carmel Board of Zoning Appeals January 24, 2012 o Field trips Motion: On a motion made by James Hawkins and seconded by Alan Potasnik: Docket No. 11120006 SU, Hamilton Crossing West, Building 2 Middle Star Center, be approved, for special uses within the B 5 /Business and US 31 Overlay Zones. MOTION CARRIED UNANIMOUSLY 11. (UV) 1200 W. Carmel Dr. Shepherd Insurance Building. The applicant seeks the following use variance approval: Docket No. 11120007 UV ZO Chptr. 20G.05.05.A Permitted Uses. The site is located at 1200 W. Carmel Dr. It is zoned OM/O Old Meridian District, Office Subarea. Filed by Amy Conville of 1200 West, LLC. Present for the Petitioner: Charlie Frankenberger and Jon Dobosiewicz, Nelson Frankenberger; Amy Conville and Dr. Angela Corea, 1200 West, LLC 1200 West is contract purchaser of Shepherd Insurance Building Aerial photograph of 1.9 acre site shown o Multi family to the east and west o Office, service and retail to the south o Meijer Store to the north o Multi family, retail sales and restaurants at Providence at Old Meridian to the north OM /O (Old Meridian/Office) permitted uses include professional offices, medical spas, commercial recreational facilities such as Yoga, Pilates and personal training, physical therapy and similar uses Variance is to allow general personal service uses o Defined in the Zoning Ordinance as "an establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include but are not limited to beauty and barber shops, shoe repair shops, and tailor shops." o General personal service uses are compatible with other uses permitted on the subject real estate and are found in frequency in the vicinity of the subject real estate o General personal service uses do not include, as primary uses, such uses as retail sales, dry cleaning establishments, daycare or restaurants The applicant plans to have one primary building entrance to common area to be used by all occupants o Three or four businesses would have separate entrances from the common area o The largest tenant space is planned for a medical spa, which is a permitted OM/O use This area plus common area will occupy just under one -half of occupiable space o A hair and nail salon (general personal services use) is currently planned for another tenant space o Remainder of the building will be open for additional businesses that will be of the same professional, office and service mix o The Use Variance will allow the integration of this compatible and synergistic mix of uses Page 9 of 16 Carmel Board of Zoning Appeals January 24, 2012 Conditions of the use of the real estate for general personal services, requested by the Department: o 1. Dedication of right -of -way for Carmel Drive o 2. Installation of multi -use path along entire Carmel Drive frontage o 3. Inclusion of bicycle rack o These Conditions, approved by the Department, were attached to the Findings of Fact Public Hearing Closed Department Report: Alexia Donahue Wold: This Use Variance will not allow retail sales o Compatible with surrounding uses Existing parking lot satisfies parking needs Increase in traffic is not anticipated Department recommended positive consideration with the Conditions stated by the Petitioner. Discussion: Practice is an hybrid between a medical spa and an aesthetics practice that joins with a surgery or dermatology group o Medical aesthetics practice guided by physicians Laser rejuvenation, Botox More aggressive approach than facials Vision for the building is to be a nice place to come for hair, nails and medical based procedures o Maybe Yoga, something health related to have a sense of community Practice on Pennsylvania has grown, larger facility needed Hair salons will be allowed to sell incidental items; sales not a primary use Motion: On a motion made by James Hawkins and seconded by Ephraim Wilfong: Docket No. 11120007 UV, 1200 W. Carmel Drive Shepherd Insurance Building, be approved, for permitted uses to allow general personal services with Conditions: 1. Dedication to City of additional right -of -way necessary to establish an aggregate, fifty -foot half right -of way for Carmel Drive along the entire frontage of subject real estate, prior to issuance of first building permit. 2. Dedication to City of a corner cut of additional right -of -way of an area and configuration determined by a one hundred twenty foot radius measured from the center point of the intersection of Carmel Drive and Old Meridian Street, effected upon the occurrence of both the issuance of the first building permit and the receipt by owner of a written request from the Carmel Department of Engineering. 3. Multi -use Path: At owner's option, either the construction of a multi -use path along the entire Carmel Drive frontage of subject real estate or payment into the non reverting Thoroughfare Fund of an amount equal to the estimated, usual and customary cost as provided by the Alternative Transportation Coordinator. This condition shall be satisfied within twelve months after the issuance of the first Certificate of Occupancy. The Department of Community Services, in its discretion, shall be allowed to provide up to two six -month extensions of time by which to satisfy this condition. 4. Bicycle Parking Rack Construction of a bicycle parking rack to accommodate four bicycles shall be satisfied prior to the issuance of the first Certificate of Occupancy. (Conditions attached to Findings of Fact sheet.) Page 10 of 16 MOTION CARRIED UNANIMOUSLY Carmel Board of Zoning Appeals January 24, 2012 12 13.(V, SU Amend) Rinehart Stable. The applicant seeks the following special use amendment development standards variance approvals: Docket No. 11120008 SU ZO Chptr. 21.05 5.02 Special Use Expansion, Riding Stable Docket No. 11120009 V ZO Chptr. 27.03 Curbed/paved parking area The site is located at 14350 Ditch Rd. It is zoned S- 1/Residence. Filed by Joseph Scimia of Baker Daniels LLP, for Rinehart Farm, Inc. Present for the Petitioner: Roger Kilmer and Joseph Scimia, Faegre Baker Daniels, and Richard Rinehart, owner Special Use for addition onto main barn for stalls and increased number of permitted horses on property Variance to permit existing parking area to remain graveled; not paved or curbed Zoning map shown In S -1 Residential Zoning, a riding stable requires a Special Use o Existing operation approved as a Special Use in 1995 Included in the motion to approve the Special Use was a limitation of no more than 20 horses to be stabled on the property o An accompanying Variance was granted to delay for a period of two years the paving and curbing of the parking areas Aerial of 10 -acre parcel shown o Surrounded by residential development Carmel Zoning Ordinance allows up to ten percent expansion of a Special Use without Board's approval o This addition to the main barn is about twenty -one percent o Addition would consolidate all the horse stalls on the property within a single building o Currently space is utilized in some of the out buildings for horse stalls o This would reduce the amount of horse traffic on the property Less movement of horses from the out buildings into the main building Vehicular traffic on the site would be reduced Owners need to drive to out building to get to their horse o Out buildings would be converted into storage areas o New addition would match materials and color of existing building Twenty -horse limitation was identified in the minutes of the meeting in 1995 o Discussed in presentation and included in part of the motion for the Special Use o Mr. Rinehart saw opportunities to grow his business with horses in the out buildings o He did not recall the agreement at the end of the meeting for the 20 -horse limitation As a handshake businessman, he forgot since it was not written down except in the minutes of the meeting On occasion he has stalled up to 45 horses; property can handle that number No calls have been received in remonstrance to this request This would legally establish the business as it is currently operating Variance had required parking to be curbed and paved within two years after initial approval o Paved parking areas can become slick surfaces for horses o These areas are used for loading and unloading of horses Rendering of addition to main barn was shown Page 11 of 16 Carmel Board of Zoning Appeals January 24, 2012 o Located on west side of property o Existing building would buffer view of addition from the east o Residences to the west are buffered by a pond and plantings along the property line o Addition would match materials and color of existing barn Public Hearing Closed Department Report: Alexia Donahue Wold: Support a design expansion that matches the existing barn Concerned with non compliance of number of horses o It has been in existing use o Do not believe it will adversely affect surrounding area Support not paving and curbing the parking area Department recommended positive consideration of both dockets Discussion: Neither condition of original approval were met o Petitioner was not represented by legal counsel o Things were agreed to that he may not have fully understood o In unfamiliar setting, he did not know how to respond to or rebut any arguments at the time o Department was not aware of any complaints Mobile home on the property shown in old photograph of the property o It is no longer there o Two mobile homes on property when he purchased it One was used as a residence for a while Both have been removed Row of 12 -foot arborvitaes at property line will remain o From 20 -foot building setback, which is as far as building could be built to the west, it is 345 feet to nearest home Housed up to 45 horses on the entire property o Waste is put into 40 yard dumpster emptied by Waste Management, every 5 to 6 days o Area is kept clean with no additional flies, rodents or odors For compliance: o Time limit could be set o With inspections, Department could keep abreast of the number of horses o Department would be comfortable with the Petitioner not required to come back for continued approvals Could be better monitored by inspections by the Department 45 would be the top number; no additional stalls in other buildings In 1995 this area was not developed o This use has co- existed with new developments without any opposition o Mr. Rinehart did not fully understand the 1995 conditions He represented himself Page 12 of 16 Carmel Board of Zoning Appeals January 24, 2012 He thought he had gotten all the approvals he needed He became aware of violations when he spoke with the Department regarding the expansion This is a good facility for Carmel residents to board and ride their horses Most enforcement actions start with complaints; there have been none He is now aware of the process and will stay in compliance Department was not aware he was not in compliance until he came to them with proposed addition If he were found not in compliance, he would have 7 to 10 days to bring it into compliance voluntarily Could take longer based on complexity of the matter Fine can be substantial ($100 per day); it is set by Carmel City Court on a daily basis Board could set a time limit for re- approval o Additional expense for Amendment/Extension application Buildings A, B, and C will be used for storage and supplies Building D (main barn) has 21 stalls with 23 new stalls to be built Mr. Rinehart would like Building A used to sequester a horse for health or safety reasons o Most activity in main building (Building D) He committed to no more than 45 horses on the property in Buildings D and A; Building A only used to sequester horses, Buildings B and C used for storage Motion: On a motion made by Kent Broach and seconded by James Hawkins: Docket No. 11120008 SU, Rinehart Stable, be approved, for Special Use expansion, riding stable with Commitments that no more than 45 horses will be boarded in Buildings A and D with other buildings being used for storage, not boarding horses. Motion: On a motion made by James Hawkins and seconded by Ephraim Wilfong: Docket No. 11120009 V, Rinehart Stable, be approved, for curbed/paved parking area. BOTH MOTIONS CARRIED UNANIMOUSLY 14 15. TA .l3I,FD (V, UV) North Augusta, Lot 4 Retail Use. The applicant seeks the following use variance approval development standards variance for a small retail business: Docket No. 11120010 UV ZO Chptr. 5.01 23C.03 Permitted Uses in S -1 district Docket No. 11120011 V ZO Chptr. 27.03 No parking lot curbing The site is located at 9799 N. Michigan Rd. It is zoned S- 1/Residence, located within the US 421/Michigan Rd. Overlay Zone. Filed by Christine Jones. New Business: Briefing of the Traditions on the Monon Planned Unit Development (PUD) issues and Planning Director's determination John Molitor: At November meeting, Board authorized pre hearing conference with attorneys for the Petitioners Page 13 of 16 Carmel Board of Zoning Appeals January 24, 2012 Discussed memorandum prepared by Mr. Molitor regarding pre hearing conference o Met three weeks ago o Prepared list of procedures, Section 13 temporary Suspend Article 7 Section 13 of regular Rules of Procedure which provides for procedure for a regular hearing Replace that entire section for the hearing of these two Docket numbers with procedures outlined in memorandum Distributed letter from Mike Hollibaugh to involved parties: the Pulte Group and the Traditions on the Monon Homeowners Association o This was Director's determination of requirements of PUD on the development for this neighborhood o Both the Pulte Group and the Homeowners Association appealed certain parts of the determination o Also distributed both Appeal applications for the February 27 BZA meeting Both attorneys were very cooperative in discussing the need for a streamlined procedure combining the hearings into one hearing They were segmented into six general topics to be covered Three are generally raised by each side With the amount of material, the hearing make take 3 hours and 45 minutes, not to include any time absorbed by cross examination of any expert witnesses Department could budget for food, if meeting were split with a dinner break Recommended Board agree to suspend Section 13 of Article 7 of the Rules of Procedure and replace with the temporary Section 13 for the hearing on these two Appeals o Six topics from Appeals to Determination letter: Banked parking Streets and curbs Landscaping and grounds Landscape audit Irrigation system Miscellaneous o Each side will present their three topics Mr. Hollibaugh will get five minutes, as the third speaker, to rebut or defend at the end of each topic Mr. Molitor will represent the BZA Board on how to consider both Appeals Mr. Hollibaugh could be represented by someone else o At the conclusion of the hearing the Board may make a motion of disposition of either or both Appeals and any Conditions must be stated in the motion Further discussion may require amendments to pending motions Might be very complicated motions to consider Board may decide to take it under advisement and Table to next hearing Petitioners could supply Findings of Fact to aid with the motions Discussion: Page 14 of 16 Carmel Board of Zoning Appeals January 24, 2012 City of Carmel is trying to bring PUD into compliance and the two parties are trying to determine how Pulte should repair the situation o The Homeowners submitted a number of complaints to the Department indicating they did not believe the builder had complied with various aspects of the PUD o Mr. Hollibaugh took those under consideration, met with them several times and issued the letter agreeing with certain claims made by the Homeowners and agreed with certain explanations by Pulte, using the Ordinance as his guide o BZA Board has jurisdiction to take action on Appeals, under the Zoning Ordinance, for any determination made by the Director BZA Board's determination can be appealed to the Courts Individual members of the Board are not usually called or deposed This Suspension of the Rules of Procedure would only be for these two Appeals If these Appeals are continued, a special meeting could be scheduled in March or it could be continued to the regular meeting in March o No obligation to finish in one or two meetings o Board could hear 3 issues in February and 3 issues in March with 2 hour limit o Board did not want to take dinner break and continue until 10:30 or 11:00 pm o There would be a lead attorney and lead interested party on each side, plus members of the Homeowners Association Meeting will be handled as typical BZA hearing with questions discussed in each of the six sections o Board members will be able to discuss among themselves There will not be a Department Report since the Department is the respondent o Mr. Molitor can respond to Board questions Board will either uphold Mr. Hollibaugh's decision, modify it or decline it o Upholding or denying the Appeal, or sections of the Appeal, from either or both sides Pulte was not the original builder o Buckingham was original owner o Centex was builder o Pulte bought Centex Expert witnesses from each presentation can be cross examined by the opposing side Both parties know they will have 15 minutes on each topic Time limits will be enforced Petitioners have equal standing to present their Appeal Motion: On a motion made by James Hawkins and seconded by Ephraim Wilfong: Suspend typical procedures and rules for Docket Nos. 11110010 A and 11110011 A with the addition/revision that this occur in two meetings with three topics each. MOTION CARRIED UNANIMOUSLY Discussion continued: Mr. Hollibaugh was a mediator between the two parties to discuss issues o He issued the Letter of Determination to resolve the issues. Both can appeal to the Court o Court usually defers to BZA Board Redline version could be helpful in making decisions Page 15 of 16 Carmel Board of Zoning Appeals January 24, 2012 o Show how Mr. Hollibaugh's letter could be changed in the submitted Findings of Fact Rejection of both Appeals means agreement with Department Pulte may claim the Department does not have jurisdiction or has exceeded authority Board cannot have any contact with Department Staff o All questions should be directed to Mr. Molitor Adjournment Motion: On a motion made by James Hawkins and seconded by Ephraim Wilfong: The Meeting be adjourned. The meeting adjourned at 8:40 PM. Approved this f2 day of Gb.--vt o 20 resident James R. Hawkins Page 16 of 16 MOTION CARRIED UNANIMOUSLY Filename. 20120124 doc