HomeMy WebLinkAboutMinutes BZA 01-29-13 Pc' Rs6fio. \
City
\\!NDIAN�
MINUTES
Carmel Board of Zoning Appeals
Regular Meeting
Tuesday, January 29, 2013
6:00 PM
Council Chamber, Carmel City Hall
Present: James Hawkins, President
Leo Dierckman, New member
Earlene Plavchak
Alan Potasnik
Ephraim Wilfong
Lisa Stewart and Lisa Motz, Acting Recording Secretaries
Staff members in attendance: Alexia Donahue Wold,Planning Administrator
Rachel Boone,Planning Administrator
Mike Hollibaugh, Director, Department of Community Services,joined
meeting late
Legal Counsel: John Molitor
Previous Minutes:
On a motion made by James Hawkins and seconded by Ephraim Wilfong:
The Minutes for the meeting dated November 26,2012 were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report: Alexia Donahue Wold
o Nothing to report
Legal Report: John Molitor
o Agenda overlooked Election of Officer and Swearing in of a new member, Leo Dierckman
o Oath of Office had been administered to Leo Dierckman before meeting
Action: Mr. Hawkins welcomed Mr. Dierckman as a returning member to the Board of Zoning Appeals
Election of Officers:
I
On a motion made by Ephraim Wilfong and seconded by Earlene Plavchak:
James Hawkins be elected President of the Board of Zoning Appeals.
MOTION CARRIED UNANIMOUSLY
WWW.CARMEL.IN.GOV Page 1 of 9 (317) 571-2417
I
Carmel Board of Zoning Appeals
January 29,2013
On a motion made by Alan Potasnik and seconded by James Hawkins:
Ephraim Wilfong be elected Vice-President of the Board of Zoning Appeals.
MOTION CARRIED UNANIMOUSLY
Public Hearing
1-2. TABLED INDEFINITELY: (V) Greyhound Commons—Signage.
The applicant seeks the following development standards variance approvals:
Docket No. 12070014 V PUD Z-344, Section 11.3 (C) (1): Number of signs (2 additional
proposed, 1 existing allowed)
Docket No. 12070015 V PUD Z-344, Section 11.3 (C) (3): Ground sign height (20 +/-
proposed, 10' allowed). The site is located at 14480 Lowes Way. It is zoned PUD/Planned Unit
Development. Filed by Joy Skidmore of Kite Realty Group.
3-4. (UV&V) Midwest Academy, 1420 Chase Court
The applicant seeks the following use variance and development standards variance approval for a
school use in an M-3/Manufacturing Park District:
Docket No. 12110008 UV ZO Ch. 20D.01 Permitted Uses
Docket No. 12120019 V ZO Ch. 27.08 Parking spaces, 94 required & 71 proposed
The site is located at 1420 Chase Court. It is zoned M-3/Manufacturing Park District. Filed by Thomas
Engle of Barnes and Thornburg on behalf of Midwest Academy, Inc.
Present for the Petitioner:
Tom Engle,Barnes and Thornburg; David Brinkworth and Steve Reitmeyer, members of the Building
Committee
o Midwest Academy is a private, non-profit school currently located on Congressional.Boulevard
o Planning to re-locate and expand at this location in Carmel Science & Technology Park
• Use Variance needed to locate in M-3/Manufacturing Park District
o Current location is also in Carmel Science &Technology Park and zoned M-3
• School specializes in small, personalized classroom instruction
o Current enrollment is 90
o Expecting some growth
o New location will provide more space and flexibility
o Elementary through high school grades
• Schools permitted by Special Use variance, generally in residential areas, B-5 and P-1
o Looked at various locations; all would need Special Use
o Usually public school in residential areas
o Midwest Academy draws students from all over Carmel and surrounding communities
• Not a localized school
o Better not to be located in residential area
o Off the Wall Sports facility located next door for Physical Education and sports activities
• Location better than residential area
o Another school is located at Chase Court/Carmel Drive
o According to Comprehensive Plan, makes sense to be in this North Central Planning area which
calls for increased educational opportunities
Page 2 of 9
Carmel Board of Zoning Appeals
January 29,2013
o Parking Ordinance requires 94 spaces; currently 71 available
o 20 spaces for employees; 14 (2 per elementary classroom); 60 (10 per secondary classroom)
o Midwest smaller classrooms with approximately 12 students per secondary classroom
o Ten spaces per secondary classroom addresses public school class sizes
o Current school year only 5 out of 51 high school students drive to school; 11 and 9 students
drove in previous years
o Seventy-one will more than meet school needs
o Maximum number of spaces currently used for special events, etc. has been 61
Public Hearing closed
Department Report:
Alexia Donahue Wold
o Schools permitted in most zoning districts by Special Use
o M-3/Manufacturing does not permit schools
• It does permit some residential
• Purpose is "to create and protect land areas for development of unified preplanned
manufacturing and other compatible land uses within a park-like setting."
o A school could be considered a compatible use
® Especially considering surrounding uses and smaller size
o Comprehensive Plan Appropriate Adjacent Land Classifications Table does classify an
Institutional Node as a best fit to an Employment Node as well as Attached Residential
• Attached Residential west of this site
o Existing wooded area along western property line should be preserved and will provide buffer
o Department supportive of Use Variance
o Parking variance allows reduction of on-site parking
o Classroom sizes much smaller than typical public high school classrooms
o Adequate parking available on-site
o Should not have negative impact on surrounding areas
Department recommended positive consideration of both petitions.
Discussion:
® Elementary through high school students
o Located in Industrial Park
o Current enrollment is 90;project increasing to 132
o Private, non-profit school
® Most of the students do not work well in large classroom setting; various needs and abilities
® Carmel Science & Technology Park; not much manufacturing
o Sporting facility and IU Health
o Charter school at end of street
o School not intended in original use of area
® Located at end of cul-de-sac; not much traffic
o Currently use Off the Wall facility for PE and sports
o Sixty-one was highest number of cars
o Graduation ceremonies are currently at the Ritz Charles
Page 3 of 9
Carmel Board of Zoning Appeals
January 29,2013
• Letter from Off the Wall Sports indicating they would be happy to accommodate any over-flow parking
• Great transitional use
• Current building will be converted for school use
David Brinkworth, 4210 White Lane
• Currently grades 4-12
• No intention of adding kindergarten or playground
• Majority are high school students (51); 37 in fourth to eighth grades
Discussion continued:
• No school buses; 15-passenger van for special events
• Building previously used for St. Vincent Sports Performance Center
Motion:
On a motion made by Leo Dierckman and seconded by Earlene Plavchak:
Docket Nos. 12110008 UV and 12120019 V, Midwest Academy,permitted uses and parking spaces,
94 required and 71 proposed,be approved.
MOTION CARRIED 4-1 (Potasnik negative)
5-6. (UV & V) Meridian & Main, Lot 2
The applicant seeks the following Use Variance and Development Standards Variance approval to.allow
a one story retail/service use to comprise 100% of the gross floor area of the building:
Docket No. 12120004 UV ZO Ch. 23B.05.02 Retail and service uses max 15% of GFA,
100% requested
Docket No. 12120005 DSV ZO Ch. 23B.08.03(A)(1) Min. Bldg Height: 38 feet and 3 floors,
1 floor requested
The site is located at the Northeast corner of Main Street and US 31. It is zoned B-6/Business within the
US 31 Overlay Zone. Filed by James Browning on behalf of Meridian 131, LLC.
Present for Petitioner:
Jamie Browning
• Aerial of 3.5 acre site shown; corner US 31 and Main Street
• Development Plan filed several years ago for entire parcel
o Included 30,000 square foot, three-story building in compliance with US 31 Overlay Zone, with
understanding of right-of-way location
o Since that time, State now taking more property for US 31 right-of-way (approximately one acre)
• Currently in Condemnation proceeding with State in Hamilton County Circuit Court
• Cannot build original 30,000 square foot building
• Have designed building maximizing site and complying with all zoning requirements,
and parking spaces
• Site only accommodate 15,000 square foot building to allow enough parking spaces
• Bank building planned for site
o Wall for roundabout will be eight feet higher than property
o Filing variance now to have response for Judge when case is heard to understand diminution of
property
Page 4 of 9
Carmel Board of Zoning Appeals
January 29,2013
• If they cannot comply with Zoning Ordinance, property has no value
• Results of this meeting will be used as evidence in their Court case with State of Indiana
Public Hearing closed.
Department Report:
Alexia Donahue Wold
• Two variances would provide for single-story retail building within an office park development
• Petitioner has agreed to limit retail use to a financial institution
o Department supports this Commitment
• Need for variances arises from size and configuration of parcel and required zoning requirements
o Required parking spaces and minimum setbacks
o Not enough room for required three-story office building; parking requirement and 90-foot build-
to line
o Size of parcel reduced due to US 31 right-of-way taking
o According to Comprehensive Plan, office-supporting commercial is appropriate in an
Employment Node
• Department would like Petitioner to commit to a building with four-sided architecture
o None of the surrounding streets will view "back" of the building
o Not detrimental to aesthetics of streetscape and character of area
Department recommended positive consideration of the two variances with two Commitments:
1. Financial institution will be the only permitted retail/service use
2. Building will have four-sided architecture
Discussion:
• Petitioner agreed to both Commitments
• Design of building complimentary to buildings across the street
o Eight corners/sides with glass on all sides
o Conceptual rendering shown of story and a half to two-story building
o Will need ADLS approval
o Trying to comply with 15,000 square feet so as not to ask for another variance
® To be consistent with Overlay Zone, could be bank branch and other offices
Motion:
On a motion made by James Hawkins and seconded by Leo Dierckman:
Docket Nos. 12120004 UV and 12120005 DSV,Meridian & Main,Lot 2,retail and service uses
maximum 15% of GFA, 100% requested and minimum building height: 38 feet and 3 floors, 1 floor requested,
be approved with Commitments that financial institution will be the only permitted retail/service use and
building will have four-sided architecture.
MOTION CARRIED UNANIMOUSLY
7-13.(V) St. Vincent's Women's Center
The applicant seeks the following development standards variance approvals for a new medical building.
Docket No. 12120006 V ZO Ch. 23B.08.01(C)(1) 90 ft build-to line, further setback requested
Page 5 of 9
Carmel Board of Zoning Appeals
January 29,2013
Docket No. 12120007 V ZO Ch.23B.12(A) No parking between the build-to line & US 31
Docket No. 12120008 V ZO Ch.27.03.02 Straight concrete curb on parking islands
Docket No. 12120009 V ZO Ch. 25.07.02-04(b) Wall sign not facing right-of-way,west
Docket No. 12120010 V ZO Ch. 25.07.02-04(b) Wall sign not facing right-of-way, east
Docket No. 12120011 V ZO Ch.25.07.02-04(d)(2) 6' max ground sign height, 8'10" proposed
Docket No. 12120012 V ZO Ch.25.07.01-05(e) Directional signs max 3 sq. ft.
The site is located at 13500 N Meridian Street. It is zoned B-6/Business within the US 31 Overlay Zone
and OM-MM/Old Meridian Mixed Medical. Filed by Paul Clendenen with St. Vincent Carmel
Hospital, Inc.
Note:
Mr. Dierckman serves as a Chairman at this hospital in capacity as a community servant. He did not feel
conflicted and could vote. He has no financial interest in any way, shape or form with St. Vincent. It is a
volunteer position.
Present for Petitioner:
Robert Hicks,attorney; Jim Schroeder, BSA LifeStructures; Jon Sheidler, Woolpert Engineering; Dan Kloc,
architect employed by St. Vincent
• Rendering shown; believed to be largest in state
o Four-story, 96,703 square feet
o Constructed of brick veneer and pre-cast stone panels
o Proposed building to be connected to existing buildings on hospital campus
•
o Proposed new entrance to property from Main Street
o New proposed parking and rain gardens shown
o New building in front of existing buildings to give campus new look
• Old buildings are EIFS; no longer a permitted material
• Project was heard at January 15 Plan Commission; forwarded to February 5 Special Studies
• 12120006 V requests building be set back 64 feet from 90-foot build-to line
o Build-to line overlaid in parking area
o Connectivity of old and new building desired attribute
• Integrated for patients to move between buildings
• Covered walkway not desirable
• Connection allows for better use of site and circulation of traffic
o Original building construction began in 1980's
• 90-foot build-to line established in 2000, after all additional buildings (legal non-
conforming)
• 12120007 V requests parking be allowed in area between US 31 right-of-way and build-to line
o Row of parking proposed shown
o Existing parking shown; also within build-to line established in 2000
o Reconfigure parking to increase parking from 39 to 55
o More efficient to keep current parking configuration
o Keep parking close to front of building for patient's convenience
• 12120008 V regarding raised curbing in parking lot
o Proposed to eliminate curbs around rain gardens
al To allow stormwater to drain into rain gardens
• Illustration shown
Page 6 of 9
Carmel Board of Zoning Appeals
January 29,2013
▪ Rain gardens will add green space to parking lot
® Environmentally friendly
• Stormwater requirements met
• 12120009 V for sign not facing west right-of-way
o West elevation,shown not facing street right-of-way
o Needed for northbound US 31 traffic
• 12120010 V for sign not facing east right-of-way
o East elevation shown not facing street right-of-way
o Needed for southbound US 31 traffic
• 12120011 V for proposed 8-foot 10-inch ground sign (6 feet permitted)
o Rendering shown
o All signs match existing signage
o Height needed for directions to all buildings on campus
• One ground sign near new Main Street entrance
• Second ground sign would be in front of building
• 12120012 V requests four new ground way-finding signs
o Requesting 16 square feet, four-foot tall signs; three square feet, three-foot tall permitted
• One proposed for end of extreme north new entrance drive
• Other three clustered in parking area
• Identical in size, height and color to existing way-finding signs
Public Hearing closed
Department Report:
Alexia Donahue Wold
• 12120006 V Current hospital built before 90-foot build-to line was a requirement of the Overlay
o Petitioner trying to design addition to meet as many requirements of US 31 Overlay as possible
o New building will enhance streetscape as it will be closer to the build-to line
Department recommended approval
• 12120007 V Not able to bring building up to 90-foot build-to line
o Will maintain current parking and traffic configuration
Department recommended approval
• 12120008 V No Straight concrete curbs requested due to design of stormwater quality and drainage
systems
o Should not have negative effect on surrounding properties or the community
o Curbing will only be eliminated on portion of parking lot with rain gardens
o Plantings within these islands will improve aesthetics of parking lot
Department recommended approval
Department Report continued:
Rachel Boone
I • Sign Ordinance considers St. Vincent's Hospital a single use
o Has multiple uses and tenants requiring signs
o All signs on campus currently have variances
Page 7 of 9
Carmel Board of Zoning Appeals
January 29,2013
• New east and west wall signs
o Two other wall signs will be removed from Professional Office Building#1 currently facing
US 31
o Two new signs will be replacing them,but with a different orientation for public awareness
Department recommended approval for east and west signs (meet size requirements)
• Existing variance for ground sign height taller than six feet
o Petitioner making all possible variances for new building
o Permitted additional ground signs for identification for new roadway to site and new building
Department supports height variance to keep signs consistent
• New directional signs are taller and larger than permitted
o Necessary on site for way-finding
o Sixteen square feet larger than three square feet, however, contains a lot more information
Department recommended positive consideration
Discussion:
• Variance does not lock in exact location of rain gardens
o Variance is general for rain garden curbing
o Final design at Plan Commission
• Dan Kloc and Jim Schroeder clarified doors and windows on rendering
• Smaller identifier signs exempt because of size
• Facility will be comprehensive women's health center
o Diagnostic and physician offices for women and babies
o First floor may have supportive services: small pharmacy, massage, spa
o Birthing center and other intensive treatment services would be in the hospital
o Directional signs and navigational services will help to direct patients
Jon Sheidler
• Concrete parking bumpers at every parking space would stop a car from entering rain gardens
• Rain gardens will be two to three feet deep with very gradual side slopes
o Will not have standing water in bottom, except immediately after a rainfall
o Designed to drain down very quickly after rainfalls
• No safety concerns
• Several around City and surrounding communities
• All require parking bumpers in lieu of curbs
• Bumpers preferable to curbing for drainage
Discussion continued:
• Accent feature on signs is slightly larger than 8 feet 10 inches
o Main identification feature is 8 feet 10 inches
o Same as previously approved variance
• Rain gardens are interconnected to stormwater retention ponds on campus
o No potential for rain gardens to overflow
o Integrated part of overall system
o Would hold water in a 100-year rain event; requirement of City Engineering
Page 8 of 9
Carmel Board of Zoning Appeals
January 29,2013
. e Water will not pond as in typical parking lots
• Water discharges into more than one place
o New parking configuration clarified
o Curbs on very north and south ends of each rain garden (away from parking bumpers)
Motion:
On a motion made by James Hawkins and seconded by Alan Potasnik:
Docket Nos. 12120006 V through 12120012 V, St. Vincent's Women's Center for further than 90-
foot build-to line; parking between the build-to line and US 31; no straight concrete curb on parking islands;
wall sign facing west right-of-way; wall sign facing east right-of-way; 8 feet 10 inches ground sign height
proposed; and 16 square feet and four-foot tall directional signs be approved.
MOTION CARRIED UNANIMOUSLY
Adjournment
Motion: On a motion made by James Hawkins and seconded by Earlene Plavchak:
The Meeting be adjourned.
MOTION CARRIED UNANIMOUSLY
The meeting adjourned at 7:30 p.m.
•
Approved this r-s--t-i.,day of �IQvvtoiy 20
/ i
/ 2-6--x—x-e..—e.... %- /
Pre dent- James R. Hawkins Secretary - C V. ie f gley
Filename: 1.29.2013 regular meeting.doc
•
Page 9 of 9