HomeMy WebLinkAboutMinutes BZA 06-24-131
City of Carmel
MINUTES
Carmel Board of Zoning Appeals
Regular Meeting
Monday, June 24, 2013
6:00 p.m.
Council Chambers, Carmel City Hall
Present: James Hawkins, President
Leo Dierckman
Earlene Plavchak
Alan Potasnik
Ephraim Wilfong (absent)
Connie Tingley, Recording Secretary
Staff members in attendance:
Legal Counsel: John Molitor
Alexia Donahue Wold, Planning Administrator
Mike Hollibaugh, Director, Department of Community Services
Claire Bowers, Intern, Department of Community Services
Previous Minutes:
On a motion made by Alan Potasnik and seconded by Leo Dierckman:
The Minutes for the meeting dated May 28, 2013 were approved as circulated.
MOTION CARRIED UNANIMOUSLY
Department Report: Alexia Donahue Wold
• Items 1 -2, Docket Nos. 13020024 -25 V, Holiday Inn, have been tabled to July 22 meeting
• Item 4, Docket No. 13050004 V, 255 Associates LLC, has been tabled to July 22 meeting
Legal Report: Mr. Molitor:
• Nothing to report
Public Hearing:
1 -2. TABLED TO JULY 22: (V) Holiday Inn — Signage
The applicant seeks the following development standards variance approvals:
Docket No. 13020024 V Ch. 25.07.02 -03 b) 1. Number of signs '(2 proposed, 1 allowed)
Docket No. 13020025 V Ch. 25.07.02 -03 b) 1. Number of signs facing west ROW (2 proposed, 1
allowed). The site is located at 9797 N. Michigan Rd. It is zoned B -6 and is within the US 421 Overlay Zone.
Filed by Lee Heppenheimer of HC Carmel, LLC.
W WW.CARMEL.IN.GOV
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Carmel Board of Zoning Appeals
June 24, 2013
3. (SU) Harvest Bible Chapel - Carmel.
The applicant seeks the following special use approval for a church in the Neighborhood Residential Use Block of
the Legacy PUD:
Docket No. 13040010 SU PUD Z- 501 -07, Section 5.1 Permitted Uses: Church Special Use in
Neighborhood Residential Use Block
The applicant seeks Special Use approval for a new church within the Legacy PUD. The site is located on the
west side of River Road approximately 1,200 feet south of 146" Street. It is currently zoned PUD (Legacy 2 -501-
07). Filed by Charlie Frankenberger and Jon Dobosiewicz of Nelson & Frankenberger on behalf of Harvest Bible
Chapel of North Indianapolis, Inc.
Present for Petitioner:
Jon Dobosiewicz, Nelson & Frankenberger; Brian White, Pastor; and Jim Shinaver, Nelson & Frankenberger
• Aerial map shown
o Church site within Legacy PUD highlighted
• Street connections indicated
o 17 -acre parcel along River Road
• Area west of parcel is open space and wetland park serving Legacy Development
• Concept plan for Legacy Development shown
o Church is permitted as a Special Use within the Legacy PUD
• With approval, churches are permitted Special Uses within all residential districts in
Carmel
o Legacy requires all non - residential development within the PUD to receive ADLS approval
through the Plan Commission and Special Use approval through the BZA
• They doubled up on procedures /public notice mailings
• Plan Commission public hearing in May received approval
• This hearing for BZA review of the Special Use
• Color rendering of Master Plan of site (Tab 3 in packet)
o Access driveway connections to River Road
o Development in several phases, working north to south on site
o Overall Master Plan envisions development of site over several years
• As future phases are needed; they will require Plan Commission approval /review
• Development Plan, Architecture, Landscaping, Lighting, Signage (DP /ADLS)
• Phase I will include parking on north, Phase I worship space, and additional building for children's
programming and administration
• All building elevations and drawings for both buildings under Tabs 5 -6
o Elevations of Worship Center shown from River Road and north
• Building materials include architectural elements such as pre -cast concrete panels, brick
inlay store -front finishing systems, reclaimed wood panels from existing buildings on
property and textured and smooth -faced metal panels
• Exhibit of building materials shown
o Elevation of Children's /Administrative building shown
• Smaller building, south and east between main Worship building and River Road
• Elevations show consistent detailing on all sides
• Same materials and architectural design applied on all elevations and future additions for
consistent design /theme development of the property
• Plan Commission has approved Development Plan and ADLS
o Property conforms to Zoning Ordinance
Public in Favor:
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Carmel Board of Zoning Appeals
June 24, 2013
Kevin "Woody" Rider, Carmel City Council and Plan Commission
• Unhappy with parking comments on Department Report
o Came through Plan Commission
• Committee shut down what Staff wanted
• Felt it was inappropriate and should not be on Department Report
• Not part of Special Use
• Does not create safety issue
• Does not create drainage issue according to Mike McBride, City Engineer
• Short sighted to bank parking
o Should not spend God's money on additional pervious pavers
o Landscape will be approved; additional trees not needed
o What will be trigger to spend additional money for banked parking?
• 100 people, 200 people
• Holidays will be huge increases
• Parking is biggest problem at his church (Northview)
• Additional lot with shuttle for volunteers and pastors
• Closest spaces reserved for visitors to church
• People will leave if parking is not convenient
• Parking was not brought up at full Plan Commission
Department Report:
Alexia Donahue -Wold
• Special Uses for churches are generally considered favorably
o Proposed church use should be compatible with surrounding uses
• Project received DP /ADLS approval
o Architecture is compatible and complementary to character of area
• Department has concern with amount of proposed paved surface
o Environmental impact on surrounding area, including stormwater quality
o Increase in impervious surface reduces area for water to percolate into soil
o Stormwater runoff is increased and contains pollutants from different impervious surfaces
o Department brings up this issue consistently
• Not just about the church, but also the broader impact of the development
o Several factors can be considered with site design of Special Use
• Impact of traffic and parking on surrounding area
• Ways discussed to mitigate impact from such a large paved area
• Possible improvements would be to bank some of the parking until later date;
phased in over time
• Increase /expand bio- swales to filter runoff
Department recommended positive consideration of the Special Use
Discussion:
• Signage /murals shown in packet are permissible under PUD and were reviewed as part of ADLS
• Parking effects have been reviewed
o Ordinance addresses mitigation of any size parking lot
o No environmental concerns were given by Engineering or Surveyor offices
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Carmel Board of Zoning Appeals
June 24, 2013
o Church has chosen pervious pavers in indicated areas to intercept water where parking lot drains
to west
• Mitigate any negative effect associated with environmental concerns
• Additional pervious pavers not needed for environmental concerns
• Fully comply with Ordinance with any environmental concerns
• Glass section of building will contain name of church
• Sending out two sets of notices was unique to the Legacy PUD (Plan Commission and BZA)
• Lots of parking always needed for a church
• One dual entry /exit from north section of parking lot
o Site engineer said there is adequate stacking area on the site for multiple services
o Lane for southbound and lane for northbound exiting traffic
o South parking lot has two curb cuts
o Need to facilitate people coming and going to church services
o Anticipate only one driveway curb cut for Phase I
Motion:
On a motion made by Alan Potasnik and seconded by Leo Dierckman:
Docket No. 13040010 SU, Harvest Bible Chapel for Permitted Uses: Church Special Use in
Neighborhood Residential Use Block of Legacy PUD.
MOTION CARRIED UNANIMOUSLY
Discussion — Board with Legal Counsel:
• Mr. Molitor stated there is nothing in BZA Rules or Plan Commission Rules that preclude the Developer
from sending out notices for both bodies at the same time, in the same envelope.
o Two notices would need to be prepared for one envelope
• How many times can a Petition be tabled on the BZA Agenda before it would need to be re- filed?
o No rule specifically addresses number of times
o In past, the Board has dismissed Petitions or expected the Petitioner to withdraw after a
reasonable time — at least three times for lack of prosecution
• Holiday Inn has obtained counsel after receiving negative consideration
• Plans to present at July 22 meeting
• Tabled one time due to illness of Petitioner
4. TABLED TO JULY 22: (V) 255 Associates LLC, Reduced R.O.W
The applicant seeks the following development standards variance approval for reduced right -of -way dedication.
Docket No. 13050004 V ZO CH: 2.09 Compliance with the Transportation Plan, reduced
ROW requested. The site is located at 255 E Carmel Drive and is zoned B -8 /Business within the Carmel
Dr/Range Line Rd Overlay. Filed by Dave Coots of Coots, Henke & Wheeler.
Adjournment
Motion: On a motion made by Leo Dierckman and seconded by Earlene Plavchak:
The Meeting be adjourned.
The meeting adjourned at 6:25 p.m.
MOTION CARRIED UNANIMOUSLY
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Carmel Board of Zoning Appeals
June 24, 2013
Approved this /1- day of
(A\ 2013.
P esident - James R. Hawkins
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Secretary - CoTie Ti
Filename: 6.24.2013 regular meeting .doc