Board of Zoning Appeals - Regular Meeting

I will call to order the December 3rd, 2025 Fischer Plan Commission meeting. Please join us for the pledge of allegiance. to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all for all.

Thank you. Roll call, please. Mr. Damer. Mr. Fain, here. Miss Logan, here. Mr. Mr. Peterson here. Mr. Molter here. Miss Stler here. Miss Jackson, Miss Frasier Mr. Stevenson here. Thank you.

We do have a quorum to conduct business today. First agenda item is approval of the previous minutes for our November 5th, 2025 meeting. I will just say one, I will abstain from voting because I wasn't here. Um, however, I did note that the minutes did say that Mr. Stevenson confirmed a quorum and called the meeting to order. Now, if I was able to do that, you guys would be impressed. I was doing my best impression, Har. So, with that, uh, I'll make a motion to approve the previous meeting minutes. Second. We have a motion and a second. All those in favor, please use the voting sign. I I.

Any oppose?

The motion carries. Thank you. The next agenda item is case number RZ-25-6story cottage. It is a consideration of a reszone of 1.3 acres from R2 residential district to C low commercial low impact district with conditions for a maximum square footage of 7500 square feet and the memory care facility use. And we have Ross Hillary here for the staff to present. Uh thank you chair. Uh for the record RZ25-6 uh correct is fourstory cottage. Uh so this is a consideration of a reszone from RT residential to the CEO commercial low impact uh with the conditions of a maximum square footage of 7500 square f feet and adding the use for memory care. The address is 10982 and 10990 Brooksville Road. Um this was recently subdivided a couple years ago um and has is currently for sale. Um a summary of this uh reszone is the commercial impact uh district that was added to the UDO um over the past two years uh limits uh commercial uses to office medical office uh beauty hair salon, day spa, nail salon um and then tonight they are requesting the additional use of memory care. It has a maximum square footage allowed of 4,500 square feet, which is the other condition that they're asking for. Um, this did go before council um in November, is here tonight for public hearing before plan commission and then anticipated to go to final reading um later this month. Uh, this property is zoned RT residential. Uh, to the north is RT residential as well as to the south. East and west are both uh single family peteds. Um in the comprehensive plan, this area is designated as suburban residential. Um the 2040 plan anticipated this area was to remain residential. Um but in the

staff report, um staff included uh while the comprehensive plan calls for suburban residential staff believes this use in zone district is an acceptable reuse of the property by providing smallcale memory care within our community, keeping and maintaining a residential character. Uh which the petitioner will explain further. Um this is a site plan that is in the updated uh plan commission document. There was a slight modification on the uh rideaway portion where the driveway would be. Um this is again preliminary. Uh so no additional engineering has been done. If this is approved, it would have to go in front of our full uh TA committee and go through engineering, storm water uh planning and all additional utilities and departments. So this is just a rendering uh to kind of prove that this site uh could work. Um this is incorporated in the resone ordinance um if it's approved before council um to be substantially similar um in nature. Uh this elevation is also included. Um uh usually with PUDS we're used to seeing elevations. Um but this is an existing facility. Um and this is also incorporated in the reszone ordinances. Uh the petitioner will speak more on this as well. Um but anticipated that when this is constructed that the building also be um substantially similar to this facade. Uh conditions that are within the ordinance um as mentioned before currently includes memory care use um maximum floor area not to exceed 7500 square feet and previous site plan and architecture included as well. Um public comments that were received prior to this meeting um were two uh the first one located as number one on the map was Todd McMillan uh noted as the president of the Brewater Homeowners Association 415 Breakwater Drive. Um concerns that were included in that were compatibility with existing zoning and character, uh concerns around sa uh safety and traffic, concerns around

property value, uh noise, lighting, and emergency service calls. Uh the second um one that we have is uh Malik Small, 471 Breakwater Drive, noted as number two on the map. Uh similar concerns, compatibility with existing zoning and character, traffic and safety concerns, and property value. Uh with that, staff does recommend a favorable recommendation um tonight uh for plan commission. Um staff is happy to answer any questions and we do have a presentation by the petitioner. So I will turn that over to Rick Lawrence. Thanks, Ross.

Good evening. For the record, my name is Rick Lawrence. I'm an attorney with Nelson and Frankenberger with offices in Carmel, Indiana. We we represent the applicant story custom development and story cottage tonight. Present tonight on behalf of the applicant is David Lesby and Diana Cohen, executive director of Story Cottage. By way of general background, Story Cottage offers a boutique memory care concept to its senior residents where compassion meets luxury. Story Cottage is dedicated to providing a unique and personalized approach in a safe homelike environment, including individual bedrooms, community spaces, and tailored activities to assist its residents in feeling purposeful engagement. Story Cottage operates a number of units around Indianapolis area with one at 13633 Kerry Road in Carmel and another at 1840 West Main Street in Carmel, Indiana in case you wanted to visit either of those. Approval of this reason request will allow cottage to provide an innovative living solution for people with memory loss in the city of Fisers. On display, as Ross had already indicated, the real estate is outlined in yellow. It presently includes two lots totaling 86 acres with common addresses of 10990 and 10982 Brooks School Road. Its access is off school road, not through a neighborhood. It's currently zoned R2 residential and ultimately if successful with the reszone the two lots would be replatted into one lot. This is a closeup closer up view of the two lots. As again as Ross had shown the exhibit now displays the concept site plan for the property. While residents will not have their own vehicles parking located on the property to accommodate guests and caregivers. site plan has been laid out to provide the ability to turn around so no one is exiting backwards onto Bible roads. Outdoor space on the

property will be fenced around the outdoor patio area for the residents. Additionally, the goal is to create a visually appealing and well landscaped residence. On the screen now is concept perspective of the front elevation of the home which is intended to blend into the residential nature of the area. The rest of the home side and rear elevations would be similarly detailed as shown here. The home will consist of 12 bedrooms to accommodate a maximum of 12 residents, including community spaces, kitchen space, and a small outdoor patio as illustrated on some of these pictures. In conclusion, Story Cottage will be creating a custom designed home that will accommodate the needs of residents by providing thoughtful support in a smaller, more comfortable and predictable setting that will blend well into the surrounding residential area. We appreciate the staff's review of this matter and um the analysis they did with regard to the comprehensive plan and the use of this or parcel for a unique um uniquely appropriate use for this area. With that, I conclude. We'll be glad to answer any questions you may have. Otherwise, requesting a positive recommendation to the council. Thank you for your time.

Thanks, Mr. Lawrence. Any questions for Mr. Lawrence at this time. Thank you. At this time, I will open up the public hearing. If there's anyone from the public who would like to address the board as relates to this petition, we'll ask you to approach the podium. Um, just for context, um, each speaker is limited to three minutes in their presentation. However, if you're here representing an association, um you can represent that association and we will allow you to speak for five minutes. And also, if you hear something that someone else has shared as a concern or an issue, um please um just share with us that you agree with that and you don't have to rehearse the the same issue or concern. And with that, um please state your name

and your address. My name is Todd McMullen, 415 Breakwater Drive. I'm a resident of Brewater Subdivision and the president of the Breakwater Homeowners Association. Several residents from our subdivision is here this evening. I'm here tonight to share our community's concerns regarding the reszoning request RZ256 for the 10982 and the 10990 Brook School Road which would allow construction of the 12 bed story cottage memory care facility directly adjacent to our 39 lot single family subdivision. Breakwater homeowners fully respect the value that memory care services provide within Our concern is not about the needs of this type of care, but whether this specific location is appropriate for an institutional facility of this nature. The proposed use is simply not compatible with the zoning intent or with the low density residential character of our neighborhood. Memory care facilities, even small ones, carry operational impacts that do not align with secluded single family areas. This includes staffing, shift change traffic, reoccurring deliveries, medical transport, transport activities, on-site equipment, and even more frequent emergency service calls. These are not impacts that the existing infrastructure or the surrounding land use environment are designed to support. Just as a quick reference, back in 2017, the city and the breakwater subdivision worked together and they modified Brook School Road and they basically took out the hill, if you recall, spent over a half a million dollars and added the passing lane. That was due to all the accidents that occurred with our residents over

the previous five years. six residents had uh car accidents because of the way that that that passing lane was not in incorporated at that time. You're going to potentially have that same problem north of our neighborhood as we did before. We also have concerns about the precedent that resoning would set. Many homeowners purchased in breakwater with this clear exception supported by current zoning in the 2040 plan that this area would remain low density and residential allowing institutional use here opens a door for further non-residentidential encroachment along Brook school road. Our objective is straightforward. To ensure that memory care facilities are placed in areas appropriately suited for institutional use where transportation patterns, infrastructure, and neighboring land uses can support them without creating new conflicts. On behalf of breakwater homeowners, I respect respectfully ask the planning commission to deny this zoning change. Thank you for your time and thank you for serving the community.

Thank you. to the members of the board. Thank you for the opportunity. Uh my name is John Elaine. I live at 141 Breakwater, which is exactly two lots over from the proposed site. Um, I strongly oppose the reszoning of the property and it shouldn't be anything other than single family uh, residential memory care facility is not compatible with the neighborhood. Uh, why am I really here? And I I want to do it because I'm a real estate developer by trade. Done it for 25 years and I've recently purchased over the last four years two properties in Scottsdale, Arizona. And I bring this up because both were zoned for 47 unit assisted living properties in the 80s and early 90s. Uh and built memory care was an approved use. Uh however, thanks to nuance changes and meeting so forth when they were originally planned and approved uh and with help of uh a good land loan use attorney cost me about 10 grand. We were able to convert those to deed restricted affordable housing. So you ask why uh why I oppose this. The city of Scottsdale, Arizona does not want affordable housing, but they were unable to prevent it. Why do I Why did I buy afford, you know, why did I do it? Because I made uh three or four million dollars doing it. So, so I state that I now control the only two affordable housing properties in Scottsdale,

Arizona that are HUD section 8 subsidized. And the reason I was able to do it is because how it was originally zoned and various nuances that re reference to something else and reference to something else. So fast forward now my other point of concern is what it will become in the future. So I grew up in San Diego. Uh my mother still has the home that I was raised in and uh five lots down from hers, someone bought the property and it's now a halfway house. So while these people might say, you know, who knows if a memory care facility will work in three or five years or 10 years, but someone buying that property will want to convert it into something. And once it's something other than single family, it's a slippery slope and they're going something worse. So, uh, I sure as hell don't want a a halfway house two doors down from where I live with my my kids. Um, so, and I know my neighbors don't as well. So, thank you. I strongly oppose this and uh hope you uh turn down the uh staff recommendations. Thank you.

Thank you.

Is there anyone else from the audience that would like to address this matter? Good evening. I'm new Kaido and I live at 265 Brickwater Drive and I concur with everything our homeowners association president has said tonight. It took us three times to get through the light at 116th in Brook School. This was at 5:30. So the traffic adding more traffic adding more res facility or adding this facility will increase the traffic unbelievably on Brook School Road and it will be dangerous and I just don't think it's all residential. Why would we want something an institutional facility in all residential area? So, I really oppose having it be there. Thank you for your time.

Thank you. Anyone else from the audience?

Hi. Uh, Matthew Brands, 9446 Ashley Lane. Um, I think you should disapprove uh this ordinance. Um, I don't think it's a it's a good procedure for the long-term uh health of our our city because I mean it looks like a reasonzoning but then there's all these conditions um which you would normally read as those are like restrictions, right? But they're not really restrictions. They're expansions of what's allowed in this clo zoning district. Um, you got the extra use, the memory care instead of the office or whatever would normally be allowed. You got the maximum floor area going up like 67%. Um, the site plan is a condition here which seems to me like CEO requires no parking in the front and the site plan shows parking in the front. So, that's like another expansion. Um, buffer yards. I don't know if the site plan would be used to argue because I don't see any like or anything if that's yet another effective variance if so that's like four are we are we granting like four variances here from the normal uh requirements of this zoning district and uh so you're the developer wants to split the zoning and then not follow any of the rules for that zoning just do whatever they want and uh it doesn't sit right with Especially because this is a city ordinance. I mean, approving the city ordinance is basically the mayor, city council just treating our zoning ordinance as guidelines, which we can ignore whenever it's convenient for whatever reason city council thinks. And I mean, we already have a board of zoning appeals to handle variances. And I mean, they're the experts over

there. There's a long list of reasons to grant variances. None of those reasons have been discussed here. Um, so why can't we just then go get their variances the same way everyone else does? Um, and yeah, the process here I think just it damages the stability of the zoning ordinance uh in general like the homeowners are talking about. So, um, the neighbors, I mean, um, I think that sums it up. Yeah, you should disapprove. Thank you. Anyone else from the audience?

My name is Paul Kurpatre. I live at 340 Breakwater Drive. Um, this kind of popped on us right before the holidays. A lot of people are traveling. I've talked to numerous homeowners in Hamilton proper, which is adjacent across the street that no one's brought up today. I live in Breakwater. I've talked to a lot of residents at Sand Sandstone Null. No one is I think here upset and arguing because I don't think no one realizes it's about to happen. They all think this is a crazy idea and no one wants this. And so I think the people that are here, we're we're the ones being proactive, but I think everyone thinks this will never happen. So we're adamantly opposed to this and we worry about the long-term uh reasoning of what this this president will say. Thank you.

Thank you. Anyone else? Seeing none, I will close the public hearing at this time. Fellow board members, discussion, comments, questions for the staff or the petitioner, lot a lot of interesting points have been brought up. Um, you guys are welcome for removing the hill there. I was a big proponent obviously through that and travel that area pretty frequently. I understand the traffic issues we have there. We have uh we have a lot of constraint issues as well with that road. Uh there's a legal drain that runs down by there which we can't touch because that's county. So there's a lot of those issues that go along there. I will tell you that the reason why the zoning is malible is because zoning changes as the times change and as things change go through here and and we have to be very cognizant of what's going in the community. And I think Fisers has done an excellent job quite frankly at trying to make sure we fit those things in to places where they will work. Um, if you look at 116th down by Kroger, you know, that's been highly sought after by a lot of people. We've chased a number of those people out. Anything that's put in there has got to be residential in nature. Obviously, look at more dentistry, etc., etc. U and those particular things quite frankly add an immense amount of traffic more so than I believe this item would if we look at it. The worry that we have around the city is we have so many pockets full of what I would call the older homes that are now coming to the bear and are saying I need to move or the residents have passed on and now the families have them and you get abandoned property. So, what do we do with those to try to make the vibrancy of the community stay where it's at? When I looked at this and and I've been, you know, vely opposed to many of these

these items going in all over the place without a lot of work to get them done. This one, you know, strang memory care facility that is absolutely residential in nature. the impacts that you guys point out. While I can't argue that they wouldn't be impacts, I don't look at as traffic being impact. If a hair salon goes in there, you're going to have way more traffic impact from the use of of emergency personnel. You guys have got the fire station right there. I live almost next to a fire station. It's actually further away than where you guys ride. I hear those trucks go out on every single run. and whe whether it's going into a memory care facility or down to save your neighbor's house from catching on fire. So I mean and every time we do anything as it relates to any economic development, people always go ahead and sight traffic. We can't do a thing here to increase the development in fisers to try to benefit the whole of the taxpayer without increasing traffic. So we try to stay on top of that through our road work which I think we've done a pretty reasonable job at. I do want to remind the the public here that we are not an approving body. The planning commission does not approve this item. We only recommend. If we don't recommend and we make no recommendation or we give it an unfavorable ruling, it is still going to city council here in a couple weeks. That will be the governing body that makes a decision on this item. So, I want everybody to understand that here in the audience. Your public hearing was here tonight. So there will not be a public hearing at the city council meeting. FYI, I just want to let you guys know that. So, you know, from from my point, what could go in there could be way worse than what you guys are thinking. You there's the land prices here in Fisers are astronomical for someone to put, you know, a piece of

property in there. And my answer has always been buy the property, save it for yourself. I had those same conversations back along Hamilton South Eastern Boulevard with people. You know, it's really hard to take away land rights and people that want to do that. Again, our worry is that if we're going to allow something in here that it does have a fit and that it does work with that community and all the traffic things go along with that. What Ross referred to earlier is TAC and that's gets very technical. It's a technical group that looks at everything including traffic. One of the things they look at is the traffic impact. If they run into any problems in TAC, that thing goes back to the drawing board too, right? they've got to get that fixed. So, there's many layers that are going to go on here to make sure that all those concerns that you guys have about that are certainly addressed and studied to make sure that it will not ne hugely negatively impact that area. So, you know, from from this side of it, you know, I' I' I'd warn you guys that if it doesn't get zoned for this, it's going to get zoned for something, and you may not like what it's going to get zoned for um at the end of the day, uh when this thing finishes. And again, I'm I'm hugely concerned about development around the city, making sure that it has the character that we believe the city deserves and has a use that the the the residents need. um other than yourselves that that are here tonight and I respect every one of you guys for coming out on a cold Wednesday night uh to be here to go talk about it. I've received a number of phone calls that are anxious to have this there because they have a parent or a relative that needs that that they're currently traveling to Carmel and Westfield and even Indianapolis to go do that. Um you know, I look at the use to be pretty solid in nature. I would ask our planning group because I understand the reason. The gentleman who came here does a lot in Scottsdale or did some

other development. I do have a way to potentially mitigate that. And I would say Ross that if we if we approve this and and not approve it, make a favorable recommendation because Rodney was going to correct me. So, um, if we make a favorable recommendation as we take it into council that if it were to come back and we make it a single use for memory care only, so if it wants to be reszoned, it's going to have to come back through that process again. So, I don't want to make it a CEO, right? Where if they come out and I'm going to go, well, I'm going to put a hair salon in there, which would be allowed in CEO, right? Along with a number of other things, I believe that we cut it off right there. And I know we've gone precedent and done that before. So, if we just make it a single use at that point, it takes away the reszone without coming back through the same process that had to go through, which is a costly process as a gentleman also talked about with his work down in Scottsdale with paying attorneys 10,000 plus dollars to do this. So, those are my quick comments as I have on on this item. So,

thanks Pete Kim.

Yeah, I have a couple of other thoughts. Um, we put together a 2040 plan and this was residential. Now we're changing that and going against and what we mentioned three or four different variances and I know how I would feel if this was potentially coming next to me as far as commercial just because we are allowing something that I don't think I I know where my daughter lives near the one in I know exactly where she lives just off Kerry Road. It's beautiful. But it really doesn't fit the neighborhood. Um I don't see a ton of traffic in and out, but I'm not over there all the time. But I think that my concern is we make a plan. Yeah, we can change a few things, but it was pretty significant in the size. And who's not to say that people might come and say, "Hey, I want to buy that land, put a home on it." I mean, if it's for sale, that's a potential use to leave it as residential and let somebody build a home that meets the criteria that has two or three cars each or something instead of multiple changes. Um, so making all of those variances makes me very uncomfortable with the um to approve it. I think that um yeah, it's great to have these pockets filled. I understand all that. I was a proponent. I annexed my neighborhood because of 121 homes. I went door to door to get notorized with signatures because I thought it was worth it. But for two plots of land in this situation that is zoned residential and it's all residential around there, I think that that is I think there's the variances are too much too different from the uh 2040 plan for me to support

it. Thanks, Kim. Any other discussion?

Yeah, I'd like to say um you know, I really support what uh councelor Peterson said here in that number one, I do have concerns of what it can be as far as a single family residential to to tear down the properties that's there to buy this property to build a single family residential. I just think that the land is probably going to be too high for someone to do that. The cost of the land. I also think that like council Peterson said, what you get later on down the road may be worse than this. We have an overlay of many of the properties that are orphan, what we call orphan properties, Swiss cheese properties within the city. And these properties we have designated that they would basically become CE low. If that would happen all those uses of clo would be better. I support the fact of putting this in but putting it to where the zoning if it changes any type of use they have to come back to us. The only thing it can be is a memory care. As far as traffic well it's fissurers is what I can tell you. But when I look at this, they're going to have uh you know residents there. I'm guessing it's probably two to three staff a shift um and probably one or two visitors a day. I don't think it's going to be adding a huge amount of traffic to this area and it does have to go through TAC as mentioned and meet all the requirements for TAC. Um, so I am supportive of this um because I do think it looks residential in nature and will fit.

Thanks, Selena. Any other comments or discussions? If not, I will entertain a motion. I'll make a motion to send a favor recommendation to city council with all the staff recommendations, but then added my recommendation to make sure that it's a single use member care only zoning and not a clo zoning. I'll second. We have a motion and a second. Roll call, please. Mr. Fain.

Miss Logan. No. Mr. Molter. Hi, Miss Frasier. Hi, Mr. Mr. Stevenson I call No, Mr. Peterson. Well, he still has to vote yes. Yes, for me as well.

Thank you. The motion does carry and it will go to the city council with a favorable recommendation from the plan commission. Thanks everyone for your comments and the discussions from the board as well. Next agenda item is staff communications. Uh yes, staff communications includes your 2026 uh meeting dates. Uh so you should have invites. Um if you don't yet, you will get those soon. Um those are listed on the agenda and are on the city website. Okay. Thanks, Ross. Any summary of council action?

Uh yes. So the UDO update that we brought to you guys uh last month was approved at city council that included the maximum square footage increase on the CEO as well as the car condominium use and definition added to the UDO. We had the first reading of Story Cottage which you guys heard tonight. We also had the first reading of the Lynwood Hills annexation. This is a 77 acre subdivision um in Delaware Township. Uh so we're excited to see that um now incorporated into the city. That is a pretty large sewer project um that we are doing. Uh it allows for those residents to connect uh to the city sewer um at a at a cost um but that is over a period of time so they can remove themselves from the septic that they are currently on. Uh we have the final reading of the Kidwood sub Kinwood subdivision which is a new nine lot subdivision off of promise in 136 and then the Ketchum annexation had first reading which was a single family lot to connect to sewing. That is your council items.

Thank you. Thanks everyone for 2025 and your service. Thanks to the staff as well. Wish everyone a happy holidays as we continue into December. And with that, we consider ourselves I'll make a motion to adjurnn. Ajourn.