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HomeMy WebLinkAboutCorrespondence ",. I' ..;,.~ December 7,2005 To: Fred Glaser - Carmel City Council- District #S Department of Community Services: Matt Griffin, David Littlejohn, Kevin Brennan Special Studies Committee Members Following the Special Studies Committee meeting on December 6, 2005, we wanted to summarize the unresolved issues that the area residents feel should be addressed and corrected by the Kinder Care business at the corner of 106th Street and Lakeshore Drive West. They are as follows: 1. Ground Identification Sign: The existing, illegal sign will be removed on or before December 13, 2Qds. The replacement sign should be of a neighborhood friendly design. A sandblasted,l,wobden sign, low profile, non-lighted, rectangular in size would be appropriate. The background and lOEo~ould be done. in the Kinder Care-eolors. The current building sign would have to be removed, since they agreed to have a sign either on the building or a ground sign. If they request two signs on the same frontage that would require a variance from the BZA. The Department of Community Services needs to require the petitioner to bave full color, detailed and dimensioned drawings of requested signage for the official file. The committee and the interested public need to see this document before a vote is taken. 2. Lighting Issues: The current dusk to dawn, orange lights on three sides of the building (two each side) must be replaced with what they agreed to, under soffit down lighting. The existing lighting in the parking lot has no ADLS approval. A new lighting plan needs to be required by the DOCS for the committee and residents to see and review and for the official file. Fred Glaser suggested that a timer be required that would control the time that the lights are on since the day-care hours are limited. 3_ Landscaping and Screening: Many of the landscape plantingsalong the 106th Street sidewalk have died and need to be replaced per their agreement in 1984. These were allowed to die over time and the petitioner has never fulfilled his agreement by replacing dead landscaping. Kinder Care must do something to block the view of the scattered, numerous plastic play toys now stored along the south side of the building that are in plain view to all traveling along 106th Street. They should be removed or blocked from view with a wooden fence or by a solid visual buffer of year-round green plantings. Kinder Care needs to be a good neighbor and dp a better job of controlling the weeds in the plantings and grass on their property. They should set a standard for landscaping care in the neighborhood. The DOCS needs to require Kinder Care to submit, in writing, a full landscape plan for the official file. This landscape plan needs to show details of plantings, including plant names, sizes and exact placement, with the wording that the property owner shall maintain tbe landscaping. 4. Bus Parking: The current parking status of the two buses that are on the property 24/7 needs to be addressed and solved. Please keep in mind that the buses are not used for children enrolled in Kinder Care but are used to transport older brothers and sisters to local public schools; once in the morning and once in the afternoon. This use was never presented or approved when ,Kinder Care received their Special Use. This service has been added in recent years and the buses are not appropriate or appreciated in our residential neighborhood. We have two possible solutions to offer: j CARMEL BOARD OF ZONING APPEALS - JUNE 27, 198) Page, 2 l58rhe public hearing opened at 7 .40 with' Mr. Nelson making the presentation for a child care center on 1.86 acres. .' 'A brochure explaining the center's services was presented for the record. Aerial photos of the immediate area were shown. , The existing vegetation on the west side of the property is to be rnain- ta ined · The site plan was shown and explained. Entry will be off of Lake Shore Dr. W. and there will be only one en- trano e. There will be side walks on the sou~ and east and substantial plantings in addi tion to wha t is presently there. . ." " There will be 45 parking spaces which meets ordinance requirements. The Development Plan meets.ordinance vequirements for 5-2. The Center will be open on weekdays from 6;)0 A.M. to 6.)0 P.M. and will not be open on Saturday and Sunday. All Technical Advisory Committee requirements have-been met. Photos showing the building were shown for review. (There will be no perimeter ligh ting. The ligh ti.ng yvill be recessed under the sophet, 3 in front, 2 on each side and 3 in back. ',Phere will be no parking___lo-t- 1 igh ting . Michael Holland, 7013 Whispering Trail, Keystone Woods, submitted for the record a peti tion in opposi tion from the 1voods Swim Club, Inc. Some objections presented were 1) busy intersection and 2) does this project serve the best interest of the swim club to the north. Slides :were show.n by Mr. Holland. Mr. Holland said they feel that there is not a need for another facility of this nature in our community. Concern was expressed for additional traffic on Lakeshore Dr. W. and on lo6th St. and for safety. Mr. Holland stated that they are opposed to commercial in this area and that this project is not in keeping with the residential nature of the area. Rev. Saunders questioned the traffic percentage increase. Mr. Holland said that with a 175 children capacity the increase in traffic between 6:]0 A.M. and 9:00 A.M. would probably mean another 50 cars on Lakeshore Dr. W. Mr. Frank Madden, 10716 Lakeshore Dr. W. related that children are picked up in the club parking lot by buses for religious schools and expressed con- cern for safety in regard to people dropping off and picking up children. Mr. Nelson responded stating that their investigation found a need for this facility. Mr. Nelson pointed out that this property will never have a ,residential dwelling on it because i t is next to tennis courts, a fire station and across the street from a cemetary. Mr. Nelson said that other uses allowed for this site are totally inappropriate. Traffic and student capacity for the facility was addressed.by Mr. Nelson. Mr. Bill Fehrenbach, consulting engineer, made a traffic study present- ation. The public hearing closed at 8:40., Mrs. Badger questioned the trash storage location. ,Mr. Bob Elkin said the state licensing authority dictates specific re- qUJ.rements for the facil~ty andthey do far exceed the minimum standards. The sign will be ei'ther. on the building or a ground sign. There will be no signage on Keystone Ave. '. , Mr. Ross moved to table -this item ~ntil July in order for Board members to review the traffic study. - . Seconded by Dr. Dowell. Mrs. Litvan asked that the petitioner show the sign plan when he returns, in July. 1 The motion was amended to include sighage for the July meeting. " Motion carried. . . . . ) , 2h.7 ..)0 .P..M~..' PUbl~..CHear~ng on -D.?Cket No. S 17-8;, Speci~l Exception Appl~cat~on'for Ma.rket~ng Serv~ces of Indiana, to be located at 1040 Sf' Range Line Rd. (Nazarene. Church). in B~J z'oning. '-Marketing Services g" , ~~dt?p~ J?:O:g~~~~1_ ~~:>n~~~a!~~._?~. chuEch ~d Q,ff!ce ~':li1ding', !. , " l ~~. TECHNICAL ADVlOORY m1M:ITrEE. ~1inutes-March 22, 1984 Page 2 B:EVERLY ENTERPRISES S . t . corner Penn Road and West Main Street .~. Phase I Final Development Plan pETITIONERS PRESENT: Al Oak, Joe Sharp Peti tioners delivered, for the fi le, ~he comni tl11ent to improve Penn Road. as per pIa,ns filed and drainage easement fc)r George Sweet ()ff 81 te property. Peti tioners are \V()rking wi th o\vner of trai ler park ()n Old ~1eri.dian to get drainage easEment for improvanents to drainage !aeJ.l~ties" Need to show stann \Vater flc)\\' dissipater at outlet of detention pond Petitioner will reqllest addttional right-af-way dedicated along Penn Road and '''lest ~min from ~.mx Hodson so that street ~provements can be completed per this project Building will be sprinkled --- projec.t meets Fi.re Department needs Will need separate one. thousand (1000) gallon grease trap for kitchen facilities Interior streets are all private City will require 5-4-3-1 road pavement when improvements are to be made. T.A.C. recommends approval of Final Development Plan with the above additions/corrections being incorporated on Final Plans. KINDER CARE 'DAY CARE CENTER N.E. corner of l06th Street and Keystone Avenue PETITIONERS PRESENT: Rob Kiem, Jerry \Vendling II Technical aspects of this submitted plan are the same as previously reviewed and approved. The only changes are snaller building and less .parking lo~. Petitioners will trove entrance driveway to avoid fire hydrant by at least four (4) feet. Fence will be moved to avoid trees along Keystone Avenue. Subsurface drain in detention area is to be slotted, corregated, black agricultural. drainage tile. must bore LakeshoreDrive, not cut to install utilities need to reconstruct storm inlet located in proposed entrance drive per City Engineer requirements Forty (40) parking spaces shown Gabions with five inch (5lt.) rip-rap to be used where rip-rap is shown City will not maintain proposed drainage ditch in the road right-of-way - Driveway needs to be constructed per 5-4'-3-1 ratio per City Engineer requir~nts .~Property owner will be responsible for maintaining evergreens along sidewalk W~llneed to show twenty foot (20') drainage and utility easement on north side of project; on South side of project a drainage easement only extending ten feet (10') is needed fran top of rround to include detention area. No easanent on west side · ~~~ ~UAHD OF ZONING APPEALS MINUTES - MARCH 26, 1984 aesthetically with the, rest of the project. Mrs. Badger moved that S 16-84, Special Use Application for addition to Pearson Ford, be approved as presented and that the addition is to blend I with the existing building and the special use is to run with the land. Seconded by Mrs. Book. Finding of fact was completed by members. The vote was 4 For, 0 Against. Motion carried. -4h. 7:30 P.M., Public Hearing on Docket No. S 17-84, Special Use Appli- cation for Kinder Care Day Care Center to be located at N.E. corner of 106th St. and Keystone Ave. in S-2 and S.R. 431 Overlay Zones. Filed by Robert Kiem for Kinder Care Day Care Centers, Inc. The petitioner was present. The public hearing opened at 8:44 with Jim Nelson making the presentation. Location was given and photos were shown of the surrounding area. The site plan was shown. Building size is 8,390 sq. ft. A 4 ft. high residential grade chain link fence will be around the property. The parking lot will have 40 spaces which meets ordinance requirements. There are side- walks on the east boundary running north and south and on the south boundary running east and west. Landscaping plan was given. There will be additional landscaping along the north side of the property. The trash d s erill be at the N.E. side of the building and will be enclosed an ~dscaped)~ 'po The entr wiJl ~ of Lakeshore Dr. W. A photo s 1ng samples of the playground equipment was shown. A rendering of the proposed building was shown. It will basically be 1 brick trimmed in rough sawn cedar. ) A ,drawing of the building front was shown. The sign is unligh~ed and 12 sq. ft. in size. Letters will be dark brown and affixed to the rough sawn cedar of the building. Samples of the letters were shown. Front elevation shown with the change proposed. This application is for 150 students. The facility will be open from 6AM to 6 PM Monday through Friday and will not be open on weekends. \\... The concrete parking' area contains 40 spaces. } There will be no drop off area and the parents must walk the students to the door. . Mr. Nelson stated that this is virtually the same application as was presented in July of 198J for the National application. Fred Wright, 10909 Lakeshore Dr. W., said his main objection is the un- necessary hazard to the children due to the fire station and that there are other places to serve this purpose available in the communi ty that are no t hazardous. . Jerry Nelson, 1019 Pleasant View, spoke of child safety. Frank Madden, Lakeshore Dr. W., stated that this is out of character with the neighborhood' and spoke of concern for traffic and safety. . Mr. Madden su~.i,tted a petition in opposition from the Woods Swim Club, Inc. (which is a part of the official minutes and attached to the master copy) . '. John Household, Lakeshore Dr. W., spoke in OPposition stating that this is a'quasi~ommercial USe in residential. Mr. Nelso'n made supporting comments, stating that this site does not -border one residential site and that he feels this does fit in with the sur- rounding use. Mr. Nelson stated that no one is going to use this property for single family. . . Mr. Nelson passed to members a traffic analysis prepared in June of 1983 II ' Page 3.20:~ .~ CA~'MEL BOARD OF ZONING APPEALS - JUNE 27. 198) Page 2 15~he public hearing opened at 7.40 with Mr. Nelson making the presentation for a child care center on 1.86 acres. "A brochure explaining the center's services was presented for the record. Aerial photos of the immediate area were shown. , The existing vegetation on the west side of the property is to be rnain- · ta ined . The site plan was shown and explained. Entry will be off of Lake Shore Dr. W. and there will be only one en- trance. There will be side walks on the south an~ east and substantial plantings in addi tion to wha t is presently there. " There will be 45 parking spaces which meets ordinance requirements. The Development Plan meets ordinance requirements for S-2. The Center will be open on weekdays from 6:)0 A.M. to 6#)0 P.M. and will not be open on Saturday and Sunday. All Technical Advisory Committee requirements have been met. Photos showing the building were shown for review. There will be no perimeter lighting. The lighting will be recessed under the sophet, J in front, 2 on each side and J in back. ~here will be no parking lot lighting. Michael Holland, 7013 Whispering Trail, Keystone Woods, submitted for the record a petition in opposition from the Woods Swim Club, Inc. Some objections presented were 1) busy intersection and 2) does this project serve the best interest of the swim club to the north. Slides were shown by Mr. Holland. Mr. Holland said they feel that there is not a need for another facility of this nature in our community. Concern was expressed for additional traffic on Lakeshore Dr. vv. and on lo6th St. and for safety. Mr. Holland stated that they are opposed to commercial in this area and that this project is not in keeping with the residential nature of the area. Rev. Saunders questioned the traffic percentage increase. Mr. Holland said that with a 175 children capacity the increase in traffic between 6:)0 A.M. and 9:00 A.M. would probably mean another 50 cars on Lakeshore Dr. W. r~1r. Frank Nladden, 10716 Lakeshore Dr. 1'1 . related tha tchildren are picked up in the club parking lot by buses for religious schools and expressed con- cern for safety in regard to people dropping off and picking up children. Mr. Nelson responded stating that their investigation found a need for this facility. Mr. Nelson pointed out that this property will never have a residential dwelling on it because i t is next to tennis courts" a fire station and across the street from a cemetary. Mr. Nelson said that other uses allowed for this site are totally inappropriate. Traffic and student capacity for the facility was addressed.by Mr. Nelson. Mr. Bill Fehrenbach, consulting engineer, made a traffic study present- ation. The public hearing closed at 8:40. Mrs. Badger questioned the trash storage location. Mr. Bob Elkin said the state licensing authority dictates specific re- quirements for the facility andthey do far exceed the minimum standards. The sign will be either on the building or a ground sign. There will be no signage on Keystone Ave. Mr. Ross moved to table this item until July in order for Board members to review the traffic study. Seconded by Dr. Dowell. Mrs. Li tvan asked tha t the peti tioner show the sign plan when he returns~~ in July. 1 The motion was amended to include signage for the July meeting. · Motion carried. ) 2h. 7'30 P.M.. Public Hearing on Docket No. S 17-83. Special Exception Application-for Marketing Services of Indiana, to be located at 1040 s. Ral}ge Line Rd. (Nazarene Church) in B-3 zoning. . Marketing Services of Ind1ana proposes conversion of church tol office building. F11ed by Dale Schenkel for Marketing Services of Indiana~ . ') 0 Cf~...MEL BOARD OF ZONING APPEALS MINUTES - MARCH 26, 1984 Page 4 ~ ~ Wm. Fehirbach of A & F Engineering C~., Inc. for the proposed National Child Care Center (which is a part of the official minutes and attached to the master copy). Mr. Nelson said he does not feel this project will create any significant traffic increase in the area. Fred Wright, 10909 Lakeshore Dr. W., said he feels there will be a traffic problem twice a day. Jerry Nelson, 1019 Pleasant View, said he does not feel that this traffic analysis of June 198) is valid today. The public hearing closed at 9:40. Mrs. Badger questioned the depth of the green area in front of the park- ing lot on the east side of the building. Mr. Nelson said 35 ft. Mr. Nelson said there will be no swimming pool. Mrs. Badger asked if the cedar siding is to be stained and if so what color. The petitioner responded that it is to have the natural look of the cedar. A Special Use was granted to National Day Care for this property in 1983 and they did not build their project. The plans 'have since been changed. Mrs. Badger questioned, if this present request was not passed by the Board, ~..._ could the-petitioner go ahead and build that 198) project with no changes. / Mr. Kiphart related that they could come in and build the project as --.. approved in 1983. Mrs. Badger questioned problems with trash areas. ,Bob Jacobs, 7030 N. Graham Rd., district managerm Kinder Care, stated that they have a contract with a trash collector in Indianapolis, and if they find any problem with trash build up they will get.a local person to clear it out. . Mrs. Book moved that S 17-84 be approved as requested with revised architectural plans and to run only with Kinder Care Day care Center. Seconded by Mrs. Badger. Finding. of fact was completed by members. The vote was 2 For, 2 Against (Mrs. Badger and Mr. McFadden voting NO). No decision was rendered and the petitioner may return for another vote next month upon written request. Sh. 7:30 P.M., Public Hearing on Docket No. V 7-84, Sign Variance Package for Shell Oil located at 1230 S. Range Line Rd. in B-3 zoning. Petitioner is requesting more and larger signagethan permitted by ordinance. This item was tabled at the March 12, 1984 meeting at. the petitioner's request. Filed by James Touhy for Shell Oil. The public hearing opened at 9:56 with Mr. Touhy making the presentation. Photos were. shown to .illustrate requested signage (fUll service, self service and open 24 hrs.). Mr. Tauhy said the signage is needed in order to direct customers to the proper pumps and to inform of the 24 hour service. . Mr. Kiphart _ .said that the request for signs wi th some modifications . would. be allowed by the ordinance and he. feels that working- -with the- petitioner on this would be. a better way to go and stay within. the -~ ordinance! requirements. . .. Mrs. Badger- said that a window sign and lights on at night is~.the best advertising to show that the station is open at night. Mr. McFadden asked why not do away. with fUll service. ~..-l Mr. Dennis Maxim, sales manager for this area, said the reason. they want to keep fUll service is that they need the price from full service. I Mr. Maxim stated that they would have to raise the self-serv price if they did.away with full service. The "open 24.hrs. signs on 2 places on the canopy will be 13' x 2' (26 sq. ft.. pe~ sign) and the threesel:f and full serve' signs will be 10 sq. ft. (a box) on 2 sides. I . I -I .,J 'l. August 29, 2005 Attention: Carmel Clay Plan Commission Special Studies Committee RE: Docket No. 05080008 ADLS Amendment for Kinder Care Learning Center Signage First, let me thank you for serving on the Carmel Clay Plan Cotnmission. It takes a great deal of time and dedication, but it is also rewarding to serve the community where we live and in which we have great pride. I served on the Plan Commission for ten years and the Board of Zoning Appeals for nine years so I know the importance of the job you do. As a member of the Plan Commission I chaired the sign ordinance committee that wrote the current ordinance. We had public input; the Chamber of Commerce Director attended every meeting, the Director of the Department of Community Development was always in attendance giving us helpful guidance, and the city attorney attended the meetings. This document was painstakingly constructed and took two years to complete! Many compromises were made but the final ordinance was considered fair to all concerned. It was unanimously approved. We appreciate that Mayor Brainard and the Department of Community Services recognizes the importance of limiting visual pollution by enforcing the sign ordinance. Weare submitting this letter to you today regarding the petition before you from Kinder Care at 10616 Lakesbore Drive West. I was on the BZA when this project was approved. My husband and I live in Woodland Springs so we pass the Kinder Care property several times daily.. When Kinder Care was approved by the BZA on June 27, 1983 we assumed that Kinder Care would be good neighbors and keep their property up to residential standards. I regret that they have not done that. The records show a complaint was filed in 2003 when said business displayed an illegal banner on their fence and outlined their phone number by sticking drinking cups in the chain link fencing! The letter also states "illegal signs have been a persistent problem with this property". F or the following see attached photograph sheet (1.) Currently Kinder Care has a stenciled spray-painted sign on the south wall of the building! This is an illegal sign and a disgrace. (2.) The additional landscaping that was required of Kinder Care resulted in a few shrubs being planted along I06tb Street. Most of those have died and no replacement of landscaping has been done, as required by the Carniel Zoning Ordinance. (3.) The lack of a landscape buffer along 106th Street leaves the illegally stored, multi- colored, tricycles and play equipment outdoors 24/7 in full view of everyone traveling I06th Street. Not a very nice entry into two residential subdivisions! (4.) Kinder Care landscaping is neglected, the shrubs are infested with overgrown weeds and the lawn needs weed killer and fertilizer applied. (5.) They own two buses to transport children that are painted with colorful murals that are parked 24/7 in tbe parking lot in full view of 106th Street and Lakeshore Drive West. These buses were never mentioned in their original application or approved. Day care centers traditionally are facilities where parents bring their children in and pick them up in the family vehicle. Let me quote from the aZA minutes from March 26, 1984 when this facility was approved. "There will be no drop off area and the parents must walk the students to the door." Obviously, the Kinder Care application and approval did not include vans to transport children. These vans, parked in full view, have resulted in a grossly negative impact change in our residential neighborhood! (6.) There is a small sign on the front of the building that does not comply with what was approved on March 26, 1984. Does it have a sign permit? Now this business has established a "mini billboard", capable of being internally lit, on Lakeshore Drive West with absolutely D9 approval or legal permit! Also, the sign has no landscaping. In 1984, when the petitioner returned to the BZA, signage was approved as it was shown on the submitted plan. I quote the minutes from that meeting: "The sign is unlighted and 12 sq. ft. in size. Letters will be dark brown and affixed to the rough sawn cedar of the building. Samples of the lettering were shown." This is the only signage that has been approved for this business building located in our residential neighborhoods. I really question why a day care center needs a lighted mini billboard. Everyone who uses their services is under a contract and going to the same location every day! It is not a situation where they depend on walk-in or drive-by customers - if it were it would never have been a Special Use Application! It would be unwise to begin a precedent by approving a sign of this architectural design under a Special Use situation when you consider the many other special uses already established in residential neighborhoods. There is an identification sign for the Carmel rue station, the Keystone Woods Clubhouse, and the Forest Dale Elementary School in the immediate vicinity. Every sign is a woode~ sand blasted sign painted in earth tone colors with no lighting. There is nothing obnoxious like this commercial sign. I would like to call to your attention a subtly in the sign ordinance. Under each classification please look at: h:) illumination. If it does not specifically list internal illumination then it is prohibited. If h:) illumination reads permitted. it means ground lighting, or wall lighting is permitted as long as the light source is reflected from lights, such as spotlights; and those lights must be shielded so they do not result in visual glare. I know when I served in your position there were always some people who figured if they built it with no approvals then the governing board would just have to approve it! It's the old bait and switch routine. We feel certain you will not succumb to such a transparent game. We anticipate that you will require Kinder Care to comply with their 1983-1984 applications and approvals by requiring them to upgrade their facility by meeting the following criteria: A.) Require them to remove their illegally established sign on Lakeshore Drive West that was constructed without approval and without a permit.. B.) Require them to remove the illegal painted sign on the brick wall on the south side of the building. c.) Require them to shield from view their two school vans that act as full color billboards in the parking lot day and night. D.) Upgrade their landscaping by replacing dead plantings, eliminate weeds, fertilize and care for the lawn, as good residential neighbors. E.) 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