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HomeMy WebLinkAboutDepartment Report 03-26-181 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT MARCH 26, 2018 (V) 13081 Wembly Cir. Fence Height. 1. The applicant seeks the following variance approval for an 8-ft tall privacy fence along Main St. Docket No. 17120005 V ZO Chptr 25.02.02 Max. 6-ft fence in front yard allowed, 8-ft requested. The site is located at 13081 Wembly Cir. (Brookshire North Subdivision, Section 3, Lot 118). It is zoned R-1/Residence. Filed by Joshua Kirsh of the Carmel Engineering Dept. on behalf of the owner, Helen Portwood. (This item will now be heard by the full Board, rather than the Hearing Officer.) General Info: The petitioner seeks approval to install an 8’ privacy fence as a buffer between the residence and the future roundabout at Main St. and Gray Rd. Please see the petitioner’s info packet for more detail on the variance request. Analysis: The maximum allowed front yard fence height outside the buildable area is 6’, if the property abuts a Parkway and is 6’ from the property line. The petitioner asks for 8’ because the topography slopes downwards toward the property and does not adequately shield the residence from vehicles at the intersection. The Carmel Engineering Department agreed to the 8’ fence height when negotiating land acquisition for the future roundabout project at Main St. and Gray Rd. The roundabout and sidewalk will be closer to the residence than the current intersection. The Planning Dept. supports this variance request. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket No. 17120005 V. 2 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT MARCH 26, 2018 2. TABLED TO APRIL 23 - (A) Lucas Estate Appeal: Docket No. 17120006 A. The applicant seeks to appeal the 11/09/2017 Determination Letter written by the Carmel Department of Community Services’ Director. The site is located at 1143 W. 116th Street. The site is zoned S1/ Residence and partially lies within the West 116th Street Overlay Zone and the Floodplain Zone. Filed by Timothy Ochs of Ice Miller LLP, on behalf of The Lucas Living Trust. This item is tabled to the April 23, 2018 regular BZA meeting. 3 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT MARCH 26, 2018 (SU, V) LeafSpring School. The applicant seeks the following special use & development standards variance approvals for a kindergarten/preschool and private school on 3.93 acres: 3. Docket No. 17120025 SU ZO Chptr 5.02: Permitted Uses, Special Use required for a School. 4. WITHDRAWN - Docket No. 17120026 V ZO Chptr 5.04.03.F: Max. 35% lot cover allowed; 39% proposed. The site is located at 14590 Cherry Tree Rd. It is zoned S1/Residence. Filed by Jim Shinaver of Nelson & Frankenberger, on behalf of Imagine and Discover, Inc. dba Rainbow Station. General Info & Analysis: The Carmel Zoning Ordinance allows for Institutional Uses (including kindergarten/preschool/school educational land uses) within single family residential districts with Special Use approval by the Board of Zoning Appeals. Section 9.09 of the Unified Development Ordinance establishes that Special Uses shall generally be considered favorably by the Board if they favorably address ordinance criteria. Educational/Institutional uses are viewed as compatible uses next to residential uses, but with special review of technical aspects and other factors to ensure compatibility. The Petitioner seeks Special Use approval for an educational use on 3.93 acres of land. The main preschool/ kindergarten/private school use will also have a day care element and a small medical office element (Get Well nurse’s office). (On a related note, a Clinic or Medical Health Center is also Special Use in the S1 zoning district.) The Petitioner stated that patrons of LeafSpring will most likely reside within an approximate 2-mile radius of the site. Please see the Petitioner’s informational packet for details on the proposed project. The building is now proposed to be 17,563 sq. ft. in area (was 19,900 s.f.). It will have a maximum overall capacity of 240 students (with a maximum of 222 students on site at any one time) and for a total of 35 teachers/ employees (with a maximum of 26 employees on site at any one time). The building will have a masonry exterior and be residential in design and height. The hours of operation are proposed to be Monday –Friday from 6:30am -6:30pm, with some weekend events. Proposed once a month on Saturdays from 5:30 -10:00 pm is a “Parents Night Out”, and periodically, possibly 1-2 times per quarter, a school special event may occur on a Saturday or Sunday. Parents Night Out Service: Once a month the Petitioner would provide a “Parent’s Night Out” on Saturdays from 5:30 p.m. to 10:00 p.m. This allows parents to enjoy a night out, and their children can attend the school for supervised activities. Typically, less than 20 children and 4 teachers are in the building during a “Parents Night Out”. (This would occur 12 times a year.) Quarterly Events: A service to families, potentially one time a quarter, the Petitioner would provide a scheduled event on a Saturday for family fun. Examples include: Christmas Village, Spring Fling, Summer Carnival, and Trunk or Treat. These events are sign-up events and spread out over the scheduled time so that the school can manage the number of families attending, parking, and flow of people; events may last for 2-4 hours. (This is a potential for 4 special events per year.) The project will comply with all development requirements, including landscaping, lighting, signage, drainage, etc. Only one sign is proposed, and that is a ground sign. No variances are requested; the Petitioner withdrew the lot coverage variance since they now show 34.5% cover, meeting the 35% maximum. 4 The subject site is zoned S1/Residential. Without BZA approvals or without a City Council rezone, the current zoning would only allow for 3.93 single family dwelling units to be built on the site via a subdivision plat. (However, the development trend in the area could allow for support of an additional density request.) The land uses surrounding the site are single family detached homes, as well as neighborhood common area. The site lies at the southeast corner of 146th Street and Cherry Tree Rd. 146th Street runs along the north side of the site, and it is a 4 lane road with a median and with turn lanes. Cherry Tree Rd. runs along the west side of the site, and it is currently a 2 lane road with no shoulders. The Transportation Plan classifies 146th Street as a Primary Arterial Street (120-ft right of way), and it classifies Cherry Tree Rd. as a future Collector Street (90-ft right of way). A Primary Arterial Street is designed to carry very heavy volumes of traffic to major destinations in or out of the City. A Primary Arterial Street is equivalent in vehicular intensity to a Primary Parkway Street. Generally, Primary Arterial Streets have restricted access, turn lanes at all intersections, and are designed to mitigate congestion. A Collector Street is designed to carry moderate volumes of traffic throughout the community. A Collector is equivalent in vehicular intensity to an Urban Collector Street and a Parkway Collector Street. Generally, a Collector Street is designed to allow direct residential driveway access and allow on-street parking when deemed necessary and safe. Comprehensive Plan & Land Use Compatibility: The Comprehensive Plan is a guide for development and growth within the city. The Land Classification Plan Map suggests that this stretch of 146th Street as an area for Special Study. (In essence, this Special Study is being done via a BZA public hearing process as a Special Use Permit request for a school for the subject site.) Part 3 of the Comprehensive Plan, the Land Classification Plan provides policy considerations for and about appropriate adjacent land uses. Schools are classified as an Institutional Use. The Institutional uses are to be installed with sensitivity next to Residential uses, and, when located adjacent to Estate and Suburban Residential Uses (which surround the site) they are a ‘Conditional Fit’, if building orientation, transitions, and architecture are implemented with sensitivity to context. A few ways that this project will be installed with sensitivity next to the adjacent existing residential uses is with tree preservation in all areas possible, ample landscaping/bufferyards per Carmel requirements, installation of shorter parking lot pole lights with down-lighting to minimize light spillage or glare, and placing the building closer to 146th Street, away from nearby homes, as well as keeping the construction within the required building height and lot coverage. The Petitioner stated in their info packet that the HVAC equipment will be located in the northwest corner of the building and will be screened from view. The playground area will also be located north of the building. A few ways that the Petitioner can improve the project is to possibly add screening (such as landscaping) on or in front of the parcels just to the west of the site to screen vehicle headlights exiting the school site, and possibly erecting a perimeter privacy fence (though not required). Special Use Procedure: Zoning Ordinance chapter 21 (Unified Development Ordinance article 9.09.C) lists out procedures for Special Uses. Special Uses shall generally be considered favorably by the Board of Zoning Appeals. Twenty five items are listed out as criteria for basis of the Board’s review. And, five determining factors are listed out as a basis for the Board’s approval or rejection (and this is also referred to as the Findings of Fact). They are listed below. Criteria for Basis of Board’s Review: 1. Topography; 2. Zoning on site; 3. Surrounding zoning and land Use; 5 4. Streets, curbs and gutters and sidewalks; 5. Access to public streets; 6. Driveway and curb cut locations in relation to other sites; 7. General vehicular and pedestrian traffic; 8. Parking location and arrangement; 9. Number of parking spaces needed for the particular Special Use; 10. Internal site circulation; 11. Building height, bulk and setback; 12. Front, side and rear yards; 13. Site coverage by building(s), parking area(s) and other structures; 14. Trash and material storage; 15. Alleys, service areas and loading bays; 16. Special and general easements for public or private Use; 17. Landscaping and Perimeter Bufferyards; 18. Necessary fencing; 19. Necessary exterior lighting; 20. On-site and off-site, surface and subsurface storm and water drainage; 21. On-site and off-site utilities; 22. Dedication of streets and rights-of-way; 23. Proposed signage (subject to regulations established by the Sign Ordinance); and 24. Protective restrictions and/or covenants. 25. Need for lifeguards & supervisory personnel, in respect to a private recreational development/facility. Determining Factors: 1. The particular physical suitability of the premises in question for the proposed Special Use. 2. The economic factors related to the proposed Special Use, such as cost/benefit to the community and its anticipated effect on surrounding property values. 3. The social/neighborhood factors related to the proposed Special Use, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity. 4. The adequacy and availability of water, sewage and storm drainage facilities and police and fire protection. 5. The effects of the proposed Special Use on vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed. Technical Review & Aspects: Technical Advisory Committee members (TAC) review all technical aspects of a project, such as grading, drainage, traffic, utilities, landscaping, lighting, traffic, fire safety, building codes, and much more. The TAC members comprise of representatives from various city and county departments, from various utility companies, etc. At the January 17, 2018 TAC meeting, the TAC members held preliminary discussions with the Petitioner about the technical aspects of the project and also requested the additional items they need from the Petitioner in order to do a complete review. There were no major concerns voiced by TAC members. The Petitioner will continue to work with the TAC members if the special use is approved & the project moves forward with final construction plans. Multi-Use Path: The new path included as part the Leafspring Preschool project, which runs along the east side of Cherry Tree Rd. along their parcel frontage, is required by the City of Carmel’s Bicycle and Pedestrian Plan as part of the City’s Thoroughfare Plan. For nearly two decades, the City has required all developments to include bicycle and pedestrian facilities as part of their projects to comply with that Plan. This has allowed the City of Carmel to become a walkable and bikeable community. The Leafspring development is no different than any other of the previous developments throughout the City regarding their responsibility to construct the multi-purpose path. The new path segment will provide a connection to the 146th St. path and a safe bike and pedestrian access point to the preschool. This path is an important addition to the City-County path network. 6 Traffic Study: The Petitioner’s Traffic Study contains a Findings and Recommendations section that lists out what improvements to the existing roadways, traffic signals, and subject site are needed for the proposed use and immediate area to operate well. The Carmel City Engineer is in agreement with the Traffic Study and its Findings and Recommendations. Also, the Hamilton County Highway Dept. stated that the Traffic Study as prepared is an acceptable prediction of the impact to the 146th Street and Cherry Tree Road intersection and agrees. They also noted that the added traffic on northbound Cherry Tree Road at the 146th Street intersection will not warrant a protected left-turn signal phase (as was previously recommended in the Traffic Study). That movement will be monitored by the County Highway Dept., as well as by the City Engineer, in the future for the need/installation when Cherry Creek Blvd. is complete. Planning/Zoning Dept. Final Remarks: The Planning Department is generally in support of this Special Use request, with the conditions of approval listed in the Recommendation section below. This Department Report shows that the petition meets the requirements of the Ordinance. All review comments have been addressed by the Petitioner. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Fact included in their informational packet. Recommendation: The Dept. of Community Services recommends Favorable Consideration of Docket No. 17120025 SU with the following Conditions: 1. That the developer makes the necessary upgrades to 146th St. & Cherry Tree Rd. to maintain or improve the level of service (as it relates to vehicular traffic and traffic flow) prior to the development being constructed. 2. That all improvements be kept outside the future street right of way (R/W) of 146th St. and that ingress/egress from 146th St. (curb cuts) not be requested by the Petitioner. (Future R/W for 146th St. is an 85’ half within 500’ of the intersection with Cherry Tree Rd. and a 75’ half beyond 500’ per the County Thoroughfare Plan.) 3. That the Petitioner pay into the Non-Reverting Thoroughfare Fund for what it would cost them to pave the 5-ft section of path in the R/W, near the southwest corner of the site. 4. That the Petitioner shall record a covenant/commitment that establishes trash pick-up and vendor deliveries shall occur only between the hours of 8am-5pm, Mon. through Fri. 7 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT MARCH 26, 2018 (UV) Paradise Personal Training. The applicant seeks use variance approval to operate a one-on-one personal fitness trainer business: 5. Docket No. 18020012 UV UDO Sections 2.11 & 3.56 – Permitted uses, Business use requested. The site is located at 120 1st St NE in Carey Addition, Lot 9 (part). It is zoned R3/Residence and lies within the Old Town Overlay Zone Character Subrarea. Filed by Kevin Buchheit of Krieg Devault LLP, on behalf of John Karesh, business owner. General Info: The applicant seeks use variance approval to operate a one-on-one personal fitness trainer business out of an existing house structure, with 1 employee. (The site will remain zoned Residential.) The existing structure is close to 1,288 sq. ft., with a 624 sq. ft. attached garage. Sessions are by appointment only during the week, so they are sporadic during the day and with a few appointments on Saturday, too. The business will not be open on Sunday. The site is located in the northeast quadrant of the Old Town Overlay zone. Located to the west of this site is The Ginkgo Tree salon/spa (zoned B5/Business). Located adjacent to the north, east, and south of this site are single family homes. The building exterior will remain the same for the most part. The overhead garage door area might be walled off, and a window will be installed. The garage area will be converted into workout/trainer space, too. The proposed sign will meet the sign ordinance requirements, and a separate sign permit will be required for that. Bicycle parking was requested to be added, too. Please see the Petitioner’s info packet for more detail. Analysis: The Petitioner appeared at the March 21 Technical Advisory Committee meeting. No major concerns were voiced by the TAC members. The Petitioner will work with all TAC members to get all pending comments, if any, addressed. Use Variance: Office/Retail/Service uses are not permitted outright in the R3 Residential zoning district; however, these land uses are not specifically excluded by the Old Town Overlay District in which the site also lies. This proposed use will be very small in scale, using the existing house structure, as well as implementing the existing driveway. The site’s location abuts a business use to the west. The Comprehensive Plan calls for central Carmel to be an Area for Special Study, and this use variance public hearing accomplishes that aspect of the Comp Plan, for this specific site. Also, as long as the proposed use can be installed with sensitivity next to the single famil y home uses, it can be viewed by the Comp Plan as a Conditional Fit. This low intensity land use proposal will be a good transition to the single family homes to the north, south, and east of the site. The Planning Dept. supports this Use Variance request. All comments/concerns have been addressed adequately. Old Town Overlay District: It is the purpose of the Old Town Overlay District to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties in the designated Old Town Overlay District. The Plan Commission and Common Council, in establishing the Old Town Overlay District, are relying on IC 36-7-4-600 et seq. and IC 36-7-4-1400 et seq. The Old Town Overlay District establishes regulations in addition to the base/underlying zoning district. In the case of conflicts between this Old Town Overlay District and the base zoning district, the provisions of this overlay will prevail. The Old Town Overlay District is an important historical commercial and residential area to the City of Carmel. In order to protect this important area, the Old Town Overlay District was developed to 8 provide for consistent and coordinated treatment of the properties in Old Town by establishing basic standards for structures, landscaping, and other improvements. Further, the Old Town Overlay District seeks to: • Foster rehabilitation and development in Old Town • Increase property values in Old Town • Protect real estate investment in Old Town • Retain Old Town neighborhood vitality • Spur commercial activity in Old Town • Attract new businesses to Old Town Within the Old Town Overlay District there are different parts and characteristics, therefore, the overlay district is divided into three Sub-Areas: a Character Sub-Area, a Historic Range Line Road Sub-Area, and Main Street Sub-Area. Separate guidelines apply to each Sub-Area. The Character Sub-Areas consist of the bulk of the residential areas in the Old Town Overlay District, both east and west of Range Line Road, and both residential and commercial properties facing Range Line Road in the north end of the District. There are many different styles of architecture in this area; however, the consistency and character of the neighborhood is worth protecting. The intent of these regulations is to preserve the character of the neighborhood by preserving certain buildings and siting characteristi cs. Petitioner’s Findings of Facts: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: After all comments and concerns are addressed, the Dept. of Community Services recommends positive consideration of Docket No. 18020012 UV.