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HomeMy WebLinkAboutDepartment Report 04-23-181 CARMEL BOARD OF ZONING APPEALS – HEARING OFFICER DEPARTMENT REPORT APRIL 23, 2018 (V) The Gray Estate, Lot 1. The applicant seeks the following development standards variance approvals: 1. Docket No. 18030006 V UDO Article 5.02.B.1.a Accessory Structure to be setback 25-ft from Principal Building’s front required, 10-ft requested. 2. Docket No. 18030007 V UDO Article 5.02.B.3 Accessory Structure’s Gross Floor Area not to exceed 75% of Principal Building required, 91% requested. 3. Docket No. 18030008 V UDO Article 11, Definitions Farm must be at least 3 acres required, 2.74 acres requested. The site is located at 5155 E. Main St. It is zoned S1/ Residential. Filed by Timothy Gray, owner. General Info: The Petitioner seeks approval to construct a detached accessory structure (carriage house) that contains a 3-car garage, as well as a guest room. It will be complementary to the existing house, in regards to design, materials, and colors. The front yard building setback, as well as the building footprint, needs variance approvals. The Petitioner also seeks approval to keep his horses on land that is less than 3 acres in size (currently a ‘grandfathered’ land use scenario). Please see the Petitioner’s informational packet for more detail on the variance requests. Analysis: Setback: Per the ordinance, an Accessory Structure needs to be setback at least 25-ft from Principal Building’s front face. A 10-ft setback is requested. The house sites 50-ft back from the street right of way, and the proposed accessory structure will sit approximately 60-ft back from the street right of way (and 10-ft behind the main house’s front setback). Gross floor area: Per the ordinance, an Accessory Structure’s Gross Floor Area cannot exceed 75% of Principal Building’s first floor ground floor area. However, 91% is requested. This is due to the fact that the existing house is an old farm house, which has a smaller building footprint. Site acreage: Per the ordinance definitions, a Farm must be at least 3 acres in size. However, 2.74 acres is requested, and this is mostly due to the fact that street right of way was dedicated to the City with the subdivision plat. The land owner has kept horses on his land for the past 15 years, so technically the land use is legally non-conforming, or ‘grandfathered’, and the land owner just wants to make it legally conforming. The Planning Dept. supports all three variance requests. 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 Nos. 18030006 V-18030008 V. 2 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT APRIL 23, 2018 1. TABLED TO TUESDAY, MAY 29 - (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 Tuesday, May 29, 2018 regular BZA meeting, to allow for additional time for finalization of discussions between the City and the Petitioner. 3 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT APRIL 23, 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: 1. Docket No. 17120025 SU ZO Chptr 5.02: Permitted Uses, Special Use required for a School. 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. *New, additional text is in a light blue color and different font* 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 (UDO) establishes that Special Uses shall generally be considered favorably by the Board if they favorably address ordinance criteria. Educational/Institutional uses, including a Preschool/Kindergarten, 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 is generally 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 an internally-illuminated ground sign. No variances are requested; the Petitioner withdrew the lot coverage variance since they now show 34.5% cover, meeting the 35% maximum. 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. 4 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; 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; 5 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. 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 has reviewed the Study and is in agreement with 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 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. Recap, March 26 Public Hearing: The Petitioner made a presentation and also referred to their info packet for the site plan and architecture. Tree preservation and landscape buffers were mentioned, as well as the traffic study and the residential impact study. During the public hearing, 23 people from the public spoke, either against or in favor of the petition. Then, the public hearing was closed. After the Petitioner’s rebuttal, the Board members asked several questions about the proposal and the site. Discussion ensued. Then, the item was continued to the April 23 BZA meeting. (For the April 23 meeting, the Board requested copies of the State licensure for the preschool, a cross section of the driveway entryway to the site which shows the topography and proposed grade changes of the street and the site, and directed the BZA attorney is to prepare a legal analysis regarding the proposed Special Use.) 6 Since the March Hearing: The site plan has been updated to show adjustments to the number and the location of the bicycle parking; now, it’s in compliance. Continued correspondence from the public and the Petitioner has been received during this time; the BZA file has been updated so that these documents can be accessed by the public, the Petitioner, and the Board Members. Correspondence from the public also included a request to re-open the public hearing, a response to the Petitioner’s 4/13 use analysis, and much more. Again, all of these items are in Laser Fiche, as well as the paper copy of the file. A copy of Rainbow Station’s child care license from the State of Indiana was provided by the Petitioner, as well as the drive way cross section exhibit. The Petitioner also submitted an Executive Summary of traffic safety benefits of Multi- Use path and Vehicle detection which includes additional items they are willing to do. Copies of additional letters of support were also submitted by the Petitioner. For the file and for the BZA attorney, the project attorney provided an analysis / position statement on docketing and land use definitions, regarding the Special Use application. The BZA attorney submitted his legal opinion directly to the BZA members. 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 the building and site improvements be kept outside the future street right of way (R/W) of 146th St. and that new 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 the cost to pave the 5-ft section of path in Cherry Tree Road 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. 5. That a maximum of 222 students and a maximum of 26 employees are on site, in the building, at any one time. Additional Petitioner-proposed conditions, for consideration by the Board: 6. Applicant is willing to contribute up to $35,000 to the City’s Non -Reverting Thoroughfare Fund, or the appropriate City fund , towards completing the work for a southern extension of the 10’ multi-use path to be installed by the City from Applicant’s southern property line adjacent to Cherry Tree Road down to Klingensmith Boulevard, in order to provide improved bicycle and pedestrian connectivity from the Applicant’s property to the south. 7. Applicant is willing to install a 6’ tall wood privacy fence, with accompanied arborvitae shrubs, along the entirety of the east perimeter lot line in order to provide additional screening to the east, but the location of t he 6’ tall wood privacy fence to be installed would not impact the proposed tree preservation area along the east property line.